GUEST COLUMN

where HAS transparency gone?

Adv. Satish Sonak

In context of appointment of Goa Lokayukta, Adv. Satish Sonak, Co-ordinator – India Against Corruption (Goa Chapter) advocates the Uttarakhand model and asks the timely and forthright question, ‘where transparency has gone?’

We all know that most of Team Anna’s suggestions are incorporated in the Uttarakhand Lokayukta Bill 2011 and that India Against Corruption has sought amendments to the Central Government’s Lokpal Bill to bring it in line with the Janalokpal and the Uttarakhand Bill.

The IAC in Goa was jubilant when the Bhartiya Janata Party state unit of Goa vide its communication dated 21^st February 2012 had informed that “BJP is committed to enforcing Lokayukta Act within 100 days if elected to and will ensure that same is in tune with the Lokayukta Act as enacted in the state of Uttarakhand.”

The promise to appoint Lokayukta within 100 days could not be fulfilled by Goa government because central government was not cooperative in the matter of expeditiously obtaining presidential assent to the Lokayukta legislation.

After President Pratibha Patil assented, Chief Minister Shri Manohar Parrikar spoke to media stated that ‘he was open to borrowing good features from Uttarakhand Lokayukta Bill to strengthen the Goa Lokayukta Bill, but this was possible only after the appointment of Lokayukta and assessment of the effectiveness of Goa Lokayukta Act over a period of time.’

In response thereto the IAC (Goa Unit) has publicly commented that ‘compared to the provisions in Goa Lokayukta Bill dealing with the selection process of Lokayukta, the Uttarakhand Bill details much better and unambiguous provisions. If similar provisions are not followed in appointment Lokayukta in Goa, the very purpose of borrowing good features from the Uttarakhand Lokayuktta Bill will be rendered infructuous.’

The relevant and unambiguous provisions of the Uttarakhand Lokayukta Bill 2011 are summarized as follows :

·               The chairperson and the members of the Lokayukta shall be appointed by the Governor as per the recommendation of a Selection Committee.

·               The Selection Committee shall consists of the following:-

(i)            The Chief Minister / Chairperson of the Selection Committee.

(ii)          The Leader of the Opposition in the Legislative Assembly.

(iii)         Two Judges of the High Court selected by collegiums of all judges of High Court.

(iv)        One person from previous Chairpersons of Lokayukta (who is the senior most Chairperson) appointed under Uttarakhand Lokayukta Act, 2011.

(v)          2 members shall be selected by the other members of the Selection Committee [(i) to (iv) above] from amongst the retired Chief Justices of India, the retired judges of Supreme Court and High Court and the retired personnel i.e. Chiefs of Army, Navy and Air Force, Chief Election Commissioners of India, Chief Central Information Commissioners, Chairperson of Union Public Service Commission, Cabinet Secretaries of the Government of India and Comptroller and Auditor Generals of India with reputation of impeccable integrity, who have not joined any political party after retirement and who are not holding any office under any government.

·               There will be a Search Committee of 5 persons. Its members will be nominated by the Selection Committee out of persons mentioned in (v) above. The said members will be from the persons of eminence in public life with impeccable integrity.

·               The Search Committee before preparing the short list will invite nominations from such eminent individuals or such class of people or such organisation, whom they deem fit, for the position of Chairperson or the members of the Lokayukta. Only persons with impeccable integrity shall be eligible for being considered for nomination. 

·               The recommendations about nominees should, inter-alia, contain details of any allegations faced by that candidate under any law, details of his work against corruption in the past, reasons why that person is suitable for the job and any other material that the search committee may decide.

·               The search committee using all possible sources shall collect as much information as possible about the background and past achievements of these candidates.

·               Such nominations as are received shall be put on a web site for inviting information from the people in respect of nominees.

·               The Search Committee after taking into consideration the information received from all the sources shall prepare, preferably through consensus, a short list of 4 times the number of persons to be appointed as Chairperson and members of the Lokayukta.

·               Any nomination to which objection is raised by any two members of the Search Committee shall not be included in the short list. 

·               Before sending the short list to the Selection Committee, the Search Committee will get the names of the short listed persons put on a public web site to enable people to send any relevant information about the short-listed persons.

·               The Selection Committee shall, after considering all relevant information about the short listed candidates, select the Chairperson and required number of members of Lokayukta preferably through consensus. However, a person shall not be selected if three members of the Selection Committee disapprove such names. The Selection Committee, if more than one member is to be selected, shall select the members of Lokayukta preparing the list in order of preference which will be used as inter-se seniority among the members.

In contrast to aforesaid detailed provisions of the Uttarakhand Bill, the Goa Lokayukta Bill 2011 merely provides that ‘the Lokayukta and / or Upa Lokayuktas shall be appointed by the Governor on the advice tendered by the Chief Minister in consultation with the Chief Justice of the High Court and the Leader of Opposition.’

The said provision in Goa Lokayukta Act 2011 is confusing and / or ambiguous because :

a)            It does not indicate who should propose the name.

b)            How consultation process is to be conducted?

c)             What input Chief Minister, Chief Justice and Leader of Opposition should contribute.

d)            If there is no unanimity on name, then how the difference has to be resolved.

e)            Whether consultation by Chief Minister, Chief Justice and Leader of Opposition is by way of sitting together at a place or circulating inputs in writing.

f)             Whether the name suggested by the Chief Justice should have primacy?

The wordings in Karnataka legislation are almost similar to those in Goa except that whereas in the Goa Act after the words ‘opposition leader’ the further words ‘if any’ are not written. In Karnataka appointment of Lokayukta / Upa Lokayukta more than once got dragged in litigation and was consequently delayed.

In aforesaid regards two telling examples from Karnataka deserve to be recalled:

First, when the appointment of Karnataka’s Upa Lokayukta Chandrashekaraiah, a former judge of High Court was challenged in Public Interest Litigation, the Karnataka High Court while interpreting Karnataka Lokayukta Act had framed such questions and had sought response to them.

Secondly, Chief Justice J. S. Kehar had raised objection to appointment of Justice Shivraj V. Patil as Karnataka Lokayukta without following the due consultation process.

I am afraid that the Karnataka history is likely to repeat itself in Goa and if that happens the appointment of Lokayukta will be delayed in Goa for ages.

The Orrisa experience offers guidance in the matter of appointment of Lokayukta. 

In the case of Justice K. P. Mohapatra v/s Shri Ram Chandra Nayak and others reported in (2002) 8 Supreme Court Cases 1, the Hon’ble Supreme Court had the occasion to examine the question ‘what is the requirement and what meaning could be assigned to “consultation” as contemplated under Section 3(1) of the Orissa Lokpal and Lokayukta Act 1999. While answering, the same Hon’ble Supreme Court in its judgment dated 9/10/2002 held as follows :

a)            For such appointment Chief Justice of the High Court would be the best person for proposing and suggesting such person for being appointed. His opinion would be totally independent and he would be in a position to find out who is most suitable or more suitable for the said office. In this context Primacy is required to be given to the opinion of the Chief Justice of the High Court because consultation with Chief Justice is mandatory.

b)            The nature of consultation is to apprise the Leader of Opposition of the proposed action but his opinion is not binding on the government. At the same time his view or objections are to be taken into consideration. If something is adverse against the person proposed by the government, he would be entitled to express his views and point it out to the government. This, however would not mean that he could suggest some other name and government would be required to consider it. It would therefore be open to the government to override the opinion given by the Leader of Opposition with regard to the appointment. There is no question of initiation of proposal by the leader of opposition. The Leader of Opposition is not entitled to suggest another candidates name nor to insist on government considering such name.

In this case the contrary judgment passed by High Court of Orrisa was quashed and set aside.

If the procedure of ‘first appointment and thereafter amendment’ is followed the Goa Lokayukta Legislation will be meaningless.  If the selection of the Lokayukta is not made through a broad based panel and if the inputs of expert search committee are not taken into consideration, the result can be disastrous.

Any selection made on the recommendation of Chief Minister and Leader of Opposition will invite the tent of ‘politically motivated choice’ and such selection will not inspire confidence in the public.

Further, as against the old judicial interpretation of Chief Justice having a major say in nominating Lokayukta, the emphasis in Uttarakhand Bill on collegiums system of appointment is more full proof and deserves to be preferred. Infact the 1993 Supreme court judgment vociferously advocates the collegiums system of judicial appointment.

At the time of writing this article it is not known whether in Goa any advice has been tendered by Chief Minister to the Governor in matter of appointment of Lokayukta and or whether contemplated consultation has taken place. Naturally the anti-corruption crusaders are justified in asking the question:

‘Where has transparency gone?’ 

(courtesy: EVESCAPE)

The Last Word

WHEN CHILDREN HURT

"Elder Abuse is a single or repeated act, or lack of appropriate action, occurring in any relationship where there is an expectation of trust that causes harm or distress to an older person”. (WHO)

The unearthing of the shoddy state of affairs at the State-run old-age homes in Goa by social activist Michael Ferns and his GCWT team has brought to the fore not only apathy of the government towards such institutions but also the extent to which funds from the public exchequer are swindled by various authorities in the garb of providing care-taking facilities to the needy.

It has exposed the inhumane behaviour and attitude of the government employees drawing huge salaries from the exchequer, not for performing their duties ethically, but for abusing the elders. It has brought to the fore the abuse of our elders at the hands of state-funded abusers. That the loot of the exchequer in such a fashion is unpardonable but worse still is the lack of accountability and responsibility of the government to provide training to caregivers employed by them to look after our aging parents.

While Michael told me that action against those involved in the abuse of the inmates has been sought from the government and that the government has assured to put things on track in these institutions, we can only wait to watch whether the assurance will finally translate into action.

So we spoke about the problems, and we did offer solutions. We told the government what it should do to make a difference in the lives of its senior citizens. We reminded them that they are the ones who fought/contributed to the welfare of our state/country and therefore they should be deeply respected.

We told the government that they need support and their voices need to be heard. We also told the government that more such institutions should be provided. Yes more such institutions should be provided, so that we, adult children, continue shirking our responsibility of looking after the ones who gave us life. We told the government what it ought to do, but did we tell ourselves that the abuse of our elders happened because we abandoned them in old-age homes? And moreover, abuse does happen at home.

The recent report by Help Age India, after surveys conducted in various states including Goa, has shockingly revealed that in India where respect for elders is the cornerstone of family values, the abuse of elders by family members is on the rise. The report states that the son is the primary perpetrator of abuse followed by the daughter-in-law. The report highlighted economic exploitation faced and disrespect further stating that more elderly women as compared to men faced abuse. Elder Abuse is a global social problem and the cause of many of the cases can be traced to having no respect for the elderly, pressure of living and pure greed. 

Shamefully, a country like India and a State like Goa, where respecting elders is part of the culture, has been forced to enact laws to stop people from abandoning elderly parents; or, to ensure that children pay 'parents maintenance' and penalty to the children of abandoned elders, can be fined or even put in jail. These laws are brought in because of the swelling figures of adult children abandoning or refusing to help their elderly parents. Therapists for years have listened to patients blame parents for their problems. Now there is growing interest in the other side of the story: the suffering of parents who are estranged from their adult children.

I recall a story I wrote in the Times of India (Govt has to provide shelter for abused elders, TNN Jun 25, 2009) about one Vincent D’Souza who was a victim of elder abuse. Suffering from a severe prostrate illness, he was reconciled to take shelter at a day-care centre in Margao, and was forced to spend nights at a friend's house in the village which he continued to do for over four months, before we could offer him help. He told me that he had lost his wife to a brief illness and as he returned home after her funeral, the 68 year old was shocked to find out that his house was illegally occupied by a relative at the behest of his son and daughter-in-law. There are a number of reasons for estrangement or abandonment of elders within the family systems both from the childrens' point of view to the parents, however the problem is assuming mass proportions. While experts suggest a multi-disciplinary and multi-agency approach, I feel that awareness has to come about.

Goa has The Maintenance & Welfare of Parents & Senior Citizen Act, 2007 in place which ensures need based maintenance for parents and senior citizens and their welfare thereby providing the elderly citizens a legal safety net. Besides other things, the Act provide for •Maintenance of Parents/Senior Citizens by children/relative made obligatory and justifiable through Tribunals. •Revocation of transfer of property by senior citizens in case of negligence by relatives. •Penal provision for abandonment of senior citizens. •Establishments of Old Age homes for Indigent Senior Citizens. •Adequate medical Facilities and protection of life and property of Senior Citizens. 

Under this act, children who abandon their parents or elderly relatives can face a three-month jail term. The law makes taking care of the elderly in the family a legal, and not just moral, obligation. These laws can be successful in getting rid of elder abuse provided the government lays emphasis on implementing them strictly.

HUMAN INTEREST

Elders abused at state-run homes: GCWT

A shocking revelation by Michael Ferns, chairman of the Goa Citizens Welfare Trust, on the horrific state of affairs at the state run orphanages and old age homes wherein children and senior citizens live under inhumane has totally exposed the Provedoria, a wing of the government of Goa and demands action from authorities.

The shoddy state of affairs of the government run institution came to light after Ferns along with his team members Earnesto Morais,  Roque Barretto and Lazvina Fernandes conducted surprise checks at 11 homes run by Provedoria, the institute of public assistance.

“We conducted a surprise inspection of all Provedorias in Goa after receiving complaints from citizens of the poor standards of living at orphanages and old age homes under Provedoria. Our inspection started in February 2012 from the Margao old age home where 52 male and female senior citizen inmates reside. On our inspection we witnessed unhygienic conditions in which our senior citizen inmates were living in. One particular 80 plus year old inmate lady was sleeping on a bed with the mattress full of bedbugs as their beds were never cleaned nor attended too. The toilets that our senior citizens use are mostly Indian toilets which normally old people have difficulty in using. There are no safety railings to help them from their rooms to the toilets or any other place,” he narrates.

Widely reported footages of the operation conducted by the NGO showed flooring of all old age homes fitted with tiles which are prone to accidents and no non-slip tiles were fitted in any of the old age homes. Footages further suggested that the lighting in all these old age homes was very poor where visibility for normal people was difficult and the walking areas and toilets were in dark.

“During inspection we noticed that there were no emergency lights and alarm systems and no nurse to attend to our senior citizens during the night. The food provided to our senior citizens was of poor quality and non-nutritious and most of the inmates complained of insufficient food being provided to them so much so that at times inmates who can afford purchase their own bread to fill their stomachs. Further we found out that sweepers and cleaners also served as cooks as the government has no funds to hire neither a proper cook nor a proper supplier who could supply proper food to the inmates. We were informed by the inmates that servants were not attending to them at all and inmates helped each other themselves. Worse still, most of the inmates and especially the bedridden had not been bathed for months together.

Furthermore we found that most of the beds were without mattresses and bed sheets and no water beds were available in any of the old age homes for the bedridden inmates. The rooms, toilets, kitchen and other areas of the old age homes and orphanages had not been cleaned for days together. We also came across damaged floorings, damaged roofs and no maintenance done posing danger to the inmates,” informed Ferns.

The team also inspected the home at Chimbel in Tiswadi which houses of a mental ssylum and old age shelter for men and women and were shocked to find that these inmates too lived under inhumane conditions.

“Inmates complained of assault by one staff members. At the time of our inspection on April 3, 2012 the assailant was found to be under the influence of alcohol while on duty and on speaking to him he mentioned to us that he was paid a salary of Rs. 19000/- per month plus benefits and that he worked as a cleaner. We inspected the toilets and found that sewage tanks were clogged and no repairs undertaken,” said Ferns.

The NGO took up the matter to the Chief Minister Manohar Parrikar who assured he will take up the matter on priority basis and assured immediate action would be taken.

 “We urged Parrikar to conduct an enquiry on the management of Provedoria, starting with the Provedoria Director Vinesh Arlekar, Assistant Directors Antonette Sequiera and Vishwas Nayak and Assistant Engineer Shrinivas Rao for NEGLIGENCE AND VIOLATION OF HUMAN RIGHTS and necessary action to be taken, which would set an example for future government employees to take their jobs seriously and to work with dedication and give value for income tax payers money. We requested the CM to also conduct an enquiry on Rakesh Hadgaonkar cleaner at the Mental Asylum and old age home at Chimbel for allegedly assaulting a senior citizen lady and necessary action should be taken,” he informed.

Acclaimed cyber crime investigator and director of Pune based Intelligent Quotient Security System (IQSS) Dr. Harold D’Costa informs Rajeshree Nagarsekar that in Goa, cyber crimes against women, chiefly including transmission of pornography, harassments and stalking, is on the rise making it a matter of grave concern.

In Goa’s first reported case of cyber stalking, Manish Gulati (name changed) was stalking Priya Rao (name changed). Manish created a fictitious profile and posted obscene and obnoxious information about Priya. He also distributed a residence telephone number inviting people to chat on phone. As a result of which Priya kept getting obscene calls from everywhere and people promptly talked dirty to her.

A complaint was registered by Priya’s father (a senior government official in the defence service). The Cops started to trace the guy who had posted obscene information about Priya. After repeated reminders from the police officer to Orkut’s office they were unable to get the information about the perpetrator who made the crime. Priya was very frustrated and in the mean time Priya’s father was transferred to Delhi and a fresh complaint was registered.

After much persuasion the Delhi Police finally logged a FIR and started tracking the criminal.

The Cops in Delhi got the information from the Orkut’s office by tracking the IP address and found that the person posting obscene contents was ex-boyfriend of Priya and his name was not Manish Gulati but was Virendra Reddy. He never wanted Priya to get married. He was caught In Chennai and was arrested by Delhi Police. An offence was registered against Virendra and was booked under Section 66C, Section 66D, Section 66A of the IT Act. He was also booked under 509 IPC for outraging the modesty of Priya Rao.

 Reason for growth in cases

 According to cyber guru Dr. Harold D’Costa, the reasons for the rising incidents of cyber crimes against women in India are as follows. 

1. Emergence and prevalence of cyber crimes and sophistication of the perpetrators.

2. Lack or weak existing measures to address cyber crime.

3. Road map or strategy to build mechanisms to address cyber crime against women.

4. Women appropriation of cyber space as a secured space of empowerment due to safety concerns. “Cyber crime against women mostly includes transmission of pornography, harassments and stalking. The anonymity of the Internet provides the safe haven for the perpetrator by hiding their identity. The perpetrator usually adopts services of deferent ISPs and using different screen names. Cyber harassment perpetrated through the use from the cyber space can be sexual, racial, religious, etc. The consequences of harassment are the violation of privacy which the cyber space grants to women,” explains Dr. D’Costa.

 Cyber Stalking most common among cyber crimes

 The most common and horrific among cyber crimes against women is possibly cyber stalking. So what is Cyber Stalking? 

Dr. D’Costa explains, “Cyber stalking is online harassment using Internet, e-mail or other electronic communication devices to stalk another person. Stalking generally involves harassing or threatening behaviour that an individual engages in repeatedly such as following the persons, appearing at a person home or at a place of business, making harassing phone calls, leaving written messages or objects or vandalising persons image or property. Most stalking laws require that the perpetrator make credible threat of violence against the victim; others include threats against the victims’ immediate family and still others require only that the alleged stalkers course of conduct constitute and implied threats.” 

“Majority of cases involve stalking by former intimates, although, strangers’ stalking occurs in the real world and the cyber space. Most victims are women and most stalkers are men.  Stalkers are generally motivated by the desire to control the victim,” he adds.“Cyber stalkers may be located across the streets or across the country. Electronic communication technologies make it much easier to cyber stalkers to encourage third parties to harass or threaten the victim. For instance, posting inflammatory messages to bulletin boards and in chat rooms, causing viewers of that message to sent threatening back to the victim.  Electronic communication technologies also lower the barriers to harassment and threats. A cyber stalker does not need to physically confront the victim,” alerts Dr. D’Costa.

The proper forum of complaint

Ironically, though cyber crimes against women are on the rise, very few cases are reported due to lack of awareness among the victims about the proper forum of complaint as well as the lack of awareness and special departments to investigate such cases. In the back drop of such a situation, Dr. D’Costa who has trained about 150 Goa police officers and assisted them in more than 75 cases of cyber crimes suggests that the following information has to be provided to the police to track the perpetrator. 1. Name of the website where the profile has been created.  2. Profile ID or the name of the profile. 3. When the profile was viewed by the complainant and who informed complainant about the profile?  4. Upon getting the above information the police officer should then communicate to the website administrator with the above information and asking from them the following information. (a) When was the above profile created (Date & Time), (b)When was the profile last updated (Date & Time), (c) Geo Location from where the profile was made (IP address and (d) The Internet service providers details through which the profile was made.“The above information has to be provided by the website administrator within 48 hours if the server of the website is hosted in India and within 45 days if the server is hosted outside India. On failure to provide the information by the service to the officer, an offence could be registered under Section 67C of the Indian Penal Code (IPC),” he concludes.

EDITOR’S NOTE: Dr. Harold D’costa is official trainer & principal consultant to Maharashtra police. He has trained about 150 Police officers from Goa & assisted them in more than 75 cases of cyber crime. Overall he has assisted various state police department in more than 2,000 cases of cyber crime. Presently he is training All India Police through Maharashtra Intelligence Academy.

000000000000000000000000000000

Men Gossip More Than Women Do

This is no male bashing... that men gossip may not be news, but that they do more than women, really is. A recent study by Onepoll -- a global research company, has concluded that men spend an average 76 minutes a day tittle-tattling with their friends or work colleagues, compared to just 52 minutes for women. The study has dispelled the long standing myth about women chin wagging, writes N Laxmi.

If you always thought that men are those great silent folks who hold secrets dearly, make ideal friends much better than women and are not as catty as their female counterparts, you need to think again.

A recent study concludes men gossip more than women do. Yes. Even those seemingly formal ones with stern frowns, transform into cackling teenagers when dishing on salacious gossip and those men too, who don business suits and walk into board rooms, gossip all the way to the front door.

Moreover, a recent study states that men are the bigger chatterboxes (may be because they aren’t as good as women when it comes to expressing themselves). A study has decoded the myth about women gossip as it found out that men spend an average 76 minutes a day gossiping with their friends or work colleagues, compared to just 52 minutes for women. Favorite topics of men gossip include the antics of drunken friends, old school friends, and the most attractive girl at work, states the report.

The study found the office is the preferred place for men to exchange gossip as against women who prefer to confide in their friends from the comfort of their own homes. A third of men are happiest when chatting with work colleagues, and 58 per cent admit that being a gossip makes them feel "part of the gang," states the report.

Furthermore it states that 31 per cent of men feel that having a gossip with their partner is actually better than sexual relations as topics of gossip include local news, rumours about possible relationships in the office or the boss, promotions, sex and salaries.

And if you always thought that women are the ones who love to spread rumours and gossip about friends behind their back, here’s more! The poll proves that more men than women are guilty of spreading rumours. So men aren't just as bad as women, they're worse!

Men just love a bit of scandal, and will do anything they can to be centre of attention with their colleagues and peers, says the study adding that men's discussions are more influenced by what is happening at work or at social circles. A fifth of those asked said they spent at least three hours a day gossiping - mainly at work - with the main topics including women colleagues and who is in line for promotion, the poll indicates.

Study or otherwise, the debate rages on as many women who placed their view point here strongly believe that men gossip and they really do. Civil engineer Shalini Rebello says, “I came across all kinds of men including introverts, talkative, and those few men who spoke a lot but surely spoke well and made sense. They could convince you pretty easily. It’s widely believed that women tend to criticize people behind their backs but men are virtually best at that. And they go scot-free as nobody even talks about this aspect of men,” she opines.

Roma Dessai shares a similar view. “Often when I travel from work, I come across men who talk on and on about what he said and she said. In fact after listening to them for 45 minutes (till I reach Margao from Panjim) I know everything about them and their families and even their friends. Worse still, even about whose marriage is on the rocks and so on and so forth,” says the banker, adding, “Men gossip but they like to play as if they don't. They do. Everyone needs to vent and express how they feel. However when a man talks about other people's business rather than his own, it seems awful.”

Dr. Zubaida Sheikh has much to add. “That men gossip need not be supported by any study. All women who share working space with men will agree that men are great chatterboxes and gossip about women, especially of the office. They do not hesitate an inch when it comes to spreading rumours about them. But they love to believe that chin-wagging by them amounts to a healthy discussion and that malicious gossip is the domain of women and women alone. I can state from experience that men get away with all this because they are united and support each other while women don’t. That is why gossip by men is not spoken about much.”

While the debate goes on and on, there are the others who feel that not all men gossip. “My best friend is a male. I share a lot of my life experiences with him and has grown to realize that he has been a constant support. For several years now, there has never been a case where he has discussed me with anybody else, especially to those who do not matter. Not one secret has been let out. So I trust him much more than my female friends,” software engineer Siddhi Borkar says.

Similarly feels Karishma Sinai, a chartered accountant. “I know men gossip. But not all men fall in that category. I know a number of women who trust men more than women. That does not mean that I am demeaning my own gender,” she adds quickly.

So does that make us to conclude that gossiping is not bound by gender alone but that it is rather an issue of personalities? Think about it.

GOAN SNAPSHOT

Swati Kerkar

Activist of a different kind

Swati Kerkar wears many hats. A well known social and environmental activist, she has for long been a part of many civil society movements related to environment, social justice, human-rights, women and anti-corruption issues in the State.  The fire-brand social leader reveals her new plans to establish a front to bring about political awareness among women in Goa. N Laxmi gets to the core of her activism and issues close to her heart.

For more than a decade, Swati Kerkar is well known in the activist circles in Goa for her vigorous participation in all civil society movements; be it the students’ movement, movements for social justice, women issues, RTI, environment, SEZ and anti-corruption. Name it and the fire-brand activist has been there all.  Born in Keri-Ponda into a family of activists, activism had to happen to her. “On account of my freedom fighter father Sridhar Kerkar and mother Shubangi who actively supported my father in all his activities, we got inclined to social work. And grass-root politics, as my father and brother served the local panchayat. I grew in an environment that has been attached to social work,” recalls Swati. 

Starting from the ABVP students’ movement, Swati had developed a flair for political activism at a young age. “In politics, for the first time I came out openly was to support Adv. Vishwas Satardekar. We worked to get him elected as an MLA only to know that he could not fulfil the assurances given to the constituents. I realised my decision to be into active politics was wrong and soon found myself deeply involved in social work.

Soon, Swati was to become an important activist in her village during the SEZ andolan which later grew into a mass movement in the State. “We started off with Keri Kriti Nagrik Samiiti to commence the SEZ movement locally. Soon I got actively involved in it and became a petitioner in the Keri SEZ case,” she recalls.

This movement served to be a turning point in the life of Swati as an activist as she was introduced to a number of prominent social and environment activists from across the State. “Not only had I met new people here, but also was exposed to new issues that plague Goa and was urged to join mainstream activism in the State,” informs Swati. Then came the India Against Corruption movement and Swati joined the force to support Baba Ramdev and Anna Hazare.

While handling environment issues, Swati was exposed to a number of social issues and women related matters. “We feel that Goa is educated and think that atrocities against women are few. But the reality is otherwise,” she laments.  “On a day to day basis I come across battered women, dowry cases, domestic violence etc.  Women, not only from my village, but from various rural set-ups come to me with their issues,” she adds.

Swati regrets that despite the existence of a full-fledged Women Commission in the State, crimes against women are on the rise, considerably. “These so called authorities are not functioning in a manner they should. They simply exist. I feel there should be a concrete solution to curb incidents,” she opines.

Presently, Swati has a host of social issues to tackle. “A matter of concern is that of the indigenous vegetable vendors. They face harassment at the hands of the authorities. We met the chief minister Manohar Parrikar on the issue and he has assured to look into the matter. We demand the formulation of a policy of hawkers and vendors. Another issue that has been afflicting Goan women is the issue of industrial workers (females). This population basically consists of school drop-outs and have no guidance. They work in factories and industries to earn a living and as they are not an organised sector, they are exploited, even physically. There have been several incidents of girls from this population committing suicide,” she informs.

Swati has been a part of all social organisations in Goa and now intends to float her own to fight for issues that are closest to her heart. “I am planning to form my own organisation as I have had my share of good, bad and worse while working under several banners. For the past five years we were literally on the road everyday on every issue and various experiences has led me to do what I intend doing,” Swati expresses.

Though she is of the strong opinion that the present government has to deliver, she feels that Goans need to have a new political option. “I am of the opinion that the Congress and BJP are two sides of the same coin and therefore a third political option should emerge,” she opines.

And that is the base of her new political activism. She strongly feels that the 33 percent reservation for women in panchayats has to come about in its true sense. “Women get elected to panchayats and municipalities because of the reservation factor but it is sad that competent women hardly make it to the local bodies. In most cases they enjoy a patriarchal patronage and rarely are political or socially aware. Political awareness among women has to come about. They have to come out on the political platform and think politically. And this will be the most important objective of my organisation,” she concludes.

The awe-inspiring Akshardham

For the five of us, the trip to Delhi last November was solely political. Our to-do list prominently featured an important meeting with a political bigwig at 7, Jantar Mantar Road, New Delhi. It was just a day’s stay at the Capital so no site-seeing plan absolutely.  Unexpectedly, we managed to finish our political job by afternoon. With nothing much constructive to do on schedule, Yatin suggested we pay a visit to Swaminarayan Akshardham. Temple? The idea was initially rejected by the rest of us, but as Yatin insisted, hesitantly though, we agreed.

Little did we know then that a little over an hour’s drive through the busy NH 24, East Delhi, we were to see the most awesome monument in India – the Akshardham, much as Yatin had described (he had seen the monument earlier). Awestruck we stood in front of what is celebrated as one of the biggest and most intricate religious places of worship entirely composed of sandstone and marble (no steel), built in a record time of non-stop five years of construction with over 300 million man hours of services rendered by 11,000 volunteers, sadhus and artisans.
After a rigid security check (phones, cameras, bags, leather items, electronic items, purses, etc are not allowed inside the complex) spanning over half-an-hour or more, we finally entered the monument dedicated to world peace. Another noteworthy aspect here is visitors are requested to dress modestly and respect the sanctity of the complex. (Devasthan’s in Goa take note).
The temple, constructed by Bochasanvasi Aksharpurushottam Swaminarayan Sanstha (BAPS) foundation -- the builders of the various Swaminaryan Temples across the world, is said to be a modern day Wonder of the World. After a record of five years of non-stop, round-the-clock construction, the massive and awesome monument to World Peace was inaugurated in November 2005. Combining several completely different and contrasting architectural styles of Hindu temple architecture of northern India --Rajasthani, Orrisan, Gujarati, Mughal and Jain -- the Akshardham Monument is entirely constructed of marble and the red-sandstone that Delhi is famous for, and that so many of her monuments are constructed of.
It consists of 234 ornately carved pillars, 9 ornate domes, 20 quadrangled shikhars, a spectacular Gajendra Pith (plinth of stone elephants) and 20,000 murtis and statues of India's great sadhus, devotees, acharyas and divine personalities. The monument is a fusion of several architectural styles of pink stone and pure white marble. The temple is a fine example of ancient Indian culture with all its breathtaking grandeur and beauty. The temple is dedicated to Lord Swaminarayan and was inaugurated by former president APJ Abdul Kalam on November 6, 2005.
The Gajendra Peeth, a 1070 ft long pageant of elephants in stone, fascinated us the most. The peeth which displays a total of 148 stone elephants, 125 human figures, 42 animals and decorative backdrops created in four years, portrays elephants with nature, man and God, reflecting the message of peaceful coexistence, love, faith, effort, courage and service. The Gajendra Peeth exhorts mankind towards nobler living and love for nature.
Apart from the temple you can also have an insight of exhibitions, art gallery, musical fountain show and giant screen film in the IMAX theatre inside the temple complex. The source of inspiration behind the construction of the temple comes directly from the Akshardham Temple in Gandhinagar (Gujarat).
The temple complex is well known for its unique blend of Hindu religion and Indian culture. It is divided into many small structures. The main monument has been built according to the  Vaastu Shastra is 141 feet high, 316 feet wide and 370 feet long with 234 ornate pillar eleven 72-foot-high huge domes (mandapams) and decorative arches. There are about 20, 000 sculptures of various Hindu gods and goddesses adorning all the parts of the temple. The grand and beautiful mandir is built without steel and consists of 234 ornately carved pillars, 9 ornate domes, 20 quadrangled shikhars, spectacular Gajendra Pith (plinth of stone elephants) and 20,000 murtis and statues of India’s great sadhus, devotees, acharyas and divine persons.
The area around the temple building has been converted into lush green lawns with beautiful water fountains. A well known tourist attraction, the Akshardham Temple is one of the finest structures built in the modern India. The temple showcases the beautiful blend of Indian culture through its statues, floral motifs, arches and wonderfully carved pillars.
A food court called Premvati Food Court serves pure vegetarian delicacies and snacks. While we treated ourselves to some tempting north and south Indian dishes at an ambience that showcase intricate cultural décor, Baba could not resist shopping at the Akshar Haat (a souvenir shop) which offers an attractive range of gift items and publications on Swaminarayan Akshardham.
After spending almost two hours inside the 100 acre cultural complex and filled with the desire to pay a special visit to the monument on another occasion, we could not thank Yatin enough for giving us an insight into a glowing testimony to what volunteerism, talent and spiritual faith can accomplish and a showcase of India’s glorious traditions of art, architecture, wisdom and spirituality.

Empower us politically

Thanks to sheer lack of political will that despite intense and extensive debate in various forums throughout the country for over two decades -- the law for 33 percent reservation of women in Parliament and state legislatures is yet to see the light of day. Ironically, this is despite the fact that there are over a million women representatives in the panchayati raj system in India (some with excellent records) after the introduction of the revolutionary 73^rd and 74^th 1992 Constitutional amendments guaranteeing reservation of seats for women in local bodies.  Most intriguing is the fact that the representation law is still a distant dream despite several women in independent India have held important political and administrative positions like Indira Gandhi who served the country as Prime Minister for several years. Others have served as governors, chief ministers, ministers in union and state governments, presiding officers of legislative bodies, judges of the High Courts and secretaries to the government of India and more recently top positions like President and speaker.

Despite enjoying important positions both at the national and international levels, women’s participation in the political arena and in the decision making bodies is not in proportion to their population, except in the local bodies, where sadly, their effective participation, leaves much to be desired. Undeniably, though education serves to foster all-round development of women which is a vital element for building a just society, the need for political empowerment of women through a policy of reservations is immense.

Reports suggest that in the last few decades, the issue of political empowerment of women gained momentum throughout the world. In 1990, the United Nation’s Economic and Social Council endorsed a target of 30 per cent women in decision-making positions in the world by 1995. This target was far from being met by 1995 as only 10 per cent of the world’s parliamentarians were women. Today, around 16 per cent of the world’s parliamentarians are women, still far from the target of 30 per cent. This figure implies that politics is still predominantly a men’s business, with men making up 84 per cent of parliamentarians, reports indicate.

India’s history states that women enjoyed an exalted position in society during ancient times and thereby were treated at par with men even in political and philosophical spheres. However, down the centuries, their position deteriorated and politically they were literally dumped. History suggests that this state of affairs continued for a considerable period until in the 20^th century, particularly during the freedom movement under the leadership of Mahatma Gandhi, that involvement of women was accepted as the natural course in India. Gandhi believed that women have to play a much meaningful role in politics, making it more accountable, transparent and corruption free while he said, “As long as women do not take part in public life, there can be no salvation for the country.”

Indian Constitution guarantees equal political rights including the right to vote to women. Almost all the provisions contained in the UN Convention on the ‘Elimination of All Forms of Discrimination against Women’ exist in our Constitution. The Constitution guarantee equal political status to women with a scope for ‘positive discrimination’ in their favor as is evident in Article 15(3).

There are many other provisions in the Constitution which lay stress on equality between men and women like the Article 14 which provides for equality before law, Article 39(a) which states that the State shall direct its policy towards securing equally to men and women the right to an adequate means of livelihood, and 39(d) enjoins the State to direct its policy towards securing equal pay for equal work for both men and women. Article 42 provides for securing just and humane conditions of work and for maternity relief and Article 51(A) (e) refers to the fundamental duty of citizens to renounce practices derogatory to the dignity of women.

Evescape Magazine Launched in Goa

EVESCAPE MAGAZINE LAUNCHED IN GOA

The first issue of EVESCAPE, Goa’s first women’s magazine, was launched at Ravindra Bhavan’s Black Box auditorium on April 28, 2012. The English monthly was released by a number of prominent Goan women from various fields of activity. EVESCAPE is dedicated to the issues concerning Goa’s women in particular and womanhood in general and intends to throw light on various relevant issues of women which would draw the attention of policy makers to bring about the desired change.



EVESCAPE is about giving an insight to its readers into every such field of activity wherein women progress socially, economically, legally, politically etc. and not just confined to recipes, make-up or fashion. EVESCAPE believes that issues related to women need to be reflected in a proper perspective keeping in view the sensitivity of the issue at hand and a proper balance to bring about a real change.


Renowned classical singer Shakuntala Bharne, who was prominent among those who unveiled the magazine called upon women in Goa to take to reading, especially local material that is published so as to encourage such initiatives. “We have a habit to glorify that which is foreign. It is time we encourage and patronize their work. In the very first edition EVESCAPE has highlighted women who were less known and unsung though their contribution speaks volumes,” she said.