Wednesday, November 10, 2010

Letter supporting child Rights - please send on your letter head to 7 people

14th November, 2010

To,
Hon’ble Smt. Pratibha Patil,
President of India,
Rashtrapati Bhawan, New Delhi – 110 004

Hon’ble Shri Mohammad Hamid Ansari
Vice President of India,
Room No. 208, Parliament House Annexure,
New Delhi – 110 001

Hon’ble Dr. Manmohan Singh,
Prime Minister of India,
Room NO. 152, South Block,
New Delhi – 110 001

Hon’ble Mr. M. Veerappa Moily
Ministry of Law and Justice,
Room No. 402A,
Wing Shastri B,
New Delhi – 110 001

Hon’ble Shri Kapil Sibal
Ministry for Human Resource Development,
Room No. 301, C wing, Shastri Bhavan,
New Delhi – 110 001

Hon’ble Smt. Krishna Tirath
Ministry of Women and Child Right Development
Shastri Bhavan,
New Delhi – 110 001

Hon’ble Mr. Mukul Wasnik,
Ministry of Social Justice & Empowerment
Room No. 250, A wing, Shastri Bhawan,
New Delhi – 110 001

Respected Madam / Sir,

This is to bring to your notice, that in 1992, more particularly on 19.11.1992, we the Nation have ratified articles and resolution passed and convention on the Rights of the Child more particularly adopted by General Assembly of the United Nations bearing Ref. No. A/RES/44/25 of 20-11-1989. Thereafter in 2005 we have passed an Act, The Commission for protection of Child Rights Act 2005, appointing child right commission to look into the matter relating to child rights.

Under the said convention all the signatory Nations have assured international community that they shall be implementing the articles of the said convention and shall play role in improving condition of the children of their Nation. Under the convention members / signatory state parties were bound to implement the rights of the children and for the purpose of convenience we are not reproducing the same but has been put on record by publics movement MISSION JUSTICE in August,2010.

However, it has been seen that apart from appointment of commission to look into the said rights, we have done nothing to recognize or implement the said rights as guaranteed by us before international community. We support the demand of MISSION JUSTICE fo implementation of the full articles of Convention and demand a single "FAMILY PROTECTION AND MAINTAINANCE ACT" for covering all issue of all family members.

We hope that the citizens demand as per MISSION JUSTICE for implementation of child rights is implemented immediately and fully and effectively.

With this we request you to look into this aspect of the voice of voiceless i.e. children, who are the future of this Nation and necessary measures / steps be taken with regard to protecting the interest of these children. We call upon the state to implement the said rights and also other rights by codifying all the children laws in one enactment of single Act and also transfer all criminal and civil provision in one single piece of legislation with regard to the family and child.

Thanking you in anticipation.
Yours truly,

Wednesday, September 8, 2010

CHILD RIGHTS - The neccesity

Under MISSION JUSTICE we have issued Notice to the Government on Child Rights. The Government in 1992 has ratified the convention of UN on child rights which was held in 1989. This means that the Government has promised that the said guarantees shall be implemented in totality by way of legislated law or otherwise.


In 2005, only a Commission for Child Rights have been setup which is non effective and has almost failed us on all counts.

We demand that all the articles of the said convention be implemented in form of a codified law which it will eradicate child labour, child abuse, parent alienation, uneducated children, child begging etc. And will give children an opportunity to grow and progress as a free sovereign citizen.

We feel that this cannot wait for years for representation and Court battles and the children need their right implementation immediately. The question is of crores of children and hence time cannot be granted. We wish to initiate a movement of massive signature campaign accross the Nation for 15 days from children's day till 30.11.2010 and hope that by the end of 2010 we will have settled laws in place. This is possible purely by protest and cooperation of each and every citizen of the Nation. We look forward for citizens, students, volunteers, film industry, sports stars, media and all the concerned to pool in all your resources and make an attempt to see that this issue gets the fastest result.
Jai Hind

Strategy for MISSION JUSTICE signature campaign a must

We wish that all NGO, Celebrities, People of social importance come on street and get signature campaign endorsing immediate implementation of child rights

We look upon the media for great help. If media covers the entire Convention Articles and inform the people about it and how it will affect the Nation then things will start moving. We look upon each society, MP, MLA taking up the job and doing door to door survey and on streets.

We call upon media channels to puts up a help desk. wherein if a common man finds any child right violation as per the articles, then the person can call up the help desk and media will cover that story of that child. If for instance I see a chottu doing child labour next door and I call up the help desk and the media covers the story, then it will be shameful for the right violator. We don’t seek any punishment for the violator, but the nearby people must send roses to the violator saying “GET WELL SOON FROM YOUR ILLNESS OF VIOLATOR”. Others who are also in the same position will be ashamed and will stop violation on their own. That the idealist way of getting things done without force.

This is unique campaign and We wish that Film and sports star also work in from CHILDREN'S DAY to 30.11.2010 and start helping this cause. 15 Days of pain will give smiles to millions of children.

We look forward to the students, Youth, Retired People, film Industry, TV Industry, NGO World, Activist, Media and the common man to extend support for this movement which will start on the 1st Navratra after the morning Aarti and end at Vijaydashmi. The balance schedule will be released soon on the blog.
JAI HIND

Convention on the Rights of the Child Adopted and opened for signature, ratification and accession by

ADOPTED BY INDIA IN 1992. U/A 51(c) THE GOVERNMENT IS BOUND TO IMPLEMENT THIS ACT. THIS ACT WILL MAKE CHILD BEGGAGING, CHILD LABOUR, CHILD EXPOLITATION, CHILD PARENT ALIENATION ALL ILLEGAL AND WILL BE BOUND TO PROTECT THE CHILDREN AND PROVIDE THE BEST WELFARE TO THE CHILDREN. CRORES ARE GONE IN SCAMS EACH YEAR BUT EVEN AFTER ALMOST 20 YEARS THIS TREATY HAS NOT BEEN IMPLEMENTED AND WE DEMAND THE IMPLEMENTATION OF THIS TREATY WITHOUT FURTHER RECOURCE TO LAW. WILL YOU NOT SUPPORT US???

copy of the Convention as found by us on interenet :-

Preamble

The States Parties to the present Convention,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person, and have determined to promote social progress and better standards of life in larger freedom,

Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,

Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that childhood is entitled to special care and assistance,

Convinced that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community,

Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding,

Considering that the child should be fully prepared to live an individual life in society, and brought up in the spirit of the ideals proclaimed in the Charter of the United Nations, and in particular in the spirit of peace, dignity, tolerance, freedom, equality and solidarity,

Bearing in mind that the need to extend particular care to the child has been stated in the Geneva Declaration of the Rights of the Child of 1924 and in the Declaration of the Rights of the Child adopted by the General Assembly on 20 November 1959 and recognized in the Universal Declaration of Human Rights, in the International Covenant on Civil and Political Rights (in particular in articles 23 and 24), in the International Covenant on Economic, Social and Cultural Rights (in particular in article 10) and in the statutes and relevant instruments of specialized agencies and international organizations concerned with the welfare of children, '

Bearing in mind that, as indicated in the Declaration of the Rights of the Child, "the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth",

Recalling the provisions of the Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally; the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) ; and the Declaration on the Protection of Women and Children in Emergency and Armed Conflict,

Recognizing that, in all countries in the world, there are children living in exceptionally difficult conditions, and that such children need special consideration,

Taking due account of the importance of the traditions and cultural values of each people for the protection and harmonious development of the child,

Recognizing the importance of international co-operation for improving the living conditions of children in every country, in particular in the developing countries,

Have agreed as follows:

PART I

Article 1

For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.

Article 2

1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members.

Article 3

1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

2. States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures.

3. States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.

Article 4

States Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation.

Article 5

States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention.

Article 6

1. States Parties recognize that every child has the inherent right to life.

2. States Parties shall ensure to the maximum extent possible the survival and development of the child.

Article 7

1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents.

2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.

Article 8

1. States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference.

2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity.

Article 9

1. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child's place of residence.

2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be given an opportunity to participate in the proceedings and make their views known.

3. States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child's best interests. 4. Where such separation results from any action initiated by a State Party, such as the detention, imprisonment, exile, deportation or death (including death arising from any cause while the person is in the custody of the State) of one or both parents or of the child, that State Party shall, upon request, provide the parents, the child or, if appropriate, another member of the family with the essential information concerning the whereabouts of the absent member(s) of the family unless the provision of the information would be detrimental to the well-being of the child. States Parties shall further ensure that the submission of such a request shall of itself entail no adverse consequences for the person(s) concerned.

Article 10

1. In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall further ensure that the submission of such a request shall entail no adverse consequences for the applicants and for the members of their family.

2. A child whose parents reside in different States shall have the right to maintain on a regular basis, save in exceptional circumstances personal relations and direct contacts with both parents. Towards that end and in accordance with the obligation of States Parties under article 9, paragraph 1, States Parties shall respect the right of the child and his or her parents to leave any country, including their own, and to enter their own country. The right to leave any country shall be subject only to such restrictions as are prescribed by law and which are necessary to protect the national security, public order (ordre public), public health or morals or the rights and freedoms of others and are consistent with the other rights recognized in the present Convention.

Article 11

1. States Parties shall take measures to combat the illicit transfer and non-return of children abroad.

2. To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements or accession to existing agreements.

Article 12

1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.

2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.

Article 13

1. The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child's choice.

2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others; or

(b) For the protection of national security or of public order (ordre public), or of public health or morals.

Article 14

1. States Parties shall respect the right of the child to freedom of thought, conscience and religion.

2. States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child.

3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.

Article 15

1. States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly.

2. No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

Article 16

1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation.

2. The child has the right to the protection of the law against such interference or attacks.

Article 17

States Parties recognize the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health. To this end, States Parties shall:

(a) Encourage the mass media to disseminate information and material of social and cultural benefit to the child and in accordance with the spirit of article 29;

(b) Encourage international co-operation in the production, exchange and dissemination of such information and material from a diversity of cultural, national and international sources;

(c) Encourage the production and dissemination of children's books;

(d) Encourage the mass media to have particular regard to the linguistic needs of the child who belongs to a minority group or who is indigenous;

(e) Encourage the development of appropriate guidelines for the protection of the child from information and material injurious to his or her well-being, bearing in mind the provisions of articles 13 and 18.

Article 18

1. States Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child. Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child will be their basic concern.

2. For the purpose of guaranteeing and promoting the rights set forth in the present Convention, States Parties shall render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities and shall ensure the development of institutions, facilities and services for the care of children.

3. States Parties shall take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible.

Article 19

1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.

2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.

Article 20

1. A child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State.

2. States Parties shall in accordance with their national laws ensure alternative care for such a child.

3. Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessary placement in suitable institutions for the care of children. When considering solutions, due regard shall be paid to the desirability of continuity in a child's upbringing and to the child's ethnic, religious, cultural and linguistic background.

Article 21

States Parties that recognize and/or permit the system of adoption shall ensure that the best interests of the child shall be the paramount consideration and they shall:

(a) Ensure that the adoption of a child is authorized only by competent authorities who determine, in accordance with applicable law and procedures and on the basis of all pertinent and reliable information, that the adoption is permissible in view of the child's status concerning parents, relatives and legal guardians and that, if required, the persons concerned have given their informed consent to the adoption on the basis of such counselling as may be necessary;

(b) Recognize that inter-country adoption may be considered as an alternative means of child's care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child's country of origin; (c) Ensure that the child concerned by inter-country adoption enjoys safeguards and standards equivalent to those existing in the case of national adoption;

(d) Take all appropriate measures to ensure that, in inter-country adoption, the placement does not result in improper financial gain for those involved in it;

(e) Promote, where appropriate, the objectives of the present article by concluding bilateral or multilateral arrangements or agreements, and endeavour, within this framework, to ensure that the placement of the child in another country is carried out by competent authorities or organs.

Article 22

1. States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties.

2. For this purpose, States Parties shall provide, as they consider appropriate, co-operation in any efforts by the United Nations and other competent intergovernmental organizations or non-governmental organizations co-operating with the United Nations to protect and assist such a child and to trace the parents or other members of the family of any refugee child in order to obtain information necessary for reunification with his or her family. In cases where no parents or other members of the family can be found, the child shall be accorded the same protection as any other child permanently or temporarily deprived of his or her family environment for any reason , as set forth in the present Convention.

Article 23

1. States Parties recognize that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child's active participation in the community.

2. States Parties recognize the right of the disabled child to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the child's condition and to the circumstances of the parents or others caring for the child. 3. Recognizing the special needs of a disabled child, assistance extended in accordance with paragraph 2 of the present article shall be provided free of charge, whenever possible, taking into account the financial resources of the parents or others caring for the child, and shall be designed to ensure that the disabled child has effective access to and receives education, training, health care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the child's achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development

4. States Parties shall promote, in the spirit of international cooperation, the exchange of appropriate information in the field of preventive health care and of medical, psychological and functional treatment of disabled children, including dissemination of and access to information concerning methods of rehabilitation, education and vocational services, with the aim of enabling States Parties to improve their capabilities and skills and to widen their experience in these areas. In this regard, particular account shall be taken of the needs of developing countries.

Article 24

1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.

2. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures:

(a) To diminish infant and child mortality;

(b) To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care;

(c) To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution;

(d) To ensure appropriate pre-natal and post-natal health care for mothers;

(e) To ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents;

(f) To develop preventive health care, guidance for parents and family planning education and services.

3. States Parties shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children.

4. States Parties undertake to promote and encourage international co-operation with a view to achieving progressively the full realization of the right recognized in the present article. In this regard, particular account shall be taken of the needs of developing countries.

Article 25

States Parties recognize the right of a child who has been placed by the competent authorities for the purposes of care, protection or treatment of his or her physical or mental health, to a periodic review of the treatment provided to the child and all other circumstances relevant to his or her placement.

Article 26

1. States Parties shall recognize for every child the right to benefit from social security, including social insurance, and shall take the necessary measures to achieve the full realization of this right in accordance with their national law.

2. The benefits should, where appropriate, be granted, taking into account the resources and the circumstances of the child and persons having responsibility for the maintenance of the child, as well as any other consideration relevant to an application for benefits made by or on behalf of the child.

Article 27

1. States Parties recognize the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development.

2. The parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child's development.

3. States Parties, in accordance with national conditions and within their means, shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.

4. States Parties shall take all appropriate measures to secure the recovery of maintenance for the child from the parents or other persons having financial responsibility for the child, both within the State Party and from abroad. In particular, where the person having financial responsibility for the child lives in a State different from that of the child, States Parties shall promote the accession to international agreements or the conclusion of such agreements, as well as the making of other appropriate arrangements.

Article 28

1. States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:

(a) Make primary education compulsory and available free to all;

(b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;

(c) Make higher education accessible to all on the basis of capacity by every appropriate means;

(d) Make educational and vocational information and guidance available and accessible to all children;

(e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates.

2. States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child's human dignity and in conformity with the present Convention.

3. States Parties shall promote and encourage international cooperation in matters relating to education, in particular with a view to contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical knowledge and modern teaching methods. In this regard, particular account shall be taken of the needs of developing countries.

Article 29 General comment on its implementation

1. States Parties agree that the education of the child shall be directed to:

(a) The development of the child's personality, talents and mental and physical abilities to their fullest potential;

(b) The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations;

(c) The development of respect for the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own;

(d) The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin;

(e) The development of respect for the natural environment.

2. No part of the present article or article 28 shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principle set forth in paragraph 1 of the present article and to the requirements that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.

Article 30

In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language.

Article 31

1. States Parties recognize the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts.

2. States Parties shall respect and promote the right of the child to participate fully in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity.

Article 32

1. States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development.

2. States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of the present article. To this end, and having regard to the relevant provisions of other international instruments, States Parties shall in particular: (a) Provide for a minimum age or minimum ages for admission to employment;

(b) Provide for appropriate regulation of the hours and conditions of employment;

(c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article.

Article 33

States Parties shall take all appropriate measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances as defined in the relevant international treaties, and to prevent the use of children in the illicit production and trafficking of such substances.

Article 34

States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent:

(a) The inducement or coercion of a child to engage in any unlawful sexual activity;

(b) The exploitative use of children in prostitution or other unlawful sexual practices;

(c) The exploitative use of children in pornographic performances and materials.

Article 35

States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form.

Article 36

States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the child's welfare.

Article 37

States Parties shall ensure that:

(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age;

(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;

(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances;

(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.

Article 38

1. States Parties undertake to respect and to ensure respect for rules of international humanitarian law applicable to them in armed conflicts which are relevant to the child.

2. States Parties shall take all feasible measures to ensure that persons who have not attained the age of fifteen years do not take a direct part in hostilities.

3. States Parties shall refrain from recruiting any person who has not attained the age of fifteen years into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, States Parties shall endeavour to give priority to those who are oldest.

4. In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict.

Article 39

States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, self-respect and dignity of the child.

Article 40

1. States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society.

2. To this end, and having regard to the relevant provisions of international instruments, States Parties shall, in particular, ensure that:

(a) No child shall be alleged as, be accused of, or recognized as having infringed the penal law by reason of acts or omissions that were not prohibited by national or international law at the time they were committed;

(b) Every child alleged as or accused of having infringed the penal law has at least the following guarantees:

(i) To be presumed innocent until proven guilty according to law;

(ii) To be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents or legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of his or her defence;

(iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians;

(iv) Not to be compelled to give testimony or to confess guilt; to examine or have examined adverse witnesses and to obtain the participation and examination of witnesses on his or her behalf under conditions of equality;

(v) If considered to have infringed the penal law, to have this decision and any measures imposed in consequence thereof reviewed by a higher competent, independent and impartial authority or judicial body according to law;

(vi) To have the free assistance of an interpreter if the child cannot understand or speak the language used;

(vii) To have his or her privacy fully respected at all stages of the proceedings. 3. States Parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law, and, in particular:

(a) The establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law;

(b) Whenever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected.

4. A variety of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care; education and vocational training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence.

Article 41

Nothing in the present Convention shall affect any provisions which are more conducive to the realization of the rights of the child and which may be contained in:

(a) The law of a State party; or

(b) International law in force for that State.

PART II

Article 42

States Parties undertake to make the principles and provisions of the Convention widely known, by appropriate and active means, to adults and children alike.

Article 43

1. For the purpose of examining the progress made by States Parties in achieving the realization of the obligations undertaken in the present Convention, there shall be established a Committee on the Rights of the Child, which shall carry out the functions hereinafter provided.

2. The Committee shall consist of ten experts of high moral standing and recognized competence in the field covered by this Convention. The members of the Committee shall be elected by States Parties from among their nationals and shall serve in their personal capacity, consideration being given to equitable geographical distribution, as well as to the principal legal systems. (amendment)

3. The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Each State Party may nominate one person from among its own nationals.

4. The initial election to the Committee shall be held no later than six months after the date of the entry into force of the present Convention and thereafter every second year. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to States Parties inviting them to submit their nominations within two months. The Secretary-General shall subsequently prepare a list in alphabetical order of all persons thus nominated, indicating States Parties which have nominated them, and shall submit it to the States Parties to the present Convention.

5. The elections shall be held at meetings of States Parties convened by the Secretary-General at United Nations Headquarters. At those meetings, for which two thirds of States Parties shall constitute a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.

6. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if renominated. The term of five of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these five members shall be chosen by lot by the Chairman of the meeting.

7. If a member of the Committee dies or resigns or declares that for any other cause he or she can no longer perform the duties of the Committee, the State Party which nominated the member shall appoint another expert from among its nationals to serve for the remainder of the term, subject to the approval of the Committee.

8. The Committee shall establish its own rules of procedure.

9. The Committee shall elect its officers for a period of two years.

10. The meetings of the Committee shall normally be held at United Nations Headquarters or at any other convenient place as determined by the Committee. The Committee shall normally meet annually. The duration of the meetings of the Committee shall be determined, and reviewed, if necessary, by a meeting of the States Parties to the present Convention, subject to the approval of the General Assembly.

11. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Convention.

12. With the approval of the General Assembly, the members of the Committee established under the present Convention shall receive emoluments from United Nations resources on such terms and conditions as the Assembly may decide.

Article 44

1. States Parties undertake to submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made on the enjoyment of those rights:

(a) Within two years of the entry into force of the Convention for the State Party concerned;

(b) Thereafter every five years.

2. Reports made under the present article shall indicate factors and difficulties, if any, affecting the degree of fulfilment of the obligations under the present Convention. Reports shall also contain sufficient information to provide the Committee with a comprehensive understanding of the implementation of the Convention in the country concerned.

3. A State Party which has submitted a comprehensive initial report to the Committee need not, in its subsequent reports submitted in accordance with paragraph 1 (b) of the present article, repeat basic information previously provided.

4. The Committee may request from States Parties further information relevant to the implementation of the Convention.

5. The Committee shall submit to the General Assembly, through the Economic and Social Council, every two years, reports on its activities.

6. States Parties shall make their reports widely available to the public in their own countries.

Article 45

In order to foster the effective implementation of the Convention and to encourage international co-operation in the field covered by the Convention:

(a) The specialized agencies, the United Nations Children's Fund, and other United Nations organs shall be entitled to be represented at the consideration of the implementation of such provisions of the present Convention as fall within the scope of their mandate. The Committee may invite the specialized agencies, the United Nations Children's Fund and other competent bodies as it may consider appropriate to provide expert advice on the implementation of the Convention in areas falling within the scope of their respective mandates. The Committee may invite the specialized agencies, the United Nations Children's Fund, and other United Nations organs to submit reports on the implementation of the Convention in areas falling within the scope of their activities;

(b) The Committee shall transmit, as it may consider appropriate, to the specialized agencies, the United Nations Children's Fund and other competent bodies, any reports from States Parties that contain a request, or indicate a need, for technical advice or assistance, along with the Committee's observations and suggestions, if any, on these requests or indications;

(c) The Committee may recommend to the General Assembly to request the Secretary-General to undertake on its behalf studies on specific issues relating to the rights of the child;

(d) The Committee may make suggestions and general recommendations based on information received pursuant to articles 44 and 45 of the present Convention. Such suggestions and general recommendations shall be transmitted to any State Party concerned and reported to the General Assembly, together with comments, if any, from States Parties.

PART III

Article 46

The present Convention shall be open for signature by all States.

Article 47

The present Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Article 48

The present Convention shall remain open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article 49

1. The present Convention shall enter into force on the thirtieth day following the date of deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession.

2. For each State ratifying or acceding to the Convention after the deposit of the twentieth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the deposit by such State of its instrument of ratification or accession.

Article 50

1. Any State Party may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate the proposed amendment to States Parties, with a request that they indicate whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that, within four months from the date of such communication, at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of States Parties present and voting at the conference shall be submitted to the General Assembly for approval.

2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into force when it has been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of States Parties.

3. When an amendment enters into force, it shall be binding on those States Parties which have accepted it, other States Parties still being bound by the provisions of the present Convention and any earlier amendments which they have accepted.

Article 51

1. The Secretary-General of the United Nations shall receive and circulate to all States the text of reservations made by States at the time of ratification or accession.

2. A reservation incompatible with the object and purpose of the present Convention shall not be permitted.

3. Reservations may be withdrawn at any time by notification to that effect addressed to the Secretary-General of the United Nations, who shall then inform all States. Such notification shall take effect on the date on which it is received by the Secretary-General

Article 52

A State Party may denounce the present Convention by written notification to the Secretary-General of the United Nations. Denunciation becomes effective one year after the date of receipt of the notification by the Secretary-General.

Article 53

The Secretary-General of the United Nations is designated as the depositary of the present Convention.

Article 54

The original of the present Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

IN WITNESS THEREOF the undersigned plenipotentiaries, being duly authorized thereto by their respective governments, have signed the present Convention.


What is Mission Justice? - the basic

This is not an NGO. It is a public movement for true freedom. It is based on ‘Quit India Movement’ and Non Violence. The Mission has four pillar ideas to change the society :

1. Justice – Today the situation is that the wrong doer is in command. That is, he/she knows that the victim will have to wait for years, spend huge amount to get justice and probably after years he may not get that also, or may be compromise after being frustrated. Thus Justice is not guaranteed and is an illusion and injustice is the dominant most moments. Today, Judiciary has failed common man on many counts and the resistance shown in accountability is concerning. A wrong judgment, even if prima facie faulty is met only by harsh words of higher courts, but the sufferer is the litigant. Even the Apex Court and Many of the past Chief Justices and entire system of elevation is under question as on this date. The fear is there in the eyes of common man and even genuine PIL may stop coming to Courts on account of backlash from Judiciary on even technical grounds that no notice was given to the Government.

To be honest, Justice as per preamble is the first right of sovereign citizens and duty of Government and Judiciary. It is Judiciary’s job to see that justice is done on time. The Judiciary must not wait for P.I.L. It is the Legal fraternity and Judiciary which must work and take up social causes as P.I.L. suo moto with help of legal fraternity. To do Justice is Judiciary Job and to get Justice and relief is right of every citizen. We believe that each state/Court must have a box where in P.I.L. complaints in short are put up, evaluated by legal fraternity members and genuine causes are taken up suo moto as P.I.L. The P.I.L. filing from public and cost thereof to common man must stop. To sum up – create fear of Court in minds of wrong doers. We the citizens are hear to enjoy the fruits of the process of Justice and not to turn and work on its wheels.


2. R.T.I. – Right to Information if implemented in total spirit, without classifications from Judiciary and Government, will pull down curtains on the corrupt regime. Aided by proper anti corruption laws and enforcement mechanism the government can charge over to the corruption. Thus we need to strengthen the act and its implementation to the bottom and find means to curb frivolous Applications.



3. Child Rights – The future of the Nation are children. Just imagine out of crores of children going without food, clothing and shelter and without implementation of rights, if a percentage turns terrorist or maoist, then what will happen to our children, economy and progress. We must protect the speechless or else future wont pardon us.



4. Atma manthan – This means that we must decide to be active and must participate in all process. When we see wrong we must spare time to complain, we must vote, we must evaluate ourselves and at the same time must decide that we will not be a cause of pain to others. That is an example is that if I drive a car I must be careful not to cause any pain to the walkers. I must take care that no action or inaction on my part causes pain/hurt/grievance to others. A citizen must decide to give 4 hours of productive work to the nation and humanity. It may be the smallest initiative like watering the plants on common roads etc. But these 4 hours of selfless service to Nation and society will make a lot of difference.

Notice to Bombay High Court CJ for disclosure of assets of Judges

24.8.2010

To,
The Hon’ble the Chief Justice,
Bombay High Court,
Mumbai

Respected Sir,

Mission Justice is a people’s movement to bring quality and transparency in Indian Justice delivery system and also address all social issues towards strengthening democracy and rights.

One of the objectives of Mission Justice is to keep and further enhance the prestige of justice system in India. In the near past, there have been sad instances, where the prestige of judicial system has been lowered by some of the members of judicial fraternity in India. To cite a few cases, for example, are Justice Dinakaran, Justice Nirmal Yadav, Justice Saumitra Sen. Even the ex-Chief Justice of India, Justice Balakrishnan is perceived to have left some unfavourable public impressions, specially related to some unrelated loose comments and non-implementation of RTI Act to CJI office.

Mission Justice strongly believes that a vibrant and dynamic justice system, with is seen as “justice is done” and “judges are paragons of virtues and fairness” is essential in any democracy. Our’s is still a young and not-fully-matured democracy. We, the people of India, have extreme faith in judges and justice system. Barring a few exceptions, the justice system is considered as savior of our democracy. Other pillars of democracy, mainly legislature, executive and even press have let us down badly.

Though, the justice system and most of the judges are considered as honest, savior, independent and reliable, we believe that to be keep this perception and tradition, live and active, some pro-active steps must be taken by higher judiciary.


One of the steps is regular declaring the assets by all judges.

The Supreme Court of India, by a Full Court decision in 2009, adopted a resolution by which all the Judges were required to make their assets public. After that, many High Courts, including Bombay High Court, resolved that their Judges would also declare their assets. Bombay High Court judges were among the first to unanimously adopt such a resolution.

Within a few weeks of the above resolutions being adopted, Judges of Supreme Court and a number of High Courts including High Court of Kerala, High Court of Karnataka, High Court of Punjab and Haryana, High of Delhi, to name only few, actually made their assets public by displaying the information on each Court’s official website. However, Bombay High Court has yet to implement the resolution unanimously adopted by its Judges.

Thus, in keeping the dictum of transparency in judicial system and “honesty of justice system”, we, the Mission Justice, request you, Sir, to pro-actively implement the resolution adopted to declare the assets of all judges to with the high traditions of Bombay High Court. Public faith and perception is the source of the respect and authority of our judiciary. This single step will create extreme goodwill for our judiciary in the eyes of the general public.

On behalf of MISSION JUSTICE we assure maximum cooperation to the entire Judiciary in creating a better India and a better civilization.


With highest regards,
For Mission Justice
Rakesh Mohan Goyal
Joint Convener

Sunday, August 8, 2010

Slide show on Judiciary 0001

We have prepared a slide show on judiciary covering all aspects which we could gather. There will be a followup. You must see this slide show and send it to as many as you can as we need to awaken 100 crore people.

http://www.slideshare.net/missionjustice/mission-justice-0001-higher-judiciary

A letter for child rights

Please find here below the letter issued by MISSION JUSTICE to concerned departments. Please take out print of the same and put a covering letter stating that you support the cause raised by us. I hope that atleast 10000 letters will reach the government and change will happen. I know an individual cannot make a change but atleast you can just send a letter for ensuring that your concerns are registered with concerned persons. HOPE that you will ensure that the voice of the common man like you and me is recognised.
9th August,2010





To,
Hon’ble Smt. Pratibha Patil,
President of India,
Rashtrapati Bhawan, New Delhi – 110 004

Hon’ble Shri Mohammad Hamid Ansari
Vice President of India,
Room No. 208, Parliament House Annexure,
New Delhi – 110 001

Hon’ble Dr. Manmohan Singh,
Prime Minister of India,
Room NO. 152, South Block,
New Delhi – 110 001

Hon’ble Mr. M. Veerappa Moily
Ministry of Law and Justice,
Room No. 402A,
Wing Shastri B,
New Delhi – 110 001

Hon’ble Shri Kapil Sibal
Ministry for Human Resource Development,
Room No. 301, C wing, Shastri Bhavan,
New Delhi – 110 001

Hon’ble Smt. Krishna Tirath
Ministry of Women and Child Right Development
Shastri Bhavan,
New Delhi – 110 001

Hon’ble Mr. Mukul Wasnik,
Ministry of Social Justice & Empowerment
Room No. 250, A wing, Shastri Bhawan,
New Delhi – 110 001

Respected Madam / Sir,

This is to bring to your notice, that in 1992, more particularly on 19.11.1992, we the Nation have ratified articles and resolution passed and convention on the Rights of the Child more particularly adopted by General Assembly of the United Nations bearing Ref. No. A/RES/44/25 of 20-11-1989. Thereafter in 2005 we have passed an Act, The Commission for protection of Child Rights Act 2005, appointing child right commission to look into the matter relating to child rights.

Under the said convention all the signatory Nations have assured international community that they shall be implementing the articles of the said convention and shall play role in improving condition of the children of their Nation. Under the convention members / signatory state parties were bound to implement the rights of the children and for the purpose of convenience we are not reproducing the same but putting the same by way of attachment to this letter. Attached herewith is the copy of the said Resolution of the Child Rights Convention.

However, it has been seen that apart from appointment of commission to look into the said rights, we have done nothing to recognize or implement the said rights as guaranteed by us before international community. The entire articles have been attached herewith but certain facts needs to be highlighted which I am high lighting point by point: -

1. It has been seen that divorce has become very predominant in this Nation. Under threat of penal consequences the child is handed to one party without access to the other and consent terms is filed thereof without considering the rights of the child. The Courts of law without application of mind and without going into details of the custody have been endorsing these Consent Terms making them officio functus. It is only the will, fancies and desire of the parents which are considered and the fundamental rights of the child is never looked into by the Hon’ble Courts of law. The Court rarely looks into the right of the child to be brought up by the best parent and with a right to have access to the other parent and other family members. No parent has a right to renounce his or her duty in favour of the spouse and if done, the same is illegal and against the rights of the child.

2. The child of a very tender age does not know his/her rights and cannot decide is his/her welfare. It is duty of the Courts/ Legislature/ Parent and society to protect rights of the child, as well as to look into the welfare of the child and if need be the same has to be reviewed from time to time. Whenever a right is granted, a corresponding and equal responsibility is caste upon the state and also the judiciary to protect the same. The failure to do so by the state amounts to non fulfillment of requirement of a welfare state and non execution of the same by Courts amount to non adherence of duty cast upon a judge. Thus the state and judge becomes guilty of non performance of duty towards the child.

3. When the custody is transferred upon divorce no merits about the welfare or rights of child is taken into consideration and/or reviewed and/or evaluated by Courts of law and it is only the dictate of the parents which is enforced upon the child. If welfare of the child is with the particular spouse, then it is right of child to have welfare enforced through the said parent and the parent has no right to transfer the said duty cast upon him/her to any other person including the other divorcee spouse. The Court must review whether the custody has been transferred out of negligence, neglect or by threat and/or force. However, the same is never done. This fact can easily be verified by undergoing various divorce decree passed by the Court situated in different parts of this country, as the divorce decree passed therein generally does not provide even a single reason as to why the child should be given in the custody of the particular parent. Thus the Courts have avoided Justice and are only adjudicating upon matters.

4. The child has a right to know about not only parents but also the extended family from both parents and has right to love, affection and care of the extended family, more particularly grand parents. However, the same right is brutally violated even before the Courts of law and also at the hands of the police and law mechanism. This is in violation of Article 5 of the said convention.

5. Article 3 of the said convention cast the responsibility of the state to ensure that the child gets such protection and care as is necessary for his or her well being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures. However, Legislature has failed to pass any act or establish any procedure or Courts for such matters. If a letter is recorded, the Child Right Commission will direct the same to be taken up by the parent ( as per convention there is no need of parent only to be concerned about the child and it is the duty of the state) u/s 6 of Hindu Minority and Guardianship Act. Thus the state fails to discharge its function as laid down in the articles.

6. Article 8 ensures that state shall respect the rights of the child to preserve its identity including nationality, name and family relations as recognized by law without lawful interference. However, today when the custody is transferred to the mother under gender biased laws like 498A and Domestic Violence under the threat of dire penal consequences, identity of that child is hijacked and child is deprived of the name and recognition of father. We have got substantial details of such children and it is prima facie evident that identity, names are being changed illegally and even the school and law in force aid such hijacking of the identity, which might lead the child to identity crises at a later stage in the life and same is also against the welfare of the child. Even the family Courts put very less or no weight to this aspect. When such hijacking of identity and identity crises is being created by one parent, the said parent is acting against the welfare of the child and in such cases the custody has to be transferred to the other parent unless it is proved that the same is against the interest of the child. Even if the welfare is equal then also the custody must be transferred from the parent who acts against the welfare of the child by hiding from the child the true identity and also depriving the child of the other parent and extended family as wrongdoer parent is guilty of murder / assault on the original identity of the child and violation of fundamental rights to life of the child and the said parent must be treated accordingly in law. It is today nothing but “legal terrorism” and apart from the spouse it is the child who is the victim of this terrorism and is an act of cruelty upon the child.

7. Article 9 states that parties must respect the rights of the child who is separated from one or both parents to maintain personal relations and direct contact with both the parents on regular basis. However, in practical the same is never maintained and the Courts take their own sweet time and do not understand gravity of situation and at times show least interest as the same is not found in the statutes in operation in the Nation and International Law is beyond the understanding of Law and Judiciary of many occasion. Infact the reality is that if a judge avoids granting access to one of the parents and lingers the issue then he/she is even guilty of violation of rights of the child and/or aiding the same. Thus, the child goes unheard for years together. Unless a precedent is set holding a judge guilty (may not be punished but atleast must be put on remarks), the Judiciary will not expedite these matters. We wish that higher Judiciary suo moto takes up this issue and takes this stand in a very quick manner.

8. Unless precedents with regard to violation of rights of the child against the violating parent and judge (who keeps such matters pending and fail to decide) is set, the child of this nation cannot be secure. Unless the future is secure all developments and growth is meaningless as it shows incapability of this Nation to honour international commitments, to act as a welfare state and also to protect the fundamental rights of the speechless children of the Nation. We expect that atleast some judge shall take suo moto action and shall dispose it as a landmark precedent with regard to rights and also the time frame in which it is decided.

With this we request you to look into this aspect of the voice of voiceless i.e. children, who are the future of this Nation and necessary measures / steps be taken with regard to protecting the interest of these children. We call upon the state to implement the said rights and also other rights by codifying all the children laws in one enactment of “FAMILY, WOMEN AND CHILD PROTECTION ACT” and also transfer all criminal and civil provision in one single piece of legislation with regard to the family and child.

We the NGO have legal resources and sound people, who understand the gravity of situation and are willing to assist Government in formulating right policy with regard to the child rights and extend our full cooperation. We look forward to the esteemed Judicial members to take up such causes suo moto as stated earlier and establish the rights immediately and we assure them to provide data or an example case immediately.

Thanking you in anticipation.
Yours truly,

SIDDHARTH MURARKA
Convener

Copy to:
1. Chief Justice of India
2. Chief Justice Bombay High Court
3. Chief Justice Calcutta High Court
4. Chief Justice Madras High Court
5. Chief Justice Delhi High Court
6. Smt. Sonia Rajiv Gandhi
Media, Other NGO, Public



Encl : A/A

Thursday, June 24, 2010

The truth about Mumbai

I am from Mumbai, a city which never sleeps. We are 2 crore people, who are treated like animals as we travel like "CATTLES" in "CATTLE CLASS" trains of Mumbai. We are used to now living under threat 24*7. Some day in evening we cant reach home as the motormen are on strike. The real game is not the grievences of the motormen, but the urge of the political parties to take control of the union. No one realises the pain a common man underwent in that 24 hours. No Court took suo moto action against the guilty. No minister showed unhappiness at the sufferings. What was there at end of the day was a pure political statement which was a mocekry of democracy. We suffered and they played dirty politics.

My pain is not that of one day. Some day the Rickshaws go on strike and the Government quietly concedes to their illegitimate demand of a hike of 30% in fare. No one cared to ask us wether we have any complaints in the increase in the fare. The Common mans view was unimportant. We travel by rickshaw. They refuse to go as per our desires, but only allows us to sit when they feel that we are going their way. No one wears uniform, baddges. At times their legs function as signals and their meter is running faster that normal. If there is a hawaldar he may or may not take action against refusal to carry passengers on particular route. If we file a complaint we have to run to police chawkie and thats not possible. We all know and even the police knows that the meter is adjusted most of the times, the rickshaw is driven by a person who is not the owner of the rickshaw and the owner runs a fleet of rickshaw and may be a minister or minsiters relative or his khaas admi. The police knows that most autorickshaws refuse passengers, take extra fare from the airport. Still the Police and top officials are silent. Is it that they want to test are patience and when we start beating up the Rickshawwalas for refusing passengers, then only they will act. I would say that the Governemnt is indierctly signalling us to be violent and then when media will report, then they will set up a ministerial body to look into it and also will pass a BILL ( dont know how to implement existing laws). If the Union represents the drivers cause then they must also take up the blames.

My story doesnt end, its just a beginning. Last two days the taxi guys were the culprits and the Unions and parties like Shiv Sena and MNS behind it and so also a powerful Congress leader. Again same story of political illwill and harrassment. Names published in papert and the CM has no guts to throw out his own minister and also sack the minister incharge of the transport system. Courts dont act suo moto..

The CM and the PM only make statement that the accused and guilty wont be spared. To come in limelight ministers of other portfolio also make statements. The law ministry will talk of new legilations. When the new law comes, it is used to frame innocent or to bail out guilty and nothing more. I have seen that even when someone is convicted in Bomb blast case like sanjay Dutt, he gets bail and is enjoying free world, whereas a common man if accused of a petty offence like having not put up name plate of his shop in Marathi, struggles to even be heard. The Courts have time to dispose of Disputes of two brothers and also mining cases which travels from lower to higher court to final disposal expediously, but a small investor who got deemed relief in MPID case still is struggling to see the Justice be his fate. What is more important AMBANI BANDHU MARAMARI or thousands of common men who has lost life long savings...???? Law is used to frame innocent and he has only two options, to get Justice destroying his entire life for decades or forget Justice.... That means he pays throughout his life in quest for Justice. The guilty seldomn get punished and the dons like Dawood rest in peace as they know that no one will dare to touch them as all will be in trouble if he exposes them including ministers, police and may be Judiciary..

When I go to Court or any government department, then I have to carry money for getting work done. In High Court departments also money works and many are taking bribes and maybe Judges know it. But no action. In Mumbai, on each station where policewala is there, pronography is marketed and the Police is in hand in gloves with all persons dealling in pirated movies, song and softwares. So the police in reality is a protection officer given to the illegal activity traders.

I can say oine thing, there is no incentive for truth. If the guilty files false statement, then Judges take it likely, but a small mistake of victim gives a right to acquittal to the guilty.

In Mumbai, I saw 26/11 and followed by the home minister saying BAADE SHAHR MEIN CHOTE HADSE HOTE RAHTE HAI. He was removed only to calm me and take my votes and once that was done I again became a cattle to be ruled by the same home minister.

We all know the legacy of Sharad Pawar, Praful Patel, Raja, Rane, Mayawati, Arjun Singh, Mulayam Yadav, Sharad Pawar, Sibu Soren etc. We have seen them in a postion where action against  is must, but still we maintain silence and the Government grants more power to them. Corruptions are alleged and then the proofs are burried. No one cares.

We know all ministers are growing wealthy and actual benifit of globalisation and progress is felt only when we consider their wealth. We all know that serious allegations have been levied against Raja, Mayawati, Rane, Pawar, Patel, Arjun Singh but still we cant do anything. The Government has been dividing us bit by bit on lines of religion, region, language, caste, reservation etc. etc. and still they claim that they have done a lot and publish it in a page ad in newspapers. They have no money to feed children who are living on streets and are of tender age of 2-4-6, but have money for putting up ads, hoardings, organising parties and functions, arranging security for ministers.

I do not understand the development in Mumbai. The Chief Minister decides that now he wants more FSI for say Hospitals and it is implemented. Oh.. lobby for MHADA.. increase FSI... what is the function of law then and where is the explaination on the basis of which action has been taken or is it discretionery.

I live in Mumbai.. You say you have law. I dont find any builder quoting carpet area rate and most ask for 50% or so in cash.  Where is your petrolling on black money. Or is it that since the ministers are so corrupt that they cant even think of ending the parallel economy.

We have full faith in kanoon. What if all Policewala take hafta, what if the Poilce always traps innocent and leave culprits, what if it takes decades to get the matter heard, what if there are all the scams of Judiciary like Dinakaran, Nirmala Yadav, Gazibad scam, Ramaswamy, Somitra sen etc. etc... we still have faith in law and Justice will be done. This is not the statement of the innocent but the clupit, who knows that he will not be punished for years and even when done, the ratio of enjoyment of fruits for wrong done will outsmart the ration of the punishment...

I stay in Mumbai, a city where my bag is checked 24*7 after any tragerdy and still i live in fear. where when I leave home, I say bye to my parents , as I do not know if and when I will return. A city where I may be beaten up for not knowing marathi and the government will do nothing for me but under their pressure will make registration of Birth compulsory in Marathi. I stay in Mumbai, where each office drains me financially. If I dont bribe I will pay in terms of distance travelling and time lost and conveyence. I stay in Mumbai, where overnight an illegal tenanment is ready and documents are there to trace it to ancestral property. I stay in Mumbai, where a BMC tsaff working 4-5 hours is paid several times more than a contract labourer in building making ( I call them bandua mazdoor). I stay in Mumbai where with money you can by anything and everything, where it appears that we have a right to speach, but dare not speak against Rane and Thackareys. I stay in Mumbai.. where I am a common man... but treated as Conman.. I stay in Mumbai

Siddharth Murarka
Advocate High Court
Member of arbitration panel of FICCI
Member of CFIB