The curse of caste

Vaidya Pandit Khiusiram Government Sarvodaya Boys Senior Secondary School, Nangal Thakran, New Delhi-110039

The board in the principal's office displays numbers of students according to their castes and religion.

CAG criticized government on juvenile crimes

CAG Criticized State Government

 On Implementation Of Juvenile Act

CAG conclusions

• Children who need care and protection are kept in the same place as children who have committed crimes, including some charged under terrorism laws
• In 23 of the 33 CWCs, the fate of discharged children was never followed up and their rehabilitation status remained un-assessed.
• 5687 cases registered under the Act were pending for more than one year.

The Comptroller and Auditor General of India (CAG) had criticized the state government on ‘Implementation of the Juvenile Justice (Care and Protection of Children) Act 2000, (Amended Act, 2006) and Orphanages and Other Charitable Homes (Supervision and Control) Act, 2006,’ in its report for the year ending March 31, 2009

Children who need care and protection are being housed in the same place as children who have committed crimes, including some charged under terrorism laws, “exposing the innocent children to delinquent juveniles.” Report said this was happening in an observation home in Ahmedabad. CAG’s observation was based on a 2007 National Human Rights Commission visit. The report added that the Home Secretary reported the following year that 11 of the 21 children in the home were “involved in serious crimes”, and that four were over 20 years of age. One was even found to be 29 years old.

The report said that Child Welfare Committees (CWCs) in Ahmedabad, Vadodara, Bharuch and Jamnagar delayed finalizing cases for over six months, resulting in “children being denied formal education and vocational training”. In Dahod and Tapi districts, CWCs were not constituted at all. In another 12 districts, the “absence of agency for in-country adoption resulted in failure to protect the best interest of the children.” In 23 of the 33 institutions, the fate of discharged children was never followed up and their rehabilitation status remained un-assessed.

Report detailed 5687 cases which were pending for more than one year. Juvenile Justice Board (JJB) is functioning in six cities of Gujarat, viz.  Ahmedabad, Rajkot, Surat, Vadodara (two JJBs), Bharuch and Jamnagar.   

Percent of juvenile crimes

Out of total crimes regenerated in the state during 2004 to 2008 juvenile crimes contributed 0.67 to 0.77 percent. During years 2004 to 2008, juvenile crimes registered were 2007, 2229, 2048, 2395, 2170 respectively.

Provisos to section 14(1) read with rule 13(6) and rule 15(1) categorically mentions that “the inquiry to be completed within a period of 4 months after the first summery inquiry unless extended for reasons in writing.”

In 6531 cases the deadline of four months was missed. The proportion of cases which are pending more than four months up to one year was 11 to 24 percent. While those pending for more than one year and above were 76 to 100 percent.

During these five years total 13,821 children were apprehended as criminals with 18.99 percent in thief, 13.58 percent in cases related with breach of law, 10.68 percent involved in cases of inflicting injuries, 6.59 percent in burglaries, 2.23 percent in riots and rest 40.67 percent involved in other crimes.

Total 13,821 children were apprehended.

 Total                       crime

1 18.99                         theft

2 13.58                         breach of law

3 10.68                         inflicting injuries

4  6.59                          burglary

5 2.23                          riots

6 40.67                        other crime

Report noted that children requiring care and protection were kept in same premises with juvenile delinquents. There was no separate arrangement for these two categories. In 11 observation homes basic facilities including rooms, latrines and bathrooms were absent. No follow up work was undertaken in absence of staff and probation officers. Hence, there was no evaluation on rehabilitation of children after the release.

                                            

Pending cases

JJB	Pending till December, 2008	Pending for more than 4 month and up to 1 yr	%	Pending for more than 1 yr	%
Ahmedabad	3290	377	11	2913	89
Rajkot	483	115	24	368	76
Vadodara	1087	201	18	886	82
Bharuch	216	29	13	187	97
Jamnagar	301	0	0	301	100
Surat	1154	122	11	1032	89
Total	6531	844	13	5687	87

memorandum to governor

MEMORANDUM TO H.E. GOVERNOR, KAMALA BENIWAL

Dalit Rights Group Slams Modi

 Government’s Stand

 on Child Rights

Yoginder Sikand

Gujarat under Narendra Modi is touted about as Hindutva’s most successful laboratory. The corporate world and influential sections of the ‘mainstream’ Indian media never tire of singing paeans to Modi’s ‘developmental model’, which they uphold as eminently worthy of emulation by the rest of the country. Scores of middle-class Hindus passionately advocate Modi as India’s next Prime Minister, who, they fondly hope, will propel the country into the league of the economic and military ‘super-powers’.

As in the rest of India, but perhaps to an even greater degree, the much-applauded Gujarat model of rapacious capitalist ‘development’ has led to mounting inequalities and pauperization of vast numbers of people, particularly belonging to the Dalit and Adivasi communities, at the same time as it has greatly enriched Gujarat’s already well-entrenched social and economic elites. While Adivasis and Dalits together comprise more than a fifth of Gujarat’s population, they remain at the bottom of the state’s steeply hierarchical social pyramid. This clearly illustrates the caste-class interests that the politics and ideology of Hindutva and Modi’s ‘developmental model’ are geared to promoting.

Much of Gujarat’s reported economic ‘success’ owes to the exploitation of cheap Dalit and Adivasi labour. Gujarat enjoys the dubious distinction of having one of the largest numbers of child labourers in the country, most of who are Dalits and Adivasis or belong to other such marginalized caste groups. They work in miserable, often bonded-labour like, conditions, being paid a pittance, and the state government, apparently, is completely apathetic to their plight.

Early last month, a friend of mine, the indefatigable social activist Rajesh Solanki, Secretary of the Ahmedabad-based Dalit Hak Rakshak Manch (‘Dalit Rights’ Protection Forum’), shot off a memorandum to Kamala Beniwal, Governor of Gujarat, drawing her attention to the absence of a State Commission for the Protection of Child Rights’ (SCPCR) in Gujarat, which, it indicated, meant that children’s rights’, particularly of marginalized communities, continued to be violated on a large scale across the state. It argued that despite the fact that the Commission for the Protection of Child Rights Act 2005 had made it a duty of state governments to set up such commissions, the state Government of Gujarat continued to ignore this. It pointed out that the claim of the Gujarat government that in place of a separate SCPCR it had arranged for child-rights-related issues to be handled by the Gujarat State Women’s Commission was specious and, in fact, in violation of the Commission for the Protection of Child Rights Act. Given that the Women’s Commission had its own specific mandate and that it did not possess adequate human resources to deal additionally with the violation of children’s rights, the memorandum insisted that the Gujarat Government must set up a separate Child Rights’ Protection Commission as was required by law. Delegating the work of such a commission to the Women’s Commission, it pointed out, was leading to the subversion of children’s rights on a large scale.

The memorandum submitted by the Manch, which is one of the most active Dalit groups in Gujarat, elaborated on the extent of gross denial of rights to children (particularly belonging to marginalized caste and tribal communities in the state), all of which necessitated, it said, a full-fledged Child Rights’ Protection Commission. It pointed out the existence of at least 400,000 child labourers in Gujarat (who must be mostly Dalits and Adivasis) making the state ninth among India’s 28 states in terms of child labour. Despite child labour being declared illegal, it noted that the state had exhibited little enthusiasm to tackle the problem. Less than 4500 child labourers were ‘freed’ from child labour during the period 2001-2010, it pointed out. As on 31st January this year, it noted, more than ten thousand cases related to children in the state remained pending before the Juvenile Justice Board, and only around a fifth of them have been disposed. Every year, the memorandum added, thousands of workers (who are mainly impoverished Dalits and Adivasis), along with their children, are lured to Gujarat from neighbouring states—to work in farms and factories under extremely harsh and exploitative conditions. Yet, it noted, the Gujarat state had failed to arrange for an inter-state coordination committee to address the serious problems of such migrant workers and their children.

More than 100,000 children, the memorandum indicated, including minor girls, ‘are being exploited and sex-ploited’ in hybrid cotton seed farms across seven districts in Gujarat. In this case, too, most of these child labourers would be from the marginalized and historically oppressed Dalit and Adivasi communities. The memorandum noted with dismay the refusal of the Collector of the Banaskantha district to acknowledge the presence of such child labour in his district when confronted with evidence to the contrary by activist groups. The memorandum noted that the Dalit Hak Rakshak Manch has requested the National Commission for the Protection of Child Rights to use its quasi-judicial powers and summon government officers in Gujarat to inquire as to why they continue to allow such an obnoxious form of exploitation.

The memorandum stressed that the separate Child Rights’ Commission which it urged the Gujarat Government to establish was also needed for the proper implementation of the Right to Education Act 2005. It noted that vast numbers of children across the state (probably mainly Dalits and Adivasis) are denied access to primary education facilities, in part due to what it called the ‘callousness of the government’. Gujarat, the memorandum pointed out, lagged behind 21 other states in the immunization coverage of infants, and this clearly exposed what it called ‘the tall claims’ of the Gujarat Government about its achievements in the health sector. It criticised the Gujarat Government for giving the task of the implementation of the Right to Education Act to the State Women’s Commission, which, it stressed was ‘nothing but a mockery of the Right to Education Act. All this, the memorandum stressed, were additional reasons why it was imperative for Gujarat to establish a separate state Child Rights’ Commission.

The memorandum concluded with an appeal to the Governor to issue appropriate orders to the Gujarat Government, which it termed as a ‘penny-pinching miser’ that ‘does not want to use resources for this vital issue related with future citizens of this state’.

So much, then, for the story of the Modi ‘Model of Development’.

Courtesy: Countercurrents.org, 19 August, 2011

more evidences on BT cotton child labour

Sting Operation Compelled 
NCPCR to Visit Gujarat

vadi pratap (age 12)

In a letter to the chairperson, National Commission for Protection of Child Right (NCPCR), New Delhi, Rajesh Solanki of the Dalit Hak Rakshak Manch (DHRM), has provided more evidence in support of child labour in BT cotton fields of North Gujarat. This comes at a time when the Gujarat government has vehemently denied any existence of child labour in BT cotton in any part of the state.

Solanki, who has been the chief campaigner for eradication of child labour in BT cotton fields, has said that “the recent sting operation carried by DHRM activists in the fields of BT cotton in villages of districts Sabarkantha and Banaskantha has unearthed brutal face of exploitation.” The operation was carried out as the NCPCR, which was supposed to send its delegation to investigate into complaints of child labour in BT cotton fields, put off its visit to Gujarat on suggestion from the state government. 


He added, “Our camera team risked their lives, and taken photographs and recorded interviews of child labourers who have been imprisoned since fifty days.” In his “conservative estimate”, there are around one lakh child labourers at present working in the the BT Cotton fields of Gujarat.

bundadiya naresh (age 11)

One of the photographs is from village Ravel (taluka Diodar, district Banaskantha),  of 11-year-old Bundadia Naresh Oganabhai, and 10 labourers and at least four child labourers. They all have come from village Jijnat (near Poshina), taluka Khedbrahma, district Sabarkantha. Originally they were told that after five days they could return; now they are forced to work in the field”, Sonanki’s letter says. His 12-year-old brother Bundadia Kiran Udabhai, is working in the farm of one Mali Sukhaji Ganeshji.

“The second sting operation in district Sabarkantha has revealed that here farmers are importing child labourers from tribal district of Panchmahal”, says Solanki, adding, “Four children are working in the farm of one Hira Reva Patel of village Idar (taluka Idar, district Sabarkantha). They are Bamaniya Piyush Maknabhai (10 years), Vadi Arjun Chimanbhai (8 years), Vadi Pratap Ishvarbhai (12 years) and Vadi Naresh Babubhai (15 years). They all belong to village Santrampur (taluka Santrampur, district Panchmahals).”

"it id not easy to enter any BT
Cotton field in any village of
gujarat..."

The senior activist further says, “For a curious visitor, it is not easy to enter any BT Cotton field in any village of Gujarat. Watchful eyes of farmers and mates (agents who bring children to farms) constantly observe outsiders who dare to enter the serfdom of vibrant Gujarat. Any motor car entering dusty lanes of village is seen with stinging suspicion. If they know somebody has come to see children, the car may be welcomed with stones. Here, the word ‘government’ is like a rodent, which is supposed to be killed.”

The DHRM has been insisting for the intervention of the NCPCR in the matter. However, says Solanki, “The government of Gujarat is not serious on this issue. This year also on the last moment Government of Gujarat succeeded in cancelling the visit of NCPCR team in Gujarat. Now, the season of BT cotton is coming to an end. On the basis of our evidences, the NCPCR may institute inquiry (as it had done last year) to any renowned, qualified child right activist, who will stretch the pious investigation up to next year!”

(courtesy: counterview.org, September 23, 2011)

who will cry for these kids?

Who will CRY for these kids?

Socio-Economic Profile of Dalit-Muslim

 Neighbourhood in Ahmedabad

 20 chawls

1052 families

4026 students

2157 drop-out

Percentage of dropout 54.11

235 ‘government-recognized’ BPL families

376 ‘deserving, but deprived’ BPL families

611 Families with income below Rs. 3500

 

243 child labourers, 2157 drop-out, 235 ‘government-recognized’ BPL families and 376 ‘deserving, but deprived’ BPL families and 163 widows; these are the shocking stats emerging from survey of 4026 students of   1052 families of more than 20 chawls of Rajpur-Gomatipur area. The survey has been done by Dalit Hak Rakshak Manch and it is part of a continuous process of wider mapping in ‘socio-economic profile of Dalit-Muslim neighbourhood in Ahmedabad.’

First of all we shall talk about the child labourers. As the present political establishment in Gujarat is smart in using sanskritised lexicons for the worst victims of socio-economic deprivation, they use the word ‘bal shram yogi’ (बाल श्रम योगी) for child labourer. But, we shall use the word child labourer. These child labourers include 21 child labourers (18 boys, three girls) under age of 14 years, 27 child labourers (18 boys, 9 girls) of 15 years, 28 child labourers (19 boys, 9 girls) of 16 years, 51 child labourers of 17 years and 107 so-called adult labourers (who actually started laboring since age of 14 or 15).

Out of these 1052 families’ 4026 students, around 2157 students are drop-out. And in these 1052 families there are 611 families with annual income of just Rs. 3500. In most of these families both husband and wife are working, mainly daily wagers. And they are working in garment factories or working as construction labourers.

The area under survey included, 1. Khadawali chawl, 2. Vora’s chawl, 3. Shakra Ganchi’s chawl, 4. Hira Ganchi’s chawl, 5. Saliawali chawl, 6. Havada ni pole (Masukhrai’s chawl, Popatiya Vad, Jivram Bhatt’s chawl), 7. Kundawali Kanjibhai Kalidas chawl, Opp. Post office, 8. Abu Kasai’s chawl, 9. Hiralal’s chawl, Dudhwali line, 10. Sutharwada’s pole, 11. Jain Derasar, 12. mehboob Building, Maniar vado, 13. Mariam Bibi Masjid, 14. Chanda Masjid, 15. Julta Minara (Aman nagar Chhapara, Bibi Masjid, Tulsi Park).

If we look at the area-wise pattern of drop out, we find that numbers increase from seven to ten standard and ten standard has the highest rate of drop out. All these students study in schools of Ahmadabad Municipal Corporation (AMC), where even 200 days of educational work is hardly accomplished. The relation between present government’s craze for celebrating carnivals and festivals and the drop out is subject of investigation. ‘’More than 7500 children were forced to remain present at international kite festival held at Sabarmati river front. 10,000 children were forced to stand under scorching sun in the inaugural function of Kankariya carnival.’’ (Jansatta, D. 29/1/2010)

If we compare the ratio of drop out among Dalits with that of children of sex-workers, it may puncture pride of some so-called ‘dalits’ who are singing songs of vibrant Gujarat with their political masters. ‘’According to a study commissioned by the Women and Child and Social Welfare Department, Government of West Bengal and UNICEF and conducted by the Kolkata-based Jayaprakash Institute of Social Change (JPISC) on prostitutes of Kolkata ..… ‘’Dropout rate is very high amongst children of standard V to VIII (in schools), more specifically among the girls… The study surveyed 1,200 sample families and found that of the 2,003 children 471 never attended school, 384 stopped going to school in the pre-primary stage, 758 stopped going to school after the primary level, 377 completed secondary level while only 13 managed to continue till the higher secondary level.’’