HOME TRUTHS MAID IN INDIA India has just signed a UN convention to give new rights to its 4.75 million maids. How will this affect the middle class? And how will the new guidelines work on the ground, asks Saira Kurup Given a choice, Sapna Maudgal would rather do without her full-time maid. But holding daytime jobs, the techie and her doctor husband have little choice but to depend on Neelima, 20, to take care of their six-year-old daughter and the house. "We had to pay Rs 20,000 to the agency as registration, and her salary is Rs 3,500. That's quite a sum for us, and she's not that well-trained too," says Sapna. Neelima might be having a relatively safe working environment, but lakhs of others in the country, mostly women, sweep and swab in the domestic space, sometimes for long hours and in abusive environments. In India, official estimates talk of 4.75 million workers employed in private households. NGO estimates point to up to 20% of the total workforce in India being employed in domestic work and that one-fifth of them are working full-time. It's for improving the lot of this large vulnerable section that India and 469 other countries signed a convention in Geneva recently under the aegis of the International Labor Organization. The convention requires governments to bring domestic workers within the ambit of labour legislations on minimum wage, working hours, day of rest in a week, overtime wages, terms of employment, social security, and maternity protection. It also contains detailed requirements for governments to regulate private employment agencies, investigate complaints and lays down special measures for migrant workers. But how would it be implemented? Would employers be willing to see them as "workers" and not "servants" or even "family members" who are at their beck and call 24x7? Who would regulate the working conditions of a part-time worker who works, say, five houses in a day? Ravi Wig, president of the Employers Federation of India, who was the only Indian representative to vote against the convention in Geneva, says, "I think the first requirement is employment generation in a country where 25 crore people are unemployed. The best social security is to give a man a job. Also, imagine that you are at work, your mother is alone at home, and an inspector from the labour department comes to check the working conditions of the domestic worker. I felt it was premature." That invasion of the private space is probably what's spooking employers. Father Jose Vattakuzhy, secretary of the commission for labour of the Catholic Bishops Conference of India, which is helping the government in the drafting a national policy on domestic workers, says, "They feel that when we standardize domestic work, our homes will become the workplace." He adds that employers had been opposing the extension of the Rashtriya Swasthya Bima Yojana to domestic workers, but he's happy now that the government has done the needful. Not all employers share such reservations. Delhi homemaker Vimala Prasad says, "Domestic workers are likely to give their 100% only when they know that they are being taken care of." Some years ago, says Vimala, her husband bought life insurance policies for the full-time maid and her child, and even paid the premium during the time she worked for them. Activists are hoping that more such employers show see their domestic helps as workers and less as "kaamwali" and "naukrani". Sister Christy, national coordinator of the National Domestic Workers' Movement that is campaigning for dignity in domestic work, says, "Domestic workers are not included in the Minimum Wage Schedule; there are no welfare boards for them in many states and they are deprived of social security. We have a long way to go to achieve the aim of dignifying domestic work. The government should take responsibility to give social security, pension, define working hours, and introduce a comprehensive legislation." But official attempts at establishing equity have been lethargic. "It's three years since Maharashtra passed the Domestic Workers Welfare Board Act, but the board has not started functioning. It's not been decided who would be the members. We get promises but nothing concrete has been done," says Sister Christy. Some states like Kerala and Tamil Nadu have either included domestic workers in the minimum wage schedule or included them in social security schemes etc, but that's simply too little. Baijnath Rai, general secretary of the Bharatiya Mazdoor Sangh, who was the Indian representative of workers at the Geneva meet, points out, "Even if the government ratifies the convention fast, it would take the law at least a year-and-a-half to come into effect. Just think, of the 188 conventions India has ratified, it has implemented only 43 so far." However, more than any number of laws, it would be the attitudinal change that's urgent. Sapna Maudgal is not too happy about the fixed hours of work or the overtime wages clause. But the representative of a placement agency in Gurgaon that provides domestic workers to expats, diplomats and the upper middle class, is optimistic: "Some clients might even consider giving health benefits if it's economically viable. Already, many clients are sending their cooks to culinary classes to upgrade their skills." Isn't charity, after all, expected to begin at home? AND WHAT ABOUT THOSE ABROAD? The lure of fat salaries and a good life take a number of Indian domestic workers abroad, to work for Indian families there. Many a time, it's a happy arrangement for both parties. But there are also whispers about abuse and harassment of workers which often go unreported. And, sometimes, these cases make headlines as with Prabhu Dayal, the Indian consul-general in New York, who has been accused of forced labour and harassment. "The laws are weak" to handle such cases, says human rights activist and advocate Asim Sarode. He cites the 2008 case of a domestic worker Kalpana Salunke who was working for a Indian couple in Spain. "She faced a lot of abuse by the male employer and a Spanish friend of his. Her hands were tied behind her back and she was given electric shocks. That's when she ran away," Sarode says. Salunke tried to file a case with the Spanish police, but it being a Friday evening, with the police stations reportedly closed for the weekend, she could not do so. Her employers, on coming to know that she had taken refuge in an Indian club, came and immediately put her on a flight to India. "We have sent complaints to the Spanish police but the family is absconding since then. Now we have filed a complaint with the CBI and are planning to approach the Supreme Court," says Sarode. At the national level, activists have been protesting the exclusion of domestic workers from the purview of the sexual harassment in the workplace Bill, meant for protection of women. Father Jose Vattakuzhy, secretary of the Catholic Bishops' Conference of India's commission for labour, says, "It's a sad thing. Our worker representatives have met Sonia Gandhi and spoken to her about it." Urvashi Sharma, president of Lucknow-based group Yaishwaryaj, has been running an online campaign for the inclusion of domestic workers in the Bill. She says, "One of the objections being made is that some of the harassment cases by domestic workers are false – how would we deal with them? But even in the genuine cases, there's little action. Mostly, the worker is asked to reach a compromise."   -- Urvashi Sharma RTI Helpmail( Web Based ) aishwaryaj2010@gmail.com Mobile Rti Helpline 8081898081 ( 8 A.M. to 10 P.M. ) |
Wednesday, June 29, 2011
HOME TRUTHS :MAID IN INDIA :Publication: The Times Of India Delhi; Date: Jun 26, 2011; Section: Deep Focus; Page: 15
HOME TRUTHS : MAID IN INDIA : Publication: The Times Of India Delhi; Date: Jun 26, 2011; Section: Deep Focus; Page: 15
| Publication: The Times Of India Delhi; | Date: Jun 26, 2011; | Section: Deep Focus; | Page: 15 |
HOME TRUTHS MAID IN INDIA India has just signed a UN convention to give new rights to its 4.75 million maids. How will this affect the middle class? And how will the new guidelines work on the ground, asks Saira Kurup
Given a choice, Sapna Maudgal would rather do without her full-time maid. But holding daytime jobs, the techie and her doctor husband have little choice but to depend on Neelima, 20, to take care of their six-year-old daughter and the house. "We had to pay Rs 20,000 to the agency as registration, and her salary is Rs 3,500. That's quite a sum for us, and she's not that well-trained too," says Sapna.
Neelima might be having a relatively safe working environment, but lakhs of others in the country, mostly women, sweep and swab in the domestic space, sometimes for long hours and in abusive environments. In India, official estimates talk of 4.75 million workers employed in private
households. NGO estimates point to up to 20% of the total workforce in India being employed in domestic work and that one-fifth of them are working full-time.
It's for improving the lot of this large vulnerable section that India and 469 other countries signed a convention in Geneva recently under the aegis of the International Labor Organization. The convention requires governments to bring domestic workers within the ambit of labour legislations on minimum wage, working hours, day of rest in a week, overtime wages, terms of employment, social security, and maternity protection. It also contains detailed requirements for governments to regulate private employment agencies, investigate complaints and lays down special measures for migrant workers.
But how would it be implemented? Would employers be willing to see them as "workers" and not "servants" or even "family members" who are at their beck and call 24x7? Who would regulate the working conditions of a part-time worker who works, say, five houses in a day? Ravi Wig, president of the Employers Federation of India, who was the only Indian representative to vote against the convention in Geneva, says, "I think the first requirement is employment generation in a country where 25 crore people are unemployed. The best social security is to give a man a job. Also, imagine that you are at work, your mother is alone at home, and an inspector from the labour department comes to check the working conditions of the domestic worker. I felt it was premature."
That invasion of the private space is probably what's spooking employers. Father Jose Vattakuzhy, secretary of the commission for labour of the Catholic Bishops Conference of India, which is helping the government in the drafting a national policy on domestic workers, says, "They feel that when we standardize domestic work, our homes will become the workplace." He adds that employers had been opposing the extension of the Rashtriya Swasthya Bima Yojana to domestic workers, but he's happy now that the government has done the needful.
Not all employers share such reservations. Delhi homemaker Vimala Prasad says, "Domestic workers are likely to give their 100% only when they know that they are being taken care of." Some years ago, says Vimala, her husband bought life insurance policies for the full-time maid and her child, and even paid the premium during the time she worked for them.
Activists are hoping that more such employers show see their domestic helps as workers and less as "kaamwali" and "naukrani". Sister Christy, national coordinator of the National Domestic Workers' Movement that is campaigning for dignity in domestic work, says, "Domestic workers are not included in the Minimum Wage Schedule; there are no welfare boards for them in many states and they are deprived of social security. We have a long way to go to achieve the aim of dignifying domestic work. The government should take responsibility to give social security, pension, define working hours, and introduce a comprehensive legislation."
But official attempts at establishing equity have been lethargic. "It's three years since Maharashtra passed the Domestic Workers Welfare Board Act, but the board has not started functioning. It's not been decided who would be the members. We get promises but nothing concrete has been done," says Sister Christy. Some states like Kerala and Tamil Nadu have either included domestic workers in the minimum wage schedule or included them in social security schemes etc, but that's simply too little.
Baijnath Rai, general secretary of the Bharatiya Mazdoor Sangh, who was the Indian representative of workers at the Geneva meet, points out, "Even if the government ratifies the convention fast, it would take the law at least a year-and-a-half to come into effect. Just think, of the 188 conventions India has ratified, it has implemented only 43 so far."
However, more than any number of laws, it would be the attitudinal change that's urgent. Sapna Maudgal is not too happy about the fixed hours of work or the overtime wages clause. But the representative of a placement agency in Gurgaon that provides domestic workers to expats, diplomats and the upper middle class, is optimistic: "Some clients might even consider giving health benefits if it's economically viable. Already, many clients are sending their cooks to culinary classes to upgrade their skills." Isn't charity, after all, expected to begin at home?
AND WHAT ABOUT THOSE ABROAD?
The lure of fat salaries and a good life take a number of Indian domestic workers abroad, to work for Indian families there. Many a time, it's a happy arrangement for both parties. But there are also whispers about abuse and harassment of workers which often go unreported. And, sometimes, these cases make headlines as with Prabhu Dayal, the Indian consul-general in New York, who has been accused of forced labour and harassment.
"The laws are weak" to handle such cases, says human rights activist and advocate Asim Sarode. He cites the 2008 case of a domestic worker Kalpana Salunke who was working for a Indian couple in Spain. "She faced a lot of abuse by the male employer and a Spanish friend of his. Her hands were tied behind her back and she was given electric shocks. That's when she ran away," Sarode says. Salunke tried to file a case with the Spanish police, but it being a Friday evening, with the police stations reportedly closed for the weekend, she could not do so. Her employers, on coming to know that she had taken refuge in an Indian club, came and immediately put her on a flight to India. "We have sent complaints to the Spanish police but the family is absconding since then. Now we have filed a complaint with the CBI and are planning to approach the Supreme Court,"
says Sarode.
At the national level, activists have been protesting the exclusion of domestic workers from the purview of the sexual harassment in the workplace Bill, meant for protection of women. Father Jose Vattakuzhy, secretary of the Catholic Bishops' Conference of India's commission for labour, says, "It's a sad thing. Our worker representatives have met Sonia Gandhi and spoken to her about it." Urvashi Sharma, president of Lucknow-based group Yaishwaryaj, has been running an online campaign for the inclusion of domestic workers in the Bill. She says, "One of the objections being made is that some of the harassment cases by domestic workers are false – how would we deal with them? But even in the genuine cases, there's little action. Mostly, the worker is asked to reach a compromise."
--
उर्वशी शर्मा
"सूचना का अधिकार " हेल्पलाइन: 8081898081
yaishwaryaj@gmail.com
Wednesday, June 15, 2011
UPSIC gets woman information commissioner
UPSIC gets woman information commissionerLUCKNOW: The UP State Information Commission (UPSIC) is getting a new incumbent and this time a woman. The notification declaring the appointment of Khadijatul Kubra as the new Information Commissioner (IC) reached UPSIC on Tuesday. The commission has 10 ICs. A post got vacant after the retirement of Gyanendra Sharma early this year. Though curtains are down on who will be the new IC, but yet there is no information regarding Kubras educational background. The notification introduces Kubra as the wife of MJ Akhtar, media advisor to the chief minister. When asked about the background of the new incumbent, Yogendra Singh, secretary, UPSIC, said, we only have this single line notification and can not say anything more on this. The state chief information commissioner and information commissioner are appointed by the governor on the recommendation of a committee consisting of the chief minister (who is also the chairperson), leader of opposition in legislative assembly and a cabinet minister to be nominated by the chief minister. However, Governor Office could not reveal much about the new appointee. While the information officer was not available for comment, GB Patnaik, principal secretary, governor, could not be contacted despite repeated attempts. The staff at his office, however, denied that any information on the new ICs educational and professional background was available at the office. Any information on this will only be available with the government, said the staff at Governor Office. The RTI Act clearly defines the eligibility norms for state chief information commissioner and information commissioners. The ICs shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance ". When will the new IC take oath is also not known. "We are trying to call her up but could not speak to her," said secretary, UPSIC. The RTI activists in UP, on the other hand, have sent a memorandum to the governor. We want the appointment of ICs to be a fair procedure, said activist Urvashi Sharma. http://timesofindia.indiatimes.com/city/lucknow/UPSIC-gets-woman-information-commissioner/articleshow/8856549.cms -- Urvashi Sharma RTI Helpmail( Web Based ) aishwaryaj2010@gmail.com Mobile Rti Helpline 8081898081 ( 8 A.M. to 10 P.M. ) |
UPSIC gets woman information commissioner
http://timesofindia.indiatimes.com/city/lucknow/UPSIC-gets-woman-information-commissioner/articleshow/8856549.cms
UPSIC gets woman information commissioner
TNN | Jun 15, 2011, 02.07am IST
LUCKNOW: The UP State Information Commission (UPSIC) is getting a new
incumbent and this time a woman. The notification declaring the
appointment of Khadijatul Kubra as the new Information Commissioner
(IC) reached UPSIC on Tuesday.
The commission has 10 ICs. A post got vacant after the retirement of
Gyanendra Sharma early this year.
Though curtains are down on who will be the new IC, but yet there is
no information regarding Kubras educational background.
The notification introduces Kubra as the wife of MJ Akhtar, media
advisor to the chief minister.
When asked about the background of the new incumbent, Yogendra Singh,
secretary, UPSIC, said, we only have this single line notification and
can not say anything more on this.
The state chief information commissioner and information commissioner
are appointed by the governor on the recommendation of a committee
consisting of the chief minister (who is also the chairperson), leader
of opposition in legislative assembly and a cabinet minister to be
nominated by the chief minister.
However, Governor Office could not reveal much about the new
appointee. While the information officer was not available for
comment, GB Patnaik, principal secretary, governor, could not be
contacted despite repeated attempts.
The staff at his office, however, denied that any information on the
new ICs educational and professional background was available at the
office. Any information on this will only be available with the
government, said the staff at Governor Office.
The RTI Act clearly defines the eligibility norms for state chief
information commissioner and information commissioners. The ICs shall
be persons of eminence in public life with wide knowledge and
experience in law, science and technology, social service, management,
journalism, mass media or administration and governance ".
When will the new IC take oath is also not known. "We are trying to
call her up but could not speak to her," said secretary, UPSIC. The
RTI activists in UP, on the other hand, have sent a memorandum to the
governor. We want the appointment of ICs to be a fair procedure, said
activist Urvashi Sharma.
http://timesofindia.indiatimes.com/city/lucknow/UPSIC-gets-woman-information-commissioner/articleshow/8856549.cms
--
उर्वशी शर्मा
"सूचना का अधिकार " हेल्पलाइन: 8081898081
yaishwaryaj@gmail.com
Saturday, June 11, 2011
YAISHWARYAJ demands scrapping of the appointment of Ms. Khazihatul Kubra as Information Commissioner of Uttar Pradesh
| YAISHWARYAJ has raised its voice against Uttar YAISHWARYAJ has sent memorandums to the Governor and the Chief Minister of Uttar Pradesh . " The Uttar Pradesh Government's move is unconstitutional and the whole The procedure , eligibility norms etc. for appointments of information Subsection 3 of Section 15 states about the appointing authority etc." (ii) the Leader of Opposition in the Legislative Assembly; and Subsection 5 of section 15 further states the eligibility norms " The
Further , the act emphasizes the word " Appointment " and not " Wayback , we have sent memorandums on this issue to the authorities of the state including the governor which are pending for action with the Government of Uttar Pradesh and the Government is going to make another arbitrary nomination of Members of YAISHWARYAJ alongwith other RTI activists of Uttar Pradesh
-- Urvashi Sharma RTI Helpmail( Web Based ) aishwaryaj2010@gmail.com Mobile Rti Helpline 8081898081 ( 8 A.M. to 10 P.M. ) |
YAISHWARYAJ demands scrapping of the appointment of Ms. Khazihatul Kubra as Information Commissioner of Uttar Pradesh
YAISHWARYAJ demands scrapping of the appointment of Ms. Khazihatul
Kubra as Information Commissioner of Uttar Pradesh
Kubra as Information Commissioner of Uttar Pradesh
YAISHWARYAJ has raised its voice against Uttar
Pradesh Government's move to appoint one Ms. Khazihatul Kubra W/O
Sri Zamil Akhtar as Information Commissioner of Uttar Pradesh on the
post which was lying vacant after retirement of Sri Gyanendra Sharma .
. Sri Akhtar is Information Consultant to the Chief Minister of
Uttar Pradesh
YAISHWARYAJ has sent memorandums to the Governor and the Chief
Minister of Uttar Pradesh .
" The Uttar Pradesh Government's move is unconstitutional and the whole
process needs to be stalled at once.Time and again , YAISHWARYAJ has
raised its demands of fair appointments of information commissioners
as per the letter & spirit
of the RTI act 2005 . " reads the Memorandum.
The procedure , eligibility norms etc. for appointments of information
commissioners have been laid down in Chapter IV of RTI Act 2005 .
Subsection 3 of Section 15 states about the appointing authority etc."
The State Chief Information Commissioner and the State Information
Commissioners shall be appointed by the Governor on the recommendation
of a committee consisting of—
(i) the Chief Minister, who shall be the Chairperson of the committee;
(ii) the Leader of Opposition in the Legislative Assembly; and
(iii) a Cabinet Ministrer to be nominated by the Chief Minister.
Explanation.—For the purposes of removal of doubts, it is hereby
declared that where the Leader of Opposition in the Legislative
Assembly has not been recognised as such, the Leader of the single
largest group in opposition of the Government in the Legislative
Assembly shall be deemed to be the Leader of Opposition "
Subsection 5 of section 15 further states the eligibility norms " The
State Chief Information Commissioner and the State Information
Commissioners shall be persons of eminence in public life with wide
knowledge and experience in law, science and technology, social
service, management, journalism, mass media or administration and
governance "
Expressing over the memorandum , Prabhuta , one of the members of the
group YAISHWARYAJ said that The spirit of the act is that all members
of the committee should necessarily take part in the process of
appointment and should note
down their views on each and every aspect. This is not being followed
in most of the appointments. Such appointments are ab-initio-void and
needs to be scrapped.
Further , the act emphasizes the word " Appointment " and not "
Nomination " . The procedure adopted so far is clearly the nomination
and not the appointment. Appointment means appointment after giving
fair chance to all eligible citizens in consonance to article 14 & 16
of the Constitution of INDIA and then selecting and appointing the
best as per the procedure and norms laid down in the advertisement by
the state government.
Wayback , we have sent memorandums on this issue to the authorities of
the state including the governor which are pending for action with
the Government of Uttar Pradesh and the Government is going to make
another arbitrary nomination of
information commissioner without any advertisement for appointment.
This is illegal and shows dubious intentions of state government with
respect to RTI implementation so YAISHWARYAJ has again requested the
governor to stall this unconstitutional process at once and forever
and strive for ways to ensure fair appointment on the said post.
Members of YAISHWARYAJ alongwith other RTI activists of Uttar Pradesh
also demanded time to meet and apprise the Governor the long pending issue of
fair appointments of information commissioners as per the letter and
spirit of RTI ACT 2005 and many other issues over which the Government
of Uttar Pradesh seems to be intentionally acting against the ACT.
--
उर्वशी शर्मा
"सूचना का अधिकार " हेल्पलाइन: 8081898081
yaishwaryaj@gmail.com
http://www.cplash.com/post/YAISHWARYAJ-demands-scrapping-of-the--appointment-of-Ms-Khazihatul-Kubra--as-Information-Commissioner-of-Uttar-Pradesh379.html
YAISHWARYAJ demands scrapping of the appointment of Ms. Khazihatul
Kubra as Information Commissioner of Uttar Pradesh
YAISHWARYAJ has raised its voice against Uttar
Pradesh Government's move to appoint one Ms. Khazihatul Kubra W/O
Sri Zamil Akhtar as Information Commissioner of Uttar Pradesh on the
post which was lying vacant after retirement of Sri Gyanendra Sharma .
. Sri Akhtar is Information Consultant to the Chief Minister of
Uttar Pradesh
YAISHWARYAJ has sent memorandums to the Governor and the Chief
Minister of Uttar Pradesh .
" The Uttar Pradesh Government's move is unconstitutional and the whole
process needs to be stalled at once.Time and again , YAISHWARYAJ has
raised its demands of fair appointments of information commissioners
as per the letter & spirit
of the RTI act 2005 . " reads the Memorandum.
The procedure , eligibility norms etc. for appointments of information
commissioners have been laid down in Chapter IV of RTI Act 2005 .
Subsection 3 of Section 15 states about the appointing authority etc."
The State Chief Information Commissioner and the State Information
Commissioners shall be appointed by the Governor on the recommendation
of a committee consisting of—
(i) the Chief Minister, who shall be the Chairperson of the committee;
(ii) the Leader of Opposition in the Legislative Assembly; and
(iii) a Cabinet Ministrer to be nominated by the Chief Minister.
Explanation.—For the purposes of removal of doubts, it is hereby
declared that where the Leader of Opposition in the Legislative
Assembly has not been recognised as such, the Leader of the single
largest group in opposition of the Government in the Legislative
Assembly shall be deemed to be the Leader of Opposition "
Subsection 5 of section 15 further states the eligibility norms " The
State Chief Information Commissioner and the State Information
Commissioners shall be persons of eminence in public life with wide
knowledge and experience in law, science and technology, social
service, management, journalism, mass media or administration and
governance "
Expressing over the memorandum , Prabhuta , one of the members of the
group YAISHWARYAJ said that The spirit of the act is that all members
of the committee should necessarily take part in the process of
appointment and should note
down their views on each and every aspect. This is not being followed
in most of the appointments. Such appointments are ab-initio-void and
needs to be scrapped.
Further , the act emphasizes the word " Appointment " and not "
Nomination " . The procedure adopted so far is clearly the nomination
and not the appointment. Appointment means appointment after giving
fair chance to all eligible citizens in consonance to article 14 & 16
of the Constitution of INDIA and then selecting and appointing the
best as per the procedure and norms laid down in the advertisement by
the state government.
Wayback , we have sent memorandums on this issue to the authorities of
the state including the governor which are pending for action with
the Government of Uttar Pradesh and the Government is going to make
another arbitrary nomination of
information commissioner without any advertisement for appointment.
This is illegal and shows dubious intentions of state government with
respect to RTI implementation so YAISHWARYAJ has again requested the
governor to stall this unconstitutional process at once and forever
and strive for ways to ensure fair appointment on the said post.
Members of YAISHWARYAJ alongwith other RTI activists of Uttar Pradesh
also demanded time to meet and apprise the Governor the long pending issue of
fair appointments of information commissioners as per the letter and
spirit of RTI ACT 2005 and many other issues over which the Government
of Uttar Pradesh seems to be intentionally acting against the ACT.
--
उर्वशी शर्मा
"सूचना का अधिकार " हेल्पलाइन: 8081898081
yaishwaryaj@gmail.com
YAISHWARYAJ’s Memorandum to scrap the Uttar Pradesh Government's order of appointing Ms. Khazihatul Kubra W/O Sri Zamil Akhtar as Information Commissioner
e-memorandum
To,
Hon.ble Sri B. L. Joshi
the Hon.ble Governor of Uttar Pradesh
Lucknow
"hgovup" <hgovup@up.nic.in>,
Sub.: YAISHWARYAJ's Memorandum to Sri B. L. Joshi , the Hon.ble
Governor of Uttar Pradesh demanding scrapping of Uttar Pradesh
Government's order of appointing one Ms. Khazihatul Kubra W/O Sri
Zamil Akhtar ( Information Consultant to the Chief Minister of Uttar
Pradesh ) as Information Commissioner of Uttar Pradesh ( the post was
lying vacant after retirement of Sri Gyanendra Sharma )
Hon.ble Sir ,
YAISHWARYAJ has come to know from a reliable source that the Uttar
Pradesh Government is going to appoint one Ms. Khazihatul Kubra W/O
Sri Zamil Akhtar ( Information Consultant to the Chief Minister of
Uttar Pradesh ) as Information Commissioner of Uttar Pradesh ( the
post was lying vacant after retirement of Sri Gyanendra Sharma )
The Uttar Pradesh Government's move is unconstitutional and the whole
process needs to be stalled at once.
Time and again , YAISHWARYAJ has raised its demands of fair
appointments of information commissioners as per the letter & spirit
of the RTI act 2005 .
The procedure , eligibility norms etc. for appointments of information
commissioners have been laid down in Chapter IV of RTI Act 2005 .
Subsection 3 of Section 15 states about the appointing authority etc."
The State Chief Information Commissioner and the State Information
Commissioners shall be appointed by the Governor on the recommendation
of a committee consisting of—
(i) the Chief Minister, who shall be the Chairperson of the committee;
(ii) the Leader of Opposition in the Legislative Assembly; and
(iii) a Cabinet Ministrer to be nominated by the Chief Minister.
Explanation.—For the purposes of removal of doubts, it is hereby
declared that where the Leader of Opposition in the Legislative
Assembly has not been recognised as such, the Leader of the single
largest group in opposition of the Government in the Legislative
Assembly shall be deemed to be the Leader of Opposition "
Subsection 5 of section 15 further states the eligibility norms " The
State Chief Information Commissioner and the State Information
Commissioners shall be persons of eminence in public life with wide
knowledge and experience in law, science and technology, social
service, management, journalism, mass media or administration and
governance "
the spirit of the act is that all members of the committee should
necessarily take part in the process of appointment and should note
down their views on each and every aspect. This is not being followed
in most of the appointments. Such appointments are ab-initio-void and
needs to be scrapped.
Further , the act emphasizes the word " Appointment " and not "
Nomination " . The procedure adopted so far is clearly the nomination
and not the appointment. Appointment means appointment after giving
fair chance to all eligible citizens in consonance to article 14 & 16
of the Constitution of INDIA and then selecting and appointing the
best as per the procedure and norms laid down in the advertisement by
the state government.
Wayback , we have sent memorandum on this issue to you which is
pending for action with the Government of Uttar Pradesh and the
Government is going to make another arbitrary nomination of
information commissioner without any advertisement for appointment.
This is illegal and shows dubious intentions of state government with
respect to RTI implementation.
YAISHWARYAJ again requests you to stall this unconstitutional process
at once and forever and strive for ways to ensure fair appointment on
the said post.
Members of YAISHWARYAJ alongwith other RTI activists of Uttar Pradesh
wants to meet and apprise your goodself the long pending issue of
fair appointments of information commissioners as per the letter and
spirit of RTI ACT 2005 and many other issues over which the Government
of Uttar Pradesh seems to be intentionally acting against the ACT.
Best Regards
Date : 11-06-11
Urvashi Sharma
Social Worker & RTI Activist
for YAISHWARYAJ
F-2376 First Floor
Rajajipuram , Lucknow
Uttar Pradesh - 226017
mob. - 9369613513
8081898081
Copy to - Hon.ble Km. Mayawati ,The Chief Minister of Uttar Pradesh ,
Lucknow by e-mail "cmup" <cmup@up.nic.in>, "cmup" <cmup@nic.in>,
Urvashi Sharma
Social Worker & RTI Activist
for YAISHWARYAJ
F-2376 First Floor
Rajajipuram , Lucknow
Uttar Pradesh - 226017
mob. - 9369613513
8081898081
Thursday, June 9, 2011
Tuesday, June 7, 2011
its now or never type situation , please express yourself , sign the online petition
Link to petition http://www.petitiononline.com/ Link to sign the petition http://www.petitiononline.com/ text of petition To: The Citizens of India including NRIs Dear all Citizens of India , We all know that the Joint Drafting Committee on the Lokpal Bill has deferred the question of including the office of the Prime Minister and the higher judiciary to be discussed later . The Joint Drafting Committee proposes to draft the said bill by June 30. YAISHWARYAJ is at your doorsteps once again . This time we are before you with the simplest of the pledges of being the part of the direct democracy i.e. an initiative / a proposition . Through this initiative/proposition , YAISHWARYAJ is asking for your opinion as to whether the Prime Minister and the Judiciary should be within the purview of LOKPAL or not . All you have to do is just to opine for or against the said proposal by writing Yes or No. Of course Your valuable comments shall also be the most welcome and shall strengthen the cause of the ordinary citizens of India , raised in this petition. Sincerely, The Undersigned -- उर्वशी शर्मा "सूचना का अधिकार " हेल्पलाइन: 8081898081 yaishwaryaj@gmail.com -- Urvashi Sharma RTI Helpmail( Web Based ) aishwaryaj2010@gmail.com Mobile Rti Helpline 8081898081 ( 8 A.M. to 10 P.M. ) |
its now or never type situation , please express yourself , sign the online petition
Link to petition
http://www.petitiononline.com/urvashi1/petition.html
Link to sign the petition
http://www.petitiononline.com/urvashi1/petition-sign.html
text of petition
To: The Citizens of India including NRIs
Dear all Citizens of India ,
We all know that the Joint Drafting Committee on the Lokpal Bill has
deferred the question of including the office of the Prime Minister
and the higher judiciary to be discussed later . The Joint Drafting
Committee proposes to draft the said bill by June 30.
YAISHWARYAJ is at your doorsteps once again . This time we are before
you with the simplest of the pledges of being the part of the direct
democracy i.e. an initiative / a proposition . Through this
initiative/proposition , YAISHWARYAJ is asking for your opinion as to
whether the Prime Minister and the Judiciary should be within the
purview of LOKPAL or not . All you have to do is just to opine for or
against the said proposal by writing Yes or No. Of course Your
valuable comments shall also be the most welcome and shall strengthen
the cause of the ordinary citizens of India , raised in this petition.
Sincerely,
The Undersigned
--
उर्वशी शर्मा
"सूचना का अधिकार " हेल्पलाइन: 8081898081
yaishwaryaj@gmail.com
ssp bidar karnataka info
find the attached scans.
FAA reply in the same matter has been received. FAA has annexed the
same letter of pio . nothing new.
second appeal gas to be filed
--
उर्वशी शर्मा
"सूचना का अधिकार " हेल्पलाइन: 8081898081
yaishwaryaj@gmail.com
Sunday, June 5, 2011
Since Inception UPSIC collected just 1% of RTI fine , Any data available about CIC & other SICs
In over four years, UPSIC collects just 1% of RTI fine TIMES NEWS NETWORK Lucknow: Action speaks louder than words but not for UP State Information Commission (UPSIC) which believes in pronouncing hard-hitting orders and acting little on them. The fact that UPSIC so far has recovered only 1% of the total fine imposed on government departments for not keeping up with the RTI Act lends strength to the claim. The cases where PIO either refuses to accept the application for information or knowingly gives misleading, incorrect or incomplete information or does not provide information within the given 30 days, the commission slaps a fine of Rs 250 per day for the days till the application is received and information is given. The maximum penalty is Rs 25,000. The UPSIC has slapped a total fine of Rs 53,63,500 since October 2006 (the time it started functioning) till February 2011 but the recovery is as low as 1%. Rs 62,500 recovered as fine from the erring government departments is a pittance compared to the total amount. Penalising government departments is a last possible action taken by the central and state information commissions to make the public information officers (PIOs) act promptly on RTI applications. However, leniency exhibited by the UPSIC for government departments does not augur well for RTI implementation in the state where it is already marred by official apathy. An RTI applicant, Salim Baig, had asked the administrative reforms department (ARD), the nodal department for implementation of RTI in UP, about the amount of fine imposed on and recovered from the government departments for acting sluggish on RTI front by the UPSIC. The commission has penalised 30 departments in 231 pending cases till February 2011. The fine, hence collected, goes to the state treasury. -- Urvashi Sharma RTI Helpmail( Web Based ) aishwaryaj2010@gmail.com Mobile Rti Helpline 8081898081 ( 8 A.M. to 10 P.M. ) |
Since Inception UPSIC collected just 1% of RTI fine , Any data available about CIC & other SICs
http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JTC8yMDExLzA2LzA1I0FyMDAzMDI=&Mode=HTML&Locale=english-skin-custom
Publication: The Times Of India Lucknow; Date: Jun 5, 2011; Section:
Times City; Page: 3
In over four years, UPSIC collects just 1% of RTI fine
TIMES NEWS NETWORK
Lucknow: Action speaks louder than words but not for UP State
Information Commission (UPSIC) which believes in pronouncing
hard-hitting orders and acting little on them. The fact that UPSIC so
far has recovered only 1% of the total fine imposed on government
departments for not keeping up with the RTI Act lends strength to the
claim.
The cases where PIO either refuses to accept the application for
information or knowingly gives misleading, incorrect or incomplete
information or does not provide information within the given 30 days,
the commission slaps a fine of Rs 250 per day for the days till the
application is received and information is given. The maximum penalty
is Rs 25,000.
The UPSIC has slapped a total fine of Rs 53,63,500 since October
2006 (the time it started functioning) till February 2011 but the
recovery is as low as 1%. Rs 62,500 recovered as fine from the erring
government departments is a pittance compared to the total amount.
Penalising government departments is a last possible action taken by
the central and state information commissions to make the public
information officers (PIOs) act promptly on RTI applications. However,
leniency exhibited by the UPSIC for government departments does not
augur well for RTI implementation in the state where it is already
marred by official apathy.
An RTI applicant, Salim Baig, had asked the administrative reforms
department (ARD), the nodal department for implementation of RTI in
UP, about the amount of fine imposed on and recovered from the
government departments for acting sluggish on RTI front by the UPSIC.
The commission has penalised 30 departments in 231 pending cases till
February 2011. The fine, hence collected, goes to the state treasury.
--
उर्वशी शर्मा
"सूचना का अधिकार " हेल्पलाइन: 8081898081
yaishwaryaj@gmail.com
Saturday, June 4, 2011
online petition on lokpal : please express yourself and be the integral part in the making of the bill
online petition sign link :
http://www.petitiononline.com/urvashi1/petition-sign.html
http://www.petitiononline.com/urvashi1/petition-sign.html
online petition link : http://www.petitiononline.com/urvashi1/petition.html
online petition text : To: The Citizens of India including NRIs
Dear all Citizens of India ,
We all know that the Joint Drafting Committee on the Lokpal Bill has
deferred the question of including the office of the Prime Minister
and the higher judiciary to be discussed later . The Joint Drafting
Committee proposes to draft the said bill by June 30.
YAISHWARYAJ is at your doorsteps once again . This time we are before
you with the simplest of the pledges of being the part of the direct
democracy i.e. an initiative / a proposition . Through this
initiative/proposition , YAISHWARYAJ is asking for your opinion as to
whether the Prime Minister and the Judiciary should be within the
purview of LOKPAL or not . All you have to do is just to opine for or
against the said proposal by writing Yes or No. Of course Your
valuable comments shall also be the most welcome and shall strengthen
the cause of the ordinary citizens of India , raised in this petition.
Sincerely,
The Undersigned
http://www.petitiononline.com/urvashi1/petition-sign.html
--
उर्वशी शर्मा
"सूचना का अधिकार " हेल्पलाइन: 8081898081
yaishwaryaj@gmail.com
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Wednesday, June 1, 2011
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