The Tribune, Chandigarh, India

Safe in her hands
Skill and training helped pilot land

Air India pilots have been getting bad Press recently because of the strike that has resulted in hundreds of flights being cancelled. But all it took was the skilful handling by a pilot of an Air India plane on Sunday to get appreciation from relieved passengers and officials, and not so incidentally, garner positive headlines in the next day’s papers. The aircraft, flown by Captain Urmila Yadav and her co-pilot Yashu, had lost one of its nose wheels during take-off from Khumbirgram Airport in Silchar. The two women pilots decided to fly on Guwahati, where the Lokopriyo Gopinath Bordoloi International Airport has better facilities. They exhausted the excess fuel and landed the plane safely, in spite of turbulent weather and a missing wheel. The plane had 48 passengers and four crew members, including the two pilots.

Even as we appreciate the skill and courage of Captain Urmila Yadav and Yashu, we cannot ignore the overall effect of the pilot’s strike on the ailing national airline, which has come to epitomise the saying: “The government should not be in the business of running a business.” Air India is in a mess because of various issues, including the lack of an inspiring leadership, unresolved issues that arose out of the merger of Air India with Indian Airlines, a bloated number of staff members, a precarious financial situation that requires regular government infusions, and now the pilot’s strike which has crippled the airline.

Air India had many competent people like the two pilots who landed the damaged plane, but as an organisation it needs to put its house in order. The government would do well to appoint a competent CEO, and back him fully so that the airline can take tough decisions to survive. It will take political will, competent business practices and a long time for the airline to get back to its former days of glory. No doubt, the airline can still find a safe landing even though it has been damaged and is facing turbulence. It needs competent hands in its cockpit, and the assurance of support from government emergency services to save it from a disaster.

Saina’s win in Thailand
Hope for medal at London Olympics

Saina Nehwal has won again and all’s well with the world, right? Yes, but only up to a point. Saina’s second title of the year revives hopes of a medal at the London Olympics. These hopes had flagged after her early defeat in the Indian Open Grand Prix in April, which left her in tears and put a question mark over her strategy. This year Saina shed five kilogrammes to gain speed on the court, tinkered with her game and changed her racquet. Was it wise to realign her game in the Olympics year? ‘No’ seemed to be the answer as she appeared to be still coming to terms with the changes in her physique and game.

Her coach, former all-England champion P Gopi Chand, had insisted that Saina just needed a bit of time to adjust. Her victory in Bangkok seems to support this view, and calls for celebrations, but they must be tempered with caution. Six of the top women badminton players in the world are Chinese, and none of them played in Bangkok. Saina beat four Thai players in the five matches she played. The one Chinese player she beat, Li Han, in the second round, is ranked 39th in the world.

As an 18-year-old, Saina came close to winning a medal in the Beijing Olympics four years ago, when she lost in the quarterfinals. It seemed then that she’d be good for a medal in four years’ time at the London Olympics. Since qualification rules allow a maximum of three entries from one country, Saina would have to deal with a maximum of two Chinese players in London, in the semifinals and final, if all goes well. She has a favourable win-loss ratio against only one of the top Chinese players. She’s played world number one Wang Yihan five times and lost each time. It is a sobering thought, and a good time to remind us of this.

Thought for the Day

To be trusted is a greater compliment than being loved. —George MacDonald

ARTICLE

Meaningful report by interlocutors
Towards a new compact with the people of J&K
by T.V. Rajeswar

The three interlocutors — Dileep Padgaonkar, Radha Kumar and M.M. Ansari — who were appointed to study the situation in Jammu and Kashmir and come out with suggestions to bring about a political settlement presented their exhaustive report recently.

It must be said to the credit of the interlocutors that they have made a thorough job of their assignment. They made 11 visits to Jammu and Kashmir and covered all the districts of the state. The interlocutors met more than 700 delegations in all the 22 districts and also held three round-table conferences. The interlocutors held three mass meetings attended by cross sections of the people. They also met militants and some detainees in Central Jail, Srinagar, as well as the families of victims of alleged human rights abuses.

The interlocutors have referred to the deep sense of victimhood prevalent in the Kashmir valley and that it surely deserves to be addressed with great sensitivity. The report refers to a widespread desire of people to lead a life of dignity and honour. The report speaks of the people’s desire for freedom from harsh laws, freedom from judicial delay and freedom from threats to the religious, linguistic and cultural identities of all communities. Based on these aspirations and feelings of all the people of Jammu and Kashmir, the interlocutors believe that a broad consensus exists on the need for a political settlement in the state.

The interlocutors believe that J and K should continue to function as a single entity within the Indian Union. They strongly believe that the state’s distinctive status, guaranteed by Article 370, must be upheld and that its erosion over the decades must be reappraised. It is the view of the interlocutors that the people of J and K must exercise their democratic rights in this regard. Towards the end the interlocutors have recommended that a constitutional committee be set up to review all Central Acts and Articles of the Constitution of India extended to the state after the signing of the 1953 agreement. Such a constitutional committee should be headed by persons who enjoy the confidence of the people of the state and the people of India as a whole and that the committee should include constitutional experts who enjoyed confidence of all stake-holders. The constitutional committee should make the recommendations in six months and these should be binding on all.

Article 370 on the Constitution of India was adopted as a temporary transitional provision with respect to J and K. The primary and the most important recommendation of the interlocutors is that Article 370 should remain as part of the Constitution and that its retention as a permanent measure is indispensable for maintaining the special status of J and K.

While releasing the report of the interlocutors, the Home Minister said the Centre was keen to have an informed debate on it by holding workshops around the country in the next couple of months. In due course, an all-party meeting will also be called for discussion.

Since Parliament was in session till recently, the interlocutors report should have been submitted to the House. During the next session of Parliament the Opposition is bound to raise the issue followed by a debate in both Houses. The government will have to make a statement on what it intends to do with the report.

At a parallel level there is bound to be a discussion on the recommendations within J and K itself. The views of the ruling party, the National Conference, the PDP as the principal opposition party, and other opposition groups will be awaited with keen interest.

Externally, the reaction of the Government of Pakistan and the political forces there would also be of considerable interest.

The description of Article 370 as “temporary” should be replaced by the word “special” as it has been used for other states, under Article 371, like Maharashtra and Gujarat. In fact, such special dispensation has been extended to several states like Nagaland, Assam, Manipur, Andhra Pradesh, Arunachal Pradesh and Goa. The interlocutors have stated that the people of Jammu and Kashmir have experienced for over six decades a feeling of systematic denial of democratic rights. The people had witnessed the arrest of their popular leaders without the due process of law. The violence perpetrated by militants and others took a heavy toll. Their grievances and aspirations were due to the persistent sense of deprivation.

If there is a strong feeling of deprivation because of the perceived weakening of Article 370, its retention as a permanent measure in the Constitution should be acceptable to the political parties and the people of India as a whole. After all, similar special dispensation has been given to some other states also. Once the retention of Article 370 as a permanent measure is accepted, there should be no objection to setting up a constitution committee to review the various Acts and Central laws extended to Jammu and Kashmir since 1953.

The interlocutors have emphasised the need to fully implement the extension of the jurisdiction of the Election Commission of India and the Supreme Court to Jammu and Kashmir. They have recommended the retention of the name of Governor and the Chief Minister in English as well as in Urdu as they were in 1953. This recommendation is entirely in order.

The interlocutors have also recommended the appointment of a judicial commission to go into the issue of unmarked graves and the question of missing persons over the years. The state human rights commission has since brought out very disturbing facts, which have led to the Jammu and Kashmir Police registering as many as 2,683 FIRs about unidentified bodies in unmarked graves in the three districts of North Kashmir. The very fact of the police having registered so many FIRs and that the unmarked graves contained well over 2600 bodies is a grave indictment of the administration in the state during the difficult years. The administration has to now ensure due and speedy investigation of all these cases and bring the accused to justice.

More interestingly, the interlocutors have said under para V of the “executive summary” of the report that all opportunities for cross-LoC cooperation should be used to take appropriate measures to regard Jammu and Kashmir as a bridge between South and Central Asia. This is a commendable long-term objective to be realised.

The writer is a retired Governor of UP and West Bengal.

MIDDLE

The four ‘sutras’
by Vandana Shukla

In the classic film “Teesri Kasam” Raj Kapoor looks back at the disappearing bullock-cart carrying the “nautankiwali” (theatre actor) played by Waheeda Rehman back to her life. And he takes the third “kasam” (oath) that he will never let a “nautankiwali” sit in his cart.

I learnt four profound lessons within a span of just one day. Year — 2003. Place — Jalandhar. I was doing a story on the children orphaned by militancy in Punjab. That day I had met the children of police martyrs at DAV Public School. After the school visit I had an appointment with the then DGP, Punjab, M. S. Bhullar. At the appointed time I reached his office, to be told by his staff that there was a “paath” at his house and he had left a word for me to join him at his place. I followed.

The “paath” was not just a family affair, as I had assumed. A shamiana was raised and caterers were engaged. I was told to remove my shoes and join the others in the “shamiana”. A policeman dutifully offered me a scarf to cover my head.

I had interviews planned back to back to take advantage of my visit. After much delay when the “paath” was over, I was told that I must partake of langar, without which I wouldn’t be allowed to leave. The langar turned out to be a nice buffet lunch.

To join the buffet, I began looking for my shoes which were not traceable. They seemed to have walked away with some other feet. My head was still covered, though. I had bought a pair of Reebok sneakers on my visit to the US and was literally wearing them down for the comfort they offered. You didn’t get them in India those days. I was aghast. I told the DGP, rather sarcastically, “It’s a great comment on the working of the Punjab police.”

Lesson one — Don’t lose guard even at a policeman’s house.

The DGP’s daughter-in-law came to my rescue and offered her belly shoes. The shoes were two numbers higher than the size that would fit my feet. At four in the evening I had an interview with KPS Gill in the sports ground. I had to walk a lot to reach the spot. Now I knew the discomfort of getting into someone else’s shoes.

Lesson two — Don’t expect shoes to accommodate feet like you accommodate the world.

K.P.S. said he would talk to me later. We assembled at the SP’s House, where Gill with his “men” was present. The evening continued to be stretched with man’s talk that almost always revolve around politics and cricket. Since Gill was heading the Indian Hockey Federation, it also had some sprinkling of hockey. After drinking three cups of tea to match the “man’s world” I got this insight.

Lesson 3 — Gender equality is a invented to delude 50 per cent of the population into working hard.

I couldn’t get over the loss of my shoes and didn’t wish to resist the temptation of sharing this experience with the IG, Police, Punjab, who was a “reliable source” for me, to rub a bit of embarrassment onto him.

After listening to my ordeal nonchalantly, he said, “This is nothing; money is stolen from my wallet every now and then by my men who work at home. But I don’t tell my wife, or she will nag me for being an inefficient police officer!”

Lesson 4 — Never try to shame a policeman. Chances are that he will get his due at home.

OPED LAW

Independent machinery is needed under the Commission for Protection of Child Rights Act, 2005, to ensure children’s safety, while the process of criminal law can move in the mainstream
State panels on child rights a must
Anil Malhotra

Children are the future, but that future is not safe if we don’t protect them. The condition of inmates of child protection homes exposed in Haryana recently shocked the conscience of the nation. Physical, mental and sexual harassment has been rampant in several such private institutions.

National and state commissions for protection of child rights under the CPCRA also have the jurisdiction to ensure implementation of the Right to Education Act.

Offences of molestation, rape, wrongful confinement, criminal intimidation and immoral trafficking have been registered against these protection houses, where caregivers had turned into predators.

A plethora of laws exist to protect child rights. The Protection of Children from Sexual Offences Bill, 2011, is also on its way to become a deterrent law. However, enacting laws is not the solution. Sensitisation regarding child rights, appointing ombudsmen to protect children and, above all, providing special care to their privileges is the need. Indifference, tardiness and insensitivity in protection of children must end. Callous treatment of children should be penalised by socially ostracising child offenders, as law alone is not the remedy.

A wholesome law

India participated in the United Nations (UN) General Assembly Summit in 1990, which adopted a Declaration on Survival, Protection and Development of Children, and acceded to the Convention on the Rights of the Child (CRC) on the December 11, 1992. The CRC is an international treaty that makes it incumbent upon the signatory States to take all necessary steps to protect children's rights enumerated in the Convention.

In order to ensure protection of the rights of children, one of the recent initiatives that the government has taken is the adoption of the National Charter for Children, 2003. The UN General Assembly Special Session on Children held in May 2002 adopted an Outcome Document titled "A World Fit for Children", containing the goals, objectives, strategies and activities to be undertaken by the member countries for the current decade. Accordingly, the Commission for Protection of Child Rights Act (CPCRA), 2005, was enacted by Parliament to provide teeth and implement the UN Convention. This is an Act to provide for the constitution of a national commission and state commissions for protection of child rights and children's courts, which would facilitate speedy trial of offences against children or of violation of child rights and related matters.

Starting point

In light of the CPCRA, it is incumbent on governments of all states and UTs of the country to take necessary steps to protect children's rights enumerated in the CRC. Sections 13 and 24 of the CPCRA provide ample powers both to the national and state commissions for taking necessary steps and recommending appropriate remedial measures with regard to issues pertaining to all children in distress. These can be enforced in all states by setting up state commissions for protection of child rights under Section 17 of the CPCRA in their jurisdiction. Thus, as a starting point, states need to set up the commissions so that the entire machinery can be galvanised in this direction.

Any contention by any state or UT for not setting up such a commission should not be entertained, especially in view of the sensitivity and magnitude of the problems relating to children in difficulty.

To complete the setting up of a fully operational system under the CPCRA, children's courts can be constituted under Section 25 of the Act and Special Public Prosecutors can be appointed under Section 26. Thus, independent of the other statutory enactments dealing with criminal laws or other penal provisions in general, the CPCRA can be very effectively utilised for individually setting up a statutory system for enforcement of child rights specifically. This will create an exclusive forum for in-camera proceedings for redress of children’s rights issues and provide timely relief.

The issues pertaining to missing children or children in distress can be exclusively looked into by the respective state commissions in view of the powers vested in them under Sections 13 and 24 of the CPCRA. If a state commission concerned suo motu or upon inquiry into complaints came to the conclusion that there was a violation of child rights, non-implementation of laws relating to children or non-compliance of instructions pertaining to the welfare of children, it can under Section 15 of the CPCRA approach the Supreme Court or high court for necessary orders. A commission can also recommend to the government concerned grant of interim relief. Thus, any individual case of children in distress can be immediately remedied by a commission under the law.

A state commission has to have six members — out of which at least two should be women — specialising in child health, welfare or development, juvenile justice, child psychology, laws related to children or having knowledge of children in distress. The commissions are vastly empowered to examine all factors affecting children — including trafficking, torture, exploitation, pornography and prostitution — and recommend appropriate remedial measures. The commissions have mandatory powers to forward cases to any magistrate. Independently, a commission upon inquiry can recommend initiation of proceedings for prosecution or any other action deemed necessary. The panels can thus go a long way towards checking cases of trafficking of children, particularly for exploitation, begging, prostitution and pornography. It would also be an attempt towards eliminating all organised child mafias.

Specialists needed

A conjoint reading of the remedies under the CPCRA indicates that an altogether separate and independent machinery can be set into motion under its provisions to specifically look into issues related to child rights, while the process of criminal law can move in the mainstream.

Child abuse can be curbed with a heavy hand only if children’s issues are dealt with under separate parameters under the watchful eye of child specialists, i.e., qualified members of the State Commission for Protection of Child Rights, besides child welfare or inspection committees and boards. Trained and experienced persons, sensitive to child rights, are required to handle their issues.

Once child offenders are apprehended, speedy trial of the offences can be ensured in children’s courts, which can be set up under the CPCRA.

A vigilant commission — both as a watchdog and investigator — can play a significant role in helping children in distress. Children in trouble need to be handled by child specialists, and not in the general stream, so that necessary time and energy may be devoted.

Not police alone

Children go missing, are abused or are maltreated in silence. In view of this, the police or investigating authorities should not be solely responsible for pursuing the reported cases of children in distress. Rather, public bodies, NGOs, and state legal services authorities should be made part of the support services, which would help speed up the investigation process.

If the authorities and public bodies at various levels — village, district, state and the Centre — work together to identify children in distress, it will be possible to efficiently investigate and locate children in difficulty, besides preventing future instances of abuse and abduction.

Considering that India is a large nation geographically, with vast territories housing a multi-cultural society and a population of over 1.1 billion people, resolving such critical issues is not easy. However, keeping in view that children are a highly vulnerable section of society, every effort should be made to devise methods to protect them.

FOUR ACTS DESIGNED TO PROTECT CHILDREN

A perusal of the various Acts to protect children would show it is best that every state set up a panel under the Commission for Protection of Child Rights Act (CPCRA), 2005, to look into matters regarding child rights not visualised in other laws. These panels can utilise the powers of state boards, authorities and committees for seeking effective implementation of the four Acts compared below.

STORY THUS FAR
The only states that have set up commissions to protect child rights:
Delhi, Goa, Sikkim, Maharashtra, Karnataka, Madhya Pradesh, Rajasthan and Assam.
Punjab, Haryana and Chandigarh need to set up district child welfare committees, besides state and district inspection committees, as required under Sections 29 and 35 of the Juvenile Justice (Care and Protection of Children) Act, 2000. Selection committees for these panels have to be headed by a retired high court judge. Having ex-officio members of such committees is pointless as government officials have no inclination or time for child-related issues.

The writer is a lawyer specialising in child rights and family law issues. E-mail: anilmalhotra1960@gmail.com