NCPCR hearing postponed

one more incident of a clay-feet government

માટીપગી સરકારનું એક વધુ ઉદાહરણ

on 27-28 January, 2012 National Commission For The Protection Of Child Rights (NCPCR) was scheduled to hold a public hearing on child rights related cases in Ahmedabad, but 'vibrant' requests by Mr. Paneervel, Principal Secretary, Labor and Employment department, Gujarat, and then by Mr. A. K. Joti, Chief Secretary, Gujarat and then by Social Welfare minister, Fakirbhai Vaghela compelled central commission to postpone its visit. Here, we reproduce the requests letters of these dignitaries. it was conveyed to central commission 'unofficially' that ''this is one more incident of central government defaming Gujarat government'' (!)

Letter of Mr. P. Paneervel (January 19 2012)

To

Dr. Shanta Sinha,

Chairperson,

National Commission for Protection of Child Rights,

Janpath,

NEW DELHl - 110 001.

Sub: Public Hearing on the issue of "Child Labour, RTE and other Child Rights" at Auditorium, Sardar Patel Institute of Public Administration, Ahmedabad, Gujarat on 27 - 28 January, 2012,

organized by National Commission for Protection of Child Rights.

Respected Madam,

This has the reference of the letter No. 30/8/201 I/GujaratlNCPCRIPD dated the 12 January, 2012 received by e-mail on 17-1-2012 afternoon from Member Secretary, National Commission for Protection of Child Rights (NCPCR) with regard to public hearing on the issue of Child Labour, RTE and other Child Rights.

Under the above referred letter addressed to the Chief Secretary, it is stated that a number of complaints regarding violations of child rights and children's right to education in the State of Gujarat have been received in the Commission and a list of some of such complaints also enclosed as Annexures that also were sent by e-mail.

In view of these complaints, the Commission has proposed to hold two-day Public Hearing on 27 - 28 January, 2012 at Ahmedabad, Gujarat. Primarily, such public hearing is held based on the evidences produced by the complainants and in case the State Government has failed to respond to such complaints to NCPCR. Hence, it is essential that the State Govt. to go through the details of the complaints based on the evidences produced and the State Govt. has adequate opportunity to respond to the Commission. In case if the Commission is not satisfied with the response from the State Govt. then may prefer to have a meeting with the State Govt. officials on each issue that were not satisfactorily responded.

Therefore, I most humbly request you to kindly consider to send the details of complaints to the

State Govt. for to respond. The State Govt. proposes to nominate subjectwise Nodal Officers to go into the details and respond to the Commission within one month.

Meanwhile, the Commission may like to have a review meeting in the Commission's office after the receipt of the State Govt.'s response. After this due process, if the Commission finds the response is not satisfactory then may prefer the option of public hearing. Meanwhile, it is kindly requested to postpone the public hearing scheduled on 27 - 28 January, 2012 at Ahmedabad, Gujarat.

With kind regards,

P. Paneervel,

Principal Secretary to Government of Gujarat,

Labour and Employment Department.

Telephone No. : 079-23250873.23250871. Fax No. : 079-23250875

Website : w.labourandemployment.yov.in, E-mail: secled@gujarat.govin

Letter of Mr. Joti, Chief Secretary (January 20 2012)

A. K. JOTI, IAS

Chief Secretary

GOVERNMEONFT GUJARAT

Block No. 1, 3rd Floor,

New Sachivalaya,

Gandhinagar-382 01 0

Phone : 079-23250301,23250303

Fax :079-23250305

E-Mail : csguj@gujarat.gov.in

Dr. Shanta Sinha,

Chairperson,

National Commission for Protection of Child Rights,

5th Floor, Chanderlok Building,

36, Janpath,

New Delhi - 11 0 001.

Sub: Public Hearing on the issue of "Child Labour, RTE and other Child Rights" at Auditorium, Sardar Patel Institute of Public Administration, Ahmedabad, Gujarat on 27-28 January, 2012 organized by National Commission for Protection of Child Rights.

Respected Madam,

This has reference to letter No.3418/2011/GujaratlNCPCR/PD dated 12 January, 2012 sent to me by Shri Lov Verma, Member Secretary, National Commission for Protection of Child Rights (NCPCR) and received in my Office on 17'~ January, 2012 afternoon by Fax and also by email with regard to Public Hearing to be held by NCPCR on the issue of Child Labour, RTE and other Child Rights. In this regard Principal Secretary, Labour & Employment Department, Government of Gujarat Shri P. Panneervel has sent.a letter No. ECAI M(3) dated lgth~ anuary2, 012 on the above mentioned subject.

2. In continuation of the letter written by Shri Panneervel, Principal Secretary, Labour & Employment Department, Government of Gujarat, I would like to bring to your kind notice that some persons staying in the State of Gujarat may send Representations/Complaints to the Commission regarding Violation of Child Rights and Child Rights to Education. It has been the Tradition that the Member Secretary of the National Commission forward the Representations/Complaints which are received by the Commission to the Chief Secretary of the concerned State Government. For example, when National Human Rights Commission (NHRC) receives some Representations/Complaints from persons staying in Gujarat, the Member Secretary of NHRC Invariably Forwards such Representations1 Complaints to the Chief Secretary, Government of Gujarat. While forwarding the Representations/Complaints received by NHRC, Member Secretary, NHRC always gives reasonable period of time to the State Government for inquiring into the Representations/Complaints made by holding Due Inquiry and the Factual Position regarding the Representations/Complaints is sent to the Member Secretary, NHRC by the State Government. In case NHRC is not satisfied with the Reply sent by the State Government Authorities, further Information is sought from the State

Government Authorities. The concerned State Government Authorities hold further Inquiry and a Report is thereafter submitted to the Member Secretary, NHRC. In case NHRC is not satisfied with the Report sent by the State Government Authorities, in some cases NHRC calls the concerned State Government Authorities to remain present before NHRC and discuss the matter with the Hon'ble Members of NHRC. In case NHRC decides to hold further Inquiry in the matter, NHRC may hold a Public Hearing in the concerned State Capital or any other DistrictITaluka in the State. However, it has been the Tradition that National Commission always provides Reasonable Period of Time to the State Government Authorities for inquiring into the Representations/Complaints which have been received by the Commission and sending a Report to the Commission.

3. On going through the letter of Member Secretary, NCPCR received in my office in the afternoon on 17'~ January, 2012, it seems that the Commission proposes to hold Two Days Public Hearing on 27'h and 28'h January, 2012 at Ahmedabad, Gujarat. It is important to note that the RepresentationslCornplaints which have been forwarded to 12 Collectors of the State and it pertains to 8 Departments of the State Government. It is therefore, required that the concerned State Governent Authorities should go through the RepresentationslCornplaints which have been sent to NCPCR and after holding due Inquiry, a Report should first be sent by the State Government Authorities to the Member Secretary, NCPCR. In case the Commission is not satisfied with the Response of ther State Government, then the Commission may like to hold a Meeting with the concerned State Government officials on the Representations/Complaints which have been received by the Commission.

4. In view of the facts stated above, it is Respectfully submitted that the Commission may kindly reconsider its Decision to hold a Public Hearing relating to the RepresentationslComplaints which have been received by NCPCR. The Commission may kindly give a minimum period of One Month to the State Government Authorities to Inquire into the RepresentationslComplaints which have been received by the Commission. After holding due Inquiry, a Factual Report in this regard would be sent to the Commission for their Consideration. In case the Commission finds that the Report submitted by the State Government Authorities are not satisfactory, then a Meeting may be held with the State Government Authorities to clarify any Points which might be raised by the Commission with reference to the Representations/Complaints which have been received. In case the Commission still finds it necessary to hear the Applicants, the Commission may prefer to hold a Public Hearing. It is therefore, kindly requested to Postpone the Public Hearing scheduled on 27th and 28th January, 2012 at Ahmedabad, Gujarat.

With kind regards,

Yours sincerely,

(AKJoti)

Chief secretary;

Government of Gujarat

Letter of Minister, Fakirbhai Vaghela (January 23 2012)