CJI for judicial accountabilityRavi Dayal
[ 10 Dec, 2006 0222hrs ISTTIMES NEWS NETWORK ]
PATNA: Chief Justice of India Y K Sabharwal on Saturday favoured detailed deliberations on the proposed Judicial Accountability Bill in Parliament. He, however, skirted concerns expressed by MPs about judicial activism that impinged on the sovereignty of the legislature. Inaugurating a national seminar on "Erosion of values in judicial system and its refurbishment" here, Justice Sabharwal said he does not find anything wrong in introduction of the Bill as it is within the ambit of judiciary. However, "if you cannot trust the President, Prime Minister, the Chief Justice of India, I can only say sorry", he added. The seminar was organised jointly by the Bar Council of India and Bihar State Bar Council. Justice Sabharwal said he wants corruption level in judiciary to be zero. "Rampant corruption among the staff in the subordinate judiciary shatters the confidence of litigants in the judicial system," he said, stressing the need for transparency and accountability. He said the implementation of court orders by the governments remains a grey area. The Central and state governments are the first respondents in 17,000 of the 35,000 petitions pending in the Supreme Court, he said, adding the governments are the biggest litigants. He was critical of the mushroom growth of law colleges which, he felt, has been affecting the quality of lawyers. The Bar Council of India, which grants affiliation to these colleges, should do some introspection in this regard. He also said the Indian courts have a huge workload but few facilities to cope up with the pressure compared to many developed and developing countries. Justice B P Singh of the Supreme Court said unnecessary criticism of an institution harms it. He attributed much of the criticism of judiciary to misunderstanding. Another Supreme Court judge, Justice S B Sinha, said, "We must try to refurbish the image of justice delivery system." He also gave a feel-good kind of certificate to Bihar judges when he said the performance of judicial officers of the state is good compared to their counterparts in other parts of the country. Former Chief Justice of Kolkata High Court and Andhra Pradesh High Court, Justice P S Mishra also said the fall in standards of judicial system is not as much in Bihar as in other states. Former CJI Jagannath Pattnaik underlined the importance of judiciary saying if the judicial system fails, the democracy will fail. "If I say there is no erosion of the values in judicial system, it will be sheer hypocrisy," he said, adding accountability and transparency must be ensured. He was equally critical of lawyers. "In the past, lawyers commanded respect but now they are demanding it," he said exhorting lawyers to restore the old glory to judicial system.
Monday, December 11, 2006
Saturday, December 09, 2006
Some SC verdicts are remarks, not court's decision
Some SC verdicts are remarks, not court's decisionDhananjay Mahapatra
[ 27 Nov, 2006 0026hrs ISTTIMES NEWS NETWORK ]
NEW DELHI: The UPA government will be thankful to attorney general Milon Banerjee for taking the steam off the controversy arising from the Supreme Court's recent judgment on application of creamy-layer exclusion policy to all backward classes, including SCs and STs. In the erudite opinion of the A-G, government need not burn the midnight oil in finding a way out of the caste triggered maze presented by the court while giving its judgment on the reservation within reservation issue pertaining to promotions in government jobs. The verdict was meant for OBCs and the ancillary observations need not be taken seriously as a direction, A-G appeared to have said by terming the creamy layer reference in the judgment as obiter dicta. An obiter dictum, Latin for a statement made "by the way", is a remark or observation made by a judge that, while included in the body of court's opinion, does not necessarily form part of the court's decision, even if they happen to be correct statements of law. Whoever had invented the coinage obiter dicta must have been in a situation similar to the one thrust upon the A-G, who knows the coalition nature of the government he represents before the courts and the importance of caste-based politics. He did well by terming the most sensitive and strong remarks in the judgment as obiter dicta. His approach to the problem was reflective of the traditional approach of governments, irrespective of the political party at the helm of affairs, that is to term the apex court's inconvenient observations as obiter dicta. From Bommai to Bihar, the SC in the last 10 years has given several judgments laying down guidelines and standards for imposition of President's rule in a state. Did the sanctity of the law laid down by the apex court under Article 142 prevent the Centre from dismissing inconvenient state governments bowing to pressures of its allies? Why should it be, for there were equally erudite law ministers and law officers who must have termed these judgments as obiter dicta. The Bommai case may be old enough to be forgotten. But take the judgment of the five-judge Bench on the action of Bihar governor Buta Singh to recommend dissolution of the assembly last year to prevent the NDA from coming to power by stitching together a rag-tag coalition. The judgment was an academic exercise to test the purity of the governor's action and Buta Singh failed miserably. A furious court singled him out for some special treatment terming his apprehension as "fanciful assumptions" and holding him and the council of ministers, which advised imposition of President's rule in Bihar, to have acted in tandem to "subvert the Constitution". Sample these: "Governor is not an autocratic political ombudsman"; "Buta Singh's action was a mere pretence. The real objective was to prevent Nitish from staking claim to form government"; "Clearly the governor has misled the council of ministers"; and "Report recommending dissolution of assembly was a mere ipse dixit, suspicion, whims and fancies of the governor". Had these been aimed at the holder of a constitutional post in any other country, he was sure to have resigned but Buta Singh continued.
[ 27 Nov, 2006 0026hrs ISTTIMES NEWS NETWORK ]
NEW DELHI: The UPA government will be thankful to attorney general Milon Banerjee for taking the steam off the controversy arising from the Supreme Court's recent judgment on application of creamy-layer exclusion policy to all backward classes, including SCs and STs. In the erudite opinion of the A-G, government need not burn the midnight oil in finding a way out of the caste triggered maze presented by the court while giving its judgment on the reservation within reservation issue pertaining to promotions in government jobs. The verdict was meant for OBCs and the ancillary observations need not be taken seriously as a direction, A-G appeared to have said by terming the creamy layer reference in the judgment as obiter dicta. An obiter dictum, Latin for a statement made "by the way", is a remark or observation made by a judge that, while included in the body of court's opinion, does not necessarily form part of the court's decision, even if they happen to be correct statements of law. Whoever had invented the coinage obiter dicta must have been in a situation similar to the one thrust upon the A-G, who knows the coalition nature of the government he represents before the courts and the importance of caste-based politics. He did well by terming the most sensitive and strong remarks in the judgment as obiter dicta. His approach to the problem was reflective of the traditional approach of governments, irrespective of the political party at the helm of affairs, that is to term the apex court's inconvenient observations as obiter dicta. From Bommai to Bihar, the SC in the last 10 years has given several judgments laying down guidelines and standards for imposition of President's rule in a state. Did the sanctity of the law laid down by the apex court under Article 142 prevent the Centre from dismissing inconvenient state governments bowing to pressures of its allies? Why should it be, for there were equally erudite law ministers and law officers who must have termed these judgments as obiter dicta. The Bommai case may be old enough to be forgotten. But take the judgment of the five-judge Bench on the action of Bihar governor Buta Singh to recommend dissolution of the assembly last year to prevent the NDA from coming to power by stitching together a rag-tag coalition. The judgment was an academic exercise to test the purity of the governor's action and Buta Singh failed miserably. A furious court singled him out for some special treatment terming his apprehension as "fanciful assumptions" and holding him and the council of ministers, which advised imposition of President's rule in Bihar, to have acted in tandem to "subvert the Constitution". Sample these: "Governor is not an autocratic political ombudsman"; "Buta Singh's action was a mere pretence. The real objective was to prevent Nitish from staking claim to form government"; "Clearly the governor has misled the council of ministers"; and "Report recommending dissolution of assembly was a mere ipse dixit, suspicion, whims and fancies of the governor". Had these been aimed at the holder of a constitutional post in any other country, he was sure to have resigned but Buta Singh continued.
Thursday, December 07, 2006
Thousands protest for rights over India's forests
By Nita Bhalla
NEW DELHI, Nov 29 (Reuters) - Thousands of India's poorest and most marginalised people gathered in the heart of New Delhi and other cities on Wednesday demanding rights over the remote forest land where they have lived for centuries.
Women in brightly coloured saris and men in turbans from far-flung rural areas waved banners and punched their fists in the air calling on the government to quickly pass a law recognising their rights.
"Who will look after the forests? We will. We will," they chanted. "Who do the forests belong to? They belong to us."
More than 40 million people live in India's resource-rich forest areas including protected wildlife reserves and dense woodland, eking out a meagre living from simple farming, picking fruit and collecting honey.
For generations they have had no legal right to the land or the use of forest resources.
They say they have been treated as "encroachers" and "criminals" on their own land and forced to leave it by forestry officials, mining and logging companies.
"Millions of impoverished people ironically live in the richest lands in India, but they have not been able to benefit from the land," said Shankar Gopalakrishnan from the Campaign for Dignity and Survival, a union of forest community groups.
"EVICTED, BEATEN, TORTURED"
"Every year, hundreds of thousands are forcefully evicted, beaten, tortured and their homes are demolished by officials and businessmen who want to use the land for their own purposes."
Similar protests took place in the eastern cities of Bhubaneswar and Ranchi, where thousands of forest dwellers gathered, beating drums and chanting slogans. Fifty-four-year-old Rambati Bai said despite spending more than 60 years living in Sunabeda Wildlife Sanctuary in the eastern state of Orissa, she and her family were not allowed to call the forest home.
"Last year, the forest officials came to my village and told us to leave the forest. Is it that easy? How can we live in another place?" said the woman, clad in a shabby, crumpled white sari.
Others said they had been jailed for months for refusing to leave the land that they and their forefathers had cultivated for generations.
The government is expected to pass a new law -- the Recognition of Forest Rights Bill 2005 -- before the end of the year which would, for the first time, give forest dwellers the right to own the land they have been using.
But some wildlife groups have voiced concern about the bill, saying it would give too much protection to forest people and would threaten efforts to save endangered tigers.
Activists for the forest dwellers say the bill has already been watered down to give people little power after pressure by green groups and powerful logging and mining companies.
"The government is using conservation as an excuse not to give us rights," said S.R. Hiremath of Samaj Parivartana Samudaya, a local charity working with forest communities in the southern state of Karnataka.
"We are not a threat to the environment and not a threat to animals. For centuries, we have lived in co-existence with the environment and its destruction is because of the mining and paper companies."
NEW DELHI, Nov 29 (Reuters) - Thousands of India's poorest and most marginalised people gathered in the heart of New Delhi and other cities on Wednesday demanding rights over the remote forest land where they have lived for centuries.
Women in brightly coloured saris and men in turbans from far-flung rural areas waved banners and punched their fists in the air calling on the government to quickly pass a law recognising their rights.
"Who will look after the forests? We will. We will," they chanted. "Who do the forests belong to? They belong to us."
More than 40 million people live in India's resource-rich forest areas including protected wildlife reserves and dense woodland, eking out a meagre living from simple farming, picking fruit and collecting honey.
For generations they have had no legal right to the land or the use of forest resources.
They say they have been treated as "encroachers" and "criminals" on their own land and forced to leave it by forestry officials, mining and logging companies.
"Millions of impoverished people ironically live in the richest lands in India, but they have not been able to benefit from the land," said Shankar Gopalakrishnan from the Campaign for Dignity and Survival, a union of forest community groups.
"EVICTED, BEATEN, TORTURED"
"Every year, hundreds of thousands are forcefully evicted, beaten, tortured and their homes are demolished by officials and businessmen who want to use the land for their own purposes."
Similar protests took place in the eastern cities of Bhubaneswar and Ranchi, where thousands of forest dwellers gathered, beating drums and chanting slogans. Fifty-four-year-old Rambati Bai said despite spending more than 60 years living in Sunabeda Wildlife Sanctuary in the eastern state of Orissa, she and her family were not allowed to call the forest home.
"Last year, the forest officials came to my village and told us to leave the forest. Is it that easy? How can we live in another place?" said the woman, clad in a shabby, crumpled white sari.
Others said they had been jailed for months for refusing to leave the land that they and their forefathers had cultivated for generations.
The government is expected to pass a new law -- the Recognition of Forest Rights Bill 2005 -- before the end of the year which would, for the first time, give forest dwellers the right to own the land they have been using.
But some wildlife groups have voiced concern about the bill, saying it would give too much protection to forest people and would threaten efforts to save endangered tigers.
Activists for the forest dwellers say the bill has already been watered down to give people little power after pressure by green groups and powerful logging and mining companies.
"The government is using conservation as an excuse not to give us rights," said S.R. Hiremath of Samaj Parivartana Samudaya, a local charity working with forest communities in the southern state of Karnataka.
"We are not a threat to the environment and not a threat to animals. For centuries, we have lived in co-existence with the environment and its destruction is because of the mining and paper companies."
Shortage of judges acute in U.P.
Shortage of judges acute in U.P.
748 posts to be filled against a sanctioned strength of 2,172
New Delhi: Uttar Pradesh ranks highest in terms of shortage of judges with 748 posts still to be filled against a sanctioned strength of 2,172 for district courts in the State.
This accounts for more than 28 per cent of nationwide shortage of 2,655 judges against the total sanctioned strength of 14,305 across the country, according to official figures.
In terms of judges shortage, Uttar Pradesh was followed by Bihar with a figure of 472 against the sanctioned strength 1163 for the state.
Yet further down are Maharashtra with (216), Karnataka (138), West Bengal (110), Rajasthan (106) and Madhya Pradesh (106). The remaining States have two-digit shortage. In States like Arunachal Pradesh and Nagaland and union territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli judges worked in full strength.
The judges to population ratio still stood at 13 per ten lakh people against the required 50 judges per ten lakh people in the country.
The onus of filling posts of judges at district level courts lies with State governments and respective High Courts and the Centre has written to them that all vacant positions should be filled.
As for the High Courts, the shortage figure stood at 71 against the sanctioned strength of 686 judges and a review of shortage, which is carried out every three years, is pending this year.
In Supreme Court, there is a shortage of four judges against the total sanctioned strength of 26 judges.
Apart from shortage of judges, the pendency of cases can be ascribed to factors such as increase in number of cases, new laws, rise in population, heightened awareness among citizens of their legal rights, adjournments, lawyers strikes, increase in socio-economic matters, legal and administrative aspects touching the lives of the citizens. -- PTI
http://www.hindu.com/2006/12/06/stories/2006120611880300.htm
748 posts to be filled against a sanctioned strength of 2,172
New Delhi: Uttar Pradesh ranks highest in terms of shortage of judges with 748 posts still to be filled against a sanctioned strength of 2,172 for district courts in the State.
This accounts for more than 28 per cent of nationwide shortage of 2,655 judges against the total sanctioned strength of 14,305 across the country, according to official figures.
In terms of judges shortage, Uttar Pradesh was followed by Bihar with a figure of 472 against the sanctioned strength 1163 for the state.
Yet further down are Maharashtra with (216), Karnataka (138), West Bengal (110), Rajasthan (106) and Madhya Pradesh (106). The remaining States have two-digit shortage. In States like Arunachal Pradesh and Nagaland and union territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli judges worked in full strength.
The judges to population ratio still stood at 13 per ten lakh people against the required 50 judges per ten lakh people in the country.
The onus of filling posts of judges at district level courts lies with State governments and respective High Courts and the Centre has written to them that all vacant positions should be filled.
As for the High Courts, the shortage figure stood at 71 against the sanctioned strength of 686 judges and a review of shortage, which is carried out every three years, is pending this year.
In Supreme Court, there is a shortage of four judges against the total sanctioned strength of 26 judges.
Apart from shortage of judges, the pendency of cases can be ascribed to factors such as increase in number of cases, new laws, rise in population, heightened awareness among citizens of their legal rights, adjournments, lawyers strikes, increase in socio-economic matters, legal and administrative aspects touching the lives of the citizens. -- PTI
http://www.hindu.com/2006/12/06/stories/2006120611880300.htm
Delhi HC tells Centre to file reply in Sanskriti School case
New Delhi, Dec 05: The Delhi High Court today asked the Centre to file a detailed reply on a government proposal to grant Rs 10-crore to the capital's elite Sanskriti School and if it was a one-time grant or paid on a regular basis. A division bench headed by Justice Swatanter Kumar has sought clarification from the government if there was any specific policy for the release of such a one-time grant by the different arms of the government.The court also wanted to know if the government was planning to release any other grants soon while giving the latter four weeks' time to file its reply.The court had taken suo moto cognisance of news reports that the government was planning a Rs 10-crore grant for Sanskriti School set up by wives of top bureaucrats.It had taken up the matter as a PIL in which the question was debated as to why the government was routing large public resources to a school not accessible to children belonging to the weaker sections of the society.Arguing on behalf of the school, its counsel Arun Jaitley challenged the court's powers to examine a budgetary provision by Parliament."Any grant made under the budgetary provision was beyond the scope of the judiciary," he contended.Claiming that the school provided 20 per cent reservation to children from weaker sections of society, he questioned the illegality of receipt of government grants by it.Meanwhile, the court has issued a notice to the journalist based on whose report a PIL was filed.
Bureau Report
http://www.zeenews.com/znnew/articles.asp?aid=340180&sid=REG
Bureau Report
http://www.zeenews.com/znnew/articles.asp?aid=340180&sid=REG
CJ takes tough line on female foeticide
5 Dec, 2006 1111hrs ISTTIMES NEWS NETWORK
CHANDIGARH: Expressing concern over the continuously declining sex ratio in Punjab and Haryana and also the plight of child labourers, the newly-appointed chief justice of Punjab and Haryana high court, Justice Vijender Jain on Monday said that the State Legal Services Authority (SLSA) would be dedicating year 2007 to child labourers. He is also the patron-in-chief of SLSA. Justice Jain has also directed SLSA in Punjab to create a mass awareness programme to combat the rising trend of female infanticides in the state. Talking to TOI, the Chief Justice informed that year 2007 would be celebrated as a year of awakening. Mass awareness programmes to rehabilitate child labourers would be launched under the auspices of the State Legal Services Authority. The Chief Justice also expressed concern over the rising cases of female infanticide in Punjab. ‘‘My effort is to make the State Legal Services Authority of Punjab to take the rising cases of female infanticide as a challenge so that sex ratio in the state could be stabilised. Apart from that, efforts should also be made to highlight other social evils in the state,’’ informed Justice Jain. In order to channelise SLSAs in Punjab, Haryana and Chandigarh, the Chief Justice has appointed Justice S S Nijjar as the chairman of Punjab State Legal Services Authority, Justice J S Khehar as chairman of Chandigarh Legal Services Authority and Justice Mehtab Singh Gill as chairman of the High Court legal Services Committee. The Chief Justice of India, Justice Y K Sabharwal is also expected to join in this endeavour. He would be visiting Sangrur and Patiala on December 17 to participate in a seminar to spread awareness against female foeticide. Crude facts If facts are to be believed, between the time you read today’s and yesterday’s papers 275 female foetuses would have been aborted in various parts of Punjab alone. According to latest reports, one lakh female foetuses are aborted every year in Punjab. India has not signed a large number of international statues and therefore gets away with its responsibility towards the international community on this front. Female foeticide alone satisfies four of the five conditions set out in the Genocide Convention. The crime already matches, even surpasses, the worst episodes of genocide as 50 lakh female foetuses a year are aborted after sex determination tests. Lancetm, a British journal, estimated that over 10 million girls were lost in India over the last 20 years. The national average sex ratio has gone down from 972 in 1901 to just 933 in 2001. Punjab’s sex ratio of 793 in the age group of zero to six years is the lowest among all 28 Indian states and six union territories. In Haryana, there are about 861 females for over 1,000 men as opposed to the national average of 927 women.
CHANDIGARH: Expressing concern over the continuously declining sex ratio in Punjab and Haryana and also the plight of child labourers, the newly-appointed chief justice of Punjab and Haryana high court, Justice Vijender Jain on Monday said that the State Legal Services Authority (SLSA) would be dedicating year 2007 to child labourers. He is also the patron-in-chief of SLSA. Justice Jain has also directed SLSA in Punjab to create a mass awareness programme to combat the rising trend of female infanticides in the state. Talking to TOI, the Chief Justice informed that year 2007 would be celebrated as a year of awakening. Mass awareness programmes to rehabilitate child labourers would be launched under the auspices of the State Legal Services Authority. The Chief Justice also expressed concern over the rising cases of female infanticide in Punjab. ‘‘My effort is to make the State Legal Services Authority of Punjab to take the rising cases of female infanticide as a challenge so that sex ratio in the state could be stabilised. Apart from that, efforts should also be made to highlight other social evils in the state,’’ informed Justice Jain. In order to channelise SLSAs in Punjab, Haryana and Chandigarh, the Chief Justice has appointed Justice S S Nijjar as the chairman of Punjab State Legal Services Authority, Justice J S Khehar as chairman of Chandigarh Legal Services Authority and Justice Mehtab Singh Gill as chairman of the High Court legal Services Committee. The Chief Justice of India, Justice Y K Sabharwal is also expected to join in this endeavour. He would be visiting Sangrur and Patiala on December 17 to participate in a seminar to spread awareness against female foeticide. Crude facts If facts are to be believed, between the time you read today’s and yesterday’s papers 275 female foetuses would have been aborted in various parts of Punjab alone. According to latest reports, one lakh female foetuses are aborted every year in Punjab. India has not signed a large number of international statues and therefore gets away with its responsibility towards the international community on this front. Female foeticide alone satisfies four of the five conditions set out in the Genocide Convention. The crime already matches, even surpasses, the worst episodes of genocide as 50 lakh female foetuses a year are aborted after sex determination tests. Lancetm, a British journal, estimated that over 10 million girls were lost in India over the last 20 years. The national average sex ratio has gone down from 972 in 1901 to just 933 in 2001. Punjab’s sex ratio of 793 in the age group of zero to six years is the lowest among all 28 Indian states and six union territories. In Haryana, there are about 861 females for over 1,000 men as opposed to the national average of 927 women.
Sunday, November 26, 2006
Crying wolf ground for divorce
Dhananjay Mahapatra [ 26 Nov, 2006 0003hrs ISTTIMES NEWS NETWORK ]
NEW DELHI: The Supreme Court has cautioned women facing harassment in their matrimonial homes to be truthful in their complaints before the anti-dowry cell of police, because if their complaints are repeatedly found to be false, the courts could grant divorce on this ground alone. This ruling came in a case pertaining to a couple, Rishi-kesh Sharma and Saroj, who were married in 1972, had a daughter in 1975 but developed differences which lead the wife to start living separately since 1981. While she filed several criminal complaints against him, the husband moved the trial court in 1989, for divorce on grounds of mental cruelty and desertion by wife. First, the trial court at Gwalior and then the Madhya Pradesh HC dismissed his plea. Hearing his appeal, an apex court Bench comprising Justices A R Lakshmanan and Tarun Chatterjee noted that the couple was living separately since 1981 and that their marriage had broken down irretrievably. The wife had repeatedly filed criminal cases against the husband which could not be substantiated in court, the Bench said and felt that there was no point in keeping the marriage alive as both were nearing 50 years of age and their only daughter was married. Faulting the HC order not granting divorce as sought by the husband, the Bench said, "The HC has not considered the allegations made by the wife which have been repeatedly made and repeatedly found baseless by courts. Therefore, the best course in our opinion is to dissolve the marriage by passing a decree of divorce so that the parties, who are litigating since 1981 and have lost a valuable part of their life, can live peacefully in the remaining part of their life." During the hearing, the husband offered to pay a lumpsum amount as permanent alimony to the wife, who refused the money and expressed willingness to live with him. "We are of the opinion that her desire to live with her husband at this stage and at this distance of time is not genuine. Therefore, we are not accepting this suggestion made by the wife and reject the same,"the Bench said while granting divorce to the husband who had first sought it 17 years ago.
NEW DELHI: The Supreme Court has cautioned women facing harassment in their matrimonial homes to be truthful in their complaints before the anti-dowry cell of police, because if their complaints are repeatedly found to be false, the courts could grant divorce on this ground alone. This ruling came in a case pertaining to a couple, Rishi-kesh Sharma and Saroj, who were married in 1972, had a daughter in 1975 but developed differences which lead the wife to start living separately since 1981. While she filed several criminal complaints against him, the husband moved the trial court in 1989, for divorce on grounds of mental cruelty and desertion by wife. First, the trial court at Gwalior and then the Madhya Pradesh HC dismissed his plea. Hearing his appeal, an apex court Bench comprising Justices A R Lakshmanan and Tarun Chatterjee noted that the couple was living separately since 1981 and that their marriage had broken down irretrievably. The wife had repeatedly filed criminal cases against the husband which could not be substantiated in court, the Bench said and felt that there was no point in keeping the marriage alive as both were nearing 50 years of age and their only daughter was married. Faulting the HC order not granting divorce as sought by the husband, the Bench said, "The HC has not considered the allegations made by the wife which have been repeatedly made and repeatedly found baseless by courts. Therefore, the best course in our opinion is to dissolve the marriage by passing a decree of divorce so that the parties, who are litigating since 1981 and have lost a valuable part of their life, can live peacefully in the remaining part of their life." During the hearing, the husband offered to pay a lumpsum amount as permanent alimony to the wife, who refused the money and expressed willingness to live with him. "We are of the opinion that her desire to live with her husband at this stage and at this distance of time is not genuine. Therefore, we are not accepting this suggestion made by the wife and reject the same,"the Bench said while granting divorce to the husband who had first sought it 17 years ago.
Saturday, November 18, 2006
HC won't decide policy on HIV testing
16 November 2006
The Bombay High Court has held that it is not a technical expert to decide on issues related to HIV so as to make it compulsory for couples to go for the test before marriage.A division bench comprising Chief Justice H S Bedi and Justice V M Kanade was hearing a public interest litigation filed by the Maharashtra Law Graduates' Association seeking HIV tests to be made compulsory before marriage. They also sought a special committee to be appointed by the court that would check the viability of making the test mandatory.The petitioner's counsel contended that just a few months ago, India was the second largest HIV positive country next to South Africa. Therefore, dealing with this issue is necessary, he said.However, the court said that while the matter was of 'vital importance', the state and central governments that deal with these issues must be the forum to consider the prayers of the petitioner while conceptualising any policy regarding HIV in India. (UNI)
The Bombay High Court has held that it is not a technical expert to decide on issues related to HIV so as to make it compulsory for couples to go for the test before marriage.A division bench comprising Chief Justice H S Bedi and Justice V M Kanade was hearing a public interest litigation filed by the Maharashtra Law Graduates' Association seeking HIV tests to be made compulsory before marriage. They also sought a special committee to be appointed by the court that would check the viability of making the test mandatory.The petitioner's counsel contended that just a few months ago, India was the second largest HIV positive country next to South Africa. Therefore, dealing with this issue is necessary, he said.However, the court said that while the matter was of 'vital importance', the state and central governments that deal with these issues must be the forum to consider the prayers of the petitioner while conceptualising any policy regarding HIV in India. (UNI)
Wednesday, November 15, 2006
Role reversal: CJI answers children's queries
A Vaidyanathan/Aradhana SharmaTuesday, November 14, 2006 (New Delhi):
The Supreme Court threw open its doors to schoolchildren from around the country on the occasion of Children's Day. The Chief Justice of India (CJI) and several other supreme court judges answered questions posed to them by the children at a special session.The CJI said that like every institution, the apex court is fallible and that its decisions may not always be right. But the court is Supreme as its decisions are final.Not only did these judges come face to face with children, the CJI also decided to answer some questions they had. The first one: why is the Supreme Court called Supreme?"SC is supreme because its final. Not necessarily right; no institution is infallible," said Y K Sabharwal, CJI.The session organised by the National Legal Services Authority was aimed at creating awareness on child rights.Wide ranging questionsThe CJI answered questions ranging from child labour to violence against children and their access to justice. He was satisfied with the event."It was a good session and will help in educating the children and increasing their awareness level," said Y K Sabharwal, CJI.But there were others who would have liked more contemporary and controversial issues answered."In the role of the judiciary versus the executive, when do we say that the line is being crossed?" said Harkeerat, student.It was a once in a lifetime experience for these children and though all their questions may not have been answered, this short session was definitely a good beginning towards spreading judicial awareness.
The Supreme Court threw open its doors to schoolchildren from around the country on the occasion of Children's Day. The Chief Justice of India (CJI) and several other supreme court judges answered questions posed to them by the children at a special session.The CJI said that like every institution, the apex court is fallible and that its decisions may not always be right. But the court is Supreme as its decisions are final.Not only did these judges come face to face with children, the CJI also decided to answer some questions they had. The first one: why is the Supreme Court called Supreme?"SC is supreme because its final. Not necessarily right; no institution is infallible," said Y K Sabharwal, CJI.The session organised by the National Legal Services Authority was aimed at creating awareness on child rights.Wide ranging questionsThe CJI answered questions ranging from child labour to violence against children and their access to justice. He was satisfied with the event."It was a good session and will help in educating the children and increasing their awareness level," said Y K Sabharwal, CJI.But there were others who would have liked more contemporary and controversial issues answered."In the role of the judiciary versus the executive, when do we say that the line is being crossed?" said Harkeerat, student.It was a once in a lifetime experience for these children and though all their questions may not have been answered, this short session was definitely a good beginning towards spreading judicial awareness.
President of India administered a pledge to the legal fraternity
President of India administered a pledge to the legal fraternity for free legal aid to victims of child labour On its Silver Jubilee celebrations on the 10th Nov 2006, The Delhi Legal Services Authority (DLSA) stood up for the cause of children, literally. For the first time in its history, the President of the country administered a pledge to the legal fraternity that none of them would employ a child under the age of 14 years and s/he would provide immediate assistance to any child engaged in child labour. The DLSA has pledged to provide free legal assistance to take up the cases of victims of child labour, also the first time that any legal body has taken up the issue of child labour so closely. This idea was the brain child of Bachpan Bachao Andolan (BBA) with whom DLSA would jointly organize legal training to law enforcement agencies. The event was jointly organized by DLSA and BBA. While the Honourable President, Shri A.P.J. Abdul Kalam was the chief guest of the function, also present were the Chief Justice of India, Shri Y.K.Sabharwal, who was the Guest of Honour, Dr. H.R. Bhardwaj, Union Minister for Law & Justice, Justice K.G. Balakrishnan, Judge, Supreme Court of India, Justice Vijender Jain, Chief Justice, Justice M.K.Sharma, Delhi High Court and Executive Chairman, DLSA presided over the function. Justice M.K.Sharma and Justice Virender Jain, in their welcome speech stated that for their auspicious silver jubilee celebrations, no theme could be more pertinent than children, the future citizens of India and the aid that DLSA could give to the victims of exploited child labourers. It was this idea that appealed to DLSA to work jointly with BBA in victim's legal assistance and in the training of law enforcement agencies. The Chief Justice of India appealed to the Judges, lawyers and students to take care of the millions of poor backward people of the country, so that the God will take care of the Nation. He said the purpose of organizing such functions is to motivate, sensitise and inspire all stake holders. The Minister for law and Justice, Dr. H. R. Bhardwaj said translating the mandate of Article 14 of the Constitution is a Herculean task as there is huge disparity in the country. Legal Aid to the poor taken up by Delhi Legal Services Authority is a commendable step as it can help achieve equality of status and opportunities. Speaking of the role of the civil society and NGOs in particular, he commended DLSA's move to work with the civil society on the issue of child labour. Former child labourers rescued by BBA and school children formed a human chain under the leadership of Chief Justice of India, Y.K.Sabharwal at India Gate.
Monday, November 13, 2006
Delhi HC directs hospitals to compensate rape victim
New Delhi, Nov 12: Zee News
The Delhi High Court has directed Shanti Mukund Hospital in East Delhi to pay a compensation of Rs 5.5 lakh to a nurse who lost her right eye due to rape and assault by a staffer within the hospital premises in 2003. The court also directed Guru Tegh Bahadur Hospital to compensate the victim with Rs two lakh for neglect in providing adequate treatment to her soon after the incident. Justice Manmohan Sarin in his order on Friday said, "in the present case, where a heinous crime like rape was committed on a helpless girl, the high court must not restrict itself to rigid stand like locus standi." The order came on a petition filed by the victim seeking compensation towards the irreparable loss caused to her. Her counsel Aman Lekhi submitted "in a case of this kind where a magnitude of loss is irreparable, procedural technicalities should not be harped upon." Accepting his submission, the court directed the hospital to immediately release Rs 1.5 lakh to her while the remaining amount would be put in fixed deposit for four years. The interest accruing on the deposit will be released quarterly, the court directed. Justice Sarin has given liberty to the victim that she can approach the court for release of the money in case she wants to pursue higher studies. Lekhi claimed a writ petition could be filed against the state as well as a private organisation performing a public service. The judge in his order also blamed GTB Hospital for neglecting the victim's case saying "the hospital (GTB) also absolved itself of negligence when the victim sought medical attention soon after the incident." The nurse was raped by an attendant in September 2003 inside Shanti Mukund Hospital. The accused had pierced her eyes with a motive that she would not be able to identify him. Bureau Report
http://www.zeenews.com/znnew/articles.asp?aid=335196&sid=REG
The Delhi High Court has directed Shanti Mukund Hospital in East Delhi to pay a compensation of Rs 5.5 lakh to a nurse who lost her right eye due to rape and assault by a staffer within the hospital premises in 2003. The court also directed Guru Tegh Bahadur Hospital to compensate the victim with Rs two lakh for neglect in providing adequate treatment to her soon after the incident. Justice Manmohan Sarin in his order on Friday said, "in the present case, where a heinous crime like rape was committed on a helpless girl, the high court must not restrict itself to rigid stand like locus standi." The order came on a petition filed by the victim seeking compensation towards the irreparable loss caused to her. Her counsel Aman Lekhi submitted "in a case of this kind where a magnitude of loss is irreparable, procedural technicalities should not be harped upon." Accepting his submission, the court directed the hospital to immediately release Rs 1.5 lakh to her while the remaining amount would be put in fixed deposit for four years. The interest accruing on the deposit will be released quarterly, the court directed. Justice Sarin has given liberty to the victim that she can approach the court for release of the money in case she wants to pursue higher studies. Lekhi claimed a writ petition could be filed against the state as well as a private organisation performing a public service. The judge in his order also blamed GTB Hospital for neglecting the victim's case saying "the hospital (GTB) also absolved itself of negligence when the victim sought medical attention soon after the incident." The nurse was raped by an attendant in September 2003 inside Shanti Mukund Hospital. The accused had pierced her eyes with a motive that she would not be able to identify him. Bureau Report
http://www.zeenews.com/znnew/articles.asp?aid=335196&sid=REG
Thursday, November 09, 2006
Court flays minor girls' detention
Madras High Court sets Juvenile Justice Board order
One of detenus has a 30-days-old child and lives with HIV/AIDS
CHENNAI :The Hindu November 7 Flaying a Juvenile Justice Board order detaining two minor girls for three years under the Immoral Traffic (Prevention) Act, the Madras High Court set aside the order on Monday saying the order showed non-application of mind. The First Bench, comprising Chief Justice A.P. Shah and Justice K. Chandru, was passing orders on a taken up writ petition, relating to the conditions of Government vigilance and shelter homes in Tamil Nadu.
The two girls, found guilty of "soliciting," were housed at the Government Vigilance Home in Mylapore, Chennai. Their plight came to light after a visit by S. Vimala, Director of the Tamil Nadu State Judicial Academy.
While one of the detenus has a six-month-old child, the other has a one-month-old child and was living with HIV/AIDS. Two service organisations — CHES and Manushya -- had informed the court that they would accommodate the victims and take all necessary steps for their treatment, reintegration and rehabilitation. The victims had expressed readiness to undergo rehabilitation training. G.M. Akbar Ali, Member-Secretary of the Tamil Nadu State Legal Services Authority, had filed a report in the court stating that there was no reason for the detention of the two juveniles, "who cannot be strictly treated as accused under any of the provisions of the Immoral Traffic (Prevention) Act."
The judges also asked Mr. Akbar Ali to take necessary steps to coordinate with the State Legal Service Authority of Andhra Pradesh, Karnataka and Maharashtra to ensure the repatriation of other inmates who expressed a desire to go home. The Bench also expressed concern at Ms. Vimala's finding that no steps had been taken by the authorities for the reintegration and rehabilitation of the victims, and that the victims were kept in continued detention "without any inquiry and without any basis." The judges said: "It is highly deplorable and heart-rending to note that many poverty-stricken children and girls in the prime of youth are taken to flesh market and forcibly pushed into the flesh trade, which is carried out in utter violation of all canons of morality, decency and dignity of humankind."
Referring to the alarming increase in human trafficking, the Bench said, "the right against exploitation is a fundamental right guaranteed by the Constitution of India under Article 23. Trafficking in human beings and beggar and other similar forms of forced labour are prohibited. Any contravention of this provision shall be punishable in accordance with law."
The Bench also asked the Member-Secretary of the Tamil Nadu Legal Services Authority and the Director of the Tamil Nadu State Judicial Academy to jointly inspect all vigilance homes/shelter homes/rescue homes in the State and submit a report in two months.
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One of detenus has a 30-days-old child and lives with HIV/AIDS
CHENNAI :The Hindu November 7 Flaying a Juvenile Justice Board order detaining two minor girls for three years under the Immoral Traffic (Prevention) Act, the Madras High Court set aside the order on Monday saying the order showed non-application of mind. The First Bench, comprising Chief Justice A.P. Shah and Justice K. Chandru, was passing orders on a taken up writ petition, relating to the conditions of Government vigilance and shelter homes in Tamil Nadu.
The two girls, found guilty of "soliciting," were housed at the Government Vigilance Home in Mylapore, Chennai. Their plight came to light after a visit by S. Vimala, Director of the Tamil Nadu State Judicial Academy.
While one of the detenus has a six-month-old child, the other has a one-month-old child and was living with HIV/AIDS. Two service organisations — CHES and Manushya -- had informed the court that they would accommodate the victims and take all necessary steps for their treatment, reintegration and rehabilitation. The victims had expressed readiness to undergo rehabilitation training. G.M. Akbar Ali, Member-Secretary of the Tamil Nadu State Legal Services Authority, had filed a report in the court stating that there was no reason for the detention of the two juveniles, "who cannot be strictly treated as accused under any of the provisions of the Immoral Traffic (Prevention) Act."
The judges also asked Mr. Akbar Ali to take necessary steps to coordinate with the State Legal Service Authority of Andhra Pradesh, Karnataka and Maharashtra to ensure the repatriation of other inmates who expressed a desire to go home. The Bench also expressed concern at Ms. Vimala's finding that no steps had been taken by the authorities for the reintegration and rehabilitation of the victims, and that the victims were kept in continued detention "without any inquiry and without any basis." The judges said: "It is highly deplorable and heart-rending to note that many poverty-stricken children and girls in the prime of youth are taken to flesh market and forcibly pushed into the flesh trade, which is carried out in utter violation of all canons of morality, decency and dignity of humankind."
Referring to the alarming increase in human trafficking, the Bench said, "the right against exploitation is a fundamental right guaranteed by the Constitution of India under Article 23. Trafficking in human beings and beggar and other similar forms of forced labour are prohibited. Any contravention of this provision shall be punishable in accordance with law."
The Bench also asked the Member-Secretary of the Tamil Nadu Legal Services Authority and the Director of the Tamil Nadu State Judicial Academy to jointly inspect all vigilance homes/shelter homes/rescue homes in the State and submit a report in two months.
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Tuesday, November 07, 2006
Cops get tougher on illegal aliens
346 Bangladeshis using city as safe haven deported
Smita Nair & Stavan Desai
Indian Express , Mumbai, November 6:
Pakistani nationals coming into the country through Mumbai as legitimate passengers and then disappearing, illegal migrants from Bangladesh showing up in police investigations into recent terror attacks—it’s only natural that Mumbai police’s prime focus is now on illegal aliens who are using the city as a safe haven. The result is a systematic crackdown on the orders of anti terrorist squad (ATS) chief K P Raghuvanshi and police commissioner A N Roy. “This was always a problem, but after the 7/11 blasts we have stepped up vigil. We are taking preventive measures, too,” said Raghuvanshi.
According to the statistics available with the Mumbai police, so far in 2006, of the 501 Bangladeshis arrested till October, 346 have been deported. In 2004 and 2005, 701 Bangladeshis were deported. But the challenge for the police is the fact that illegal migrants keep coming back and at times they are the same ones who were deported a year or two before. This, police say, is because of the porous India-Bangladesh border. The special branch is making round-the-clock checks at various arrival points and well-known areas of the city. Among the 16 people arrested by the ATS so far for their alleged involvement in 7/11 blasts, at least two—Kamal Ansari and Mohammed Majid—are known to have escorted the terrorists to Mumbai after helping the them cross the border.
Last year, when the special branch arrested an illegal Bangladeshi migrant, 25-year-old Shabia Mohammed, her defence was: “I am poor and the city gives me money.” Days later, she was deported to Bangladesh. But during a raid last month, the special branch wasn’t surprised to find her in their net—this time, she had changed her name to Bilkis Bano.
“This is a common practice,” says Roy. “Sometimes these Bangladeshis reach Mumbai even before the police escort who is sent to deport them is able to come back from Bangladesh.”
The issue is of a “porous border”, reiterated inspector Vishwanath Satam of special branch. While areas like Raey Road, P D Mello Road, Sakinaka, Govandi, Dongri and Wadala are the traditional hotspots, investigators say “they (illegal migrants) are all over, having shifted to Mira Road and Thane districts.” So well entrenched are the migrants, that most come up fake passports, ration cards and voter ID cards when confronted during a raid. “Repetitive arrests have made them smart. They ensure that paper work is complete. Sometimes, it does not even take more than Rs 100 to get a fake ration card,” says special branch officer. Thankfully, a supreme court judgment strengthens the investigators’ case: only a birth certificate can be ascertained as a legal document in such cases. “Also, we do not have a national identity card which would have solved matters once and for all,” adds Roy.
Smita Nair & Stavan Desai
Indian Express , Mumbai, November 6:
Pakistani nationals coming into the country through Mumbai as legitimate passengers and then disappearing, illegal migrants from Bangladesh showing up in police investigations into recent terror attacks—it’s only natural that Mumbai police’s prime focus is now on illegal aliens who are using the city as a safe haven. The result is a systematic crackdown on the orders of anti terrorist squad (ATS) chief K P Raghuvanshi and police commissioner A N Roy. “This was always a problem, but after the 7/11 blasts we have stepped up vigil. We are taking preventive measures, too,” said Raghuvanshi.
According to the statistics available with the Mumbai police, so far in 2006, of the 501 Bangladeshis arrested till October, 346 have been deported. In 2004 and 2005, 701 Bangladeshis were deported. But the challenge for the police is the fact that illegal migrants keep coming back and at times they are the same ones who were deported a year or two before. This, police say, is because of the porous India-Bangladesh border. The special branch is making round-the-clock checks at various arrival points and well-known areas of the city. Among the 16 people arrested by the ATS so far for their alleged involvement in 7/11 blasts, at least two—Kamal Ansari and Mohammed Majid—are known to have escorted the terrorists to Mumbai after helping the them cross the border.
Last year, when the special branch arrested an illegal Bangladeshi migrant, 25-year-old Shabia Mohammed, her defence was: “I am poor and the city gives me money.” Days later, she was deported to Bangladesh. But during a raid last month, the special branch wasn’t surprised to find her in their net—this time, she had changed her name to Bilkis Bano.
“This is a common practice,” says Roy. “Sometimes these Bangladeshis reach Mumbai even before the police escort who is sent to deport them is able to come back from Bangladesh.”
The issue is of a “porous border”, reiterated inspector Vishwanath Satam of special branch. While areas like Raey Road, P D Mello Road, Sakinaka, Govandi, Dongri and Wadala are the traditional hotspots, investigators say “they (illegal migrants) are all over, having shifted to Mira Road and Thane districts.” So well entrenched are the migrants, that most come up fake passports, ration cards and voter ID cards when confronted during a raid. “Repetitive arrests have made them smart. They ensure that paper work is complete. Sometimes, it does not even take more than Rs 100 to get a fake ration card,” says special branch officer. Thankfully, a supreme court judgment strengthens the investigators’ case: only a birth certificate can be ascertained as a legal document in such cases. “Also, we do not have a national identity card which would have solved matters once and for all,” adds Roy.
CHILDREN AND THE LAW
THE INSULATED AND THE DAMNED
The Tehelka, Nov 11,06 Sanjay DubeyNew Delhi
Six years after the Juvenile Justice Act was passed, it is a dead letter for all practical purposes. Children suspected of crimes face a harrowing ordeal
The Juvenile Justice Act (JJA) is a solemn promise by the present to the future. Those who are charged with the statutory duty must not fail,” the Patna High Court declared in 1989. However, as even a cursory comparison of the provisions of the act with the experience of juvenile accused and undertrials in Delhi shows, the reality on the ground does not match up to the lofty pronouncements of the high court.
www.tehelka.com/story_main20.asp? filename=Ne1021200Childhoods_SR.asp
The Tehelka, Nov 11,06 Sanjay DubeyNew Delhi
Six years after the Juvenile Justice Act was passed, it is a dead letter for all practical purposes. Children suspected of crimes face a harrowing ordeal
The Juvenile Justice Act (JJA) is a solemn promise by the present to the future. Those who are charged with the statutory duty must not fail,” the Patna High Court declared in 1989. However, as even a cursory comparison of the provisions of the act with the experience of juvenile accused and undertrials in Delhi shows, the reality on the ground does not match up to the lofty pronouncements of the high court.
www.tehelka.com/story_main20.asp? filename=Ne1021200Childhoods_SR.asp
Send rescued kids home: HC to govt
Lack of rehabilitation mechanism a month after child labour ban “classic case of apathy”: Court
Tanu Sharma
New Delhi, November 7 Indian Express (Delhi News Line)
Almost a month after the ban on child labour came into force, Delhi High Court rapped the State Government for the “absence” of any mechanism to send the children rescued from different factories back to their homes in different states.
Terming it as a “classic case of apathy”, the Bench of acting Chief Justice Vijender Jain and Justice Kailash Gambhir noted how the state government had rescued many children “but no effective mechanism has been put in place for the rescued children to send them back to their parents in their respective states”.
The Court also regretted the fact that despite its orders of fining the employers of such children a sum of Rs 20,000, the direction had “not been set into motion” yet. “The net result is that when the children are rescued they are put in a children’s home and thereafter nobody is taking any care of them,” said the judges. The Bench also directed the State Labour Department to send back the rescued children to their parents “without waiting for the certificate of the SDM till the mechanism as agreed at the Ranchi Meeting is put into force”. Thereafter, they pointed out, it will be the obligation of the respective State Governments to take the children back to their respective homes. The directive came in response to a PIL filed by an NGO, Social Jurist, that highlighted how 425 children rescued from zari factories in Zafarabad were simply handed over to so-called relatives or parents by the Child Welfare Committees. Worse, nine of the children, all belonging to Bihar, who were rescued in subsequent raids in October 2006 are still languishing in the government’s children home at Lajpat Nagar. Appearing before the Court, Piyush Sharma, Joint Labour Commissioner-cum-Joint Secretary (Labour), apprised the judges about the decision taken at the meeting that was recently held between the representatives of Delhi, Jharkhand, Bihar and West Bengal.
The Bench also ordered the state government to immediately implement the Supreme Court’s directive of taking money from the employers of child labour “which can be used for the rehabilitation of the children.” A compliance report in this regard will be filed before the next date.
http://cities.expressindia.com/fullstory.php?newsid=208421
Tanu Sharma
New Delhi, November 7 Indian Express (Delhi News Line)
Almost a month after the ban on child labour came into force, Delhi High Court rapped the State Government for the “absence” of any mechanism to send the children rescued from different factories back to their homes in different states.
Terming it as a “classic case of apathy”, the Bench of acting Chief Justice Vijender Jain and Justice Kailash Gambhir noted how the state government had rescued many children “but no effective mechanism has been put in place for the rescued children to send them back to their parents in their respective states”.
The Court also regretted the fact that despite its orders of fining the employers of such children a sum of Rs 20,000, the direction had “not been set into motion” yet. “The net result is that when the children are rescued they are put in a children’s home and thereafter nobody is taking any care of them,” said the judges. The Bench also directed the State Labour Department to send back the rescued children to their parents “without waiting for the certificate of the SDM till the mechanism as agreed at the Ranchi Meeting is put into force”. Thereafter, they pointed out, it will be the obligation of the respective State Governments to take the children back to their respective homes. The directive came in response to a PIL filed by an NGO, Social Jurist, that highlighted how 425 children rescued from zari factories in Zafarabad were simply handed over to so-called relatives or parents by the Child Welfare Committees. Worse, nine of the children, all belonging to Bihar, who were rescued in subsequent raids in October 2006 are still languishing in the government’s children home at Lajpat Nagar. Appearing before the Court, Piyush Sharma, Joint Labour Commissioner-cum-Joint Secretary (Labour), apprised the judges about the decision taken at the meeting that was recently held between the representatives of Delhi, Jharkhand, Bihar and West Bengal.
The Bench also ordered the state government to immediately implement the Supreme Court’s directive of taking money from the employers of child labour “which can be used for the rehabilitation of the children.” A compliance report in this regard will be filed before the next date.
http://cities.expressindia.com/fullstory.php?newsid=208421
Call for urgent steps to reform police force
CHENNAI: The Hindu 7 Nov 2006
Speakers at a panel discussion here on Sunday called for urgent steps to reform the police force in the wake of the Supreme Court's order in September, directing the Union Government and States to make police administration autonomous. The meeting, organised by the Citizens' Alliance for Good Governance, called upon the people to urge Members of Legislative Assembly and the Chief Minister for taking steps to establish the mechanisms, as stated in the order, by the end of this year.
Era Sezhiyan, former Member of Parliament, said no number of laws would be useful unless the people were vigilant; it was for the public to protect democracy. The recommendation of the National Police Commission (1977-1981) that law and order be separated from investigation was not implemented. V.R. Lakshmi Narayanan, former Director-General of Police, said the existing laws should first be implemented seriously to improve the functioning of the police department.
Already, a plethora of institutions functioned to oversee the working of the police, and they should be allowed to perform their duties. It would suffice if there were State-level institutions for monitoring the functioning of the police. "Take politicians off our back," he said.
Naga Saila, president of the Chennai unit of the People's Union for Civil Liberties (Tamil Nadu and Pondicherry), said the police reforms had to be seen positively. When new institutions were created, independence of the existing institutions should remain intact.
Transparency and accountability in the policing should be ensured. Open house sessions between police officers and activists should be made mandatory, as in the case of gram sabhas. There should be public evaluation of the working of the police personnel, and it should be made a criteria for increment or promotions.
N.L. Rajah, advocate, Madras High Court, explained the salient features of the Supreme Court order and said the enactment of new laws should be preceded by informed debates.
V. Suresh, president of the PUCL, Tamil Nadu and Pondicherry, said the court order stated that till the laws were created, its directives should be implemented.
R.K. Raghavan, former Director of the Central Bureau of Investigation, said that as the constabulary constituted the bulk of the force, its quality should be enhanced.
Steps had been taken, and the composition of constabulary had changed in recent years.
A.K. Venkat Subramanian, spokesman of the Citizens' Alliance, said social will should prevail over political will in implementing police reforms.
Speakers at a panel discussion here on Sunday called for urgent steps to reform the police force in the wake of the Supreme Court's order in September, directing the Union Government and States to make police administration autonomous. The meeting, organised by the Citizens' Alliance for Good Governance, called upon the people to urge Members of Legislative Assembly and the Chief Minister for taking steps to establish the mechanisms, as stated in the order, by the end of this year.
Era Sezhiyan, former Member of Parliament, said no number of laws would be useful unless the people were vigilant; it was for the public to protect democracy. The recommendation of the National Police Commission (1977-1981) that law and order be separated from investigation was not implemented. V.R. Lakshmi Narayanan, former Director-General of Police, said the existing laws should first be implemented seriously to improve the functioning of the police department.
Already, a plethora of institutions functioned to oversee the working of the police, and they should be allowed to perform their duties. It would suffice if there were State-level institutions for monitoring the functioning of the police. "Take politicians off our back," he said.
Naga Saila, president of the Chennai unit of the People's Union for Civil Liberties (Tamil Nadu and Pondicherry), said the police reforms had to be seen positively. When new institutions were created, independence of the existing institutions should remain intact.
Transparency and accountability in the policing should be ensured. Open house sessions between police officers and activists should be made mandatory, as in the case of gram sabhas. There should be public evaluation of the working of the police personnel, and it should be made a criteria for increment or promotions.
N.L. Rajah, advocate, Madras High Court, explained the salient features of the Supreme Court order and said the enactment of new laws should be preceded by informed debates.
V. Suresh, president of the PUCL, Tamil Nadu and Pondicherry, said the court order stated that till the laws were created, its directives should be implemented.
R.K. Raghavan, former Director of the Central Bureau of Investigation, said that as the constabulary constituted the bulk of the force, its quality should be enhanced.
Steps had been taken, and the composition of constabulary had changed in recent years.
A.K. Venkat Subramanian, spokesman of the Citizens' Alliance, said social will should prevail over political will in implementing police reforms.
The right to food
The right to food
Biraj Patnaik
06 November 2006
In recent years, the battle against hunger has been placed at the centre of the development discourse in India. This has come about mainly due to the efforts of the Right to Food Campaign and as a direct result of a writ petition filed in the Supreme Court of India. The petition was filed by the People’s Union for Civil Liberties in April 2001 to seek legal enforcement of the right to food. This case, popularly known as the Right to Food Case, has since become a rallying point for trade unions, activists, grassroots organisations and NGOs to make the right to food a justiciable right. While the Indian Constitution does not explicitly mention the right to food as a fundamental right, it is implicitly enshrined in Article 21 of the Constitution as the fundamental right to life of every Indian citizen. Article 47 of the Constitution (in the Directive Principles of State Policy) is unambiguous: “The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties…” The Indian judiciary, especially the Supreme Court, has on many occasions reaffirmed that the “right to life enshrined in Article 21 means something more than animal instinct and includes the right to live with dignity; it would include all these aspects which make life meaningful, complete and living” (Maneka Gandhi vs Union of India AIR 1978 SC 597). Other statutory constitutional institutions like the National Human Rights Commission (NHRC) have also stated: “There is a fundamental right to be free from hunger” (January 17, 2003). Despite this, India continues to be the site of the most unconscionable levels of chronic hunger and deprivation. Child malnutrition levels in India (46%; height for age data) have consistently been higher than those of even Sub-Saharan Africa and of countries with lower rates of economic growth like neighbouring Bangladesh (45%). The National Nutrition Monitoring Bureau (conducted by the National Institute of Nutrition, Indian Council for Medical Research) estimates that nearly 40% of the adult population in India has a Body Mass Index of less than 18.5, which implies chronic energy deficiency of epic proportions, bordering on a national humanitarian crisis. It is in this context that Indian planners have, over the post-independence decades, put in place some of the biggest food security programmes in the world.
The schemes can be broadly divided into four categories: Entitlement feeding (Integrated Child Development Services [ICDS], Mid-Day Meal Scheme [MDMS]) Food subsidy programmes (targeted Public Distribution System [PDS] including Antyodaya and Annapurna Yojana) Employment programmes (National Rural Employment Guarantee Act [NREGA], Sampoorna Grameen Rozgar Yojana, National Food for Work Programme, Rashtriya Sam Vikas Yojana) Social security programmes (National Maternity Benefit Scheme, National Old Age Pension Scheme and National Family Benefit Scheme). These are comprehensive programmes that address the nutritional needs of a person from the time of birth through to old age. The ICDS seeks to take care of the nutritional challenges faced by infants and young children (0-6 years) and pregnant women, nursing mothers and adolescent girls; the MDMS provides meals to all primary school children; the targeted PDS provides subsidised grain to families below the poverty line; the NREGA provides 100 days of employment in 200 districts (to begin with); the social assistance programmes cover the aged who are left out of the social security net. For decades, these programmes have succeeded in preventing the kind of large-scale famines that occurred in the years before independence (such as the Bengal famine of 1943). Yet they have been unable to substantively address the problem of chronic hunger. This is not only because of gaps in implementation, but also because, as many activists argue, they do not provide for sustainable and lasting livelihood options. The problem is compounded by the fact that concerted efforts have been lacking, except in a few states like West Bengal, to undertake land reforms, give communities rights over natural resources, and address the structural causes of poverty. Caste and gender discrimination have also been major contributing factors. On the contrary, the last two decades have witnessed an unprecedented alienation of indigenous people and other marginalised communities from their land and other natural resources; displacement due to industrial projects and large dams in rural areas; and fundamental changes in the nature of poverty with unbridled urbanisation and the disenfranchisement of large sections of urban populations. Global pressures on the Indian economy and the pursuit of deflationary, neo-liberal policies by successive governments from the early-1990s have abetted in this pauperisation of millions of Indians.
The importance of the Right to Food Case has to be viewed in this macro-context. Therefore interventions by the Supreme Court through interim orders in this case become critical. The Right to Food Case is perhaps the longest continuing mandamus in the world on this issue. It is also one of the largest and most complex litigations involving a wide range of state and civil society actors in India. More than 400 affidavits have been filed so far; over 60 interim applications have been submitted and 47 interim orders have been passed by the SC in this case over the last five years. The Supreme Court and the right to food In an interim order on November 28, 2001, the Supreme Court converted most food and employment-related schemes into “legal entitlements”. This also implies that the Government of India and state governments cannot change these schemes without the permission of the SC till the final judgment is passed in this case. The campaign hopes that this case will culminate in the right to food becoming a fundamental right that can be made justiciable in any court of law in the country. The interim orders of the SC reflect the growing complexity of the case and the diverse issues being covered. The orders on universalising access to food, especially for children—related to mid-day meals and the ICDS—have been landmarks. On November 28, 2001, the Supreme Court directed state and central governments to universalise the mid-day meals and provide hot, cooked meals to all primary school children in India. The interim order also universalised the ICDS programme, making it mandatory for government to provide supplementary nutrition and the other five services under the ICDS to all children below the age of six, all pregnant women and nursing mothers and adolescent girls. The NREGA emerged out of a separate process of political mobilisation involving a wider range of people outside the Right to Food Campaign, but the environment created by the Right to Food Case facilitated the emergence of the NREGA. Detailed orders have been passed from time to time on some of the schemes, but the PDS has not yet been universalised, nor have many other schemes that come within the purview of this case. The order on the ICDS illustrates the nature of the interim orders. This order explicitly stated that: “We direct the State Governments/Union territories to implement the Integrated Child Development Scheme (ICDS) in full and to ensure that every ICDS disbursing centre in the country shall provide as under: Each child up to 6 years of age to get 300 calories and 8-10 grams of protein Each adolescent girl to get 500 calories and 20-25 grams of protein Each pregnant woman and each nursing mother to get 500 calories and 20-25 grams of protein Each malnourished child to get 600 calories and 16-20 grams of protein Have a disbursement centre in every settlement. ” When the state and central governments did not comply, the SC was compelled to pass further orders on October 7, 2004, directing the Government of India to increase the number of ICDS centres to cover 14 lakh habitations. This would mean starting at least 7 lakh additional centres as a minimum requirement to universalise the ICDS. The same order recommended the increase of the allocation of “rupees one per child per day” to “rupees two per child per day”, with the central and state governments contributing one rupee each. The same interim order also directed the government to make “earnest effort to cover the slums under ICDS” and ensure that all SC/ST habitations got an anganwadi “as early as possible”. The SC also categorically banned the use of contractors for providing supplementary nutrition and directed the Government of India and all states and union territories to use local women’s self-help groups and mahila mandals to supply the supplementary food distributed in anganwadi centres. Similar detailed interim orders have been passed for virtually every scheme that falls in the ambit of the case. The scope of judicial intervention on the right to food has thus been considerably enhanced through the interventions of the Supreme Court. Simultaneously, the campaigners and individual citizens have started approaching High Courts across the country on matters related to the right to food and the lack of compliance by state governments with the interim orders of the SC. Having secured significant policy changes at the national level, the focus has moved to legal interventions on implementation.
In an interim order of October 29, 2002, the SC had directed that the “Chief Secretaries” of the concerned states would be held responsible for any persistent default in compliance with orders. This had led to some ambiguity, with the Delhi and Rajasthan High Courts refusing to entertain petitions pertaining to violations at the state level since the SC was monitoring the schemes. In another order, the SC invoked the procedure of the DK Basu protocol for the right to food and stated that: "Failure to comply with the requirements herein above mentioned shall apart from rendering the official concerned liable for departmental action also render him liable to be punished for contempt of court and the proceedings for contempt of court may be instituted in any High Court of the country having territorial jurisdiction over the matter." The status of the interim orders In an interim order of May 8, 2002, the SC also put in place an independent mechanism—the Commissioners of the Supreme Court—to ensure compliance by the state and central government with the orders of the court. This is not the first time the SC has put in place such a mechanism, but it is the first instance in the context of the right to food. The Commissioners submit bi-annual reports to the SC. Six reports highlighting non-compliance, structural issues regarding hunger, and the hurdles in implementation have been submitted to the SC so far. The SC then asks the state and central governments to respond to the issues raised by the Commissioners. The Commissioners are also empowered to move contempt of court charges against chief secretaries and other senior state/ central government officials when the non-compliance is wilful and deliberate. The Commissioners have appointed Joint Commissions of Enquiry (JCEs) with representatives nominated both by the Commissioners and the government, to enquire into charges of malfeasance by government officials in food schemes. JCEs have been commissioned in Chhattisgarh, Assam, West Bengal and Madhya Pradesh. These enquiries have led to the dismissal of a few officials, departmental enquiries against some, and suspension from service for others. They have also led to grievances about the implementation of food schemes being addressed. The Commissioners operate through a network of honorary state and national advisers to monitor the progress of the food schemes, suggest reforms in the laws, policies and programmes pertaining to the Right to Food, and, wherever necessary, get directions from the SC and have action taken against erring state/ central government officials. In the five years since the Right to Food Case was admitted in the Supreme Court, many milestones have been achieved, but the journey ahead is much longer than the path traversed so far. For example, the interim orders have resulted in the Government of India sanctioning 1.88 lakh additional ICDS centres so far, with a sanction of another lakh expected soon. At the macro level the budget of the ICDS has gone up nearly three times from Rs 1,500 crore in 2003-04 to almost Rs 4,000 crore for 2006-07. Many state governments have been galvanised into action and the ICDS has been the focus of discussions for the National Advisory Committee of the UPA government.
The interim orders on the ICDS have also brought together many sections of civil society. The Hyderabad convention on the Children’s Right to Food and subsequent action by local groups reflect some of the newer forms of mobilisation on this issue. But these significant changes in the ICDS are inadequate when compared to what needs to be done to make the services universal. The Government of India took almost three years to act on the interim orders. Consequently, very few of the 1.88 lakh new anganwadi centres have become operational in the states. Even when the government did act, it chose to contest the figure for making the programme universal. It has still not agreed, as its correspondence with the Commissioners of January 23, 2006 shows, to a minimum of 14 lakh anganwadi centres. After an intervention by the Commissioners, the matter is now sub-judice in the SC. Most state governments continue to retain contractors and have not decentralised the provision of supplementary nutrition to women’s self-help groups despite the unambiguous orders. The battle against the contractor lobby is likely to continue for some time even as they innovate ways to retain their interests in the ICDS. The Commissioners have pointed out in a note to the SC, discussed at the July 17 hearing at the SC, that the new norms proposed by the Government of India in fact go against the principle of decentralisation. Despite the odds, the Commissioners office and the legal team have got the overwhelming support of civil society organisations. This support adds strength to their intervention and it is special because working on the details of government programmes has not been a significant area of work for many of these organisations. Compliance with SC orders has been strongest where local mobilisation has been successful. This has reaffirmed the limited role that legal action on its own can play in securing rights. It has also re-established the strength of mobilising people to assert their rights. The right to food is a political issue that can be resolved only through political means and will not lend itself only to a legal solution. However, this case has also established the ways in which the law can be a facilitator and a catalyst. This, amongst others, may be one of the lasting contributions that the Right to Food Campaign in India will make to the rights discourse in India.
(Biraj Patnaik is the Principal Adviser to the Commissioners of the Supreme Court. The views expressed in this article are his own and do not reflect the formal position of the Office of the Commissioners or the Right to Food Campaign.) Source: Info Change More
Biraj Patnaik
06 November 2006
In recent years, the battle against hunger has been placed at the centre of the development discourse in India. This has come about mainly due to the efforts of the Right to Food Campaign and as a direct result of a writ petition filed in the Supreme Court of India. The petition was filed by the People’s Union for Civil Liberties in April 2001 to seek legal enforcement of the right to food. This case, popularly known as the Right to Food Case, has since become a rallying point for trade unions, activists, grassroots organisations and NGOs to make the right to food a justiciable right. While the Indian Constitution does not explicitly mention the right to food as a fundamental right, it is implicitly enshrined in Article 21 of the Constitution as the fundamental right to life of every Indian citizen. Article 47 of the Constitution (in the Directive Principles of State Policy) is unambiguous: “The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties…” The Indian judiciary, especially the Supreme Court, has on many occasions reaffirmed that the “right to life enshrined in Article 21 means something more than animal instinct and includes the right to live with dignity; it would include all these aspects which make life meaningful, complete and living” (Maneka Gandhi vs Union of India AIR 1978 SC 597). Other statutory constitutional institutions like the National Human Rights Commission (NHRC) have also stated: “There is a fundamental right to be free from hunger” (January 17, 2003). Despite this, India continues to be the site of the most unconscionable levels of chronic hunger and deprivation. Child malnutrition levels in India (46%; height for age data) have consistently been higher than those of even Sub-Saharan Africa and of countries with lower rates of economic growth like neighbouring Bangladesh (45%). The National Nutrition Monitoring Bureau (conducted by the National Institute of Nutrition, Indian Council for Medical Research) estimates that nearly 40% of the adult population in India has a Body Mass Index of less than 18.5, which implies chronic energy deficiency of epic proportions, bordering on a national humanitarian crisis. It is in this context that Indian planners have, over the post-independence decades, put in place some of the biggest food security programmes in the world.
The schemes can be broadly divided into four categories: Entitlement feeding (Integrated Child Development Services [ICDS], Mid-Day Meal Scheme [MDMS]) Food subsidy programmes (targeted Public Distribution System [PDS] including Antyodaya and Annapurna Yojana) Employment programmes (National Rural Employment Guarantee Act [NREGA], Sampoorna Grameen Rozgar Yojana, National Food for Work Programme, Rashtriya Sam Vikas Yojana) Social security programmes (National Maternity Benefit Scheme, National Old Age Pension Scheme and National Family Benefit Scheme). These are comprehensive programmes that address the nutritional needs of a person from the time of birth through to old age. The ICDS seeks to take care of the nutritional challenges faced by infants and young children (0-6 years) and pregnant women, nursing mothers and adolescent girls; the MDMS provides meals to all primary school children; the targeted PDS provides subsidised grain to families below the poverty line; the NREGA provides 100 days of employment in 200 districts (to begin with); the social assistance programmes cover the aged who are left out of the social security net. For decades, these programmes have succeeded in preventing the kind of large-scale famines that occurred in the years before independence (such as the Bengal famine of 1943). Yet they have been unable to substantively address the problem of chronic hunger. This is not only because of gaps in implementation, but also because, as many activists argue, they do not provide for sustainable and lasting livelihood options. The problem is compounded by the fact that concerted efforts have been lacking, except in a few states like West Bengal, to undertake land reforms, give communities rights over natural resources, and address the structural causes of poverty. Caste and gender discrimination have also been major contributing factors. On the contrary, the last two decades have witnessed an unprecedented alienation of indigenous people and other marginalised communities from their land and other natural resources; displacement due to industrial projects and large dams in rural areas; and fundamental changes in the nature of poverty with unbridled urbanisation and the disenfranchisement of large sections of urban populations. Global pressures on the Indian economy and the pursuit of deflationary, neo-liberal policies by successive governments from the early-1990s have abetted in this pauperisation of millions of Indians.
The importance of the Right to Food Case has to be viewed in this macro-context. Therefore interventions by the Supreme Court through interim orders in this case become critical. The Right to Food Case is perhaps the longest continuing mandamus in the world on this issue. It is also one of the largest and most complex litigations involving a wide range of state and civil society actors in India. More than 400 affidavits have been filed so far; over 60 interim applications have been submitted and 47 interim orders have been passed by the SC in this case over the last five years. The Supreme Court and the right to food In an interim order on November 28, 2001, the Supreme Court converted most food and employment-related schemes into “legal entitlements”. This also implies that the Government of India and state governments cannot change these schemes without the permission of the SC till the final judgment is passed in this case. The campaign hopes that this case will culminate in the right to food becoming a fundamental right that can be made justiciable in any court of law in the country. The interim orders of the SC reflect the growing complexity of the case and the diverse issues being covered. The orders on universalising access to food, especially for children—related to mid-day meals and the ICDS—have been landmarks. On November 28, 2001, the Supreme Court directed state and central governments to universalise the mid-day meals and provide hot, cooked meals to all primary school children in India. The interim order also universalised the ICDS programme, making it mandatory for government to provide supplementary nutrition and the other five services under the ICDS to all children below the age of six, all pregnant women and nursing mothers and adolescent girls. The NREGA emerged out of a separate process of political mobilisation involving a wider range of people outside the Right to Food Campaign, but the environment created by the Right to Food Case facilitated the emergence of the NREGA. Detailed orders have been passed from time to time on some of the schemes, but the PDS has not yet been universalised, nor have many other schemes that come within the purview of this case. The order on the ICDS illustrates the nature of the interim orders. This order explicitly stated that: “We direct the State Governments/Union territories to implement the Integrated Child Development Scheme (ICDS) in full and to ensure that every ICDS disbursing centre in the country shall provide as under: Each child up to 6 years of age to get 300 calories and 8-10 grams of protein Each adolescent girl to get 500 calories and 20-25 grams of protein Each pregnant woman and each nursing mother to get 500 calories and 20-25 grams of protein Each malnourished child to get 600 calories and 16-20 grams of protein Have a disbursement centre in every settlement. ” When the state and central governments did not comply, the SC was compelled to pass further orders on October 7, 2004, directing the Government of India to increase the number of ICDS centres to cover 14 lakh habitations. This would mean starting at least 7 lakh additional centres as a minimum requirement to universalise the ICDS. The same order recommended the increase of the allocation of “rupees one per child per day” to “rupees two per child per day”, with the central and state governments contributing one rupee each. The same interim order also directed the government to make “earnest effort to cover the slums under ICDS” and ensure that all SC/ST habitations got an anganwadi “as early as possible”. The SC also categorically banned the use of contractors for providing supplementary nutrition and directed the Government of India and all states and union territories to use local women’s self-help groups and mahila mandals to supply the supplementary food distributed in anganwadi centres. Similar detailed interim orders have been passed for virtually every scheme that falls in the ambit of the case. The scope of judicial intervention on the right to food has thus been considerably enhanced through the interventions of the Supreme Court. Simultaneously, the campaigners and individual citizens have started approaching High Courts across the country on matters related to the right to food and the lack of compliance by state governments with the interim orders of the SC. Having secured significant policy changes at the national level, the focus has moved to legal interventions on implementation.
In an interim order of October 29, 2002, the SC had directed that the “Chief Secretaries” of the concerned states would be held responsible for any persistent default in compliance with orders. This had led to some ambiguity, with the Delhi and Rajasthan High Courts refusing to entertain petitions pertaining to violations at the state level since the SC was monitoring the schemes. In another order, the SC invoked the procedure of the DK Basu protocol for the right to food and stated that: "Failure to comply with the requirements herein above mentioned shall apart from rendering the official concerned liable for departmental action also render him liable to be punished for contempt of court and the proceedings for contempt of court may be instituted in any High Court of the country having territorial jurisdiction over the matter." The status of the interim orders In an interim order of May 8, 2002, the SC also put in place an independent mechanism—the Commissioners of the Supreme Court—to ensure compliance by the state and central government with the orders of the court. This is not the first time the SC has put in place such a mechanism, but it is the first instance in the context of the right to food. The Commissioners submit bi-annual reports to the SC. Six reports highlighting non-compliance, structural issues regarding hunger, and the hurdles in implementation have been submitted to the SC so far. The SC then asks the state and central governments to respond to the issues raised by the Commissioners. The Commissioners are also empowered to move contempt of court charges against chief secretaries and other senior state/ central government officials when the non-compliance is wilful and deliberate. The Commissioners have appointed Joint Commissions of Enquiry (JCEs) with representatives nominated both by the Commissioners and the government, to enquire into charges of malfeasance by government officials in food schemes. JCEs have been commissioned in Chhattisgarh, Assam, West Bengal and Madhya Pradesh. These enquiries have led to the dismissal of a few officials, departmental enquiries against some, and suspension from service for others. They have also led to grievances about the implementation of food schemes being addressed. The Commissioners operate through a network of honorary state and national advisers to monitor the progress of the food schemes, suggest reforms in the laws, policies and programmes pertaining to the Right to Food, and, wherever necessary, get directions from the SC and have action taken against erring state/ central government officials. In the five years since the Right to Food Case was admitted in the Supreme Court, many milestones have been achieved, but the journey ahead is much longer than the path traversed so far. For example, the interim orders have resulted in the Government of India sanctioning 1.88 lakh additional ICDS centres so far, with a sanction of another lakh expected soon. At the macro level the budget of the ICDS has gone up nearly three times from Rs 1,500 crore in 2003-04 to almost Rs 4,000 crore for 2006-07. Many state governments have been galvanised into action and the ICDS has been the focus of discussions for the National Advisory Committee of the UPA government.
The interim orders on the ICDS have also brought together many sections of civil society. The Hyderabad convention on the Children’s Right to Food and subsequent action by local groups reflect some of the newer forms of mobilisation on this issue. But these significant changes in the ICDS are inadequate when compared to what needs to be done to make the services universal. The Government of India took almost three years to act on the interim orders. Consequently, very few of the 1.88 lakh new anganwadi centres have become operational in the states. Even when the government did act, it chose to contest the figure for making the programme universal. It has still not agreed, as its correspondence with the Commissioners of January 23, 2006 shows, to a minimum of 14 lakh anganwadi centres. After an intervention by the Commissioners, the matter is now sub-judice in the SC. Most state governments continue to retain contractors and have not decentralised the provision of supplementary nutrition to women’s self-help groups despite the unambiguous orders. The battle against the contractor lobby is likely to continue for some time even as they innovate ways to retain their interests in the ICDS. The Commissioners have pointed out in a note to the SC, discussed at the July 17 hearing at the SC, that the new norms proposed by the Government of India in fact go against the principle of decentralisation. Despite the odds, the Commissioners office and the legal team have got the overwhelming support of civil society organisations. This support adds strength to their intervention and it is special because working on the details of government programmes has not been a significant area of work for many of these organisations. Compliance with SC orders has been strongest where local mobilisation has been successful. This has reaffirmed the limited role that legal action on its own can play in securing rights. It has also re-established the strength of mobilising people to assert their rights. The right to food is a political issue that can be resolved only through political means and will not lend itself only to a legal solution. However, this case has also established the ways in which the law can be a facilitator and a catalyst. This, amongst others, may be one of the lasting contributions that the Right to Food Campaign in India will make to the rights discourse in India.
(Biraj Patnaik is the Principal Adviser to the Commissioners of the Supreme Court. The views expressed in this article are his own and do not reflect the formal position of the Office of the Commissioners or the Right to Food Campaign.) Source: Info Change More
Monday, November 06, 2006
`Trafficking of women from Assam on the rise'
By Sushanta Talukdar ,The Hindu
Problem low on the list of priorities of police due to law and order problems
Refugees, homeless are easy targets
Guwahati: Every year an average of 250 women and 200 girl children go missing in Assam who, the Assam Police fear, are being trafficked for sexual and labour exploitation to different parts of the country such as Haryana, Punjab, Mumbai, Delhi, Chennai, Goa, Siliguri and Bihar.
This was revealed by Inspector-General of Police, Criminal Investigation Department (CID), Assam Police, G. Bhuyan at the three-day national media consultation on Human Trafficking, HIV/AIDS and Drug Trafficking which began here on Tuesday.
Mr. Bhuyan said that the actual figure of trafficked women and children might be higher as many cases are not reported. He expressed apprehension that the cases of trafficking of women and children from Assam to different parts of the country would go up in the coming days due to various factors such as poverty, structural inequalities, unemployment and intricate relations between demand and supply in the sex market and skewed sex ratio in states such as Punjab and Haryana.
The two-day media consultation was organized by the National Media Coalition in collaboration with the UNIFEM, Shakti Vahini and the Shillong-based Impulse NGO Network to build positive partnership for right based sensitive media reporting on these issues.
Earlier on Tuesday, Chief Minister Tarun Gogoi, who chaired the inaugural session admitted that the problem of trafficking of women and drugs in the state was serious and stressed on the need for concerted efforts by government, law enforcement agencies, media and NGOs to change the mindset of the people and root out this menace.
The senior police official revealed that some of the target areas for trafficking include refugee camps of internally displaced persons due to the ethnic conflict between Bodos and the Adivasis, Char or riverine areas, people affected by flood, erosion, tribal and non-tribal girls from poor families, girls from broken homes and widows.
Mr. Bhuyan said that trafficked women and children were lured into marriage by making a token payment to their parents and then sold off, enticed by "so called recruitment agents who promise jobs in the unorganized sectors" and later sold off, lured to work as models, bar girls, at call centres and pushed into prostitution.
He said that due to preoccupation with counter insurgency operations and high priority for law and order duties, the problem of trafficking had been low in the list of priorities of the Police.
About the anti-trafficking measures initiated by the Assam Police, the IGP said that all district superintendents of police have been asked to ensure that all police stations and outposts under their jurisdiction give special attention to the investigation of crime against women with utmost seriousness. Besides, the police stations have been asked to maintain utmost vigilance at railway stations and bus stops.
Underlining the need for sensitive media reporting on trafficking, executive director of Shakti Vahini, Ravi Kant said trafficking for women from Assam to Punjab and Haryana has been on the rise due to the skewed sex ratio in these two states. In some cases minor girls in batches of four or five who have been trafficked from Assam are openly put up for sale at prices ranging from Rs. 10,000 to Rs. 30,000 in some panchayats of Haryana, he said. Such girls are known as Paros in Haryana, he added.
Mr. Kant stressed on the need for law enforcement agencies of the states like Haryana, Punjab and Assam to work in close coordination to combat trafficking.
Problem low on the list of priorities of police due to law and order problems
Refugees, homeless are easy targets
Guwahati: Every year an average of 250 women and 200 girl children go missing in Assam who, the Assam Police fear, are being trafficked for sexual and labour exploitation to different parts of the country such as Haryana, Punjab, Mumbai, Delhi, Chennai, Goa, Siliguri and Bihar.
This was revealed by Inspector-General of Police, Criminal Investigation Department (CID), Assam Police, G. Bhuyan at the three-day national media consultation on Human Trafficking, HIV/AIDS and Drug Trafficking which began here on Tuesday.
Mr. Bhuyan said that the actual figure of trafficked women and children might be higher as many cases are not reported. He expressed apprehension that the cases of trafficking of women and children from Assam to different parts of the country would go up in the coming days due to various factors such as poverty, structural inequalities, unemployment and intricate relations between demand and supply in the sex market and skewed sex ratio in states such as Punjab and Haryana.
The two-day media consultation was organized by the National Media Coalition in collaboration with the UNIFEM, Shakti Vahini and the Shillong-based Impulse NGO Network to build positive partnership for right based sensitive media reporting on these issues.
Earlier on Tuesday, Chief Minister Tarun Gogoi, who chaired the inaugural session admitted that the problem of trafficking of women and drugs in the state was serious and stressed on the need for concerted efforts by government, law enforcement agencies, media and NGOs to change the mindset of the people and root out this menace.
The senior police official revealed that some of the target areas for trafficking include refugee camps of internally displaced persons due to the ethnic conflict between Bodos and the Adivasis, Char or riverine areas, people affected by flood, erosion, tribal and non-tribal girls from poor families, girls from broken homes and widows.
Mr. Bhuyan said that trafficked women and children were lured into marriage by making a token payment to their parents and then sold off, enticed by "so called recruitment agents who promise jobs in the unorganized sectors" and later sold off, lured to work as models, bar girls, at call centres and pushed into prostitution.
He said that due to preoccupation with counter insurgency operations and high priority for law and order duties, the problem of trafficking had been low in the list of priorities of the Police.
About the anti-trafficking measures initiated by the Assam Police, the IGP said that all district superintendents of police have been asked to ensure that all police stations and outposts under their jurisdiction give special attention to the investigation of crime against women with utmost seriousness. Besides, the police stations have been asked to maintain utmost vigilance at railway stations and bus stops.
Underlining the need for sensitive media reporting on trafficking, executive director of Shakti Vahini, Ravi Kant said trafficking for women from Assam to Punjab and Haryana has been on the rise due to the skewed sex ratio in these two states. In some cases minor girls in batches of four or five who have been trafficked from Assam are openly put up for sale at prices ranging from Rs. 10,000 to Rs. 30,000 in some panchayats of Haryana, he said. Such girls are known as Paros in Haryana, he added.
Mr. Kant stressed on the need for law enforcement agencies of the states like Haryana, Punjab and Assam to work in close coordination to combat trafficking.
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