Padma awards list confidential, can't be disclosed: CIC

by Himanshi Dhawan

The Central Information Commission (CIC) has ruled thatnames of those considered for Padma awards should not be disclosed asit would be a social embarrassment and may amount to invasion of privacy.

While issuing the order, Chief Information Commissioner WajahatHabibullah said that while the Right to Information Act aimed atbringing in transparency and accountability, it also recognisedpreservation of confidentiality of sensitive information.

An appeal filed by Subhash Chandra Agarwal raised questions about theselection process and insinuated that the committee might be onlygoing through the motions.

Agarwal, in his appeal, said, "Please specify how it is practicallypossible for a selection committee of about 10 members to select about100 Padma awardees out of a list of more than one thousand in its oneor two meetings. Is it true that the selection committee only fulfilsthe formality of endorsing a pre-approved government list in somehours only to meet guidelines fixed by the apex court?"

Rejecting the appeal, Habibullah said, "It will definitely not beproper if the personal information concerning certain personalitieswho were recommended but not considered for grant of the award for anyreason, is disclosed and made public. It will surely be at the least asocial embarrassment and may amount to invasion of privacy. Thecommission is not convinced that details concerning them be madepublic and become a subject matter of public scrutiny.

"Agarwal had demanded details of members of the selection committee,the number of meetings held by it and the approved names rejected bytax and intelligence agencies. In response, the home ministry hadreplied that the selection committee held two meetings and hadreceived names that covered 169 pages.

Governance and Corruption

Deepti Priya Mehrotra
A study on corruption across India reveals that approximately 50million BPL households paid as much as Rs 8,830 million in bribes inone year to access 11 selected public services. Highest on thecorruption list is the police.
The benefits of planned economic growth are supposed, at some pointof time, to reach the poor. Despite 60 years of independence, notonly has this `trickle down' failed to materialise, there actuallyseems to be a `trickle up': bribes paid by the poorest households togovernment functionaries for accessing public services. Whilecorruption exists in all strata, it hurts the most when it affectsthose already living on the brink.
The poor pay bribes of over Rs 8,000 million to access publicservices.
A recent study, designed and conducted by the Centre for MediaStudies (CMS) in collaboration with Transparency International India(TII), reveals that the approximately 50 million BPL (below thepoverty line) households in India paid as much as Rs 8,830 millionin bribes, within one year, to access 11 selected public services.This colossal amount, extracted from the poor, indicates a ruthlesscynicism at work within the innards of the State.
The stranglehold of corruption exists across all 31 states and unionterritories of India. The TII-CMS India Corruption Study-2007 foundthat in order to avail of the 11 public services studied,approximately one-third of the total number of BPL households had topay bribes.
The worst service, in terms of corruption, turns out to be thepolice. This is hardly surprising, yet it does provide occasion topause and question the credibility of a law-and-order system thatharasses the most powerless and vulnerable. Across the country,around 10% (5.6 million) BPL households interacted with the policeduring one year; of them, 2.5 million had to pay bribes to policefunctionaries. The total amount in bribes paid by these householdsto police personnel is estimated to be a whopping Rs 2,148.2million. Around half of the households had no option but to pay abribe at the very first step -- the point of registering theircomplaint.
Six of the 11 public services covered in the study are `need-based' -- police, banking, housing, forests, the National Rural EmploymentGuarantee Scheme (NREGS), and land records/registration. The restare `basic services' -- the Public Distribution System (PDS),health, school education, electricity, and water supply. The 11services can be ranked as follows, in terms of their corruptioncount: police (1), land records/registration (2), housing (3), watersupply (4), NREGS (5), forests (6), electricity (7), health (8), PDS(9), banking (10), and school education (11). Need-based services,being monopolistic and/or involving asset-creation, rank relativelyhigh on the corruption scale compared to basic services.Land records/registration and housing emerged as the most corruptservice, after the police. At issue is people's fundamental right toshelter and livelihood. Nearly 18% of BPL households interacted withthe land records/registration department, of which one-tenthreported paying a bribe, amounting to an estimated Rs 1,234 million.Nearly one-fourth of bribes were extracted simply for the provisionof land records. Over half of the households visited the concernedoffices three or more times to access routine services.
Alok Srivastava, Research Director, CMS, notes: "The governmentclaims computerisation of land records helps reduce corruption --but our study disproves this." As regards housing, 78% of BPLhouseholds that interacted with the housing department experienceddifficulties; one out of two said `corrupt staff' was the mainsource of their difficulties. With two out of every five (a total ofapproximately 1.5 million) households paying a bribe or usingcontacts to avail of housing services, an estimated Rs 1,566 millionwas pocketed, largely by departmental staff. Around 45% ofhouseholds found corruption had increased during the past year.To avail of water supply, an essential service, BPL households paidRs 239 million in bribes. Occasions for bribery wereinstallation/maintenance of handpumps, meter installation, piperepair, supply of irrigation water, etc. The NREGS, a scheme meantto provide relief to households suffering chronic unemployment, hasbecome another site for harassment. Around 0.96 million rural BPLhouseholds paid bribes to avail of NREGS benefits, to the tune of Rs71.5 million in the course of one year! Around 47% of rural BPLhouseholds that interacted with the NREGS found officials/staffcorrupt. Half the households that paid bribes did so to getregistered for work under the scheme.
Around 20% of BPL households interacted with the forest services.These largely tribal households, whose livelihoods depend on theforests, paid bribes to the tune of Rs 240 million, in one year, toobtain permission to collect fuel wood and gather saplings, etc.Most paid bribes directly to the concerned staff and officials.In a country where food security is still a pipedream and millionssuffer from malnutrition, health and PDS department personnel havenot spared people. Health services interfaced with four-fifth of BPLhouseholds, of whom over half faced difficulties and 15% paid bribesor used contacts. Another 2% were denied health services becausethey could not pay a bribe. Around Rs 87.0 million was paid inbribes during the course of a year. However, nearly one-fourth ofhouseholds felt that grievance redressal mechanisms were improving.As for the PDS, more than half of the 47.23 million households thatinteracted with service-providers had no doubt that corruptionexisted in the department. Around one-third felt corruption hadincreased during the year. Around 10% paid bribes or used a contact -- the majority to get a new ration card or take home their quota ofrations. Three out of four households that paid bribes did sodirectly to the concerned staff/officials. Bribes were paid to thetune of Rs 458 million.
Expansion of school education is being promoted with much fanfare,yet some 3.1% BPL households reported paying bribes -- the majorityfor new admissions, issuance of certificates, and promotions. Theamount paid in bribes is estimated at Rs 120 million. Srivastavasays: "The major share is in the higher classes -- Classes 9 to 12.Most bribes were demanded by school officials or staff, and werepaid directly to them." One can only wonder about the kindof `education' being imparted by adults themselves mired incorruption.
Dr N Bhaskara Rao, Chairperson, CMS, says that previous CMS studieson corruption (2003 and 2005) showed that corruption involvingcitizens had declined, albeit marginally, in certain publicservices. This improvement may be partly due to specific measureslike the Right to Information (RTI) Act, citizens' charters, andsocial audit. Yet, levels of corruption remain unacceptably high,particularly in the context of BPL households. The ultimate proofof `inclusive growth' would be to ensure that basic servicesactually accrue to the poor. The TII-CMS study should be viewed, inthis context, as "a tool to sensitise the larger public andconcerned stakeholders, and prompt governments and civil societygroups to take locally relevant initiatives".
Srivastava explains that a vast network of experienced investigatorsand field workers carried out the survey, covering 22,728 randomlyselected BPL households. The field work took place between November2007 and January 2008.
The findings emphasise the fact that no state is near the `zerocorruption' mark. However, the level is relatively moderate in somestates including Himachal Pradesh, Andhra Pradesh, Maharashtra,Uttarakhand, Chandigarh and Tripura. It's high in others such asGujarat, Jharkhand, Kerala, Delhi, Orissa and Manipur, very high instates like Rajasthan, Karnataka and Meghalaya, and highest (to theextent of being `alarming') in Assam, Bihar, Jammu and Kashmir,Uttar Pradesh and Goa.
This nationwide survey suggests an agenda; it is up to civil societyand politicians to respond. The direction is clear: urgent measuresare needed to curb corruption, particularly as it affects thoseliving at the margins. There is need for widespread awareness,vigilance, and committed efforts to improve governance and checkdishonest practices at every level. It must be recognised thatpublic services are entitlements, not charity to be provided ordenied according to whim. States that are worst affected obviouslyneed to devise strategies to deal with what is, in effect, not onlya crisis of governance but also an ethical crisis.
CMS and TII have already held a series of meetings with variousgovernment departments to discuss the relevant findings and suggestpossible strategies. They understand that it is important to workwith policymakers as well as with people at the grassroots. Seeingthe research as only Phase I, R H Tahiliani, Chairperson, TII,describes plans on the anvil for advocacy: "Phase II and Phase IIIof this endeavour would include training of grassroots-level workersand activists and arming them with information about the extent ofthe corruption in different areas, and use of the Right toInformation Act to empower the poorest to stand their ground and notpay bribes while demanding and accessing the services they areentitled to." TII hopes to provide each BPL household in the countrywith a passbook of entitlements and keep them updated periodicallyso as to fight poverty and improve the lot of the poorest of thepoor.

THE CASE OF THE MISSING CABINET

Ravish Tiwari
An RTI application shows most Cabinet ministers skipped several crucial meetings in the past four years
Since coming to power in 2004, the Prime Minister has convened 217 Cabinet meetings till June-end this year—about one meeting per week—to deliberate over 1,800 proposals. But no Cabinet minister except Home Minister Shivraj Patil and Law Minister H.R. Bhardwaj attended more than 90 per cent of the meetings.
Senior Cabinet ministers such as Textiles Minister Shankersinh Vaghela, Commerce Minister Kamal Nath and Railways Minister Lalu Prasad attended less than half of all Cabinet meetings in the last four years.
Vaghela, who attended about 35 per cent of the meetings, tops the list of absentees, followed by Nath and Lalu. Only 13 ministers attended more than 70 per cent of the meetings. The Indian Express used the Right to Information to obtain information regarding absenteeism from the Cabinet secretariat.

Many ministers were also absent from meetings where a proposal moved by their ministry was on the agenda. Barring Defence Minister A.K. Antony and Water Resources Minister Saif-ud-din Soz, every other Cabinet minister was absent from a meeting at least once despite a proposal from his or her ministry being listed on the day’s agenda.
Topping the list in this category is HRD Minister Arjun Singh, who was absent on 22 occasions when a matter moved by his ministry was to be discussed, followed by Lalu (21 meetings), Finance Minister P. Chidambaram (19) and External Affairs Minister Pranab Mukherjee (19). Ten of Mukherjee’s 19 absences, however, were recorded after he took over the External Affairs portfolio, which requires frequent overseas travel, in 2006

No list of Jallianwala victims with MHA

CHANDIGARH/AMRITSAR:According to information received through the RTI Act, RC Nayak, deputy secretary, ministry of home affairs, FFR division stated vide his letter number 5/35/2008 FF(P) dated August 14 that “FFR division of the ministry does not maintain any list of martyrs of the Jallianwala massacre”। He stated that the freedom fighters and the martyrs of India’s freedom struggle were covered under the Swatantrata Sainik Samman Pension Scheme, 1980, and their eligible dependents, including widows, widowers, unmarried and unemployeed daughters, etc।, were eligible for pension and some other facilities। Some of the other movements like the Khilafat Movement (1919-1923), Army Samaj Movement in erstwhile Hyderabad state (1947-1948), Royal Indian Navy Mutiny (1946) and Nankana tragedy of February 1920 have been included under this pension scheme। The British government on June 15, 1921, had constituted a committee headed by A Langley, commissioner, Lahore division, which had Diwan Bahadur Raja Narendra Nath, member of legislative council, Maulvi Muharram Ali Chisti andChaudhari Mohammad Amin, advocates in high court and members of legislative council, and Bakshi Tek Chand, advocate in high court, as members of the committee, which was to decide on the compensation to be paid to the families of persons killed and injured and those who had suffered loss of property at Jallianwala। DC KS Pannu, whose office holds the relevant record of that time, stated that the committee had ordered compensation according to age and annual income of the martyr, which ranged from Rs 4000 to Rs 20,000 per family। If the compensation paid to the martyrs was valued in terms of gold, the same came between Rs 20 lakh-Rs 100 lakh, he added.

Minorities are also Human

By MAHTAB ALAM
"The victimization and deionization of Muslims in the guise of investigation of terror offences is having a very serious psychological impact on the minds of not only the families of the victims but also other members of the community," the jury member of the People’s Tribunal made this observation after hearing 40 victims or their family members from across the country deposed before them .
The tribunal has been set up to hear the cases of atrocities, torture, harassment and victimization by the police and intelligence agencies of the members of Muslim community in the name of fight against terrorism, held in Hyderabad from 22 -24 August.
The tribunal, comprising jury members including Justice S.N. Bhargava, former chief justice of the Rajasthan High Court, Justice Sardar Ali Khan, former Chief Justice, Andhra Pradesh High Court and former Chairman of National Minorities Commission, Mr. K.G. Kannabiran, Senior lawyer, Mr. Kingshuk Nag, resident Editor, Times of India, Mr. Lalit Surjan, Group Editor, Deshbandu Hindi Daily, Prof. Ram Punyani, activist-intalectual, Prof. Rooprekha Varma, former V C of Lucknow University, Dr. Asgar Ali Engineer, noted Civil Rights Activist, Mr. Prashant Bhusan, Supreme Court Lawyer-Activist and Prof. Hargopal of Hyderabad University.
After hearing complaints of victims or their family members, of police torture in the name of fight against terrorism, national-level People's Tribunal made following interim observation and recommendations.
Interim Observations

The testimonies showed that a large number of innocent young Muslims have been and are being victimized by the police on the charge of being involved in various terrorist acts across the country. This is particularly so in Maharashtra, Gujarat, Madhya Pradesh, Andhra Pradesh and Rajasthan, though not limited to these States.

In most of the cases, the persons picked up are not shown to be arrested by the police until many days after their arrest in gross violation of the law. Their families are also not informed about their arrest. In many cases, they have been tortured in Police custody and made to "confess" and sign blank papers. The police has been often humiliating Muslim detenues on the ground of their religion. The testimonies show widespread communalization of the police across states in the country.

In most of these cases, the Courts are routinely allowing police remand and not granting bail, merely on the police statements that they are required for further investigation. They do not examine whether there is any evidence against the accused. Unfortunately, the media too uncritically publicizes the charge and allegations leveled by the police. This has resulted in the destruction of the lives and reputations of a large number of persons so picked up by the police who have later been found to be innocent.

When the police charge sheets the victims, the trials go on almost interminably during which poor victims are virtually defenceless since they are often not even able to get lawyers. In some cases, Bar Associations have been preventing lawyers from appearing on behalf of persons accused by the police of such terror offences. However, though this is gross contempt of Court, the Courts have not taken action against such Bar Associations and lawyers who are coercing other lawyers in this manner.

Even when the victims are acquitted or discharged on being found innocent, they are not compensated for the destruction of their lives and reputations. Even when the case against the victims is found to be totally cooked up, no action is being taken to hold the concerned police officials accountable. This has led to an impunity among the police officials as a result of which they are casually and callously picking up and victimizing innocent persons, particularly Muslims, sometimes to extract money from them.

It was been reported by the victims that those citizens who are picked up by the police officers for interrogation and are subject to repeated harassment and torture, are implicated in false cases even after release or acquittal and are further subjected to mental and physical torture.

Unfortunately, the Courts are going along with this behaviour of the police and are virtually ignoring allegations of torture in police custody. Hardly anyone is being held accountable for the torture and third degree methods that are being routinely practiced in police and even in judicial custody.

Unfortunately, the Human Rights Commissions which should have taken suo moto cognizance of such victimization and violation of human rights of these people have by and large been treating even complaints about this with casual indifference. They either do not take up such cases on the ground that they are the subject matter of court proceedings or just ask for a routine police report without getting any independent investigation done on such serious charges of human right violations.

This victimization and demonisation of Muslims in the guise of investigation of terror offences, is having a very serious psychological impact on the minds of not only the families of the victims but also other members of the community. It is leading to a very strong sense of insecurity and alienation which may lead to frightful consequences for the nation.

Interim Recommendations
1. State Human Rights Commission and National Human Rights Commission and State Minority Commission should take up such matters seriously and should come to independent finding itself and awarding adequate compensation in suitable Cases. It should not wait for somebody to approach the commission but should take action Suo-moto. They should utilize their own agency to find out the truth. The malafide prosecution of innocent persons is also a serious violation of Human Rights which must be vigorously pursued by the Human rights Commissions.
2. The courts must not routinely grant police or judicial custody but must examine at that stage whether there is any credible evidence against the accused. The Courts should keep in mind that no reliance should be placed on the alleged confession of the accused even for consideration of bail/remand.
3. Whenever any person is released by the police for want of evidence against him the Courts should award adequate compensation for the destruction of his life and reputation. In such cases the courts should examine if the prosecution was malafide, and if it is so found, the police officials involved must be held accountable and the compensation payable to the victim must be recovered from the officers concerned.
4. Cr.P.C should be amended to make it obligatory on the Courts to award adequate compensation to the innocent victim who is discharged or acquitted due to lack of evidence or was falsely implicated.
5. There ought to be separate department/wing for investigation who should be given specialized training on modern scientific basis, in line with the recommendations of the National Police Commission, duly endorsed by the Supreme Court. Independent police complaints authorities must be immediately set up at all levels in line with the Supreme Court's judgment in the Police Reforms case.
6. The trial courts are provided with a medical officer who can immediately examine any accused complaining of torture in Police or judicial custody. The courts must immediately, on any complaint being made, order such examination and take stringent action if the allegation is found true. The number of Trial courts must be greatly increased to ensure speedy conclusions of Trials. Investigations must also be concluded within the shortest possible time and extensions of time must not be routinely given. An adequate cadre of competent defence lawyers must be created to defend those accused who cannot afford their own lawyers. An independent statutory office of public prosecutors must be created.
7. The Police during interrogation or investigation cannot get blank papers signed by the accused; Police officers found indulging in such practice must be severely punished. Narco analysis is a psychologically and physically third degree method of investigation which is not even scientifically proven. It must not be allowed on persons particularly without consent.

8. Persons including officials of Bar Associations seeking to prevent lawyers from representing accused persons must be hauled up for Contempt of Court for interfering with the adminstration of Justice.
9. Special sensitization programmes should be organized for the Judiciary and Police regarding Human Rights.
10. The Governments should provide adequate compensation to the relatives of the person who died due to police firing at Mecca Masjid. No discrimination should be made based on religion or caste or place of residence. Employment should also be provided to the dependents of the deceased.
11. The Media, both Print as well Electronic should be very careful not to publicize mere allegations or claims of the police which can irreparably damage reputations of innocent persons without subjecting them to basic scrutiny.
12. In cases where all the bread earners of a family have been arrested by the police, the families of the victims, especially minor children and desolate women are rendered penniless and helpless and are driven to starvation. In such cases, until and unless the accused are convicted by courts, the State must provide regular financial help to the extent that the education of children is not disrupted and the family is not starved.
13. India must immediately sign the International Criminal Court Treaty known as the Rome Statute which has been signed by most countries.


The tribunal's report will be submitted to the Prime Minister, the Union home ministry and International human rights organisations within a month.
The Tribunal was organised by ‘Act Now for Harmony and Democracy’ (ANHAD) and ‘Human Rights Law Network’ (HRLN) in association with several Civil and Human Rights group like PUCL, APCLC, CLMC along with Siyasat Urdu Daily. More than hundred Civil rights activists, academicians, judicial luminaries and media persons participated in the tribunal apart from victims and their family members.
(Mahtab Alam is associated with Association for Protection of Civil Rights (APCR) and can be reached at mdmahtabalam@gmail.com)

Maya spends Rs 254.5 cr on Kanshi Ram Memorial

Kajari Bhattacharya,

So much for plugging wastages. Ms Mayawati's newgovernment has decided to tear down the Ambedkar Maidan here and builda Kanshi Ram Memorial in its place at a cost of Rs 254.5 crore,reveals a Right to Information application.In reply to the application filed by state Youth Congress spokespersonMr Abhishek Singh, the Lucknow Development Authority today placedbefore the State Information Commission the details of yet another ofMs Mayawati's costly whims.Rs 135 crore has been sanctioned for the main building of thememorial. Rs 56.3 crore is for a new boundary wall and other permanentstructures. Roads and drains within the memorial will cost Rs 16crore. The architect's fee alone is Rs 3.75 crore. Rs 13.80 lakh hasalready been spent just to tear down the Ambedkar Maidan boundarywall.The Maidan, located on Jail Road, Alambagh, itself had been built bythe Mayawati government in 2003 at a cost of Rs 6.54 crore from thestate infrastructure fund.On 1 August last year, the new Mayawati government decided to "followthe wishes of Dalit leader Kanshi Ram" and thus build memorial statuesof the Bahajan Samaj Party founder and his protégée, Ms Mayawati, allover Lucknow city. One of the many projects was to demolish theAmbedkar Maidan and build the Kanshi Ram Memorial in its place. Thestate housing department was given the charge of developing thisproject.Just a couple of days back, the Uttar Pradesh Assembly passed theFirst Supplementary Budget for the fiscal 2008-09, in which a demandfor an additional Rs 253 crore for the Ambedkar Parivartan Sthal ~which itself had been setup at a cost of more than 1753 crore ~ wastabled by finance minister Mr Lalji Verma. The Assembly also passed ademand for Rs 12 crore for landscaping 13A Mall Avenue, which servesas the residence of Ms Mayawati when she is not chief minister.State information commissioner Mr Gyanendra Sharma has rebuked thestate housing department for its delay in providing information askedfor by the Commission. The housing department has been show-caused forthis delay.

बाढ़ की त्रासदी. यह कहानी पुरानी है

अब्दुल वाहिद आजाद

सा़वन के महीनें में बहुतों को खुली धूप में आकाश में बदरी के उठने, फूर्ती के साथ छा जाने और फिर छमाछम बूंदे गिरने का नज़ारा बड़ा दिलक्श लगता हो लेकिन देश में एक बड़ी आबादी के लिए यह महीना अभिशाप की तरह है.जब सावन की बौछार बाढ़ का रूप धारण करती है तो विशेष कर उत्तर भारत की बड़ी आबादी को घर उजड़ने से लेकर विस्थापन की एक लम्बी त्रास्दी का सामना करना पड़ता है.इस समय इसी त्रासदी से कोसी नदी के नए और पुराने धाराओं के आस पास बसे लोगो का सामना हो रहा है. बिहार के तीन ज़िले अररिया, सुपौल और सहरसा के 20 लाख से ज़्यादा लोग बाढ़ से बुरी तरह प्रभावित हैं.कोसी नदी के उग्र होने से गॉव के गॉव बह गऐ हैं. साप और बिच्छू घर बाहर फैले हुए हैं. जीवन सावन की ठिठोली में भी नरक हना हुआ है. सच है कि तातकालिक त्रास्दी का कारण कोसी नदी का धारा परिवर्तन है लेकिन इस तरह की त्रासदी से उत्तर भारत कि बङी आबादी को हर बरस रुबरु होना पड़ता है. पिछले वर्ष भी उन्हे इसी तरह की त्रासदी से जूझना पड़ता था और सेंकड़ो लोगो को जान गवानी पड़ी थी.लेकिन प्रश्न यह उठता है कि क्या कारण हैं कि भारत में लोगे को प्रत्यक वर्ष ऐसी जानलेवा बाढ़ से जूझना पङता है. जबकि देश के एक बङे भाग में पानी की कमी के कारण सूखा पङना भी आम बात है.जानकार बताते हैं कि गंदी राजनीति और राष्टीय नीति के अभाव के कारण परियोजनाओं के सवरुप तय करने और उसके क्रियानवयन में दिक्कते आती हैं और इस तरह जनता की परेशानी का निदान नही हो पाता है.धीमी धीमी पुरवैया जब चलती हैं काले काले बादलों से आकाश घिरने लगता है. फिर बूंदे शैने शैने रिमझिम रिमझिम धारासार का रुप ले लेती हैं आप का हमारा दिल अमराइयो के झुरमुठ पर झुले बांधने को कहता है लेकिन उस पार त्रासदी की एक आपार गाथा है. और शायद यही सच्चाई भी है.