Indian Parliament’s winter session is scheduled from November 19, 2009 till December 22, 2009.
Important updates on some bills which needs urgent attention….
1- The National Commission for Heritage Sites Bill, 2009
UNESCO Guidelines under the signed conventions must have been followed while developing this bill.
There must be provision to protect the independent interest of important sites which have meaningful symbols to national and international heritage. Complying with the Constitutional and UNESCO’s diversity and freedom of expression rules, the bill should reflect on the caste, tribe and religion’s existing vulnerabilities.
Eg. First school in India started by Savitribai Phule at Bhidewada is now taken over by real estate developer and converted it into a mall. In spite of protests from SC/ST organizations hardly any action has been taken by the government, though the venue of this first school was located in Bhide wada (a home given by Brahmin community person), no other community protested to protect this heritage. Jotiba Phule wada is removed from the the heritage protection (public-private)list of the Pune Muncipal corporation history. Many of the Buddhist sites are being converted into real estate properties or at dismal state.
There is need
- to protect the sanctity and originality of the heritage sites,
- to place adequate accountability to protect these sites.
- Ensure strict audit of foreign and domestic money investment for heritage sites.
- It is pertinent to do the survey in India to list the important sites and list down possible threats; also it is important to documents the social, cultural relevance of such sites.
- It is also very important to have representation of responsible experts from SC/ST/OBC community on the board of the Heritage commission
2. The Companies Bill, 2009
- Inclusion of Affirmative action policy in private, public and private-public companies
- Inclusive policy for SC/STs in private and public contracts to remove existing discriminatory policy.
- Periodic social audit of the companies by independent government bodies
- Some political parties had promised such policies before elections, they have moral responsibility to support a legislation without violating basic rights of SC/ST population.
3. The Rehabilitation and Resettlement Bill, 2007
Need for reintroduction of this bill with strong proposal for efficient mechanism to protect the rights of SC/ST and other vulnerable communities. Many upcoming, current development projects must be developed after proper rehabilitation of the vulnerable population who are most of the time SC/ST and other backward castes. Eg. Nandi-Gram, Urban redevelopment, SEZs etc
4. The Provisions of the Municipalities (Extension to the Scheduled Areas) Bill, 2001
As suggested in standing committee report the bill should provide representation of SC (based on population percentage) along with ST in in municipal councils
1. Chapter 2 of the bill provide Right of child free and compulsory education- It makes provision for Right of Children to Free and Compulsory Education Bill, 2008 look for providing free and compulsory education to all children of the age of six to fourteen years. It requires according to bill that no child shall be held back, expelled, or required to pass a board examination until the completion of elementary education. Schools may not screen applicants during admission or charge capitation fees. A child who completes elementary education shall be awarded a certificate.
This looks easy on paper but how it will be implemented will be big challenge
2. Chapter 2 (d) of the bill defines- “child belonging to disadvantaged group” means a child belonging to the scheduled caste, the scheduled tribe, the socially and educationally backward class or such other group having disadvantage owing to social, cultural, economical, geographical, linguistic, gender or such other factor, as may be specified by the appropriate Government, by notification;”
The category of disadvantaged groups not clearly defined. No specific mention of percentage of representation Scheduled Castes and Scheduled Tribes and other groups. (see the first letters of SC/ST in the bill are small, Constitutionally incorrect)
3. Chapter 3 of bill enlists- Duty of appropriate Government and local authority to establish school. – There is no clear guideline in terms of its implementation and monitoring mechanism. Who will be responsible for sharing responsibility state center, is it more centralized so as to implement it more rigorously.
One can file a grievance by a writing complaint to the local authority and appeals shall be decided by either the State Commission for Protection of Child Rights or the specified authority. Again what the mechanism and special provision of discrimination against disadvantaged groups like Scheduled Castes and Scheduled Tribes.
4. Chapter 4 of bill enlists – Extent of school’s responsibility for free and compulsory education.-it makes provision that Schools shall admit students to the extent of at least twenty-five per cent of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion. And reimbursement to per child expenses to the schools which have not have received any government support in terms of any land, building, equipment or other facilities, either free of cost or at a concessional rate.
The ambiguity in terms of target “disadvantaged groups” can provide scope for discrimination against representation of children belonging to Scheduled Castes and Scheduled Tribes population.
5. What will happen to these disadvantaged children after fourteen years of age when they appear in 10th Standard? Interestingly government has reduced the budget for higher secondary education and increased the budget for elementary education(see table below). Is this honest attempt to bring equality in Indian education system?
6. Overall this is welcome move, though such law should have been after the commencement Constitution of India, it had provision that within 10yr all children should have basic education.
Why governments waited for so long to think about such act?
Table- Plan Allocations Earmarked for SC and ST population (in Rs. crore)
2004-5(RB)
2005-6(RB)
2006-7(RB)
2007-8(RB)
2008-9(RB)
2009-10
budget
ScheduledCaste
Dept Of SecondaryEdu & Higher Education (Ministry of HRD)
0
266.33
259.28
453.52
4026.31
1477.73
Dept of EleEdu & Literacy(Ministry of HRD)
60
2027.57
2739.86
3509.65
987.16
4323.64
Scheduled Tribe
Dept Of SecondaryEdu & Higher Education (Ministry of HRD)
Will not this judgement give open hand to police to do away or force FIR Atrocities applicant not to mention the caste of accused. This will automatically help diverting the caste-atrocity cases under CrPc and reduce the importance of SC/ST(PoA) Act. In general also there are increasing number of cases of caste based atrocities which are not registered under SC/ST(PoA) Act, eg. recent case of Khairlanji.
No need to mention accused’s caste in SC, ST cases: Apex court
NEW DELHI: It is not necessary to mention the caste of the accused in the FIR in cases relating to atrocities under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the Supreme Court has held.
A three-judge bench of Justices Arijit Pasayat, Mukundakam Sharma and H L Dattu ruled that police can commence investigation on the basis of a complaint from the victim even if he or she had failed to mention the caste of the accused person.
“Whether the accused belongs to Scheduled Caste or Scheduled Tribe can be gone into when the matter is being investigated,” the apex court observed, setting aside a Bombay High Court decision to quash the proceedings against an accused on the grounds tha t the victim Ashabai Machindra Adhagale failed to mention his caste.
The high court citing earlier judicial rulings had quashed the proceedings by invoking Section 482 CrPC under which it can quash a criminal case against any person. It quashed the criminal case after upholding the plea of the accused that the FIR did not disclose his caste, as mandated by the Act.
Aggrieved by the high court’s move Adhagale appealed in the apex court. – PTI
In an attempt to enhance the criminal procedure code, some amendments are sought in the present CrPc Code. The Code of Criminal Procedure (Amendment) Bill, 2006 will amend the Code of Criminal Procedure, 1973. Some of the recommendations are good but few of them will act against poor and most probably woman, farmers, poor, Dalits, Adivasis, and other marginalized sections of the country.
The standing committee has submitted the report to government this month. See few points to ponder:
·The Bill makes it mandatory for a witness to sign statements made to the police. Material witnesses in heinous offences are to be produced before a magistrate for recording of statement.
·The provisions regarding signing of statements by witnesses may not reduce the chances of a witness turning hostile as there is no change in the evidential value. But this will act against witnesses who are threatened for their life. Social, economic and politically disadvantaged will suffer the most.
·A witness who deviates from his statement given before a magistrate may be tried by a fast-track procedure.
·The role of the lawyer appointed by the victim to “coordinate“with the prosecution is not clear. The mechanism for computing the compensation scheme for victims is not specified.
·The Bill defines a “victim” and provides for a victim compensation scheme. The victim may be permitted to appoint a lawyer to “coordinate” with the prosecution.
·The Bill increases the number of minor offences which can be tried under a fast track procedure. It provides for speedy investigation and trial of sexual offences against women.
·A police officer has to specify in writing the reasons for making an arrest in cases of offence punishable with imprisonment up to seven years. In certain cases, the police can also issue a “notice of arrest” rather than arresting a person.
The timeline specified in the Bill for investigation and trial of a sexual offence against women is not mandatory in nature.
If you feel it is against the interest of oppressed sections, do write to the parliamentarians and ministers.
Violation of fundamental rights enshrined in Constitution of India by proposing features like section 4 under ‘The Scheduled Castes and Scheduled Tribes (Reservation in Posts and Services) Bill 2008’
With reference this bill following points must need urgent attention and action.
1.Equality of opportunity in matters of public employment (Article 16) and birth (Article 15) are vital section of the Fundamental rights enshrined in the Constitution.These Articles of Constitution cannot be amended by a simple majority in both the Houses of parliament. Also parliament can’t make law prohibiting these essential rights.
2.The proposed features like section 4 under ‘The Scheduled Castes and Scheduled Tribes (Reservation in Posts and Services) Bill 2008’ are unwarranted and violate the fundamental rights enshrined under Article 16 (Equality of opportunity in matters of public employment). According to Art 16 (1)-There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
3.According the Constitution of India, in the name of national importance can’t make any rules to discriminate SC/ST population. Nowhere in the world is government makes a law to discriminate their oppressed population projecting something important and hence should have exclusion policy (against SC/ST in India). Rather the most prestigious institutes should be first to implement the affirmative action policies.
4.Most of the institutions amongst 47 mentioned under section 4 schedule of the proposed bill, have SC/ST reservation policy of Indian constitution. Central government can’t put forth a bill which violets the basic fundamental rights of Constitution. If central government wants to enact a law to discriminate SC/ST faculties in public institutions, government need to amend the Art.15, Art 16 and all other basic structure of Constitution. Such amendment is not possible under the constitutional law of the Indian nation. Article 13 (2) provides for the protection of the fundamental rights of the citizen and change the basic structure of the constitution. Parliament and the state legislatures are clearly prohibited from making laws that may take away or abridge the fundamental rights guaranteed to the citizen.
5.As we all are aware that SC/ST representation in teaching posts in the Central Universities, IITs, IIMs, NITs and other Institutes of higher education is negligible even after 62 years of independence of India.
6.First time in the year 2005, the Govt. of India, MHRD vide their order No. 6-30/2005 U-5 dated 6th December, 2005 has directed the UGC to implement the SC/ST reservation on teaching posts in Central Universities and Institutes which are deemed to be Universities receiving grants from Govt. of India. Consequently, the UGC directed all the Central Universities and other Institutes to implement the SC/ST reservation on all the teaching posts such as Lecturer, Reader and Professor and by whatever other nomenclature the posts are known. The same type of order was sent by MHRD to IITs in June, 2008. These orders were validated by the Hon`ble Supreme Court in case of SC/ST. Moreover, in these orders only posts were made reserved and no relaxation was given to SC/ST candidates in eligibility criteria to maintain the standard of higher education.
7.Working Group Report of the “DEVELOPMENT OF EDUCATION OF SC/ST/MINORITIES/GIRLS AND OTHER DISADVANTAGED GROUPS” for 11th Five Year Plan (2007-2012) states that the teaching and other posts in the universities and other institutions should be filled as per the reservation policy without any dilution. UGC should make strict rules and regulations to fill in the post of reserved category. Defaulting universities or affiliated colleges should not be granted financial support or any grants.
8.The policy guidelines mentioned in Para 2 above are in infant stage and being formulated for implementation by the Central Universities and IITs. In the same time the Govt. of India is going to pass ‘The Scheduled Castes and Scheduled Tribes (Reservation in Posts and Services) Bill 2008’ in the Parliament, whose only objective is to end the representation of the SC/ST community from the premier and resourceful institutes of higher education.
9.The most disappointing parts of the above said bill are clause (iii) and clause (iv) of subsection (1) of section 4, according to which there is no reservation to posts higher than the lowest grade of group ‘A’ posts and classified as scientific and technical post; and to posts higher than the lowest grade of group ‘A’ posts in institutions of national importance and Indian Institutes of Management specified in the Schedule. It means that there will be no SC/ST teacher in IITs and very few SC/ST teachers in Central Universities (total 47 educational institutes at present and more can be added). Therefore, section (4) of the bill is against to the existing reservation policy mentioned in Para 2 and that will result in bad to worse condition of SC/ST community in higher education.
10.The Banaras Hindu University itself has around 2300 teaching posts. As an average all the 47 institutes mentioned in the Schedule have twenty three thousand and five hundred (47×500 = 23500) teaching posts and as per the recommendations of Sixth Pay commission, all of them are higher than the lowest grade of group ‘A’. Thus around 5287 posts out of which many can be filled by the SC/ST candidates are being exempted from the preview of reservation. Most of the Universities have affiliated colleges also (more than 100 colleges are affiliated with DU) and therefore, this number may go up to 10 thousand.
11.It is worth to mention that there is no representation of the members of SC/ST community in the Executive Boards and Selection Committees constituted for the recruitment of teachers in higher educational institutes. History is evident that the merit of candidates belonging to SC/ST category is ignored by the selection committee when they apply under general category. Further, due to negligible representation of SC/ST candidates on teaching posts in the universities, the SC/ST students face lot of difficulties in completing their projects and Ph.D. etc; and welfare schemes for SC/ST students also do not run successfully.
12.In the present bill, nothing has been mentioned about the ban on de-reservation, steps to stop the discrimination with SC/ST candidates in selection committees and panel action against the defaulter officers. Moreover, in this Bill all the existing provisions for SC/ST reservation on teaching posts in Central Universities and other Higher Educational Institutes mentioned in Para 2 above have been weaken and an instrument (subsection 2 of section 4) has been provided to prevent the SC/ST candidates from entering into the higher education. One day, Govt. of India will declare the Parliament as an Institute of National Importance and therefore no representation for SC/ST in the seats of MPs/MLAs.
Does this bill inclusive for the for Scheduled Caste and Scheduled Caste families? What are the alternative programs for the families whose income level is below the norms?
Highlights of the Bill(PRS website)
àThe Maintenance and Welfare of Parents and Senior Citizens Bill, 2007 seeks to make it a legal obligation for children and heirs to provide maintenance to senior citizens.It also permits state governments to establish old age homes in every district.
àSenior citizens who are unable to maintain themselves shall have the right to apply to a maintenance tribunal seeking a monthly allowance from their children or heirs.
àState governments may set up maintenance tribunals in every sub-division to decide the level of maintenance.Appellate tribunals may be established at the district level.
àState governments shall set the maximum monthly maintenance allowance.The Bill caps the maximum monthly allowance at Rs 10,000 per month.
àPunishment for not paying the required monthly allowance shall be Rs 5,000 or up to three months imprisonment or both.
Key Issues and Analysis
àIt is unclear whether the creation of maintenance tribunals will ensure financial independence for senior citizens, or whether parents will likely take their children to court to obtain a maintenance allowance from them.
àThe definition of senior citizen includes both Indian citizens aged over 60 years, and all parents irrespective of age.Also, the Bill does not address the needs of senior citizens who do not have children or property.
àRelatives are obliged to provide maintenance to childless senior citizens.The Bill defines “relative” as someone who is in possession of or would inherit a senior citizen’s property.As wills are changeable, it is unclear how one would determine who would inherit the property after death. àOnly parents may appeal against the decision of the maintenance tribunal.Neither childless senior citizens nor children are permitted to appeal.
àState governments may establish old age homes and prescribe standards for services provided by them.However, the Bill does not require them to do so.
nullThis new bills will adversely affect the rights and empowerment of women, especially the Scheduled Castes and Scheduled Tribes women (constitute poorest of poor in India) who strive day and night and do savings in self help groups.The Micro Financial Sector (Development and Regulation) Bill, 2007Highlights of the Bill
The Micro Financial Sector (Development and Regulation) Bill, 2007 seeks to promote the sector and regulate micro financial organizations (MFO).
àNational Bank for Agriculture and Rural Development (NABARD) shall regulate the micro financial sector.àEvery MFO that accepts deposits needs to be registered with NABARD.Conditions for registration include (a) net owned funds of at least Rs 5 lakh; and (b) at least three years in existence as an MFO.All MFOs, whether registered or not, shall submit annual financial statements to NABARD.
àEvery MFO that accepts deposits has to create a reserve fund by transferring a minimum of 15% of its net profit realised out of its thrift and micro finance services every year.
àThe central government may establish a Micro Finance Development Council to advise NABARD on formulation of policies related to the micro financial sector.
àNABARD shall constitute a Micro Finance Development and Equity Fund to be utilised for the development of the sector.
àNABARD is designated as the regulator of the micro financial sector.However, its dual role as a key participant in the sector and the regulator could lead to conflict of interest.
àBanks and deposit taking Non-Banking Financial Companies (NBFCs) have to comply with Reserve Bank of India’s (RBI) prudential norms designed to safeguard depositors’ funds.While the Bill enables NABARD to prescribe norms for MFOs, it specifies some norms which are less stringent than for banks and NBFCs.
àUnlike banks regulated by RBI, the Bill does not exempt registered MFOs from the Usurious Loans Act, 1918 or state laws which cap interest rates.
àThe Bill defines “micro financial services” to include insurance and pension services without specifying to whom such services are to be provided.This implies that every insurance and pension company would be regulated by NABARD.
http://money.aol.com/news/articles/_a/report-indian-government-to-tighten/n20070626051609990003
The issue of clinical trial and human subjects is considered as one of high importance in western world and least important to the elites and multinationals.
Human subject regulations in western world has significantly controlled the clinical trials on African Americans and other minorities in USA, European countries.
Now more than 200 ongoing drug trial projects in India will show hazardous effects on the lives of our people in few years. These trials are prohibited and corporates/universities has to go through strict Institute Review Board (IRB)regulations before conducting such trials. If the target populations of company are African American, Women, Prisoners, Hispanic, Latinos or any other minorities, it is very difficult to get permission (Ref:
http://grants.nih.gov/grants/peer/tree_minorities_clinical_trials.pdf
http://www.hhs.gov/ohrp/humansubjects/guidance/45cfr46.htm)
Glosary on Human Subjects
http://grants.nih.gov/grants/peer/tree_glossary.pdf
http://grants.nih.gov/grants/peer/
These human subject Institute Review Board(IRB) is also equally important for all the research whether it is related to medical field or social science, engineering. Any research which has relevance to human being must have clearance from such regulations. So one can understand the significance of such regulations for Scheduled Castes, Scheduled Tribes, Women and other marginalized section of Indian society.
Good articles on human subjects
http://www.science.doe.gov/ober/humsubj/fall06.pdf
So now these corporates are in India and in the non-existence of any human subject population policy it will kill and affect many of Scheduled Caste and Scheduled Tribe populations which is most vulnerable.
Now we need to check and act :
1. Indian Lawmakers are drafting a bill to give the Central Drug Authority, is this bill inclusive of concerns of Scheduled Castes, Scheduled Tribes, Women and other marginalized section of Indian society?
2. How strong these regulations will be? Developing what we want in this regulations, propose, and advocate ?
3. Can UGC, CSIR, Ministry of Health, Ministry of HRD take up this issue to have Institute Review Board regulations for all other research happening in Indian Universities, IITs, IIMs,etc.
4. Students/faculties from JNU, IITs, TISS and other institutes can do research on this issue.
