Whispers Forum

One of the best four features define Human Rights: (1) HRs are available to everybody without any discrimination, (2) HRs are available in all countries, (3) HRs are available all the time, and (4) HRs are available in the normal course easily rather than rarely. The text reads: Sabahi sulabh sab din sab desa (Hindi). The emphasis is on Sabahi, Sulabh, sab desa and Sab Din. It is legitimately expected of the National and State Human Rights Commissions to initiate suo motto action promptly whenever an instance of a breach appears in the public domain. Instances of the misuse of the brutal power of the police or other agencies are aplenty and silence of the Commissions is terribly intriguing. Art, culture, ingenuity, innovation, research, discovery, ideas and intellectual pursuits are particular targets of violators of human rights. Timely move of the commissions can help deter crimes and restore a semblance of civility in society.
M L Gupta

COVID cases are increasing in the country. Some measures that can be taken by all concerned for their safety and that of others bear reiterating: 1. Go out only if you must. 2. Wear a mask when you go out. Ensure that it covers the nose, mouth and face in a close fit. Do not remove your mask while outside home. Leave one mask for three days before reusing or else, wash, dry and iron it (if mask is made of cloth or fabric).. Regrettably, even senior officers are casual with mask use. 3. Maintain six feet distance with all others at all times. Do not be in a hurry and do not neglect this aspect. A mask cannot help unless you practice social distancing. Do not crowd places and counsel those who are doing so in your presence. 4. Keep washing your hands with alcohol based hand rub every half hour. 5. Do not touch any surfaces outside home like electric switches, lift buttons, door handles with bare hands. Use a tissue and discard it in proper waste bin immediately thereafter. 6. Be careful about walking on the spit of others. Do educate others about spitting all over the place. 7. Minimise meetings. Try video conferencing, telephone, e-mail, etc. If physical meeting is necessary, ensure social distancing, mask use and do not allow refreshments, water, tea, coffee, etc. 8. Try electronic files for work. If physical files have to be used, try handling such files with gloves. Gloves can be discarded properly thereafter. 9. Try using disinfectant or sanitiser to clean surfaces before touching them. 10. This is a pandemic which comes once in a hundred years. Be careful. Casual approach can be deadly. Since it is a very highly infectious disease, utmost care to avoid cough, sneeze and breath droplets and contaminated surfaces is required (treat every surface as contaminated). Follow all advisories of the government authorities fully. Do not get unnecessarily confident.
Vijay Kumar
Shukla is an honest & upright officer
R S Shukla relieved to join as Secretary, Parliamentary Affairs. He is an honest & upright officer. He has taken lot of good decisions and also done various good job for the benefit of the public at large at West Bengal. I wish him success. God bless.
Naba Kumar Mukherjee

Cries of job losses, economic decline, sufferings of the poor has been a recurring theme for politicians and commissioned newspaper columnists. So far none of them has presented any figures of such losses due to the disappearance of the Rs. 1000 currency note. Those hurt belonged to the corrupt, tax evading, hawala operators, black money-wallahs, parallel government and black economy. Hurt were those rigging the democratic environment of the country and rule of law. Hurt were those who owed allegiance to outside India authorities shamelessly. Hurt were those who were in covert/overt Treaty/MOU relationships/arrangements with the enemies like Pakistan and China (other names are being withheld). Hurt were those who were exploiting the employees without paying full lawful wages, PF and other benefits and minting black money hoarding it in currency notes of the denomination of 1000. If some political party or politician or economist can present reliable well researched figures on jobs lost, s/he gets loud applaud.
M L Gupta
Former CAG to be prosecuted ?
It is not the ex CAG whose prosecution has been proposed by CBI rather, it is the Ex Defence Secretary. It was coincidental that he was appointed the CAG after the alleged episode.
Ujjwal

The appellant sought information from DRDL if a particular post comes under new pension scheme or old pension scheme and criteria for placing the selected candidates in New or Old Pensions Scheme. The CIC observed that the Appellant has not made any allegations of human rights violation or corruption in his RTI Application, First Appeal or Second Appeal regarding information about the pension scheme. Adverting to the allegations of human rights violation urged by the advocate of the Appellant during hearing as well as in his written submissions dated 18.07.2020 & 20.07.2020 with respect to the pension scheme, the CIC held that no violation of human rights is involved in service matters, such as promotion, disciplinary actions, pay increments, retiral benefits, pension, gratuity, etc.
Comments
The expression “Human Rights’’ denotes certain inalienable rights which every individual has by virtue of being a member of the Human Family. The expression “Human Rights” is defined under Section 2(1)(d) of The Protection of Human Rights Act, 1993 means "the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India". The expression cannot be extended to include controversies relating to service matters of persons working under schedule II organisation.
Citation: G Laxminarayana v. Defence Research & Development Laboratory in File No : CIC/DRADO/A/2018/162164, Date of Decision: 20/07/2020
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is an expert on RTI matters and has co-authored the books RIGHT TO INFORMATION - LAW AND PRACTICE and PIO’s guide to RTI. Apart from her weekly article here, her other articles can be read at the website of RTI Foundation of India at the link: www.rtifoundationofindia.com

PM Modi is skillfully retaining his popularity despite committing mistakes or for not being able to deliver . How?
Voters firmly believe : ‘ What Modi does, must be right.’
How is the situation at Gound Zero? A reality check throws up some noteworthy controversies.
(a) Modi sarkar has issued instructions to all central ministries suggesting ways and means to curtail public expenditure. There is nothing heroic about it. This was the annual exercise taken by successive governments during the past 70 years. The scheme of appointing consultants was launched by UPA govt. This involved gross misuse of discretionary powers. Bureaucracy has become top heavy with effete feet.
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(b) Screaming slogans like: Less government, more governance, Right-sizing the government, turning civil servants into “Karmayogis”, are mere rhetorics to divert public attention .
(c) Latest directive to central ministries and PSUs to stop printing calendars and diaries, is laughable. There is now a ban on celebrating Foundation day. But, there is no ban on Foundation stone laying ceremonies. Why the double standards? Surfers may recall the unwritten convention according to which , no central minister could be the chief guest at Foundation stones laying ceremonies. It is PM’s prerogative, alone.
What are some non-priority issues whose implementation could have been be deferred till “better times”. The list is Illustrative, not exhaustive.
(d) Despite opposition from eminent architects and engineers, PM Modi is going ahead with his pet project costing Rs 20,000 crores for re-development of central vista including construction of new Parliament house, a composite office complex for locating all central ministries/departments, separate home for PM,close to South block. The stated policy of the government has been to de-centralize location of office buildings from Delhi to NCR towns.This is to decongest the capital city by reducing its high population density . Locating key central ministries at one place pose grave security risk.
(e) Worse , procuring two wide body “Air India 1” luxury planes , fitted with advanced defence systems for use of President ,VP and PM, costing Rs 8,458 crores could have been postponed. The MOF should have advised against investment on such extravaganza . The Air India has been perennially in the red. Are we living in a democracy or Sheikhdom?
Country does not need luxury aircrafts for VVIPs’ individual use. It needs more fighter jets for national security.
(f) PM Modi's 'Man ki Baat', as a monologue, has become a dull , monotonous affair.
He must, instead, start holding Press conference for wider reach. Why is he scared of Media like his illustrious predecessor, Dr Manmohan Singh ?
(g) Appointing favourite officers to key position post-retirement, smacks of arbitrariness, indiscretion, based on pick & choose. This must be banned.
(h) Granting extensions to bureaucrats post- retirement is the norm. Questionable. Must be banned.
(i) Several government organizations, central PSUs, have been lying headless.Implementation paralysis.
One hopes , PM Modi makes amends for his mistakes.
A K Saxena ( A former civil servant)
PC should not accept anything less than CM
A personality of the stature of PC should not aspire or accept the offer of Dy CM of TN if DMK comes to power after the state assembly elections next year. A person who had been HM and FM of India should not accept anything less than the post of CM. Secondly elections are only next year, so it will be a wise and prudent thing to put a stop to these types of speculations in these columns. TN elections are always fierce campaigns and who wins or not is Ivey difficult to predict.
K Srinivasa Rao

The announcement by EPFO with a gala fanfare that they will give 8.5% interest for the year 2019-20 despite covid is nothing but a hogwash to cover all their shortcomings. Why do I say so? 1. The interest will be credited in two instalments of 8.15 and 0.35 percent. What is the logic for this? This is for the year 2019-2020 most of which is pre-covid. So on April 1 , 2020 8.5% interest should have been credited in user accounts. Splitting in 2 installments makes no sense. except to help cover up the inefficiency of the EPFO investments. 2. If the interest is credited on April 1, the 8.5% interst also starts accumulating interest but by delaying the crediting of interest and also unnecessarily splitting up in 2 instalments the EPFO is trying to fool common people. And above it they have the audacity to give it as Headline News: WEPFO to give the same rate of interest.
Ajay Gulati
Honour of a woman is a nation's honour
Sometime back Central bureau of Investigation, in its report, has held three women officers; one district magistrate and two superintendents of police, guilty of laxity, negligence, lackadaisical approach and intentional inaction, in the most notorious and infamous Unnao rape case in Uttar Pradesh. A minor girl was raped in this case, her father was killed in the custody, and later on her two aunts were killed and she herself was grievously injured in an intentional bid of murder through accident. So instead of protecting an innocent girl, the women officers looked the accused’s way.
In Faridkot, in 2012, a minor girl, within a period of three months was twice abducted from her house in the presence of her parents after causing them serious injuries, and in full public view, by a notorious gangster. The police at the very senior level endeavored to project it as a case of elopement, despite fully knowing that the girl was minor. It was only after the state-wide agitation that the police took note of the most serious crime, and felt brave enough to do its duty and annoy the patronizing political masters.
In 2012,in Chheharta town of Amritsar, an Assistant sub inspector of police was shot dead in the full daylight and public view, when he confronted the stalkers, who had been passing lewd remarks to his daughter. He was accompanied by two gunmen, who ran away when the scuffle began. All this happened even though the daughter of the slain police officer had made a written complaint to the police station some days before the mishap. The assailant was an officer bearer of the ruling party then, may be it was the reason for the police to sit on the complaint of the daughter of the police officer.
These are but very few cases of such heinous crime, where the police looked complicit by its initial inaction.
In Hyderabad a few months back, a lady veterinary doctor was raped and burnt alive. The whole nation was aghast at this barbarian act. The instant justice was done in that case by staging an encounter and killing all the culprits. Though human rights activists were not happy with the encounter, but the people at large were happy.
The state could not protect the life and dignity of its citizen, but at least, acted to register its existence. It happened in Amritsar in 1959.Some army officers' families had come to the Railway station to see off one colleague. Some goons there tried to molest womenfolk of army officers and passed lewd remarks.
When challenged, the goons ran and hid themselves In Parkash theatre. The commanding officer of 5 Jat regiment was informed, who sent more men. The theatre was sealed and the main culprit, the son of the chief minister, was taken into custody and beaten up. Even in those days of Nehru and his favourite CM Partap Singh Kairon, the matter went upto the parliament Instead of taking action against the CM and his son, explanation of the army was called.
Army chief General Thimayya replied, ''If we cannot defend the honour of our women, how can you expect us to defend the honour of our country. ''Though the matter ended, but it gave rise to the political gundagardi in the country and seems to be endless. Each citizen needs to have the spirit of General Thimayya to fight this most heinous crime against mankind.
Surinderjit Singh Sandhu

Can we initiate debate on topic’ Moving a bill in Lok Sabha banning all types of Post superannuation job to civil as well as Military officers’. This may bring change in administration, as Govt servant may be sure that he has to perform without any temptation of post retirement job. Let Election commissioner, CIC, CAG, LG......etc may be filled by serving officers.
R K Upadhyaya
Cooling-off period
How it is possible to join a Pvt commercial organisation immediately after retirement from a govt job ? I believe there is a cooling-off period of one year.
Parag Barman
What about correction of date of promotion of teachers?
Please inform about the position of the letter sent on July 24, 2020 by President of North Eastern Hill university Teachers' Association to President of India and that was forwarded to Joint Secretary Higher Education office on August 31 regarding the correction of date of promotion of teachers that was wrongly done by the University and yet to be addressed.
Utpal Kumar De

DEBATE(1)
Only Democrats will come to power this time. Trump has done nothing for the US ,he only divided. Democrats will be more friendly with India than the Republicans.
Amit Pande
Salutations
There are different types of salutations to address members of legislature, judiciary and executive. They are "Honourable ", My Lord" and Sir, besides Excellency for Head of the country and Head of State. At different points of times, the Heads of State have politely impressed upon the people to shun the baggage of British legacy to address them as "His Excellency ", and "My Lord" by the judiciary, however, the law makers from legislature side, have not shown any inclination to change such practice of addressing them as "Honourable". The Presiding Officers of the Legislature should take initiative to Indianise the vocabulary of addressing them as Shri or Smt. or Miss, as the case may be. "Honourable" word is very sacrosanct and should not be allowed to loose its sanctity.
Raj Kumar Thakur
ITR2 Filing: A stressed thing
There is an old saying, "Only the wearer knows where the shoe pinches" and it is correct here also for those tax payers who file Income Tax return themselves. ITR 2 has been made mandatory for those tax payers also who have no tax liability under Sec.112A of IT Act.. It is very difficult, complex and painful to file return using ITR2 when you do not have tax liability under Sec, 112A. One has to fill Schedule 112A giving all transaction details without any tax obligation. It is not needed and is against the Tax Payers Charter inaugurated by Hon'ble Prime Minister on 13th August 2020. As per Charter "Treat taxpayer as honest: The income tax department shall treat every taxpayer as honest unless there is a reason to believe otherwise. Asking the details which are not required is first step of mistrust of tax payers. Also to reduce the cost of tax compliance and cost can not be reduced by asking unnecessary data and do analysis. Tax compliance should be seamless and painless. Filing ITR2 is not seamless as one can not file return using ITR2 directly on line of efiling site of income tax. One has to down load the return form ITR2 which has also compatibility issue with MS office 2007 and older version. So the process is not seamless. It is painful for those tax payers who have incurred loss or gain below taxable limit under Sec.112A. It is not still clear and understood why CBDT is asking for details in Schedule 112A when no tax liability. If there is tax liability one will compulsorily file ITR2 as there is no other option. It should not happen that CBDT asks 300 million household to file return whether they have tax liability or not. It can be for record purpose.Such step results in poor number of return filers, It is also not right to match of ITR2 filers numbers with total DMAT account numbers. This will not yield any result. Such moves put tax payers in quandary and approach CAs to get the return filed by paying hefty fee to CAs. So there is gain in income of CAs but without any increase in tax revenue, Let us follow simple and painless system for tax payers and as per directive of PM. Finance Minister is requested to please make ITR2 optional for those tax payers who have no tax liability under Sec,112A and may file usual ITR1 and report LTCG under exempt income for reporting purpose only to align with PM message and directives. This will give great relief to tax payers mostly salaried class, pensioners, house wives etc, having LTCG within exempt limit (less than 1 lakh) as per Sec.112A of IT Act. Let us hope for early relief.
Naveen

The brinkmanship of Xi in Ladakh in 2020 is his frustration of India not conforming to his desires. China accordingly released the Wuhan Virus to weakenpeople and their economies across the globe. The PLA , PLAN , PLAAF were awaiting instructions from Communist Party . A dummy manouvre exercise in Tibet plateau was converted into a rapid deployment of forces in Ladakh , to gain supremacy over India. The stiff resistance by the Indian Army in Galwan region of Ladakh was a shock not factored into the calculations by Xi and his generals. The Indian leadership galvanised further into action by direct visits to near LAC posts in Ladakh. The deployment of IN into Malacca Straits region and warships int South China Sea was a further shock to Xi. The world was watching and then sat up as economic sanctions to Chinese entities were imposed rapidly one after another by India!! Billions of dollars of revenue vanished almost overnight . Europe , USA , Australia , Japan added to the sanctions list of Chinese companies. Xi is now looking at a bleak future as his international plans disappeared into smoke. Duplicity is the refuge of rogue nations. A concerted effort has commenced . The Five UNSC powers today saw through the gameplan and stopped it in its tracks. Is the game of GO over ? Unlikely . The Covid virus has no vaccine today. This gives a sliver of advantage to China's machinations . The recent economic news from China however is heartening in that Chinese agriculture is facing a huge setback and debts of Chinese banks is running into headwinds not forseen. The pressure by USA in South China sea has created a new theatre of concern for Xi. The battles on land and at sea have sharply divided PLA / PLAAF . Is a sharp conflict likely in Taiwan Straits? Is PLA strong enough to carry out Amphibious Warfare in Taiwan Straits and simultaneously combat INDIAN ARMY in Ladakh and Tibet Region? The first principle of warfare - Selection and Maintenance of AIM has disappeared . Will India deal a death blow to PLA in LAC region a la 1962? A bridge too far for China in 2020 to take on INDIAN ARMY and US Navy in two separate regions .
Devindra
India Loves Peace, China Hates It
China is allergic to Indian obsession with peace. That is because we have never tried to understand the Chinese mind rationally and strategically. We have felt happy at two Chinese travellers coming to India in the past but have never sent any emissary to China to survey and record the Chinese society, polity, economics, ethics or justice system. How many Indian experts on China were available to the freedom fighters? WW-II presented a difficult choice before India: to support Japan or China? India was fighting the British because they were an imperial power. So was Japan. China was no imperial power then. In Europe at that time, socialism was gaining popularity. The Indian National Congress had Jawaharlal Nehru as a person who was well versed with developments in Europe and China. Japan posed a threat to China. India saw an ideological friend in China and went out of the way to extend support to it against Japan. That became the policy of independent India after 1947. But the Panchsheel policy propounded by India at that time proved to be a litmus test that China failed in 1962. In fact, the nobility of India was met with extreme contempt from China: Chou En Lai called Nehru “arrogant” and was not economical on showering friendly compliments on VK Krishna Menon and others. Since India remained obsessed with peace, China did not hesitate to execute the 1962 manoeuvre. What has changed after 1962 really? Has any shift in Indian policy taken place? Only after Narendra Modi becoming prime minister has India started thinking India first within the given constraints. China knew it but wanted to test nerves and Narendra Modi did not disappoint Xi Jinping. It should not be expostulated as victory or defeat- it is simply current status. China is itching for a long fight and shall not give up in the name of peace. It is not a democracy. Its goal is to seek new economic opportunities. Its OBOR was meant to do that. The secret lies in the word “one”. It signifies monopoly, dominance, expansion. The Chinese realized their folly soon and tried to soften it by simply changing it to BRI without any change in its policy of peace or peaceful co-existence. China is now buying time to trap India, especially prime minister Modi, in the illusion of peace and thereafter strike at the opportune time. The developments in Ladakh and elsewhere call for extreme vigilance and preparedness to take the enemy head on if the situation arises. Meanwhile, India must rise above sentiments and noble thoughts and face hard unpleasant realities. Too much of democracy is harming Indian society, polity, economy, justice, defence and homeland security. We can’t wait and pay the heavy costs!
M L Gupta

DEBATE (1)
Democrats would be better for India : US President Donald Trump is unpredictable, self-centred, disruptive and transactional. In his second term, he could become more so. Forging a good personal equation with him does not guarantee protection against pressures. Trump, unlike the Democrats who emphasise human rights issues and minority rights in US foreign policy and could generate pressure on us, would be more manageable for India.
Manoj Mehrotra
CGHS: Failing to provide Medical Specialist Service
CGHS wellness centre Dr, Zakir Hussain Marg, New Delhi was providing Medical Specialist Services to beneficiaries since last forty years and is being considered one of the VIP dispensaries. Medical Specialist visit the dispensary once in a week for three hours and prescribe the medicines for chronic ailments. Medical Specialist provide the services to Sr. Citizens not only this dispensary but. also provide services to nearby areas like Pandara Road, Telegraph lanes etc. It is very helpful medical service to CGHS beneficiaries and specially to those who are unable to visit Dr. RML hospital due to old age and chronic problems. Now a days the patients above 65+ years are advised to stay home and avoid visiting hospitals which are worst source of infection due to Covid-19 crisis. Medical Specialist not visiting the wellness centre last six months i.e. from March, 2020. It is not clear who is responsible for diverting the doctor from one place to another place without consultation of CMO incharge of dispensary. It is MS or HOD Medicines Dr. RML hospital or some one else. Medical Officer incharge of Dr. Zakir Hussain Marg as well as Pandara Road New Delhi has not made the required efforts for restoration of visit of Medical Specialist during the Covid-19 crisis when it is needed the most. Minister of Health & Family Welfare is requested to order for restoration of Medical Specialist services to Dr. Zakir Hussain Marg immediately. At least the services which are running for non-Covid patients may continue. It has never happened in the past that dispensary like Dr. Zakir Hussain Marg has been let down so much that visit of Specialist is missing for last six months. It caters to most of the Sr. Govt. officers residing in this area. Let us work to serve the humanity with a smile and provide Specialist services without any delay.
Naveen

Information about Shram Suvidha cases was denied by the PIO citing 8(1)(d) of the RTI Act without any explanation. The CIC held that the reply was incomplete as merely claiming an exemption under Section 8 is not enough to absolve a PIO from performing the duties cast upon him under the RTI Act. In order to deny information under any of the exemption clauses mentioned under Section 8 (1) of the RTI Act, 2005, the PIO is required to provide justification or establish the reason why such exemption was claimed which was not done. The CIC expressed its extreme displeasure at the conduct of the PIO for his failure to give a proper and complete reply and issued a strict warning to the concerned PIO to remain careful while handling the RTI applications.
Comments
There are a large number of cases where the PIO or FAA are not adhering to the provisions of the RTI Act perhaps due to ignorance of law. In many cases before the CIC, the CIC has directed the Public Authority to convene periodic conferences/seminars to educate the concerned officials including the PIOs and the FAAs about the relevant provisions of the RTI Act, 2005 for effective discharge of their duties and responsibilities so that such avoidable lapses do not occur again in future.
Citation: O Y Sankar Reddy v. Employees Provident Fund Organisation in File No.: CIC/EPFOG/C/2019/114953, Date of Decision: 26/08/2020
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is an expert on RTI matters and has co-authored the books RIGHT TO INFORMATION - LAW AND PRACTICE and PIO’s guide to RTI. Apart from her weekly article here, her other articles can be read at the website of RTI Foundation of India at the link: www.rtifoundationofindia.com