Wednesday, November 17, 2010

TN’s schemes lack focus on improving plight of dalits

Chennai:

The ongoing schemes by Tamil Nadu government under the Scheduled Castes Sub Plan (SCSP) does not have any specific focus on upgrading the status of the dalits and it should be made meaningful by introducing innovative schemes, according to sources.



A review of various departments done by development commissioner found that funds were diverted for populist schemes by violating rules or either shown outside the budget but included in SCSP.



Interestingly, the official observation comes in the wake of state government providing 100 per cent allocation under the Scheduled Caste Sub-Plan. The proportion of SC population is 19 per cent and ST is one per cent as per 2001 census.



According to the minutes of the first review meeting on the allocation made to SCSP, which was accessed by Express, it was observed that more than 50 per cent funds were allotted to populist schemes like Dr Muthulakhsmi Reddy Maternity Welfare Scheme and Kalaignar Life Insurance scheme which is higher than the 19 per cent funds earmarked for dalits.



Surprisingly, the percentage was determined by bilateral discussion with head of the health department and special secretary finance. In the process, Government Order 134 issued on October 2006 was violated requiring the mandate of the secretary, adi-dravidar and tribal welfare.



“The misuse of SCSP funds is due to deliberate attempts of dalit leadership inside or outside the regime who remain silent spectators or power brokers. They don’t see the concern of the people due to their vested interest,’ said Madras Institute of development studies professor Prof C Lakshmanan.



“The government is shedding crocodile tears on dalit issues while supporting corrupt dalit leaders like former telecom minister on one end and neglecting the genuine concerns of the dalits on the other hand,” he added.



Similarly, the review of LPG connection scheme and interest subsidy to cooperative societies, found out that the proportionate flow to SCSP was on the high side. And interestingly, it is not supported by expenditure figures of the previous years. “The secretary should take an appraisal of the SC schemes and then reduce the size of the flow to the required minimum,” it was observed.



In the energy department, which consumes 80 per cent of plan allocation, a total of Rs 85.94 crore was shown against SCSP and no reasons were given on why the amount shown outside the budget was included in SCSP. Moreover, no sub-head neither any government order exist for this allocation.



While on paper, it seems that huge chunk of funds are allocated for the betterment of dalits in the state but in realty nothing has changed as the grants never percolate to the needy. It is time the government has to rethink its strategy for uplift of dalits by focusing on education and health instead of focusing on populist schemes like free colour TVs, a dalit activist said

Contradictory GOs deny scholarship to students

Chennai:

Unreasonable restrictive state orders have denied scheduled castes from availing the full benefits of Government of India Post Matric Scholarship, which provides 100 per cent reimbursement of studies in private and self-financing institutions, according to official sources.



Sources said that though participation of dalits in arts and science courses is high, but in engineering and medical streams it has dipped due to financial inability and lack of adequate funding by supportive scholarship schemes.



Even the Government Orders (GOs) issued in providing post-matric scholarship is contradictory. While there is a GO that restricts Post Matric Scholarship scheme, it cannot be operationalised by another GO issued by the Higher Education department that has made education free for all.



Similarly, the GO by Adi Dravidar and Tribal Welfare department is contradictory to the GO of education department which provides benefit to first generation graduates studying in self-financing institutions since the self-financing colleges is taken out of the purview of SC/ST post matric scholarship.



While states like Karnataka and Puducherry has enforced the Thorat Committee report on “Empowerment of SCs for 11th five-year plan’ by making the social welfare department or the department concerned with the development of SCs as nodal department for formulation and implementation of schemes relevant to SC and earmarking funds for it. But in Tamil Nadu, the Adi Dravidar and Tribal welfare department, which is the nodal agency for SC welfare, has no provision of Scheduled Caste Sub-Plan budget under it.



The review meeting observed that the higher education department should enable SCs to establish educational institutions, create corpuses under respective universities with their own funds enabling SCs to take up research studies besides revival of earlier orders of Adi-Dravidar and Tribal welfare department for sponsoring a minimum of 100 SC students for higher studies abroad.



Meanwhile, the development commissioner hailed the role of school education department in making a positive impact on participation of SCs. “The enrolment of SCs at all levels from 1st to 12th standard is at least two per cent higher than the General Enrolment Ratio as state has made education upto 12th standard free for all,” it was observed

writingonblog: Indians languishing in foreign jails due to lack o...

writingonblog: Indians languishing in foreign jails due to lack o...: "Chennai: Many Indian workers working abroad are silently languishing in jails or are being exploited by their sponsors due to lack of free..."

writingonblog: RDO enquiry is flawed says mother of three-dying d...

writingonblog: RDO enquiry is flawed says mother of three-dying d...: "Mother to file suit questioning the RDO enquiry C Shivakumar/ENS Chennai: The RDO enquiry into the death of Sri Lankan refugee woman gave..."

writingonblog: Mega project founded on a heap of lies

writingonblog: Mega project founded on a heap of lies: "CHENNAI: Beneath the veneer of a possible prosperity from an impending industrialisation project lurks the authorities’ apparent apathy towa..."

writingonblog: Huge demand for adoption in TN as infertility rise...

writingonblog: Huge demand for adoption in TN as infertility rise...: "Huge demand for adoption in TN as infertility rises Chennai: Rise in infertility cases and awareness of adoption procedures has resulted ..."

writingonblog: Resettlement horror

writingonblog: Resettlement horror: "Chennai: After eight years of resettling more than one lakh people in Okkium Thoraipakkam, Perumbakkam and Semencherry, the state governmen..."

Indians languishing in foreign jails due to lack of free legal aid

Chennai:


Many Indian workers working abroad are silently languishing in jails or are being exploited by their sponsors due to lack of free legal aid in foreign countries, say legal experts.



“While every citizen has right to free legal aid under Article 21, 22 and 39 A of constitution, there is no procedure to provide legal aid in foreign countries,” says High Court advocate M Pari while ruing the plight of Indian workers languishing in Middle East nations jails or blue collared workers being denied their rights in Malaysia



Interestingly, the Expert Committees on Legal Aid in its recommendations has suggested the creation of a Corporation to provide legal aid to Indian citizens that still has not been implemented for more than three decades.



Even the Madras High Court has observed that large number of Indian labour working in many foreign countries and the ever increasing Indian diaspora face hardship due to disputes arising out of employment, matrimonial and property issues and felt Indians could hardly afford the high cost of litigation in these countries.



In its judgement on March 2010, the High Court judge Justice K Chandru has observed that the Bar Councils of India and the State Bar Councils must establish Legal Aid Funds and provide assistance to Indian workers for fighting their cases abroad by entering into necessary correspondence with their counterpart lawyers abroad and if necessary finance their litigation in foreign courts.



Former State Legal Services Authority member V Kannadasan says Indian embassies lack awareness in this issue and hardly approach National Legal Services Authority in providing legal aid to Indian citizens abroad. He says National Legal Services Authority can coordinate with the lawyers in foreign countries and bear the expenses of Indians there. “However, till now NLSA hasn’t come to the aid for Indian workers abroad,” he says while highlighting the plight of his client who is languishing in a Saudi jail since September 2009 without legal aid.



“My client got a job of driver in Saudi Arabia. He was arrested while his vehicle was involved in a minor accident resulting in minor scratches to a car in 209. Now he is in jail without legal assistance,” says Kannadasan.



Advocate Pari, who is fighting a case related to Indian workers kept as bonded labourers in Malaysia, alleges that while crores, which are being allotted to legal services authority by the Indian government, is being used in collecting money from the clients of foreign banks nothing has been done to improve the plight of Indian workers caught in a legal tangle. “Why not spend it on Indian workers abroad who pump in millions of rupees as foreign exchange,” he says



Bernard D Samy, coordinator of Arunodhaya Migrant Workers, says most of the workers who leave Indian shores illiterate or semi-literate and end up as undocumented in foreign countries as their visas would have expired while stressing on the need for Indian government to tie-up with civil society groups to promote legal aid to its citizens. He also says many lawyers are shy of taking up the issue as there is not enough evidence to proceed against the erring companies due to lack of contractual papers or valid permits

Monday, October 25, 2010

RDO enquiry is flawed says mother of three-dying declaration Lankan woman

Mother to file suit questioning the RDO enquiry

C Shivakumar/ENS

Chennai:

The RDO enquiry into the death of Sri Lankan refugee woman gave a clean chit to the police maintaining that the woman attempted suicide due to stomach ache and turned a blind eye to the dying declaration made in the presence of chief judicial magistrate after Madras High Court direction.



According to the enquiry report accessed through Right To Information Act, Karur RDO Manish Chhabra maintains Padma Devi attempted suicide due to stomach ache and backed the first dying declaration which was allegedly taken under duress while not recording the third dying declaration which was taken after High Court intervention following a petition filed under Section 482 of Criminal Procedure Code.



After recording the statements of the victim’s mother Padmavathy, police personnel, doctors and Parameshwari, the wife of one Murali who is accused in a double murder case along with Padma Devi’s husband Kumar, the RDO report rejects the claims made by Padmavathy and Padmadevi of sexual assault by the policemen and says their statements are contradictory.



Contesting the report of RDO, Padmavathy states that the non-perusal of the dying declaration recorded in the presence of the Chief Judicial Magistrate after the High Court order shows the enquiry is flawed.



Interestingly, Padmavathy was enquired twice by the RDO. In the first statement she says police took Padma Devi’s photos and kept her in a locked room for half an hour. In the subsequent enquiry she says that what I divulged in the first enquiry is wrong. “Why did the RDO record the statement of Padmavathy twice,” wonders advocate Pari who is filing a case on the behalf of Padmavathy demanding a CBI enquiry into the case.



There are also contradictory statements by Inspector Mohandas, sub inspector Ganesan and constable Tirupathy which was recorded by the RDO. While Ganesan and Tirupathy maintain they left for Trichy at 2.30 pm after immediately handing over the victim to Inspector Mohandas and police women, Mohandas maintains that he along with the duo left for Gandhigram at about 3pm to investigate the double murder site where Murali and Kumar are the accused in the case.



Even the RDO is silent on the violation of Criminal Procedure Code 160, says advocate Pari. “As per the section, no male person under the age of 15 or woman shall be required to attend an enquiry other than the place in which such male person or woman resides. But the RDO is silent despite the clause is violated by the police,” says Pari.



The mother states that the post-mortem was conducted without the request of the petitioner and it was not videographed.



The RDO report also rejects the claims made by Padmavathy after going through Parameshwari’s statements who says the door of the enquiry room was kept open and not closed as claimed by Padmavathy, the presence of women constables as well as denial of the claims made by Padmavathy that no photos were taken and Padma Devi was not stripped. The report also quotes Parameshwari saying that she was suffering from stomach problem much before the incident which again questions the claim that she committed suicide due to stomach ache as she was bearing the pain much earlier. “How could she have committed suicide on that particular day due to stomach ache,” questions Pari.



The mother is approaching the High Court demanding FIR against the policemen based on the dying declaration, an interim compensation of Rs five lakh and to change the investigation from Tamil Nadu police to Central Bureau of Investigation.



BOX: Chronology:

07.03.2010

Padmavathy taken from the Rayanoor Camp at 1.45 pm by Sub-inspector Ganesan, Thirupathy and woman constable Parimalam



2.30 pm Taken inside the Armed Reserve Police Camp



3.30 pm Padma Devi suffers stomach ache



4.30 pm Rushed back to their home by Sub-inspector Ramalingam



7.30 pm Padma Devi commits suicide



8.35 pm First dying declaration by judicial magistrate I Karur



09.03.2010



3.pm Appeal filed in HC seeking direction from the CJM to record the dying the declaration as the first one was suspected to be taken under duress



6.45pm While the argument is going on, the second dying declaration is taken by the same judicial magistrate. Insterestingly, there is no such provision for a second dying declaration.



8.22pm RDO enquires into the case. Takes the statement from Padma Devi (Interestingly, the enquiry was conducted two days after the incident)



10.30 Third dying declaration taken by chief judicial magistrate after the HC intervention



28.03-2010:



Padma Devi succumbs to injuries

27.04.2010

RDO submits the report

Friday, August 13, 2010

Mega project being built on lies

CHENNAI: Beneath the veneer of a possible prosperity from an impending industrialisation project lurks the authorities’ apparent apathy towards the future of a whole set of local people who have traditionally relied on agriculture as their source of income.






The livelihood of more than 1,500 families in Thervoy Kandigai village of neighbouring Thiruva­lluvar district is threatened if one goes by the Environmental Impact Assessment prepared by State Industries Promotion Corporation of Tamil Nadu (Sipcot).



The EIA report that was sent to Ministry of Environment and Forest for clearance of the 1,127-acre land acquired in the area for an industrial park is silent on the disastrous repercussions the proposed industries will have on its native population — most strikingly, a complete cessation of farming and allied activities.



“The report denies our very existence,” says Mahesh of Thervoy. About 3,500 acres of land are currently under cultivation in a 10-km radius of the area proposed for starting a tyre-manufacturing unit, besides glass and metals and a heavy engineering industry.



Most of the farmers are marginal, holding small extents of land, cultivating paddy, ragi, groundnut and chillies. “The three eris (water bodies) that supply water for agriculture will dry up within months of removal of the forest cover,” says Madhumita Dutta K Saravanan of Corporate Accountability Desk-The Other Media. “The villagers will lose their livelihood overnight.”



Curiously, the EIA report claims that the 10-km radius of acquired land has no protected living beings, water bodies, forest area or sanctuaries. “Around the 10-km radius, there is no vegetation. But a very small area of protected forest is there,” says the report. And adds that the planned area has no wetlands, water bodies, backwaters, memorials and heritage symbols.



There are six villages in the 10-km radius. Thervoy alone has more than 1,500 households — and most of them are agrarian.



Gautam, a villager in the area, says the site proposed for the industrial park has been a means of the villagers’ livelihood for the last 200 years. He points out that the proposed site is the source of water to the water bodies. “An industrial park in this place will affect our farms. When patta for housing site can’t be issued in grazing land, how can you convert it for setting up of industries?”



Interestingly, close to the proposed site you have the Nemalur Reserve Forest. The EIA study has ignored its existence as well as the impact the proposed industrial activity will have on this forest.



A study by Madras Institute of Development Studies says Thervoy has more than 5,000 Dalits, besides their 10,000 cattle and goats. Prof C Lakshmanan, who did the study for a France-based NGO, says the land acquisition for the industrial park lacks transparency. Further, Sipcot officials and the district administration failed to take the loc­als into confidence.



“The state,” notes the professor, “should understand that the economic growth should not focus only on FDI, but it should be holistic and sustainable.”



There are four companies that are scheduled to operate from the industrial park. These include French tyre company Michelin (re-christened as Michelin India Tamil Nadu Tyres Private Limi­ted), aluminium and ferrous alloy metal-maker Hunter Douglas India Pvt Ltd, Harsha Float Glass India and Harsha Exito Engineering, who are the makers of heavy engineering equipment, besides units that produce components of oil, gas and power among others.



The EIA report evaluating the environmental parameters of the industries speaks of nil distance to sensitive zones and assures zero air or water pollution. Plus, the water required for these industries would be only 4.5 MLD, which will be sourced through Chennai Metro Water.



The report also says the availability of effluent disposal places is not applicable to the industries as they are mandated to put up zero liquid discharge-based effluent treatment plants that will completely recycle or reuse the treated effluent in the process, utilities and green belt development.



Sipcot CMD Niranjan Mardi was unavailable for reaction. Thiruvalluvar District Collector T P Rajesh refused to comment

writingonblog: Resettlement horror

writingonblog: Resettlement horror: "Chennai: After eight years of resettling more than one lakh people in Okkium Thoraipakkam, Perumbakkam and Semencherry, the state governmen..."

Thursday, July 29, 2010

49,000 ghost companies exist in southern region


Express News Service

Chennai:

More than 17,000 companies in Chennai region have flouted statutory norms including submission of balance sheets as well as annual general body reports over the last five years, according to Ministry of Corporate Affairs director B K Bansal.



Addressing a press conference on Friday, he said in Tamil Nadu there are 70,998 companies that are registered as of June 30, 2010 and of them about 54,402 are active. There are about 13,811 companies, which are already in the process of being struck off from the register under section 560 of the Companies Act.



He said as of now there are 49,000 ‘ghost’ companies or the firms that exist only in paper of the 2.04 lakh companies in southern region. Bansal said by August 31, he expects about 25,000 companies will be struck down from the register of companies after complying with the Easy Exit scheme which was introduced on May 30 along with the Company Law Settlement Scheme.



He said the ministry has introduced these two schemes to provide waiver of 75 per cent of additional fee besides granting the defaulters amnesty and an easy platform for defunct companies for getting their names struck off from the register of companies. Both the schemes will be in force till August 31, 2010. “After August 31st, we will be initiating legal action against the erring firms,” Bansal said.



“Under the Company Law Settlement Scheme, we will provide an opportunity to the defaulting companies to file their belated documents by paying addition fee of 25 per cent of the actual additional fee payable for filing belated documents under the Companies Act 1956,” Bansal said.



The scheme, which was introduced after 10 years, has already generated interest among the entrepreneurs and we have collected Rs 2.83 crore under the scheme in Chennai region and 9.17 crore in southern region from 1st June 2010 to 8th July 2010.



Under the Easy Exit Scheme the ministry is providing an easy platform for defunct companies for getting their name s struck off from the register of companies. The first of its kind was introduced in 2000 as Fast Track section 560 scheme and thereafter two more schemes were introduced in 2003 and 2005. The objective is to provide defunct companies an easy exit route rather than pursuing the protracted process of voluntarily winding up of the companies which involved and high cost and was time consuming.



Bansal said about 3,488 companies have availed the Company Law Settlement Scheme in Chennai and 12,442 companies in the southern region.



He said the schemes are to account all companies in the Companies Act. “If the erring companies don’t avail of the scheme then we will take legal action,” he added.
Huge demand for adoption in TN as infertility rises


Chennai:

Rise in infertility cases and awareness of adoption procedures has resulted in large queues of parents at adoption centers across Tamil Nadu, sources in adoption centers said.



“While there are 361 children available for adoption, we have received more than 1,167 applications from parents,” says Rangashree Srinivas the member secretary of Adoption Coordinating Agency, Tamil Nadu, an association of recognized or licensed agencies in Tamil Nadu.



“Infertility may be one of the cause for adoption. But mostly, it is awareness that has resulted in a spurt in applications. In earlier days, men remarry when there is no issue. But now people are aware of legal issues related to adoption and how simple it is to adopt a child,” she added.



Suganya, a social worker with the agency, says most of the parents who approach them are those facing problems of infertility. There is also a rise among single parents, mostly women who opt for adopting children. “Earlier there were one or two applicants but now we have nearly 13 to 15 applications,” says Suganya.



“There was also a case of a 25-year-old man who approached us for adopting a child. But as per rules those who are above 30 and below 45 are eligible as a single parent,” she adds.



Infertility specialist Gita Hari says the state has 15 per cent of couples who are infertile of which 60 per cent are male. “When their funds get exhausted and when they can’t go for donor egg, they resort to adoption as their only means,” she says.



She says cost factor also plays an important role as it costs Rs one lakh to Rs 1.5 lakh for treatment of infertility. “Many try one or two cycles and some register and also come for treatment,” she says.



Usually, consumption of alcohol, stress, smoking as well as environmental pollution and chemicals add up the agony of infertility. She also blames pesticides for the cause of infertility in rural areas. “I have come across lots of cases from agricultural areas close to Thiruvallur. I believe it may be due to pesticides which may have resulted in low sperm count,” she says.



Currently there are 21 legal adoption centers in Tamil Nadu and two in Pondicherry. The children in adoption centers are classified as surrendered babies as well as abandoned babies.



Surrendered babies are those who have been discarded by women deserted by husbands, wives who have eloped with someone, unwed mothers as well as for many other reasons. There is a deadline for 60 days for the parents of the surrendered babies parents to lay claim to their babies. After 60 days, the child will be sent for adoption. There are a lot of parents who take back the children after 60 days.



“There were 13 children who were returned back to their parents of which one was male and 12 female,” Suganya says.



In the case of abandoned babies, they are handed over to child welfare committee who take over temporary custody before filing for abandonment certificate. A probation officer investigates and when the parents are not located abandonment certificate is issued.



Currently, there are 136 surrendered babies as well as 225 abandoned babies of which 101 are male, 258 female and two transgenders.



Interestingly, the demand for babies is such that parents have adopted children who are HIV positive turned negative children as well as those having cardiac problems.



But what happens to the children who don’t get adopted. “The children who can’t be placed are put under the care of directorate of social welfare, who send them to relevant homes,” says Suganya.

Resettlement horror

Chennai:

After eight years of resettling more than one lakh people in Okkium Thoraipakkam, Perumbakkam and Semencherry, the state government is still grappling to provide necessary infrastructure to the residents there, according to a report submitted by the state to the office of Supreme Court Commissioners.



In the report, which is available with Express, the government has stated that they are forming a committee headed by top officials to prepare a policy or a set of guidelines to be followed whenever rehabilitation and resettlement scheme comprising 5,000 households are proposed.



Interestingly, this decision comes eight years after the suffering of the people were highlighted through media reports and civil societies. “What compensation is the government providing for the innumerable sufferings they have endured due to the failure of government policies. This proves they are haphazardly evicting people without providing them basic infrastructure,” says Citizens Rights Forum member Vanessa.



“Whenever, there are 5,000 households (25,000 population), all facilities including infrastructure, funding, staffing, operational and maintenance issues related to this and delivery of services by the local bodies and all other departments should be included as part of the package and the committee should come up with a set of norms for this purpose,” the report stated.



The report stated that Tamil Nadu Slum Clearance Board has created infrastructures like roads, streetlights, storm water drain, underground sewerage system and handed them over to the concerned local bodies for maintenance. However, the local bodies are unable to maintain them, therefore the TNSCB took over.



But surprisingly, the TNSCB neither has the infrastructure nor the staff to maintain the facilities as it is not a local body. The Housing and Urban development secretary in the minutes of the meeting has stated that if it is not possible for rural development and panchayat raj department to maintain it then TNSCB should be authorized to maintain the infrastructure and given necessary funds.



The rural development and panchayat raj secretary has stated that the panchayats are basically unable to deliver the services due to lack of funds or staff since this was decided based on census 2001 and they are unable to tax the residents to fund service delivery.



He felt that taxes should be collected or paid by the TNSCB but the Slumboard MD feels that tenements constructed by TNSCB has been allotted on hire purchase basis and in many cases ownership has been transferred to the residents by way of issue of sale deeds and hence TNSCB was not liable to pay taxes.



The slumboard managing director pointed out that when such huge resettlement projects are taken up there is a need for service delivery otherwise it brings bad name to government as well as renders the entire process infructous given that these people are the most disadvantaged sections and have been moved out from their homes in the city.