CHAPTER 11
Issues On Which The Commission Invites Suggestions From
The Public For Formulation Of Its Recommendations
11.1 Governance
11.1.1 Securing Good Governance
The
first and foremost task appears to be
for a radical redefinition of governance, to change the mind-set of
bureaucracy, to surmount the colonial hang-over of the persistent notion of the
‘Rulers’ and the ‘Ruled’, Governors and the Governed, Government and the people
– the “us” and “they” divide. The interaction between the Administrator and the
citizenry needs to be informed by the awareness of and respect for the
constitutional rights of the people and that the inter-action is essentially as
between a free and self-governing people on the one hand and the agents chosen
by them to serve them on the other.
Massive and sustained participation of civil society initiatives, self-help groups, voluntary
organizations etc, appears necessary in order to achieve a faster pace of
socio-economic development and for building a more just, caring and equitable
society the Constitution enshrined. The
movement must be from Governance to self-governance. Respect for human dignity, human rights, and the rights of the citizenry,
are critical to development and are not merely its rewards. This requires a radical reshaping of
policies so as to create an enabling and facilitating environment in which
effective interaction between the Government and the institutions of civil
society becomes possible (also see Sections 8.1 & 10.5).
1.
Do you agree with this view ? ;
2.
If so, will Governance improve if it is
made participatory in all important national endeavours particularly in areas
relating to socio-economic development and effectuation and realization of the
socio-economic goals of the Constitution?; and
3.
If so, by what mechanism and process
self-governance/participatory governance can effectively be achieved ?
11.1.2 Transparency and openness in Governance
:
Openness is in the public interest and that ‘sunlight is the
best disinfectant’ against the virus of corruption. As a general rule, secrecy in governance is an unreasonable
practice. It promotes corruption and
suppresses accountability. Governance,
therefore needs to be transparent and open especially in policy-making,
programme-formulation and implementation in areas pertaining to socio-economic
empowerment and advancement of the weaker sections of the society. (see Section
10.5.3)
4.
Do you agree with this view?; and
5.
If so, in what manner Governance can be made more open and
transparent especially in areas that relate to socio-economic development of
the people in general, and of weaker sections of the society, in particular?
11.1.3
Sensitization of Public Servants
Public Servants need to be made sensitive to the special
needs of the Women, the Scheduled Castes, the Scheduled Tribes and the Other
Weaker sections of the Society in order to ensure full enjoyment of
Constitutional rights and protection by these sections of the society. A perception unfortunately exists that
members of the public services, in general, are averse to working in the fields
pertaining to the Scheduled Castes, the Scheduled Tribes, other backward
classes, women etc. It is also said
that instead of being guided by the Constitutional objectives and aspirations,
many of them are guided by their own biases and prejudices in dealing with
issues pertaining to aforesaid classes of people which results in denial of
rights to them. Such attitudes amongst
members of public services require to be changed.
6.
Do you think that public servants, in general, are not sufficiently
sensitive and responsive to the special needs of the Women, the Scheduled
Castes, the Scheduled Tribes, the Backward Classes and other Weaker sections of
the society ?
7.
If so, how in your view, public servants can be made more sensitive and
responsive to the special needs of the Women, the Scheduled Castes, the
Scheduled Tribes and the Other Sections of the Society?
Article 350 of the
Constitution recognizes the rights of every person to submit a representation
for the redress of his grievances. The
said Article even permits such representation being made in any of the languages
used in the Union or in the State.
Common citizen today finds it very difficult even to know what services
he is entitled to receive from government organizations and what
public-grievances-redressal-mechanisms are available to him in case of denial
of services. Citizens’ Charter in
respect of every service-provider agency of the State is suggested to ensure
effective, purposeful and user friendly delivery of public services. These citizens’ charters would list the
entitlement of the citizenry to public-goods and services along with time
schedule within which he is entitled to expect services from such government
organizations and from each functionary at various levels. In order to ensure that Citizen’s Charters
become an effective instrument for improved and user-friendly delivery of
public services, it is further suggested that in case any person fails to
receive the public goods and the services in the manner and to the extent set
out in such charters, such persons should have recourse to an easy and
effective system of grievance redressal? (see Section 10.5.4).
8.
Do you think Citizen’s Charter would help in improving
public services and make them more responsive and user friendly? If so,
a)
What should be the broad contents of the charters?
b)
How Citizen’s Charters should be institutionalized and
operationalised ?
c)
Should the Consumer Disputes Redressel Forums established
under the Consumer Protection Act, 1986 be authorized to enforce observance of
these charters and award suitable monetary compensations in appropriate
cases? In cases, where monetary compensations are awarded, should
it be mandatory for concerned Departments to fix responsibilities on
individuals responsible for lapse and take action against them?; or
d)
Institutions of a national ombudsman supported by the
regional ombudsman should oversee the citizen’s charters regime and administer
charter marks ?; and if so,
e)
Whether the institution of ombudsman be statutory or
non-statutory?
11.1.5 Public-Funding of Institutions of Civil
Society
Massive
financial grants are being made to institutions of civil society e.g. NGOs,
Voluntary organizations, self-help groups etc. under various schemes of the
several Ministries and the CAPART for the promotion of voluntary organisations.
It is said that the conditions attending the making available the grants and
methods of the procedures therefor are, quite often, subjective and the
performance-appraisal of these organizations are not professional. It is also said that the genuine
organisations working for the weaker and disadvantaged sections of the society
suffer from various handicaps put in their way both openly or surreptitiously
by the vested interests. It is urged
that there is an urgent need to streamline distribution and administration of grants
and for providing for an independent and objective performance-appraisal of the
organisations to secure value and proper use of public money.
9.
Do you agree with this view? If so, should a framework for distribution
and administration of grants to civil society institutions from public funds be
laid? If so,
(a) Should
Expert Group/ Groups evaluate and report on legitimacy and entitlement of the
claims for grants?
(b) Should
the performance of the grantees and of the fund-utilization be certified by
independent evaluating agencies?
(c) Should
release and renewal of grants be based on evaluation of the performance by such
independent experts?
(d)
If
so, what should be the form and composition of Advisory Groups and Evaluation
Agencies?
(e)
What
standards for identification of genuine civil society institutions working for
the welfare of weaker sections of the society can you suggest? How protection can be given to such
organizations ?
11.2 Elimination
of Hunger
Public Distribution System is essentially the food subsidy programme
explicitly targeted towards poor and is aimed at reducing hunger. Central Government incurs an annual
expenditure of about Rs.12,125 crores on food subsidies. There are, it is claimed, four and a half
lakh Fair Price Shops in India serving 180 million Ration Card holders/
families. The Public Distribution
System is an important component of Anti-Poverty Programme. The country, unfortunately, witnesses the
paradoxical situation of surplus unlifted stock of food grains in the godowns
of the Food Corporation of India co-existing with hunger for lack of purchasing
power. Even after fine-tuning of the
Targeted Public Distribution System, the performance of the fair price shops in
some of the States as revealed by some studies, is dismal. In some States the percentage of fair price
shops not opening even once a week is estimated to be 87%. The transfer of income intended by Public
Distribution System has, by and large, benefited the urban sectors and the
Above Poverty Line sections of the society more than the poor. Investigations also indicate that about
one-third of the supplies in the Public Distribution System are diverted. The delivery system, according to widely
held public perception, seems to be the substantial beneficiary.
Introduction of cash subsidy or the scheme of Food Coupons (see Section
10.2.1.1) as an experimental measure in
areas where public distribution system is not functioning well and is showing
persistent defiance of ethical norms and, if found successful, its extension to
other areas or improving the existing public distribution system itself are
amongst the options to improve the situation.
It has also been suggested that a certain percentage of the shops should
be allotted to the members of the Scheduled Castes, the Scheduled Tribes and
Other Backward Classes. Some State
Governments already allot a particular percentage of Fair Price Shops to the
Scheduled Castes and the Scheduled Tribes.
Constitutionality of such allotment has already been upheld by the Court
(Also see Section 10.2).
10. Which of the three options viz. cash
subsidy, food coupons or improving the existing public distribution system as
suggested in this paper is in your view the best option and why? Or can you suggest any other better option?
q What can in your view be the possible
problems in the scheme of cash subsidy or food coupons and how those problems
can be remedied?
q Can you suggest improvements in the
scheme of food coupons as outlined in this paper?
q What practical suggestions can you
offer to make the Fair Price Shops function effectively and honestly serving
the purpose of reaching foodgrains to the beneficiaries at the prescribed
prices?
11.
Should reservation be
provided in matters of allotment of Fair Price Shops and other similar
allotments to the Scheduled Castes, the Scheduled Tribes/the Other Backward
Classes?
11.3 Education
11.3.1 Universal and Free Elementary Education :
Article 45 of the
Constitution, the convention of the Rights of the child and international
covenants on social, economic cultural rights enjoins the State to provide
education to all children. The Supreme
Court has declared elementary education upto the completion of the age of 14
years a fundamental right.
As India enters the 21st
Century, nearly 35% of its population is still illiterate. If a country believes that it can be
ignorant and at the same time free, it entertains an illusion. For those who speak of financial
constraints in providing universal elementary education, the answer lies in those
wise words uttered often “If you find education expensive, try ignorance. It is far more expensive”. A constitutional and facilitating legal
frame work to enforce the right of every child to free and compulsory education
up to the completion of the age of 14 years is an immediate and absolutely essential national necessity (see
Section 10.3.3).
12.
Do you agree that the State should provide free and
compulsory education to all children upto the age of 14 years ?; and
13.
If so, what should be the appropriate Constitutional and
legal framework for the purpose ?
q
Will it be appropriate to fund elementary education from
revenue collected from realisation of a fee from professionals educated and
trained in India but taking jobs abroad?
11.3.2 Civil Society Participation In
Universal Elementary Education
Utilization of the
potential of civil society through active participation and involvement of
voluntary organizations, self-help groups etc. under an appropriate policy
framework and scheme of grant-in-aid in provision and management of the education policy appears necessary having
regard to the magnitude of the task and its significance for the future of the
country in order to ensure that the
task is shared by the nation as a whole in a truly participatory spirit and
endeavour.
Participation by the
stake holders and other institutions of civil society, if secured in a
beneficial manner, can improve quality and availability of education. It is often complained that in single
teacher or double teacher schools in villages, the teacher officially engaged
does not teach the students himself but hires or deputes his agents to
teach. This, it is said, results in
higher drop-out rate. A Watch Committee
under a suitable frame-work, consisting of local people specially those having
a stake in quality education can easily monitor the attendance of
teachers. On the other hand, leaving
this task to be remote controlled by officialdom hardly yields the desired
results.
14.
Whether involvement and participation of Institutions of
civil society including those of deprived and disadvantaged people in provision
and management of elementary education would be beneficial?
q
If so, in what manner effective and beneficial civil society
participation and involvement can be secured and what frame work – statutory or
non-statutory – is needed for the purpose?
11.3.3 Sustaining High Quality of
Education
The quality of
education in the schools is as important as its provision. Universal free elementary education would
achieve little if its quality is poor.
It would only widen the chasm between the better-educated urban-rich and
poorly educated rural-poor. The question of quality assurance in elementary
education, which is the foundation for the empowerment of masses, is too
serious a matter to be left alone to the educational administrators. Civil society initiatives/ Neighbourhood
Committees/ Voluntary organization/ Self-help Group need to be involved to
share this responsibility as a call of national duty. (See Section 10.3.2)
15.
Should stake holders – viz. Parents, voluntary organisations
engaged in the promotion of education particularly of Scheduled Castes,
Scheduled Tribes and other Weaker Sections of society, locally settled retired
or serving administrators, educationists, legal and medical professionals,
philanthropists, etc. be involved (not acting, of course, in a manner seen to
be intrusive in the administration or constituting a parallel administration)
in the evaluation of quality in elementary education programme ?
a) What should be
the composition of teams to assess quality of education in the schools and to
make an independent and neutral
assessment of the educational standards?
b) What should be
the area or the number of schools each team should look into?
c)
What should be the specific tasks?
16. How
can accountability of schools for student performance be laid and enforced?
q
How should performance of schools in
providing quality education be assessed
and rated ?
q
What should be the rewards for
performance and sanctions for non-performance?
17. What
frame work – statutory or non-statutory – is needed to improve the quality of
education ?
11.3.4 Protection of Educational
Interests of Weaker Sections:
Article 46 of
the Constitution provides that the ‘State shall promote with special care the
educational and economic interests of weaker sections of the people and, in
particular, of the Scheduled Castes and Scheduled Tribes and shall protect them
from social injustice and all forms of exploitation’. A.P. High Court in D. Murali Krishna Public School Vs. Regional
Jt. Director of School Education (AIR 1986 AP 204) has declared that education
is a fundamental right of the Scheduled Castes and Scheduled Tribes. The State, therefore, has a mandatory duty
to provide facilities and opportunities for education at all levels to the
weaker sections of the society particularly to the Scheduled Castes and
Scheduled Tribes.
18.
What statutory/ policy framework is necessary to ensure that the Scheduled Castes and
Scheduled Tribes and other weaker
sections of the people have opportunity to get educated at all levels of
education and they avail of admissions in all the educational institutions
maintained by the State or receiving aid from it as per percentages of
reservation provided to them by the Union of India or the State
Governments?
11.4 Health
In India, maternal mortality is 407 per one lakh live births
(1998). The percentage of anaemia among married women is 52%. By international comparison these are unacceptable
levels of women’s health.
The average sex ratio in India is 933 females per 1000 males
though women outnumber men in some
States like Kerala (See section 5.1.2). Women out-number men by 1005:1000 in countries where they do not
suffer from discrimination and neglect.
These indicators suggest poor and neglected state of health of women in
the country as well as indication to the prevalence of the dreaded female
foeticide leading to the phenomenon of ‘missing-women’ (Also see sections
5.1.2. and 5.1.4).
19. What
special measures should be taken for the improvement of the state of health of
women?
20. Are
the existing safe-guards against the misuse of sex-determination tests as a
prelude or preparatory to termination of pregnancy effective? If not, what further steps do you suggest?
Infant mortality in India is 72 per thousand child
births. Regional and inter-sectoral
disparities and imbalances are appalling.
For instance, while in Kishanganj district of Bihar infant mortality is
146, it is only 12 in Kerala. The
record of Kerala in this regard is so impressive that it is said that a child
born in Kerala today can expect to live longer than a child born in Washington
D.C. In India 53% of all children below
the age of 5 years suffer from mal-nutrition.
A combination of maternal-anaemia and low birth-weight related to
neurological problems impede mental ability of such children. Immediate
remedial steps are necessary to improve situation in respect of Infant
Mortality, Child anaemia and Child mal-nutrition (See sections 5.1.3, 5.2.1,
5.2.2 and 5.2.3).
21.
What steps should be taken to ameliorate the conditions of
infant mortality, child anaemia and child mal-nutrition?
22.
What steps are necessary to ameliorate conditions of maternal
anaemia and low birth related health problems of children?
11.4.3 Civil
Society Participation
Serious problems of
public health care including prevention of infections like Malaria,
Tuberculosis, Hepatitis, HIV/AIDS, etc. cannot be tackled without active
participation of civil society. Public
hospitals under the management of the respective State Government or Union of
India have serious logistic, administrative and other problems seriously
impairing their utility. There is
enormous public dissatisfaction about the honesty and integrity of those
engaged in the health-delivery system. Participatory management of the civil
society such as Rogi Kalyan Samitis of Madhya Pradesh (see Box in Section
8.1.2) is said to have resulted in improvement of public hospitals and their
functioning. Participation and involvement of the civil society appears
essential for management of health care so as to secure more responsive and
efficient health services (also see Section 10.4.3).
23.
In what manner, effective participation of civil society can
be secured for effective management of the health care?;
24.
What mechanism - statutory or non-statutory - needs to be
evolved to ensure meaningful participation of civil society in health care?
11.5 Effective use of Science & Technology for
Socio-Economic Development
The significance and
importance of higher scientific and technological research in accelerating the
pace of socio-economic development hardly needs to be emphasized. A high powered “National Science and Technology
Commission” as an umbrella organisation for policy making, planning, promoting
and funding of higher scientific and technological research endeavours is
necessary for progress and to ensure better coordination and to cut down
bureaucratic bottlenecks in the attainment of
higher standards in Science and Technology. (see Section 10.6).
25.
Do you agree that a National Science & Technology
Commission needs to be set up? If so,
q
Will including a provision for establishment of a National
Commission for Science & Technology in Part IV of the Constitution help?
q
What should be the precise composition of the Commission and
its duties and responsibilities ?
q
Should the Prime Minister himself head the Commission with
the Minister for Science and Technology as the Ex-officio Deputy Chairman?
q
Do you agree that the Commission, in particular, should be
responsible for:
i.
Framing of science and technology policy for the country and
for undertaking its periodic review;
ii.
Evolving appropriate structures, systems and procedures and
standards for Scientific Departments/ Organisations and undertaking their
periodical review; and
iii.
Allocating funds to various Scientific and Technological
Departments/organisations.
26.
Should it be made
mandatory that each Department of the Government (other than scientific
departments) allots 5% of their total budget exclusively for funding of higher
scientific and technological research?
OR
Should a
fixed percentage of GNP be spent on higher scientific and technological
research in the country? If so, what
should be this percentage?
27. What suggestions do you
have to bring about actual equality of opportunity in the field of higher
scientific and technology research for Women, the Scheduled Castes, the
Scheduled Tribes, Backward Classes and poorer sections of the society?
11.6 Welfare of Scheduled Castes, Scheduled
Tribes and Other Backward Classes**
11.6.1 Establishment
of Residential Talent Schools:
In India, the
prospects of talented children achieving their potential depend on the accident
of their birth and in particular the social and economic background of the
family of birth. Those born in affluent
families have opportunities of education and training in elite schools while
the talents of those in poorer circumstances merely waste and wither away owing
to lack of opportunity. This is the lot
of brilliant children with talent and promise, in poor families and it has its
chilling effects on the requisite opportunity.
It is necessary, therefore, to identify and groom talent amongst the
boys and girls of the Scheduled Castes, Scheduled Tribes and Other Backward
Classes and train them in special talent schools to enable them to compete with
the rest of the society in an equal manner.
28.
Do you agree that talent schools need to be established for
the Scheduled Castes, the Scheduled Tribes
and Backward Classes?; and
a) If so, should
the children, both boys and girls, of the Scheduled Castes, Scheduled Tribes
and other Backward Classes for Talent Schools be selected on the basis of their
high potential talent ratings?
b) Should these
schools be residential, devoted to grooming the children for high competitive
educational excellence to serve the country as Administrators, Scientists and
in high professions without losing the common touch and retaining the sensitive
awareness of the plight of the poor in the country?
c) Should their
schooling in Talent Schools be till the completion of the age of 14 years, and
they be trained for future competitive performance and leadership?
d) What mission or
Vision Statement this project should have?
q
Can it be called “Preparing future professionals and
administrators of the highest calibre”?
e) What other
features should such a Scheme incorporate?
f)
Should initially, as the first stage, such Talent Schools be
established in each or a group of Districts among the 100 Districts (which
together have a Scheduled Caste population of over 50% and in the 40 Districts
which together have over 50% Scheduled Tribe population)? (A list of these
districts are at Appendices-V and X
respectively).
OR
Should each State initially establish
Talent Schools in such number of districts selected in decreasing order of the
population of the Scheduled Castes and Scheduled Tribes as to separately cover
50% of population of these categories in that State?
g) How can the
maximum contribution and cooperation of the civil society and its institutions
such as self-help groups, educational societies with high reputation and
experience, voluntary organisation etc. be secured in this effort?
h) How should
these Schemes be funded and managed?
11.6.2 Prohibition
Of Occupations That Are Degrading And Offend Human Dignity: Employment Of
Manual Scavengers And Construction Of Dry Latrines (Prohibition) Act, 1993
An unfortunate
blemish of India’s urban sanitization system has been scavenging by members of
certain communities of the Scheduled Castes under inhuman conditions. The Employment of Manual Scavengers and
Construction of Dry Latrines (Prohibition) Act, 1993 was enacted to put to an
end to this practice. The Act is said
to relate to entry 6 i.e. “Public health and sanitation; hospital and
dispensaries” in List II of the Seventh Schedule of the Constitution and the
law, therefore, is applicable to the States (other than those at whose instance
the Central law was made) only after such
States adopt the law. Many
States have not yet adopted the law.
There appears
to be a fundamental lacuna in its
approach as to the source of legislative competence, which the statute relies
on and invokes. The topic of the legislation, in its pith and substance, falls
within Entry 24, List III of the Constitution, respecting which the Union
Parliament has concurrent competence to legislate. The encroachment on the topic of entry 6 of List II is merely
incidental. Both the Preamble and the provision as to the extent of
applicability of the statute need to be
amended so as to bring them in accord with the position that the
legislation, in pith and substance, falls within concurrent powers of
legislation. This would make the law
applicable to the entire country without the need for the States to adopt
it.
In
implementation of the abolition and eradication of Safai Karmachari (manual
scavenger) system in the country, even the State Governments, which adopted the
Act, have not taken adequate steps to ensure total abolition of employment of
Safai Karmacharis.
29.
Do you agree that the said Act needs to be amended as
mentioned above.
30.
Does the said Act need further amendment to completely
prohibit employing whether directly or indirectly any person as Safai
Karamachari in Scavenging?
31.
What further measures need be taken to liberate Safai
Karmacharis from the degrading occupation of ‘Safai’ (scavenging) without loss
of employment and income and ensuring education and training for their children
so that they may take alternate employments?
11.6.3 Effectuation of Right to Livelihood
Right to
Livelihood has been declared by the Supreme Court as part of right to life under Article 21 of the
Constitution. Article 39(a) requires that the State shall direct its policy
towards securing that its citizens, men and women equally, have “the right to an adequate means of
livelihood”. Article 46 requires that the State shall promote with
special care the educational and economic interests of the weaker sections of
the people and, in particular, of the Scheduled Castes and the Scheduled Tribes
and protect them from social injustice and all forms of exploitation.
32.
What legal framework is necessary to ensure the
effectualisation of combined mandate of constitutional assurances under
Articles 21, 39(a) and 46 in respect of Scheduled Castes and Scheduled Tribes ?
11.6.4 Monitoring
of Nutritional Status of Weaker Sections
In any human
group (in any social and economic sample), there will be people of high
intellectual potential. But none of
them realizes his/her potential unless afforded an opportunity to do so. Their latent talent is quite often submerged
under the burden of social neglect and denial of opportunity. Many of the poor, particularly from the
Scheduled Castes and Scheduled Tribes and Other Backward Classes, suffer from
mal-nutrition. Maternal anaemia coupled
with low birth weight related neurological deficiencies resulting from poverty
and malnutrition, exact a great human price.
Opportunities in life are denied to them.
The district
administration should undertake the monitoring, either by itself or through
voluntary organisations, of the nutritional status of at least 200 Scheduled
Caste/Scheduled Tribe families in the District in the format at Appendix XVIII.
The statistics so obtained should be professionally evaluated by experts (such
as NCAER) as sources for policy options and midcourse-corrections of the
anti-poverty and health programmes.
33.
Do you think such monitoring would help in formulation of
appropriate policies for improved nutritional status of weaker sections?
34.
Is format at Appendix XVIII adequate?, if not, what
additional information/changes are needed in it ?
11.6.5 Human
Dignity - Elimination of Untouchability and Prevention of Atrocities
Article 17 of
the Constitution abolished untouchability but its practice and resultant
disabilities remain unabated even after
more than 50 years of working of the Constitution. Suppression of human spirit inherent in untouchability has now taken diverse subtle forms for its perpetration (e.g., touching the
feet of people of upper castes, etc.).
Atrocities are also rampant against the Scheduled Castes, the Scheduled
Tribes and other weaker sections. (see 9.2.2)
35.
Do you agree with this view ? If so,
a) What remedial
steps are needed to prevent atrocities on the Scheduled Castes and Scheduled
Tribes and eradicate untouchability completely?
q
Whether Human Rights Education would help in eradicating
this evil and if so what methods and means are necessary to successfully carry
out this campaign against it?
b) What measures
should be taken to build up a powerful democratic mass movement to eradicate
the practice of untouchability and untouchability-based discriminations and
disabilities at the village and mohalla level?
c) Do
you feel that the police force and administration are taking effective steps
for curbing untouchability and
atrocities in accordance with the
Protection of Civil Rights Act, 1955 (PCR Act) and the Scheduled Castes,
the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (POA Act) and if not,
what is the remedy?
q
Whether providing of a separate cell in every police station
for investigation and prosecution of offences under the aforesaid Acts shall be
an effective remedy? Should, this be
done, at the least, in areas with significant population of SCs and STs?
q
Since the occurrence of untouchability and the sites of the
occurrence like hotels, wells, temples, etc. are known, and untouchability is
practiced openly, should on detection of any such crime where appropriate
action by local police officers was not taken, be treated as an abetment by
concerned police officers and, be made punishable as such?
d)
What measures can be taken to strengthen the PCR Act and the
POA Act and make them more effective?
q
The operation of the P.O.A., it is widely alleged, is often
defeated by the practice of filing false criminal cases against Scheduled Caste
and Scheduled Tribe victims of atrocities who lodge complaints with the police
under the said Act. What measures can
be taken to prevent this practice?
q
Do you think that practices like social boycott, economic
boycott, social blackmail and economic blackmail should be specifically listed
as crimes of atrocities under Section 3(2) of the P.O.A. Act?
q
What deterrent steps and punishment would you approve for
multiple murders, mass rapes, gang rapes perpetuated on SCs and STs?
q
Should the P.O.A. Act be amended to bring within its purview
cases where most, though not all, the perpetrators of the crime are non-SCs or
non-STs or where the crime is promoted or engineered by non-SCs/non-STs?
q
Should Section 10 of the P.O.A. Act be amended by adding the
words “or in any other area of any district” in sub-section 1 of Section 10 after
the following existing words “…in any area included in Scheduled Areas or
Tribal Areas as referred to in Article 244 of the Constitution”, in order to
make the protection of this Section available to SCs also?
q
Do you feel that the establishment of exclusive
special courts in every district
supported by exclusive special public prosecution machinery and special investigating agency to ensure
speedy trial and punishment of those convicted shall help in deterring
atrocities?
q
Do you feel that the establishment of special mobile courts
in every district to go to the spots where untouchability is notoriously
prevalent and to deal out punishment on the spot, help?
11.6.6 Adequacy
of representation in Public Services
Adequate
representation of the Scheduled Castes and the Scheduled Tribes at all levels
in public services is the mandate of Article 335. There is a widespread
dissatisfaction amongst the Scheduled Castes and the Scheduled Tribes over the
changes brought since 1996 in Government orders providing reservation in public
services in purported implementation of the directives of the courts and a
feeling persists amongst them that amendments are detrimental to the
Constitutional objective of achieving adequate representation for them in
services. Adequacy of representation
has not been achieved in Government services even after 50 years at any level
for the Scheduled Tribes and save at lower levels of Group C and D posts for
the Scheduled Castes (See Table 9.2 in Chapter 9). In order that the serious apprehensions of the Scheduled Castes
and the Scheduled Tribes of denudation of the constitutional rights to
reservation in educational institutions and civil posts under the State are
allayed, it has been suggested that the position of reservation as it existed
prior to 1996 be restored.
36.
Do you agree that the position of reservation in public services for
Scheduled Castes /Scheduled Tribes as it existed prior to 1996 needs to be
restored ?
37.
What further measures in your view are necessary to ensure adequate
representation of the Scheduled Castes and the Scheduled Tribes in the higher
levels of public service ?
38. Do you feel
that reservation should be brought under the purview of a statute to be named
as Scheduled Castes and Scheduled Tribes (Reservation of Appointments or Posts
and of Seats in Educational Institutions) which will provide for all aspects of
reservation including the setting up of Arakshan Nyay Adalats or Tribunals for
providing Justice in Reservation with its main bench at Delhi and other benches
in every place where the Central Administrative Tribunal has got benches with
the status of High Court and with appeals lying to the Supreme Court?
39. How can it be
ensured that reservation for Backward classes is fully implemented every year
and there is no shortfall in filling the vacancies reserved for them?
40. Do you feel
that it will help to bring reservation for BCs under the purview of
statute to be named as the Backward Classes (Reservation in
Appointments to Posts and of Seats in
education institutions) Act which will provide for all aspects of reservation
pertaining to backward classes including the establishment of Arakshan Nyay
Adalat or Tribunals for Justice in Reservation?
41. The ongoing
process of privatization of Public Sector Undertakings and other such bodies is
likely to adversely affect the existing reservation for the Scheduled Castes,
the Scheduled Tribes and Backward Classes in those bodies. What measures can be taken to ensure
adequate representation of these categories in such bodies even after their
privatization?
q
Do you feel that every Memorandum of Understanding or privatisation
should mandatorily stipulate the continuance of policy of reservation in favour
of SC, ST and BC in the form as it exists in the Government with amendments
made from time to time?
q
Should this provision also be incorporated in the Reservation Act
mentioned above?
11.6.7
Representation in Higher Judiciary
In higher judiciary, the
representation of judges from Scheduled Castes, Scheduled Tribes and other
backward classes is inadequate. Out of
610 judges in the High Courts, there are hardly about 20 judges belonging to
the Scheduled Castes and the Scheduled Tribes. In S.P. Gupta’s1 case and Supreme Court Advocates on
Record2 case, popularly known as the First
Judges’ Case and Second Judges’ Case respectively, the Supreme Court upheld the
constitutionality of the circular letter addressed by the Union Law Minister
requesting the State Governments and the High Courts to recommend the names of
competent candidates belonging to the Scheduled Castes, the Scheduled Tribes,
women and Other Backward Classes.
42.
What steps are necessary to ensure the appropriate
representation of the Scheduled Castes, the Scheduled Tribes and other backward
classes in the higher judiciary.
11.6.8 Allocation
and Management of funds – Revitalization of Special Component Plan for the
Scheduled Castes and Tribal Sub-plans
The Schemes for
socio-economic empowerment of Scheduled Castes, Scheduled Tribes and other
Weaker Sections of the Society mandated by Article 46 and other provisions of
the Constitution are presently being implemented by different Departments of
the Government. For comprehensive development and empowerment of Scheduled
Castes and Scheduled Tribes, it has been a policy for last twenty five years or
so that a proportion of total plan outlay equivalent to the population
proportion of the Scheduled Castes and Scheduled Tribes respectively are
constituted as a special component plan for Scheduled Castes (SCP) and Tribal
Sub-Plans for Scheduled Tribes (TSP) so
that adequate financial outlay for their development are made available. There is, however, no specific
constitutional or statutory provision for separate allocation of funds for
socio-economic empowerment of the Scheduled Castes, Scheduled Tribes and other
Weaker Sections of the Society. This
laudable policy, however, has only partially succeeded in achieving its
objectives as in practice full budgetary allocations as required to be made
under the policy are hardly made. The
share of budgetary allocations for the welfare of the Scheduled Castes and
Scheduled Tribes has declined in recent years. Due to lack of coordination
amongst various Departments, even budgetary allocations lapse for want of
finalization of schemes. Centralisation
of schemes under one Body/ Department has been suggested as a remedy. It has also been suggested that funds
allocated for the welfare of the Scheduled Castes and the Scheduled Tribes be
transferred to this Body. This Body/
Department is to be made responsible for formulation, implementation and
accountability of the benefits to the targeted Groups (see Section 9.2.5).
43.
How can it be ensured that appropriate budgetary allocations
for socio-economic empowerment of the Weaker Sections of the Society are made
every year and how appropriate budgetary allocations for the purpose should be
determined?
44.
What mechanism – constitutional, statutory or non-statutory
– needs to be evolved to ensure that funds allocated for the welfare of Scheduled
Castes and Tribes are used exclusively for their welfare?
45.
What mechanism needs to be devised in the emerging new
economic scenario to ensure easy availability of loans/advances to Scheduled
Castes and Scheduled Tribes from banks and other financial institutions?
46.
Whether a percentage equal to the percentage of the
Scheduled Castes/Scheduled Tribes of MP/MLA Development Funds should be used
exclusively on schemes for development of Scheduled Castes/ Scheduled Tribes ?
47.
Whether a prescribed percentage of amount released to the
Village Panchayats/ bodies of Local Self Government should be allotted and be
exclusively used for individual works of the Scheduled Castes /Scheduled Tribes
so as to build up individual assets of the Scheduled Castes and Scheduled
Tribes?
48.
Do you feel it will help to have a National SC and ST Development
Authority (constituted with appropriate experts and members) both at the Union
and State levels for formulating and approving national Plans and State Plans,
Annual, Five Year Plans and Perspective Plans – based on the priorities of the
developmental needs of SCs and STs and to supervise monitor and direct the
implementation of the developmental plans of SCP and TSP of the Central and
State Plans for achieving the objectives of various Plan schemes
q
Do you also endorse the view that proportionate funds as plan outlays
of Centre, States and UTs corresponding to the population of SCs, STs as corpus
of the SCP and TSP be placed at the disposal of this Body for making
sector-wise, scheme-wise allocation?
q
Do you think it will help to have District and SC and ST Development
Authorities in each district involving officials, public representatives,
Panchayat Raj and other local bodies representatives, NGOs, etc. for
implementation, monitoring and reporting?
q Do you think, it will
help to give these Authorities a constitutional status by making a suitable
provision in the Constitution?
11.6.9 Social
Responsibilities of the Private Sector
In the changed economic
scenario, private sector is likely to grow rapidly. The Private Sector Enterprises, by and large, draw substantial
support from Government bodies and Banks which handle public-funds. Large investments in their enterprises come
from the public funds. Private sector
has, therefore, social responsibilities to perform. It needs actively to help in the improvement of socio-economic
conditions of the people especially those belonging to the weaker sections of
the society so as to build a conflict free and caring society without which no
enterprise either public or private can hope to flourish. At present, Scheduled Castes and Scheduled
Tribes employees in the private sector are believed to be numerically
insignificant except at the shop-floor level.
There is a increasing apprehension that the employment opportunities of
the Scheduled Castes, Scheduled Tribes and the other weaker sections would
shrink with the reduction in role of
the Government.
Areas of social
obligation of the private sector needs to be identified. Private Sector should contribute in the
areas of advancement of education, health and in provision of employment
opportunities of weaker sections of the people including the Scheduled Castes,
the Scheduled Tribes and other backward classes. Policy frame work for active
involvement and participation of
private sector for socio-economic development of the people needs to be
evolved after a meaningful, purposeful and result oriented debate with the
leaders of the Indian Industry, Trade and Commerce.
49.
What should be the areas of social obligation of the private
sector?.
50.
What should be the appropriate policy framework for
meaningful contribution of private sector in the identified areas?
51.
What measures can be taken to ensure that the private sector
especially the large private sector does actually take in qualified Scheduled
Castes, Scheduled Tribes and backward classes in adequate numbers at
supervisory, technological and managerial levels? OR, Is the reservation in
jobs, as suggested by some persons, the only alternative?
11.6.10 Transfer Of Areas Under Fifth Schedule To The
Sixth Schedule
The
Fifth Schedule deals with the administration and control of Scheduled Areas and
Scheduled Tribes while the Sixth Schedule relates to the Administration of the
Tribal Areas in the North-Eastern States.
The Sixth Schedule provides for the autonomous districts and autonomous
regions and power of constitution of district and regional councils, their
respective powers, etc. etc. The Fifth
Schedule read with Article 244 empowers the Governor of the State to regulate
administration and control of Tribal Areas, Scheduled Areas and Scheduled
Tribes with the power to modify, annul any law made by the Parliament or the
State Legislature or limiting its application to a particular area.
During the working of the Constitution in 51 years, anomalies have
occurred in the administration and control of the Scheduled Areas and Scheduled
Tribes governed by Fifth Schedule. The Scheme under the Sixth Schedule on the
other hand has worked reasonably well.
Some tribal areas in the country have neither come under the Fifth
Schedule nor the Sixth Schedule. It has been suggested that the Scheme
envisaged in the Sixth Schedule for the Administration of the Tribal Areas in
the North-Eastern States be extended to the areas covered by the Fifth Schedule
with necessary amendments thereto and these areas be brought under the Sixth
Schedule. It has further been
suggested that the tribal areas which are presently neither under the Fifth nor
under the Sixth Schedule should also be brought under the Sixth Schedule
directly.
52. Do you agree that the scheme under the
Sixth Schedule has worked better;
q if so, what are your views about
bringing the areas under the Fifth Schedule and the left over Tribal areas under
the Sixth Schedule?
11.6.11 Transfer Of Tribal Land
In certain States covered by the Fifth Schedule, such as, Andhra Pradesh,
Bihar and Orissa, there are laws prohibiting the transfer of the lands owned or
in the possession of the tribals to non-tribals. There have, however, been
large-scale complaints, even in areas where such land transfer laws prevail, of
transfer of tribal lands to non-tribals through various surreptitious means.
Efforts made to reverse the process and restore land to tribal people as laid
down in the laws have produced only limited results. Despite deficiencies in implementation, these laws have
nonetheless provided protection to the tribals in these areas. In Samatha’s Case*,
the Supreme Court while construing the word ‘land’ in Andhra Pradesh Scheduled
Area land Transfer Regulation Act held that the ‘land ‘ included both transfer inter
vivos between a tribal to a non-tribal as well as transfer of Government
land in tribal areas in favour of anybody other than tribals. Any transfer, by way of lease or licence,
therefore cannot be made in favour of non-tribals. There is a move to amend the existing land transfer laws so as to
enable the transfer of lands belonging to Scheduled Tribes or Government land
situated in the Tribal Areas in favour of companies and multi-nationals for the
purpose of securing more efficient agricultural practices or better
exploitation of minerals and forest wealth.
53. How can tribal ownership and control
over land in tribal areas, whether individually owned or communally owned, or
vesting in government or any other, be protected while ensuring that land and
other resources in the tribal areas are beneficially utilized in the interest
of tribals and in larger national interests with their consent and participation?
q Since tribals
are extremely emotional about their land, what specific measures can be taken
to respect their feelings and help them to organise in protecting their land
and other cultural interests? Will
co-operative societies or companies wholly owned and managed by the tribals be
of help?
54. In what way can the lands illegally transferred in breach of
existing laws from Scheduled Tribes be restored to them? How breach of such laws can be prevented?
55. Should there be a constitutional /
statutory framework for a scheme of resettlement of those affected by
development works and projects? If so,
what should broadly be the contents of the constitutional policy framework?
q How dislocation can be minimized?
q
Will it help if resettlement plans and costs are built into
the project plans and costs as first charge to be fulfilled
before/simultaneously with the project constructions?
56.
How can symbiotic relationship that has traditionally
existed between Tribals and forests and which has been disturbed by commercial
interests, be restored so as to ensure harmonious protection and growth of
Tribals and forests, including protection of their traditional rights in the
forest?
57.
Considering that the tribals are dependant to a large extent
on minor forest produce (MFP) for their livelihood, what measures should be
taken to ensure that they get the full returns on the produce they collect and
sell? What steps should be taken to continuously replenish and regenerate the
shrinking stock of MFP?
11.6.12 Protection Of Land Ownership/Land Tenures
The statistical data [see Tables 9.3(A) & (B) and 9.4] indicate that
the majority of the Scheduled Caste and the Scheduled Tribes continue to be
agricultural labourers and marginal land-holders, despite various measures
taken by the Government to improve their lot in the last fifty years. Under various land reforms schemes land has
been made available to landless labourers.
These schemes, however, have not altered the lot of landless labourers
particularly of those belonging to the Scheduled Caste and the Scheduled
Tribes. A number of land reform cases
are held up in judicial process and in certain cases judgements are said to
have run contrary to the legislative intent.
Cultivable Government land and Bhoodan land is still available in some
States for distribution to beneficiaries.
In many cases, the Scheduled Castes and Scheduled Tribes to whom lands
have been allocated/granted have been forcibly evicted and persecuted. True implementation of land reforms
legislation and proper allotment/distribution of land under these schemes could
have substantially improved the lot of landless labourers and it still has the
potential to do so.
58. What
measures should be taken to expeditiously distribute available Government land
(not required for the public purpose), Bhoodan land and ceiling-surplus-land
amongst landless poor, SCs, STs and other weaker sections?
q
What measures should be taken to put them
promptly in possession of those lands?
q
What measures should be taken to develop
these lands through irrigation and otherwise?
q
What steps should be taken to recover
Government lands, Bhoodan lands and ceiling-surplus lands occupied by those
non-eligible for the allotment of such lands and make such lands available for
distribution among the landless poor, SCs, STs and other weaker sections?.
59. What measures need to be taken to avoid
forcible eviction of the Scheduled Castes and the Scheduled Tribes from the
land allotted to them under the various schemes and to restore the land, from
which they have been dispossessed, to them?
60. How can be true implementation and
better enforcement of land reform legislations ensured?
61. What
amendments, if any, in your view are needed in the Constitution to protect and
promote legitimate interests of SCs, STs, BCs and other weaker sections of the
society? The following proposals have
been received by the Commission suggesting amendments to the Constitution. What are your views regarding the need,
appropriateness and desirability of making the suggested amendments?
a) Article
46 which is presently non-justiciable is made a part of Fundamental Rights and
the following addition is made at the end of it:
“and
it shall be the right of the weaker sections of the people and, in particular,
of the SC and ST that the State and all institutions of or created by or
promoted by or assisted by the State shall at all times function fully and
totally in accordance with this right, shall take every measure required to
fulfil this right and shall not take any measure the effect of which will be
contrary to it.”
b) To
overcome the difficulties arising from the judicial interpretation of the
clause in Article 335 of the Constitution which reads as “consistently with the
maintenance of efficiency of administration”, the aforesaid clause be deleted
from Article 335.
c) Article
335 be transferred to Fundamental Rights as a new clause in Aricle 16 with
suitable changes to ensure that reservation for SC and ST becomes mandatory
with enabling powers for a legislation covering all aspects of reservation for
the Scheduled Castes and the Scheduled Tribes.
d) Clause
4 of Article 16 which is presently worded ‘permissibly ‘ be made mandatory in
line with clause 1 of Article 15 and 16 so that Article 16(4) becomes a source
of reservation for Backward Classes.
q
Clause 4 of Article 15 be made mandatory.
e) Inclusion
of the following entries in List III of the Constitution.
i.
Development, welfare and protection of
the Scheduled Castes and the Scheduled Tribes.
ii. Development,
welfare and protection of women.
11.7 Giving Voice
To The Disadvantaged And Deprived
11.7.1 Empowerment of Women
The
representation of women at all levels of Government is 7.1% of Government
service. The representation of women in
the Indian Administrative Service is about 10%. Out of the 500 and odd Judges of the superior courts, there are
only 15 women Judges. The number of women Members of Lok Sabha is 49. The full potential of women therefore
remains grossly underutilized even after more than 50 years of the working of
the Constitution (see Section 5.5).
62.
What steps need to be taken to enhance the representation of
women at various levels of policy making and administration?
63.
Should the process of empowerment of women that began with
reservation of one-third seats in Panchayats and Municipalities need to be
extended to State Legislatures and Parliament?
11.7.2 Unorganized Labour
In India, out of 286 million working force in 1991, 259 millions were in
unorganized sector. The largest numbers of unorganised labourers are in
occupational sectors like agricultural labour, traditional and village
industries, primary production in fisheries etc. There are also sizable number of workers in bidi rolling, match
stick making etc. The unorganized
labour continues to be exploited in diverse ways. Practice of employing contract labour even for works of
continuing and long term nature which increasingly is being adopted both by
Public and Private sector results in their exploitation and is a problem
area. They need protection from
exploitation. A mechanism under which
such unorganized labour can be enabled to form cooperative societies/self-help
groups may help in reducing their exploitation and in improving their economic
conditions. For instance, rickshaw
pullers vegetable vendors, street-vendors, hawkers do not own their rickshaws
or carts but take them on rent. The
rent paid by them in a year often is sufficient to pay back the cost of
rickshaws and interest thereon. A cooperative movement should enable easy loans
from banks to be made available to them through cooperative institutions. The cooperative institution could themselves
supply such rickshaws and carts on hire-purchase basis enabling them to be the owners, and thus
ending their exploitation.
Institutions of civil society too can play an important role in
preventing exploitation of unorganized labour.
64. What mechanism – statutory or
non-statutory – needs to be evolved to prevent exploitation of unorganized
labours and to ensure payment of prescribed / statutory wages to them?
q Do you feel a Central Act on the lines
the one was drafted for agricultural workers in 1978-80 to regulate their
employment and conditions of service and to ensure prescribed wages to them, if
enacted, would help agricultural workers?
If so, whether similar measures are also necessary for other classes of
unorganised workers?
65. In what way participation of civil
society can be secured to prevent exploitation of unorganized labour?
66. what steps can be taken to stop
exploitation of labourers on long term
jobs by treating them as contract labourers?
11.7.3
Statutory Protection To Farmers
Mahatma Gandhi, the Father of the Nation, said that India lives in
villages. Agriculture is the main rural
economy. The Freedom movement laid
emphasis on empowerment of agriculturists and conferment of title to the tiller
of the soil. The Constitution enjoins
in Article 48 that the State shall endeavour to organize agriculture and animal
husbandry on modern and scientific lines and shall, in particular, take steps
to preserve and improve the breeds, etc.
Despite the Green Revolution having been achieved over the years, the
agricultural economy remains in precarious condition. The agriculturists, due to diverse reasons, like natural
calamities, marketing exploitation of their produce etc. are subjected to
recurring losses. In Dalmia Cement
(Bharat) Ltd. Case1, (1996), the Supreme
Court declared that agriculture is an industry, the livelihood and sustained
economic development of agriculturists depends on the production and return
from the agricultural produce.
Socio-economic justice to the farmer was declared a Fundamental Right in
the said judgment. Like an industrialist, the agriculturist should also be made
entitled to all the benefits of Government policy on industry. Farmers also need to be protected from the
adverse effects of the WTO and IPR regimes, while at the same time securing the
benefits of these regimes for them.
67. Do you agree that the agriculturists
should be made entitled to all the benefits of Government policy on industry?
q If so, what remedial steps -
legislative and administrative - are necessary to protect the agriculturists
from incurring losses, to arrange sustained growth of agriculture, which
includes sericulture, fishiculture, animal husbandry, etc?
68. What steps should be taken to protect
Indian peasantry and other traditionally producing classes from the adverse
effects of the regimes of WTO, IPR etc. while at the same time helping them to
secure the benefits of those regimes.
Management of water resources is the largest single issue which will
dominate the discourse on natural resources.
It is said, hyperbolically, that the Third World War would be fought
over water. The country has,
alternatively, seen devastating floods and paucity of drinking water. It
is ‘apoplexy’ at one time and ‘Anemia’
at another. Watershed management,
check-dams, rain-water harvesting are among the issues of utmost priority.
69. What mechanism – statutory or non-statutory is required to secure beneficial
participation of civil society institution in better management of the water
resources in the country?
70. What steps should be taken to ensure
that farmers of the Scheduled Castes,
Scheduled Tribes and weaker sections are enabled to secure the benefits of
water resources?
11.7.5
Bonded Labour and Child Labour
Despite prohibition of ‘begar’ and other forms of forced labour, the
practice of bonded labour has not ended, Child labour too exist (see Section
10.7.3).
71. What steps are required to be taken to
ensure effective implementation of the
provisions in this regard?
72. Whether the definition of the ‘bonded labourer’ needs to be
amplified to bring all forms of bondage within its ambit ?
73. Would
it be useful to associate local self-government mobilization like Zila
Panchayat, Municipality, Gram Panchayat with district administration in
identification and rehabilitation of the bonded labour?
74.
What schemes need to be formulated with a view
to ensure effective rehabilitation of bonded labourers ?
a) Whether
a cooperative society of bonded labourers would be helpful in this regard ?
(Major portion of the amount paid for rehabilitation of bonded labourers may be
credited to the cooperative society as its share capital. Surplus governmental
land may also be made available to it, so that individual members can work in a
cooperative spirit and are able to pay loans taken for rehabilitation etc.)
b) Whether
it should be made mandatory that on retrieval of a child labourer/ child bonded
labourer, an adult member of his family would have to be employed in place of
child to supplement the family income ?
75. Whether
a consolidated fund be created for rehabilitation of bonded labourers/ child labourers/
child bonded labourers ?
11.7.6
Immoral Trafficking in Women – Rescue
& Rehabilitation
In Gaurav Jain’s Case1,
the Supreme Court of India on 9th July, 1997 directed the Union of
India to constitute a committee to make an ‘in depth study’ of the problems
relating to prostitution, child prostitutes and children of prostitutes and to
evolve suitable schemes for rescue and rehabilitation of the victims of
prostitution. The court directed that
the report should be circulated to all the State Governments eliciting their
views thereon. Thereafter, the Prime
Minister was to convene a conference of all the Ministers dealing with women
and child, consider the recommendations and the responses, evolve policies and
plans of action. A permanent committee of three Secretaries was directed to be
constituted for implementation and continued monitoring of the
implementation. Government of India in
the Ministry of Human Resource Development (Department of Women and Child
Development) had, accordingly, constituted a committee on Prostitution, Child
Prostitutes and Children of Prostitutes on 21st August, 1997. The Committee in its Report1 has inter alia
recommended certain Plan of Action2 to
combat trafficking and commercial sexual exploitation of women and children. These include action points on (i)
Prevention, (ii) Trafficking, (iii) Awareness Generation and social
mobilization, (iv) Health Care
Services, (v) Education and Child
Care, (vi) Housing, Shelter and Civic
Amenities, (vii) Economic Empowerment,
(viii) Legal Reforms and Law Enforcement, (ix) Rescue and Rehabilitation, (x)
Institutional Machinery and (xi)
Methodology.
The Centre of Concern for Child Labour has identified certain
child prostitution prone areas in India as is indicated in Appendix XIX.
76. In what manner, if any, the recommendations of ‘Secretaries Committee’
need augmentation?
77. Will immediate implementation of these
recommendations help improve the position?
78.
What further
steps need to be taken to ensure elimination of Child Prostitution and their
rehabilitation?
79.
Are you satisfied with the pace of
socio-economic change since independence and do you think that it commensurate
with the financial outlays and expenses?
If not, what factors in your view have constrained its pace and how it
can be accelerated to achieve constitutional objectives of ensuring a life of
dignity to every citizen?
* see Chapter 9
1 AIR 1982 SC 149
2 AIR 1994 SC 268
* Samatha’s Case, AIR 1997 SC 3297
1 1996 (10) SCC 104
1 Gaurav Jain Vs Union of India , AIR 1997 SC 3021
1 See the Report of the Committee on Prostitution, Child Prostitutes and Children of Prostitutes & Plan of Action published by Department of Women & Child Development, Ministry of Human Resource Development, Govt.of India, 1998.
2
ibid