Human Touch - A Monthly Publication of Manavadhikar Samajik Manch

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(A Monthly Publication of Manavadhikar Samajik Manch)

Volume VII No.7 July 2010

President : Dr. A. Shanker Patron : Sandeep Dikshit, MP (Lok Sabha)

Editor : Dr. Girija B. Nanda

Advisors: Bejon Mishra

Manoj Kar

Editorial Team : Tapaj Mishra

Darshana Das UP Chapter

Kamal Kumar Gaur Dr. Narendra Kumar, State Convenor

Priyadarshi Ashok Mishra 6/348, Ramnath Deoria, Deoria - 274001

Dr. Virender Khatana Uttar Pradesh - 274001

Reporters : Maheswar Singh Phone :0-9415320183

Swarup Panigrahi

Orissa Chapter

Office Assistant : Ganesh Das Umakanta Nanda, Adv, State Convenor

Legal Advisor : Ms. Kumud L. Das Amit Mishra, Correspondent

Jitendra Mahapatra Gandarpur, P.O. -College Square,

Graphic Designer : S.K. Nayak Cuttack, Orissa - 753003

Phone : 0671-2441528, 09437041528

Cover Design : Srimoy Patra

Content & Design Maharashtra Chapter

Consultant : Srimoy Patra Victor Freitas, State Convenor

Room No. 318, Akash Wani, Aamdar Niwas,

Edited, Printed and

Published by : Dr. Girija B. Nanda

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Phone :022-22022383, 09322735829





Human Touch

(A Monthly Publication of Manavadhikar Samajik Manch)





Human Touch is a platform for non-partisan portrayal of human rights issues in their different forms. Be it the

rights of the weaker sections of our population such as the women, the children, the aged and the physically

challenged, or the victims of some social customs, cultural traditions and economic & non-economic policies, the

publication brings out the issues objectively and in a manner that would give succour to the people whose rights

are either violated or put in jeopardy.



Human Touch acts as a forum for scholars, activists, concerned individuals and the common men & women

to ventilate their grievances, express their views and to highlight cases of human rights violations, so that

appropriate ameliorative actions can be taken by the concerned agencies. It is meant to help the helpless and

to speak for those whose voices are not heard. It engages in constructive and incisive debate on issues that

are not only of day-to-day concern but also on issues that are important for posterity. This publication is a step

forward in realising the vision of Manavadhikar Samajik Manch, i.e. creation of a just and equitable

society.





Owner : Manavadhikar Samajik Manch

Publisher/Printer/Editor : Dr. Girija B. Nanda

Printed at : Matha Offset Press, Y-16, Okhla Industrial Area, Phase-II, New Delhi

Published from: Manavadhikar Samajik Manch, 39, Sant Nagar, New Delhi - 110065

Tel.: 91-11-41621978, 46578478, Fax : 41621669

E-mail: officemail.masm@gmail.com, manavadhikar.india@indiatimes.com, masm@rediffmail.com

Website: www.manavadhikar.net, www.humanrightsnews.net

In this issue...

Honour Killing: 5

A Heinous Crime





Cold Blood: 7

Female Infanticide and Fetal Murder





National News 10





News from the National Human Rights Commission 13





International News 15





Human Trafficking in India: 20

A Scourge of Civil Society





Environment in Danger: 22

Safeguarding it is a Dire Need Now





Curing the Ills of India: 24

Existing Central Food and Fuel Subsidies for Targeted People





The Gulf Oil Spill: 26

The Big Brotherly Attitude of the US Again Comes to the Fore





The Small Hands of Slavery: 28

Bonded Child Labour in India





Education in India: 31

The Great Admission Rush

From the President’s Desk …

Honour Killing is the practice of murdering a member of a family, caste, clan or community by the fellow

members, where the murderers believe the victim to have brought dishonor upon their family, clan or

community usually by marrying / falling in love with someone from a lower caste or status. United

Nations Population Fund approximates that as many as 5,000 women are murdered in this manner each

year around the world. Honour killings have been rampant in orthodox and socially backward groups in

many countries including India, Bangladesh, Pakistan, Turkey, Jordan and the Palestinian Territories.



In India, honour killing is most prevalent in states such as Punjab, Haryana, western areas of Uttar

Pradesh and in some parts of Bihar. In many instances, khap panchayats or caste councils order the

killings for marrying against their wishes.



But the back-to-back cases in the national capital and elsewhere in the country in the past one month have

shaken the conscience of modern India. According to an analysis of the NGO, Shakti Vahini, such sordid

incidents have been reported from all over the country and in 90 per cent of the cases the perpetrators of

the crime were from the girl's family.



The study, commissioned by National Commission for Women (NCW), also found that 72 per cent of the

326 cases documented over the past one year involved couples that entered into inter-caste marriages.

Honour Killings are homicide and murder which are serious crimes under the Indian Penal Code. It also

violates Articles 14, 15 (1) & (3) 19, 21 and 39(f) of the Constitution of India. It is against the various

International Commitment which the Government of India has ratified at the “United Nations Convention

on the Elimination of all forms of Discrimination against Women” (CEDAW). It is also against the spirit of

Universal Declaration of Human Rights and International Covenant on Civil and Political Rights.



Recently, the Indian government has announced setting up of a Group of Ministers (GoM) that will

consider amendments to the law to deal with the issue. An amendment bill, expected to be tabled in

Parliament in upcoming monsoon session, proposes to include a clause under Section 300 of the Indian

Penal Code to deal exclusively with honour killings. Section 300 deals with the crime of murder, the

maximum punishment for which is death and/or a fine. It also wants to amend the Indian Evidence Act

and the Special Marriages Act, 1954, which would do away with the provision for the mandatory 30 days

notice period for marriages intended to be solemnized under this Act. The new bill is also expected to

bring in a definition of such honour killings so that it will be treated as special crime and will ensure clarity

for the law enforcement agencies.



The graphs of such heinous practices are constantly growing in India. If not now when shall we raise our

voices? The time has come and we all need to stand up and urge the government to ensure that no life is

lost in the name of a vague honour.



Dr. A. Shanker









Vol. VII No. 7 July 2010 4

Honour Killing:

A Heinous Crime



‘Honour killing’ or ‘Honor killing’ is outside of their family’s tribal affilia- but the reality remains different in the

an ancient tradition, still sometimes ob- tion and/or religious community. villages in many other states. Honour

served where a male member of the killing, where men or women are killed

family kills a female relative for tar- In India, many such killings are by their kin or other members of their

nishing the family image. happening with regularity in Punjab, caste, is still very rampant in many

Haryana and western Uttar Pradesh. parts of India.

Human Rights Watch defines “honor These are socially sanctioned by caste

killings” as follows: panchayats and carried out by mobs Caste is an important factor in the

with the consent of family members. prevalence of honour killing in many

Honor crimes are acts of violence, states of India. The huge numbers of

usually murder, committed by male honour killings that sometimes go

family members against female fam- unrecorded happen because of inter-

ily members, who are held to have So far, there is no specific law to deal caste marriages. It is very unfortunate

brought dishonor upon the family. A with honour killings. The murders that the caste system in India has

woman can be targeted by (individu- come under the general categories of turned into a social evil for many. And

als within) her family for a variety homicide or manslaughter. When a there are many more who are at the

of reasons, including: refusing to mob carries out such attacks, it gunpoint of this rigid belief system.

enter into an arranged marriage, be- becomes difficult to pinpoint a culprit.

ing the victim of a sexual assault, The collection of evidence becomes Although India’s social system is based

seeking a divorce — even from an tricky and eyewitnesses are never on a caste hierarchy but over the years

abusive husband — or (allegedly) forthcoming. people living in the cities have come

committing adultery. The mere per- out of this rigid caste framework.

ception that a woman has behaved The number of love marriages might There has been an increase in the

in a way that “dishonors” her family have gone up in the metros in India number of inter-caste marriages

is sufficient to trigger an at- between couples in the cities.

tack on her life. In fact the government helps

those above the age of eighteen

These crimes are prevalent in in such matters. But somehow

orthodox, regional and socially the laws never seem to reach

backward groups in many the villages, and they continue

countries across the world, to function on their own belief

mainly of Muslim origin. system.



Honour killing is not limited to The problem in the villages is

killing of females; it applies to the strong presence of a

killing of both males and fe- panchayat or informal court

males in cultures that practice that consists of members of the

it. For example, during the year same caste and decides all

2002 in Pakistan, it is estimated matters relating to their

that 245 women and 137 men community. This informal

were killed in the name of Karo- ‘court’ passes judgment on

kari in Sindh.These killings tar- issues of marital discord and

get women and men who land disputes, water disputes

choose to have relationships and so on. Many times,







Vol. VII No. 7 July 2010 5

scrutinizing the increasing number of

honour killings, the Supreme Court of

India issued notices to the Central

Government and six states including

Uttar Pradesh, Punjab, Haryana and

Rajasthan, to take preventive measures

against the social evil.



Alarmed by the rise of honour killings,

Government is planning to bring a bill

in the Monsoon Session of Parliament

next month (July 2010) to provide for

deterrent punishment for ‘honour’

killings.



The usual remedy to such murders is

villagers give more importance to Again, recently an incident happened in that society must be more gender-

judgments passed by this self- Nimriwali village in Haryana where an sensitive and shed prejudices of caste

appointed court than the judgments 18 year old girl, Monika and her lover and class. Efforts should be made to

passed by the local legal court, often Rinku, 19 year old, from Jat families, sensitize people on the need to do away

referred to as ‘legal panchayat’. In were brutally killed for honour. with social biases. But equally, it should

many villages, the leader of the self- be made clear that there is no escape

appointed court has so much power In Punjab also there are many honor for those who take justice into their

that the police are kept away from killing incidents. Bhagalpur, in the own hands. Like the case of Sati and

village politics. northern Indian state of Bihar has also dowry where there are specific laws

been notorious for honor killings. Recent with maximum and minimum terms of

It is always the girl’s family that is cases also include a 16-year-old girl, punishment, honour killings, too, merit

agitated with the violation of their so Imrana, from Bhojpur who was set on a second look under the law. Active

called honour. Her right to choose to fire inside her house in a case of what policing and serious penal sanctions is

marry is snatched away. There have the police called ‘moral vigilantism’. She the only antidote to this most

been instances when even if the girl is was admitted to a local hospital, where dishonorable practice.

pregnant, family and the panchayat she later succumbed to her injuries. In

have asked them to tie rakhi. “Many June 2010, some incidents were So many innocent lives are lost in the

are forced to be brothers and sisters. reported even from Delhi. name of this belief. It hampers the

Others are killed, some are boycotted,” growth of a human mind and forces it

said Prem Chaudhary, noted historian. Several initiatives have been taken by to live within the illusionary world that

experts from diverse fields as well as it has created for itself. There is a

For every case of honour killing that’s human rights activists to give “honour strong need for government

reported, lots more are hushed up in killing” a place in legal books so that intervention. The government needs to

Haryana’s rural badlands. For instance, the accused could be dealt with an iron enforce strict measures to stop honour

an incident happened in Balla, a village hand. In 1990, the National killings. There should be a ban on all

in Haryana, where a 22 week pregnant Commission for Women set up a decisions made by these self appointed

girl was strangled with her boyfriend statutory body in order to address the courts in the villages. They have proved

for indulging in affair who belonged issues of honor killings among some fatal for many innocent lives. India is

to the same village. Among the Jat ethnic groups in North India. This body world’s largest democracy and in a

caste of the conservative Haryana, it reviewed constitutional, legal and other country where people have the right

is taboo for a man and woman of the provisions as well as challenges women to voice their opinions freely, to be

same village to marry. Although the face. The NCW’s activism has young and to marry the person of own

couples were not related, they were contributed significantly towards the choice shouldn’t be fatal anymore.

seen in this deeply traditional society reduction of honor killings in rural

as brother and sister. areas of North India. In June 2010, - HT Bureau





Vol. VII No. 7 July 2010 6

Cold Blood:

Female Infanticide and Fetal Murder







F

emale infanticide is the intentional Incidence of Practice ratio imbalance worldwide, with a de-

killing of an infant, and female Female infanticide and feticide are ex- creasing number of females for every

feticide (or fetal murder) is the treme forms of gender discrimination 1,000 males, may be regarded as an

intentional destruction of a fetus for that occur systematically and threaten indicator of the prevalence and in-

the sole reason that it is female. His- to eliminate females in the communi- crease of female infanticide and feti-

torically, female infanticide has oc- ties where they are practiced. There cide. The missing status of innumer-

curred on a global scale. Various stud- able women (more than 100 million

ies have reported its practice among women are reported to be missing

Arabian tribes, among the Yanomani in worldwide) points toward female feti-

Brazil, and in ancient Rome. In nine- cide, infanticide, and other forms of

teenth-century India it was common are unfortunately no specific or reli- gender discrimination as resulting in

practice to bury a female child alive able data available on female infanti- the high mortality of females at most

by placing her in an earthen pitcher, cide or feticide. Both practices hap- stages of life.

with cane sugar in her mouth and cot- pen in a clandestine manner, and no

ton in her hands. Burying the pitcher specific provision for documenting Feticide

in the ground, women would chant, them exists in most states’ usual sta- Female feticide is a recent phenomenon

“Gur kaayeen punee kateen, aap na tistical mechanisms. In general, the sex made possible by advances in genetic

ayeen bhayee nuu khaleen” (Eat and information technology.

sugar, weave cotton, don’t Technology without regulation

come back, and send your gives society unlimited access

brother). There were many to intrauterine life. Three prin-

other methods used to kill a fe- cipal methods have been used

male baby: starving her to death, for the intrauterine sex determi-

suffocating her by wrapping nation of the fetus—amniocen-

her tightly in a quilt, poisoning tesis, chorionic villus sampling,

her, strangling her, drowning and ultrasound scanning. Ultra-

her, or breaking her spinal cord sound scanning has become the

by snapping it. These methods most common method of fetal

continue to be used. sex determination because it is

quicker, cheaper, easily avail-

In the twenty-first century able, and noninvasive. It results

such practices remain predomi- in no recognized side effects or

nant in many Asian and Middle complications for the fetus or

Eastern countries, in sub-Saha- mother. It is often misused in

ran Africa, and within the Asian countries with a sociocultural

Diasporas in Great Britain, the preference for male children.

United States, and Canada. Fe-

male infanticide is particularly Feticide is fast becoming a so-

widespread in India, Nepal, cially acceptable means of dis-

Bangladesh, Pakistan, China, pensing with a female child. A

South Korea, Singapore, and significant change in social atti-

Taiwan. In China its origins tudes developed in the 1980s and

may be traced back to the first 1990s, with determination tests

millennium. frequently occurring and subse-







Vol. VII No. 7 July 2010 7

quent abortions in the case of many mobile ultrasound clinics (consisting Explanations for Gender Preference

female fetuses. The request process of portable ultrasound machines in- Traditionally, the major causes of dis-

for these services is more open, with stalled in a van) that visited periodi- crimination against the female child

a decreasing sense of moral crisis at- cally to offer their services. Since the have been the son preference rooted

tached to it. The arguments for seek- identification of a fetus’s sex is possi- in a patriarchal society and the preva-

ing testing and female feticide became ble with little training and experience, lence of dowry. Their lack of educa-

a matter of choice rather than of cir- as compared to other methods, both tion, low financial productivity, and

cumstantial compulsion. Ironically, medical and nonmedical personnel negligible presence in high-profile pro-

more widespread approval of female may provide ultrasound services. fessions and positions has only added

feticide now exists in many societies Quacks and untrained midwives per- to the devaluation of females. There

due to the acceptance of monetary ar- form the often subsequent abortions has been significant improvement in

guments, the easy availability and will- in most of these rural areas and within most of these factors except dowry.

ingness of service providers, the pres- low socioeconomic groups, with enor- The escalating pace of globalization in

sures most normally small families mous health hazards to the mothers. developing countries has coincided

face, changing standards and ethics, India, South Korea, China, and most with the increase in female feticide and

easier methods of abortion, and the European countries have laws banning suggests a link that merits critical ex-

relatively simple killing and disposal of fetal sex determination. In most Asian amination.

the fetus. countries, however, such laws are fla-

grantly ignored, and they have become In addition to the small family norm,

At the start of the twenty-first cen- an instrument of corruption, thereby the growing cost of raising a child has

tury many remote areas could claim increasing the costs of safe services. contributed to the increased intolerance







Vol. VII No. 7 July 2010 8

actual measures for abolishing female

infanticide and feticide.



Consequences

This grave human rights violation of

denying birth to a female child or not

allowing her to live because she is a

female has had a far-reaching impact

on society as a whole. It not only af-

fects the communities in which such

practices flourish; it also impacts in

many ways on the national and inter-

national communities where female

infanticide and feticide may not occur.

Social unrest as a result of the dispro-

portionate female and male gender ra-

tio may manifest itself as crime in these

societies, for example, the kidnapping

of young women, forced marriages,

sex crimes, wife purchasing, frustra-

of female children. Starting from birth, her murder. The advertisements for sex tion-related psychological problems,

the costs of child rearing are affected determination in the 1980s bore slo- and an increase in prostitution. Some

by those associated with health care gans like, “Pay five hundred now to of these effects have already been re-

and education, marriage and dowry, save fifty thousand later.” The gender- ported in China. Increasing female fe-

and consumerism. When a society with based oppression of women in India ticide and the continuation of infanti-

a sociocultural preference for sons starts at birth in the form of infanti- cide also pose serious challenges to the

finds itself facing conditions that re- cide and feticide, and continues to their international community and its obli-

quire limiting the family size for vari- death in the form of sati, a Hindu ritual gation toward women’s empowerment

ous reasons in the absence of prepara- whereby a wife self-immolates at the and elimination of all forms of discrimi-

tory and regulatory mechanisms and funeral pyre of her husband. nation based on sex.

policies, then an increase in female in-

fanticide and feticide may be predicted. The number of female babies killed by Solution

The female child is increasingly seen feticide is greater than the number killed There is emerging debate on address-

as a high input and no output invest- by infanticide. A debate has emerged ing female feticide as the murder of

ment, reducing the child to little more as to why an increase in female feti- female fetuses and acknowledging fe-

than a commodity in the eyes of soci- cide has occurred despite laws pro- male feticide and infanticide as crimes

ety. hibiting it, policies that are supposed against humanity. The condition that

to promote the female child and global differentiates female feticide from

In India the dowry is one of the major efforts toward women’s empower- abortion is its gender-discriminatory

reasons why a female child is often ment. It gives rise to a discussion of nature. Therefore, female feticide de-

unwanted. The amount and nature of whether the causes thus far identified serves to be treated as a separate cat-

a dowry have changed enormously in as making female children unwanted egory and not viewed in a simplistic

the contemporary world. There ap- are inclusive of all the factors associ- way, in terms of the abortion of an

pears to be a direct link between con- ated with female infanticide and feti- unwanted pregnancy.

sumerism, competitive expansion of cide in the present-day situation. The

capitalism, and the increasing eco- causes routinely attributed to the in- The only thing that would really stop

nomic aspirations brought about by crease in female feticide, and the poli- infanticide in places like India is a radi-

globalization and the escalation in cies adopted by states and civil soci- cal overhaul of the culture.

dowry demands and related offenses ety, do not address its connection to

such as harassment of the bride’s fam- escalating globalization, thus leaving a

ily, the acid burning of a bride, and even large gap between the goals of and - HT Bureau





Vol. VII No. 7 July 2010 9

National Human Rights Update



None should be allowed to enforce Honour killings -- where men and since the formation of the NHRC, it

self-made laws: Human rights women are killed by their kin or mem- has been doing so and all depends upon

commission bers of their caste for defying tradi- the cooperation of the people," he ob-

tions -- are rampant in western parts served.

of Uttar Pradesh, Punjab and Haryana.

The violence is committed in the name Referring to Articles 14 and 21 of the

of saving the honour of the commu- Constitution which deal with equality

nity, caste or family. and personal liberty of an individual,

justice Balakrishnan said with the

changed economic scenario, the con-

stitutional provisions do not have to

merely safeguard and advance civil and

Moving to deal with the problem of political rights of individuals.

honour killings, the government has

Amid growing instances of honour mooted proposals to amend the law to These have to also establish social,

killings and demands by khap classify such incidents separately un- economic, educational and cultural

panchayats to amend the Hindu Mar- der Indian Penal Code which will also conditions under which self-aspiration

riage Act for banning same sub-caste arraign a caste panchayat which or- and human dignity may be realised, he

marriage, National Human Rights Com- ders such acts. said.

mission (NHRC) chief KG

Balakrishnan on 26th June, 2010 said As per the proposed amendment, bod- He said while in the United Kingdom,

none should be allowed to enforce ies like caste panchayats can be compulsory education was enforced

"self-created" laws. brought under the ambit of the crime as early as 1870, even after one cen-

as they are accused in many instances tury, India could not enforce the same

"Contrary to the general moral view of ordering killings in the name of pro- in primary schools.

of the society, nobody shall be allowed tecting honour of a community.

to enforce their own self-created law "Now the changes are taking place and

to achieve their narrow-minded The law ministry has given a go-ahead we know that the Right to Education

societal values," he said. to a proposal of the home ministry to has become a reality. We hope that the

insert a separate section in the IPC to new education act will change the face

Justice Balakrishnan was addressing a define the crime. The khap panchayats of Indian society," he said. (Source:

training programme on the 'Rule of are demanding amendment in the Hindu PTI)

Law' organised by Vishwa Yuvak Marriage Act to ban same gotra (sub-

Kendra. caste) marriages. NHRC Notice to Home Ministry

for Naxal Rights Violation

The former chief justice of India, how- Balakrishnan, who recently took over

ever, did not mention the khap or caste as chairperson of the National Human

panchayats or the controversy sur- Rights Commission, said the rights

rounding their demand. body was also playing a vital role in

enforcing the rule of law.

He said whenever their is "threat" to

ordinary law and ethical principles, it "Wherever there is violation of human

is for the state to intervene and main- dignity or equality, the authorities can The National Human Rights Commis-

tain the law effectively. be reminded of their basic duties ever sion (NHRC) has issued a notice to







Vol. VII No. 7 July 2010 10

Home Ministry for alleged violation of to end the crisis in Manipur following where, so NSF should take the first

rights after taking cognizance of re- economic blockade by Naga Students step towards a solution, reminded

ports of security men trussing bodies Federation along NH-39. Tatung.

of naxals killed to poles. The Commis-

sion has sought a reply from the Sec- Expressing sympathy with people of Further, AAPSU calling the blockade

retary of Home Ministry within a Manipur, AAPSU called on Naga Stu- as violation of human rights, criticized

month, i.e, by July 27, on the issue, dents Federation to immediately with- the National Human Rights Commis-

an NHRC statement said. draw their economic blockade. In a sion for their double standards. Citing

joint press conference held today at the Chakma refugee issue of Arunachal,

It took cognizance of media reports Hotel Donyi Polo Ashok, AAPSU and Tatung categorically said, when the

depicting photographs of security men All Manipur Students Union (AMSU) rights of indigenous people are being

carrying bodies of Naxalites, includ- has termed the economic blockade as violated, the human rights commission

ing women, with their hands and feet grave act of human right violation. remains silent and instead highlight the

tied to bamboo poles after an anti- voice of the Chakmas’. Likewise,

Naxal operation in West Bengal's West While welcoming centre’s decision to when the Manipuri brethrens are be-

Midnapore district. use Para-military force to clear NH- ing denied their essential rights, the

39, both the student bodies stated that human rights commission has re-

The Commission observed that "the Centre should have intervened long time mained silent, added Tatung.

report, if true, raises a serious issue of ago to end this blockade.

violation of human rights of the vic- The All Manipur Students Union presi-

tims", the statement said. AAPSU president Takam Tatung said dent, Iringbam James Bond Mangang

that Centre should get involve in this after thanking the AAPSU for its soli-

In a major success, security forces had matter as NSCN (IM) leader darity for the people of Manipur ap-

gunned down 12 Maoists, including T.Muivah’s decision to visit his native pealed to the Centre and NSF to take

three women, in a fierce encounter in village in Ukhrul district of Manipur steps keeping in mind the ground re-

Ranja forest of Salboni in West has lead to present crisis. He said or- alities. Condemning the recent killing

Midnapore on June 16, almost a year dinary people are suffering because of of students at Mao gate and calling for

after anti-Naxal operations were this economic blockade and for this immediate enquiry to it, Mangang said,

launched in the district in West Ben- government of Manipur and Nagaland the Centre should repeal AFSPA from

gal. (Source: The Hindu) should come forward to find a solu- Manipur and other states of North

tion. East. The price hike of essential com-

AAPSU lambast NESO, NHRC on modities in Manipur is alarming and the

Manipur issue, terms blockade Lambasting the silence of North East common people are at the receiving end

human right violation Students Organization on the inter- of the blockade, informed the AMSU

state issue of the two North Eastern president.

states Manipur and Nagaland, Tatung

said, ‘If the NESO executive members AAPSU general secretary, Tujum

didn’t raise the issue before June 20, Poyom appealed NESO to convene

the AAPSU would rally and organize immediate meeting on the vexed issue

the other student bodies of North East- as NESO is a platform for inter-state

ern states for a solution to the block- problems. If need arises we would

ade’. Earlier, the Naga Students Fed- withdraw our membership from NESO

eration had given commitment of lift- if they do not act seriously on such

ing the blockade but it is yet to hap- vexed issue, added Poyom. The

pen, added Tatung. NSF should un- AAPSU has been against the idea of

The National Human Rights Commis- derstand that many students from en- Greater Nagalim since its inception and

sion and North East Students Organi- tire North East are studying in the vari- we will never concede even an inch of

sation has come under severe criticism ous central and regional educational land from our state, informed Poyom.

from All Arunachal Pradesh Students institutions in Manipur and likewise AMSU advisor, Rakesh calling for the

Union (AAPSU) for not taking a stand Naga students are also studying else- lifting the blockade said, people of







Vol. VII No. 7 July 2010 11

Manipur has been silent for past two Union Human Resource Development also lower costs to litigants. Paralegals

months though even an oxygen cylin- Minister Kapil Sibal will on Thursday can also be of great help and use in

der is not available in the ICUs of the chair a Roundtable on Legal Education Gram Nyayalayas and in spreading le-

hospitals but we cannot be mute spec- that proposes to make paralegal edu- gal literacy. At present the Indira Gan-

tators for so long. Even terrorist groups cation a component of vocational edu- dhi National Open University (IGNOU)

do not resort to such tactics and NSF cation. offers Bachelors programme in

being educated body should know that paralegal studies, and there are a few

poor people are the worst sufferer of While the meet will discuss a report of online certificate programmes as well.

this blockade, added Rakesh. a University Grants Commission com- Paralegal studies are very popular in

mittee on a one year LLM course as in the U.S. and Europe. The Roundtable

It is quite visible that this prolong eco- other parts of the world, as against the is likely to consider several options for

nomic blockade has tested the patience existing two year course in India, the popularising paralegal studies and for

of people of Manipur and there is meeting is likely to discuss a concept laying down curriculum framework

growing feeling that ‘enough is note on paralegal education. for this discipline as a vocational stream

enough’. In this moment of crisis, they involving the UGC in the future.

are pinning hope on other North-East- Paralegal education does not fall un-

ern states to support them and in der the Bar Council of India but is Once cleared by the Roundtable which

AAPSU they have found their first pil- closely related to the legal profession. is an informal arrangement, the con-

lar of support. (Source: The Arunachal It will be on demand as legal practice cept will be taken up formally with the

Times) gets corporatised and legal assistants UGC and other Ministries. The mem-

of lawyers become more professional. bers of the Roundtable include chair-

Plan to make paralegal education Many services that touts perform can man of the Bar Council of India as well

a component of vocational stream be formalised and ethical norms laid as Adviser to Union Law Minister along

down. with other eminent lawyers and law

teachers like Professor Madhava

A fairly new concept, there is enor- Menon, Professor Chandrasekharan

mous potential for employment and Pillai, several senior advocates of the

self-employment. Many services that Supreme Court and representatives of

trained paralegals can provide would India's leading law firms.









Advertise with us for Strengthening our Hands in

Promoting and Protecting Human Rights



Human Touch, a monthly publication of Manavadhikar Samajik Manch goes out to a qualified

audience including members of ministries and departments of the Government of India (such as

National Advisory Council, PMO, Cabinet Secretariat, Members of Parliament, Chief Ministers

of different states, UN agencies, Embassies / High Commissions, Ministry of Home Affairs,

Defence, Social Justice& Empowerment, Tribal Affairs, Planning Commission, NHRC,

State Human Rights Commissions, Women Commissions, Minority Commissions, Supreme

Court and High Courts, State Police Chiefs, Leading NGOs, Senior Bureaucrats, leading

corporate houses and distinguished persons etc.), across the country. Our readers include

activists who can realize the vision of creating a just and equitable society.









Vol. VII No. 7 July 2010 12

News From the National Human Rights Commission



NHRC issues notice to Home The National Human Rights Commis- raise a serious issue of human rights

Ministry on media reports show- sion has taken suo motu cognizance of the victims, and issued a notice to

ing Naxals' bodies carried by of a distressing media report alleging the Chief Secretary, Government of

security men in an inhuman that the Chennai Corporation under a Tamil Nadu calling for a report within

manner drive to remove mentally ill people from four weeks from the date of its receipt.

the streets in its ten zones, picked up

randomly all those who were either NHRC's Summer Internship

sleeping on the pavements or loitering Programme concludes

around. NHRC's one month long thirteenth

Summer Internship Programme on

The report carried on the 8th June, human rights concluded in New Delhi

2010, said that about 113 people, who today. Addressing a gathering on the

apparently looked dirty or a little diso- occasion, NHRC Chairperson, Mr.

Justice K.G. Balakrishnan congratu-

The National Human Rights Commis- lated the interns and expressed hope

sion has taken suo motu cognizance that they would work for the protec-

of media reports depicting photo- tion and promotion of human rights,

graphs of security men carrying the riented, were sent to the Institute of and intelligently intervene to ensure

bodies of Naxalites, including women, Mental Health, Kilpauk. They were re- justice for those whose human rights

with their hands and feet tied to bam- portedly migrant labourers from the are violated.

boo poles. other states having no knowledge of

the local language. Justice Balakrishnan said that there are

The report was published on the 18th so many problems in our country like

June, 2010. It was alleged that the It also mentioned that psychiatrists inequality, lack of education etc., and

photograph was taken following an had identified 20-30 of them as men- that some people don't respect others'

anti-Naxal operation in West tally ill, but only 14 of them were given rights. Examples of such incidents in

Midnapore, West Bengal. reception orders from the Magistrate some cases are in open, and in some

to approve the detention. Despite this, are being secretly manipulated in our

The Commission in its proceedings on all the 113 people, picked up under the society. Sometimes, we are not in a

the 21st June, 2010, observed that the drive to remove mentally ill people from position to react these situations, but

report, if true, raises a serious issue the street, were imprisoned for two on many occasions we can intervene.

of violation of human rights of the vic- weeks. It is no use to keep ideas in mind but

tims. react to the situations in the society.

They were let off after obtaining their

A notice has been issued to the Secre- thumb impressions on a statement Referring to a point raised by one of

tary, Ministry of Home Affairs, Gov- which said that they were voluntarily the interns about many human rights

ernment of India inviting factual re- seeking admission in the Institute of activists claiming to be working for the

port in the matter by the 27th July, Mental Health. The media report is protection of human rights but actu-

2010. based on the findings of an NGO, the ally doing nothing, Justice Balakrishnan

Peoples Union for Human Rights. said that there could be pseudo human

NHRC calls report from Tamil Nadu rights activists. He said that dissemi-

Government in an alleged incident in- The Commission observed in its pro- nation of knowledge about protection

volving illegal detention of 113 people ceedings on the 14th June, 2010 that and promotion of human rights can help

as mentally ill in Chennai. the contents of the press report, if true, in such situations. Interns would do







Vol. VII No. 7 July 2010 13

well to disseminate the knowledge, at- post, where one of the Constables al- Considering the contents of the media

tained during their internship on hu- legedly asked her to have sex with him, report as distressing, the Commission

man rights related issues, among oth- if she could not do so with her 12 year observed on the 28th May, 2010 that if

ers. old son. these are true then it is a serious issue of

violation of human rights of the victims,

Forty eight candidates, comprising 26 Considering the contents of media re- and issued notices to the Chief Secre-

girls and 22 boys completed their in- ports as distressing, the Commission tary, Delhi and the Commission, MCD,

ternship which commenced on the observed on the 14th June, 2010 that Delhi, calling for their report within four

17th May, 2010. They were from dif- if these are true then it is a serious is- weeks from the date of receipt.

ferent institutions and universities in the sue of violation of human rights of the

28 states and union territories of the victims, and issued notices to the Delhi The Commission has also asked them

country. Police Commissioner calling for a re- to inform it about the number of deaths

port within four weeks from the date caused in manhole cleaning in the last

The interns mainly comprised post- of the receipt. five years.

graduate level students of law, crimi-

nology and social science. Three can- NHRC takes suo motu cognizance NHRC takes suo motu cognizance

didates shared the best intern award. on poisonous manholes; Issues of polluted drinking water in

The aim of the internship programme notices to Delhi Chief Secretary Delhi; Issues notices to Delhi

was to sensitise the young students and the Commissioner, MCD, Chief Secretary and the Chair-

about the various aspects of human Delhi man, Delhi Jal Board, Delhi

rights. The National Human Rights has taken

suo motu cognizance of media report

NHRC takes suo motu cognizance alleging that out of 53 samples of drink-

of media reports on striping of a ing water taken from various areas in

woman at a police post; Issues Delhi by an NGO only two were found

notice to the Delhi Police Com- potable. The drinking water supplied

missioner by the Delhi Jal Board contained harm-

The National Human Rights Commis- ful substances.

sion has taken suo motu cognizance

of media reports alleging that a woman The levels of faecal contamination,

was forcibly stripped at a Delhi Police The National Human Rights has taken fluoride and arsenic were above the

post, and asked by the cops to have suo motu cognizance of media report permissible limit in many areas. The

sex with her 12 year old son. The re- alleging that three persons died while media report carried on the 19th May,

ports were carried on the 9th June, cleaning a manhole in Delhi. The inci- 2010, was based on the samples col-

2010. dent happened in Adarsh Nagar area lected by Non-Government Organiza-

of North West Delhi on the 18th May, tion, "Hazard Centre".

The incident was reported to have hap- 2010 and reported in media on the 19th

pened on the 21st May, 2010 in Rajouri May, 2010. The report alleged that Considering the contents of the media

Garden police post in the West Delhi. Babu Lal, aged 17 years and Ravinder report as distressing, the Commission

It was alleged that Raghu (12) and Kumar, aged 27 years died after inhal- observed on the 20th May, 2010 that

Ramesh (10) sons of Mukesh Jha (45) ing toxic gases, the manhole while if these are true then it is a serious is-

were detained by the police on the Harish Maini, aged 17 years went in- sue of violation of human rights of the

charges of theft. side the manhole after he was alleg- people of Delhi, and issued notices to

edly forced by his employer to help the Chief Secretary, Delhi and the

In this connection, the police report- them and also lost his life. It was also Chairman, Delhi Jal Board, calling for

edly also ransacked the house of reported while entering in the manhole their report within four weeks.

Mukesh in the Mayapuri area and the victims had covered their nose and

thrashed him along with his family mouth with only a handkerchief in- Visit our website at :

members, including his 30 year old stead of a protective gear which is www.masmindia.org

wife. They were taken to the police mandatory. for online human rights updates.









Vol. VII No. 7 July 2010 14

International Human Rights Update



South Africa's Human Rights Amnesty points out:

Violations in the Name of the Some temporary employment oppor-

World Cup tunities appear to have been created in

the preparations for the World Cup and

there may be a longer-term benefit

from the development of improved

urban public transport infrastructure.

However, protesters from poor com-

munities have continued to raise con-

cerns that the majority of South Afri-

cans are still being excluded from the

benefits of hosting the World Cup.









government had said could hamper

The requirements under the "FIFA by-

military decision-making.

laws" which create extensive exclusion

zones for informal economic activity

While soccer fans around the world Lawyers for the Ministry of Defence

are seen as particularly prejudicial in

cheer on their teams and blow their argued that earlier court rulings risked

the context of a country where a large

vuvuzelas, human rights are being vio- obliging it to protect soldiers from risks

group of South Africans are totally re-

lated in South Africa. caused by conflict, or face potentially

liant on the informal sector economy

costly lawsuits.

for their survival.

Amnesty International reports that

there has been an increase in police Britain has 9,500 troops serving in Af-

brutality towards street traders, the The next World Cup in 2014 will be

ghanistan and a rising death toll there

homeless, refugees and migrants liv- hosted by Brazil, a country that also

has prompted calls for a commitment

ing in townships, or slums. In order suffers from poverty and has a huge

to withdraw them as soon as possible.

to present a clean and beautiful host informal sector. Will the government

Six of the nine judges who heard the

nation to the world, police have at- "clean up" the country to present a

case overturned two lower court judg-

tempted to remove the ugly or un- positive image at the expense of its citi-

ments relating to the death of Jason

pleasant aspects of the country by zens? Only time will tell, but one thing

Smith in Iraq while serving with the

raiding and destroying informal hous- is for sure: Impoverished citizens are

volunteer reserve Territorial Army in

ing. Such actions are in violation of not eyesores, and their rights need not

2003, Britain's Press Association re-

South African law that prohibits be violated in order to host the World

ported.

forced eviction. Cup.

(Source: Amnesty International)

The court was asked to rule on

In addition, police have removed

UK government wins ruling to whether a British soldier on military

homeless people and street vendors

limit troops' human rights service in Iraq was subject to UK ju-

from areas around the World Cup ven-

Britain's Supreme Court today over- risdiction and covered by human rights

ues. Penalties for violations include

turned a ruling that soldiers are pro- laws at all times or only when on a

fines of up to Rand 10,000 (US$1,300)

tected by human rights laws at all British military base or hospital. It

as well as up to six months in jail.

times, reversing a decision which the chose the latter.







Vol. VII No. 7 July 2010 15

Lawyers who represented Smith's retary, said at the time when he was to halt public executions and close

mother called today's ruling astonish- the shadow secretary. down detention camps for political

ing and said it risked undermining the prisoners and their families. He said the

morale of serving soldiers. "Our troops and commanders have non-democratic nature of the govern-

enough to worry about on the battle- ment has created a pervasive 'state of

"It is artificial to assert that rights can field without worrying about where the fear' among its citizens:

be protected on base but not off base," next legal attack will come from," he

said Jocelyn Cockburn of Hodge Jones added. (Source: Reuters)

& Allen.

Human rights abuses continue in In response, Democratic Peoples Re-

"Whose jurisdiction are our soldiers the DPRK public of Korea envoy Choe Myong

under when they are off base in Af- Nam said his government rejects the

ghanistan; Afghan jurisdiction or some report, adding it was part of a con-

sort of legal ''no-man's land''? Either spiracy to eliminate his country under

must be a matter of serious concern the pretext of human rights. He said

to our servicemen and women," she North Korea respects international hu-

added. man rights laws and would endeavor

to promote genuine dialogue and co-

Smith told medical staff he was feel- operation on human rights. Patrick

ing unwell due to high temperatures in Maigua UN Radio Geneva. ( Source:

Iraq - sometimes over 50 Celsius UN Radio)

(122F) before reporting sick in August

the same year. Amnesty says Cuba must end

A United Nations human rights inves- 'climate of fear'

He was found lying face down and tigator says civilians in the Democratic

taken to a hospital but had suffered a Peoples Republic of Korea (DPRK)

cardiac arrest and was pronounced continue to endure harrowing and hor-

dead. rifying human rights abuses.



Smith's family had sought a judicial Vitit Muntarbhorn, the Special Rappor-

review of the case after claiming they teur on the situation of Human Rights

were denied access to crucial docu- in DPRK, is calling on the international

ments during an initial inquest. community to use all means available

to protect the people of North Korea

from what he describes as grievous

A court reviewing the case decided the

and endemic human rights abuses The London-based organization said

European Convention on Human Rights

committed by the military government. Cuban leaders used the longstanding

applied to all armed forces personnel

Patrick Maigua Reports from Geneva: US trade embargo against the commu-

serving outside the UK whether or not

Addressing the Human Rights Coun- nist-led island as what it called a "lame

the death took place on an army base.

cil, Professor Vitit Muntarbhorn said excuse" for repression.

An Appeal Court judgement last year

although the Democratic Peoples Re-

that the Human Rights Act should ap-

public of Korea was facing severe food "The release of all prisoners of con-

ply wherever troops were involved --

shortages, the government continues science and the end of harassment of

now overturned by today’s Supreme

to deprive its people means through dissidents are measures that the Cu-

Court ruling -- had been accused of

which they can attain food security. ban government must take immediately

making life more difficult for battle-

He criticized the country's justice sys- and unconditionally," Kerrie Howard,

field commanders.

tem saying judges, prosecutors and the group's deputy Americas director,

lawyers were part of the state machin- said in a statement that accompanied

"To apply the Human Rights Act in a

ery and lack independence. Prof. the report on Cuba's limits to free ex-

warzone flies in the face of common

Muntarbhorn called on the government pression.

sense," Liam Fox, now defence sec-





Vol. VII No. 7 July 2010 16

"It is clear that the US embargo has dent hunger striker Orlando Zapata "Success begins at home - and devel-

had a negative impact on the country, Tamayo and in recent weeks has oping countries must lead in national

but it is frankly a lame excuse for vio- slightly relaxed its policies toward dis- plans to meet development goals. But

lating the rights of the Cuban people," sidents. success doesn't end there. The world's

Howard said. largest economies have pledged to dou-

One political prisoner was released ble development aid to Africa. Smart,

Amnesty International says Cuba has earlier this month and 12 other moved reliable investments can make the dif-

53 "prisoners of conscience." The in- to jails closer to their families follow- ference."

dependent Cuban Commission on Hu- ing a meeting between pesident Raul

man Rights says the island has about Castro and crdinal Jaime Ortega, head In Canada, Secretary-General Ban is

190 political prisoners locked away, of the Cuban Catholic Church. Church also urging leaders to support the glo-

including the 53 cited by Amnesty. officials have said they are hoping for bal action plan on women's and chil-

the release of more prisoners. ( Source: dren's health, adding that in the 21st

Cuba views dissidents as mercenaries Reuters) century, it is unacceptable that moth-

working for the United States and other ers should be dying during childbirth.

enemies to undermine the government. At G20 summit, UN brings focus And under the partnership of priority,

It has said control of government op- on development goals, plight of the Secretary-General has already an-

ponents will end when the United world's vulnerable nounced the formation of the Millen-

States stops promoting political nium Development Goal-MDG Advo-

change in Cuba. cacy Group which he says will help

generate political will and mobilize a

The trade embargo was imposed 48 global grassroots movement to meet

years ago after Fidel Castro took power the MDGs. ( Source: UN Radio)

in Cuba in a 1959 revolution and re-

mains in place, never having achieved Security Situation Deteriorating:

its aim of toppling the government. Nepal NHRC



Amnesty International said Cuban laws

Global economic recovery depends on

restrict freedom of speech and stifle

growth in developing countries. That's

dissent, and are capriciously inter-

part of the human development mes-

preted by courts serving the desires

sage UN Secretary-General Ban Ki-

of the state.

moon takes to the G-20 Summit in

Canada. The Secretary-General says

It said that the government "has a vir-

there's a need to strengthen the focus

tual monopoly on media while demand-

on three areas: priorities, political will

ing that all journalists join the national

and partnerships. And he adds that the

journalists'' association, which is in turn

first job is jobs:

controlled by the (ruling) Communist

Party."

"It is time to focus on decent work,

not only in wealthy nations, but every-

The government blocks access to op-

where. That means common sense in-

position Internet sites, the group said.

vestments in green jobs, economic op-

Cuba must "dismantle the repressive The National Human Rights Commis-

portunity for women, and more help for

machinery built up over decades and sion (NHRC) of Nepal expressed its

the biggest workforce in the world,

implement the reforms needed to make serious concern over the incidents of

small farmers. Economic recovery can't

human rights a reality for all Cubans," killing, abduction, assault, extortion,

be sustainable without job recovery."

Howard said. ransom and intimidation in recent days.

Secretary-General Ban also points to the

Cuba came under international criti- NHRC, in a press statement, stated on

second priority of greater political will:

cism after the February death of dissi- the basis of its monitoring that the state





Vol. VII No. 7 July 2010 17

mechanism is unable to maintain the ing Palestinians to swear allegiance or

minimum level of security and the law otherwise affirm their loyalty to the

and order is deteriorating due to such State of Israel.”

incidences in several places.

Last week Secretary-General Ban Ki-

It raised serious concern over the moon voiced his deep concern at the

Maoist cadres' attack on NC activists news that the municipality of Jeru-

in Gorkha on June 26, killing of Hindu salem has advanced planning for the

Yuba Sangh's chairman Kashi Tiwari demolition of existing homes and the

in Birgunj and release of Bishwonath construction of further settlements

Adhikari, manager of Dhading based in Silwan, noting that the planned

Madhyanchal Grameen Bikash Bank moves are contrary to international

after 34 days on June 26. It also ex- Richard Falk, the Special Rapporteur law, and to the wishes of Palestinian

pressed concern over the killing of on the situation of human rights on residents. “The Secretary-General

businessman Ramesh Bhandari and his Palestinian territories occupied since reminds the Israeli Government of its

wife Asha in Butwal on June 23, kill- 1967, cited in particular the situation responsibility to ensure provocative

ing of Indra Kumar Shrestha, secre- of four Palestinians threatened with the steps are not taken which would

tary of Bahar VDC in Sarlahi on June loss of their right of residence, as well heighten tensions in the city. The

16 and serial murder of five persons as the plan by the Mayor of Jerusalem current moves are unhelpful, com-

in Janakpur from June 10 to 14. to demolish 22 buildings housing Pal- ing at a time when the goal must be

estinians in Silwan as part of a rede- to build trust to support political ne-

The rights body also expressed its con- velopment of the area. gotiations,” his spokesperson said in

cern over the collective resignation of a statement.

VDC secretaries following insecurity “These actions, if carried out, would

in various districts. violate international law, with certain Mr. Falk said the situation in Silwan

actions potentially amounting to war warrants urgent action by the Israeli

NHRC said that the incidences of kill- crimes under international humani- Government to prevent the occurrence

ings and violence escalated in the past tarian law,” warned Mr. Falk, who of serious violations of international

three weeks and said that the govern- reports to the Geneva-based UN Hu- law, highlighting the fact that East Je-

ment is unable to stop the incidents of man Rights Council in an unpaid ca- rusalem is occupied territory under

abductions and release the abductees. pacity. international law.



Stating that NHRC offices are investi- He said it was “disturbing” that Israel “International law does not allow Is-

gating the incidences in Gorkha, is considering revoking the residency rael to bulldoze Palestinian homes to

Janakpur, Chitwan, and Butwal, the permits of the four Palestinians, who make space for the mayor’s project to

rights body has urged the government are all current or former members of build a garden, or anything else,” he

and the political parties to strengthen the Palestinian Legislative Council and said.

the security situation and ensure peo- long-time residents of East Jerusalem.

ple's right to lead lives freely. The Israeli High Court of Justice is

(Source: The Himalayan) scheduled to consider their case on 6 “This situation should be seen within

September. the context of Israel’s persistent, sys-

Demolitions, New Settlements in tematic approach to driving Palestin-

East Jerusalem Could Amount to “What is particularly shocking is that ians out of East Jerusalem, including

War Crimes – UN Expert Israel appears ready to forcibly trans- by denying them permission to con-

An independent United Nations expert fer these individuals based on their struct homes, declaring their homes

urged Israel to prevent further rights supposed lack of loyalty to the State illegal, forcibly removing families, and

violations in East Jerusalem, warning of Israel,” he stated. “Israel, as an oc- then destroying their homes – all to

that population transfers in or from cupying Power, is prohibited from make way for Israeli settlements.”

occupied territory are war crimes un- transferring civilian persons from East (Source: http://www.nhrc-qa.org/en/

der international law. Jerusalem, and is prohibited from forc- news.)







Vol. VII No. 7 July 2010 18

NHRC Chairman Participates In A Arab human rights group and the human rights that was adopted by the

Meeting in Cairo to Define Pow- NHRC. The meeting, he added, sought recent Arab summit in Sirte.

ers of an Arab Human Rights to develop guidelines and mechanisms

Expert Group for joint action between the NHRC and The Committee also reviewed the im-

the panel in such a way that would fa- plementation of the Arab Human Rights

cilitate an easy working relationship in Charter by Arab League member states

terms of quality, speed and proficiency. which became binding since its ap-

proval its approval by seven Arab mem-

His Excellencies remarks were made ber states. Officials also said the meet-

in the wake of the said meeting, which ing discussed an article related to fac-

was described by informed Arab ing Israel’s Human Rights violations in

League sources said was also attended Arab occupied territories. Recommen-

by Ambassador Hesham Youssef, chief dations, there of, were to be tabled at

of the Office of the Arab League Sec- the Arab foreign ministers in Septem-

retary-General, Ibrahim Sheddi, the ber, 2010

chairman of the Standing Committee

of Arab human rights and Ilham In other news, the Mayor of Paris- a

His Excellency NHRC chairman, Dr. Alshgeni, director of the Arab League senior leader of the French Socialist

Ali bin Smaikh al-Marri, who is also Human Rights Department. Party Bertrand Dulanuel, visiting Qatar

head of the Panel of Experts for Arab at the head of a delegation that it in-

human rights emanating from the Meanwhile, The Standing Arab League tends to meet with His Excellency the

Standing Committee of the Arab hu- Committee of Human Rights resumed NHRC president to discuss progress

man rights group has confirmed that a the deliberations of its 29th session where that has taken place in Qatar in the field

meeting was held in Cairo on 21st June, they discussed topics on the agenda, of women rights.

2010 that discussed aspects of coop- especially regarding the implementation (Source: http://www.nhrc-qa.org/en/

eration and coordination between the of the Arab plan to promote a culture of news.)



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Vol. VII No. 7 July 2010 19

Human Trafficking in India:

A Scourge of Civil Society







W

hen MONA was 13 years, her eral factors, including awareness of agencies, for various reasons, accord

mother died and her father rights, lack of access to rights, illit- lowest or nil priority to HT issues.

remarried. The stepmother eracy, disparities of income , the scope

was uncomfortable with Mona and 2. Insensitivity-The lack of sensitiv-

wanted to send her away for some job, ity to human trafficking is a major chal-

where she would be able to look after lenge. It is more of an attitudinal is-

herself. Along came a ”contractor” sue.

who arranged jobs for youngsters as for exploitation of the victim, poor law

domestic help, etc. He paid a certain enforcement, lack of public awareness 3. Victimization of the victim-More

sum of money to the stepmother and and the ” culture of silence” to viola- often, the trafficked women have been

took Mona to a town far away. He got tion of rights of others. arrested and penalized for ‘soliciting’.

her a job in a massage parlour as a ‘re-

ceptionist’. Even before Mona got to Article 23 of the Constitution of India 4 Improper Investigation-trafficking

know the work profile, she realized that prohibits trafficking in any form. We involves a long trail, starting from

she had been trapped into sexual have special legislations like the Im- the source point, covering several tran-

exploitation. She had become a sexual moral Traffic Prevention Act (ITPA), sit points before terminating at the

slave to the ‘customers’ who fre- 1956, the Bonded Labour System destination. But the investigation is

quently visits the place for full-body (Abolition) Act, 1976 and the Juvenile more or less confined to the place

massage. Justice (Care and Protection) Act, where the victim is rescued. Victims

2000. The law enforcement scenario, remain more often unheard and unrep-

Mona is no exception. She is one of seen from the traditional viewpoint, resented.

the millions of women and children presents a dismal picture. Research

being trafficked and exploited. Mona’s conducted by the National Human 5. Organized crime perspective is lack-

case presents a typical trafficking sce- Rights Commission during 2002-2004 ing in investigation- HT involves sev-

nario. Human trafficking (HT) is one shows that the major issues in law eral offenders like recruiters, transport-

of the gravest violations of human dig- enforcement are as follows: ers, traffickers, harbourers, exploiters

nity and human rights. Trafficking can and conspirators. But often, investiga-

be classified under three heads: (a) for 1. Lack of priority-The law enforce- tion is limited to those present at the

commercial sexual exploitation (CSE), ment agencies and justice delivery scene of rescue. Human trafficking

(b) for exploitative labour or EL and being an organized crime requires shar-

(c) for other forms of exploitation, like ing of intelligence and an in-depth in-

selling of organs, camel jockeying, etc. vestigation into all linkages but this is

rarely done.

CSE could take place in a brothel or

anywhere else like massage parlours 6. Lack of co-ordination-The re-

and bars. The cause of trafficking is sponse to human trafficking requires

two-dimensional. One is the demand co-ordination among the various gov-

factor and the other is the vulnerabil- ernment departments, like police, pub-

ity of the person being victimized. More lic welfare, health, women and child.

the demand, more the crime. The vul- The gap in co-ordination is a major

nerability of the trafficked victim is an- challenge to the response system.

other dimension. Vulnerability, as of-

ten quoted, is not exactly attributable 7. Lack of coordination with NGO’s-

to poverty. It is a culmination of sev- The ITPA and labour laws do assign







Vol. VII No. 7 July 2010 20

specific role to NGO’s; however there ing various stake holders, especially the for the purpose. UNODC has provided

is no institutionalized system of co- media, the corporates, government training and empowerment to these

ordination between the law enforce- agencies including the law-enforce- officers with focus on knowledge,

ment agencies and NGO’s. ment wing and human rights agencies. skills and attitudinal orientation. These

One of the best examples is the Global units are making a tremendous impact

8. Lack of Appreciation-Several in- Initiative in Fighting Human Traffick- on the law enforcement scenario - for

stances of good work done by the ing (GIFT), initiated by UNODC example, in a span of six months, the

police officers, researchers, NGO’s, (United Nations Office on Drugs and AHTUs in Andhra Pradesh have res-

etc, in controlling human trafficking Crime). cued more than 700 victims of which

can be cited. However such actions more than 100 are children under 18.

are not acknowledged and dissemi- Holistic approach The rescued victims are being promptly

nated; often good news is no news and Several agencies working together and taken care of by the government as

bad news is good news. attending to the issues of ‘PPP’ (Pre- well as NGOs, most of them having

vention, Protection and Prosecution), been rehabilitated with the help of cor-

9. Lack of Emphasis on Rehabilita- in a concerted manner has been one porate and business houses. Excellent

tion- This is a major challenge which of the features of the new response rehabilitation has been achieved

leads to not only victimization of vic- system. While police undertake rescue through synergetic action.

tims but also re-trafficking of the res- operations along with NGOs, other

cued person. Despite the fact that sev- government departments immediately AHT is an area, which beckons all those

eral corporates set aside large funds move in, to provide interim relief to who are concerned with human rights.

for social responsibility, lack of the victims. The NGOs take over post- There is much to do and something to

synergy with the law enforcement rescue care and attention in associa- be done by everybody. It is every-

agencies and NGO’s has been an im- tion with the government agencies body’s business. The question is

pediment in effective dovetailing of concerned. whether one is a part of the problem

such sources for rehabilitating the vic- or part of the solution. There is no third

tim. Synergy in action option. Therefore, all who are com-

The UNODC, New Delhi, in partner- mitted to human rights must join hands

However, the emerging scenario is ship with the government of India and in this global initiative to fight human

certainly positive. There are several State government agencies as well as trafficking. We can together ensure

initiatives launched across the coun- civil society has set up ‘anti-human that, Mona is safe in our home and

try to address human trafficking in a trafficking units’ (AHTU) in several community and that Mona lives with

comprehensive and effective manner. states. AHTU is a special task force dignity, like all of us and it will be so

Some of these initiatives may be initi- set up under the State police, by in- with all the Mona’s.

ated by individuals who are commit- volving chosen police officers, NGOs

ted to the cause and due to their initia- and others who are specially trained - HT Bureau

tives, such steps are getting institution-

alized. In fact, during the last six years

of this century, there has been a grow-

ing momentum against human traffick-

ing. The reasons may be many. First

of all, credit should go to NGOs who

have brought the HT issue into the

national agenda. Secondly, several law

enforcement officers and human rights

activists have provided leadership and

proper orientation in achieving better

results in anti-human trafficking

(AHT).



Increased awareness

There is a national momentum, involv-





Vol. VII No. 7 July 2010 21

Environment in Danger:

Safeguarding it is a Dire Need Now







F

or full development as human be ter, land are fundamental to all life rights, as people’s livelihoods, their

ings, exercise and enjoyment of forms, which is much more valuable health, and sometimes their very ex-

Human Rights by all the people than money and economic infrastruc- istence depend upon the quality of and

is necessary. Human rights and fun- ture for the base of our survival. their access to the surrounding envi-

damental freedoms help us to develop ronment as well as the recognition of

our intrinsic qualities, intelligence, tal- For the communities that have been their rights to information, participa-

ents and conscience to meet our ma- tion, security and redress. Destruc-

terial and spiritual needs. tion of environment and thereby of

the natural resources, leads to the vio-

In the long evolution of human race termed ‘ecosystem people’ (people de- lation of human rights directly by un-

on this planet, a stage has been pending on the natural environments dermining the above aspects of hu-

reached when, through the rapid ac- of their locality to meet most of their man existence or indirectly, by lead-

celeration of science and technology, material needs), natural resources are ing to other violations of human rights,

we have acquired the power to trans- the base of their survival and livelihood. for example, through social disrup-

form our environment in countless In India 70% of the population depends tion, conflicts and even war which

ways and unprecedented scale. If this on land based occupations, forests, may conversely lead to environmen-

power is used wisely and with respect wetlands and marine habitats, for ba- tal destruction, for instance, displace-

to the ways of nature, can bring to all sic subsistence requirements with re- ment by war can cause environmen-

communities the opportunity to en- gard to water, food, fuel, housing as tal damage in areas of relocation; or

hance the quality of life or, if applied also for ecological livelihood and cul- breakdown in sustainable common

wrongly or in an iniquitous ways, can tural sustenance. This close interde- property management.

bring incalculable harm to human be- pendence of humans and their envi-

ings and the environment. Some of the ronment largely signifies the influence If we look at society from a historical

evidences of human caused harm in of environment in the culture of soci- perspective, we realize that protection

many regions of the earth are as fol- eties. They seek inspiration, knowl- and preservation of the environment

lows: edge, spirituality and aesthetics within has been integral to the cultural and

1. Dangerous level of pollution in their natural surroundings. religious ethos of most human com-

water, air, earth and living be- munities. Nature has been venerated by

ings. Life, livelihoods, culture and society, ancient Hindus, Greeks, Native Ameri-

2. Destruction and depletion of ir- are fundamental aspect of human ex- cans and other religions around the

replaceable life forms and natu- istence- hence their maintenance and world. They worshipped all forms of

ral resources. enhancement is a fundamental human nature believing that it emanated the

3. Major and undesirable distur- right. Environmental rights are human spirit of God. Hinduism declared in its

bances in the earths’ climate and dictum that “the Earth is our mother

protective layers and we are all her children.” The an-

4. Gross deficiencies, harmful to cient Greeks worshipped Gaea or the

physical, mental and social Earth Goddess. Islamic law regards

health, in the living and work- man as having inherited “all the re-

ing environments of humans, sources of life and nature” and having

especially in cities and industrial certain religious duties to God in using

complexes them. In the Judeo-Christian tradition,

God gave the earth to his people and

It is important that, we realize our de- their offspring as an everlasting pos-

pendence on earths’ natural resources session, to be cared for and passed on

because natural resources like air, wa- to each generation.





Vol. VII No. 7 July 2010 22

Amongst all the people, the only people

who are facing serious crisis in their

way of survival are the indigenous and

tribal people of the world. Their identity

as independent communities and

peoples is threatened because the

social, economic, cultural, natural

resource base which enabled them to

thrive as distinct people is being

trampled upon. The present crisis of

these indigenous peoples consists in the

weakening and damaging of the

ultimate base of their sustenance,

namely land. Since the dawn of

Several hundred million people have suffer from significant economic, independence, the Indian ruling class,

been increasingly forced to live far socio-cultural, and political conse- effectively using the government

below the minimum levels required for quences. machinery, has been alienating adivasi

a decent human existence, deprived of land in the name of ‘national interests’.

water, food, clothing, shelter and And fourthly, environmental deg- The biggest threat to the adivasi people

education, health and nutrition. radation worsens existing problems in the large scale alienation of their land

Development activities which were suffered by developing and devel- is through mega projects such as

taken to alleviate these problems, has oped countries. Air pollution, for mines, industries, wildlife reserves,

often increased them. Many example, accounts for 2.7 million townships, highways etc. and other

communities, which were once self- to 3.0 million of deaths annually and projects in the name of ‘national

sufficient, are now in worse situation of these, 90% are from developing interests’ and ‘national development’.

as their land, forests have been taken countries.

away for ‘economic progresses’. It is The environment conditions have

clear that, poverty situations and It is not only humans that are affected, deteriorated all over the country due

human rights abuses are worsened by but also other forms of life too. The to aggravating factors. The overall

environmental degradation. This is for concept of environment as a basic situation is certainly a matter of grave

several obvious reasons; human right must also encompass a concern, more specifically because it

respect for the right of other species is affecting adversely the quality of life

Firstly, the exhaustion of natural to survive on this planet. There are in of the people and eroding the very

resources leads to unemployment between 5 to 50 million species of foundations of the national economy

and emigration to cities. plants, animals and micro-organisms and national security. As mentioned

sharing the earth with us and each has earlier, the worst affected are the

Secondly, this affects the enjoy- a value of its own. This range of poorer sections of society. The

ment and exercise of basic human species, the habitats they live in, and situation is compounded by slack and

rights. Environmental conditions the internal genetic diversity they inadequate enforcement of laws and

contribute to a large extent, to the display, is called biological diversity or legislation. In this scenario, the

spread of infectious diseases. biodiversity. Such diversity is part of importance of strengthening the

From the 4,400 million of people our daily lives and livelihoods, constitutional safeguards for

who live in developing countries, constituting resources upon which environment protection and nature

almost 60% lack basic health care families, communities, nations and conservation cannot be underscored.

services, almost a third of these future generations depend. Biodiversity There can be no doubt that it is only

people have no access to safe wa- has numerous uses in agriculture, by ensuring ecological security that the

ter supply. medicine, food and industry. It helps goal of sustainable development and

to maintain ecological balance and national well-being will become

Thirdly, degradation poses new evolutionary processes. Its loss is, feasible.

problems such as environmental therefore, a part of the erosion of

refugees. Environmental refugees environmental human rights. - HT Bureau





Vol. VII No. 7 July 2010 23

Curing the Ills of India:

Existing Central Food and Fuel Subsidies for Targeted People

- Dr. Prem Kumar Sinha







T

he Government of India (GOI) It has been very well researched and destinations. Similarly, about half of the

is providing direct subsidy in the established that a lot of subsidies pro- total kerosene earmarked for the BPL

form of supply of essential com- vided by the Government through the cardholders reach black market, a sub-

modities at multi-level discounted TPDS do not reach the targeted peo- stantial portion of which is used for

prices to the various categories of ple. The Government admitted in the adulteration with diesel. The diversion

short-listed people through its Targeted Lok Sabha on the 21st April, 2008 of kerosene to black-market not only

Public Distribution System (TPDS), (Source: www.empowerpoor.com/ generates substantial black-money im-

with a view to provide livelihood sup- print.asp?report=742) that 102.8 mil- pairing the overall economy of the

port to its needy and poor citizens. country, along with its associated per-

Though these subsidies are mostly tar- ils, but also badly degrades the envi-

geted towards people belonging to the ronment of the country resulting in

BPL category and the Antyodaya cat- serious health hazards for the all con-

egory who have been allowed to buy lion BPL household cards had been is- cerned.

wheat, rice, sugar, and kerosene sued whereas Planning Commission of

through the TPDS but people of the India has estimated that there are only Besides the aforementioned leakages

APL category are also allowed to en- 65.2 million BPL households in the and rampant corruption prevailing in

joy substantial discount with respect country, thus more than 35% BPL the TPDS of the country, the poor

to open-market prices, on the purchase cards seem unauthorized. Government across the country also do not receive

of food-grains (wheat and rice) keeps on taking steps to initiate action centrally granted subsidies in equal

through the TPDS. The following ta- against the unauthorized BPL cards but measure. Even the Government data

ble is compiled with a view to project many more such BPL cards keep on as projected in the following table

an overview of the total quantum of surfacing, and the process continues shows that some of the states of the

subsidies, being provided by the GOI without any improvement in ground country with higher percentage of poor

through its TPDS, to the three main realities. people receive per person less govern-

broad categories of people: ment subsidy in comparison to other

The subsidy bill of the GOI for the year It is estimated that about 40 percent progressive states which have lower

2008-09, on account of distribution of of the total food-grains earmarked for percentage of poor people.

food-grains and kerosene through the distribution to BPL cardholders

TPDS, is estimated as under: through the TPDS, reach non-targeted The above table shows that even the

state-wise allocation of central subsi-

Subsidy on food-grains: Rs.440 billion (approx.)* dies, is not commensurate with the

Subsidy on kerosene: Rs.216 billion (approx.)** respective poverty level of these states.

Ideally, this ratio should be one; thereby

* Source: Revised estimates in Interim Budget for 2009-10. implying that the percentage of the to-

** Source: Paris-based International Energy Agency which computed that tal subsidy granted to a state from the

India had spent about $4.8 billion ($1=Rs. 45) on kerosene subsidy in 2007 central pool is proportional to the per-

(Source: Business Standard dated 14th May, 2008), and assuming that vio- centage of the total people of the coun-

lent fluctuations in prices of petroleum products will roughly entail same try living below poverty line in that

amount of subsidy, in the financial year 2008-09, too. state. This mismatch occurs because

offtake of food-grains under the TPDS

Note: Burden on account of sugar subsidy is not being projected mainly is much higher in those states which

because it is minuscule in comparison to burden of subsidy on the food- are able to manage the TPDS in a bet-

grains and kerosene, distributed through the TPDS, and secondly because it ter way. Therefore, in view of the

often fluctuates far and wide from the estimates above, it can be said that the existing







Vol. VII No. 7 July 2010 24

TPDS is also of identification of the BPL families,

not delivering continues with procurement, storage,

desired results and transportation of food-grains, and

as far as equita- ends with diversion of significant

ble distribution quantity of food-grains and kerosene

of resources meant for the TPDS into the black

among people of market.

the country is

concerned; be-

sides deeply em- (This is the fifth in a series of

bedding the cul- articles based on the book

ture of corrup- “Curing the Ills of India”)

tion in public - The author is working as the

life, which starts Assistant Registrar (Academic) at

with the process Dayalbagh Educational Institute, Agra









Allocation of Central Subsidies vis-à-vis Population Below Poverty Line





States Percentage of Percentage of Ratio of

(sample cases) total food total people percentage of

subsidy for below poverty subsidies and

TPDS (average line in the percentage of

of 2005-06 country persons below

& 2006-07) poverty line



1 2 3 4



Bihar 3.5 12.2 0.3

Punjab 0.4 0.7 0.5

Jharkhand 2.4 3.9 0.6

Rajasthan 2.8 4.5 0.6

Madhya Pradesh 5.5 8.3 0.7



1 2 3 4



Uttar Pradesh 14.8 19.6 0.8

… … … …

… … … …

Delhi 1.3 0.8 1.8

Kerala 3.3 1.6 2.0

Tamil Nadu 11.4 4.8 2.4

Andhra Pradesh 10.2 4.2 2.4

Source: Economic Survey 2007-08.







Vol. VII No. 7 July 2010 25

The Gulf Oil Spill:

The Big Brotherly Attitude of the US Again Comes to the Fore

- Ashish Maggo







T

he US has banned most new ernment officials hope will capture all court, and it drew quick condemna-

deepwater drilling until Novem the spewing oil. tion from representatives of the oil in-

ber 30, heightening White House dustry and their allies.

tension with both big oil and coast BP officials have said they are also

communities. aiming to finish drilling a relief well that In moving to reinstate the drilling ban,

will allow them to permanently stanch President Obama again sided with en-

The Gulf spill spill has become one of the flow. Even after the well is sealed, vironmental groups and many voters

the biggest challenges of Barack in big coastal states such as Florida

Obama's presidency. Of course, the and California, who support a halt to

United States is holding the BP respon- new deepwater drilling until the causes

sible which has again raised questions BP and the Gulf Coast face a lengthy of the catastrophic BP well-blowout

over the quality of the capitalistic sys- process of cleaning up the huge slick are known.

tem. But a lot is at stake as how well that has fouled beaches and wetlands

the Gulf Coast states fare now and in from Texas to Florida. Responding to reaction to the latest

the next few years could play a sig- ban, White House press secretary

nificant role in shaping the president's The drilling moratorium could last for Robert Gibbs said: “We know that (the

legacy. weeks after oil has stopped gushing ban) is not without some economic

into the Gulf. consequences to the region.

Even though Obama’s successful reign The ban on new deepwater wells by

depends a lot on the outcome of this Barack Obama’s administration is one “But it's imperative that we have a sense

imbroglio, there should be regulations, of the most contentious elements of of what happened, before we continue

for sure, even in a capitalistic regime. the White House response to the nearly to do this again.”

Agencies intervene and tell private three-month-old oil spill.

owners what to do and what not to Politicians from Florida and California

do. The public interest, actually, de- The new ban replaces a May 27 order praised the new moratorium. Demo-

mands adequate service at the lowest that was struck down by a federal crat senator Bill Nelson said: “Until we

possible price. know what happened

with the Deepwater Ho-

A review of public rizon, and we'll know

policy towards natural very soon, it makes

gas production over sense not to put Gulf

several decades in the Coast residents and the

USA suggests that economies there at fur-

"regulation by commis- ther risk.”

sion is at best a clumsy

tool for achieving eco- But public officials and

nomic goals." many residents of the

gulf states directly af-

The latest round in the fected by the spill say

clash over the ban on the ban threatens thou-

new drilling got under sands of jobs in the off-

way as BP installed a shore oil industry.

new cap on its blown-

out undersea well that Democrat senator Mary

both company and gov- Landrieu said the admin-





Vol. VII No. 7 July 2010 26

emotional. A perfect example of this

without a doubt is the Bhopal Gas

Tragedy remedification case pending

in the law where Obama has been con-

stantly accused, especially by the

Bharatiya Janata Party, of letting War-

ren Anderson free , neglecting in the

process, the loss of thousands of lives

as opposed to a few in the oil spill.



Obama, being a dazzling leader of

men, that he is, suddenly took meas-

ure of the loss and decided that he

would make the private sector pay for

it. Recently, a top US official had to

apologize for an indirect apology that

he issued at the warning bell sent

across by the President Barack Obama

to the company chief responsible for

istration's new order still leaves oil and like it is done in India. The situation the Gulf Spill.

gas companies without “the certainty goes out of hand when something re-

they need to move forward” and pre- lating to public utility excretes itself According to sources, in the late 1920s

dicted the moratorium will “force thou- leading to wastage. The government and early 1930s, large new oil fields

sands of Louisianans into the unem- should remain wary of such incidents were discovered in USA in the

ployment line”. as it directly affects citizens in the SouthWest. These were not huge ex-

State. plorations, however, and the USA for

Interior Secretary Ken Salazar tailored large quantities of oil had to rely on

his new order to respond to the sharp Recently, there was this article which the Middle Eastern countries as most

criticism by two federal courts of the implied how Justice Harlan argued in of the world.

earlier moratorium. A federal district the Smyth case:

court judge in June issued an order " A railroad is a public highway, and - The author is pursuing a Bach-

prohibiting the administration from nonetheless so because constructed elor’s Degree from MBICEM,

enforcing the moratorium, calling it and maintained through the agency of GGSIP University, Delhi

arbitrary and questioning the logic that a corporation deriving its existence and

the Obama administration used to de- powers from the State...It per-

fend it. forms a function of the State."

In another case of Southwest-

The Fifth Circuit Court of Appeals in ern Bell Telephone, Justice

New Orleans rejected the Obama ad- Brandeis remarked " the com-

ministration's plea to reinstate the ban pany is the substitute for the

just 90 minutes after hearing argu- State in the performance of the

ments in the case earlier this month. public service, thus becoming

The Justice Department said it would a public servant."

file to dismiss the case entirely because

the original moratorium is “no longer It is indeed true what

operative”. Spiderman’s uncle said in its

first series that as soon as

Sectors of public importance have a somebody gets a lot of power,

lot of responsibility entrusted on them he also earns a lot of responsi-

naturally and decentralisation to the bility. Sometimes, it is easy to

private sector has to be done carefully disobey rules and become too





Vol. VII No. 7 July 2010 27

The Small Hands of Slavery:

Bonded Child Labour in India

- Darshana Das







C

hild labour is one glaring issue ditions of servitude in order to pay off receive education and are not forced

that needs attention. It is one of a debt. Bondage is a traditional worker- to work for a living, it is unfortunate

the most persistent social issues employer relationship in India. The debt that the problem of child labour exists

that have gripped our nation since dec- that binds them to their employer is to a large extent in our country. In

ades. With credible estimates ranging incurred not by the children them- fact, child labour is the result of vari-

from 60 to 115 million; India has the selves, but by their relatives or guard- ous ills in the society. Poverty and il-

largest number of working children in ians. In India, these debts tend to be literacy are two such manifestations,

the world. Whether they are sweating relatively modest, ranging on average which are visible but there are many

in the heat of stone quarries, working from 500 rupees to 7,500 rupees, de- other factors inbuilt in our society, like

in the fields sixteen hours a day, pick- the position of women in the family,

ing rags in city streets, or hidden away traditional and cultural practices and

as domestic servants, these children feudal attitudes in the country, perpetu-

endure miserable and difficult lives. It pending on the industry and the age ating this problem.

is essentially a socio-economic prob- and skill of the child. The creditors-

lem inextricably linked to poverty and cum-employers offer these "loans" to In absolute numbers, the problem is

illiteracy and it requires concerted ef- destitute parents in an effort to secure large. As per the Census 2001, there

forts from all sections of the society the labour of a child, which is always are 1.26 crores economically active

to make a dent in the problem. cheap, but even cheaper under a situ- children in the age-group of 5-14 years.

ation of bondage. The labour is treated The number was 1.13 crores in the

A child is an invaluable asset of any like security or collateral security and 1991 Census. The incidence of work-

society and has a definite role to play cunning rich men procure them for ing children in the states as per the

in the development of the nation. The small sums at exorbitant interest rates. 1991 and 2001 Census is given below:

future of a country depends on how Though there are clear provisions in

its children are being nurtured to be- our Constitution to safeguard the in- The State with the highest child labour

come the future citizens of the coun- terest of children by ensuring that they population in the country is Uttar

try. Some of the children, forced by Pradesh, followed by Andhra Pradesh.

their socio-economic conditions, take Other States where child labour popu-

up work at a crucial formative age. A lation is more than 1 million are

child whose legitimate place is at Rajasthan, Bihar, Madhya Pradesh and

school is found to be holding a chisel West Bengal. While there has been a

in his hand to supplement the income decline in the incidence of child labour

of his family. This not only prevents in few states like Andhra Pradesh,

these children from getting basic edu- Maharashtra, Karnataka, Gujarat,

cation but also is highly detrimental to Orissa & Tamil Nadu, there has been

their health and leads to the intellectual an increase in Bihar, Haryana,

and physical stunting of their growth. Rajasthan, and Uttar Pradesh & West

Deprivation of the life of academics Bengal.

and other activities of joyful childhood

leads to underdevelopment of their in- Governments did take few directions

nate capacities, which further perpetu- on the right track initially, but most of

ates a scenario of poverty, illiteracy un- their efforts came to naught with time.

derdevelopment and deprivation. Moreover the government efforts did

not reach high profile industries like

"Bonded child labour" refers to the phe- bidi, cigarette making and carpet weav-

nomenon of children working in con- ing. According to Cousen Neff - an





Vol. VII No. 7 July 2010 28

carpet weavers are prone to emphy-

sema and tuberculosis; they also suf-

fer frequent cuts to their hands and

fingers. Silk workers face similar long

and short-term hazards.



As the cost of living and unemploy-

ment in India increase, the rate of child

labor and bonded child labor is also ris-

ing. A 1995 report by the government-

appointed Commission on Labour

Standards and International Trade

found child labor to be increasing in

India at the rate of 4 percent a year,

"while the working conditions of the

children have remained unchanged, if

not deteriorated."



Child debt servitude has been illegal in

official of the Human Rights watch – dren, some of whom are self-employed India since 1933. Since independence,

“Instead of living up to its promises, as shoeshine boys or newspaper ven- India has adopted a plethora of addi-

the Indian government is starting to dors, railway porters and rag pickers. tional protective legislation, most im-

backtrack, claiming the problem is Others are forced laborers, working portantly the Bonded Labour System

being solved. Our research shows that as prostitutes, beggars, drug sellers (Abolition) Act, 1976, which strictly

it is not.” and petty criminals. out laws all forms of debt bondage and

forced labor.

There is also a major link between caste While both boys and girls work as child

and bondage in Indian society. Dalit laborers, the girl child is often subject These extensive legal safeguards how-

family functions as bonded labor due to even more dismal treatment than the ever, mean little without the political

to caste based discrimination and vio- boys. Girls consistently earn less will to enforce them. In India, whether

lence. The caste system in India is one money than boys (as women earn sig- due to corruption or indifference, this

of the main foundations on which the nificantly less than men in India), and will is sorely lacking. All existing labor

edifice of bonded labour rests. Dalits are subject to gender-specific forms

or the so called untouchable are de- of abuse from their employers, includ-

nied access to land in India, forced to ing rape. In addition to lower pay and

work in inhuman conditions, and ex- greater abuse, girls suffer from the

pected to perform labour for free. This higher demands placed on them within

is due to the so called upper castes the Indian household.

boycotting them socially and subject-

ing them to economic exploitation. This Work conditions are dangerous to the

attitude of society keeps the poor fami- health of the child. In the beedi indus-

lies bonded in a scourge of perpetual try, the long hours spent causes growth

poverty and labor. deformities, and the constant proxim-

ity to tobacco dust causes and exac-

About 85 percent of these children erbates lung diseases; there is a very

work in the agricultural sector; the rest high rate of tuberculosis in communi-

work in small-scale industries and the ties dedicated to the manufacture of

service sector, and a large uncounted beedi. In carpet weaving industries,

number of girls working as domestic diseases are similar: the children sit in

servants. About eleven to eighteen mil- a cramped space all day long, inhaling

lion working children are street chil- wool fibers and dust. As a result, the





Vol. VII No. 7 July 2010 29

laws are routinely flouted, with virtu- esses". ILO convention No. 138 sug- All of the policies that the Indian gov-

ally no risk of punishment to the of- gests that the minimum age for em- ernment has in place are in accordance

fender. In the rare cases of prosecu- ployment should not be less than fif- with the Constitution of India, and all

tion, offenders typically receive negli- teen years, and thus the Child Labour support the eradication of Child La-

gible fines. The Indian government, the Act of 1986 does not meet this target. bour. The problem of child labour still

ruling elite, business leaders and the Child Labour (Prohibition and Regula- remains even though all of these poli-

populace as a whole-tolerates this slav- tion) Act, 1986, itself talks more of cies are existent. Enforcement is the

ery in its midst largely due to a vast regulation than prohibition of child la- key aspect that is lacking in the gov-

and deeply entrenched set of myths. bour. An analysis of data indicating the ernment’s efforts. No enforcement data

These myths hold that bonded labor number of prosecutions launched un- for child labour laws are available: "A

and child labor are inevitable products der this Act and convictions obtained glaring sign of neglect of their duties

of India's poverty. They represent the would clearly indicate that this Act, by officials charged with enforcing

natural order of things; if they are to despite all its intentions, has achieved child labor laws is the failure to col-

be changed at all, it can only be through very little. lect, maintain, and disseminate accu-

slow evolution. rate statistics regarding enforcement

efforts" (Human Rights

From the time of its in- Watch 1996, 131). Al-

dependence, India has though the lack of data

committed itself to be does not mean enforce-

against child labour. ment is nonexistent,

Article 24 of the Indian the number of child la-

constitution clearly bourers and their work

states that "No child participation rates

below the age of four- show that enforce-

teen years shall be em- ment, if existent, is in-

ployed to work in any effective.

factory or mine or em-

ployed in any hazard- In order to eradicate

ous employment. Simi- child labour, projects

larly Article 39 (e) di- related to human re-

rects State policy such source development,

"that the health and dedicated to the child

strength of workers . . welfare issues must be

. and the tender age of given top priority by

children are not abused the central and state

and that citizens are not governments to stop

forced by economic necessity to en- The Supreme Court ruling of Decem- the menace of child labor. Child labor

ter avocations unsuited to their age or ber 10, 1996, in an attempt to fill the laws need to be strictly implemented

strength" These two articles show that loopholes left in previous legislation and at the central and state levels. Corrup-

India has always had the goal of tak- to bring in judicial activism to social tion and negligence in child labor of-

ing care of its children and ensuring issues ordered the setting up of a fund fices and employee circles should be

the safety of workers. The Bonded La- for the child workers aimed at con- dealt with very strictly by the judici-

bour System Act of 1976 fulfils the trolling and eventually eliminating child ary and the police force.

Indian Constitution’s directive of end- labour across the length and breadth It is now very important for all Inter-

ing forced labour. In regard to child of the entire country. While setting out national donors to put pressure on the

labour, the Indian government imple- a long list of child labour monitoring Indian government to enforce bonded

mented the Child Labour Act in 1986. obligations of the State Governments, labor and child labor laws in the coun-

The purpose of this act is to "prohibit it also prescribes heavy fines for em- try.

the employment of children who have ployers caught with children at work.

not completed their 14th year in speci- In addition, India has ratified the UN (The author is a member of the

fied hazardous occupations and proc- Convention on the Rights of the Child. Editorial Team of Human Touch)





Vol. VII No. 7 July 2010 30

Education in India:

The Great Admission Rush







I

t is that time of the year when the The number of outstation applicants courses is the relevance of these

college campuses come alive. It is to technical courses like MBBS, BTech courses in the industry. In fact, the

the time when boys turn into men and MCA exceeds the number of as- curricula of different courses are also

and girls into women. Yes, it is the time pirants from Delhi. revised regularly to ensure that they

when admission mania takes over meet the needs of the market.

every other event including the arrival For the B.Tech/M.Tech (dual degree)

of the monsoons and the water log- course, for example, the university has Moreover, DU courses are not de-

ging in Delhi. got close to 33,000 applications from signed in a way to keep a tab on the

hours put in by a student. But, by and

As usual, there is a mad rush of par- large, most of the colleges affiliated to

ents and students to the most sought the IP university emphasise a lot on

after courses in various colleges of discipline and also have a strict attend-

Delhi. With all the hustle bustle, there outsiders for just 670 seats that are set ance system in place.

is also a fierce competition to get into aside for them. MBA, BBA, BTech and

the best colleges of Delhi. While Delhi BA (LLB) are among the other courses The admission at the Guru Gobind

University generally depends on the which are most sought after by this Singh Indraprastha University has al-

percentage of marks that students se- category. So much so, that for many ready started for the academic year of

cure in their 12th standard, there are courses the number of outstation can- 2010-2011. Even if the admission pro-

other universities like the prestigious didates is greater than candidates from cedure starts as early as February with

state university of Delhi, Guru Gobind Delhi. Outstation students, however, the brochures and the application forms

Singh Indraprastha University which can stake claim to just 15 per cent of available, the CET (Common Entrance

conducts a CET (Common Entrance the seats at GGSIPU. About 43 per cent Test) is only conducted in May and

Test) for the manifold professional of the total applications are from this the counselling takes place in July.

courses they offer. category.

Guru Gobind Singh Indraprastha Uni-

But probably, this fact is likely to take Almost everyone is of the unanimous versity admits students to more than

you by surprise because the 49,000 opinion that the interest of students fifty academic programmes. Twenty

seats that Delhi University offers to from other states in IP University has Seven CETs are arranged for the

freshers, has received a whopping 1.3 increased tremendously and a strong enrollment of the students to various

lakh admission forms this year. If you endorsement of this is the number of programmes.

think there is tough competition here, applicants. The basic reason why stu-

take a look at this. Guru Gobind Singh dents are making a beeline for such Talking about the various courses, one

Indraprastha University (GGSIPU) or of the most glamorous and sought-af-

IP University as it is commonly called ter courses is the Bachelor of Journal-

has received a little over 1.6 lakh ap- ism (Mass Communication) pro-

plications for roughly 14,800 seats this gramme.

year.

Current Scenario

Even if the university was established Journalism and Mass Communication

just 10 years ago - is turning out to be is the most interesting career option a

a much-needed alternative to the insti- person can choose for. The job profile

tution founded way back in 1922. And offers challenging assignments as it can

the ones making good use of the alter- lead a person into the wilderness and

native are outstation candidates. to the most happening places in the







Vol. VII No. 7 July 2010 31

course of the job. This is easily the acquainted with the way the industry Future Prospects

most fun profession to choose from works as they also get their by-lines in Future as a journalist holds a promis-

as the work involves meeting people major publications. ing career for the adventurous people

and making the voice of the masses who are willing to go beyond the lim-

heard so that the people in decision Practical Components its of the conventional and bring out

making positions can hear them out and All the students go through a rigorous the facts that matter to the living world.

the society functions as a well oiled process as the practical components People looking for an opportunity to

machinery . Without the profession of play a very important role in the learn- explore the world while they work are

journalism, the world might collapse ing process of these students. The ideally suited for this profession. The

with no one to take the news of one colleges are expected to have the prac- job profile can include long and odd

place to another and keeping the world tical labs of all different areas of study. hours of work, but it also offers an

connected through the thread of hu- While a well equipped computer lab is opportunity to have fun while one does

manity. a must for the entire course, a still pho- his/her job.

tography studio with digital cameras

The course are a must. The electronic media lab The duration of this course is 3 Years

The course is spread over six semes- should have the facility of both audio and a candidate needs to pass in 12th

ters to be completed in three years. and video studios alongwith editing fa- class of 10+2 pattern or equivalent with

Basically, students learn all aspects cilities. a minimum of 50% marks in aggre-

of media like the communication ba- gate and should have passed in Eng-

sics, print media, graphics and de- In fact, some of the leading institutes lish as a subject.

sign, still photography and software like Madhubala Institute of Communi-

applications in the first year. Elec- cation and Electronic Media This year, there are around 880 seats

tronic Media like Radio and Televi- (MBICEM) and others have gone a including the reservations for the nine

sion alongwith New Media are taught step ahead in acquiring a Teleprompter, affiliated colleges of the IP University.

in the second and third year. Apart DSLR still cameras, HD Movie cam- Therefore, the students have to get out

from these, students also learn about eras, Interactive Boards, Class room of this rat race and choose from these

Advertising, Public Relations and Talkies and so on. These equipment nine colleges when it comes to the

Event Management during these three with state-of-the-art technology give BJMC programme. While the oldest

years. This is an intensive course the students a hands-on training college to have got affiliation for the

which gives exposure to almost all thereby increasing the prospect of BJMC programme is MBICEM which

aspects of media. placements. is also the best as far as the infrastruc-

ture, faculty and quality of education

The students are also supposed to do Another innovation by this institute is are concerned, there are others like

two internships after the end of first the introduction of Practical Work- Vivekanand Institute of Professional

year and second year for print media books for all the lab papers which have Studies (VIPS), Jagannath Interna-

and electronic media respectively. acted as boon for the students and the tional Management School (JIMS) and

These internships help students to get faculty alike. Trinity Institute of Professional Stud-









Vol. VII No. 7 July 2010 32

The lab and studio facilities at MBICEM, the leading media institute of GGSIP University





ies (TIPS) which are vying with each other related fields. It also plans to by qualifying in the entrance tests and

other to provide better facilities and launch on-line courses shortly with e- getting into the PG programmes at

training in media education. learning modules. These courses will IIMC, MCRC, Jamia Milia Islamia,

go a long way in helping the students FTII, NID, MICA, SP JAIN, Symbio-

While the parents and the prospective to build upon their skill levels and adapt sis, etc. and some foreign universities

students keep scouting the different effectively to the industry. like Sheridan College, Canada and Lon-

affiliated colleges of the IP University, don University. On the other hand,

there are various factors which help Another pioneering initiative of some MBICEM alumni continue to es-

the students decide about taking ad- MBICEM is to organise “FIRST tablish themselves as entrepreneurs in

mission. The most important factor for FRAME”, the international students’ the corporate world of advertising,

students is the metro connectivity but film festival organised every year. It public relations and video production.

they should also look at the techno- provides a platform for budding film-

logical infrastructure and quality of makers to showcase their work. The In conclusion, it is indeed the time

education before deciding on the col- event attracts participation from not when everything stops for parents and

lege. merely other media schools of India students as there is the great admis-

but from other countries. sion rush in Delhi and other places. As

Since journalism and mass communi- Delhi is the academic capital of India,

cation is such a dynamic career op- As far as placements are concerned, most of the people tend to come to

tion, there are lots of potential jobs in MBICEM again tops the list as the stu- Delhi to pursue their dream. Some

different media and corporate houses. dents are all working with reputed dreams are realised as some remain

Keeping this in mind, MBICEM has media organizations like NDTV, ZEE unfulfilled.

also taken the initiative in this regard News, Aaj Tak, CNN-IBN, UNI, PTI,

by introducing short-term professional TOI, HT, Techbook, etc. Similarly, in - HT Bureau with inputs from

courses in Photography, Advertising, the academic front, MBICEM’s gradu- www.hindustantimes.com and

Computer Graphics & Animation and ates are getting into higher education ipuniversity.com





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