March 19

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Editorial

 

 

 

Balancing act

Compensation is a major issue which has seriously affected the developmental process of Arunachal Pradesh. Many important infrastructure projects have not taken off due to it. The worst affected is road and airport project. Projects like Trans-Arunachal highway (TAH), Itanagar-Banderdewa four lane road, etc is in doldrums over the compensation claim. There is no doubt that in many places compensation claim has been exaggerated and need proper investigation.

Especially the claim made by land affected people under TAH in some section need thorough investigation. In Upper Subansiri, the district administration led by deputy commissioner Komkar Dulom has managed to bring down the compensation rate. Due to the effort of DA, the work in Bopi to Tai section of TAH is about to start.  But it is also wrong on the part of central government to expect state government to provide land free of cost for all the infrastructure projects. Last year when the then PWD Minister Gojen Gadi meet MoRTH minister Nitin Gadkari regarding four lane projects, Gadkari clearly told that project will be taken up without land compensation. Now Airport Authority of India ((AAI) is also toeing similar line. AAI said that Govt. of Arunachal Pradesh has to acquire and hand over 525 acre of land free of cost and free of all encumbrance, for the Greenfield Airport at Hollongi. It is unfair on the part of MoRTH and AAI to expect state government to provide land free of cost. Central government is very much aware that government of Arunachal does not have enough funds to give compensation. Therefore they will have to support the state government. Also no land owners will hand over their land to government agencies for free of cost. They will have to be compensated. Central as well as state government need to adopt middle path in this regard.

 

 

 

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Readers’ Forum

 

 

 

Team Arunachal is an illusion

Dear Editor,

We saw an article by a respected MLA of the state giving his colleagues, a lecture on the morality of politics and taking the high moral ground of Team Arunachal.

Tell me who in the 60 MLAs do not lobby for what they want to become? If few of them manage to get a cabinet berth they again lobby for plump portfolios just to fill their coffers.

The Thirteen lakhs Aam Janta of the state knows very well that many of the MLAs are changing sides with those who promises to give more of cash/cabinet berth or plump Department as Parliamentary secretaries. The biggest losers are the common people but few great volunteers get benefitted as Chairman and Vice Chairman of state PSUs.

If the word Team Arunachal is taken in true spirit what was the need to create a dissidence activity among the same party that too for 13 long months? Lastly an opposition party appointed gentleman comes as a Governor and plays a saviour to the MLAs of particular camp. If Team Arunachal was true than why MLAs have deserted the leader under whose leadership many got elected as MLAs.  Congress Government was formed in the state defying the Modi wave in 2014 election.

These same MLAs who become Ministers and who do not become Ministers will again gossip over a whisky bottle and decide to topple the present Chief Minister, who has just converted to PPA.

The party office bearers of the PPA will never know what is happening in the Government and by the time, the Chief Minister starts to plan out policy and program for the betterment of the state, he will find that someone else is taking oath as Chief Minister! His own so called loyalists will pull the carpet.

The MLAs of Arunachal has got the dubious distinction of being most busy in conspiracy and to invent various ways to fragment the state on the lines of Tribe, Community, Religion and most of the time for personal financial gains! So where is Team Arunachal? So I say the word Team Arunachal is an illusion. It is better to rise above personal desires and give a chance to progress and development of the state under a single leadership; with the leadership under who the Assembly election was won; or else you are cheating your voters for your petty gains. It is a hard and true fact that the people/voters of the state always sided with Indian National Congress whenever we faced the Assembly election and this trend will continue in future elections too.

I will conclude by saying that one who is living in a glass house should not throw stone at others.

Yours,

Nabam Vivek

 

 

Learn a few things about humility, dignity and grace

Dear Editor,

This is in response to the brilliant heart-rending letter of a concerned citizen titled "Behaviour defines a person not stature"(March 17). Just like a true humanitarian, our respected broad-hearted fellow citizen has demanded entitled honour and dignity for the Group D and contingency staff. Rightly has he/she stated that a person is defined by their behavior not their post and respect has to be earned which can be done by showing respect to others.

In this context, allow me to share certain facts related to two great humanitarians who had walked on this beleaguered planet.

Before getting posted as Governor of West Bengal, the highly respected Gopal Krishna Gandhi(grandson of Mahatma Gandhi) had played the role of India's High Commissioner  to South Africa when none other than Nelson Mandela was the incumbent President of the Rainbow nation. In an interview, Gandhi shared his experience revolving Mandela. During a journey within South Africa, Gandhi found himself travelling with Mandela in the same flight. As the aeroplane landed in its destination, Gandhi noticed that Mandela not only folded the blanket (which he had used perhaps to beat the cold) neatly, but also personally handed it over to the airhostess with a bow, gracious smile and utmost respect and humility. When nouveau-riche "highly educated" people display supreme audacity and vulgar economic might while travelling in air and treat the airhostess as their "paid servants" or "slaves"; none other than the reigning President of the country and a living legend of the world used to treat "mere" airhostess with such humility!

It is often witnessed how petty officials, politicians to  "VIP"s throw tantrums if any "petty" security personnel posted at airport, hotel or any public space "fails" to identify him or dares to check him according to rules. But a certain Nobel Laureate named Mother Teresa, whose face was also vastly recognised across the globe, used to religiously introduce herself as "My name is Mother Teresa" whenever she used to visit any institution, even if it is located in her home town Kolkata!

  I offer to end my piece by touching another three illustrious personalities - Pope Francis, India's ex-President Late APJ Abdul Kalam and Gopalkrishna Gandhi.

In this age of supreme haughtiness when muscle flexing , utterance of shrill rhetoric and expression of holier-than-thou attitude have emerged as the "in-thing" and leaders exhibiting such "masculinity" get instantly projected as "extremely strong personality" resembling "Iron Man" who has the "remedy for all ills"; Pope Francis stands high aloft as a stray island of civility and sanity around this turbulent ocean of intolerance and hot talk. His unique humility, gentle behaviour and gracious smile can never be described through mere words.  No wonder why young people dare to touch him and take selfies with him as if he is their most dear friend! What a magnetic majestic personality with foot firmly rooted to the ground!

Often the "nationalist pride" of South Asians get shattered whenever any overhyped star or individual get detained in a European or USA airport and physically checked according to rules. Not only do his/her "patriotic" countrymen erupt in fury, the cry-baby individual or star also resorts to cheap emotional gimmicks by proclaiming that he/she was "victimised" just because of his/her affiliation to a particular race, religion or country! But when our respected departed former President  and internationally-reputed technocrat had to undergo the very same "ordeal" in USA airport, Kalam acknowledged it with smile and utmost humility by co-operating with the security staff. Also it would not be out of context if I mention how Kalam once refused to sit on a stage just because the chair allotted to him was larger and higher than that of the rest!

And Gopalkrishna Gandhi had established himself as an extremely popular Governor through his graciousness and deeds, thereby capturing the hearts of the common people. A bi-monthly Bengali literary magazine had featured Gandhi as its cover story praising his personality, noble thoughts and deeds as Governor. In the next issue, Gandhi (despite not being a Bengali by birth) had personally written a letter thanking the magazine and its writers and readers and stressing that "I do not deserve such honour"! Why don't we learn a few things about humility, dignity and grace from these teachers of the society? They not only profess, but also practice it in daily life and make this society a better place to live in.

Yours,

Kajal Chatterjee,

Kolkata

 

 

 

Abandoned SHP

Dear Editor,

Through the columns of your esteemed dally, I would like to express my anguish and affliction at the conditions of Taksing SHP under Taksing circle, Upper Subansiri.

The project was personally initiated by the then former Minister Tanga Byaling in the year 2010 and under his guidance a committee was formed at circuit house Daporijo to oversee the project works with Department of Hydropower Development as the executing agency.  The project work started with lot of hope of electrification but soon the hope faded for the border circle of Taksing.

As of now, the project works is in hiatus for almost two years and some works which was completed during the initial two years have been damaged by the landslide due to compromise with the quality works under Punyo Lasa, Surveyor and J.E In charge. Now the moot point is who will take the responsibility for the failure of this project? The answer is simple; the Department of Hydropower Development and its erring officers who are solely responsible for the dereliction and failure of SHP project. And it is a known fact that Government of Arunachal Pradesh has already released Rupees two crore and fifty lakhs only for the project on installment basis.

But even after the release of such huge amount for the project, 80% works is still incomplete. Now the question here is where has the huge amount of Rs. 250.00/- (Rupees two crore and fifty lakhs) gone? The Department of Hydropower Development has to answer this lingering question. If they don't answer, I have to knock at the door of Chief Minister for institution of SIT against the Department of Hydropower Development and its erring officers in days to come.

The unusual act of Punyo Lasa is that the Contractor Takia Bai's formation cutting and land development bills of Rs. 2, 10,000/- (rupees two lakhs and ten thousands) only were secretly deposited in favour of M/s R.M Enterprise and real contractor of the work is now running from pillar to post in order to get his bills cleared.

In this regard, I had appealed to A.E Daporijo Civil Sub-Division, Department Of Hydropower Development to disclose the owner of M/s R.M Enterprise but the Department is reluctant to respond to my query.

Now it is high time for Lasa to disclose the owner of M/s R.M Enterprise unless he is ready to face legal battle.

Yours,

Tabi Chader

Project Secretary

Taksing Mini-Hydel Project

 

 

 

 

 

Punitive provisos of the Juvenile Justice (Care and Protection of Children) Act, 2015

[ Rachel Kabi ]

The Juvenile Justice (Care and Protection of Children) Act, 2015 that came into force on the 5th of January 2016, repealing and replacing the Juvenile Justice (Care and Protection of Children) Act, 2000 appears to have been implemented in haste due to enormous public pressure mounting on the Government. The Ministry of Women and Child Development seems to have acted emotionally in implementing this legislation due to public outrage and pressure in the case against a juvenile who was apprehended for a gang rape a few years ago in the capital. The 2015 Act has brought about a crucial change where child offenders between the age of 16 and 18 apprehended for a heinous offence would be treated as an adult in the criminal justice system depriving them of the rights to be heard in the juvenile justice system. The Juvenile Justice Board (JJB), the competent authority to adjudicate matters dealing with children in conflict with law is given the discretion to assess if the child offender had the mental and physical maturity to commit the offence. On the basis of this preliminary enquiry, the child offender would be referred to the Children’s Court for further proceedings. The Court can transfer the child to jail after the age of 21 years if he has not shown any signs of reformation during his stay in a designated place of safety. The motive behind this Act is to deter children not to commit crime;this Act has shifted from restorative justice to retributive justice.

Those familiar with the history of children’s legislations would concur with me that this is not a child friendly move of the Government. It had actually taken many years for child rights activists to strongly advocate and persevere to bring a uniform age for children as there was gender based discrimination in the Juvenile Justice Act of 1986. When India became a signatory to the United Nations Convention on the Rights of the Child (UNCRC), 1989 which defines a child as any human being below the age of 18, the Juvenile Justice (Care and Protection of Children) Act 2000 was accordingly passed putting an end to the gender based discrimination of children’s age and defined a child or juvenile as anyone below the age of 18 irrespective of gender. It was considered as one of the best children’s legislation of the country with the principle of working in the ‘best interest of the child.’

The 2015 Act mentions about Children’s court and lodging the child in a place of safety for the period determined by the court as detention. But the issue is, how many States in India have Children’s Courts and a designated place of safety as mandated in the JJ Act? The situation in Northeast is even more a matter of concern as there are many districts that have not constituted JJBs and even if they are constituted, it is not functional. The Act also states that in the absence of the Children’s court, the Court of Sessions will be incharge of dealing with the child in conflict with law. The inquiry proceedings of the Sessions Court which is so habituated in dealing with adult criminals is different from the Juvenile Justice Boards and it shall certainly have a bearing on the judgement related to the child offender.

In all possibility, it can be stated that the parliamentarians who were instrumental in introducing the new legislation might not have understood the reality and the world of these children, the background they hail from and the abusive environment most of them live in, the challenges they face day in and out, battling all odds of an uncertain future. The Bill passed by the Lok Sabha on May 7, 2015 was also quickly passed by the Upper House on December 22, 2015 in spite of opposing views and concerns raised by many stakeholders against the Bill and its intent. It is even more shocking that within ten days, the Bill got the assent of the President on 31st December 2015. Why was it not referred to a Select Committee for final views before passing it to the President? Why all this hurry when it is not going to affect the proceedings of the juvenile accused in the Delhi gang rape case as the Act is not retrospective in nature.

The very essence and spirit of the Juvenile Justice Act is defeated when it calls for children to be tried as adults. The principle of presumption of innocence does not arise in this scenario as certain age groups of children would be tried differently on the basis of the heinous offence alleged to have been committed. The Act defines heinous offence as offences for which the minimum punishment under IPC or any other law is imprisonment for seven years or more. This word ‘heinous’ is not even mentioned in the Code of Criminal Procedure that only categorizes offences as bailable / non bailable or cognizable and non-cognizable. So it is weird when the juvenile justice legislation uses this term to categorize the offence committed by children. Moreover, what are these heinous offences? Is there any list in the criminal justice system citing such and such offence is heinous? The Centre for Child and the Law, in Karnataka has listed 46 offences which are heinous carrying a minimum punishment of seven years imprisonment or more. It’s going to be practically difficult for the JJB now when child offenders (16 to 18 years) apprehended for heinous offences are placed before them which shall cause inadvertent delays in the inquiry process.

A lot of hue and cry has been raised by our law makers supporting the Bill stating that there has been an increase in juvenile crimes in the country by misrepresenting the NCRB data. It is to be noted that juvenile crimes constitute less than 2 % of the total IPC crimes in India and it has remained like this for years. The total number of juvenile crimes in the year 2014 was 42,566 against a total of 37, 90,812 IPC crimes in the country constituting only 1.1% (National Crime Records Bureau) which isa very small percentage and not alarming as portrayed by the Government.

How can the Juvenile Justice Board within a short span of time assess the mental and physical capability of the child offender? After apprehension, the child is usually in a state of shock and hardly communicates. It takes time to establish rapport and only after that he or she builds trust in the childcare professional to honestly confide about their life and the antecedents to the offence. According to noted psychiatrist, Dr. Shekhar Seshadri (NIMHANS), who has worked extensively with child offenders and children in difficult circumstances, the adolescent’s brain is not fully developed and the fine tuning of the brain continues till the age of thirty. It takes time for the connections and the functionalities of various parts to develop. An adolescent may look mature physically but it does not assure that he is mentally mature enough. They are not in control of their impulses resulting in hasty impulsive acts for which they regret later. Hence, it is not wise to judge an adolescent’s brain in the same way one would judge an adult’s brain.

Empirical evidence globally also suggests that most of the child offenders hail from disadvantaged backgrounds, broken homes, single parenting, abandoned by their own parents, subject to abuse, neglect and frequent conflicts at home, with parents having deviant patterns, and deprived of all love and care. These children deprived of positive role models in their life are many times left with no option but to join adult gangs to feel accepted and acknowledged for their behavior. From my experience of working with children in conflict with law and association with the juvenile justice system, I find that there is only a thin line that separates these two broad categories of children, i.e., children in need of care and protection and children in conflict with law. (The contributor is a former Child Protection Consultant, UNICEF Assam)

For instance, I came across an eight year old boy staying in the observation home for nearly eight months allegedly for stealing chira(puffed rice) to satisfy his hunger. He became quite comfortable and secured in the observation home where all his needs were provided and was reluctant to go home for fear of being sold by his mother for want of money as she had done this to his younger sibling. He is a child who is in need of care and protection and cannot be branded a child offender. This is just one incident but like him majority of the children brought to the JJB are those who are deprived of basic needs such as food, clothing and shelter. Many are left to fend for themselves and they have no choice for survival but to involve in activities that criminalize their behavior.  

There is a concern that the proceedings of the child offenders apprehended for heinous offences might be subjective in nature taking into consideration factors such as caste or religion rather than the offence per say. It has happened to many children who were apprehended because they belong to a particular community and also on the basis of their appearance. There is also every possibility for the police in treating this age group of child offenders as adults right from the time of apprehension and lodging them in jail instead of going through the lengthy process of adjudication in the Juvenile Justice Board and further inquiry by the Children’s courts or the Court of Sessions. Further, subjecting a child to the adult criminal justice system does not in any way assure that he is going to be reformed but may pave the way for him to turn out to be a hardened criminal due to association with adult offenders. The child offender needs to be given the opportunity to reform and appropriate rehabilitation schemes should be available and accessible to ensure that he is reintegrated into the society as any human being.

The only positive aspect of the legislation is the change in nomenclature – referring to the juvenile as child offender. The 2000 Act addressed them as juvenile in conflict with law, but now, the negative connotation of the word juvenile is replaced as ‘child offender’. A few more terminologies are defined and additional sections related to adoption and offences against children are some of the highlights of the 2015 Act.  

As the Act is already in force, let’s hope that the juvenile justice functionaries who are empowered to deal with the child offender are sensitive to the child and the antecedents of the offence and not end up sensationalizing the issue. The Probation Officer (District Child Protection Officer) who is the crucial person in furnishing the Social Investigation Report, an important document to decide the course of inquiry by the JJB, should also complete the task with care and sensitivity as it involves the future of the child. It is also imperative for the Board to examine the living conditions of these child offenders taking into consideration the factors that actually brought them into contact with the offence. Instead of debating on the personality of the offender and other subjective factors, we need to focus on creating a child protective environment where every child has the opportunity to live, grow and develop in a healthy manner with full protection of their rights enshrined in the Constitution and the UNCRC. It is everyone’s responsibility to ensure children live within the safety net and protect them from all forms of abuse, violence and exploitation. (The contributor is a former Child Protection Consultant, UNICEF Assam)

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