Monday, September 20, 2010

Who will protect the whistleblower?

About a month after activist Amit Jethava was murdered, the Central government came up with a legislative proposal to prevent such tragic killings. The dead man was an environmentalist and died because he campaigned to save Gujarat's Gir lion reserve from the ravages of illegal mining. The Bill introduced in the Lok Sabha on August 26 expanded the definition of whistleblower. It said anyone who makes a "public interest disclosure" is a whistleblower.

It was a great leap forward from where we stood till then. Under the 2004 Cabinet resolution, only a public servant could be a whistleblower. But the expanded definition is the only real positive change in the official attitude towards whistleblowing. In other respects, "the public interest disclosure and protection to persons making the disclosure Bill, 2010", to call it by its real name, is anodyne. The Bill's biggest weakness is that it retains the Central Vigilance Commission (CVC) as the designated agency or "competent authority" to deal with complaints filed by whistleblowers. The CVC is also meant to protect whistleblowers. Both provisions are carry-overs from the 2004 Cabinet resolution on whistleblowing.

Both carry over the problems of the past into an era meant that is meant to be more free and fair. The CVC, the apex body for all vigilance cases at the Centre, is embroiled in controversy. Moreover, it is a toothless body and can only ever give advice rather than registering a criminal case or issuing any direction to CBI. The CVC's recommendations are routinely rejected by many government departments. The CBI too pays it little heed. In its current form then, the Whistleblower Bill, will make no difference to the culture of impunity in corruption cases. The CVC can only make recommendations when instances of corruption are brought to light by whistleblowers. What use will that be to anyone, particularly a society that wants to clean up?

But there is an even bigger problem with making the CVC the Bill's designating agency. Of late, there is a question mark over its independence. Telecom secretary P J Thomas's September 7 appointment as its head triggered the row. There were allegations that the government appointed Thomas to the CVC in order to shield telecom minister A Raja in the 2G spectrum scam. Just a month before Thomas arrived in his new job, he signed a document that claimed the spectrum allocation was impervious to investigation by any agency because "revenue considerations play a secondary role" in government policy on telecommunications.

Clearly, the Whistleblower Bill's expectations of the CVC are misplaced when it deems the agency trustworthy enough to recommend "appropriate administrative steps for redressing the loss caused to the government as a result of corrupt practice or misuse of office or misuse of discretion". Given the way Thomas sought to justify revenue losses in the 2G spectrum scam, what recommendation would the CVC he heads make if the public servants named by whistleblowers came up with similar arguments in their own defence?

But there is one area in which the Bill empowers the CVC to issue binding orders – protecting whistleblowers from victimization and/or physical attack. It also gives the CVC the authority to issue interim orders to stop any corrupt practice highlighted by the whistleblower. But these limited powers are likely to prove inadequate as long as the CVC remains no more than an advisory body when it comes to sensitive matters such as whether or not a corruption case is to be registered against a public servant.

Experts, the enlightened and the eminent — a loose coalition of concerned citizens — have been asking that the government call a spade a spade and redress the many problems in the anti-corruption mechanism. The group, which includes the Karnataka Lok Ayukta, Santosh Hegde, said nomenclature was irrelevant. Call it CVC or Lok Pal or anything else, but it should have the necessary authority and resources to register cases based on whistleblower complaints. They have a point. The scale of corruption in India calls for an ambitious rethink. Sadly, this Bill is only a tiny step in the right direction. There is a long way to go.


Read more: Who will protect the whistleblower? - The Times of India http://timesofindia.indiatimes.com/home/sunday-toi/special-report/Who-will-protect-the-whistleblower/articleshow/6582535.cms#ixzz103WtsYa4

Wednesday, September 15, 2010

'RTI activist Amit Jethva is martyr': Law Minister of India

New Delhi: Calling Right To Information (RTI) activists who have been killed mar tyrs,law minister Veerapp a Moily on Monday said an act meant to protect whistleblowers will be tabled in the winter session of Parliament beginning mid-November.

The RTI activists like Amit Jethava and Satish Shetty are martyrs.I salute them, Moily said while inaugurating a two-day conference on RTI organized by the Central Information Commission.

Social activist Satish Shetty,who had blown the whistle on a series of land scams in and around Talegaon,Lonavala and Pimpri-Chinchwad near Pune,was murdered near his residence in January.Amit Jethava was killed near the Gujarat HC in Ahmedabad in July after he raised his voice against illegal mining in the Gir forests area.These RTI activists have contributed a lot to the country, Moily said.

Tuesday, August 10, 2010

Union Cabinet approves Whistleblowers Bill

New Delhi, Aug 9 (ANI): The Union Cabinet on Monday cleared the Public Interest Disclosure (Protection of Informers) Bill, 2010, which gives sweeping powers to the Central Vigilance Commission (CVC) to protect whistleblowers from any disciplinary action for exposing corruption in a government department.


The Bill will now be tabled in the Parliament, and if passed would be sent to President Pratibha Devisingh Patil for her consent.

It will become an Act if President Patil signs it.
Revealing the identity of a whistleblower can invite up to three years in jail and a fine of up to Rs 50,000.

The Bill also proposes that no court can interfere in the case and can have any powers over the decision made by the CVC. It will also be able to take action against anyone, who makes frivolous complaints.

The Bill, if cleared by the Cabinet and thereafter passed by Parliament, will go a long way in helping those who make disclosures in public interest.

The proposed law comes in the wake of the murder of Right to Information activist Amit Jethwa in Ahmedabad recently. (ANI)

Saturday, July 31, 2010

Amit Jethwa : A Remembrance

Amit Jethwa : A Remembrance



Amit Jethwa, the well-known naturalist, ecological & RTI-activist, is not among us today, yet the foot-prints left by him will be showing way to the thousands of youths like us, associated with his campaign through, “Gir Nature Youth Club”.



In a short span of less than a decade, how a lab-technician of Khambha Village of Saurashtra emerged as one of the active workers in field of forest-preservation, ecological-balance and awareness among people, especially on “Right to Information (RTI)”, is a much-told story. To his close associates, he was a truly devoted worker who never expected, or should I say that never accepted any reward or award for his acclaimed works. He was a source of inspiration among his team-mates, who usually passed on credits to them. Young Naturalist Award, constituted by Sanctuary Magazine, for 2006 to GNYC workers Bharat Kamaliya for protection of whale-shark and the same for 2007 to Hakkabhai Makwana for Vulture-protection shows that saplings grew below the big Banyan.



As the Chief Editor of “Around the Nature” he evolved an effective tool of communication with the people with concern over the effect of industrial and commercial activities on ecological balance and wild-life. He had also earned reputation as the member of GEER Foundation established by Gujarat Government.



His unfortunate tragic end has left a huge gap in the scenario, especially before the youths, who has been working with him for years and for whom, he was a source of guidance as well as of inspiration and courage. His sudden demise will, ofcourse, not bring such activities to an end, what matters is that we have lost a developer of enthusiastic and devoted activists.



We all members of Gir Natural Youth Club condemn his brutal assassination. We are also in receipt of several such messages from all across Gujarat. We are shocked but still committed to bring forward his campaign with all our strength.



May GOD rest his soul to eternal peace!



Monday, July 12, 2010

Bird watchers’ global meet on Nov 25

The three-day ‘Global Bird Watcher’s Conference’ will be held in Khijadia from November 25. About 100 participants from abroad and different parts of the state are expected to attend the conference.


Officials in the tourism department said that the conference was being planned in order to put Khijadia on the global map like Nal Sarovar and to make it a tourist attraction. Also, the conference will be held during that time of the year when migratory birds are found in large numbers.

Khijadia is the only place where fresh water and sea water is found. It also witnesses about 250 different species of bird flocking here every year.Chief Minister Narendra Modi has posted a message on Gujarat Tourism website and said that Gujarat is fast emerging as an eco-tourism destination, boasting of a wide range of pristine and even hitherto unexplored destination for avid nature lovers. He adds that over 350 species of birds from distant lands are found here since decades.

While tourism department officials said Khijadia falls on way to Dwarka and is just 15 km away from Jamnagar and so this route which is in bad shape will be repaired soon.

About 100 experts from abroad and other states as well as another 300 participants from Gujarat will be attending the conference. Moreover, papers would be presented on migratory birds and the route they take to reach Khijadia, their behaviour and breeding pattern will be studied. An interpretation center has also been constructed.

Relocation of tiger to Panna put off for now

New Delhi: Worried over safety of four new-born tiger cubs, the Madhya Pradesh government has put on hold its plan to relocate a new male big cat to Panna sanctuary.


‘‘If we shift a male tiger as planned earlier, it might devour the hapless cubs which are less than two months old,’’ said HS Pabla, principal chief conservator (wildlife), Madhya Pradesh.

‘‘Panna currently has one male and two female big cats, including the lactating one. The cubs will face survival threat if a new alien tiger is introduced...The unrelated male may even kill them if they are not their offsprings...This is a natural tendency among the predators,’’ tiger expert K Shankar said.

The state government, on its part, has beefed up security with the entire area being closed for tourists to ensure safe habitat for the cubs.
Overly cautious and secretive, tigresses are often reluctant to let a stranger male go near their litter and immediately move them far from the area which they feel becomes disturbed or threatened, Shankar said.
A tigress spends nearly 70% of its time nursing its cub for the initial few days after birth. This reduces to 30% by the time the cub is one month old. Approximately half of the litters do not survive to attain the age of two, said scientist from Dehradun-based Wildlife Institute of India. For instance, Shankar said, last November an 11-month-old female cub was killed inside the Kanha National Park by an adult tiger. In another incident, a two-year- old tigress was attacked and killed by a tiger while trying to protect her cubs.

Young tigers become independent from their mothers around 17 to 24 months of age, when they first settle temporarily in marginal habitats and then take a permanent territory of their own.

Thursday, July 8, 2010

Green Dandi project launched

The Green Action for National Dandi Heritage Initiative (Gandhi) memorial project was launched in Dandi, some 50 km off Surat, in coastal areas of Navsari district on Wednesday by Union minister of forest and environment Jairam Ramesh at Dandi.


The project worth Rs 25 crore has been taken up by Societies of Integrated Coastal Management (SICOM), an agency working under the Union environment ministry in collaboration with Gujarat Vidyapith in Ahmedabad and Gujarat Ecology Commission.

While inaugurating the project, Ramesh said, “Guiding principals of Mahatma Gandhi hold great significance even today in every sphere including economic, social and environmental development. This new project will go a long way in conserving environment sustainably with overall development of the society.”

Gopal Krishna Gandhi, chairman Dandi Memorial Committee, said, “Gandhiji was unconsciously an environmentalist. His guiding principals will help in making this project a success.”

S K Nanda, principal secretary, department of forest and environment in Gujarat, said, “The project will focus on four main tools — conservation of coast and coastal resources, adopting nature-based development of resources, encouraging integrated village and community development, promoting eco-tourism and Dandi as an environment positive tourist destination.”

This project is likely to be completed in two years’ time and its funding will be done through World Bank assisted Integrated Coastal Zone Management (ICZM) project implemented by SICOM. Under the project, mangrove forestation, promotion of non-conventional energy sources, conservation of water, waste management, establishing carbon neutral villages, improvement in livelihood of the locals, village development, and promotion of Gandhian values will take place.

by : times network

Fighting pollution: Jairam’s pat for Vapi, rap for Ankleshwar

One of the most important landmarks of India’s freedom struggle, Dandi was on Wednesday declared an eco-sensitive zone by Union minister of forest and environment Jairam Ramesh. The minister made the declaration in the presence of chairman of Dandi Memorial Committee Gopal Krishna Gandhi in the coastal town.

Apart from Dandi, three villages surrounding Dandi will also be covered under the Environment Protection Act, 1980, he said. Any new industries that want to set up base at Dandi will now have to function under the Act’s purview. A local monitoring committee comprising locals from Dandi, Matwad, Onjal and Samapar villages of Jalapore taluka of Navsari district will be set up to monitor the procedures. “Maintenance of the eco-sensitive zone will be the responsibility of this committee,” Ramesh said.

The villages have a population of 20,000 in all. The eco-friendly development of the region will complete in couple of years’ time. In another important development, the environment minister said that the Gulf of Kutch too will be declared an eco-sensitive zone soon.

“We might have come late, but now that we have arrived we will do our best to preserve the rightful importance of Dandi,” Ramesh said on the occasion. He also added that this initiative should have been taken up a lot earlier, but “better late than never” is the catch phrase in the case of Dandi. As part of the project, an environment friendly ‘smarak’ (memorial) of Gandhiji will also come up.

Talking to a small gathering, Ramesh said that development of Dandi is a national programme and that there is no politics involved. In this endeavour, both the state and central government are together.

Linking Gandhiji with nature and environment, Gopal Krishna said, “Our aim is to see Dandi as an internationally promoted ecological centre. Gandhi was always linked to nature and environment. While developing this historic place, we have to look for ecological gains. We can achieve this objective by establishing bio-shield steps and making the Dandi beach totally pollution-free.”
 
by : times of india