Anda Hazare seems to have conveniently forgotten "Pehle durusti, baad chusti"
(Correctness first,Speed later) the slogan that his Weapons Instructors would
have droned/drummed/drilled into his ears during his former training as a
Recruit with the Indian Army. How else did he not abide by it in his so
called campaign against corruption. Television footage records that a lavish
spread for nearly TEN THOUSAND people was served at Ralegaon Siddhi on the
return of ANDA HAZARE to his village. Makes people wonder how this Anda Hazare
could afford to extend lavish hospitality to so large numbers ,when of his own
admission he has no source of income or does not own agricultural land?
The age of consent is a minefield in the laws of our country. Different laws
provide different ages of consent for various purposes. A male person below
fourteen is deemed not to have capacity , and hence cannot be guilty of rape or
other criminal act under the Indian Penal Code(IPC) whilst a female above
sixteen is deemed to have reached the age of consent to have sexual
intercourse. In employment legislation a person over the age of fourteen can be
employed legally with specific safeguards.Under the Constitution of India
,persons below fourteen have a vested right to compulsory education and which
rightconsequently it appears cannot be waived/ altered by any legislation or
person.A person at eighteen years is permitted to cast vote to elect
representatives to law making bodies, whilst similary a person below
eighteen does not have capacity to contract under the Indian Contract Act.
Under the Indian Evidence Act no age is prescribed for the
purpose of giving Evidence,however a child is deemed competent to give
Evidence, if the Judge deems that the child is able to understand questions
posed.Even an unborn child has rights to hold property under the Transfer of
Property Act in India,and that property automatically devolves to the child on
reaching the age of eighteen,or the age of twenty-one if a Court has adopted a
guardian.A fetus too, has rights under law in India,as the Medical Termination
of Pregnancy Act only provides for abortion if the life of the child/mother is
threatened.further mandatory periods after which abortion cannot be procurred
is laid down. This brief Survey of the law in India provides a backdrop against
which actions of Chaps like Sandeep Heble and activists of IAC have to be seen
in relation to their acts of suborning children to take part in street protests
in support of ANDA HAZARE AND HIS COHORTS.
Specifically, in the State of Goa the Goa Children's(GCA) Act 2003 came into
force on 14th July 2003, with the object "to protect,promote and preserve the
best interests of children in Goa and to create a society that is proud to be
child friendly" Under this act Child is any person who has not completed
eighteen years of age. Caregiver includes an employee of an educational
institution,a nursery,creche,clinic,hospital,sports club,recreational
facility,or any facility that provides services to children.Competent Authority
under the Act is the Secretaryto the Government Department of Women and Child
Development. The Act expressly prohibits a child from being exploited as its
cornerstone is to secure that childhood is protected from exploitation.The act
also does not permit children to be engaged in rag picking,campaigns to clear
debris and such similar activities.
In the light of the provisions of law cited above as applicable and in force in
the State of Goa, Sandeep Heble and activists of IAC would be liable for
prosecution UNLESS THEY HAD OBTAINED PRIOR PERMISSION FROM THE COMPETENT
AUTHORITY UNDER THE GCA ie, THE SECRETARY TO THE GOVERNMENT OF GOA,WOMEN AND
CHILD DEVELOPMENT DEPARTMENT.
IT IS MY SUBMISSION THAT NOT ONLY SANDEEP HEBLE WHO HAS ADMITTED TO HAVE
CONDUCTED THE STREET PROTESTS AND IS CLAIMING TO HAVE HAD SOME UNDISCLOSED
PERMISSION , BUT ALSO HEADMASTERS OF SCHOOLS WHO PERMITTED CHILDREN UNDER THEIR
CARE TO PARTICIPATE IN SUCH STREET PROTESTS WOULD BE CULPABLE AS WELL, UNLESS
PRIOR PERMISSION WAS OBTAINED FROM THE SECRETARY TO GOVT.OF GOA, WOMEN AND
CHILD WELFARE DEPT.IN THE CASES OF EACH CHILD BELOW EIGHTEEN YEARS.
Interestingly, I am told that activists of IAC also approached Law College
students in Panaji. The Law College Authorities ,I am told refused permission
to permit any law student below eighteen years to participate,whilst holding
that law students above eighteen who wish to participate could voluntarily do
so ,subject to any civil,criminal and educational liabilities that they might
incur by their actions. MOST LAW STUDENTS,I AM TOLD,CHOSE NOT TO PARTICIPATE.
We reiterate that we are willing to provide legal facilitation to any person
who may like to set the law in motion.
LONG LIVE THE REPUBLIC OF INDIA THAT IS BHARAT. LONG LIVE THE CONSTITUTION OF
INDIA--BULWARK OF THE PEOPLE OF INDIA!!!!!!!
Gerald Fernandes.
