FAMILY MEMBERS BEHIND HALF OF CHILD TRAFFICKING CASES, SAYS UN-BACKED DATA STUDY

The article originally appeared on India Today.

It is a family member in almost half of the cases who forces a child into human trafficking, says a first of its kind study by the United Nations' migration agency- the International Organisation for Migration (IOM).

Statistics from the Counter-Trafficking Data Collaborative (CTDC), an IOM imitative, reveal that children are "most commonly trafficked for sexual exploitation, beggary and domestic work and are most likely to be coerced into trafficking through physical, sexual and psychological abuse". The study emphasises on the need to have more specific prevention efforts keeping this in mind.

In India, nearly one lakh children go missing every year, according to the Ministry of Home Affairs data.

The CTDC data also reveals that a family member is more likely to target boys than girls. Statistics also say that the "family involvement is up to four times higher in cases of adult trafficking."

The 2016 Global Report on Trafficking in Persons by the UN's Office on Drugs and Crime (UNODC) also corroborates this revelation confirming the insider hand of family, "Most of the time, the trafficking is not committed by highly organized criminal networks, but rather by family members, acquaintances and neighbours."

With increasing awareness and tough legal actions, the human traffickers' focus is shifting from women trafficking to the trafficking of men and children.

While 51 per cent of the trafficked victims are still women, the number has gone down from 66 per cent in 2006 whereas in the same period, the number of trafficked men and children has gone up from 34 per cent to 49 per cent now. For children, this figure is now 28 per cent from 22 per cent in 2006.

CTDC is the first global database on human trafficking, hosting information from across the world. It is first of its kind portal that presents to the world an open access to a repository of human trafficking data from multiple counter-trafficking agencies. The portal also hosts 80,000 case studies of human trafficking with victims from as many as 180 countries.

William Lacy Swing, IOM's Director General says "his organization is taking a leading role in increasing the access to the critical information in order to strengthen counter-trafficking interventions" and has called on governments and other agencies to partner and step up efforts.

©SantoshChaubey

A LIFE KALEIDOSCOPIC – THE SUN RISES OVER THE GANGA

IN GOD’S OWN CITY - VARANASI VIBES

THE SUN RISES OVER THE GANGA

INDIA’S OLDEST LIVING CITY – INDIA’S HERITAGE AND CULTURAL CAPITAL – AND THE WORLD’S SPIRITUAL CAPITAL THROUGH RANDOM CLICKS

©SantoshChaubey

AS THE GANGA FLOWS - MANIKARNIKA GHAT

IN GOD’S OWN CITY

MANIKARNIKA GHAT 

VARANASI VIBES

INDIA’S OLDEST LIVING CITY – INDIA’S HERITAGE AND CULTURAL CAPITAL – AND THE WORLD’S SPIRITUAL CAPITAL THROUGH RANDOM CLICKS

©SantoshChaubey

A LIFE KALEIDOSCOPIC – AS THE GANGA FLOWS

IN GOD’S OWN CITY 

AS THE GANGA FLOWS 

VARANASI VIBES

INDIA’S OLDEST LIVING CITY – INDIA’S HERITAGE AND CULTURAL CAPITAL – AND THE WORLD’S SPIRITUAL CAPITAL THROUGH RANDOM CLICKS

©SantoshChaubey

A LIFE KALEIDOSCOPIC – THE GHAT LIFE

IN GOD’S OWN CITY

THE GHAT LIFE 

VARANASI VIBES

INDIA’S OLDEST LIVING CITY – INDIA’S HERITAGE AND CULTURAL CAPITAL – AND THE WORLD’S SPIRITUAL CAPITAL THROUGH RANDOM CLICKS

©SantoshChaubey

A LIFE KALEIDOSCOPIC – THE SUN RISES OVER THE GANGA

IN GOD’S OWN CITY - VARANASI VIBES

THE SUN RISES OVER THE GANGA

INDIA’S OLDEST LIVING CITY – INDIA’S HERITAGE AND CULTURAL CAPITAL – AND THE WORLD’S SPIRITUAL CAPITAL THROUGH RANDOM CLICKS

©SantoshChaubey

A LIFE KALEIDOSCOPIC – THE DURGAKUND AREA TEMPLES: VARANASI VIBES

IN GOD’S OWN CITY

THE DURGAKUND AREA TEMPLES

A LIFE KALEIDOSCOPIC

VARANASI VIBES

INDIA’S OLDEST LIVING CITY – INDIA’S HERITAGE AND CULTURAL CAPITAL – AND THE WORLD’S SPIRITUAL CAPITAL THROUGH RANDOM CLICKS

©SantoshChaubey

INDIAN RAILWAYS ENQUIRY SYSTEM – LYING, AS USUAL....

My parents were travelling from ShivGanga Express (12559 – Varanasi to New Delhi) last evening. The train, considered the most important one between Varanasi and New Delhi, starts from the Manduadih station (MUV), one of the sub-stations of the Varanasi Railway Junction, at 7:40 PM and arrives in New Delhi (NDLS) at 8:10 AM the next day. And the thing is, its gets delayed daily. Okay, don’t get swayed by Indian Railways’ National Train Enquiry System (NTES) app on your smartphone or - https://enquiry.indianrail.gov.in/ntes/ - its desktop version. 

They work overtime to do the damage control that has become synonymous with Indian Railways – chronic delays. Most of the time, they end up showing ‘earlier than real’ time of a train’s arrival. But this ‘jugaad’ hurts the Indian Railway’s misplaced pride even more. The network that has been busy fleecing passengers during some last years to increase its revenue, with measures like dynamic fare pricing as air carriers do or Premium Tatkal scheme that makes even a sleeper class ticket as expensive as AC-II or AC-III, has absolutely failed to meet the most basic need of any transport network – timely arrival and departure of trains. And mind you, most of this is due to its human network. The irony of all this is, you can easily find cheaper airfares for the same route than what some of premium trains offer. 

And when even most of its premium trains routinely get delayed – including Rajdhani, Shatabdi and Duronto – we don’t need to do much data digging about the state of affairs with the superfast trains, like the one my parents were travelling from. And last evening and this morning were no different. The train usually starts getting late as it passes the Allahabad Junction. By the time the train arrives in Kanpur, already an hour or two late, it enters the phase where it adds up delayed minutes to its quantum quite regularly, so much so, that by the time it reaches in the catchment area of Delhi, it becomes a nightmare for passengers. 

These are the snapshots of the NTES app this morning that show how Indian Railways takes us for a ride. The screenshots taken at 10:36 AM show the train is delayed by 2.21 hours and will reach Delhi by 10:31 AM. We can give the NTES benefit of doubt here as the site may take some minutes in updating the information. 

So I called my parents at 10:41 AM to confirm if the train had arrived so that I could ask the driver to approach them but what they told me, in turn told me, that the train was still hours away, even if it was just 15 Kms away from the New Delhi railway station. The train was just crossing the Anand Vihar Terminal. I again called them at 11:10 AM and they said the same thing, that they were still in the Anand Vihar area. 

I again checked the NTES app at 11:13 AM. It was now showing the train was delayed by 2.48 hours with its expected New Delhi arrival at 10:48 AM. But here is this thing to see. This information on the NTES app was updated at 10:39 AM, 39 minutes after the last update at 10 AM as we can see in the screenshots but both show the same last station departed - 'Departed from Chipyana Buzurg at 9:55 AM 23 Nov. 29 Kms to arrive New Delhi.' So, in a sense, no real time update. The maps of the train route are also showing the same pointers.

I again checked the NTES app at 11:24 AM. And bingo, this time it showed the train had arrived New Delhi at 11:05 AM (delayed by 2.55 hours). The information was updated at 11:18 AM. Keeping in mind the history of the NTES app for giving misleading information, I called my parents at 11:25 PM to confirm it. And guess what they said. They told me that the train was still standing at the Shivaji Bridge station, almost 1.5 Kms away from the New Delhi railway station. The train finally arrived at the New Delhi railway station at 11:37 AM, delayed by 3.27 hours. 

©SantoshChaubey

EMOTIONS

When emotions flow

Don’t hold them

For, it is who you are

Free, unhinged

And that is how

A life should be

So, be free like them

And seek their energy

To shape your convictions

And to find harmony there

Emotions don’t ask

They only correlate

To ‘who you have been’

Resolute, spirited

The way

A life should have been

So, be pure like them

And imbibe their soul

For a journey

That should be what

You thought you’d be

©SantoshChaubey

ZIMBABWEANS ARE RIGHT IN CELEBRATING MUGABE’S OUSTER, EVEN IF IT MAY BE FOR A DAY

A ruthless dictator of 37 years humiliated. His wife having larger than life presence shut down. And people are celebrating the ouster. 

And why not? Even if it is for a day! Even it if it is for a week! 

They are celebrating the departure of a man who made their country a living hell, who crushed and killed them at will, who lived a lavish life while they were cursed to live a life of have-nots. 

‘Zimbabwe and economy’ and ‘Zimbabwe and industry’ have been made misnomers by Robert Mugabe. 

They were living and dying in utter poverty while the dictator’s wife was a millionaire shopper of luxury brands in western countries, earning even the nickname of ‘Gucci Grace’.  

So, it is their day. They are singing. They are dancing. They are chanting. They are simply overjoyed. 

They can openly called names for that man. They can freely mock him. They can make jokes in his (and his wife)’s name without fear of persecution. They were protesting and now they are speaking their mind, something unheard of in the country so far. 

Even if it all may be a clever ploy to install another dictator, who used to be the henchman of the outgoing dictator, and is nicknamed ‘crocodile’ for the way he has lived so far. 

Zimbabwe’s dictator Robert Mugabe may be paying the price for the foolish acts of his wife Grace Mugabe. It all began when 93-year old dictator-cum-president Mugabe tried to remove his henchman and vice-president Emmerson Mnangagwa to make way for his wife Grace Mugabe, a reviled figure in the country. Well, the henchman fled the country, but with designs in his mind.  

And then things moved quickly behind the scenes. Probably, Grace was not just totally unacceptable to ordinary Zimbabweans only but also to its army and the sole ruling party Zaanu-PF, the power coterie that has had been sanctifying the Mugabe dictatorship. So, within weeks, the oldest serving head of the state on the planet is gone and his henchman-turned-sacrificial lamb-turned-foe is slated to take over from him. 

So, in a sense, nothing is expected to change. The coterie that was behind Mugabe is still calling shots. And Mnangagwa for Mugabe! Well, that is not a change in real terms. 

But that should not take away the rare event of freedom and celebration that Zimbabweans have got after for 37 years, ever since the country came into existence after its independence in 1980. That was the year when their revolutionary hero, Robert Mugabe, who was also trained as a teacher, took over the reins of the country. 

But a revolutionary who quickly showed his colours, like most of the revolutionaries around the world have done, be it in USSR or in China or in Cuba or in many other countries, and clung to power like a leech. The next decades were testimony to his fiefdom; bleeding and humiliating a nation like even most dictators fail to do.  Going of such a person in such a humiliating way is a befitting healing touch for their wounds. 

So, they will see what happens tomorrow. For the moment, let them bask in the glory of people power, even if it is symbolic, for they have got this healing touch after decades. The day, the event, has come as a ‘dream come true’ for them. 

For them at the moment, they are speaking and Mugabes are silent, and it is what matters for them. 

©SantoshChaubey

LIFE KALEIDOSCOPIC – HINGED CHAOS!

LIFE KALEIDOSCOPIC – HINGED CHAOS!

©SantoshChaubey

LIFE KALEIDOSCOPIC – COLOURS!

LIFE KALEIDOSCOPIC – COLOURS!

©SantoshChaubey

LIFE KALEIDOSCOPIC – PARADOXED!

LIFE KALEIDOSCOPIC – PARADOXED!

©SantoshChaubey

A LIFE KALEIDOSCOPIC - DASHASHWAMEDH GHAT: VARANASI VIBES

IN GOD’S OWN CITY

DASHASHWMEDH GHAT

A LIFE KALEIDOSCOPIC

VARANASI VIBES

INDIA’S OLDEST LIVING CITY – INDIA’S HERITAGE AND CULTURAL CAPITAL – AND THE WORLD’S SPIRITUAL CAPITAL THROUGH RANDOM CLICKS

©SantoshChaubey

A LIFE KALEIDOSCOPIC - DASHASHWAMEDH GHAT: VARANASI VIBES

IN GOD’S OWN CITY

DASHASHWMEDH GHAT

A LIFE KALEIDOSCOPIC

VARANASI VIBES

INDIA’S OLDEST LIVING CITY – INDIA’S HERITAGE AND CULTURAL CAPITAL – AND THE WORLD’S SPIRITUAL CAPITAL THROUGH RANDOM CLICKS

©SantoshChaubey

INDIAN CONSTITUTION AND ENVIRONMENT

Framers of our Constitution had realized a developing India, as the time moves on, will present before its citizens many issues that were immaterial or unheard of in those days. And that is why they gave us a comprehensive document that touches every part of our society, the individual, the community, the administration and the government. What is remarkable is the fact that every new challenge, every new issue can be interpreted in terms of the guidelines mentioned in the Constitution as mentioned in its preface, “Constitution is a living document, an instrument which makes the government system work.”

One such issue is environment. Pollution has reached to threatening levels in our country with 13 of the world’s 20 most polluted cities being Indian. Pollution is not something that has come into public psyche just now. It has had history of its own, especially in the aftermath of the industrial revolution in Europe in 18-19^th Century coupled with the advent of fossil fuels. The world can never forget the Great Smog of London in 1952 that killed over 4000.

The framers of our Constitution deliberated on these issues and gave us safeguards that would continue to defence us, through the custodians of the Constitution, the Judiciary, even if the governments continue to fail us on environment and pollution. What can be a more apt testimony to this ‘Constitution is a living document’ spirit than the fact that our courts, including the Supreme Court, have, from time to time, have reminded the government and the industry that, though not directly mentioned, ‘Right to Environment’ is a Fundamental Right under Article 14, 19 and 21. 

The Constitution empowers the citizens and the courts by ensuring ‘remedies for enforcement of rights it confers’ as defined by the Article 32 – “The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part (Fundamental Rights) is guaranteed” – or by the Article 226 in case of the High Courts.

Apart from the Fundamental Rights, our Constitution also comprehensive lays down guidelines to protect the environment at each level – be it an individual or society (Fundamental Duties) or the administration and government level (Directive Principals of State Policy).

INDIVIDUAL/SOCIETY -PART IVA OF THE CONSTITUTION – THE FUNDAMENTAL DUTIES

Article 51A (G): It shall be the duty of every citizen of India—

·         To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;

THE STATE – PART IV – DIRECTIVE PRINCIPALS OF STATE POLICY

Article 43: The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.

Article 47: The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.

Article 48A: The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.]

THE ADMINISTRATION - PART IXA OF THE CONSTITUTION - THE MUNICIPALITIES

District Planning Committee

Article 243ZD (3A): Every District Planning Committee shall, in preparing the draft development plan — have regard to —

(i) matters of common interest between the Panchayats and the Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation.

Metropolitan Planning Committee

Article 243ZE (3): Every Metropolitan Planning Committee shall, in preparing the draft development plan — have regard to—

(ii) matters of common interest between the Municipalities and the Panchayats, including co-ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation.

©SantoshChaubey

PAKISTANI PROPAGANDA ACCUSES INDIA OF RUNNING A CELL TO SABOTAGE CPEC

The article originally appeared on India Today. 

Pakistan has long been accusing India of trying to sabotage the China Pakistan Economic Corridor (CPEC). Top Pakistani politicians and army generals have been blaming India for staging attacks in Pakistan through its external intelligence agency, the Research and Analysis Wing (RAW). Obviously, all this has been without proof.

But now the Pakistani propaganda has gone a step ahead by incorporating figures like when India founded this so called anti-CPEC cell and how much fund was allocated to it. General Zubair Mahmood Hayat, Chairman Joint Chiefs of Staff Committee of Pakistan, while addressing an event in Islamabad today, charged India of running a cell to disrupt the CPEC.

“RAW established a new cell with a special allocation of over $500 million in 2015 to sabotage CPEC projects in Pakistan,” a Dawn report quoted him saying. While addressing an event in Islamabad, he further said, “India's indirect interference in Pakistan is manifested in sponsoring Tehreek-i-Taliban-Pakistan (TTP), Baloch and other sub-nationalist outfits and many other terrorist groups.”  

Now the world can see through such baseless allegations coming from a country that is seen as a safe haven for terrorists and is increasingly becoming isolated in the world for this very reason, especially when it is against India, the world’s largest democracy, a growing global power, both economically as well as militarily and a responsible geopolitical entity.

It is Pakistan, in fact, that has been giving shelter to India’s and the world’s most wanted like Lashkar-e-Taiba’s Hafiz Saeed, Jaish-e-Mohammed’s Masood Azhar, Dawood Ibrahim and is main terror exporter to India, a fact that major world powers including the US and UK have started accepting. How can the world forget that Al Qaeda chief Osama bin Laden was in hiding in Pakistan for years before he was hunted down and killed? How can Pakistan convince the world that it is not home to the Taliban and Al Qaeda factions and the Haqqani Network?

While the ruling Pakistani elite have been brazenly lying about establishing peace in their country and browbeating their propaganda to the world to tell that they have wiped out every terror outfit, the fact is, this year alone, over 450 civilians and around 200 security forces personnel have lost their lives in over 100 incidents in the country, data from South Asia Terrorism Portal shows.

WHY INDIA IS OPPOSED TO THE CPEC

China’s One Belt One Road initiative aims to de velop economic corridors in Asia, Africa and Europe, something that India is opposed to as one of such corridors, the CPEC. India is opposed to CPEC because a part of it passes through Pakistan-occupied-Kashmir that is legally India’s. For strategic reasons also, India doesn’t welcome a Chinese presence just across the border in a disputed territory that India considers its own.

CPEC, AN INTERNAL SECURITY NIGHTMARE FOR PAKISTAN

Pakistan sees the CPEC, a long term $75 billion project from Gwadar port in Balochistan to Kashgar China’s Xinjiang province, as the next big thing in the nation’s history that will transform it into of hub and economic activity in this part of Asia.

But the fact is, it passes through many restive regions of Pakistan including Pakistan-occupied-Kashmir (PoK) and Balochistan and terrorists groups that are hostile to China, including TTP and Al Qaeda, have threatened to attack Chinese investments in the corridor to avenge the so-called atrocities against Uygur Muslims in Xinjiang province.

Then there are ethnic people of areas the CPEC passes through who are opposed to it. A combine of religious groups in Gilgit Baltistan has demanded the complete removal of Pakistan’s Army from its soil.

Baloch people, who are fighting the Pakistani establishment for their freedom and have long been accusing Pakistan of exploiting their province, see the CPEC as yet another tool to exploit the Baloch people. Baloch nationalists blame Pakistan for forcefully acceding their province. Pakistani security forces are alleged to have killed thousands of Baloch people. Reports of rape, torture and disappearances are common. Baloch people say they are ethnically different from Pakistanis and are demanding freedom or autonomy to decide their own affairs.

How bad is the security scenario in the CPEC regions also reflects in the fact that Pakistan has raised a Special Security Division (SSD) of 15000 soldiers to protect some 7000 Chinese individuals and CPEC installations that are coming up. This is when the project has just begun. The CPEC was proposed in 2013 and an agreement between Pakistan and China was signed in May 2013.  

©SantoshChaubey

SUPREME COURT: SHUTTING DOWN INDUSTRIES A PRICE TO PAY FOR RIGHT TO LIVE IN HEATHY ENVIRONMENT

The killer smog of Delhi has again forced us think where are we heading with rapid industrialisation of our country and its reflection in the society, especially when the governments have failed to take effective corrective measures to check the worsening situation and we are looking again to our courts, the custodians of our Constitution and thus the guarantor of our lives, for relief.

While the National Green Tribunal (NGT) today rapped the Delhi Government again as it failed to come up with a concrete plan to deal with Delhi pollution in spite of the smog continuing for over a week, the Supreme Court of India agreed to hear later today a plea on alarming level of pollution in Delhi and the National Capital Region (NCR). While accepting the pea filed by Supreme Court lawyer RK Kapoor, Chief Justice Dipak Misra observed that the problem had reached to such levels that it could no longer be ignored.

The higher courts, led by the Supreme Court of India, have, from time to time, worked as environmental watchdogs reminding the government and the industry where to draw the line whenever pollution reaches to alarming levels threatening the ecological balance. The Supreme Court, in fact, way back in 1988 had clearly laid out that if pollution by industries reached to an alarming level, they must be shut down irrespective of the investment made in them and their importance for making products useful for society.

RURAL LITIGATION & ENTITLEMENT KENDRA VS STATE OF UTTAR PRADESH – AUGUST 30, 1988

(DEHRADUN QUARRYING CASE)

This case was a first where the Supreme Court, concerned by environmental degradation and ecological imbalance it could have caused, passed a landmark order to stop illegal mining. Through this judgement, the apex court tried to define the limit up to which natural resources (here forest) could be exploited to meet the demands of industry and development.

The case goes back to 1980s. Decades of mining in limestone quarries of the Dehradun Valley stripped the Himalayan Mountains of green vegetation in the state of Uttar Pradesh (now Uttarakhand) against which the Rural Litigation and Entitlement Kendra, an NGO, wrote a letter to the Supreme Court in 1983.

The court treated the letter as a writ-petition starting thus a series of hearings which finally ended in a verdict that for the first time dealt comprehensively with environment review, assessment of national needs from mining activities and reforestation of the affected area.

While delivering the verdict, the court came down heavily on the mining industry of the area, closed their operations and said it was a price that had to be paid to ensure the right to healthy environment, "The consequence of this Order made by us would be that the lessees of lime stone quarries which have been directed to be closed down permanently under this Order or which may be directed to be closed down permanently after consideration of the report, would be thrown out of business in which they have invested large sums of money and expanded considerable time and effort. This would undoubtedly cause hardship to them but it is a price that has to be paid for protecting and safeguarding the right of the people to live in healthy environment with minimal disturbance of ecological balance and without avoidable hazard to them and to their cattle, homes and agricultural land and undue affectation of air, water and environment."

The apex court also put the government’s responsibility in clear terms while passing the order under the recently enacted Environment (Protection) Act of 1986, "Maintenance of the environment and ecological balance was the obligation of the State and the Central Governments."

©SantoshChaubey

RIGHT TO HEALTHY ENVIRONMENT: CASE OF DEHRADUN LIMESTONE QUARRIES

RURAL LITIGATION & ENTITLEMENT KENDRA VS STATE OF UTTAR PRADESH - AUGUST 30, 1988

(DEHRADUN QUARRYING CASE)

This case was a first where the Supreme Court, concerned by environmental degradation and ecological imbalance it could have caused, passed a landmark order to stop illegal mining. Through this judgement, the apex court tried to define the limit up to which natural resources (here forest) could be exploited to meet the demands of industry and development. 

The case goes back to 1980s. Decades of mining in limestone quarries of the Dehradun Valley stripped the Himalayan Mountains of green vegetation in the state of Uttar Pradesh (now Uttarakhand) against which the Rural Litigation and Entitlement Kendra, an NZGO, wrote a letter to the Supreme Court in 1983. 

The court treated the letter as a writ-petition starting thus a series of hearings which finally ended in a verdict that for the first time dealt comprehensively with environment review, assessment of national needs from mining activities in the Dehradun Region and reforestation of the area. Pressing on the need to assess ecological balance and pollution due to the limestone quarries, the court had also appointed an Expert Committee.

The court came down heavily on the mining industry of the area, closed their operations and said it was a price that had to be paid to ensure the right to healthy environment, "The consequence of this Order made by us would be that the lessees of lime stone quarries which have been directed to be closed down permanently under this Order or which may be directed to be closed down permanently after consideration of the report, would be thrown out of business in which they have invested large sums of money and expanded onsiderable time and effort. This would undoubtedly cause hardship to them but it is a price that has to be paid for protecting and safeguarding the right of the people to live in healthy environment with minimal disturbance of ecological balance and without avoidable hazard to them and to their cattle, homes and agricultural land and undue affectation of air, water and environment. "

The apex court also put the government’s responsibility in clear terms while passing the order under the recently enacted Environment (Protection) Act of 1986, “Maintenance of the environment and ecological balance was the obligation of the State and the Central Governments.” 

©SantoshChaubey

RIGHT TO HEALTHY ENVIRONMENT: SHRIRAM GAS LEAK CASE

M.C. MEHTA VS UNION OF INDIA & OTHERS - DECEMBER 20, 1986

(THE SHRIRAM GAS LEAK CASE)

Shri Ram Food and Fertilizers (SFF) was a DCM subsidiary, in fact one of its most profitable ventures. It had various units housed in single complex producing Chlorine and other chemicals. The facility was surrounded by thickly populated localities like West Patel Nagar, Punjabi Bagh, Tri Nagar, Shastri Nagar, Ashok Vihar and Karampura.

In December 1985, oleum gas, that was used in making DDT, leaked from a tank of the SFF factory and soon spread to the populated areas around the factory. The aftermath saw around 700 people being hospitalised for eye irritation and respiratory symptoms and death of a lawyer seven Kms away from the factory, at the Tis Hazari court complex.

The Supreme Court, taking a tough stand in the case, for the first time laid down the principal of absolute liability holding the SFF responsible for putting people’s life at risk by compromising environment. The court observed,

“….gas is admittedly dangerous to life and health. If the gas escapes either from the storage tank or from the filled cylinders or from any other point in the course of production, the health and wellbeing of the people living in the vicinity can be seriously affected. Thus Shriram is engaged in an activity which has the potential to invade the right to life of large sections of people.”

Refuting all the contentions made by the DCM that since it was a private corporation, it could not come under the ambit of activities affecting the Article 21, the apex court went on to enlarge its scope including the right to healthy environment as it directly affected the quality of human life. While accepting the compensation claims made in the case, it said the “applications for compensation were for enforcement of the fundamental right to life enshrined in Article 21 of the Constitution and while dealing with such applications, the court could not adopt a hypertechnical approach which would defeat the ends of justice.”

©SantoshChaubey

DID INDIA LET US INSPECT RUSSIAN AIRCRAFT CARRIER AND SUBMARINE IT LEASED?

A report in RT has alleged that India has compromised an aircraft carrier and a submarine it leased from Russia. 

The report quoting Russia’s Kommersant daily says India first allowed a US Navy delegation to visit the aircraft carrier INS Vikramaditya, originally a Kiev class Russian aircraft carrier known as Admiral Gorshkov. Prime Minister Narendra Modi dedicated the mighty war machine to the nation in June 2014. The US Navy delegation visit was opposed by the Russian officials who also issued a note of protest. 

The report further says after the INS Vikramaditya Incident, another US delegation visited INS Chakra, a submarine originally known as Nerpa that India leased from Russia in 2012 for 10 years. INS Chakra is an Akula class nuclear powered attack submarine. 

The report that is based on a high ranking military source said “there were well-trained technical specialists among the US delegation, so they got hold of some of the information anyway” and warns that “this string of incidents may have a negative impact on defence cooperation between the two countries, which has been successfully developing over the past five years.” 

Calling it an “unprecedented scandal” unfolding between India and Russia, the report writes that Russia is preparing for retaliatory measures with “a lot of questions” and difficult talks ahead” and such “unfriendly acts towards Russia” will be high on the agenda during the visit of Russian Deputy Prime Minister Dmitry Rogozin next month. 

Though India has recently ramped up its defence ties with the United State, Europe and Israel, Russia, India’s major defence supplier for over four decades, still remains India’s largest supplier accounting for around 68 per cent of India’s arms import between 2012 and 2016, a report from Stockholm International Peace Research Institute (SIPRI) says. Russia 

India’s is the world’s largest importer account for 14 per cent of global arms trade and Russia has been the major winner of the Indian defence contracts in the last three years. Both the US and Russia are vying to gain primacy in defence ties with India and the US, in fact, became India’s largest arms supplier in 2013-14 with defence deals worth $1.9 Billion. 

©SantoshChaubey 

PRADYUMAN MURDER CASE: HOW THE PINTOS HAVE GOT THEM BAILED SO FAR

BOMBAY HIGH COURT

SEPTEMBER 11: AUGUSTINE PINTO AND GRACE PINTO, FOUNDERS AND TRUSTEES OF THE RYAN GROUP OF INSTITUTIONS AND THEIR SON RYAN PINTO, CEO AND TRUSTEE OF THE RYAN GROUP, MOVED TO THE BOMBAY HIGH COURT SEEKING TRANSIT ANTICIPATORY BAIL – THEY SOUGHT PROTECTION FROM ARREST TILL THEY APPROACHED THE CONCERNED COURT (PUNJAB & HARYANA HIGH COURT IN THIS CASE) TO FILE THEIR REGULAR ANTICIPATORY BAIL PLEAS. 

SEPTEMBER 12: THE BOMBAY HIGH COURT GRANTED AUGUSTINE PINTO AND GRACE PINTO PROTECTION FROM ARREST TILL SEPTEMBER 13. RYAN PINTO’S PLEA WAS NOT LISTED.

SEPTEMBER 13: PRADYUMAN’S FATHER MOVE TO THE BOMBAY HIGH COURT SEEKING TO OPPOSE THE PINTOS’ ANTICIPATORY BAIL PLEA – THE COURT EXTENDED STAY ON ARREST TILL SEPTEMBER 14 AS REQUIRED SUBMISSIONS IN THE CASE COULD NOT BE MADE.

SEPTEMBER 14: THE BOMBAY HIGH COURT REJECTED THE PLEA OF RYAN PINTO AND HIS PARENTS FOR THE TRANSIT PRE-ARREST BAIL BUT GRANTED THEM PROTECTION FROM ARREST TILL SEPTEMBER 15 TO ENABLE THEM TO FILE PLEA IN PUNJAB & HARYANA HIGH COURT ON SEPTEMBER 16.

PUNJAB & HARYANA HIGH COURT

SEPTEMBER 16: RYAN PINTO AND HIS PARENTS APPROACHED THE PUNJAB & HARYANA HIGH COURT, SEEKING ANTICIPATORY BAIL.

SEPTEMBER 20: THE HIGH COURT ISSUED NOTICE TO THE HARYANA POLICE SEEKING ITS RESPONSE ON THE ANTICIPATORY BAIL PLEA FILED BY THE RYAN OWNERS.

SEPTEMBER 22: CBI TOOK OVER INVESTIGATION IN THE CASE.

SEPTEMBER 25: THE PUNJAB & HARYANA HIGH COURT MADE CBI A PARTY IN THE PETITION SEEKING ANTICIPATORY BAIL.

SEPTEMBER 28: THE HIGH COURT STAYED THE ARREST OF THE THREE RYAN TRUSTEES TILL OCTOBER 7.

OCTOBER 7: ANTICIPATORY BAIL GRANTED TO THE PINTO FAMILY TILL DECEMBER 5 BY THE PUNJAB & HARYANA HIGH COURT.

PRADYUMAN’S FATHER MOVES THE SUPREME COURT

OCTOBER 3: PRADYUMAN’S FATHER MOVED THE SUPREME COURT SEEKING CANCELLATION OF THEPINTOS’ ANTICIPATORY BAILS BY SETTING ASIDE THE PUNJAB & HARYANA HIGH COURT ORDER.

OCTOBER 13: THE SUPREME COURT ISSUED NOTICE TO THE PINTOS AND THE CBI ON THE PLEA OF PRADYUMAN’S FATHER. 

NOVEMBER 6: WHILE GRANTING INTERIM BAIL TO THE PINTOS, THE APEX COURT ASKED THE PUNJAB & HARYANA HIGH COURT TO DECIDE ON THE MATTER IN 10 DAYS (BY NOVEMBER 16).

©SantoshChaubey 

PRADYUMAN THAKUR KILLING | WHY THE PINTOS, THE RYAN INTERNATIONAL GROUP'S OWNERS, AREN'T IN JAIL

The article originally appeared on India Today. 

Pradyuman Thakur, a Class 2 student at Gurgaon's Ryan International school, was found killed in a washroom on the school premises at around 7 am on September 8. The school belonged to the Ryan International Group, a chain of educational institutions, founded by Augustine Pinto and Grace Pinto. Their son, Ryan Pinto, is the group's CEO.

The gruesome murder had created national outrage, forcing the Pintos - who have had history of changing political affiliations with shifting power equations in Mumbai and Delhi - to seek anticipatory bail. That happened after some senior officials of the Ryan Group of Institutions were arrested.

Ryan Pinto was widely criticized for being insensitive when he tried to portray his family as being victimised in the case. To add to the Pinto's problems, the CBI made a sensational claim: it informed the Punjab and Haryana High Court on October 7 that it had prima facie found that Ryan Pinto could possibly be involved in a conspiracy behind the murder of Pradyuman and its abetment, and in the destruction of evidence. The Haryana Police initially investigated the case and claimed to have cracked it by arresting a bus conductor who worked for the school. But many, including Pradyuman Thakur's parents, weren't ready to accept that the conductor was guilty. Increasing pressure forced the Haryana government to transfer the probe to the CBI.

And today, the CBI give a clean chit to the bus conductor. The agency found that a class XI student of Ryan International had killed Pradyuman. Until today, that student was one the Haryana Police's prime witnesses.

And why did the student - allegedly - kill Pradyuman? The CBI theory says he wanted to get exams postponed, and thought he could make that happen by murdering someone.

Now, whether the Haryana Police could not handle the pressure and claimed to crack the case in sheer desperation or whether there was something else behind it, can only be determined after further investigation. But while all this has happened, the Ryan International Group's owners - the Pintos - have filed multiple bail applications, and ultimately secured it.

Today's revelation will certainly give the Pintos a breather, especially on the charges of abetment and murder. But the destruction of evidence by the Pintos to cover up the crime and save their organization from infamy still can't be ruled out.

Here's a timeline that tracks what the Pintos have done in the weeks that followed the murder of Pradyuman Thakur.

BOMBAY HIGH COURT

September 11: Augustine, Grace and Ryan Pinto move the Bombay High Court seeking transit anticipatory bail: they seek protection from arrest until they approach the concerned court (The Punjab and Haryana High Court in this case) to file their regular anticipatory bail pleas.

September 12: The Bombay High Court grants Augustine Pinto and Grace Pinto protection from arrest till September 13. Ryan Pinto's plea isn't listed.

September 13: Pradyuman's father moves the Bombay High Court seeking to oppose the Pintos' anticipatory bail plea. The court extends the stay on arrest till September 14, as the required submissions couldn't be made.

September 14: The Bombay High Court rejects the plea of Ryan Pinto and his parents for the transit pre-arrest bail, but grants them protection from arrest till September 15 - to enable them to file plea in the Punjab and Haryana High Court on September 16.

PUNJAB & HARYANA HIGH COURT

September 16: Ryan Pinto and his parents approach the Punjab and Haryana High Court seeking anticipatory bail.

September 20: The court issues a notice to the Haryana Police, seeking its response on the plea.

September 22: CBI takes over the investigation in the murder case.

September 25: The Punjab and Haryana High Court makes the CBI a party in the Pintos' petition.

September 28: The High Court stays the arrest of the three Ryan trustees till October 7.

October 7: The court grants the Pinto family anticipatory bail till December 5

PRADYUMAN THAKUR'S FATHER MOVES THE SUPREME COURT

October 3: Pradyuman's father moves the Supreme Court seeking cancellation of the Pintos' anticipatory bail.

October 13: The Supreme Court issues a notice to the Pintos and the CBI

November 6: While granting interim bail to the Pintos, the apex court asks the Punjab and Haryana High Court to decide on the matter in 10 days (by November 16).

©SantoshChaubey

INDIA'S BLACK MONEY CHRONICLES: THE LIECHTENSTEIN LIST AND INDIAN NAMES

The article originally appeared on India Today. 

Liechtenstein is a tiny landlocked principality between Switzerland and Austria. The 160 Sq. Km. country that is almost one-tenth of Delhi’s 1500 Sq. Km. is known as a tax haven and its 38000 residents owe much of its wealth to illegal financial transactions through it’s over a dozen banks and many trusts. Liechtenstein is one of the richest countries of the world with its GDP per capita ($179,478.58) being highest in the world. 

Earlier this year, on March 21, Finance Minister Arun Jaitley informed the Rajya Sabha during the Question Hour that the probe into the Indian names stashing black money in Liechtenstein banks was complete and undeclared income of around Rs 6500 crore was found.  

The Liechtenstein scandal broke in February 2008 when a bank employee sold incriminating data to various countries containing names of account holders. In March 2009, under Indo-Germany Double Taxation Avoidance Convention, India got a list from the German government with names and details of Indians having accounts in Liechtenstein’s LGT Bank. 

Since then, there have been many reports of Indians stashing their wealth in Liechtenstein, creating controversies and becoming a source of political mud-slinging in the country. From time to time, many news organisations have dug in and published list of account holders but there had been no clear official word about it from the Government of India until the Supreme Court forced it to do so.  

Though the government launched a probe on the list provided by Germany, it never looked in hurry to take it to a logical conclusion. It, in fact, desisted from making the names public in the name of confidentiality clause with Germany and even resisted the Supreme Court order for three years before finally giving in. 

The Supreme Court, in its July 4, 2011 order, had clearly laid out directives to make the names in the LGT list public and to constitute a Special Investigating Team (SIT) to comprehensively investigate the black money issue while hearing a petition filed by Ram Jethmalani and five others in the Supreme Court in 2009 to direct the government to recover the money stashed by Indians in foreign banks. The petition was filed against the Union of India, the Reserve Bank of India (RBI), the Securities Exchange Board of India (SEBI), the Enforcement Directorate (ED) and the Central Board of Direct Taxes (CBDT). 

On April 29, 2014, then Manmohan Singh’s United Progressive Alliance (UPA) government, submitted an affidavit the Supreme Court revealing names of 18 people. The affidavit also named the trusts involved. While prosecution had been initiated against them, the centre also informed the court that it had found no grounds of tax evasion in eight other cases and requested not to make them public. 

Ambrunova Trust and Marline Management: Manoj Dhupelia and Rupal Dhupelia, Bhavya Manoj Dhupelia, Mohan Manoj Dhupelia, Ambrish Manoj Dhupelia

Manichi Trust: Hasmuk Ishwarlal Gandhi, Chintan Hasmukh Gandhi, Madhu Hasmukh Gandhi, Late Mirav Hasmukh Gandhi

Ruvisha Trust: Rajesh Chandrakant Gandhi, Chandrakant Ishwarlal Gandhi, Viraj Chandrakant Gandhi, Dhanalaxmi Chandrakant Gandhi 

Dainese Stiftung Trust: Arunkumar Ramniklal Mehta 

Dryade Satiftunf Trust: Harshad Ramnikal Mehta

Webster Foundation: KM Mammen

Urvashi Foundation: Arun Kochhar

Raj Foundation: Ashok Jaipuria

WHAT CENTRE SAID IN ITS AFFIDAVIT 

“It is respectfully submitted that the information regarding deposits/outstanding amounts in the accounts maintained by 12 trusties/entities with LGT bank in Liechtenstein was received by government from German tax authorities in March 2009 under the Indo-Germany Double Taxation Avoidance Convention.” 

“The 12 trusts/entities involved 26 individuals of Indian origin. Out of the 26 cases, investigations in 18 cases have been concluded by the I-T department and prosecutions have been launched in 17 cases (one tax payer has expired).” 

BLACK MONEY SIT 

But the UPA government still did not come up with any word on forming the black money SIT. It, in fact, tried all to kill the issue. First it resisted any notion of forming the SIT during hearings but when it failed, the government filed an application to recall the entire 2011 verdict which was also dismissed by the apex court on March 26, 2014. But to stall the SIT formation, the UPA government again filed a review petition on May 8, 2014. It was also bound to be dismissed by the Supreme Court as it too had highlighted the same grounds as in its earlier appeals. 

The 2014 parliamentary elections ousted the Manmohan government and Delhi’s power corridors were replaced by the National Democratic Alliance (NDA) government led by Narendra Modi which, in its first official decision, constituted the black money SIT to headed by Justice (Retd.) M.B. Shah.

©SantoshChaubey