RIGHT TO INFORMATION
1. Now, file RTI applications and pay fees online (1)
NEW DELHI: In a step towards greater transparency, the government has started a unique facility of submitting RTI applications and fees online. The portal–www.rtionline.gov.in– has been created with an aim to help people exercise their right to seek information through online medium, said officials in Department of Personnel and Training (DoPT), which acts as nodal department for the implementation of transparency law in the country. An information seeker can submit a fee of Rs 10 via Internet banking through SBI and its associated banks. One can also use credit or debit cards for payment of the fee, they said. “At present, people can file online applications and appeals for information related to the DoPT only. They can also make payment of RTI fee using this platform,” a DoPT official said. The website was launched earlier this week. Through it, RTI applications or first appeals can be filed by Indian citizens only for the main ministries or departments of central government, located at New Delhi. “The government will extend this facility to all its ministries and offices in the national capital by this month end,” the official said. The website will give an individual greater and easier access to government information, the officials said. The Centre’s flagship Right to Information Act, which was enacted in 2005, mandates timely response to citizen requests for government information. One has to pay a fee of Rs 10 for seeking information. (Times of India 12/4/13)
2. Undertrials languishing in AP prisons likely to get RTI help (1)
HYDERABAD: In a move that may provide relief to thousands of undertrials in state jails, the state information commission is planning to direct the government to make public the list of those who are languishing in prisons without trial for a long time, officials said. “We will order the prisons department to immediately make the information on undertrials public under the Right to Information act,” said Jannat Hussain, chief information commissioner. Activists said that this would help thousands of such cases reach fast-track courts and speed up the judicial process. Hussain took the cue from his Maharashtra counterpart who directed the state prisons department to declare the list of undertrials under section 4 (1) (b) of the RTI Act and set a deadline of May 12. According to the section, every government department must give out complete information about itself, including details of its employees and their duties, and update it regularly. In its order, the information commission asked the prisons department to make public the list of undertrials who have completed 50% of the sentence they would get if convicted of their crime. This is in accordance with section 463A of the Criminal Procedure Code (CrPC), which says that the maximum period for which an undertrial can be detained without being released is half of the maximum jail time they would get for the crime for which they are booked. RTI activists in the state said they are hoping that the AP prisons department will also reveal details about undertrials, which has so far been termed as classified information. “There may be many undertrials who are in jail even after finishing 50% of their probable sentence. But there is hardly any information on them,” said activist C J Karira. “Undertrials being denied timely justice is a rampant problem across India,” he added. (Times of India 15/4/13)
3. Court stays part of its order on appointments in information panels (1)
New Delhi: The Supreme Court on Tuesday stayed its direction that only sitting or retired chief justices of High Courts or an apex court judge can head the Central and State Information Commissions. A bench of justices A. K. Patnaik and A.K. Sikri also directed “that wherever a Chief Information Commissioner is of the opinion that intricate questions of law have to be decided in a matter…, he will ensure the matter is heard by a Bench of which at least one member has knowledge and experience in the field of law.” The Bench however, made it clear that during pendency of the pleas challenging its judgment, authorities could continue to fill up the vacant positions in the Information Commissions in accordance with the Right to Information (RTI) Act and its verdict, except the portion which had been stayed. The apex court passed the interim order, saying it would be subject to the outcome of the petitions filed by the Centre and others seeking review of its verdict on appointment of information commissioners. “We make it clear that subject to orders that may be finally passed after hearing the review petitions, the competent authority will continue to fill up the vacant posts of information commissioners in accordance with the Act and in accordance with the judgement … except sub-paras which we have stayed.” “This is to ensure that functioning of the Information Commissioners in accordance with the Act and the judgment is not affected during the pendency of the review petitions,” it said. The stayed sub-paras of the apex court’s September 13, 2012 ruling stipulated that the Information Commissions should work in Benches of two members and each Bench should comprise a legally trained member, who is to be appointed in consultation with the Chief Justice of India and Chief Justices of the High Courts of States concerned. The Bench also clarified in its order that “the Chief Commissioners already functioning will continue to function until the disposal of the review petitions.” — PTI (The Hindu 17/4/13)
4. RTI spells justice for job seekers (1)
THIRUVANANTHAPURAM: A right to information (RTI) application from a woman has forced all government institutions to strictly follow section 4 of the landmark legislation, which stipulates them to maintain proper records. It was on July 11, 2011 that Kulathoor native M J Rekha filed an RTI application with the KSRTC, seeking to know the number of vacant typist posts in the corporation and if they have been reported to the PSC or not. The battle for information has resulted in job opportunities for 44 youngsters in the corporation till date. Rekha had appeared for a PSC test for typist post in 2010, the result of which was published in March 2011. However, she could join anywhere as a majority of the 101 government institutions were not publishing the vacancies of typists in their offices. “The reply from KSRTC was unsatisfactory. It said the number of vacancies has not been counted after 2006. I then approached state information commissioner M N Gunavardhanan,” she said. At a hearing on February 7, 2013, the information commissioner observed that the KSRTC has failed to follow Section 4 of the RTI Act, that every public authority shall maintain its records duly catalogued and indexed in a manner and form that facilitates the RTI and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems. The commissioner also ordered KSRTC to publish its details that come under RTI Act on its website within 30 days. The corporation has updating these details on its website for the past one month. Commission sources said a similar order had been given to all departments. “Now, one can get details of vacancies with just a click. The non-declaration or non-publishing of vacancies could have affected the job opportunities of hundreds,” Rekha said. (Times of India 18/4/13)
5. Information on court proceedings available at a price (1)
CHENNAI: Highlighting the judiciary’s independence in framing its own rules and orders to regulate civil case proceedings, the Madras high court said the state information commission was not correct in asking the court to furnish information under the RTI Act without a fee. A division bench comprising Justice Elipe Dharma Rao and Justice M Venugopal, passing orders on a petition filed by the registrar-general of the court, said: “In the constitutional scheme of things, the judiciary is free from the executive and legislature.” The matter relates to an RTI application filed by K U Rajasekar who wanted details of his matrimonial case. After the court’s designated public information officer (PIO) refused the information, he approached the Tamil Nadu Information Commission. In July 2012, the commission directed the registrar-general to furnish the necessary information with all diary notings to Rajasekar free of cost and also file a compliance report to the commission. Assailing the directions, the registar-general filed the present petition. The judges, pointing out that the appellate side rules had provisions for furnishing copies on payment of necessary fees, directed the registrar-general to give the information within two weeks. They also ruled that the information commission’s direction to give records free of cost was not correct. “The court’s Appellate Side Rules permitted any party to obtain certified copies. Therefore, it was of the considered view that the applicant was entitled to receive copies of the diary notings and other records only under those rules. The applicant can also avail himself of the benefits under Rule 4 of the Madras High Court, Right to Information (Regulation of Fee and Cost) Rules by which information under RTI Act could be provided to him on payment of necessary charges,” the bench added. (Times of India 19/4/13)
POLICE/CUSTODIAL DEATH/ ARMY/AFSPA
6. NHRC asks Chhattisgarh govt to pay compensation (1)
Raipur, Apr 12 : Taking exception to several cases of alleged fake police-Naxal encounters and custodial deaths in Chhattisgarh, the National Human Rights Commission (NHRC) today asked the state government to pay a compensation of Rs 20 lakh to victims in different cases of human rights violations. The Commission also sought detailed reports in three other important cases of human rights violation, including the January 8, 2009 Singaram encounter in Dantewada in which 17 suspected tribal Maoists, including four women, were gunned down by a state police team. “The Commission is not satisfied with the reports submitted by the Superintendent of Police (SIB), Raipur, on the alleged encounter. There were several serious shortcomings in the police investigation, coupled with the evidence of autopsies, that raises serious doubts about the encounter,” NHRC Chairman Justice KG Balakrishnan told reporters after concluding the Commission’s two-day camp sitting here. While directing the State Police Chief Ram Niwas to seek an explanation from the officer, who conducted investigation in the case, the Commission had asked the DGP to get the matter investigated thoroughly and submit a detailed report, he said. Referring to 7,000 hysterectomies — uterus removal surgeries — which were allegedly carried out by unscrupulous doctors in 169 hospitals in Chhattisgarh to claim money under the ‘Rashtriya Swasthya Bima Yojana’, the Commission asked the government to submit a detailed report in four weeks. The state Chief Secretary assured the Commission that random checking would be made in other districts of the state and stringent action would be taken against the offenders. Similarly, in the case of gangrape of 11 minor tribal girls by a teacher and a guard of a government tribal hostel in Kanker district, the Commission sought a detailed report about the steps taken by the government for rehabilitation of the victims even as it was informed about the preventive measures taken. A compensation of Rs two lakh each was paid to the victims from the Chief Minister’s Relief Fund. (New Kerala 12/4/13)
7. NGO urges President for repeal of AFSPA (1)
IMPHAL, April 13 – The United NGOs Mission – Manipur (UNM-M), a network of NGOs working on the issues of human rights, peace building and violence against women and children, today submitted a 15-point charter of demand to the President of India Pranab Mukherjee. It may be noted that the President is scheduled to visit Manipur to attend the diamond jubilee celebration of Adimjati Shiksha Ashram in Imphal on April 15. This was disclosed by UNM-M’s secretary U Nobokishore at a press conference here today. The charter of demands include repeal of controversial Armed Forces Special Powers Act (AFSPA), establishment of 20 Special Investigation Team to investigate all the 1,528 cases of extra-judicial killings and rape under cover of AFSPA/counter insurgency operations and legal measures to ensure justice to the victim families by awarding appropriate punishment to the perpetrators within a period of one year. The memorandum also demanded the vehicles without registration number being used by the paramilitary and Indian Army should be registered. The other demands include setting up a commission to investigate how the illegal arms got into the hands of individuals or gangs and punish those who are violating the law of the land and holding of political dialogue with armed political organisations by constituting an Independent Commission for Conflict Resolution in Manipur. It also demanded to prohibit the implementation of REDD, REDD+ and CDM project in the North East under climate change negotiation. The memorandum also pleaded for punishment to those who are committing crimes such as carrying drugs, raising illegal taxes, extortions, kidnapping, carrying arms without licence and human trafficking. The UNM-M also urged the President to stop construction of mini or micro dams besides stopping exploration of oil and natural gas, minerals in the State without free, prior and informed consent from the indigenous peoples of Manipur. It also demanded revival of Manipur Human Rights Commission, which is non-functioning since May 9, 2010 after its term expired. (Assam Tribune 13/4/13)
8. Bulandshahr rape: minor cannot be detained, says SC (1)
New Delhi: The Supreme Court directed the Uttar Pradesh government on Monday to file response within a week on detention of a 10-year-old rape victim by police in Bulandshahr, when she approached them to lodge a complaint. “A minor cannot be put in lock up,” a bench headed by Chief Justice Altamas Kabir said while expressing its displeasure over the incident. The bench also asked advocate Anita Shenoy to assist it in deciding the matter in which it took suo motu cognisance of media reports about detention of the girl. The incident allegedly took place on April 7 when the girl had gone to a general store close to her house to buy some essentials. She was reportedly taken away by the accused, who raped her and fled. When the victim and her parents went to the police station for filing a complaint, the girl was kept in the lock up of the Mahila Thana for several hours. After the incident came to light, two women constables on duty at that time were suspended while the Mahila Thana in-charge Gayashree Chauhan and sub-inspector Sarita Dwivedi, who were first sent to the Reserve Police Lines, were later removed. Bulandshahr police claimed on Sundat to have arrested the accused who had allegedly raped the minor. (Hindustan Times 15/4/13)
9. Man stripped before his children at police station (1)
Jaipur: In an another instance of police high-handedness, a man was allegedly forced to strip before his children in a police station in Sri Ganganagar and his minor daughter was put in a lock-up after he was detained in a land dispute case, prompting police to order a probe. Nandram from Sri Ganganagar district alleged that he was called at Sameja police station on Monday in connection with a complaint against him where the station house officer (SHO) Kuldeep forced him to confess and strip before his minor son and daughter. He also alleged that the SHO had put his daughter in the lock up. Following the complaint, SP C Santosh instructed a DSP to probe into the allegation against the SHO. Nandram was called at the police station after a complaint was filed against him by a woman, alleging that he had grabbed her land-related documents. Recently in Uttar Pradesh, a 10-year-old rape victim was put in a lock-up in a Mahila Thana in Bulandshahr when she had approached them to file a complaint along with her mother. The incident drew the Supreme Court’s ire which had directed the UP government to file a response on the detention of the rape victim. (Hindustan Times 17/4/13)
10. Rights group slams West Bengal government, police (1)
New Delhi, April 18 : The People’s Union for Civil Liberties (PUCL) Thursday slammed the West Bengal government and police for the recent cases involving the death of a student activist in police custody and the chaining of another to his hospital bed. “Such barbaric acts are extremely reprehensible and PUCL condemns this action of the state police and hospital authorities,” PUCL said in a statement. Santosh Sahani, a first year BA student arrested April 10 for participating in a students’ rally that turned violent, was kept chained to his hospital bed for two days by police. Attacking the state police for false prosecutions, arrests and intimidation, PUCL stressed that the police also needed to conduct fair, unbiased and independent investigation into the custodial death of Sudipta Gupta, a Students’ Federation of India (SFI) leader who died in police custody in Kolkata April 2. “Anything less will be in violation of the Constitution. No political party, especially if it is also the ruling party, can be allowed to violate the Constitution with impunity,” it said. The rights group further said that it was “extremely concerned” about the repeated incidents of police high-handedness and state apathy in West Bengal. It also criticized the government for not ensuring fair and independent investigation into the vandalism at the city’s prestigious Presidency University, allegedly by the ruling Trinamool Congress party’s students wing activists. PUCL demanded the setting up of an independent Special Investigations Team under the direct monitoring of the judiciary to investigate all cases and also demanded the release of all the SFI activists and advocated action against all officials responsible for the chaining of Sahani. (New Kerala 19/4/13)
DALITS/ SCHEDULED CASTES
11. A love affair and economic boycott of Dalits (2)
KRISHNAGIRI: Over 300 Dalit families of Deveerahalli Village, of Kudimenahalli Panchayat, in Krishnagiri district allege that they are being denied work by intermediate castes of the village and of six other nearby villages. The reason behind this, they say, is that a Dalit youth in their area had fallen in love with a girl of an intermediate caste from Sathinayakkanpatti under Damodarahalli Panchayat. The girl is back with her parents after the youth’s parents wanted her to go back, as they feared the type of mob fury which was unleashed on three colonies in nearby Dharmapuri district, over a similar issue in November last year. But, the boycott of the Dalits of the Krishnagiri village continues though the affair had come to light in December and the girl had gone back to her home. Intermediate castes have banned Dalits from working on their agriculture fields, brick kilns and other income-earning activities since then. The decision to bar them from such forms of employment was allegedly taken by a ‘khap panchayat’ — a council of older persons who issue decrees to their community members on matters such as marriage — consisting of the leaders of seven villages, in and around Sathinayakkanpatti and Deevarahalli, on December 24 last year, alleged A. Manikandan, district convener of Naam Tamizhar Katchi. Many Dalits, who have also taken up the lands of intermediate caste on lease, for cultivation of crops, lost lakhs of rupees due to the economic boycott. They were not allowed to step into the farm lands. M. Kumar (37), who is District president of HIV Positive Network, said, “After the incident in December, the neighbouring landowner refused to give water for irrigating my ragi crop, cultivated on half an acre. I was forced to buy water from another village and bring it by tractors to save my crop’’. S. Salamma (45) of Deveerapalli village says she has two young sons to take care of. As her husband, a daily wage earner, has been rendered jobless because of the boycott, the family is totally dependent on the earnings from the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) works and the free rice distributed through the public distribution system. M. Chitra (30), mother of two male children, said, “There is no discrimination at the MGNREGS worksite, but the intermediate castes stopped speaking to us after the order of the khap panchayat”. The decision taken at the khap panchayat allegedly ordered that Dalits should not be employed under the MGNREGS also. But, it was rejected by the village panchayat president K. Murugesan. Himself a member of an intermediate caste, he told the village leaders that he could not indulge in discrimination as the head of a local body. The parents of the youth and the girl could not be contacted for their comments. X. Irudayaraj, District Secretary, Tamil Nadu Untouchability Eradication Front (TNUEF), and G. Sekar, District Secretary, Communist Party of India (Marxist), added the police and revenue authorities should take proper action against those indulging in the boycott of Dalits, which denied them livelihood. Stating that his inquiry found a boycott of the Dalits, Deputy Superintendent of Police, Bargur, G. Gajendran said, on Saturday, that he would conduct a meeting between the Dalits and caste-Hindus in a day or two to resolve the issue. As for the love affair, Mr. Gajendran said that even before a formal complaint was lodged by the girl’s family, a police team visited the village and took all possible measures to prevent any untoward incident, and the girl returned to her parents. Collector T.P. Rajesh said that he would verify the factual position in the Dalit village and take appropriate action as per the law. (The Hindu 14/4/13)
12. ‘Governments have failed to show commitment to work for Dalits’ (2)
BANGALORE: The governments formed after Independence, both at the Centre and the State, have not shown political will or commitment to work for the welfare of Dalits, said Yashodha P., president, Karnataka Dalit Women Forum. She was speaking at the launch of a national-level claim petition campaign here on Sunday that coincided with the birth anniversary of B.R. Ambedkar. Ms. Yashodha pointed out that despite the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989, atrocities continued to be committed against Dalits. Manohar Elavarthi, core committee member of the Praja Rajakiya Vedike, pointed out that none of the political parties were committed to work for the cause of the Dalits. Pointing out that the issue of land played a pivotal role in the emancipation of Dalits, she said, “Various laws such as the land ceiling Act to reduce disparities by redistribution of land were not implemented properly leaving a large number of Dalits landless, displaced and marginalised.” To help Dalits reclaim such land, the National Alliance for Dalit Land Rights (NADLR) launched the campaign, which will be go on till December 6 in 18 States. The campaign, which will be spearheaded by the Karnataka Dalit Women Forum and other Dalit organisations, will be conducted in 20 districts in the State. The Dalit organisations have demanded 3 acres of irrigated land and 5 acres of dry land for Dalits. Besides, they have sought title deeds for Dalit households. They said they will urge the government to set up a tribunal to fast-track land disputes. (The Hindu 15/4/13)
13. Dalits flee Haryana village after upper caste attacks (2)
KAITHAL: As politicians and administrators in many northern Indian states were preparing to celebrate Dalit icon B R Ambedkar’s 122nd birth anniversary this weekend, more than 100 Dalits were fleeing a small Haryana village after being chased by upper caste goons, angry that a Dalit man had dared to marry one of their girls. Meena and Surya Kant of Pabnama village in Kaithal were in a relationship for the past two years and they tied the knot on April 10. But their happiest moment in life turned tragic for the entire village. The marriage – with Meena, from a community called the Rods and Surya, a Dalit – led to a bloody clash on Saturday that forced Dalit men and women to flee, fearing violent reprisals. Members of the Rod community attacked Dalits, injuring 10 people, including seven cops. The couple has been living in a Kaithal town under police protection following instructions from the Punjab and Haryana high court last week. Even two days after the violence, Dalits are still in a state of shock and not ready to return to the village. Except a few youths and elders, no women and children were present in the village. Several have gone to their relatives’ places and a few are living in dharamshalas in Kurukshetra. Ram Swaroop, a Dalit, said, “We agree that the marriage was against social norms. But why is the family of the groom and the entire community being targeted as we have no role in their marriage?” He said it had become difficult for their families to return to the village under the circumstances as they could be assaulted again. However, peace brokers were trying to calm things down. The two communities have formed separate committees to hold talks to sort out the differences and to restore peace in the village. Realizing that the couple could not be separated, the villagers on Monday started compromise talks. Sarpanch Husan Singh told TOI, “As the couple remained firm on their decision to stay together, the villagers, including their family members, have left them to their fate. Members of both the communities held peace talks and I am hopeful that both would reach a compromise soon,” he said. A villager, who had talked to the couple, said both of them ruled out any possibility of parting ways even though the Rods had been pressuring them to break off. During a meeting of village elders, 20-year-old Meena, a student of BCom final year in Kaithal College, made it clear that “she would prefer to die rather than separating from her husband.” The sarpanch said it was impossible for the couple to enter the village as they did not abide by the sentiments of the villagers. Recalling the violence on Saturday, he said, “Some youngsters have attacked Dalit houses in a fit of rage but the village elders have sorted out the issue now.” However, a Dalit youth, Lakhmi Chand, alleged that there was pressure on the Dalits to strike a compromise and not to press for arrest of the attackers. “Both the communities have formed peace committees which met today to discuss the issue. The Rods are persuading us to withdraw the cases and assured that our security would be ensured in the village. But we are still unsure and our women and children are still away,” he said. Kaithal SP Kuldeep Singh said the situation was under control on Monday and police personnel were deployed in the village. “The villagers from both the communities are making efforts to sort out the issue. The administration is cooperating with them in this initiative,” he said. (Times of India 16/4/13)
14. Dalit woman thrashed: Ladhar records statements (2)
Jalandhar: Jalandhar divisional commissioner SR Ladhar, conducting an re-inquiry into the Tarn Taran incident, in which a 22-year-old dalit woman was beaten up by the cops, visited the district on Thursday. “I visited the spot and recorded the statements of three police men, two taxi drivers and other eyewitnesses,” said Ladhar. The statements were recorded in the presence of the SSP and the deputy commissioner. In their statement, the cops alleged that the cousin of the victim, Jagdish Singh, who recorded the incident on his camera deleted the portion in which the victim and her relatives were seen misbehaving with them, Ladhar said. “Expert opinion will be solicited to judge the veracity of this claim,” Ladhar added. The two taxi drivers, who have been booked under the SC/ST Act, denied making any derogatory or casteist remarks against the victim or her family. Ladhar added that the then SSP, DC and SHO, would be called to his office on Monday for their version on the incident. (Hindustan Times 18/4/13)
15. ‘Dalit youth was killed protecting sister’ (2)
BHIWANI: The 18-year-old dalit youth, whose body was recovered in a Bhiwani village on Wednesday, was killed for resisting advances towards her sister made by an upper-caste youth. Bhiwani police revealed on Thursday that accused Praveen Singh, an upper-caste Rajput, and his accomplice Kuldeep Kumar, a dalit man, had tied the victim, Jaimal Kumar, to a tree and hit him with a vehicle till he died. This had happened on the outskirts of Devsar village in Bhiwani district on Tuesday evening, and the accused were arrested on Thursday. The victim’s family had, however, complained to police on Wednesday that Jaimal was killed over the “ghurchari” row which took place in the village around two years ago. But cops investigating the killing said that Praveen Singh had made several advances towards Jaimal’s sister. The victim opposed this and told the accused to stay away from the girl. According to sources, Praveen Singh had been in touch with Jaimal’s sister over phone. Police officers said that the accused and his accomplice took the victim to the village outskirts on Tuesday and they consumed liquor together. Soon, Jaimal lashed out at Praveen and an argument began. Cops said that the accused put a rope around Jaimal’s neck and tied him to a tree and hit him with a vehicle. They then dragged him to some distance and crushed him under the wheels of the vehicle. The body was left inside the car which was abandoned along the roadside, a police officer said. (Times of India 19/4/13)
HEALTH/ EPIDEMICS/NRHM
16. Infant mortality rate marginally declines in Chhattisgarh (3)
Raipur: The infant mortality rate has marginally come down in Chhattisgarh in the last three years, according to the official statistics. “The state government’s joint initiative with UNICEF to control infant mortality rate have started showing results and continuously the infant mortality rate is declining here,” an official said on Wednesday. “According to recent figures, the infant mortality rate has come down to 48 from 51 per 1,000 in 2010,” the official said. The official further said that the state government has been continuously working with UNICEF to tackle child malnutrition, child and maternal mortality rate and it is gradually showing positive results. Under Nawa Jatan scheme to combat malnutrition, UNICEF has provided technical help through its consultants by conducting base line survey in around 340 village panchayats where malnutrition rate was reported to be high, the official said. “UNICEF will also help the government in 2013-14,” he added. According to government statistics, as many as 40 nutrition rehabilitation centres were being run across the state last year which have now increased to 75. (Zee News 10/4/13)
17. Maternal mortality rate dips, still higher than national average (3)
RANCHI: Maternal mortality rate (MMR) in Jharkhand is 261 deaths per one lakh live births, which is much higher than the national average of 212 deaths, according to a report prepared by a central agency. The Sample Registration System (SRS) Report 2010 prepared by the Central Statistical Organization says the MMR in Jharkhand has been steadily declining in the past few years but still it is much higher than the national average. In 1997-98, the MMR was 531 per lakh live births which reduced to 372 in 2001-03, 312 in 2004-06 and 261 in 2008-10. On the other hand, if we see the data of Annual Health Survey 2011, we can see that the MMR has increased to 278 per one lakh live birth About 8.3 lakh women give birth every year In Jharkhand, of them 2,200 women die during delivery. Experts say that maternal deaths can be prevented by increasing institutional delivery and reducing anemia among women but the situation of the state is not good in either of the cases. The percentage of institutional delivery in Jharkhand, according to National Family Health Survey (NHFS) III, was 19.2 compared to national average of 40.7. The rate of anemia in women of Jharkhand is highest with 70.6% compared to all states in the country. In Jharkhand, 29.1% deliveries are attended by skilled health personnel, which is much less compared to national average of 48.2%, according to the NFHS III report. Also, the report says 17.5% mothers receive postanatal care from skill health personnel within two days of delivery as compared to national average of 36.4%.Unicef state head Job Zachariah said, “Major causes of maternal deaths in South Asia, according to WHO (2010), are postpartum haemorrhage, eclampsia and obstructive labour. If institutional deliveries are conducted, death because of these can be prevented by 40% to 60%.” Zachariah cited child marriage as another reason behind high MMR. “Jharkhand has the highest rate of child marriage after Rajasthan and Bihar with 51.8%. Girls who become pregnant as adolescents have an increased risk of death and their babies also have risk of infection, malnutrition and death,” he said. Director in chief, health, P Chandra said the state government had taken some steps to reduce the MMR. “We are planning to start 700 health subcentres for institutional deliveries. There will be around four health subcentres in each block. To curb anemia, we have recently given funds to State Rural Health Mission to distribute iron tablets to adolescent girls.” (Times of India 11/4/13)
18. Medical negligence: court raises compensation (3)
KOCHI: A Division Bench of the Kerala High Court on Thursday observed that doctors and pathologists who possess sufficient skill and knowledge in the medical field should show minimum degree of care in conducting tests and diagnosing the diseases. The Bench comprising Justice Thottathil B. Radhakrishnan and Justice B. Kemal Pasha made the observation while dismissing an appeal filed by a pathologist and a doctor from a Kasaragod hospital against a sub court order directing them to pay compensation in a medical negligence case. The sub court had ordered them to pay compensation to the husband of a woman who died on account of their wrong diagnosis and treatment. The High Court Bench observed that when a person who had sufficient qualifications in the medical field was willing to give medical advice and treatment, “he impliedly undertakes that he possesses all sufficient skill and knowledge for such medical advice or treatment”. He should show a reasonable degree of skill and knowledge and must exercise a reasonable degree of care. According to the husband, the pathologist had diagnosed the illness of his wife as tuberculosis after biopsy. She began undergoing treatment and took medicines for tuberculosis. Later her condition worsened and had to be taken to another hospital. The doctors there diagnosed the illness as synovial sarcoma, malignant cancerous tumour. She died in 1990. The High Court said the woman had to meet with her untimely death on account of the erroneous diagnosis. The court also enhanced the compensation amount from Rs.75,000 to Rs.1,50,000 after allowing the petition filed by the husband. The Kerala High Court on Thursday directed the Special Police Team probing the illegal stay of a Malaysian national to conduct a serious investigation into his frequent visits and the business he was doing in the country. Justice S.S. Satheeshachandran issued the directive while dismissing the bail petition of Malaysian national Latif Bin Abdul Jamil, who was arrested by the Koyilandy police on March 13, on charges of illegally staying in the country. A case had also been registered against A.V. Abdurahiman Musliyar, secretary of Nandi Darussalam Arabic College under the Jamia Darussalam al-Islamiya, Koyilandy, for not informing the police about the stay of the foreigner at the college. Jamil had been charged under Section 5 of the Registration of Foreigners Act and Section 140 of the Foreigners Act. The court observed that the petitioner claimed that he arrived in the country to explore business opportunities. The police should take a serious look at “what is his business and what is his association with a college committee, especially when security of the country faces serious threat from anti-national elements,” the court said. The Director General of Prosecution, while opposing the bail plea of the accused, submitted that a probe was essential into various aspects such as his visit to the country at different points of time. The petitioner did not report the details regarding his stay to the authorities, even after his visa period had expired. (The Hindu 12/4/13)
19. Gorakhpur, adjoining regions in grip of Japanese Encephalitis (3)
VARANASI: Gorakhpur and adjoining regions of eastern Uttar Pradhesh are not only badly affected by Japanese Encephalitis/Acute Encephalitis Syndrome (JE/AES) but also under the grip of other dreaded diseases with high rate of crude death, infant mortality, neonatal mortality, and under-five mortality. However, it seems that the miseries of people and pathetic condition of the region failed to draw policy makers’ attention. “It is beyond our understanding why the government is delaying the upgrading of BRD Medical College hospital of Gorakhpur that serves a large population of the region,” said Prof Rahey Mohan Misra, former vice chancellor of DDU Gorakhpur University and convener of Gorakhpur Health Forum. The Forum forwarded a letter to the chief minister demanding an institution like All India Institute of Medical Sciences (AIIMS) in Gorakhpur under Pradhan Mantri Swasthya Suraksha Yojna (PMSSY). Though, the BRD Medical College hospital of Gorakhpur is the only prominent health care centre of the region, it has been included in the third phase planning of PMSSY for upgrading. “It is unfortunate that the region which deserves to have an AIIMS-like institution is facing delay in upgrading of the existing medical college,” said Mishra, who also wrote letter to UPA chairperson, Sonia Gandhi demanding the same. According to him, the BRD Medical College hospital serves the population of a vast area of the region comprising many districts of eastern UP and bordering Bihar. The area consists of three divisions of UP – Devipatan, Basti, Gorakhpur, and adjacent five districts of Bihar- geographically known as ‘Saryupar Plain’, and Azamgarh division of eastern UP. The region is infamous for low-lying marshy land, water logging, endemic floods, humidity, extreme poverty, favourable for harbouring various diseases like malaria, thyroid, tuberculosis, cancer, kidney and gall bladder stones and especially Japanese Encephalitis/Acute Encephalitis Syndrome (JE/AES) devouring mostly children. Eastern UP, the most populous, has largest area (85845 sq.km) and highest population density but very poor economic and health facilities. The region, including Saryupar Plain and Azamgarh division, has a population of over 60 million with more than 90% rural population. The health infrastructure is almost next to nothing. The PHCs, CHCs and district hospitals are understaffed. Records show that the region has higher death rate, infant mortality rate, neonatal mortality rate and under-five mortality rate in comparison to other regions of the state. (Times of India 17/4/13)
20. Malnutrition deaths dent Kerala’s HDI claims (3)
PALAKKAD: Kerala’s claims to world fame for its high human development indices appear to be tottering with children in the tribal heartland of Attappady in Palakkad district dying of malnutrition. In the last 15 months, as many as 29 children died of malnutrition, 13 of them this year. Two more deaths were reported from the area over the past two days. The number might be higher, for not all deaths from the Kurumba tribal hamlets in the remote forest areas of Anavai, Edavani, etc., are getting reported. A report sent to the State government by the Integrated Tribal Development Project (ITDP) officers last week stated that ‘malnutrition and low blood count are found to be the reasons for the death.’ ‘A large number of tribal children are born underweight and are affected by malnutrition,’ the report said, attributing the situation to poor healthcare facilities and inefficient functioning of the health and social welfare departments. Health indicators of Attappady remain lower than those of the State and the nation. The maternal mortality rate is seven per 1,000, compared with the State figure of 1.3 and the infant mortality rate is 66 per 1,000, against the State figure of 14.1. Fewer institutional deliveries mean poor maternal and neonatal outcomes. High incidence of severe maternal anaemia, obstetric complications and deliveries by untrained persons have all contributed to the present dismal situation, medical practitioners at Attappady said. Anaemia, malnutrition, deficiency disorders, tuberculosis, typhoid and diarrhoea are rampant in Attappady. Many people have sickle cell anaemia, a genetic disorder, which has a devastating effect on their health and quality of life. The government had ordered a health survey of all the 192 tribal hamlets. The survey, which is only halfway through, has identified 500 cases of anaemia. It has also brought to light the fact that those with sickle cell anaemia do not get proper treatment to manage the disease, which is incurable. For the last two years, the anganwadis under the social welfare department have not been distributing nutritious food to children, pregnant women and teenaged girls. The health centres have also not been distributing health kits for the past one year. “It is most shameful and shocking for the district administration and the State as a whole that malnutrition deaths are taking place in a socially forward State like Kerala,” District Collector P.M. Ali Asgar Pasha told The Hindu on Wednesday. He said he had called an urgent meeting of top officials of the departments of health, social welfare and tribal welfare to find a solution for the death of many children.” He had ordered an inquiry into the lapses on the part of various departments responsible for providing healthcare and other facilities to the 29,000-strong tribal population of Attappady, Mr. Pasha said. (The Hindu 18/4/13)
LAND ACQUISITION/ SEZ
21. Dharna against Odisha land acquisition (4)
PANAJI: The Goa unit of the Communist Party of India (CPI) will hold a protest dharna in Panaji on Friday in solidarity with the farmers of Jagatsinghpur district in Odisha who are agitating to save their land from acquisition for a Posco project. Christopher Fonseca, CPI national secretary, said, “the dharna would be in support of Posco Pratirodh Sangram Samiti of Odisha,” and had been called by the national council of the CPI. He said that CPI supports the people of Odisha who are struggling to save their fertile agricultural land and fiercely resisting eviction from their ancestral land for the past seven years. In the course of the struggle, over six farmers have lost their lives, several hundreds have been injured and thousands have been lathi-charged in the villages of Jagatsinghpur district. The villagers including men, women and school going-children have participated in this people’s agitation. The central government and the Odisha government are acquiring over 4,004 acres of fertile agricultural land at Jagatsinghpur district near the Paradeep port which will deprive the people of their land which is the sole source of their livelihood for over a century, he added. The governments were acquiring this fertile agricultural land to hand it over to the South Korean transnational corporation which is known as Posco to set-up a steel plant and also to establish their own private port at Paradeep. (Times of India 12/5/13)
22. Land acquisition bill to be brought in this session: Ramesh (4)
Anand (Guj): Union Rural Development Minister Jairam Ramesh on Saturday said Centre will bring in revised Land Acquisition Bill in the forthcoming session of Parliament as there was a political consensus on it. “We will bring the revised bill in this session. All political parties want to get it passed,” Ramesh said here. “States have given their suggestions and I have also met opposition leaders like Arun Jaitley and Sushma Swaraj and had discussion with them,” Ramesh said, adding, all the political parties wanted the 1984 act to be changed. “Land acquisition was done forcibly till now and farmers were not given adequate compensation, but this bill will address these concerns,” he said. “There have been cases where land (acquired for public purposes) has been utilised for building shopping malls or private housing societies,” Ramesh added. The Parliament session will start on April 22. An all-party meeting was held in New Delhi on April 9 to iron out differences on the bill. (Zee News 13/4/13)
23. Chhattisgarh land acquisition in Human Rights Panel’s lens (4)
Raipur: Land acquisition for the industries in the mineral-rich state of Chhattisgarh has come under the lens of National Human Rights Commission (NHRC). The NHRC held a two days camp sitting headed by its Chairman Justice K G Balakrishnan in Raipur that concluded on Thursday. The Commission took up 27 cases for hearing in the Full Commission and Division Bench Sittings. Six cases were closed after satisfactory replies from the State Government. The Commission recommended about Rs 20 lakh as monetary relief in different cases of human rights violations. Besides the issues related to alleged rights violation in the sittings figured prominently, the social activists also drew the attention of commission towards the industry-related issues in the state that had been emerging as dream destination for investors. The activists pointed the issue of displacement of tribals for the industrial projects. The activists said the public hearing for required clearances for the industrial projects was conducted under the shadow of police protection. They told commission that those opposing the industry had to face police action. Even the activists were not allowed to speak at the public hearing. The commission recorded the views of the social activists and asked them to report specific case. The activists had presented a general picture of the situation that the commission wanted in specific and asked the complainant to brief the particular case of police atrocities on people opposing industrial projects. The NHRC has asked the Chhattisgarh government to submit a detailed report within four weeks on the reports of more than 7000 unwanted hysterectomies conducted by doctors in the state to claim money under the health insurance scheme. On the issue of alleged fake encounter of 17 tribals including four women on January 8, 2009 near village Singaram in Dantewada district, the commission said it was unsatisfied with the report submitted by the police and asked Director General of Police (DGP) to seek an explanation of the officer who conducted investigation. (Business standard 14/4/13)
24. With 1,700 acre, Posco hopes to begin Odisha project (4)
With the pace of land acquisition picking up and the Government announcing handing over of around 1,700 acre for the proposed Posco project, the Korean steel major has expressed hope that it would be able to commission the Odisha project by 2018. The company expects to be provided with all of the 2,700 acre that it has sought for the establishment of 8 million tonne per annum (mtpa) capacity plant in the first phase soon as the Government is poised to resume land acquisition. The steelmaker has stated that around 548 acre land has been handed over while the process of handing over of the recently acquired 1,700 acre is underway. “Work would commence immediately, once the physical possession of the land is obtained. The first two years will be for rehabilitation and land preparation works. Construction would commence thereafter and completed within three years,” Chairman and Managing Director Posco India Yong Won Yoon said. Despite the persistent resistance and problems in land acquisition setting back the country’s largest FDI by over eight years, Yong asserted Posco’s commitment to the Odisha project. The company had signed the MoU for the 12 mtpa project with an investment of `51,000 crore in June 2005. However, due to the opposition and delay, the project has been downscaled to 8 mtpa spanning 2,700 acre in the first phase. The first phase would comprise setting up of two 4 mtpa capacity units. The second phase of 4 mtpa would be carried forward after the remaining land of the total required 4004 acre for the originally planned 12 mtpa integrated steel plant (ISP) is obtained. Allaying fears that Posco may backtrack from its Odisha ISP if it is not granted with mining licence with respect to the Khandadhar mines, which is under adjudication in the Supreme Court, Yong said Posco India will act as per the law and rules of the country. “We expect the verdict to be in our favour. If it doesn’t we will discuss the issue with the State Government and will explore buying iron ore to meet our needs,” he said. On the issue of renewal of the MoU, which lapsed in 2010, Yong stated that it has submitted a revised document agreeing to the new clauses that include dropping of the export or swapping of iron ore. “We have accepted all the new proposals presented by the State Government and submitted the revised MoU in 2011. We do not understand why the Government is not making moves for signing of the agreement,” he said. On the question of going slow on the proposal of the State Government for investing `200 crore in peripheral development in the project site in Jagatsinghpur district, which included infrastructure like roads and bridges, health, agriculture, education etc., the CMD stressed that its should go on simultaneously with the project development works. “Once we get the land it will be easy to manage peripheral development issues. However, we have started work on infrastructure development like roads,” he added. (Indian Express 16/4/13)
25. Parties reach consensus on Land Acquisition Bill (4)
NEW DELHI: A broad consensus was reached among political parties on Thursday over the much-awaited Land Acquisition Bill after the government gave in to a key demand of BJP for 50 per cent compensation to farmers and sorted out certain other sticky issues. The consensus paves way for consideration and passage of the significant but contentious bill in the second part of the budget session of Parliament beginning Monday. “We have reached a broad consensus on the Land Acquisition Bill,” parliamentary affairs minister Kamal Nath told reporters after a 90-minute meeting convened by him. Leader of Opposition in Lok Sabha Sushma Swaraj stated the same with a promise of not opposing the Land Acquisition, Rehabilitation and Resettlement Bill, 2011, in Parliament. The Bill proposes the payment of compensation that is up to four times the market value in rural areas and two times the market value in urban areas. BJP wanted 50 per cent compensation to the original farmers whose land has been purchased after the introduction of the bill in Lok Sabha in September 5, 2011. Raising the issue in the meeting, Swaraj said the “land mafia” was in land buying spree in many parts of the country after the introduction of the bill anticipating that the measure will be passed soon and they can reap benefits. If it happens, the farmers who have sold land at a lesser price will not be benefitted from the Land Acquisition Act, she said and asked the Government to have a provision specifying that there will be sharing of 50 per cent benefit with the original farmers. Government also agreed to another demand of the BJP, which had suggested that instead of acquisition, land could be leased to developers so that its ownership will remain with the farmers and would provide them with regular annual income. The government agreed to amend the bill to provide for an enabling provision for states to enact laws in this regard as leasing of land is a state subject. The first all-party meet on the Land Acquisition Bill, which was held here on April 9, had failed to iron out the differences between the government and major parties like the BJP, SP and the Left Front….. (Times of India 19/4/13)
TRIBALS
26. Meghalaya industrial policy to protect tribal land (6)
Shillong, April 12 : Chief Minister Mukul Sangma Friday said the Meghalaya Industrial and Investment Promotion Policy 2012 has taken necessary precautions to protect the alienation of tribal land by not allowing outright transfer by way of sale to non-tribal entities. “The state government is strictly monitoring the transfer/lease of land on need-based and actual requirement to avoid land alienation of tribal land,” Sangma said, while replying to a call attention notice tabled by opposition United Democratic Party legislator Paul Lyngdoh in the assembly. With Meghalaya having a unique land tenure system, where the land belongs to the people, Sangma said the government proposes to acquire land and thereafter lease out such land to industrialists on actual requirement basis. “Through experience, the government has learned that in the earlier Industrial Policy 1997, where land was allowed to be transferred by outright sale to the industrialist, more than the required land was allowed to be transferred,” Sangma said. The chief minister, who also holds the industries portfolio, said that the new industrial and investment policy has done away with the outright sale to non-tribal entities as was available under the 1997 policy. “The new policy seeks to transfer land to non-tribal owned units including limited companies, partnership firms, and non-tribal proprietary firms by way of lease only,” he added. Such land, if not available within the industrial areas/parks, will be provided on 30 years lease basis on payment of appropriate premium, he said. Emphasizing that “prospective and good investors” are not driven away from investing in the state, Sangma promised that his government will take extra caution to preserve land and to ensure 60 per cent of jobs in all industries would be filled up by local tribesmen of the state. The chief minister added that the new industrial policy gives more importance to micro and small scale enterprises industries, which would be promoted and managed by women entrepreneurs and the physically challenged. He added: “Such enterprises will get an additional 10 percent on the state capital investment subject to a ceiling of Rs.5.lakh, while physically challenged persons will pay only 50 percent of the applicable lease rent.” (New Kerala 12/4/13)
27. Free lawyer service helps tribals branded Maoists (6)
RANCHI: A group of young lawyers in Ranchi has decided to take up, gratis, cases of thousands of tribals branded as Maoists and shoved into jails across Jharkhand every year. The lawyers, who have named their organization Jharkhand Organization for Human Rights (JOHAR), have initiated a survey to pick out such cases and offer them free legal consultation. And just so that the tribals are aware that they need not pay for seeking judicial assistance, the lawyers have named their endeavour “muft mein wakil”. Despite options of free legal aid offered by the government and agencies like district legal services authority, tribals often don’t get these facilities because they are afraid to approach them. Also, they are not much aware of the law,” says Gopi Nath Ghosh, who is associated with the endeavour. Human rights violation is a mounting problem in Jharkhand’s tribal areas which sees many innocent people being labelled as Maoists and subsequently prosecuted. NGOs working in the area say that the number of such cases increases whenever there is a security operation in the region. For instance, 13 people were framed as Maoists in the 2001 Topchanchi massacre in which 13 Jharkhand armed police officers were killed. After they had spent many years in jail, they were finally acquitted by the Dhanbad district court in May last year. Curiously, nobody is really sure about the exact number of such cases where tribals are unfairly branded as rebels. A Christian missionary, Father Stain Swami, who works for the rights of tribals, had filed an RTI application with the state government in 2011 to seek accurate figures. He says that the total number of such cases could be around 6000 or even more. With most tribals not even fully literate — let alone being aware of complex legal formalities — help from the lawyers is being hailed as a welcome step for them. Although till now, the lawyers have identified only about a dozen cases, the momentum, says advocate Anup Agarwal, convener of JOHAR, would pick up once their survey is complete. Incidentally, one of the cases in which the lawyer group has already started providing free assistance is the high-profile Jeetan Marandi case. Jeetan Marandi was accused of masterminding the Chilkhari massacre in 2007 in which former chief minister Babu Lal Marandi’s son Anup was killed. The subordinate court had pronounced capital punishment but the Jharkhand high court not only reversed the judgment but also acquitted him of the charges. However, his wife Aparna Marandi is now in Dumka Jail on allegations of being a Maoist. No lawyer was ready to assist her until JOHAR lawyers Ahmed Raja and Anup Agarwal stepped in to take up her case. (Times of India 15/4/13)
28. CPI accuses Gadchiroli police of illegal arrest of tribals (6)
Gadchiroli: The Communist Party of India (CPI) on Sunday alleged that local police illegally arrested four tribals, including three women, from the district in a bid to project them as surrendered naxals, a charge denied by police. “Police picked up Sunita Dhondu Kumoti (20) from Kurkheda village last night, besides Jaywanta Dhaniram Kerami (25), Sukaro Hagru Tulavi (18) and Zituram Dinu Madavi (21)–all residents of Lavhari village, in violation of rules”, said Mahesh Kopulwar, District Secretary of the Communist Party of India (CPI) in a press conference here on Sunday. He alleged that police kept the family members of all the four tribals in the dark about their arrest and also made them run from one police station to another when they approached them for information on their whereabouts. “Police action was illegal. How can any citizen be arrested without assigning any reason?…The district police want to project these tribals as surrendered naxalites to embellish their record”, Kopulwar said while demanding immediate release of the tribals. Denying the allegations, SP Mohammed Suez Haq said that all the arrested persons are accused wanted in connection with a naxal-related case. “They were among the others already booked in naxal-related offences and a chargesheet was also filed against them in a court. We arrested them as they are accused”, he told PTI. Haq denied allegations that police did not inform the family members of the arrested tribals. “We followed the procedure. We took women constables along with us to arrest them as per the law”, he added. (Zee News 15/4/13)
29. MP to raise malnutrition deaths in Lok Sabha (6)
PALAKKAD: M.B. Rajesh, MP, has sought the urgent intervention of the State government to stop the death of tribal children from malnutrition in Attappady. Chief Minister Oommen Chandy should direct the Ministers to visit the tribal hamlets and take stock of the situation, he said in a statement here on Monday. “This matter of serious concern will be raised in Parliament because the failure to implement Union and State government programmes to provide nutritious food to children, teenaged girls and pregnant mothers had caused the tragedy,” Mr. Rajesh said. “Twenty-four tribal children below the age of five, including newborn babies, died in Attappady during the past 15 months. This is due to the total failure of government programmes for maternal and child care in the area.” He said the child deaths from malnutrition were not an isolated incident. A Comptroller and Auditor General report tabled in the Assembly said 110 children had died from malnutrition during 2012 in Palakkad and two other districts. The deaths indicated a dangerous trend of reversal of Kerala’s high human development indices, the hallmark of which was a low child mortality rate. He said poor implementation of the Integrated Child Development Services scheme had affected the functioning of anganwadis in the tribal hamlets. They had not been distributing milk, egg and banana for the past one year. (The Hindu 16/4/13)
30. Govt’s bid to water down tribal rights takes a hit (6)
NEW DELHI: The government’s plan to detach tribal rights from clearances to projects requiring forestlands partially boomeranged after the Supreme Court on Thursday ordered that the gram sabha should decide if their customary and religious rights would be impacted by Vedanta’s proposed bauxite mining in Niyamgiri hills in Odisha. The decision will dampen the pressure within the UPA to further dilute the norms that empower tribal gram sabhas under the Forest Rights Act to give consent to projects requiring forestlands. A report prepared by the PMO in December 2012 had recommended that the rights of gram sabhas under the Forest Rights Act to give prior consent to projects should be watered down to operate only in cases of exception. The tribal affairs ministry gave in to the pressure and agreed to the report and the environment ministry followed up by agreeing to do away with the need for consent from gram sabhas for linear projects. But the pressure building up within the government to stand down on tribal rights made it carefully avoid referring to the regulations requiring gram sabha consent in the Vedanta case. While government remained steadfast on its position against Vedanta mining, there was great unease about a generic ruling on Forest Rights Act in the case impacting other clearances. But the apex court order on Thursday has reverted the case back to the gram sabha, permitting the tribals and not the ministry or any other authority to decide whether their religious rights exist in the contentious hill and would they be harmed by the project. The court said, “Gram sabha has an obligation to safeguard and preserve the traditions and customs of STs and other forest dwellers, their cultural identity , community resources etc, which they have to discharge following the guidelines issued by the ministry of tribal affairs.” (Times of India 19/4/13)
31. SC leaves Vedanta’s fate in tribal deity’s hands (6)
NEW DELHI: The Supreme Court on Thursday linked survival of Vedanta’s alumina refinery and bauxite mining project in Rayagada and Kalahandi districts of Odisha with protection of Dongria and Kutia Kondh tribes’ culture and right to worship the ‘Niyam Raja’ deity, a hilltop just 10 km from the mining area. “If the bauxite mining project, in any way, affects their right to worship their deity, known as Niyam Raja, in the hilltop of the Niyamgiri range of hills, that right has to be protected,” the court said, creating fresh uncertainties for the multi-crore project. Adding fresh trouble, the court allowed filing of fresh community as well as cultural and religious claims by tribals before the gram sabha within six weeks. “The gram sabha is also free to consider all the community, individual as well as cultural and religious claims, over and above the claims which have already been received from Rayagada and Kalahandi districts,” a bench of Justices Aftab Alam, K S Radhakrishnan and Ranjan Gogoi said. The bench asked the gram sabha to decide the issues relating to religious and community rights and Niyam Raja within three months and submit it to the ministry of environment and forests. “The MoEF shall take a final decision on the grant of Stage-II clearance for the bauxite mining project in the light of the decisions of the gram sabha within two months thereafter,” it said. To protect the purity of the decision making process in gram sabha, the court asked the Orissa High Court chief justice to nominate a district judge who would attend the meetings of the village body as an observer and certify that “proceedings of gram sabha took place independently and completely uninfluenced either by project proponents or central government or state government”.”The alumina refinery oroject is well advised to take steps to correct and rectify the alleged violations by it on the terms of the environmental clearance granted by MoEF,” the court said, adding these corrective steps would be taken into account by the ministry while taking a final decision. The stage-II environment clearance to the project would depend on the findings of the gram sabha, which was tasked by the court to determine in three months “whether the proposed mining area, 10 km away from the peak, would in any way affect the abode of Niyam Raja”.By giving this ruling, the apex court made sure that tribal rights – both religious and cultural – cannot be overlooked by project proponents as well as governments, who think that their obligations are discharged by just providing compensatory alternative land to the forest-dwelling community. The environment and related clearances to Vedanta’s alumina project had been a bone of contention between the Congress-led UPA government and the Naveen Patnaik government in Odisha. While the environment ministry had done flip-flops over grant of stage-I clearances and subsequent rejection of stage-II clearance, the Odisha government had maintained that it had taken all environment and tribal aspects into consideration before seeking the central government’s nod. Justice Radhakrishnan, who authored the judgment for the bench, took note of the fact that the gram sabha had received a large number of individual and community claims from Rayagada and Kalahandi districts on allocation of alternative land and had settled most of them. However, the bench noted that an important aspect of the issue – the tribals’ religious right to worship and protect Niyam Raja – had been overlooked by the gram sabha which was duty bound to safeguard the customary and religious rights of the Scheduled Tribes. “We are, therefore, of the view that the question whether STs and other tribal forest dwellers like Dongria Kondh, Kutia Kondh and others have got any religious rights, that is rights of worship over the Niyamgiri hills, known as Nimagiri, near Hundaljali, which is the hilltop known as Niyam Raja, have to be considered by the gram sabha,” the court said. “Gram sabha can also examine whether the proposed mining area Niyama Danger, 10 km away from the peak, would in any way affect the abode of Niyam Raja,” it said. “We find that this aspect of the matter has not been placed before gram sabha for their active consideration,” it said but extended the fresh scrutiny by the village conference body to all other community and religious claims. (Times of India 19/4/13)
WOMEN
32. Women to join police force, DAP to be reorganized (8)
Patna: The state government on Thursday took a policy decision to realise chief minister Nitish Kumar’s promise of filling 35% of posts in the state police with women in constable and sub-inspector ranks. The recruitment process to fill up the vacancies will start soon. In another important decision, it also gave the go ahead to reorganise the district armed police force in companies. Officials said the force personnel would be grouped in 242 armed fighting units. The decisions were taken at a high-level meeting on policerelated issues chaired by the chief minister at his official residence and attended by chief secretary A K Sinha, principal home secretary Amir Subhani and DGP Abhayanand. Referring to the constitution of the 242 new companies, the DGP said 44 specific anti-riot companies would be constituted while the rest of the proposed companies would be responsible for carrying out anti-extremist operations and organised crime. Posts of middle tier police personnel like sub-inspector, inspector and DSP would be sanctioned to man the companies. The anti-riot force would be equipped with the latest antiriot weapons. In yet another important decision, the meeting discussed the modalities for recruitment of women personnel in the uniformed force as per a policy decision to provide 35% of the posts to the fair sex against 47,000 vacancies existing with the police force at present. The appointments to be made, to improve the publicpolice ratio in the state, would be completed in a phasewise manner over the next five years. “It was decided to appoint women personnel in the uniformed force against the sanctioned posts in two phases. The provision for 35% posts for women is in addition to the existing 3% of reserved posts for women belonging to extremely backward classes,” said Abhayanand. He also said the proposal for recruitment of women constables and subinspectors would be sent to the cabinet for its approval soon. Besides, it was also decided that aged police personnel would be assigned the task of civil policing to tackle petty fights and cases of enmity among people. The chief minister also gave his nod for creation of a post of director-in-chief in the forensic science laboratory. The incumbent to the post will be a person having expertise in forensic science. “A directorate will be formed by clubbing the forensic science laboratory, finger prints bureau and photo bureau, which will be headed by the director- in-chief,” said the DGP. “The decisions will go a long way in strengthening the forensic science unit mandated the job of carrying investigations of criminal cases in a scientific manner,” he added. The meeting also discussed the need for better financial management of police department so that rising costs of establishment and other expenses could be managed properly. Those present in the meeting included director general Sunit Kumar, ADG (headquarters) Rabindra Kumar, ADG (special branch) Rajesh Chandra, ADG (CID) A K Upadhyay, IG Anupama Nilekar and IG (operations) Amit Kumar. (Hindustan Times 12/4/13)
33. 2 crore men may soon be without brides: NCW chief (8)
NAGPUR: Marriageable men in India would soon face difficulty finding brides. Female infanticide in the country has led to skewed gender ratio, National Commission for Women (NCW) chairperson Mamta Sharma said here on Wednesday. “What is more alarming is that gender discrimination is more in urban centres that are supposed to have higher literacy rate than in less literate rural areas,” said Sharma. “The situation is worse in north Indian States like Haryana, Rajasthan and Uttar Pradesh. In South India, the ratio is better but in those states the incidence of domestic violence is high,” NCW chief said. “In near future, NCW is apprehensive that the country will have around two crore bachelors who will face difficulty in finding a suitable match if the trend of female infanticide continued,” Sharma said quoting data with NCW. The male-female ratio would drop to such a level that it would be difficult to bridge the gap, Sharma said. NCW was intensifying its awareness campaign to stop female infanticide and killing of female fetuses which was rampant in some parts, particularly north. “The practice continues in most state across the country. Even in Maharashtra, it was rampant in district like Beed,” she added. Asked if recent stringent law against rape would make any difference, Sharma voiced her reservations saying: “A new set of laws would hardly make a difference. Strong laws were already there. What matters more is implementation. There is need for sensitizing the police force as well as judiciary for faster trials and better conviction rates. Victims, mostly from economically poor background, suffer as the police fail to press correct charges and a weak case does not stand in courts,” Sharma remarked. The NCW chief noted that after the recent awareness campaigns by social organizations have been effective. “But there is a long way to go and there is need for change of mindset to give women the respect they deserve,” Sharma noted. NCW would soon sign an MoU with Western Railway for creating awareness among railway staff on suburban trains in Mumbai on how to treat female passengers and commuters while travelling and also how to protect and help them in distress. Sharma, who was here for the inaugural function of “Padharo Rajasthan” festival, said NCW was also initiating steps to curb trafficking from Pakistan, Nepal, China and Bangladesh borders. She said NCW would hold meeting with heads of security forces manning borders to discuss measures to check trafficking. (Times of India 18/4/13)
34. Pregnant woman serious after assault by husband (8)
Gurgaon: A 25-year-old pregnant woman was admitted to Paras Hospital after she was allegedly assaulted by her husband and in-laws on Tuesday. The victim, Suman, is from village Dera in Fatehpur. She is married to Nagendra, a resident of Bandhwadi. The couple has two children. She was later referred to Safdarjung Hospital in New Delhi. According to the police, Suman’s brother had filed a police complaint against her husband and in-laws. The incident took place late Tuesday night while the victim was sleeping with her children. Nagendra entered the room and started beating her up. When Suman complained to her in-laws the next morning, she was brutally beaten up by them too. The police have filed a FIR against Nagendra and his family who are absconding. (Hindustan Times 19/4/13)
35. GSRTC set to appoint 181 women conductors (8)
Ahmedabad: In a move to empower women, the Gujarat State Road Transport Corporation (GSRTC) has created posts for 284 women bus conductors in a first-of-its-kind initiative. Out of these, 181 women were shortlisted recently and will be handed over the appointment letters at an event in Gandhinagar on April 23. “The decision has been taken in accordance with the state policy of 30 per cent reservation for women across sectors. We received 1335 applications and selected 181 after tests,” said the GSRTC secretary P D Patel. At present, the transport corporation has 12,000 conductors and nearly 14,000 drivers. Out of these, only thirteen female conductors have been appointed so far. After they get their appointment letters, these women will undergo a three-day training in Gandhinagar. Talking about the postings of women conductors, Patel added, “For their convenience, they will be posted in their native places only. As the vacancies are across the state, it will not be difficult to place them as per their convenience. Though no relaxation will be given in working hours.” In order to fill the remaining 103 seats of women conductors, the state transport department will advertise for the vacancies soon. Also, for the safety of women passengers, the department plans to launch a helpline sometime next month. The “heat action plan” for city residents, revealed on Tuesday, spells good news for people commuting by bus. One of the plan’s proposals is that when mercury will shoot up beyond alert levels, people travelling in buses should not be made to pay for tickets during the peak time. The Ahmedabad Municipal Corporation (AMC) is about to put its seal of approval on the plan in its standing committee and general board meeting. (Indian Express 19/4/13)
REFUGEES/ MIGRANTS
36. 19 Lankan Tamil refugees reprieved, will not be sent back to Sri Lanka (13)
CHENNAI: About 19 Sri Lankan Tamil refugees who feared deportation after they being stranded in Dubai can breathe easy with the United Nations High Commissioner for Refugees (UNHCR) on Thursday refuting reports that they would be sent back home. “UNHCR is looking for a solution to resettle the 19 refugees in other countries. We have full cooperation from the UAE government and there is no threat of the refugees being sent back to Sri Lanka,” said Babar Baloch, spokesperson for UNHCR in Geneva. There were reports earlier that the refugees who reached Dubai illegally would be deported on April 11.Last October, 45 Sri Lankan Tamil refugees set out in a boat from Tuticorin and were stranded in mid-sea. They were picked up by a Singapore-registered cargo ship and taken to Dubai where they sought asylum through the International Red Cross. They were dropped off in Dubai and entrusted to UNHCR. UNHCR denied refugee status to seven and six were deported to Sri Lanka. “We have been working sincerely to settle them in other countries. Fifteen of the 39 recognized refugees left UAE and 12 are in the process of departing. Resettlement for others may take time. The UAE government has been supporting UNHCR in sheltering the refugees,” Babar said. He was unable to answer how long the UAE government would keep them. “We do not want to speculate,” he said. The refugees had appealed to Tamil leaders for help. MDMK leader Vaiko had requested Prime Minister Manmohan Singh to ensure that the 19 Tamils were not deported. VCK leader Thol Thirumavalavan and others issued statements in support of their resettlement. The family of LTTE spokesperson Ilanthiraiyan, who disappeared during the civil war, are among the 45 refugees. TV presenter Lohini Rathimohan who worked for an LTTE-owned internet channel is among those waiting for resettlement. “She is depressed. She knows what happened to Isaipriya, another TV presenter with the LTTE channel, who was brutally killed by the Sri Lankan Army,” Ramanan, one of the 19, said. Another refugee Niranjani travelled while she was eight months pregnant and delivered a girl in Dubai on December 25, 2012. “She is likely to be sent to the US. Her baby Abinaya is also in need of better living conditions. We stay in a small place near the seashore. We were told that the six deported Tamils are facing problems in Sri Lanka. Though they have no issues with the government, they are facing trouble. If we are forced to go back to Sri Lanka, there is no assurance that our lives will be spared,” Ramanan said. (Times of India 12/4/13)
37. UAE-funded camp offers refuge to fleeing Syrians (13)
Abu Dhabi, April 14 : A refugee camp funded by the UAE will offer safety and stability to people fleeing the violence in Syria, a daily said. By September, up to 2,000 pupils will be able to attend lessons at the camp in Mrajeeb Al Fhood, 37 km from the Syrian border. The UAE Red Crescent Authority’s (RCA) newly opened camp will have two schools and hospitals and gives refugees caravans to live in instead of tents, the Abu Dhabi-based The National daily reported. “There will be two schools, one for boys and one for girls. It will have first grade to high school. They can take in 2,000 students. If there is a need, they will open two shifts and it will be open to 4,000 students. We can open more schools, if needed,” said RCA chairman Ahmed Al Mazrouei. “There is landscaping, football fields, there are caravans, not tents. There are kitchens and as a refugee you don’t cook. You can get your meals delivered to your door.” Phase one of the camp opened at an initial cost of 26 million dirhams. Once finished, it will house up to 25,000 refugees. The camp was proof of the commitment the UAE made to Syrian refugees at a donors conference for Syria held in Kuwait in January, where the UAE pledged 1.1 billion dirhams in aid, the daily said. The RCA has so far spent more than 50 million dirhams. It is estimated that 70,000 Syrians have been killed and more than one million forced to flee to Lebanon, Turkey and Jordan as result of the conflict. (New Kerala 14/4/13)
38. Police thwart bid by 4 refugees to return (13)
RAMANATHAPURAM: Police have thwarted an attempt by four Sri Lankan refugees who tried to return home through illegal means and arrested a refugee who acted as an agent for them. Ramar (35) and his wife Rajeswari (25) from Sivagiripettai camp in Dindigul district, Jesuraja (31) from Kangeyam camp in Tirupur district and Yazhini (28) from Palani camp assembled under the Pamban road bridge on Friday night, when police, acting on a tip-off, intercepted them. Interrogation revealed that Rajasekar, a refugee from Mandapam camp, had promised them to arrange for their return to Mannar through illegal ferrying after collecting Rs 6,000 from each. It was yet to be ascertained whether he had tied up with any fisherman for a boat, police said. Police arrested Rajasekar under Sections 13 and 14 of Foreigners Act. He was produced before the Judicial Magistrate court in Rameswaram and is being taken to Chennai for lodging in judicial custody in Puzhal central prison, police said. Superintendent of Police N.M. Mylvahanan said the four refugees opted for illegal means to return to their homeland as they could not go through legal means. Yazhini, who came to the State as a four-year-old child, did not have a birth certificate and could not obtain exit permit, the SP said. In case of Rajeswari, she was said to have married Ramar after deserting her husband and she could not obtain exit permit without the consent of her first husband, the SP said, adding that she was planning to go to a Gulf country after reaching Sri Lanka. Jesuraja also could not get exit permit immediately as he has been cited as a witness in a murder case in Kangeyam and he has to remain here till the case was disposed of, the SP said, adding that the refugees would be sent back to their respective camps after interrogation. (The Hindu 15/4/13)
39. PoK refugees stage protest in Jammu (13)
Jammu: An organisation representating Pakistan occupied Kashmir refugees staged a protest on Sunday demanding permanent rehabilitation package of Rs. 1,700 crore from the government. Led by General Secretary of PoK Refugees Front (POKRF), Rachhpal Singh Chib, over 300 refugees, including women, assembled near Press Club here and attempted to march towards Civil Secretariat, but were stopped by police, leading to a clash. The refugees were demanding rehabilitation package of Rs. 1,700 crore, which was submitted by state government to central government, on the patten of one-time settlement package for refugees declared by the Centre. The state government had submitted a proposal to the Centre in August last year but it has not been approved by the Union government till date, Chib said. “There is no visible action by the state government. Even the team of 22 Central secretaries led by Cabinet secretary Ajit Seth did not bother to take assessment of the submitted package and discuss the refugee issues,” he said. Singh said the Front appealed to all refugees to boycott the ruling political alliance of National Conference and Congress in state and national polls. (Hindustan Times 16/4/13)
JUDICIARY/ LAW
40. PIL challenges Aadhar card compulsion, govt on notice (19)
New Delhi: The Delhi High Court on Wednesday asked the Delhi government to reply to a plea seeking quashing of its executive orders to make Aadhar cards compulsory for the public to avail of various benefits and services. Justice Rajiv Shakdher issued a notice to the Delhi government, seeking its view on a public interest litigation that termed the executive orders issued by the government of making the cards mandatory “illegal”. Petitioner Ashutosh Chadola contended that the planning commission has said the cards were only optional and no one can be forced to get the card. The petition sought a direction to the government to accept other identity and address proofs such as voter ID card, passport and other documents, prescribed by the Central Motor Vehicles Rules, for availing public services in Delhi. “The entire (Aadhaar) project (of Planning Commission) is meant to be voluntary in nature and this is reflected in the Aadhar enrolment form that clearly mentions that the Aadhar enrolment is free and voluntary,” it said. The petition contended that the project was launched to empower the poor, who lack ID proofs, in accessing various welfare and other services. The government, however, issued executive orders and made Aadhar mandatory for obtaining various certificates relating to “caste, domicile, income, death and birth.” Aadhar has also been made necessary for registration of various documents relating to property, will and marriages, the petition said. It said the constitutional validity of UIDAI has been challenged in the Supreme Court and till the case is decided, “the burden of obtaining an Aadhar should not be made mandatory on the public for availing public services.” (Hindustan Times 12/4/13)
41. Bombay high court to hear PIL on custodial deaths (19)
MUMBAI: Bombay High Court is slated to hear on Monday a public interest regarding custodial deaths at Thane Central Prison in 1996. HC in 1997 converted into a petition a letter written by social activist N R Soni following news reports of three custodial deaths. In 2008, the HC converted it into a PIL and appointed advocate Madhav Jamdar as amicus curie (friend of court). The court had thereafter directed a magisterial inquiry. an inquiry into the death in September 1996 of an undertrial Robert Almeida. Almeida, who was arrested by Vikhroli police for assaulting his father under the influence of alcohol, was found dead i n his prison cell on September 1, 1996 with injury marks on his body. Post mortem report said that he had died of brain haemorrhage. Fourteen years later, a sub-divisional magistrate’s inquiry revealed that he died due to police torture in prison. The report was submitted to the HC. The PIL will come up for hearing before a division bench of Justice P V Hardas and Justice Mridula Bhatkar. (Times of India 15/4/13)
42. Chief justice laments lack of suitable candidates for judges (19)
Thane: Bombay high court chief justice Mohit Shah has expressed concern over lack of suitable candidates for post of judges for various courts in the state. Addressing the state conference of the Bar Council of Maharashtra and Goa in Thane on Sunday, justice Shah urged the Bar Council to conduct certain courses for training of candidates for the posts of judges. If there are no sufficient judges, the system and judgement will be affected and there will be pendency, he said. As compared to other states where there were 13-15 judges per 10 lakhs, the figure was 18 in Maharashtra. He said they were facing the problem of filling existing vacancies of judges as there were no competent lawyers for the post. He said that in 2010 when they advertised for 100 judges, they were able to get as many. In 2011, when they advertised for 100 judges, they got just 41 and in 2012 when they advertised for 159 judges they were able to recruit 55 judges. The Bar Council should conduct a drive to facilitate proper candidates and some training classes for them, he said. The situation was not good for recruitment of district judges also, he said. Against 29 vacancies, we could get only two district judges, he said. The chief justice also said that proceedings in the High Court will remain in English only and asked the judges at the district level to write 50% of the judgements in Marathi and the balance in English. (Hindustan Times 16/4/13)
43. Govt lawyer, seven others to take charge as HC judges (19)
New Delhi: Advocate Najmi Waziri, who has been serving as the standing counsel for Delhi government (civil cases) for the past seven years, is among the five lawyers to be sworn in as additional judges of the Delhi high court on Wednesday. Waziri had successfully defended the government when many of its policies such as regularisation of unauthorised colonies, phase-out of bluelines, hiking of court fees were challenged. He had also assisted the court that had issued a slew of directions in view of public interest litigations seeking night shelters, removal of polluting industries, probe against ghost employees in the MCD, welfare measures for labourers involved in construction of commonwealth games-related projects, various environmental issues, free seats for poor children in schools and free beds for poor patients in hospitals. Four other lawyers to become judges are VK Rao, Sanjeev Sachdeva, Jayant Nath and Vibhu Bakhru. Chief Justice D Murugesan will administer the oath of office to all the eight new judges on Wednesday morning. (Hindustan Times 17/4/13)
44. New proposal for appointment of judges not taken up by cabinet (19)
New Delhi: The Union Cabinet today did not take up for consideration the much-anticipated proposal to establish a new mechanism giving a say to the government in appointment of judges to the higher judiciary. The Cabinet was expected to take up the proposal that envisages replacing the present collegium system, under which judges alone decide the appointments to the higher judiciary, in its meeting today but decided to postpone it. Another proposal to make amendments to the Prevention of Corruption Act was also not taken up by the Cabinet, ostensibly due to paucity of time. The government proposes to set up a six-member Judicial Appointments Commission headed by the Chief Justice of India with the Law Minister as a representative of the government. The JAC will also have two judges of the Supreme Court, two eminent jurists nominated by the President as members. The government is open to include the Leader of Opposition in the Commission. The proposal, which replaces the present system of Collegium appointing judges, will require a Constitutional amendment. The Collegium is a five-member body headed by the Chief Justice of India and includes four other seniormost judges. The proposal has been hanging fire for several years because of strong resistance by the judiciary. “One view has been that the Leader of the Opposition should be made a member of JAC. This suggestion could be considered,” the Cabinet note of the Law Ministry reads. Secretary, Department of Justice, will be the Convener of the panel. The move would entail amendments to Articles 124, 217, 222 and 231 of the Constitution and insertion of Article 124 A. The views of the Governors, Chief Ministers and respective Chief Justices of the 24 High Courts will be elicited in writing for appointment of judges as per the procedure which could be determined by the JAC. (Indian Express 18/4/13)