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kgg/2w/5.00

SHRI SHIVRAJ V. PATIL: I have understood the intention with which you are saying. What you are suggesting is correct. We do not need any rules to give any authority to the National Human Rights Commission. The Constitution and the law give them the authority. What you are saying is correct. If, because of this kind of understanding, difficulty is going to arise, we will put it in the rules so that this difficulty can be obviated. I can understand that. But, Sir, giving them the authority, rules are not needed. So, this is the position as far as the amendments are concerned.

Then, there are other amendments which are of solitary in nature. By and large, the hon. Members, accepted these amendments. Even this amendment, when Mr. Jaitley spoke to me personally, I thought that he was having the same kind of apprehension, as you have and he was suggesting, why National Human Rights Commission, why not State Human Rights Commission? We will take care of this thing. We will not create a problem for the National Human Rights Commission. There are one or two points which are made here and one of the points was the National Human Rights Commission should be given some authority. Sir, what is said in this respect is correct, that they do not have the direct authority to see to it that that findings given by them become binding on all. But, then, we have many other organisations. In this respect, the most powerful body in the country is the Supreme Court. What is said by the Supreme Court has to be followed. Even if you do not like the order given by the Supreme Court, it has to be carried through. That authority is given to the Supreme Court, the High Court, district courts, the civil courts and the magistrate's courts. That authority is already given. This is not something of the same kind. This is something bigger.

If we study the charter given to the Human Rights Commission, it is something bigger. It is related to the policy making, it is related to the research, it is related to the bigger issues. What is provided in this law? If the Human Rights Commission comes to the conclusion that what is said by the Human Rights Commission is something in which punishment has to be awarded, the Human Rights Commission will not award the punishment, but Human Rights Commission will refer the case to the Supreme Court, to the High Court, to any other court for punishment and then the punishment will be given by that court. This is the arrangement.

I would like to say that the media today, in our country, is not having any sanctioning authority, power to punish anybody. And yet, how powerful it is! Because it creates public opinion. The United Nations is an international body which is presiding over the matters relating to the most powerful nations in the world. It has no power to sanction. Yet, it has the power to create the public opinion. And that public opinion is more powerful than the authority which is given to any body to punish anybody.

The Human Rights Commission is something like this. It is something which can be treated at a very, very high level. But as far as the actual functioning is concerned, it is the Supreme Court, and other courts, which are punishing and is seeing that the orders passed are implemented. But, to the extent it is necessary and possible, we would not just brush this aside saying that the Human Rights Commission should not be given more power. We will again consider it and examine it, and wherever necessary and possible to do something in this matter, we will be happy to do that.

There was a point made by Smt. Brinda about the appointment of DGs. Generally, we consult the Human Rights Commission. How the appointments of DGs and highest police officials are made? They are not done by the Ministry alone. It is DoPT, the Home Ministry, the Cabinet Secretariat and the Prime Minister. And all, in the ACC, they consider it.

(Contd. by 2x/kls)

GS/KLS/2X-5.05

SHRI SHIVRAJ V. PATIL (CONTD): The ACC is the competent authority. ...(Interruptions)... The matters go to ACC and generally we try to see that the recommendationS made by a particular Minister are not brushed aside. We do take into consideration. For certain reasons if he has certain information or we have certain reasons, it is not binding on the ACC and yet we do consult them and we will certainly keep this in mind whenever any appointment is made for this purpose. Now, the Chairman of the Minorities Commission why should not be the member or the chairman; well, I am not immediately in a position to reply to this question. We are going to have the Chairman of the Scheduled Castes Commission and the Scheduled Tribes Commission and Minority Commission whether it is necessary or not, we will examine it. If it is necessary, we will do it. But at this point of time I am not in a position to say. One of the greatest difficulties which is faced by us is that these are the commissions created, established in order to look into particular areas of activity and they have a lot of authority. Now, supposing all the chairmen can come then it will come. But if SC and ST is coming, why not the Minorities Commission could, this is a very, very valid conclusion. I will definitely look into it without promising anything. Do not treat it as an assurance given on the floor of the House. But we will definitely look into it and whatever is necessary we will do after looking into it. ...(Interruptions)... Sir, I am really grateful to all hon. Members who have shown great interest...(Interruptions)...

SHRIMATI BRINDA KARAT: What about the woman member? ...(Interruptions)...

SHRI SHIVRAJ V. PATIL: I would like to say whether you are asking for a woman member to be the member of the Commission or whether you are asking for reservation. ...(Interruptions)...

SHRI N. JOTHI: Woman as a member. ...(Interruptions)...

SHRIMATI BRINDA KARAT: What I had suggested was that you have these five members and you give different qualification very correctly. What I am saying is that within those qualifications, you must say of whom at least should be a woman. That is my request and I am sure the hon. Minister will accede to our request.

SHRI N. JOTHI: We can easily accommodate. ...(Interruptions)...

SHRIMATI BRINDA KARAT: For all these 14 years there was one woman member. She did an excellent job. ...(Interruptions)... Why don't you make it mandatory? ...(Interruptions)...

THE VICE-CHAIRMAN: Let the Minister say something. ...(Interruptions)...

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SHRI SHIVRAJ V. PATIL: Assurance is no, sympathetic consideration is yes. ...(Interruptions)... It is more equal to an assurance. ...(Interruptions)...

SHRIMATI BRINDA KARAT: For women, only sympathy, no assurance. ...(Interruptions)...

SHRIMATI S.G. INDIRA: We do not want that sympathetic consideration. ...(Interruptions)... We are asking for our right. ...(Interruptions)... We did not expect this type answer.

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SHRI SHIVRAJ V. PATIL: We will keep in mind. ...(Interruptions)... It is a very valid suggestion made. ....(Interruptions)...

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SHRI SHIVRAJ V. PATIL: If a lady should be a member ...(Interruptions)... If the Chairman is lady, it will be a very good thing. Definitely, we will keep it in mind. ...(Interruptions)... Even before you made these suggestions, we did have a very, very erudite member as the member of the Human Rights Commission for four years. ...(Interruptions)... She did very well. ...(Interruptions)... She did very well.

SHRIMATI BRINDA KARAT: Make it mandatory. ...(Interruptions)... One woman member. ...(Interruptions)...

SHRI SHIVRAJ V. PATIL: If it has to be done, it cannot be done in this fashion. There has to be an amendment. ...(Interruptions)... If they were so worried...

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ߴ֟ ֵ : ָ, ־֕ ֯ ֮ ..(־֮֬)..

SHRI N. JOTHI: There is scope for it.

THE VICE-CHAIRMAN: Mr. Jothi, please take your seat.

SHRI SHIVRAJ V. PATIL: I cannot give an assurance. ...(Interruptions)...

SHRIMATI S.G. INDIRA: We do not want only sympathetic consideration. It is a right. ...(Interruptions)... Please give it to us. ...(Interruptions)...

SHRI SHIVRAJ V. PATIL: Of course, it is a right. ...(Interruptions)... I am with you for that right. ...(Interruptions)... I am with you for a bigger right. ...(Interruptions)... I am with you for a bigger right. Hold it. ...(Interruptions)...

SHRIMATI BRINDA KARAT: Do not transpose one right with another. ...(Interruptions)...

SHRI SHIVRAJ V. PATIL: We do not want to do all these things through reservation only. (Contd by 2Y)

-KLS-SSS-SC/5.10/2Y

SHRI SHIVRAJ V. PATIL (CONTD.): Let us do it through understanding also. If there is a person and if she can be appointed Chairman or a Member, you will find us ready.

SHRIMATI BRINDA KARAT: Sir, we have spent 13 years, there is no other woman. Only one was there. What is this logic?

THE VICE-CHAIRMAN (SHRI KALRAJ MISHRA): Now, I put the motion to vote. The question is:

That the Bill further to amend the Protection of Human Rights

(Amendment) Bill, 2005, be taken into consideration

The motion was adopted.

THE VICE-CHAIRMAN: We shall now take up clause-by-clause consideration of the Bill.

Clause 2 was added to the Bill.

 

THE VICE-CHAIRMAN (SHRI KALRAJ MISHRA): In Clause 3, there are four amendments, no. 3 and 4 by Shri Shivraj V. Patil, No. 8 by Shri Arun Jaitley and No. 11 by Shrimati Brinda Karat.

CLAUSE 3: Amendment of Section 3

SHRI SHIVRAJ V. PATIL: Sir, I accept the amendments proposed by Shrimati Brinda Karat and Shri Arun Jaitley. And I move the amendments given by myself and by Smt. Brinda Karat and Shri Aurn Jaitley:

No. 3. That at page 2, line 20 for the words "a Chief Justice of the Supreme Court" the words "a Chief Justice of India" be substituted.

No. 4. That at page 2, lines 25-26 for the words "as may be delegated to him by the Commission or the Chairperson" the bracket, words and figure "(except judicial functions and the power to make regulations under Section 40B) as may be delegated to him by the Commission or the Chairperson, as the case may be" be substituted.

No. (8) That at page 2, lines 19 to 21 be deleted.

No. (11) That at page 2, lines 19 to 21 be deleted.

 

The questions were put and motions were adopted

Clause 3, as amended, was added to the Bill

 

THE VICE-CHAIRMAN (SHRI KALRAJ MISHRA) : Now, we shall take up Clause 4 of the Bill. There is one amendment by the Minister.

Clause 4: Amendment of Section 4

SHRI SHIVRAJ V. PATIL: Sir, I beg to move:

5.      That at page 2, line 31, the words "or absence" be deleted.

The question was put and the motion was adopted.

Clause 4, as amended, was added to the Bill.

Clauses 5 to 8 were added to the Bill.

 

(FOLLOWED BY NBR "2Z")

-SSS/NBR-MP/2Z/5.15.

Clause 9: Amendment of Section 12

THE VICE-CHAIRMAN (SHRI KALRAJ MISHRA): There are two amendments, No. 9 by Shri Arun Jaitley and No. 12 by Smt. Brinda Karat. Smt . Karat, are you moving your amendment?

SHRIMATI BRINDA KARAT: Sir, as far as amendment no. 12 is concerned, it is about the reference to the court. Now, since the hon. Home Minister very specifically said that he is going to include that in the Rules or somewhere, in compliance to that assurance, I am not moving the amendment.

THE VICE-CHAIRMAN: I am talking about 9.

SHRI SHIVRAJ V. PATIL: Sir, notices were given for amending Clause 9 by Mr. Arun Jaitley. Smt. Brinda Karat is not moving. Shri Arun Jaitley is not here. We can put it and dispose it off...(Interruptions)...

 

 

Clause 9, as amended, was added to the Bill

Clauses 10 and 11 were added to the Bill

 

(FOLLOWED BY USY "3A")

NBR-USY/3A/5.20

 

THE VICE-CHAIRMAN (SHRI KALRAJ MISHRA): Now, Clause 12 there is amendment (No.6) by the Home Minister and amendment (10) by Shri Arun Jaitley. ..(Interruptions)...

Clause 12 : Amendment of section 21

 

SHRI SHIVRAJ V. PATIL: Sir, I am moving my amendment as well as the amendment of Shri Arun Jaitley. I am accepting his amendment. I move:

No.6 That at page 5, after line 16, the following proviso be inserted, namely:-

 

Provided that every appointment made under this sub section

shall be made after obtaining the recommendations of the

Committee referred to in sub section(1) of Section 22 in respect

of the State for which a common Chairperson or Member, or

both, as the case may be, is to be appointed.

 

No.10 That at page 5, lines 5-6 the words or a judge of a High Court

for at least five years be deleted.

 

The questions were put and motions were adopted.

Clause 12, as amended, was added to the Bill.

 

THE VICE-CHAIRMAN :In Clause 13, there is one amendment (No.7) by Shri Shivraj V. Patil.

 

CLAUSE - 13 : Amendment to section 22.

SHRI SHIVRAJ V. PATIL: Sir, I move:

7. That at page 5, line 23, the words "or absence" be deleted.

 

The question was put and the motion was adopted.

Clause 13, as amended, was added to the Bill.

Clauses 14 to 19 were added to the Bill.

THE VICE-CHAIRMAN :In Clause 1, there is one amendment (No.2) by Shri Shivraj V. Patil.

 

CLAUSE - 1 : Short title and commencement.

SHRI SHIVRAJ V. PATIL: Sir, I move:

2. That at page 1, line 3 for the figure "2005" the figure "2006" be substituted.

 

The question was put and the motion was adopted.

Clause 1, as amended, was added to the Bill.

THE VICE-CHAIRMAN : In the Enacting Formula, there is one amendment (No.1) by Shri Shivraj V. Patil.

ENACTING FORMULA

SHRI SHIVRAJ V. PATIL: Sir, I move:

1. That at page 1, line 1, for the word "fifty-sixth" the word "Fifty-seventh" be substituted.

 

The question was put and the motion was adopted.

The Enacting Formula, as amended, was added to the Bill.

The Title was added to the Bill.

SHRI SHIVRAJ V. PATIL: Sir, I move :

That the Bill be passed.

The question was put and the motion was adopted.

(Ends)

STATEMENT RE: STATUS OF IMPLEMENTTION OF THE RECOMMENDATIONS CONTAINED IN THE TWENTY-THIRD REPORT OF THE DEPARTMENT-RELATED STANDING COMMITTEE ON INFORMATION TECHNOLOGY

 

THE MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS (SHRI SURESH PACHOURI): Sir, on behalf of my colleague I lay a copy of the statement regarding the status of implementation of the recommendations contained in the Twenty-third Report of the Department-related Parliamentary Standing Committee on Information Technology. (Ends)

(Followed by 3A -- NB)

-USY-NB/VP/3B/5.35

THE VICE-CHAIRMAN (SHRI KALRAJ MISHRA): Shri Dara Singh. Not here. Shrimati Shobhana Bhartia. Not here. Shri S.P.M. Syed Khan. Not here. Shri Datta Meghe. Not here. Shri Ali Anwar.

 

 

 

SPECIAL MENTIONS

 

DEMAND TO PROTECT BANARSI SAREE

INDUSTRY FROM CLOSURE

 

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ֵԌ ֣ ֮ ֟ , ָָ ָ֮ ֛ ֻ֯ ֻ ָֹ ׻֋ ָָ ֋ ֮־֤

(ִ֯)

֮ ֮ ̴֕ (֬ Ϥ) : ֳ֬ , ֮ ֯ ֣ ֲß

(ִ֯)

THE VICE-CHAIRMAN (SHRI KALRAJ MISHRA): Shri Gireesh Kumar Sanghi. Not here. Shri Lalit Kishore Chaturvedi. Not here. Shri B.K. Hariprasad.

NEED FOR REFORMS IN THE PROCESS OF

SELECTION IN JUDICIARY

 

SHRI B.K. HARIPRASAD (KARNATAKA): Mr. Vice-Chairman, Sir, even after five decades of independence and coming into force of the Constitution of India, empowering the SC/ST and the OBC communities, by way of reservation to secure opportunities in the areas of education and employment, there has not been much change, as envisaged by visionaries who framed the Constitution, in the socio-economic status of these downtrodden and oppressed classes.

Despite provision of reservation for SC/ST/OBCs in the UPSC selection process, the Dalit community has come a long way to prove that merit is not the sole virtue of the privileged, by securing more than 50 seats in the UPSC selection during last year. It is, therefore, high time that SC/ST/OBCs are given their rightful share in judicial appointments on merits. Under article 312 of the Constitution, it has been mandated to create an All-India Service for Judicial Service like the IAS, IPS, IFS etc. whereby the process of nomination to the Judiciary presently followed, be done away with.

I urge upon the Centre to initiate action in this direction by enactment of law at the earliest. (Ends)

SHRI JANARDHANA POOJARY (KARNATAKA): Mr. Vice-Chairman, Sir, I associate myself with the Special Mention made by the hon. Member.

MS. MABEL REBELLO (JHARKHAND): I associate myself with the special mention made by the hon. Member.

SHRI V. NARAYANASAMY (PONDICHERRY): Sir, I associate myself with it.

SHRI RAMDHAR KASHYAP (CHHATTISGARH): Sir, I also associate myself with the Special Mention made by the hon. Member.

DR. RADHAKANT NAYAK (ORISSA): Mr. Vice-Chairman, Sir, I associate myself with the Special Mention made by the hon. Member.

SHRI K. KESHAV RAO (ANDHRA PRADESH): Sir, I also associate myself with it. (Ends)

(Followed by PK/ 3C)

-VP/PK/3C/5.30

CONCERN OVER MONOPOLY OF DUBAI PORTS WORLD IN CONTAINER TERMINAL

MS. MABEL REBELLO (JHARKHAND): Sir, the Government is aware that developing world-class container terminals is at the very core of India's thrust to be a major global player with a sizable share of world trade, commensurate with her increased status, as one of the largest and fastest growing economies in the world. With this end in view, the Government has encouraged investment by international players who are leaders in the field. When such internationally renowned container terminal operators take concessions at Indian ports, they not only ensure that such ports are benchmarked against internationally accepted parameters, but also that they add value to Indian foreign trade by competing with each other to lower trans-national cost at Indian ports. It is through healthy competition that shippers in India are benefited.

It is known that some years ago, the Government barred a particular entity from participating in a tender for a concession in a port That entity already ran a terminal in the same port. Although the party challenged the decision in the courts, first the High Court and then the Supreme Court upheld the Government's decision, since it was in the interests of enhancing competition, thus benefiting Indian trade.

In the light of this, it is amazing that the Government is taking no cognisance of the fact that following the acquisition of P & O Ports by Dubai Ports World a whole ring of ports around the Indian Peninsula will be controlled by DPW. To make matters worse, the take over will give DPW control over container terminals in both Karachi and Colombo. Thus, in a ring of ports ranging from Kulpi in West Bengal to Visakhapatanam, Chennai, Colombo, Kochi, JNPT, Mundra and Karachi container terminals will be run only by DPW.

This comes to alert the Government that such a monopoly can hold the entire subcontinent to ransom by simply engineering a port strike in all the ports of DPW in India, Pakistan, and Sri Lanka and paralyse total exports and imports to these countries and consequently devastate the economies of these three countries. (Ends)

SHRI AJAY MAROO (JHARKHAND): Sir, I associate myself with the Special Mention made by the hon. Member.

(Ends)

 

THE VICE-CHAIRMAN (SHRI KALRAJ MISHRA): Shri Ramdas Agarwal, absent; Shrimati Hema Malini, absent. Next, Shri P.R. Rajan.

SHRIMATI BRINDA KARAT: Sir, this is his maiden speech.

DEMAND TO INCREASE ALLOCATION OF WHEAT AND KEROSENE FOR PDS IN KERALA

 

SHRI P.R. RAJAN (KERALA): The Public Distribution System in Kerala has been in existence from 1966, and its performance is widely acclaimed. It has been an effective instrument in checking the price of foodgrains and other essential items viz. sugar, edible oil and kerosene. But the changes made by the Government of India from time to time have weakened the scheme. These changes are restriction of sugar to BPL cardholders, reduction of subsidies and continuous cut in the allocation of kerosene. The last of these series of changes is the reduction in the allocation of wheat for the PDS in the State. It may be noted that Kerala is more than 85 per cent deficit in the production of foodgrains, and its requirements are met by PDS foodgrains from outside the State. In this situation, reduction of allocation of foodgrains effected by the Government of India is quite detrimental to the Targetted Public Distribution System in the State.

Kerosene is also one among the essential commodities and an item of daily use by the poor sections of the society. In Kerala, kerosene is distributed to ration cardholders at the rate of two litres for electrified houses and five litres for non-electrified houses per month. Besides, permits for cooking, fishing, agriculture, etc. have also been issued.

So, the allocation of wheat and kerosene may kindly be enhanced for sufficient distribution of these items through PDS in Kerala. Thank you. (Ends)

SHRI MATILAL SARKAR (TRIPURA): Sir, I associate myself with the Special Mention made by the hon. Member.

SHRI A. VIJAYARAGHAVAN (KERALA): Sir, I also associate myself with the Special Mention made by the hon. Member.

SHRIMATI BRINDA KARAT (WEST BENGAL): Sir, I also associate myself with the Special Mention made by the hon. Member.

SHRI PRASANTA CHATTERJEE (WEST BENGAL): Sir, I also associate myself with the Special Mention made by the hon. Member.

SHRI JAYANTILAL BAROT (GUJARAT): Sir, I also associate myself with the Special Mention made by the hon. Member. (Followed by 3D/PB)

PB/3D/5.35

NEED TO RAISE COFFEE PLANTATIONS IN VISHAKAPATNAM AND EAST GODVARI DISTRICTS OF ANDHRA PRADESH.

 

SHRI RAVULA CHANDRA SEKAR REDDY (ANDHRA PRADESH): Sir, my Special Mention is regarding raising of coffee plantations in 10,000 hectares of degraded forest lands in Eastern Ghats of Visakhapatnam and East Godavari districts of Andhra Pradesh.

Sir, during the years 1970s and 1980s, Andhra Pradesh Forest Development Corporation has raised about 4000 hectares of coffee plantations in Visakhapatnam and East Godavari districts. It has shown excellent results, besides creating sustainable employment opportunities to the local tribal community. Further expansion of these areas were stopped after the Forest (Conservation) Act, 1980 came into force.

The expansion of coffee plantation is proposed in the same zone as the climate and other conditions are quite suitable for coffee cultivation. The degraded forest land and abandoned podu cultivated area can be brought out under coffee cultivation. This will help in providing employment to the tribals and remove poverty and wean them away from podu cultivation. It will also help to conserve the precious soil and moisture in the area. The project, submitted by the A.P. Forest Development Corporation for covering 10,000 hectares initially will provide employment to 5000 families, is lying with the Government of India. This proposal may be approved immediately. Thank you, Sir. (Ends)

 

 

THE VICE-CHAIRMAN (SHRI KALRAJ MISHRA): Shri M.V. Mysura Reddy; not present. ֤ ֵԾ פ 4.8. 2006 ֟: 11 ֕ ׻֋ ã֟ ֟

**********

The House then adjourned at thirty-six minutes

past five of the clock till eleven of the clock

on Friday, the 4th August, 2006.

 

 

 

 

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