1. All citizens of India, including children, enjoy several fundamental rights which I have elaborated already. Participating in rallies and/or any other activities which interests them is not "exploitation". By trying to curb their fundamental rights and freedoms and holding them chained to your biased thoughts and skewed interpretations of the law, you are the one who is trying to exploit them.
2. Children have always engaged in all kinds of extra-curricular activities like Rallies, Sports Tourneys, Art Workshops, Training camps, Picnics, etc. This is considered as a part and parcel of schooling and there is nothing illegal about it. All schools/ colleges periodically hold such extra-curricular events in their respective Institutions. 3. To the best of my knowledge, there are no specific procedures prescribed in educational rules for obtaining consent. Therefore, any kind of communication used(and approved by the Institutions and parents/ guardians of students) is a valid procedure and third parties do not have a right to debate/ overrule such a procedure. 4. In the absence of any specific procedure, consent can be obtained using any legal/ valid forms of communications like letters, sms, emails, phone calls, etc. We have obtained consent through these forms of communication. If there is any specific prescribed procedure, you are free to place it on record. 5. As organizers, we have taken utmost care to ensure that the safety of students was taken care of. Police protection, traffic arrangements, etc were all legally obtained. All other permissions were also obtained. 6. Rallies was just one small part of our exercise in schools/ colleges to educate students about the evils of corruption and to devise ways and means to combat this dreaded disease. Ours was not a one day event. Other events like workshops, Elocution, debates, Art, etc too have been organised in many Institutions and will be organised in many more Institutions. Students are supporting us in large numbers. 7. The IAC's accounts are all transparent. There is nothing wrong in receiving funds from Industrialists. Even Gandhi was funded by Industrialist G. D. Birla. In conclusion, let me simply say that while you have the freedom to oppose, we have the freedom to organize. So you do what you feel is best for you and we will do what we feel is best for our Country. regards, Sandeep > From: Gerald Fernandes <[email protected]> > To: "[email protected]" <[email protected]> > Subject: Re: [Goanet] Stop Corruption-- Paintings by School Children > (Sandeep, J.C, Dr Falcao) > Message-ID: <[email protected]> > Content-Type: text/plain; charset=iso-8859-1 > > 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. > > ------------------------------ >
