#India -Village falls within Jaitapur nuclear reactor’s 2-km danger zone #WTFnews

Nitin Ghanekar reports in  Hindustan times, June 10, 2013

Since we are so close to the plant, we fear that we might be displaced.
SACHIN WAGH DHARE, a Dhanivare resident

JAITAPUR/MUMBAI: Residents of Dhanivare village are a worried lot. Given the proximity of their hamlet to the proposed Jaitapur nuclear power plant site (JNPP), the village falls in a range of 0 to 2 km distance from the plant, which makes it a part of the plant’s exclusion zone.

A nuclear plant is supposed to have an exclusion zone of 1.6 km around the nuclear reactors, making this area uninhabitable. That the JNPP site can be accessed from Dhanivare village on foot within five minutes makes the hamlet’s proximity to the site clear. But the Nuclear Power Corporation of India Limited (NPCIL) seems to have forgotten this tiny hamlet when claiming that that no house would be displaced while creating the exclusion zone.

When HT contacted additional chief engineer of JNPP SG Galgali, and asked him about the fate of Dhanivare, he said, “The nuclear reactors at JNPP would be located along the shore in a northsouth direction near the Rajapur bay lighthouse. They would be located in such a way that no village falls in the 1.6kms exclusion zone.”

However, a report from the Department of Atomic Energy (DAE) states otherwise. Recently, under the Right to Information Act, Mumbai residents Premanand Tivarkar and Dr Bhikaji Waghdhare obtained a site selection committee report dated September 2002. The report detailing the population in villages around the Jaitapur site says, “Dhanivade, a hamlet of Madban, falls within the 1.6 km exclusion zone and has an estimated population of 135.”

Galgali said, “The report might have stated that the hamlet is in the exclusion zone, but the positioning of the plant will not displace its residents.”

Residents of Dhanivare said that the NPCIL’s attempts to encroach on their mango orchards might be their way of pressurising them to relocate. “We never received any notices from NPCIL regarding land acquisition or any exclusion zone. As we are so close to the plant, we fear we might be displaced,” said Sachin Waghdhare, a resident of Dhanivare.

N-plant encroaching on our orchards’

Boundary wall built by NPCIL for Jaitapur power plant passes through mango groves that are a source of livelihood for an entire village

JAITAPUR/MUMBAI: Even as French nuclear giant Areva, officials from Department of Atomic Energy (DAE) and Nuclear Power Corporation of India Limited (NPCIL) met to work out a financial package that would fund two 1,650 megawatt reactors at Jaitapur, residents of Dhanivare village near the plant site have alleged that there is a quiet attempt by NPCIL to encroach on village land not marked for acquisition.

Dhanivare is a hamlet of less than 200 people located within a 2-kilometre distance from the proposed Jaitapur nuclear power plant (JNPP). The residents of the village, many of who own mango orchards, have alleged that NPCIL and their sub-contractors have been trespassing on their land — marked as ‘survey no. 119’ — and are trying to encroach on it to build an unfinished boundary wall outside the plant site. This has allegedly been going on for over two years.

Survey no. 119 was not a part of the land acquired by the Ratnagiri district administration for JNPP. It did not feature in the list of notified lands to be acquired for JNPP, published by the Konkan administrative division in the Ratnagiri edition of Tarun Bharat newspaper on January 10, 2007. Current district collector Rajeev Jadhav also attested to this. The land in question is home to around 500 mango trees that serve as a source of livelihood for Dhanivare residents.

Recent developments in the area are contrary to NPCIL’s claims that villagers’ livelihood would not be snatched away due to the project.

Though the issue dates back over two years, a fortnight ago, residents said that NPCIL officials arrived at the land in question with a bulldozer and civil supplies in an effort to continue work on the incomplete wall. “There was a wedding in the hamlet so many of us were away. When we returned to our orchards, we saw that a few people had entered our property and were trying to carry out civil work. We protested and drove them away,” said Sachin Waghdhare, a resident of Dhanivare who owns close to 150 mango trees and earns between Rs50,000 and Rs1,00,000 from it annually. Even before this, villagers found paint markings running across orchards, starting from the unfinished wall, right up to the pathway to orchards. “The paint markings indicated that they (NPCIL) want to encroach into our villages. If this happens, all of us would lose our livelihoods,” he added.

Bhikaji Waghdhare, the sarpanch of Madban gram panchayat, of which Dhanivare is a part, sent a letter on May 31 informing the district collector about the markings and tree felling. When HT contacted Ratnagiri collector Rajeev Jadhav, he said, “I have not yet seen such a letter, but if NPCIL is encroaching on land not meant to be acquired for JNPP, we will follow the rule of law to take action.”

Villagers claim the issue dates back to December 2010, when the NPCIL started construction of a wall that was to pass through the mango orchards. Back then, villagers had protested against NPCIL’s activities and had even sent a complaint to the then collector of Ratnagiri and to the Sakhari Nate police station, alerting them about this issue. Through sustained protests they managed to stop the construction. Later, in 2011, Mumbai resident Dr Bhikaji Waghdhare, 74, a native of Madban, filed a writ petition in the Bombay high court. The court had found the petition to be substantive but asked Dr Waghdhare to pursue the case at the local district court in Ratnagiri. Owing to ill-health, Dr Waghdhare did not pursue the case. He owns 0.60 hectares of land that bears 160 mango trees, 40 toddy palm trees and one well. “I sought survey maps under right to information (RTI) act and they indicate that the area where NPCIL is trying to carry out work is survey no. 119,” said Dr Waghdhare. HT is in possession of those maps. Besides, in a reply to an RTI application filed by Mumbai resident Premanand Tiwarkar, NPCIL admitted, that survey no. 119 was not acquired for JNPP.

HT mailed a detailed questionnaire to NPCIL, sent text messages to officials and also tried to contact senior officials to seek their response, but there was no reply.

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#India- Political Parties afraid of #RTI

 

Let’s ask the political parties what makes them fear public scrutiny

Shailesh Gandhi

15-06-2013, Issue 24 Volume 10

 

Illustration: Vikram Nongmaithem

The recent decision of the Central Information Commission (CIC) to bring political parties within the ambit of the Right to Information (RTI) Act is a welcome step. And there’s nothing surprising in the way the political parties have reacted to it. After all, no one in a position of power wants to be transparent. It’s almost a human tendency. In this case, the political class clearly does not know what the RTI is. In fact, a common user of the RTIknows it better than them. The negative reactions of the political class stem from the typical mindset of “why should I?”

Three key questions must in turn be asked of the political parties. Firstly, are they not financed by government funds? If they are not, the CIC’s judgment is flawed. But if they are, then they must come under the RTI. The RTI Act clearly says any non-government organisation that is substantially financed by government funds is a public authority — and that includes political parties. In this judgment, the bench has clearly cited instances of the massive tax exemptions they get, the huge subsidies on the government land allotted to them and so on.

Secondly, are they are not receiving funds in crores? Isn’t that substantial? They cannot refute that it is and so they are public authorities as defined by law. If they still object, they must explain why they should not be subject to RTI.

Thirdly, do the political parties believe transparency will do them good? If they don’t, then we must ask them what harm it would do.

If you are a public authority, you come under the RTI. but the Act also provides exemptions to protect you from disclosure of certain types of information. based on these exemptions, various public authorities have now functioned for over seven years without any major damage to the institutions.

The parties ask, how can people dictate how they choose candidates. The answer is, they cannot. The information that parties do not have on record, is not information and hence does not have to be provided. but citizens have the right to ask if there is a process and what are the criteria laid down. beyond that, this law doesn’t in any way allow the citizen to “dictate” any terms. besides, the humble Indian citizen cannot dictate to the powerful, but can hope to speak the truth to power, and make them truthful.

Parties also argue that they are already monitored by the Election commission. come election time, they go and beg for votes. Are they saying they don’t want ordinary citizens to monitor them? That they are not answerable to individual citizens, and find the idea abhorrent? Let them answer that and we will know where we stand. Some political parties even declared themselves as private organisations. Do they really think they are businesses?

I think the political parties don’t really know where they might get hit. The CWG scam got exposed because of RTI. It’s an unknown animal, and so political parties believe it’s best to avoid it. Some of their illegal acts, their arbitrariness, may come out, hence the fear.

If you become transparent, you become better. Transparency is a tool for self-improvement and in the long-term interest of the political parties. Today, we have a trust deficit that may lessen if they become transparent. Tomorrow, if the BJP says they will do it, the congress will also fall in line, provided there is a national clamour.

If they choose to take the CIC order to court, it will be unfortunate and cause an indefinite delay, in case the court stays the order. One of the respondents, the Association for Democratic reforms, a civil society group, has already filed a caveat in the Delhi High Court, asking to be heard before any political party gets a stay against the CIC order.

The rhetoric on news channels has been mostly along the lines of “shouldn’t the citizens know?” That’s a side comment, but not a valid legal argument. An organisation doesn’t become a public authority on the grounds that “a citizen must know”. we have a strong case as the parties are substantially funded by the government, and are therefore public authorities as defined in the RTI Act.

As a believer in transparency, I think a ‘No RTI, No Vote’ campaign is a great idea. If we can build up a nationwide clamour for it, there is some hope that this order will be effectively implemented. That will be an extremely important step for democracy.

(As told to Shonali Ghosal)

letters@tehelka.com

(Published in Tehelka Magaz

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UPA-II failed to deliver on its promises: Aruna Roy’s report card

by Pallavi Polanki May 25, 2013

 National Advisory Council (NAC) member and leading social activist Aruna Roy has come down heavily on the government for its poor performance in the social sector.

Roy, an instrumental force behind the Right to Information Act, criticised the government for stalling on essential legislations such as the Food Security Bill, the Land Acquisition Bill and the Lokpal Bill.

Roy spoke to Firstpost about UPA-II’s record on inclusive growth, the government’s new advertising campaign and the UPA’s biggest challenge as it goes into polls in 2014.

Excerpts from the Interview:

 

Has UPA-II delivered on its promise of inclusive growth?

While UPA-I delivered on some essential promises in the social sector such as MGNREGA (National Rural Employment Guarantee Act) and the Forest Rights Act, UPA-II has made promises which it has failed to deliver.

The Food Security Bill lies in Parliament waiting to be passed with little time left for debate on its provisions or to strengthen its framework. In fact, there seems to be a real danger that it may not get passed at all.

The Land Acquisition bill which has been mired in controversy has also not moved beyond the stage of the Standing Committee. Even the much touted UID-based direct benefit transfer has encountered basic problems and is a non-starter.

Roy has said the government failed to deliver on many promises. Image courtesy: Ibnlive

The UPA-II promised a revamping of the National Social Assistance Programme to move towards universal and enhanced pensions for the elderly, single women, and disabled. However, this too remains unfulfilled. The question of money seems to have dominated all decisions related to the social sector, so much so that many states are talking about a cash crunch in MGNREGA.

The Right to Education Act was passed during UPA-II, but the implementation of its progressive provisions remains crippled due to a lack of resources needed to meet commitments.

Corruption scandals have rocked UPA-II with disturbing regularity. How has government fared in bringing more transparency in governance?

An area where the performance of UPA-II has been deeply disappointing is in its inability to deliver on basic governance legislation of critical importance to the country today. The debate around the Lokpal Bill resulted in several pieces of draft legislation which would undoubtedly help citizens ensure accountability of the government and its officials. Apart from the Lokpal Bill, the Grievance Redress Bill, the Whistleblower Protection Bill, the Judicial Accountability Bill are legislations that should be passed immediately.

The Whistleblower Protection Bill and the Grievance Redress Bill actually affect the right to live of the poor in significant ways. An effective Grievance Redress Bill could have been like an RTI part II for UPA-II. Instead, the Government exempted its premier anti-corruption investigating agency – the CBI from scrutiny under the RTI Act, and has now been forced by the Supreme Court to promise independence in investigation of corruption cases.

If the Government has any intent of addressing corruption and arbitrary use of power, anti- corruption agencies must be made independent, transparent, and accountable, and this basket of accountability legislations, which have come to Parliament after much public action over the last two years, must be passed immediately.

What do you make of the publicity campaign released recently by UPA-II to highlight its achievements in the social sector. Is the UPA making the same mistake that the NDA made in 2004 with the ‘India Shining’ campaign?

It is true that the “game changer” label given to the UID-based cash transfer/direct benefit transfer seems to resonate with the NDAs ‘India Shining’ campaign. In both cases, there is little that is delivered to the poor in real terms and the triumphant claims only served to rub salt in the wounds of large numbers of suffering and marginalised people.

Does the UID system create more problems for the poor? AFP

The attempt to ensure that money reaches the beneficiary without leakages along the way is laudable, but imposing an impractical and untested centralized delivery platform like the UID on a complex development structure can complicate existing systems and exclude large numbers of people.

The results from the roll out districts speak for themselves. Miniscule numbers of beneficiaries have received money through this platform and even in these cases there has been no additional benefit to them. For the poor as a whole, there has been the added problems and irritants associated with having to acquire a UID number on which all entitlements will be tethered.

If wisdom prevails, UPA-II even in its last year would concentrate on delivering on its social sector promises: ensure that food and pension entitlements are made a reality, enact citizen-centred accountability systems to guarantee delivery of entitlements and fix accountability of officials.

What will be the UPA’s biggest challenge as it goes into polls in 2014?

The challenge for any government is to deliver on its promises and the UPA II will be evaluated on its implementation of promises made. The questions it will have to answer are: what are ways in which it has promoted or vitiated the achievements of UPA-I ,vis-a-vis the Right to Information, MGNREGA, Forest Rights Act, etc?

Two, has it delivered on its promises of inclusive growth in UPA II – Right to Food, Pensions, Education, Health, etc? And three, has it provided a real answer to the widespread frustration of people about the lack of accountability at all levels and numbers of cases of grand corruption that have been regularly coming to light?

I don’t wish to speculate on what the results of a particular election will be. I do, however, believe that a government has a duty to deliver on promises it has made to its electorate.

The India Shining Campaign demonstrated that people are shrewd and respond only when real benefits reach them. Tall claims and slick campaigns do not get votes. Slogans are seen as mere rhetoric. It would be a mistake not to recognize that people can understand political intent through delivery.

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DAE 1972 Chakravarty Report states Jaitapur has potential sources of Earthquake

 

 

 

 

 

A section of the Jaitapur nuclear plant site selection committee’s report that was withheld by the government and was recently retrieved by a local Premanand Tiwarkar through the Right to Information Act (RTI) contradicts Nuclear Power Corporation of India Limited’s (NPCIL) claim that the site is fit for a nuclear plant.

 

A 1972 study by the Site Selection Committee of the DAE states d, “Tectonic features in the region can be regarded as potential sources of earthquakes as some of them may get reactivated at any point….”

 

The relevent parts of report can be downloaded here

 

 

 

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#India – Centre’s report indicates Nuclear plant not safe for Jaitapur

Sunday, Apr 28, 2013, | Place: Mumbai | Agency: DNA

Dilnaz Boga

A section of the Jaitapur nuclear plant site selection committee’s report that was withheld by the government and was recently retrieved by a local Premanand Tiwarkar through the Right to Information Act (RTI) contradicts Nuclear Power Corporation of India Limited‘s (NPCIL) claim that the site is fit for a nuclear plant.

A section of the Jaitapur nuclear plant site selection committee’s report that was withheld by the government and was recently retrieved by a local Premanand Tiwarkar through the Right to Information Act (RTI) contradicts Nuclear Power Corporation of India Limited’s (NPCIL) claim that the site is fit for a nuclear plant.

In the past there have been other studies on the region that have stated that the area is prone to earthquakes and tsunamis. However, some pages of the September 2002 ‘Report no 3 Assessment of sites for locating nuclear plants’, which was kept confidential by Centre’s Department of Atomic Energy (DAE), is the first report made public by the government that states the site is unsafe for a nuclear plant.

The NPCIL had earlier assured locals that the 90-ft high plateau would be adequate to protect the plant in event of a tsunami but the DAE report contradicts NPCIL’s claim. The DAE states that the plateau is made of laterites which is derived from basaltic rock that make the site dangerous.

The report also states, “The seacoast at the Jaitapur site is prone to erosion by breaker (waves) as evidenced by the large number of boulders strewn below the cliff.”

Activists opposed to the nuclear site also say that DAE had initially stated that the construction of the plant would not require excavation. However, they have recently informed the locals that 20 to 30 metres of the lateritic cover and the underlying weathered zone would have to be excavated. This would make the plant susceptible to tsunamis. A 1972 study by the Site Selection Committee of the DAE also stated, “Tectonic features in the region can be regarded as potential sources of earthquakes as some of them may get reactivated at any point….”

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Expose- Loksatta Party Anti -Women, Anti- SC/ST shaking hands with Hindutva forces #Vaw

Kamayani Bali Mahabal, Mumbai, April 20th 2013, Kractivism

Lok Satta is a political party in India, founded by Jayaprakash Narayan. Since 1996, the Lok Satta Movement functioned as a non-governmental organization, but on 2 October 2006, the movement was reorganized into a formal political party. The party intends to further the causes of the Lok Satta Movement, including a reduction in the size of the cabinet, promotion of the Right to Information Act, and disclosure of criminal records and assets by political candidates. Beginning with the 2009 elections the party has adopted a whistle as their official symbol.

The aims and objectives of Lok Satta Party are:

• To establish a new political culture which will place the citizen at the centre of governance;
• To protect the unity and integrity of India at all times and create a secular and just republic in which the citizen will be the true sovereign;
• To nurture, protect and promote the constitutional values of liberty, justice and equality for all;
• To create a political, economic and social environment which will ensure equal opportunities for vertical mobility to all sections of society, irrespective of caste, ethnicity, religion, or gender.
• To eliminate all forms of discrimination by birth and guarantee dignity and opportunity to every citizen irrespective of origin and status; and to promote social equality and justice and fully integrate all disadvantaged sections including dalits, adivasis and socially and economically backward classes; 
• To ensure that every child, irrespective of her origins and socio-economic position, has reasonable access to quality education which will provide an opportunity to fulfill her true potential.
• To build a viable and effective healthcare system which reaches every man, woman and child and guarantees good health to all, irrespective of economic status or birth;
• To promote and implement policies aimed at rejuvenation of Indian agriculture, and substantial enhancement of rural incomes and improvement of quality of life;
• To ensure that every young person acquires adequate knowledge and skills to make her a productive partner in wealth creation and thereby promote gainful employment and economic opportunities;
• To ensure that every family,, rural or urban,, gets access to basic amenities of life including housing, sanitation and transport and opportunity for earning a decent livelihood;
• To provide social security to the vast, underpaid, dispossessed and unorganized sector workers;

• To empower women and provide opportunities for their economic, social and political advancement; 

• To promote public awareness about democratic functioning of all institutions of governance and encourage reasoned debate and healthy public discourse.
• To establish a people-centric democratic polity based on liberty, self-governance, empowerment of citizens, rule of law and self-correcting institutional mechanisms.
• To work for fundamental political, electoral and governance reforms listed below:
  • Effective separation of legislature, executive and judiciary at all levels with appropriate checks and balances;
  • Political reforms which make elections truly democratic, representative and transparent; facilitate and promote the participation of men and women of integrity in the political process and curb electoral malpractices;
  • Effective empowerment of local governments at all levels in all respects as participative tiers of constitutional, democratic governance with their own legislature and executive, in a manner that authority and accountability fuse, and the link between vote and public good and taxes and services is fully established;
  • Speedy, accessible, effective and affordable justice at all levels to all citizens, irrespective of means and station at birth;
  • Insulate crime investigation from the vagaries of partisan politics and to make police effective, citizen friendly, accountable and just in all respects;
  • Combat corruption and mis-governance through an institutional framework which will enhance transparency and accountability at all levels of administration.
  • http://www.loksatta.org/

What is LOKSATTA PARTY’s STAND ON WOMEN’S RIGHTS and RESERVATION FOR SC/ST in education-employment?

Phanisai Bharadwaj, their CANDIDATE for Bangalore South Assembly Constituency is ANTI-WOMEN and against SC/ ST reservation.

He is part of women-hating, so-called men’s rights groups that seem to believe they’re the oppressed sex and constantly spread mis/disinformation about women and laws meant to protect women (E.g. DV Act) from abuse of various kinds. He seems to be a contact person for the Centre for Men’s Rights (http://menrights.org/).

And please do check out the MENRIGHTS CHARTER

Charter
Aims and Objectives

Our aims and objectives are to promote men’s welfare and their human rights and prevent abuse of men’s rights. We aim to reduce suicide rate of men and create more acceptability and choices for men in society. Therefore, we aim to work towards:

Promoting laws which do not marginalize men or undermine their role in families and society.
Creating genuine implementation of the Indian constitution’s goal for equality for both sexes by way of judicial and executive reforms
Forming support groups for men facing abuse of their rights simply because they happen to be of male gender.
Reject all attempts to dilute men’s fundamental rights in the name of women empowerment or any other social engineering goals.
Focus on children welfare being important and reduce attempts to remove fathers and reduce their role in lives of their children
Create awareness about adverse effects of father-child separation following divorce or separation under “sole custody” arrangements and the need for allowing meaningful parenting role to fathers.
In order to fulfil the objectives of this organization we will

Provide counselling to men facing any violation of their fundamental or human rights mainly because of their male gender
Strive for gender equality in laws related to marriage, divorce, child custody and domestic abuse.
Conduct public awareness events, workshops, seminars, and press conferences on issues of men’s rights and welfare
Make representations and disseminate information to lawmakers, judiciary, and various authorities of the Government and Semi-government organizations, Not-for-profit organizations and other national and international agencies and promote discussion on issues related to men’s rights and welfare
Conduct and promote research on issues related to men’s health and well-being in all areas of life, and promote the same to government and other agencies.

Dr. Meenakshi Bharath, a long time social & civic activist, is now a Loksatta Candidate for MLA Malleswaram.

Dr Meenakshi Bharath is a Gynaecologist and Fertility specialist at Centre for Assisted Reproductive Techniques (CART), a green campaigner, an advocate for Clean Bangalore, a strident voice for garbage segregation and recycling and a relentless fighter to create visibility for the problems of voiceless people.

Dr Meenakshi believes that children and youth have the power to impact
India’s future positively and works a lot with them. After so many years in public service, working on different domains such as voter list correction, solid waste management and health awareness campaigns, Dr Meenakshi feels privileged to have gained so many friends and well wishers, who have now become an invaluable part of her life.

Below is her wish for India ?  The Indiashe wants to see … rose petals being showered on RSS guys ??  WAH she shared on Facebook

Similarly for Rupa Rani , joins hand with all hindutva forces for holy cow. Rupa Rani is a pharmacy professional and passionate about governance and politics. As a member of Loksatta party, she believes that true change is possible when we change the political culture and the players.

Her website says as follows – http://www.shetrusts.org/

” Life without liberty is like a body without spirit ” !

Instead of giving a politician the keys to the city, it might be better to change the locks. We hang the petty thieves and appoint the great ones to public office. No real social change has ever been brought about without a revolution… revolution is but thought carried into action.  My hope is that 10 years from now, after I’ve been across the street at work for a while, they’ll all be glad they gave me that wonderful vote.

She is running for	Office: MLA – Rajajinagar assembly constituency County: KARNATAKA District: rajaji nagar assembly constituency Party: Loksatta

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Another Gang Rape in India Puts Focus on Survivors #Vaw

 

By Swapna Majumdar

WeNews correspondent

Tuesday, April 16, 2013

The new rape law in India steps up punishment of rape, stalking, voyeurism and acid attacks; a big achievement for safety activists. But they say it’s not enough to focus on the perpetrators. The government also needs to help people who survive these attacks.

NEW DELHI (WOMENSENEWS)–Women’s groups here are hailing a new law, passed March 21, that stiffens punishments of sexual violence in the aftermath of the notorious gang rape last December that left a medical student dead.

“The bill has made some huge improvements. By making stalking and voyeurism punishable for the first time, the law has recognized insidious forms of sexual violence against women. This is a big step forward,” says Kamla Bhasin, a veteran activist and advisor at Sangat, a South Asian feminist network based in Delhi.

Since stalking is often the first stage of a crime against women, Bhasin says, if it is not stopped or punished it can escalate to rape and murder. However, she adds that the real deterrence will come from changes in cultural attitude.

“The law is necessary. But laws alone cannot bring lasting change. Society needs to change their patriarchal attitude towards women. The public outrage against the Dec. 16 rape showed that it is happening. We need to keep pursuing multipronged efforts to sensitize both men and women,” she says.

Equally important, many activists say, are protections and support programs for rape victims who survive their ordeals and need help contending with the aftermath of threats and harassment.

“Poor families need the financial resources to rebuild their lives,” says Kavita Krishnan, secretary of All India Progressive Women’s Association, a group affiliated with the Communist Party of India (Marxist-Leninist) Liberation. “Relocating is not easy for economically disadvantaged victims. Neither can they afford medical care. The government must announce a fund for their rehabilitation.”

Another Gang Rape

Concern for the plight of survivors has been fuelled by the case of a 16-year–old student in the northeastern Indian state of Meghalaya, who was also gang raped last December. The victim was attacked by 18 males, many of whom were minors.

Following the arrest of 17 men, the survivor was re-victimized by verbal taunts as well as death threats from people close to the accused. She felt compelled to move to a new town to avoid humiliation and to pursue her studies.

Last month, local authorities were spurred by media reports about the victim to ensure that she was admitted to a new school that had denied her entry.

Activists are planning to push for stronger public commitments to survivors.

“The government must announce an economic package that helps the victim access good health care and counseling,” says Ranjana Kumari, director of the Center for Social Research, a New Delhi-based nongovernmental organization working to empower women. “It is India’s constitutional responsibility to provide safety to women in the country. If it cannot do that, the least it can do is support them at the time they need it the most.”

On March 22 the Delhi High Court set aside a fast track court’s order restraining the media from covering the trial of the Dec. 16 gang rape, being held here. However, it put some restrictions, saying that the name of the victim or her family could not be revealed. It also barred the media from reporting the names of the witnesses in the case.

Activists and opposition parties have welcomed the lifting of the gag, saying it will help keep the spotlight on the issue of safety for women.

The case could see some more revelations with the bizarre death of one of the accused, Ram Singh, found hanging in Delhi’s Tihar prison on March 11. The parents of 33-year-old Singh have alleged foul play, claiming their son could not have hanged himself in his cell at around 5 a.m. since his arms were disabled. An inquiry has been ordered by Tihar jail authorities.

Slow Fund Implementation

Safety activists, meanwhile, are impatient with government’s pace of implementing a $184 million remembrance fund for the medical student who was killed in December.

A month after the Indian government announced the fund, there is no spending plan; no indication of whether it will fund existing women’s safety and empowerment programs or be spent to improve policing.

Called Nirbhaya (fearless), after the pseudonym given to the victim, the fund was announced Feb. 28 by the Indian finance minister during his budget speech in Parliament.

“Firstly the fund is inadequate,” says Krishnan, of the All India Progressive Women’s Association. “It is more of a token gesture. Nevertheless, if the government really wanted to show its support to women, some directions on how this fund will be used and by which department should have been given.”

Kumari, of the Center for Social Research, says she filed an application under the government’s Right to Information Act questioning how the fund will be used.

On March 21, both houses of India’s Parliament passed an anti-rape bill. Under the changes, the minimum sentence for gang rape, rape of a minor or rape by police officers or a person in authority will be doubled to 20 years, from the previous seven to 10 years, and can be extended to life without parole.

The bill stipulates the death penalty for repeat rapists and, for the first time, makes second occurrences of voyeurism and stalking non-bailable offences. Also for the first time, acid attacks are now defined as a crime and perpetrators face a minimum 10-year jail term.

Although the new law imposes stricter punishment for police officers who fail to properly register complaints of sexual assault, more police training and gender sensitization is needed, says Kalpana Vishwanath of Jagori, a New Delhi-based advocacy group for women’s rights and gender equality.

While Delhi police have shown a willingness to improve their services, more work is needed in other parts of the country, she says.

A 10-year-old rape victim in the Bulandshahr district of the eastern Indian state of Uttar Pradesh was put behind bars by police last week after she approached them with her mother to file a complaint of rape. It was only after local protest that the victim was finally released after being detained for several hours. The Supreme Court has issued a notice to the Uttar Pradesh government on the matter.

Swapna Majumdar is based in New Delhi and writes on gender, development and politics.

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#Maharashtra Undertrials get #RTI Relief #goodnews #prisonerights

Maharashtra CIC asks authorities to publish info of under trials who completed 50% of their maximum prison term

Thousands of under trials, who have completed 50% of their maximum prison term, would get a major relief thanks to the activism of Shailesh Gandhi, former central information commissioner

In a significant order, the Maharashtra state chief information commission (SCIC) has directed prison authorities to display details of under trials who have completed over 50% of the maximum prison term they are liable for. Shailesh Gandhi, former central information commissioner (CIC) had filed the appeal before the SCIC under the Right to Information (RTI) Act.

 

“This will facilitate the prisoners and other activists to get release of such under trials and should go a long way in giving relief to people who were denied their freedom illegally. This order will be applicable in Maharashtra and I hope RTI activists will get such orders issued in all the states,” said Mr Gandhi.

 

The SCIC passed the order in fulfilment of the Prison department’s obligation under Section 4 (1) (b) of the RTI Act. The Commissioner used his powers under Section 19 (8) of the RTI Act and has ordered that this information will have to be displayed on thewebsite and on the notice boards of the prisons before 12 May 2013.

 

Following refusal by the Public Information Officer (PIO) and First Appellate Authority (FAA) to provide information about under trials in prisons in Maharashtra without any valid reasons, Mr Gandhi had filed his second appeal before the State Chief Information Commissioner.

 

In his second appeal, Mr Gandhi had also requested the State CIC, to direct the PIO to provide the information, penalise the PIO as per provisions of the RTI Act and reprimand the FAA for a casual approach in rejecting a citizen’s fundamental right.

 

A similar query by Mr Gandhi, around six years ago had led to the release of release of some under trials by the Bombay High Court. In his additional plea before the SCIC, Mr Gandhi said, “Whereas six years back the prison authorities had provided the information without any excuses, the PIO this time directed me to approach 43 different prisons. The First Appellate Authority did a faux pas by claiming exemptions under Section 8 (1) (b), (g) (h) and (j) without even attempting to justify how these would apply. I am sorry, but it appears that in the prison department in Maharashtra there is an unfortunate carelessness and regression in adherence and respect for RTI.”

 

Earlier in February, the union home ministry told states and Union Territories that under Section 436A of Criminal Procedure Code (CrPC), an under trial prisoner completing half of the maximum period of imprisonment should be released by the court on his personal bond with or without sureties, with the exception of those involved in heinous crimes.

 

According to statistics provided by National Crime Records Bureau, as of December 2011, there were 2.41 lakh or 64.7% under trial prisoners out of total 3.32 lakh jail inmates across India. The occupancy rate across all prisons in the country was 112.1% or 3.72 lakh inmates against a capacity of 3.32 jail inmates, the data said.

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Maharashtra – Co-operative societies now come under RTI Act #mustshare

 

VINITA DESHMUKH | 10/04/2013 , Moneylife.in

Co-operatives make up for one-sixth of Maharashtra’s economy; they are also abodes of chronic corruption. No wonder, many are yet to digest the fact that co-operatives have now come under the RTI Act and so public disclosures of their functioning is mandatory

Vijay Kumbhar, a leading RTI (Right to Information) activist from Pune, has beenresearching on the aspect of co-operatives coming under the RTI Act after the enactment of the 97^th amendment to the Constitution of India in March 2012. Now, “co-operativesocieties” have not only become a part of Article 19 of the Constitution of India making them one of the fundamental rights of a citizen, but have now also been given the status of local self-government in Part IX of the Constitution. This makes them accountable under the RTI Act. However, many a vested interest is trying to hoodwink this fact. A tete-a-tete with Kumbhar.
Why do you say that co-operative societies which were until recently out of the gambit of RTI Act, now come under it?
Vijay Kumbhar: With the enactment of the 97th amendment to the Constitution of India and its inclusion in Article 19 of the Constitution, formation of cooperative societieshas become one of the fundamental rights of an Indian citizen. Besides, they have been given the status of local self-government like rural and urban municipal bodies in Part 9 of the Constitution. Cooperative societies have thus come under the ambit of the Right to Information Act.
So, under what section of the RTI Act do co-operative societies come under?
Kumbhar: As per Section 2 (h) of the RTI Act, “public authority” means any authority or body or institution of self-government established or constituted—
(a) by or under the Constitution;
(b) by any other law made by Parliament;
(c) by any other law made by the State Legislature;
(d) by notification issued or order made by the appropriate government, and now as per Section 2

(h) (a) of RTI Act, any cooperative society has become an ‘authority’ or ‘body’ or “institution of self-government” established or constituted by or under the Constitution and hence it comes  under the ambit of the RTI Act.
Could you elaborate on how co-operative societies came to be included in Article 19 of the 97^th Amendment of the Constitution of India?
Kumbhar: Article 19 of the Constitution of India protects certain fundamental rights of the citizens. All citizens have the right to freedom of speech and expression; to assemble peacefully and without arms; to form associations or unions; to move freely throughout the territory of India; to reside and settle in any part of the territory of India; and to practice any profession, or to carry on any occupation, trade or business. Now forming a cooperative society is also a fundamental right. (Moreover, as per Article 43B of Part IV it is now the duty of the states to promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies to encourage economic activities of cooperatives which in turn would facilitate progress of rural India.)
Part IX of the Constitution comprise local self-governments; Part IX pertains to Panchayats; Part IX B is about municipalities and now with the insertion of Part IX C, co-operative societies have acquired the status of local self-governments. Correspondingly, cooperative societies have come under the RTI Act.
What are the institutions that come under the co-operative societies?
Kumbhar: Cooperative societies normally include co-operative banks, credit societies, sugar factories, handloom-power loom factories, distilleries, milk producing societies, water supply societies and so on. Henceforth, all such institutions will have to appoint Public Information Officers, Appellate Authorities and comply with all the provisions of the RTI Act. This is the most revolutionary event in the history of our country in the recent past.
So, weren’t co-operative societies accountable to the government and people before the 97^th Amendment? What has changed?
Kumbhar: Normally there are three sectors of industries; public, private and cooperative. The first one is wholly owned by a state or the central government and the governments have complete control over its investments and management and it is accountable to the governments as well as to the public. Although the private sector abides by the laws, rules and regulations of the governments it is not answerable or accountable to the governments or the public for the losses/profits or management. It is accountable only to its owners or shareholders as per the law of the land. The cooperative sector was a blend of the public and private sectors. So far, it was enjoying the facilities available to the public sector such as loans, share capital from the state, etc but was not accountable to the state or the public. With the Part IX inclusion in the 97th amendment, the scenario has changed and the cooperative sector is now accountable to the state and the public.
Why is it that so far there was no clarity about the applicability of the RTI Act to cooperative societies?
Kumbhar: Several information commissions and courts had given contradictory verdicts on this matter. Cooperative societies were out of the ambit of the RTI Act because it was not an ‘authority’ or ‘body’ or an ‘institution’ of self-government established or constituted by or under the Constitution. Hence, attempts to bring a cooperative society under the RTI Act, claiming it to be an ‘institute’, a “body owned, controlled or substantially financed by notification issued or order made by the appropriate government” failed. In addition, authorities of these institutes always took the stand that they did not come under the RTI act. Now, they cannot escape as it has become the fundamental right of a citizen.
What about the fact that some experts say that the RTI Act for co-operativesocieties applies only to those that are established after the Constitutionalamendment in Article 19 and Part 9?
Kumbhar: This is just an eye-wash because this is not a new Co-operative Act that has been implemented but an amendment to the Act as per the amendment to the Constitution of India which already exists. Hence, every co-operative society no matter how old or new comes under the RTI Act.
What about the fact that there are some Supreme Court and high court judgments which have ruled that co-operative societies do not come under the RTI Act?
Kumbhar: Constitution of India is over and above any high court or Supreme Court judgment so now with the constitutional amendments, these judgments are irrelevant.
What would be the impact of co-operative societies coming under the RTI Act, particularly in Maharashtra?
Kumbhar: In reality, considerable part of the country’s economy is occupied by the cooperative sector. It is said that about 1/6th of Maharashtra’s economy comprises co-operative societies. A major part of Maharashtra politics is also influenced by the cooperative sector. The scale of illegalities, scams and corruption in this sector is also high. The cooperative sector including co-operative banks and credit co-operative societiesblock substantial government funds running into hundreds of crores. As of 2012, the unaccounted for amount is close to Rs15,000 crore.
The statistics of the department of cooperative societies of Maharashtra in 2009-10 show that there were 2,18,320 cooperative societies in Maharashtra and the total membership of these societies was 5.52 crore. One estimate of the number of societies is at about 2,30,000 with a membership of about 6.5 crore. For the entire country, this number could go up to 6.5 lakh societies with 30 crore members.
A giant sector such as this was uncontrolled and unaccountable till now. One can hope that this sector will move in a positive direction after the 97th amendment to the constitution.
So, has this amendment already been enacted?
Kumbhar:  After the amendment was enacted in 2012, a period of one year was given to the states to amend as well as repeal existing provisions of law to bring in line with the new provisions in the Constitution. Usually, state assemblies approve such amendment. However, as the assembly was not in session, the Government of Maharashtra introduced an ordinance on 15 February 2013 and thus these amendments have now become law.
What are the highlights of Maharashtra Co-operative Societies Act after the amendments?
Kumbhar: The highlights of the Maharashtra Cooperative Societies Act and Rules after amendments are:
(i)                      Incorporation of cooperative societies on the principles of voluntary formation, democratic member control, member economic participation and autonomous functions;
(ii)                    Conduct of election of a cooperative society by an independent electoral authority;
(iii)                  A fixed term of five years for the office bearers of the cooperative society;
(iv)                Supersession of the board of a cooperative society for a period of not exceeding six months;
(v)                    Independent professional audit of the cooperative societies;
(vi)                  Convening of the general body meeting of every cooperative society within a period of six months of the close of the financial year;
(vii)                Access to every member of the society to the books, information and the accounts of the cooperative society;
(viii)              Filing of the returns by every cooperative society within six months of the close of every financial year;
(ix)                  Free, fair, impartial and timely elections of cooperative societies by independent body;
(x)                    Audit of the cooperative societies to be carried by the auditors from the government approved panel of auditors or firms;
(xi)                  Maximum number of 21 directors to be applicable to all cooperative societies irrespective of their size with two seats reserved for women; and
(xii)                Co-opted members not to be eligible to be elected as office-bearers of the board.
Also there are provisions of penalty for consistent defaults, acting against the interest of the institution, deadlock in the board of directors, not ordering elections within specified time, corruption, irregularities in duty, deliberately giving false information, disobeying orders of authorities, etc.
Is Article 19 of the 97^th Amendment to the Constitution similar to the 74^thAmendment which gave status of local government to Panchayats/municipalities/municipal corporations?
Kumbhar: Before 1992, panchayats and municipalities were also not bodies established by or under the Constitution. However, that did not mean that there were no panchayats or municipalities. However, due to their autonomous status, their functioning was arbitrary. They did not acquire the status and dignity of viable and responsive people’s bodies due to varied reasons including   absence of regular elections, prolonged supersession, insufficient representation of the weaker sections, etc.
Hence, to give certainty, continuity, and strength to Panchayat Raj with 73^rd amendment, Part IX was inserted in the Constitution. Later as Urban Local Bodies were not able to perform effectively as vibrant democratic units of self-government, with the 74thAmendment, Part IX B was inserted to give municipalities a status. Now with the 97th Amendment, Part IX B has been inserted to give cooperative societies a status of local self-government.
(Vinita Deshmukh is the consulting editor of Moneylife, an RTI activist and convener of the Pune Metro Jagruti Abhiyaan. She is the recipient of prestigious awards like the Statesman Award for Rural Reporting which she won twice in 1998 and 2005 and the Chameli Devi Jain award for outstanding media person for her investigation series on Dow Chemicals. She co-authored the book “To The Last Bullet – The Inspiring Story of A Braveheart – Ashok Kamte” with Vinita Kamte and is the author of “The Mighty Fall”.)

 

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Pune University defies SC order by not showing answer sheets; RTI activist slams legal notice

 

Moneylife, VINITA DESHMUKH | 03/04/2013

Although Supreme Court in its verdict in August 2011 ordered that certified copies of answer sheets is public information under the RTI Act, the Pune University continues to adhere by its 2008 circular which defies the spirit ofthe order and therefore amounts to contempt of court

The Ordinance number182 of the University of Pune implemented through a circularissued in 2008 puts stringent terms and conditions in providing answer sheets to a student, which are contrary to the provisions in the Right to Information (RTI) Act. These include: not providing certified copies of answer sheets; students to apply for answer sheets within 10 days of the results; applicant to apply for Photostat copies of maximum three subjects only and; copies to be provided within 45 days through the principal of the college.
In August 2011, the Supreme Court has ruled that evaluated answer sheets are covered under the definition of ‘information’ under the RTI Act. Hence, this overrides any rule or ordinance that an educational institution may have had. (Read—Ultimate victory for students: Supreme Court judgment orders access of copies of answer sheets of all examinations. Like the Official Secrecy Act of 1923, which has been overpowered by the RTI Act, the Ordinance no. 182 of the University of Pune too is as good as non-existent and it is the rules under RTI that are applicable to the University. However, University of Pune continues to dictate its own terms as per its 2008 rules.
Pune-based RTI activist Vivek Velankar received several complaints from students of the University of Pune who are not being provided certified copies of answer sheets in thespirit of the RTI Act. States Velankar, “As per the RTI Act, the University of Pune cannot insist that the student can apply only within 10 days after the examination result. Since the University of Pune preserves answer sheets for a period of six months, the student has a right to apply within this period and s/he cannot be forced to apply only within 10 days as per its Ordinance. Also, the University of Pune HAS to provide certified copies ofanswer sheets and that too within the mandatory 30 days as per the RTI Act.”
Velankar has sent a legal notice last fortnight, bringing to the notice of University of Pune as to why its Ordinance No. 182 is irrelevant after the Supreme Court verdict of 2011which has made answer sheets as public information under the RTI Act. Says Velankar, “We are giving 30 days to the University of Pune to abide by the SC judgment and to scrap its 2008 Ordinance, as continuing to implement it amounts to contempt of court. If it does not do so, we will file a Public Interest Litigation (PIL).”

 

Details of legal notice sent on 16^th March are as follows: 
NOT PROVIDING CERTIFIED COPIES:
As per Point No. 19 of Ordinance of the University of Pune Rule No. 182 in respect ofanswer sheets which states as under that, “The Certified copies of revalued answer sheets are not provided.’’…above Rule No. 182 of Ordinance issued by the University of Pune is completely contrary to the provisions of the Right to Information Act and to the judgment of Supreme Court of India in the case of Central Board of Secondary Education and Anr Vs Aditya Bandopadhyay and Ors reported in Civil Appeal No. 6454 of 2011. The Supreme Court has thereby ruled that the definition of information in Section 2 (f) of the Right to Information Act, 2005, refers to any material in any form which includes records, documents, opinions, papers amongst several other enumerated items. The term ‘record’ is defined in Section 2(i) of the said Act as including any document manuscript or file amongst others.
When a candidate participates in an examination and writes his answers in an answer book and submits it to the examining body for evaluation by an examiner appointed by the examining body, the evaluated answer book becomes a record containing the ‘opinion’ of the examiner. Therefore, the evaluated answer book is also information under Right to Information Act, 2005. It is further stated that if the rules and regulations of the examining body provide for re-evaluation, inspection or disclosure of the answer books, then none of the principles of the Maharashtra State Board or other decisions following it will apply or be relevant.
“Therefore it is stated that as per the Supreme Court ruling, the word ‘evaluation’ shall mean and include the word re-evaluation and therefore the Rule No. 182 of Ordinance issued by the University of Pune is completely contrary to the ruling of the apex court and hence needs to be necessarily modified accordingly to enable students to get certified copies of their re-evaluated answer sheets. It is stated that, if the mandate of the apex court Judgment is not followed by your institution then this may amount to the contempt of the court as prescribed in the Contempt of Courts Act, 1971.”

 

APPLICATION TO BE MADE WITHIN 10 DAYS AFTER THE EXAMINATION RESULT:
“It is stated that the Rule No. 182 of the Ordinance issued by the University of Pune also states that the student has to apply for certified copies of their re-evaluatedanswer sheets within 10 days from the date of examination result. This rule is also completely contrary to the aforesaid ruling of the apex court. The Supreme Court of India in the aforesaid judgment makes it amply clear that, “the obligation under the RTI Act is to make available or give access to existing information or information which is expected to be preserved or maintained. If the rules and regulations governing the functioning of the respective public authority require preservation of the information for only a limited period, the applicant for information will be entitled to such information only if he seeks the information when it is available with the public authority. It is stated that, period of University of Pune is of six months and therefore, the student is entitled to make an application for the certified copies of the evaluated answer books within the period of six months and the mandate 10 days time limit as prescribed in Rule 182 of University of Pune Ordinance is completely contrary to the judgment of the Supreme Court of India and therefore, it is required to be modified accordingly. It is stated that, if the mandate of the apex court judgment is not followed by your institution then this may amount to the contempt of court as prescribed in the Contempt of Courts Act, 1971.”

 

REGARDING APPLICATION FOR MAXIMUM OF THREE SUBJECTS ONLY:
“It is stated that, the Point No. 2 of the said ordinance states that the applicant can apply for the Photostat copies of maximum three subjects only. This is also completely contrary to the provisions of the RTI Act, 2005, as the Act does not provide any such restriction as to how many subjects an applicant can apply for Photostat copies of the answer books. Therefore the said provision/point in your Ordinance No. 182 is also contrary to the RTI Act, 2005, and needs to be modified accordingly.”
REGARDING NOT PROVIDING ANSWER SHEETS OF PRACTICALEXAMINATIONS:
“It is also stated that, Point No 1 of Ordinance 182 provides for the photo copy/copies of assessed and/or moderated theory subject/s answer book/s of the current examinationwill be supplied to the examinee/s. The photo copy/copies of answer books of practicalexamination, sessional marks, marks of viva-voce/dissertation/ thesis/project, Common Entrance Test conducted by University, etc shall not be supplied to the examinee/s. It is stated that as mentioned above, when a candidate participates in an examination and writes his answers in an answer book and submits it to the examining body for evaluation by an examiner appointed by the examining body, the evaluated answer book becomes a record containing the ‘opinion’ of the examiner. Therefore, any evaluated answer book is also information under Right to Information Act, 2005. This makes it very clear that, any evaluation done by the University is also information under RTI Act, 2005 and therefore, the photo copy/copies of answer books of practical examination, sessional marks, marks of viva-voce/dissertation/ thesis/ project, Common Entrance Test conducted by University are also covered under the provisions of the RTI Act, 2005. Point No. 1 is completely contrary to the provisions of RTI Act, 2005 and aforesaid judgment of the Supreme Court of India.”
REGARDING PROVIDING INFORMATION WITHIN 45 DAYS OF RECEIVING THE REQUEST:
It is also stated that, Point No. 16 of aforesaid Ordinance 182 states that, “the University shall supply the photo copy/copies within 45 days from the date of receipt of application through the principal of the college concerned”. It is stated that, the aforesaid point of the ordinance is directly and completely contrary to the provisions of Section 7 of the Right to Information Act, 2005, which states that 7. Disposal of request—(/) subject to the proviso to sub-section (2) of Section 5 or the proviso to sub-section (3) of Section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request under Section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request. either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in Sections 8 and 9: 6 This provision mandates the information which is sought has to be provided to the applicant within the maximum period of thirty day and no further extension is allowed by the provisions of the Section 7 of RTI Act, 2005. Therefore, the time period of 45 days is completely and directly contrary to the provisions of RTI Act, 2005, and needs to modify accordingly.
REGARDING UNIVERSITY OF PUNE WRONGLY ABIDING BY ITS OWN ORDINANCE
It is also stated that the RTI Act, 2005, is a central enactment and has to be followed in its true spirit and any provision/ rules made by any public authority contrary to the provisions of the RTI Act, 2005, shall attract the provisions of the Section 22 which reads thus “Act to have overriding effect—the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act”.
(Vinita Deshmukh is the consulting editor of Moneylife, an RTI activist and convener of the Pune Metro Jagruti Abhiyaan. She is the recipient of prestigious awards like the Statesman Award for Rural Reporting which she won twice in 1998 and 2005 and the Chameli Devi Jain award for outstanding media person for her investigation series on Dow Chemicals. She co-authored the book “To The Last Bullet – The Inspiring Story of A Braveheart – Ashok Kamte” with Vinita Kamte and is the author of “The Mighty Fall”.

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