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Showing posts from September, 2018

RTI: Legal framework for privacy, data protection shouldn't be undermined

Joint statement by RTI and privacy activists on the amendments to Section 8(1)(j) of the RTI Act proposed by the Committee of Experts under the Chairpersonship of Justice BN Srikrishna: *** The Right to Information (RTI) and the Right to Privacy (RTP) are fundamental rights flowing from the Indian Constitution. The State has an obligation to protect and promote both rights. To strengthen democracy and constitutional freedoms, it is critical that the two rights be carefully balanced. The Justice Srikrishna Committee, tasked with drafting the Data Protection Bill, was therefore expected to develop a framework harmonizing the need to protect certain kinds of personal data with the provisions of the Right to Information Act, 2005, which lays out the statutory framework for Indian citizens to access information, including personal information. However, the Draft Data Protection Bill, 2018 (DPB) prepared by the committee, fails to safeguard and balance the two. If accepted, the amendments pr

UN Declaration on Human Rights should have separate article on ‘Right to Peace’

By Fr Cedric Prakash sj* On Thursday September 20, four people were killed in Maryland, US in a workplace mass shooting spree; it was the third workplace shooting in the US in less than twenty –four hours. Earlier that day in Uttar Pradesh, India killed two men in an “encounter” after “inviting” journalists to watch. Since March 2017, sixty-six persons have been killed in UP in ‘encounters’; most of those killed were Muslims. Armed conflicts and violence continue to ravage several parts of the world today from Mexico to Afghanistan; from Yemen to South Sudan. Thousands all over flee war and violence, are displaced from the comfort of what they once called ‘home’ and to seek refuge in more secure areas. It is no rocket science to conclude that for millions everywhere, the peace, which is, rightfully theirs, is totally in ‘pieces’! So how does one observe yet another International Day of Peace on September 21? Do we allow ourselves to be conditioned with yet another day of tokenism and c

India home to acclaimed home-grown models of community healthcare

Dr Abhay and Rani Bang By Moin Qazi* Women are not dying because of diseases we cannot treat…They are dying because societies have yet to make the decision that their lives are worth saving. – Mahmoud Fathalla, Chair of the WHO Advisory Committee on Health Research Inclusive growth is now perhaps the strongest buzzword in development discourse. We have all been talking about growth without understanding that development interventions will not be effectual if they don’t benefit all sections of society. The illusion of trickle-down and ripple-effects of growth had kept us on the wrong track for quite long. Development programmes have delivered good outcomes for some segments of society, but sadly only marginal or zero sum for others. It is this realisation that has prompted policy-makers to draft strategies that can deliver outcomes that benefit everyone. An important new learning is that health or healthcare is a key component of inclusive growth. It is an important piece in the develop

Madrasas, like those run by Qadeer, play vital role in facing today's challenges

By Moin Qazi* The South Indian city of Bidar — the northernmost part of Karnataka, 145 km from Hyderabad — is barely known beyond the subcontinent. But In recent years, it has built a great reputation in the field of education. It is drawing students from miles around, and the teaching pedagogy at its largest seminary (madrasa) that is delivering amazing outcomes has confounded educationists. The madrasa is not just opening the gateway to modern careers but also strengthening the prospects of eternal salvation. In a narrow alleyway, opposite the 15th-century edifice of Madras a of Mahmud Gawan (1472) in Gole Khana area of Bidar stands Shaheen School, the flagship institution of a vibrant educational revolution whose ripples are touching thousands of lives across the country. Parents seeking a blend of temporal and spiritual education are choosing it over mainstream institutions. It offers a bridge course for madrasa pass outs and enables them to join the mainstream education system. W

Anti-discriminatory measures, protection required for people facing exclusion

An interview with Gazala Paul, Managing Trustee & Director, Samerth Charitable Trust , which works works to leverage government programmes to enable poor and marginalized communities to get their due rights and entitlements: *** What inspired you to set up Samerth? Why is the cause so close to your heart? I was always eager to work for communities and socially excluded groups such as tribals, disabled persons, children from geographically remote areas, and those who are unable to fully participate in society – leading to deprivation, lack of opportunity and denial of sources of livelihood, land, housing, education, and skills. Can you recall an act of giving that you did/experienced or witnessed that changed your life? Do tell us about it. Instances that changed my thinking: i. While going through the bastis in Ahmedabad city, I once saw a special child being tied to a cot while his mother went to work as a domestic help. Seeing that made me see the importance of having a service i

Post-nationalization social banking degenerated into populism

By Moin Qazi* It is true that banks can play an important role in the financial transformation of low-income communities, but sustainability should never be overlooked .in their excitement to oblige their constituencies, politicians run financially amok and literally plunder banks for their vote blocks. This was precisely the reason why India’s post nationalization mass banking programmes degenerated into populist agendas, which financially ruined the banks. All these highlighted how unenlightened politicianas can play havoc with financial systems. The entire execution lacked the soul of a genuine economic revolution because it was not conceived by the grassroots agents but assembled by starry-eyed mandarins who had picked up bits and pieces about financial inclusion from pompous new fangled and half-baked ideas generated at seminars and conferences. The original banking concept, based on security-oriented lending, was broadened to a social banking concept based on purpose-oriented c

Charging GST on fees payable under RTI Act is blatantly illegal

By Venkatesh Nayak* Ever since the Central Goods and Services Tax Act, 2017 (GST Act) was brought into force in India, some public authorities have been creating pointless controversies by demanding GST on fees payable under The Right to Information Act, 2005 (RTI Act). RTI applicants in Madhya Pradesh and Maharashtra have reported such illegal demands from public authorities. According to media reports, GST demands have been embedded into the online RTI application filing facilities as well. Such actions constitute brazen illegality. I have put together my arguments based on the evidence gathered from public sources for the benefit of readers in general and RTI users and activists in particular, who are at the receiving end of such malpractices. GST Act itself exempts transactions and duties performed under the RTI Act Section 7 of the GST Act states as follows: ” (2) Notwithstanding anything contained in sub-section (1),–– (a) activities or transactions specified in Schedule III;… …s