MONTH IN PERSPECTIVE FOR SEPTEMBER 2022

New Delhi : The New Delhi datelined report “SC: Child’s welfare, not wish should determine custody”, is a disturbing piece of news coming from the highest court of the land. Here is a case of a child, 11 year old, born in the U.S. to Indian parents. In U.S., estrangement of couples is not uncommon. So, this Indian couple too decides to part company. For sure they were married for over 12 years, since they have a male child 11 years old. Relationship having soured between the mother and father of this 11 year old male child, one day mother simply leaves U.S. with the child and travels to India, reportedly without the knowledge of boy’s father. Child was born in the U.S. and therefore had U.S. citizenship, lived for over 10 years in the U.S. with schooling there. Now, that the child has travelled to Bengalooru in India, got into a local school, started enjoying the local atmosphere with maternal grandparents in attendance. So, the child, name not available, got acclimatized to the new environment with probably doting mother making him feel comfortable at home in and around Bengalooru. And comes the father, knocks the door of Karnataka High Court (KHC) and prays for the custody of child. Having heard all, including the child, KHC reportedly turned down the plea of father to have custody. Reportedly, the KHC went by the express wish of the child, who wanted to stay with mother in Bengalooru. This prima facie, is a correct decision, although they should have referred the issue to a Family Court, which has provision for counseling parents. Having lost the battle at HC, the father of the child approached the apex court, which in its wisdom decides, “It’s the welfare of the child that matters and not the wish of the child”. The report informs that court went into all aspects of the matter, from the birth of the child, his 10 years in the U.S. and that he is the naturalized U.S. citizen and therefore should return to U.S., which according to the SC is in his welfare. Accordingly the Supreme Court set aside the verdict of KHC. The question of welfare of the child should be left to the child’s emotional bond with his parents and not his material status of being a U.S. citizen or the status of his father who is in the U.S. If the child who is now in India with his mother and has expressed his desire to be with her, the court has no business to interfere with the wish of the child. The judgment, prima facie can be devastating to the child, and therefore it should be applied for review in the larger interest of justice, fair play and the psychological interest of the child. Hope, the mother, who is presently in custody of the child should take recourse to review the judgment, by demanding to be heard by a family court rather than normal courts. Uttar Pradesh: Real Estate Developers, routinely violating building norms with the connivance of government authorities, is not exactly a ‘new norm’ but keep happening all over India. So its not a news that Supertech Ltd building its Supertech Emerald in Noida on the land owned by them have changed their plan to suit their interest to make more money and still more money. They were permitted to build 14 buildings of 9 floors, instead they built a twin towers of 40 floors each, taller than ever Qutub Minar consisting of 915 flats. Noida authorities clearly joined hands with the developers to allow them to reap the bonanza. Surely they would not have done it for free. It must have been Quid-Pro-Quo for a big time illegal money, changing hands. Disturbed by the brazen act of illegal constructions by the developer, the flat owner’s association filed a case in Allahabad High Court in 2012. Having heard the case, the High court ordered the demolition of both towers. Since there is the higher court, the aggrieved developer went to Supreme Court, which upheld the High Court order and asked the developer to demolish the twin towers at their own cost. After dilly-dallying for over a year on technical ground, the 103 meter tall twin towers, with the help of implosion technique using 3700kg explosives was in rubbles in less than 15 seconds. Reportedly, it was a thoroughly professional job with no loss of life or property in the surrounding area. Hundreds of spectators, who had gathered at the site of the blast, clapped with derision at the victory of ‘good over evil’. The real estate company, the Supertech ltd. cried, it lost Rs 500 crores due to this demolition of twin towers. Industry experts stated “demolition of twin towers is a lessen for all stakeholders in real estate industry that accountability will be fixed if they violate building laws. State regulatory authorities under Real Estate (Regulation & Development) Act 2016 should be more empowered to take action against defaulters and protect consumers’ interest” While it is a good development in the overall interest of justice, what is not spoken about and not written about is the nefarious role of officials of statutory authority who bent backwards to promote the illegal interest of these real estate developers, or real estate sharks, if permitted to call them so. Truly speaking, it is they who failed the system and let down the public-trust reposed in them as custodians of law enforcement. They used their position to illegally enrich the developer and in the process enrich themselves. As a private entrepreneur, a real estate developer naturally tries to enhance his profit. It’s quite natural. But these officials appointed to protect the interest of consumers or buyers of parts of property using their honestly earned hard earned money, failed comprehensively in their massive effort at self aggrandizement at the cost of vulnerable purchasers of probably their only long term asset. It was, in retrospect, truly Satyameva Jayathe in practice. Long live Justice and truth. Rajasthan : A Jaipur datelined report “MLA resigns for the death of a Dalit boy” has failed to stir the political class in Rajasthan. Rana Chand Meghwal, MLA, has reportedly resigned, ostensibly for failing to save the Dalit boy who died in hospital. Rana Chand Meghwal, an MLA of the ruling Congress party resigned from the membership of Rajasthan Legislative Assembly. In his resignation letter to the Chief Minister of Rajasthan Ashok Gehlot, he contended that he had ‘no moral right’ to continue to stay in the government after the death of Inder Meghwal, a 9 year old Dalit student of Saraswathi Vidya Mandir, a private school in Surana Village in Jalore district. Reportedly, the 9 year old Inder Meghwal, probably a 3rd standard student of Saraswathi Vidya Mandir had touched the earthen pot containing drinking water and drank water from the pot. Ostensibly the earthen pot was being used by a teacher Chhail Singh. Enraged teacher reportedly thrashed the boy black and blue that caused serious injuries to an eye and an ear, with ear bleeding and eye sore. He was taken to hospital in Jalore, Bhinmal, Udaipur, then at last to Ahmedabad in Gujarat, where he succumbed to his injuries. It appeared prima facie, a upper caste 40 year old Chhail Singh, a teacher at that, had badly hit a mere 9 year old Dalit boy, and the boy died, for just drinking water from the water pot which Chhail Singh was using. The small boy of 9 year, a Meghwal had died by the upper caste atrocity and MLA Rana Chand Meghawal, had every reason to feel outraged at the brutality meted out to a small defenseless boy, and the society around him did nothing to stop it. What a disgrace to Sanaathana Dharma! Gujarath : There were two reports in the print media on 16th Aug. One was about the release of some prisoners under the remission policy of the government of Gujarath, and the other was on the reported remark of Prime Minister Narendra Modi in his Independence Day address to the nation from the ramparts of Red Fort. News from Gujarath said “Bilkis Bano case: Gujarath govt releases eleven convicts”. The news from New Delhi said “Gender equality crucial to country’s growth: PM”. Both are different in their own way but both are thematic in its intrinsic implication. Prime Minister Modi was stressing in his address that “respect for women is an important pillar of India’s progress in the country’s growth trajectory”. Hitting out at patriarchal mindset, PM Modi had expressed ‘anguish over the use of abusive language for women and asked society to ensure that women are respected and are not humiliated, while stressing the importance of women’s empowerment’. There are certainly no two opinions about the gender sensitivity that PM was exhorting the nation to adopt and cultivate in the larger picture of equity in growth. However, what came as an anathema was the other report coming from Gujarath, PM’s own state, where he presided for over 12 years from 2001 to 2014, as the Chief Minister. Beginning with Godhra torching of Sabarmathi Express train leading to the horrendous burning alive of 60 humans on 27th Feb 2002 and the mayhem that followed which took the lives of some 2000 more, has been a catastrophic development during the Chiefministership of Narendra Modi. It is true that all law courts have exonerated him of any personal guilt in handling the horrific situation prevailed those trying hard days, as the Chief Minister. In the retribution that followed the Godhra carnage, included the attack on the family of Bilkis Bano, where many men were killed and women physically assaulted. Bilkis Bano, who was then 5 months pregnant, was reportedly physically assaulted by 11 men, who were later found guilty and sentenced to life imprisonment. Taking advantage of the provisions allowed by the Supreme Court that after 14 years of continuous imprisonment of a life convict he can be released on good conduct. One of the accused applied for remission under the scheme. That prompted the Gujarath government to act and all eleven life convicts were granted the remission. This prompt action of state government has left more reasonable people shocked. While it is true that, what the Gujarath government did was within the ambit of law, the record of the case is such that, it needed deep deliberation and introspection before granting en-mass remission. It is correct to say that no illegality has happened, but how would you react to a situation like this, if the victim, who is still alive, happens to be one of your very own, how would you react to such blatant, can we say ‘misuse’, of the legal provision, when they deserved no clemency for the sheer brutality of gang-rape of a pregnant woman! It is in this context, the exhortation of PM Modi in elevating the womanhood to motherhood and beyond, then this virtual condemnation by his own former government of all that he said on such an auspicious occasion like the Platinum Jubilee of our nations Independence Day, by this flagrant piece of executive action, and the dichotomy present therein, leaves a sensitive person numb and speechless. Waaray mera Bharath, kaise mai ise Mahaan kahoon! Gujarat: An Ahmedabad datelined report in print media “10 in Gujarath banned for life for filing RTI queries”, appeared disturbing to say the least. Right To Information Act was enacted in 2005, to bring about transparency in government dealings and covers a whole gamut of information that a citizen can access through an application. Ever since the enactment there has been positive development in empowering ordinary citizens. It has exposed many shady deals and has put the authorities in government on guard and sometimes on back foot. The power of RTI application has led to many physical attacks and even murders committed by people who were exposed due to the information made public by RTI applicants. It is true that this RTI application regarding different information from government department has triggered widespread fear among government staff who are corrupt and among those private beneficiaries who use these corrupt government servants to get their illegal works or jobs done through these government servants. Thus RTI has become a tool of societal cleaning of financial or pecuniary wrong doings. Thus, this report coming from Gujarath is not shocking but clearly disturbing. According to the report, since over a year some 10 people in Gujarath have been banned for life from filing RTI application seeking information which may be uncomfortable to some people, including government functionaries. Report informs that GIC, that is Gujarath Information Commission had cited reasons like “filing multiple queries”, “being cantankerous” “using the act to harass government officials”. While charges by Information Commission for refusal to provide information on whatever grounds it has taken, banning an RTI applicant is unprecedented… Prima facie, it can be challenged in high courts. RTI is a right conferred under the law and Information Commissioners are bound to respond, except in cases involving sensitive information like national security etc. According to Mahiti Adhikar Gujarath Pahel, an NGO that runs RTI helpline, a husband wife team of Hitesh Patel and Ms. Patel from Petlad town had filed 13 RTI applications related to their housing society. What is the locus-standi of GIC to refuse to give information signed by the couple, but has ‘withdrawn their right to make submission before the commission’! The couple is among the 10 people banned by GIC, which includes a lady teacher looking for her salary details and service book and a school employee among others. As it appears, GIC has exceeded its authority and therefore all those who are aggrieved and denied information should approach the Gujarath High Court and call the bluff of GIC. Karnataka : Today, 15th August 2022, India or Bharath has completed 75 years of its political independence. Looking back over the shoulder, how have we, as a nation, traversed, would surely make an interesting reading. But a week or so earlier, S.Angara, a Minister in the Government of Karnataka, who also happens to be the District-in-Charge Minister of Udupi District in coastal Karnataka was on an emergency visit to the District. He was addressing media in the Circuit House informing that there would be a campaign to construct foot bridges all over Udupi District and that there would be hundreds of footbridges constructed under MGNREGS. As we all know MGNREGS represents Mahatma Gandhi National Rural Employment Guarantee Scheme. This particular scheme was enacted and notified by an extra ordinary Gazette of India on 7th September 2005 and came into force on Feb. 2nd, 2006. This is a labour law with social security measure that aims to guarantee the ‘right to work’ of some 100 days per household. This is a good initiative, although belated, for the micro financial empowerment of rural household. Among the umpteen projects that can be taken up under MGNREGS, are “providing all weather rural road connectivity to unconnected villages, including construction of pucca internal roads within the villages” “Works for improving disaster preparedness or restoration of roads or restoration of infrastructure including flood control and related works”. Although specifically not covered, under rural road connectivity, foot bridges on rivulets or streams for the village folks, especially school going children could have been thought-about and constructed. This became extremely urgent, since it was only a week ago, on 8th August, that 7 year old Sannidhi, a student of 2nd standard slipped from a contraption of timber poles called footbridge and she couldn’t be saved alive. Her body was found some half a kilometer away down-stream after over 48 hours. A student of Chapparike Govt. Primary School in Kalthodu village, Sannidhi was returning from school with a school staff who had earlier crossed two girls across, while the third, sadly and unfortunately slipped on slippery poles joining two sides of the stream. Reportedly a foot bridge was sanctioned some eight months ago on the same spot. But Public Works Department (PWD) has been dilly-dallying to go ahead with the project. Now that the neglect has cost the life of a young girl of seven years, the District Minster wants to act tough on the PWD engineers responsible for the delay. And we have this local MLA B. M Sukumar Shetty claiming, may be even falsely that in his Byndoor constituency some 200 small foot bridges have already been constructed and there are additional demands for some 150 more of them. But none questioned, why the foot bridge sanctioned 8 months ago with Rs.12 lakhs sanctioned project cost was not taken up. It could have saved the 7 year old girl Sannidhi and funnily this MLA is offering to educate the younger sibling of Sannidhi which none in the family expressly desired. He was only offering it for public consumption, as if he is a concerned individual. This is opportunism at its worst. All these gimmicks cannot bring back the life of young Sannidhi who paid with her life for the political and administrative apathy of this Government. These foot bridges have a long history. It’s been on the development radar for a long time and accidents like the one that happened with Sannidhi is not the first one, there have been such incidents in the past but apathy put paid to any heightened seriousness of addressing this important need of locals everywhere. This is the take away of another kind on this platinum jubilee of our political independence. A sad reminder. Here, it is not out of place to quote Prime Minister Narendra Modi. In his address to the nation on 15th Aug. 2014, his first address to the nation as Prime Minister, he had asked MPs, MLAs and MLCs to go back to their constituencies and try to adopt a village to make it a model village in all respect within the next 5 years period with the help of their Local Area Development Fund. If only these people’s representatives had taken the exhortation of PM Modi, Sannidhi could have been saved for sure. But we are Indians; we only act after tragedy strikes. And our media is as apathetic to issues of concern as the political class and bureaucracy. Today’s (15th Aug) Times of India had 18 pages in the main paper with supplement of 48 pages, nowhere issues of concern affecting the have-nots of the society was there, including that of the tragedy involving Sannidhi. In a country where the priority is for Bullet Trains and provision of 6 lanes road connectivity to airports, footbridges in remote villages which could truly save young lives don’t make news and our liberals have no views. This is YEH MERA INDIA. Karnataka: When will politicians make some responsible statement and act accordingly! Veeranna Somanna, or simply V. Somanna, an MLA who became a minister in Karnataka government reportedly remarked or floated an idea of having an airport in Belthangadi, which is 60km from Mangalooru where the present international airport is located. This V. Somanna, who is the Minister of Infrastructure Development and Housing, was visiting Belthangadi to distribute letters to beneficiaries of housing schemes under Basava Vasati Yojana and BR Ambedkar Vasati Yojana. He reportedly remarked that ‘since there are number of devotees who are visiting Dharmasthala, a temple town, there is need for setting up of a mini-airport in Belthangadi’. He was only playing to the gallery since Veerendra Heggade, the head of Dharmasthala temple complex was nominated as a Member of Parliament in Rajya Sabha. While it is not known, what prompted the NDA government in nominating Heggade as M.P. his public relation ability has catapulted him to a larger media-space. The proposal of V. Somanna may have to do with this development of M.P. connection to Belthangadi. However what V. Somanna has forgotten is there are any numbers of temple towns in coastal Karnataka, like Udupi, Kollur, Murdeshwar etc which are farther than Dharmastala from the Mangalore airport. The demand for such airports may also come from these temple towns as well, after the above announcement by the minister. But what is sad and bad, is that while these politicians have all the time and resources for such infrastructure like airport and related road works and other works for the havoc of the society, they have neither time nor resources for the crying needs of those living in hamlets cut off by rivulets and streams in the interiors of coastal Karnataka. Only the other day, a child of 7 years, Sannidhi, a student of 2nd standard, fell into the swirling waters of a stream in Kundapura, near Udupi. Only after 48 hours her body could be found. She was crossing the stream on a bamboo wooden contraption called footbridge. And this is not an isolated case. There are hundred such places needing urgent intervention. The situation has been so for donkey years and cry of helplessness has been an ARANYA RODHANA for many years. As infrastructure minister, he did not visit the tragedy spot to get the first hand appraisal of the situation. But he had all the time and resources for creating a possible airport at a cost of some 100 crores, at a place where it is hardly needed. This is Yeh Mera India, always barking up the wrong tree. Kerala : Recently there was a one man protest outside Mangalore City Corporation (MCC) office in Ballalbagh for many days. A young man, had died skidding over an open pothole and came under the wheels of a truck following his two wheeler. The protestor is a friend of the deceased. Such deaths have been fairly frequent not just in Mangalooru, but all over Indian cities, whether big city or small city. The issue of pothole menace has been a long pending issue with government authorities everywhere since many years, with quality of road construction carried out has been of below standard, where repair of these bad patches became endemic, due to the corruption involved in contracting of these petty works after every monsoon. Clearly it appears to be a failure of both political class and bureaucracy. No wonder, tired of the sickening pace of potholes caused accidents, Kerala High Court has rather came down heavily when it ruled “District Collectors must explain future mishaps caused by potholes”. A report datelined Mumbai was published in a Mumbai newspaper, where Kerala High Court had asked ‘the district collector, everywhere in Kerala, to explain every accident that happens due to pothole in his jurisdiction’. Court has also directed that all officers under the district collector, who are part of Disaster Management Cell, must be instructed to visit and inspect every road and to ensure that all of them are kept free of disaster, lest another accident happen. Justice Devan Ramachandran of Kerala HC, on August 19, in a detailed order added “It must be remembered that creation of pothole or crater on a road can only be construed as a man-made disaster under the provisions of Disaster Management Act”, directing the DC to act within the statutory powers available under the Act Justice Ramachandran remarked while winding up, that the court cannot ‘prod’ the collector continuously. It was like HC caught the bull by the horn. Hope, courts everywhere take this suo-moto initiative in pulling up district administration everywhere to act and to act continuously! Since, it is indeed an issue of life and death. While we are about it, it is pertinent to mention that High Court in Bombay has in principle decided to assign cases of accidents involving potholes to a special bench to be created soon. It was in 2018, that the Bombay High Court had given series of directions to the State government and relevant authorities to tackle the issue of pothole claiming lives during monsoon every year. However with situation not getting any better and deaths making headlines every other day, High court in Mumbai, terming the lack of seriousness by the government agencies as a clear case of ‘contempt of court’ has decided to assign all contempt petitions to a special bench for the purpose. Not repairing the road is a violation of people’s fundamental right to live, observed court. Reportedly there were 5 deaths in the last one month alone in Mumbai city. Hope these actions on the part of courts both in Kerala and Mumbai would bring about some salutary improvements in the picture of potholes not only in Kerala and Maharashtra but also rubs into Karnataka, especially Mangalooru.