Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts

Friday, May 24, 2013

Are we doing enough?

There is no inter-agency collaboration nor any direction to tackle this menace head on

I have just returned from Assam after holding the first ever march against child trafficking that traversed over 300 kilometres from Guwahati to Dhubri. There were several cases of child rights violations including trafficking, bonded labour and sexual exploitation that I came across while interacting with the villagers and other ordinary people. To cite an example, when we reached Hajo, a teary-eyed policeman approached us complaining that his seven-year-old kidnapped nephew was untraceable. If this is the condition of a policeman, you can well imagine the plight of a common man. According to National Crime Records Bureau (NCRB) 2,05,028 cases of missing children were recorded during 2009-11, out of which 6,739 were from the North East. Assam alone accounted for 4,019 such cases during the period in reference.

Among the core marchers were two girls and two boys who had gone missing in their early childhood. Jyoti (name changed) disappeared from her village in Assam’s Lakhimpur district when she was four. She was traced by her father after 12 years of relentless efforts. While Jyoti’s father recognised her, the girl had forgotten everything. Similarly Usha (name changed), who was kidnapped from her village in Lakhimpur district aged five remained untraced for eight years. She was sold from one employer to another in Delhi before being rescued by Bachpan Bachao Andolan (BBA) in November 2012. Two boys have been staying at Bachpan Bachao Andolan’s Bal Ashram for almost ten years now, because their parents could not be traced.

No definitive legislation on missing children, coupled with inaction, insensitivity and lack of adequate policing have further exacerbated the problem.

Missing children do not disappear into thin air. There is a definitive and predetermined purpose behind each child that goes missing. There exists an organised nexus between local agents, abductors, placement agencies, brothels, gang masters running rackets of forced beggary, mafias involved in organ trading and supplying young girls as child brides. Children are also abducted for being forced to work as combatants. There is no inter-agency collaboration, systematic information sharing and synchronisation between the law enforcement agencies, administrative bodies and child rights organisations.

Bachpan Bachao Andolan has been actively pursuing the judiciary at district, state and apex level for securing judgements and directions to protect and uphold the rights of children. This activism has yielded results. Taking Delhi as a case in point, FIRs are now being lodged and the rate of recovery of missing children has improved slightly when compared to the last few years. It has been possible only because of the strong intervention by the Delhi High Court. In March 2011, the Delhi High Court had directed the Delhi Government and Police to follow a Standard Operating Procedure (SOP) which included investigation, monitoring, follow-up and regular counselling of parents and the children that have been traced. Regretfully the SOP is not being adhered to in its true spirit and substance. The attitude and track record of state governments and the Central Government is even worse.

In March 2012, the Supreme Court of India issued notices to the Centre and state governments for setting an advanced scientific mechanism to investigate and recover missing children. On three occasions this year, the Apex Court directed the Centre and state governments to apprise them about the steps taken but there has been no response so far.

Despite strong advocacy efforts by the civil society and  action demanded by concerned parliamentarians, the government has not taken any concrete steps to create a centralised database of missing children. Children missing from remote villages in one part of the country often land up as slaves in mines, stone quarries, restaurants, sweatshops and homes in the other parts of the country. Bonded child labourers, forced beggars and inmates at juvenile homes and children staying at shelter homes run by government and NGOs are most often children that have gone missing.


Source : IIPM Editorial, 2013.
An Initiative of IIPM, Malay Chaudhuri
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Tuesday, July 24, 2012

Policy-BELOW POVERTY LINE: THE NUMBER GAME

Varying findings of different Committee Reports, an Absolute lack of consensus and The Dependence of poverty alleviation schemes on BPL Estimates makes its Calculation process Extremely crucial. And now, Despite Accepting that 37% of India could be in The BPL category, The Government has failed to notify this.

If we consider the United Nations data, 220 million people in India suffer from hunger and the prevalence of hunger is found in all age groups ranging from infants to old. Food production has been going down, food imports are rising and food insecurity is on rise. Whereas, per capita availability of foodgrains was 190 kilogram per person per annum in 1979-80,it declined to only 186 kilogram in 2004-05. The Multidimensional Poverty Index (MPI), calculated by the Human Development Report Office of the United Nations Development Programme (UNDP), that looks beyond income at a wider range of household-level deprivation, including services, which could then be used to help target development resources, throw up stark statistics compared to regular poverty measures. The study has found that half of the world’s MPI poor people live in South Asia, and just over a quarter in Africa. There are 421 million MPI poor people in 8 Indian states alone – Bihar, Chhattisgarh, Jharkhand, Madhya Pradesh, Orissa, Rajasthan, Uttar Pradesh, West Bengal – as compared to 410 million in the 26 poorest African countries combined.

While clarity over the extent of poverty has always been a matter of debate, in a recent development, the entire process of the manner in which the poor are counted in India is under a legal scrutiny. The Supreme Court has asked the government to prove the efficacy of the BPL survey to be held in June this year, if all the poor identified fail to get government benefit. The court has asked the government to give reasons behind the Planning Commission putting up a cap on the number of poor in India, which many believe is unrealistic. The existing conflict between the Centre and states over who decides the number of poor is more of a political battle for an upper hand when it comes to taking credit for the impact of a welfare measure.

However, a scenario such as this calls for further introspection before the concerned parties quarrel over committee reports. Before deliberating upon the contours of who the government would recognise as ‘poor’, there has to be a consensus and stricter vigilance to ensure that the existing welfare measures are reaching the actual needy.