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Unbecoming of a
General Positive beginning |
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Modi's road map
spelt out
Learning to accept
mistakes
Children’s homes:
Tales of broken promises
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Positive beginning Chinese
Foreign Minister Wang Yi's visit to India has brought about positive indications of improving ties between the two Asian giants. Indeed, Wang's meetings with External Affairs Minister Sushma Swaraj and Prime Minister Narendra Modi were marked by bonhomie and repeated statements about focusing on the future rather than the past problems. The contentious border dispute was put on the back burner, with Wang maintaining that his country is ready for a final settlement, even as his disingenuous explanation about the stapled visas being issued to some Indians does not sound convincing. The focus of the discussions was business. China is India's largest trading partner and there is an enormous potential to increase such ties, especially as India invests heavily in infrastructure projects. The trade ties with China are lopsided with India lagging heavily, something that the Modi government will have to address. The Chinese are keen to further the relationship that they had built with Modi in Gujarat, where they have invested heavily. On his part, Modi is keen to use Chinese investment and expertise to achieve the development goals he has promised. Pragmatism is a sound guiding principle for foreign ties. China is facing a degree of isolation as opposition to its expansionist maritime policies mounts. It is facing criticism from Asian nations, and is keen to improve ties with India. It has established some strategic footholds in the Indian Ocean too, which is a cause of concern in the South Block. Now even as Wang lays the ground for the forthcoming visit of Chinese Premier Li Keqiang, he is well aware that progress in foreign relations can take time. There is little doubt, however, that increasing business ties is a good way of focusing on the future. However, this should not come at the cost of the strategic and basic boundary issues being ignored. Both India and China will have to work together to ensure that they focus on maximising convergence and minimising divergence. With this visit, they have made a right beginning in that direction.
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By failing to prepare, you are preparing to fail. — Benjamin Franklin
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North-West Frontier once more PUNJABI Hindus who have been robbed and kidnapped and who have obtained their freedom by payment of heavy ransom where they have not been killed impatiently at the ransom money not forthcoming as quickly as expected by trans-border raiders and robbers greatly appreciate the strong and forcible though brief note which Sir Thomas Holdich has contributed to the latest issue of the Journal of the Central Asian Society. He has, indeed, laid the Hindu traders of the Peshawar frontier under a debt of obligation to him by calling attention to their long suffering which is due at least as much to the inadequacy of protection as to their own misfortune in being traders whose wealth is officially described to attract raiders. Sir Thomas Holdich unerringly lays his finger on the sore that needs probing when he asserts that “there never can be peace so long as robbing and raiding is attractive and easy to the uncultured but physically splendid races of Pathan tribesmen of the North and the way of escape is certain.” Swadeshi bank failures and their lessons
THOUGH everybody rushed to the press to severely moralise on the failure of some Indian banks and to point out the lessons to be learnt, few have since explained the actual causes that led to the collapse of many purely Indian concerns. It was rumoured that the Government of India would appoint a Commission of Enquiry and the names of some of the members who were consulted were also mentioned. But to this day no such enquiry has been ordered for fear that the facts of the enquiry may increase the panic and lead to a big financial crisis. Nevertheless an impartial enquiry would be of no inconsiderable advantage in Indian banking interests.
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Modi's road map spelt out
LIKE the speech from the throne in Britain, the President’s address to the joint sitting of the two Houses of Parliament in this country is always written by the government of the day. The head of state just reads it out. This is how it should be because the presidential address is intended to inform the MPs and the people at large what those elected to rule plan or propose to do. However, never before has the stamp of the Prime Minister’s personality on the presidential address been as strong and conspicuous as that of Narendra Modi on the 55-minute speech delivered by Pranab Mukherjee on Monday. This ought to be no surprise in view of the dramatic change of government and Mr Modi's overwhelming dominance of the political scene. Since Indira Gandhi no one individual has made such an impact on a general election and its aftermath as he has done. No wonder then that the President’s address was replete with his famous and favoured phrases such as “minimum government, maximum governance”, “Ek Bharat, Sreshth Bharat”, and “Sabka saath, sabka vikas”. If only to underscore the PM's fondness for alliteration, let me cite two more examples: “Tradition, Talent, Tourism, Trade and Technology” and “Skill, Scale and Speed”, the last being the methodology to catch up with China’s stupendous economic rise. Let's now move from style to substance. The Modi government is entirely right in giving “topmost priority" to containing “food inflation”, with emphasis on improving the supply side of various agro and agro-based products. This is to be the spearhead of putting the economy back on track by a rapid increase in employment-generating manufacturing industries, developing the inadequate infrastructure speedily and making the taxation policy investment-friendly. Projects like a "diamond quadrilateral of high speed trains" are mentioned specifically. The government also promises to reduce the difference between the rural and urban areas. In order that these words that arouse high hopes are translated into action fast enough, the Bharatiya Janata Party-led National Democratic Alliance government will have to see to it that its own functioning is efficient, transparent and free from the scourge of corruption. In this connection it is welcome that the government has also committed itself to framing “clear rules” for the allocation of “coal, minerals and telecommunications”, the three areas in which bribery, corruption, nepotism and favouritism have assumed horrifying proportions. Fair rules should not only be framed but also be enforced and seen to be enforced. The Goods and Services Tax has been hanging fire for a decade or more because state governments, several of them governed by the BJP, would not cooperate with the Congress-led United Progressive Alliance at the Centre. The NDA government pledges to get the GST accepted by “reviving the federal spirit” that, it alleges, the Congress had neglected. It plans to activate the National Development Council and the Inter-States Council. Another encouraging assertion in the President’s address is that protection of environment and development can co-exit. If this actually happens, it would be a blessing. During the UPA's rule the Environment Ministry had become a menace to development projects, including those urgently needed for national defence. One over-active Environment Minister had to be transferred and another sacked. Since its enactment by the Rajya Sabha years ago the Bill reserving 33 per cent seats in Parliament (and state legislatures) for women had been put in deep freeze and was never even mentioned in the Lok Sabha. Mercifully, it is now proposed to be pushed through. What makes this commitment all the more welcome is that while announcing strong action against riots or violence of any kind whatever the government has declared “zero tolerance” for violence against women. One has to point out, however, that to make this declaration really convincing the PM and other BJP leaders must abandon their silence and take a stand on the abominable outrage in a village in Badaun district of Uttar Pradesh where two Dalit cousins in their early teens were first gang-raped and then hanged by a mango tree. To make things much worse, Babulal Gaur, Home Minister of Madhya Pradesh, dismisses rape as “entirely unpreventable”. According to his opposite number in Chhattisgarh, also ruled by the BJP, “no one commits a rape deliberately”, whatever that might mean. Shouldn't top BJP leaders discipline such worthies? Remarkably, in some respects what has not been said in the President's address is more important than a lot of what has been stated. There is, for instance, no mention whatever of Article 370, Uniform Civil Code or Ram Mandir, the three issues on which irresponsible statements by a junior minister and some other party functionaries had created potentially explosive controversies. On the other hand, the government has made no bones about its intention on two issues. In the first place, it has made it clear that Kashmiri Pandits, who were expelled from the valley and have been languishing in refugee camps in their own country, must be enabled to return home with dignity and in safety. This is perfectly legitimate, and the state government should cooperate with the Centre to get this done smoothly. Secondly, there is the vexed issue of illegal immigration into Assam from what is now Bangladesh but was earlier East Pakistan. This problem will have to be dealt with very carefully. For not only conflicting sentiments of various sections of the people in India are involved but also so are our relations with friendly Bangladesh. Finally, what the President outlined on behalf of his government is not a programme for a year or even five years but a vision for a much longer period. To give only one instance, the Modi government assures every Indian family a pucca house with water supply, an electric connection that works round the clock and a toilet. The target date for achieving this is 2022 when India will be independent for 75 years.
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Learning to accept mistakes During extreme winters, both girls would study in their beds, tucked in their quilt, with a table lamp atop. One day, prolonged hours of study showed its effect. The quilt got heated up and caught fire, but both girls displayed agility and pulled the quilt away from the bed. One of them ran to switch off the 'mains', another ran to the bathroom to fetch pails of water to extinguish the fire within minutes. They were breathless and panting by the time the house warden appeared on the scene. Now, it was left to my aunty, being the elder of the two, to manage the warden. That day she had performed her role with poise, dignity and grace, which remained her hallmark throughout her life. She told the warden the truth, without any effort to cook up a story or other excuses. She told the warden that mistakes do happen, that they had not judged the heat the table lamp would generate on the quilt. In any case, the mistake is entirely theirs, and the loss is also theirs, and they will be careful in future. The warden mellowed on hearing this acceptance of their mistake. Later she would remark that the acceptance of your mistake requires courage, and as humans with our bloated egos, we often lack such courage. Cool, calm, gracefully composed, displaying extreme patience and a beatific smile, she was the most revered lady amongst relatives, neighbours and friends alike. Non-interfering in the lives of others, she felt that the generation next should be given space to live their lives, and we should not breathe down the necks of our children. She was unlike those elders, who never give up their hold, and try to micro-manage their households. Such elders remind me of some huge banyan trees, which provide good shade alright when needed, but are also so overwhelming and domineering that under them nothing can grow or nurture. True to her image as a patriarch, she set the example of being immaculately dressed befitting the occasion, uncomplaining, never publicising her grief nor her problems, if any. One salient lesson in serenity, which I imbibed, and which has left an indelible imprint, is that, in present times, when inter-personal adjustments are declining and the trait of adaptability is receding, adaptability with varying situations and with varying people becomes essential. An individual, even if highly capable, but lacking in adaptability, will suffer. Adaptability and good social behaviour bring serenity in our lives. My aunty with her steely and regal demeanour, now having gone from our lives, her legacy continues to live as a role model of patience, empathy for others and a symbol of serenity.
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Children’s homes: Tales of broken promises
Child rights in children’s homes are violated with impunity. We need to make these homes places of socialisation and provide an environment that nurtures children
Where
the mind is without fear, and head is held high, Tagore’s prayer seems to be unanswered, if we look at it from the eyes of our most vulnerable children, amongst the 440 million children in India. Tearful eyes, bruised bodies, a mind full of constant fear and traumatised souls is the state of children in some institutional homes. The word
'home' connotes a place where one is secure, loved and protected. This earliest place of socialisation provides an environment that nurtures the child. This century began with a powerful legal enactment, the Convention on Rights of the Child (1990) that recognises and protects human rights of children. India has signed and ratified this Convention which spells out the different types of rights viz. right to survival, right to protection, right to development and right to participation. While Rights may be constitutionally secured, they do cannot automatically implement themselves. Two major legislations reflecting the rights-based approach are Juvenile Justice (Care and Protection of Children) Act, 2000. The JJ Act looks at two categories of children, i.e. Juveniles in Conflict with Law and Children in Need of Care and Protection. The Act spells out rules and the the role of the State as a facilitator for implementation of this legislation. The other legislation is Protection of Children from Sexual Offences Act, 2012 (POCSO), which came into force on November 14, 2012. It provides protection to children, from the offences of sexual assault, sexual harassment and pornography. These offences have been clearly graded as per the gravity of the offence. There were 8,541 cases of child rape reported in 2012 (NCRB). Both these laws have a long way to go in achieving the objectives they seek. The implementation of these laws is itself a commentary on state capacity and capability of various stakeholders.
Homes or hellholes? Karjat, Maharashtra May, 2014:
32 inmates in the age group of
4-15 years suffered sexual abuse in an unauthorised home. Tamil Nadu, March 2014: Two unauthorised children's homes run by an NGO in Korukkupet and Royapuram (Tamil Nadu) sealed. Nearly 41 children were rescued after many complaints of sexual abuse in the homes. Laptops and CDs seized. Children were poor orphans. No proper record kept. Chandigarh, April 2014:
The male supervisor of Bal Niketan arrested for allegedly sexually harassing of several orphans and destitute inmates. Jaipur, 2013:
Illegal shelter home. Sexual abuse of girls. Many children from the North-East sent back to their home state Rohtak, April 2012:
The home had more than 100 girls, some as young as 5-7 years were subjected to sexual abuse at the behest of the in charge. The victims had to undergo secondary victimisation since they had to repeat their horror story to multiple agencies. Delhi, February 2012: Abuse of three boys in Umeed Aman Ghar, a shelter home in Mehrauli, South Delhi. The young boys were abused by their seniors.
Traditionally, in India, the responsibility of care and protection of children has been with families and communities. A strong well-knit family provides a foundation of stable childhood. Where parents are unable to take care of children, the State has to step into the role of caregiver. The JJ Act specifies different categories of children in need of care and protection. These include, amongst others, even street children or working children, a child whose parents have surrendered him or who is missing and run away. Also included are those being or likely to be grossly abused, or exploited for the purpose of sexual abuse or illegal acts, etc. These children need a more protective environment in terms of care givers.
Best interests of the child The ethos with which these homes should be run should not be profit or charity but serving the best interests of the child. Under the JJ Act, there are different institutions to look after both juveniles and those in need of protection. Children's homes may be established by the State government or maintained either by the State or in association with voluntary organisations for the reception and care of children who are in need of care and protection. Subsequently their, treatment, education, training, development and rehabilitation has to be taken care of. The Rule provides that all children’s homes should be registered as Child Welfare Institution under Section 34(3) of the Act and Rule 71 and certified as per procedure. They are also supposed to report to the concerned Child Welfare Committee about every child received by them. The responsibility of care and welfare are provided under the rules with specific facilities like accommodation, nutrition, mental health, education, vocational training etc. The JJ act is thus very comprehensive. More than a decade later, not only are the structures not fully in place, unprofessionalism in running these homes is the norm, not an exception. Is it sheer apathy or inhumanity? Safety and security do not just happen, they are the result of consensus and public investment'.
Piece-meal approach Child protection has been dealt with in a piece-meal way, with allocation of minimum resources reaching out to a miniscule number of children in difficult circumstances. There is no annual data about the number of children in different child-care institutions, whether for juveniles or children in need of protection. The total number of institutions with children in India is impossible to quantify. Many evade classification or are still unregistered. As of today, we do not know how many children are there in different types of homes, and how many in children’s homes, shelter homes, transitional homes, after-care organisations and 24-hour drop-in centres that exist in various states from where all the children come. Recently, in Kerala, almost 500 children were rescued. They were transported from Bihar and Jharkhand, and were sent to orphanages. Investigations into whether this was a case of trafficking are still on. There are multiple issues concerning vulnerable children—be it child labour, trafficking or abuse.
Failure to secure child rights The most recent incident took place at Karjat Shelter Home, Maharashtra on May 28, 2014. At least five inmates were sexually abused. Children as young as 11 were forced to have sex among themselves and also with the accused. The long-term costs of child abuse and neglect are associated with health care, psychological damages, lives of crime, substance abuse, domestic violence and conflict. These are ultimately borne by society.
Mute witness “When the lives and rights of children are at stake, there must be no silent witnesses,” was Nelson Mandela’s belief. It is shocking that crimes against children are either not reported or cognisance is not taken. We as a society remain a mute witness. In a survey by the Ministry of Women and Child Development in 2007, covering 10,500 children across 13 states, shocking results revealed that two out of every three children reported to being physically abused. About 53.22 per cent children reported having faced one or more forms of sexual abuse. Children on street, at work and children in institutional care reported the highest incidence of sexual assault. Around 50 per cent abusers are known to the child or in a position of trust and responsibility. The position continues to be the same.
A wake-up call Massive abuse of children at Apna Ghar at Rohtak 2012, should have been a wake-up call to set children's homes in order, as per provisions of JJ Act. Reign of terror, sexual molestation by staff members, regular beatings and psychological abuse— unabated litany of woes. Many homes still operate with little accountability and virtually no oversight. The Act provides a roadmap for management to tackle abuse inside institutions but many privately-run homes resist registration. Even though the Act provides for inspection committees in each district, there are no regular inspections and reports are not in the public domain. Most children will not report abuse to anyone, unless they trust the adults.
Defining sexual offences The other legislation, POCSO, has filled up the legal lacunae of not only defining but making sexual offences against children stringently punishable. The POCSO Act is gender-neutral and has listed aspects of touch as well as non-touch behavior under the ambit of sexual offences. The Act incorporates child-friendly trial procedures as also special court to complete the trial in a year. Like the best international child protection standards, the Act provides mandatory reporting of sexual offences. The State and enlightened society needs to play a more pro-active role for child protection. After all children are future citizens. Investment on child protection is not a luxury choice but a national necessity.
What needs to be done
The writer is Deputy Director, ICA, Chandigarh
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