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On Record Foreign contributions Bill Ombudsman to help consumers |
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Reflections
Profile Diversities — Delhi Letter
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On Record Simi Kamal, Member, Pakistan’s National Commission on the Status of Women (NCSW), was in New Delhi very recently. The Karachi born, Cambridge-educated lady belongs to a very liberal and multicultural Sunni family. Her parents were born in India.
A social scientist, geographer and development consultant, Kamal’s selection as Member, NCSW, was approved a year ago. The NCSW is for all women of Pakistan including minority women. It seeks to address their problems and what they have to suffer due to their personal laws, she says. After holding meetings with the National Commission for Women, Delhi Commission for Women, Women Power Connect and other NGOs, Kamal is convinced that “women’s organisations in South Asia should join forces to fight patriarchy — the root cause of injustice to women”. Excerpts: Q: Sex selective abortions in India have resulted in imbalance in the child sex ratio. How acute is the problem in Pakistan? A: The trends have been changing in the last decade. If you look at children below five years, there are more boys than girls. But if you look at children below nine years, girls marginally outnumber boys. Girls don’t live to reach the age of one plus due to neglect and malnutrition. Attitudional studies over the last 20 years have shown that couples don’t mind if they have girls or boys. Similar studies have shown that pressure to have boys is more from the in-laws, not necessarily from the husband. People in the rural areas are those who have son-fixation, but they have very limited access to services as sex determination tests or even institutional delivery. The real problems in Pakistan are that of very high Infant Mortality Rate and Maternal Mortality Rate. In rural and tribal areas of Pakistan, women are not valued by men. They are never taken to any healthcare facility unless they are close to dying or have complications. The male dominated society does not want to give women reproductive rights. If they were to give women the unilateral decision making power in reproduction, it would reduce their patriarchal powers. Q: Outsiders feel that Pakistani woman is vulnerable to violence related to patriarchical attitudes. A: We have instances of acid throwing and honour killings to settle disputes between men. Women are seen as property and chattels. We are trying to counter these trends by making progressive laws to counter discriminatory laws and bringing pro-active policies for women’s empowerment. We are trying to change people’s mindset and are drawing out positive guidelines of philosophy and religion to counter the negative, customary and tribal laws. For example, under the Islamic law, women have the right to inherit. However, under the tribal law, she should waive off that right. The guidance from the Holy Quran which support woman’s emancipation and participation is being more readily available to the public. NGOs are also working on these lines to counter all the negative practices in society. Q: Pakistan is too notorious for honour killings. A: Honour killings have been part of society forever. In situations where tribal systems dominate, patriarchy is strong and constitutional systems are weak or difficult to access, the parallel system raises its head. Because it is a patriarchal system, even fairly innocent actions of women are taken to affect family honour whereas some criminal acts of men are glorified. Some attitudes are extremely Victorian in that you suppress and lock up your own women at home but freely access others as mistresses. Q: The Pakistani media has been criticised for its poor coverage on women’s plight. Is it true? A: It was the open media debate on some controversial provisions of the Hudood Ordinances that put pressure on the government to act. On the whole, the Pakistani print media and the local media sensationalise issues related to women. The media tends to sensationalise reporting on women instead of attempting analytical or objective reporting. They run stories as “Girl ran way with paramour”, “Girl brings shame to family”. But then, one should also look at the media’s positive role too. Consider the case of Mukhtaran Bai, a victim of gangrape. The entire media was behind her. The fact that the media was so much involved in her story and aftermath that made the nation sit up. Eventually, the rapists were convicted. Q: How would you sum up the status of Pakistani women in the present times? A: In some ways Pakistani women have moved forward, but they need to move forward in many more fields. We have 33 per reservation for women in local government, 17 per cent in national Provincial Assemblies and Senates. On an average, there are 20 per cent women in Assemblies and Senates. In the next round of elections in 2007, all these quotas will go up to 33 per cent. Besides, two-third of the Immigration staff at Pakistan’s airports are women. We also have women fighter pilots and successful businesswomen. Q: How can the problems of women in South Asia be addressed effectively? A: I have been to all South Asian countries and I feel that women are facing the same problems. If we join forces, we can try to come to grips with patriarchy. The free flow of goodwill and support among all the women of South Asia can really help change the system and make a more just society. Our NCSW and your National Commission for Women have agreed to set up an apex group to address common problems of South Asian countries. We will also approach other South Asian nations.  |
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Foreign contributions Bill THE Union Cabinet has cleared the Bill to repeal the 30-year-old Foreign Contribution (Regulation) Act, 1976. To be tabled in the current session of Parliament, it seeks to provide more teeth to the enforcement agencies to regulate donations from abroad. The proposed Bill’s preamble has been reworded to prohibit acceptance and utilisation of foreign contribution or foreign hospitality for any activities detrimental to national interest. It also bars several organisations, including those of a political nature and electronic media houses and journalists from receiving foreign funding. Enacted in 1976 and amended in 1984 and 1991, the FCRA has been monitoring the receipt and utilisation of foreign contribution received by NGOs and civil society organisations including academic institutions. The Union Cabinet has cleared the Bill after due examination in past two years. In July, the Union Home Ministry announced the Act’s repeal and a new law. Later, the Group of Ministers decided to revise the FCRA. In the whole exercise, however, the government did not consult the voluntary sector, except through informal discussions in the seminars. This amounts to the Centre’s apparent lack of faith on the concerned stakeholders. The process of consultation always gives the stakeholders due confidence and ownership, setting a model of partnership as in the case of the preparation of the proposed National Policy on Voluntary Sector by the Planning Commission. This policy is currently awaiting the Cabinet’s green signal. The Bill contains some tough regulatory measures to regulate the expenditure, utilisation and accounting of registered association receiving foreign grants and contributions. A notable provision is the renewal of registered associations under the FCRA every five years. This will have a negative impact on registered associations both from the perspective of reporting and good work of most grassroots voluntary organisations. It proposes stricter control and regulation of registered associations receiving foreign charity and grant. This is surprising because business and economy is being liberalised and a more enabling environment is being built up. On one hand, the government allows micro finance institutions with pre-decided end use to raise financial resources up to US $ 5 million through external commercial borrowing (ECB) route. And, on the other, it is imposing curbs on registered associations receiving foreign grant and charities. This is a clear policy contrast. The Bill aims at providing an effective mechanism to regulate expenditure, utilisation and accounting of foreign funding received in this country. It also provides for proscribing the use of foreign contribution or any income arising out of it for speculative business. There is, however, little clarity on “speculative investment”. More so when the Income-Tax laws allow charities to invest in government approved securities and mutual funds. The Bill also stipulates for government permission before receiving funds from abroad after the identification of the person, areas and purposes for which funding is required is mentioned. This would bring in subjectivity in dealing with situations that may arise of specific contexts. The Bill provides for use of foreign funding through more than one bank account, besides sharing of information with security agencies on contributions beyond the specified amount. Information sharing with security agencies on account of suspicion will make things worse for many voluntary organisations. It has provisions for compounding of certain offences. To maintain transparency, it includes a provision whereby an individual or an organisation should be informed why registration has been refused. On the face of it, this may sound reasonable, but voluntary organisations would find it difficult to deal with such situations. The Bill is comprehensive with all kinds of controls and regulations on the voluntary sector, but is silent on issues relating to speedy justice for registered associations. Every sector has a concept of appointing either an Ombudsman or a regulatory authority vested with rights and obligations to provide justice to those who suffer. In the case of the FCRA Bill, it would be eminently desirable to set up an independent and autonomous regulatory authority or Ombudsman for providing quicker justice to the victims. Such a mechanism will go a long way in helping those seeking justice. It is noteworthy that the Planning Commission has prepared a National Policy on Voluntary Sector setting a broad contour of a meaningful partnership between the voluntary sector and the government, involving voluntary sector representatives. Deemed as a blueprint on the government’s policy intent, this incorporates the need to create an enabling environment and simplify procedures for effectiveness and self-regulation of the voluntary sector in a holistic manner. It would be in the fitness of things if the policy on voluntary sector gets ready. Otherwise, once the proposed Bill is passed by Parliament, there could be a situation of policy paradox before the voluntary sector. The voluntary sector stands by the Centre’s concerns on national safety and security. However, the Bill conditioning the receipt, utilisation and accounting of foreign funds with stricter control and regulation will kill the spirit of voluntary action. The enforcement agencies must punish the rogue organisations with exemplary measures within the framework of the existing laws to promote and protect the larger public good. A more humane law, enabling legal and political environment and speedier justice mechanisms will not only ensure quality compliance amongst stakeholders but also create a germinating ground of faith and confidence building measures. The voluntary sector has appealed to the government to intervene in the matter to provide voluntary sector an enabling environment for continuance of their good work in larger public good. It remains to be seen whether the Union Government is committed to helping the voluntary sector. The former is aware of the fact that the latter has been working hard and contributing to the Gross National Product to the tune of 3 per cent. The government would do well to avoid the policy paradox. In view of the past role played by the voluntary organisations over the years and their current contribution in nation building, a more liberal, enabling and humane legal framework needs to be evolved. Stringent legal systems have killed the spirit of voluntary action elsewhere internationally. And they will have the same potential in our case too in the context of much deeper grassroots realities. The writer is Chief Executive Officer, Voluntary Action Network India (VANI), New Delhi |
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Ombudsman to help consumers OVER the years, a number of Ombudsmen have sprung up in the banking, insurance, income-tax, power sector and so on. A proposal for Ombudsman in the telecom sector is on the anvil. Consumer forums at the district, state and national level provide a quasi judicial machinery for speedy and efficient redressal of consumer grievances. However, they were taking a long time for settlement of disputes. Consequently, the Consumer Protection Act was amended in 2002 to provide for settlement of cases within three months after receipt of complaint. The need for alternative mechanism for redressal of grievances against service providers has been felt for various reasons. Normal procedures through civil courts are lengthy, time consuming and expensive. Rising incomes coupled with TV boom and consumerism have helped in demand creation. However, these services are susceptible to deficiencies of all kinds. Against these perils, the consumers need protection and immediate relief. The redressal mechanism has to be quick and efficacious. Hence, the need for an alternative mechanism. The Ombudsman route is simpler, cost effective and speedier. A complaint can be filed on a paper or prescribed form. It is sent for comments to the party complained against. Thereafter, there is an informal hearing with no formal recording of evidence or engagement of lawyer. The Ombudsman acts as a mediator to arrive at a settlement acceptable to both parties. If that fails, the Ombudsman passes an award. Significantly, having approached the Ombudsman, this alternative mode does not bar the complainant from moving any other forum or civil court, if he/she is unhappy with the award. Further, under some schemes, service providers of concerned authorities cannot file appeal against the award, resulting in finality and end to litigation. The alternative mode is in a nascent stage of development. The general public is not fully aware of how to approach the consumer forums. Though the Consumer Protection Act is only 20 years old, awareness about consumer forums has become quite pervasive due to extensive coverage by the media — print and electronic. There is need to educate the public about the alternative mode mechanism for securing speedy relief. The media, the service providers and the authorities have an important role to play in spreading awareness on the type of complaints to be lodged and the nature of relief that can be sought. No new set up can succeed unless it enjoys the trust and confidence of both the parties. For any new institution, building trust is a long drawn out process. It requires sincere and earnest efforts on either side. The initial reaction of responding organisations is not always positive. Their perceptions change over a period of time when they are convinced that the settlement would be fast and fair. Ombudsman can provide relief to the aggrieved parties. n The writer is a former Secretary to the Government of India |
Reflections THE
recent news report, “due to improved law and order, Bihar was fast becoming the new destination for business investments”, is a message loud and clear. Undoubtedly, there is an indisputable link between security, economic prosperity and all round development. Why then are we, as a nation, not in a tearing hurry to put in place a vastly reformed criminal justice delivery systems, which are robust and fully accountable to the law, so that we go ahead and sustain the magical target of 10 per cent GDP growth? The question that arises is: What is holding us back? Is something the matter with our mindsets? Perhaps yes! These mindsets are widespread and encompass almost all influential sections of society. Let us examine the key ones and ask some questions...
Meanwhile, research establishes that the ordinary tenure completion of District Superintendents of Police has been abysmally low, as a practice in most states. And even constables are being transferred by some of these conscientious politically accountable representatives instead of the police headquarters.
The biggest case in point is the non-introduction of the Police Commissioner System as recommended by the National Police Commission decades ago. This system would have replaced many dual controls in policing and entrusted the Police Commissioner with direct responsibility and accountability on certain urgent matters of law and order and police administration.
So who plans ahead? And with what commitment? And what stake? Policing being a State subject, police plans (if any) are made by the respective states and are dependent on their own state budgets. And in our vast country all are not at par, as is evident. The difference in police responses to crimes between Delhi, Ghaziabad, Noida, Gurgaon and Faridabad is there for all to see. The future of internal security lies in our having a well- thoughtout National Police Plan which the states mandate for themselves on some essential agreed secure practices. On top of it all, we need to collectively address the issue of federal crimes as cyber, terrorism, money laundering or other inter-state and international organised crimes. For this, there needs to be convergence on laws, sharing of actionable intelligence, utilisation of state-of-the-art technology, commitment of resources with reliable, effective and modern delivery systems, all independent of internal differences. The Soli Sorabjee Committee, appointed by the Central Government a year ago, has drafted a Model Police Act 2006. The key features of the model act are: *Police officers must remain accountable to law. *Clear process of selection of the Director General of Police, with a fixed tenure. *Similar transparent selection process for other officials also with fixed tenures. *Huge focus on training. *A whole new approach to constabulary. *Introduced a graduate concept of civil police officer as the officer on the beat while leaving riots or night patrols or guarding duties to the armed constabulary from district reserves. *Constitution of a State Police Board *Placement of a 3-year strategic police plan before the state legislatures. *Rural areas get due attention *Police Commissioner System for Urban areas above ten lakh population. *Creation of Security Zones. *Greater use of technology. *Separation of Law and Order from Special Crimes Investigation and Police Accountability Commission for Enquiry into Serious Crimes committed by police officers. The work has been done. The follow-up now is in the court of conscientious citizens, inclusive of all mindsets to ensure its implementation in letter and spirit. For our present and our future… The initiative now is squarely in the court of conscientious citizens, inclusive of all mindsets to ensure its implementation.
Now.
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Profile Significantly, members of the Sachar Committee did not accept a pie for devoting their time and energy to write the report. The government did not spend anything by way of hefty salary and allowances on them unlike in other commissions and committees. The arduous task of touring various states to find out the Muslims’ status and then getting down to write a report, which itself may become a landmark in the months to come, was purely voluntary. Prime Minister Manmohan Singh himself handpicked Justice Sachar to head the panel knowing well that the former Chief Justice of the Delhi High Court would do the job objectively. The panel did produce an objective and honest report. Tabling of its findings on the Muslims’ status in Parliament was a big moment in the life of 84-year-old Justice Sachar. He is also known as a noted social activist, crusader and humanist. There was a time when he was a fixture on what had come to known as Delhi’s left-liberal, “jholawallah-friendly” circuit. Some called him a doyen of the “Lahore nostalgia” school of Punjabi intellectualism. Few know that Justice Sachar’s father, the late Bhim Sen Sachar was a member of Pakistan’s Constituent Assembly and so was I.K. Gujral’s father. They accompanied their respective fathers to the Constituent Assembly and heard Jinnah’s eloquence. Belonging to Lahore, Bhim Sen had no intention of migrating to India but an incident changed the course of his life. He, along with his son, had travelled to Karachi by train. They planned to return by train. Incidentally, the Karachi-Delhi air service also started at that time. The inaugural flight was to take off. Having never travelled by air, the younger Sachar was excited and persuaded his father to book an air ticket. On reaching Delhi, they were told that the train by which they were scheduled to travel was attacked en route and many passengers were brutally killed. It was providential escape for them. In Delhi, Bhim Sen called on Jawaharlal Nehru who was frantically looking for him. “Punjab is on fire. Take a military escort and shift immediately”, Nehru told him. Thus began the Sachar family’s tryst with destiny in India. Bhim Sen subsequently became the first Chief Minister of Punjab. In the early years of his career, Rajinder Sachar became a firebrand socialist, having joined the then Congress-Socialist Party and taken to trade unionism. He drew inspiration from leaders like Acharya Narendra Dev, Jayaprakash Narayan, Ram Manohar Lohia and Acharya J.B. Kripalani. He was greatly influenced by JP. Interestingly, he shared a room with committed socialist-leftists like D.D. Joshi (the late Subhadra Joshi’s husband), Chaudhary Brahma Prakash and Mir Mustaq. Fired by idealism, the Punjab Chief Minister’s son took to streets, participated in demonstrations and courted arrest. Once, when he was detained in Delhi jail and his father came on inspection. Bhim Sen, as Chief Minister, also held the department of jail as Delhi’s jail came under the jurisdiction of the Punjab Government those days. The jail authorities asked the CM if he would like to see his son. Pat came the reply, “No. I am here to inspect the jail”. Though in different political parties and working at cross purposes, the father and the son had excellent relationship. Bhim Sen was very accommodative, his family members say. In a by-election from Hisar constituency, Rajinder actively worked for the Socialist Party candidate who was pitted against the Congress nominee. The CM campaigned for his party’s candidate, but the Socialist Party’s nominee won by a handsome margin. After graduating from Lahore’s Government Law College, Rajinder joined the judiciary and acquired the reputation of a humanitarian judge. In all “attempt to suicide” cases that he dealt with, he was guided by his conviction that a depressed person attempting suicide needed medical help and counselling. Putting such persons in jail would amount to cruelty. He also wanted abolition of death penalty and favoured mercy killing. After his retirement as Chief Justice of the Delhi High Court, Sachar was back to activism. He was elected President of the People’s Union for Civil Liberties (PUCL) for three successive terms from 1986. He argued in several PILs in the Supreme Court including a recent one filed by his brother-in-law Kuldip Nayar on the issue of domicile clause and the open ballot system in the Rajya Sabha elections. It was because of his consistency that the Supreme Court has laid down guidelines on phone tapping. He also strongly questioned TADA and POTA in the
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Diversities — Delhi Letter IT’S peak time here. No, not just in terms of the number of weddings taking place, but these weeks are packed with just anything and everything. And with we Indians not really used to mind our own business, there are other distractions as well in terms of the so-called VVIPs getting booked for one reason or another. Anyway, we move on with several important books set to make their presence felt. Oxford University Press (OUP) published, Memory, Metaphor, Mutations. It is a book about the contemporary art of India and Pakistan. It has been jointly written by Yashodhara Dalmia and Salima Hashmi. It was released here at the IIC on Friday by Mrs Gursharan Kaur, wife of Prime Minister Manmohan Singh. In keeping with the very title, Professor Salima Hashmi, Dean, School of Visual Arts, Beaconhouse, National University, Lahore, spoke on the art scene in Pakistan. He focussed on the issues related to art and culture in Pakistan and also in the broader Asian context. On Dec 6, Gulshan Dietl’s volume on Saudi Arabia is also set for big release. I don’t know what took this JNU academic all the way to Saudi Arabia, but again it seems to be a book which concentrates on the present-day state of affairs in the desert kingdom. Again, it wouldn’t be just a simple book release ceremony; it will be followed by a full-fledged analysis and discussion by West Asian experts. On Dec 11, Kripal Dhillon’s volume, Identity and Survival: Sikh Militancy in India 1978-1993 (Penguin) will be released. In the coming weeks, some more books will hit the stands. A more prominent one will be the book by Maj-Gen Ian Cardozo (retd). Its title is, The Sinking of INS Khukri — Survivors’ Stories (Roli). Also to be released is New Delhi-based German writer Roswitha Joshi’s debut novel, Once More (UBSPD), with German Ambassador to India Bernd Mutzelburg playing the chief guest’s role. Though the novel dwells on a romantic theme, Roswitha perhaps didn’t help holding back the memories of the havoc that war had played on the German psyche of that generation. Reflections of that are more than apparent in this. Weddings and
traffic jams In the midst of this serious book business, let me also mention of two weddings. One which took place last weekend and another due next week. Last weekend, Suneet and Mani Shankar Aiyar’s daughter Yamini got married former bureaucrat-turned politician Krishna Kumar’s son Adarsh. The reception was so well attended that there was a full fledged traffic jam on Akbar Road. The bungalow was packed with guests and it was difficult for one to get out. In fact, nobody seemed in the mood to get moving. The atmosphere was informal and relaxed, amidst a recital of Carnatic music and Meera bhajans by Bombay Jayashri. This writer has nothing to say about the huge wedding ceremonies and receptions. But the traffic police should also ensure smooth flow of vehicles especially during VIP receptions. December 14 will see the wedding of Kuchipudi duo Raja and Radha Reddy’s daughter Yamini. Herself a trained Kuchipudi dancer, she keeps an extremely low profile and, perhaps, in keeping with that she is marrying into a traditional Andhra family of Hyderabad. It is said that some 30,000 weddings are due in New Delhi on Dec 13! I suppose the less one commutes that day, the safer it will be. You know as well as I do what road rage can do or undo. Though we Indians talk big in terms of non-violence and more, one little accident is enough to show how intolerant we are. Even before words are flung, there are blows and bashing and more. Somehow wrong and foolish notions of bravado and manliness are in vogue and it’s time to drill that a non-violent man or a woman is actually a far better being than angry creatures. Parents and social scientists ought to play a vital role here. Seminar on
M.N. Roy There was a day-long seminar here on the contemporary relevance of M.N. Roy’s political philosophy. He was a far thinking radical humanist. Sadly, today, the present generation knows little of his rather clear and firm views on the Kashmir crisis, the Hindus and Muslims of India and the subcontinent and so on. Today, a revolutionary like Roy’s stark views are very relevant to broaden the vision of the present
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The path of knowledge is very difficult but being impartial towards all helps one on this path. It means not having any loved ones or any hated ones. Everyone must be treated equally irrespective of relationships. Sages sped life times searching for this
balance. The first is called Vaishvanara, in which One lives with all the senses turned outward, Aware only of the external
world.
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THERE
are certain little known facts about the well known social crusader and
humanist Justice Rajinder Sachar. He recently headed a panel to examine the
social, economic and educational status of Muslims in India. When he was 23,
he had heard Mohammed Ali Jinnah addressing Pakistan’s Constituent Assembly.
His companion was former Prime Minister I.K. Gujral of the same age group.