SHRI TAPAN KUMAR SEN (CONTD.): Sir, the matter of concern is that the Chief Operating Officer will enjoy undeniable access to all information regarding movement of VVIPs, including the President and the Prime Minister, and regarding other sensitive areas of operation of aviation research centres, the special security networking in the Airports and the contiguous area linked to the airport operation. A foreign national in the post of COO is having serious security implication which can hardly be ignored, particularly, when the internal security aspect of our country is being targeted seriously by different conspirators and anti-national disrupters.

Sir, I have already sought clarifications, requested clarification from the hon. Prime Minister about the overall security perception of the Government vis-a-vis the airport operation. Through my letter of 25th May, 2006, I understand that the matter has not received the due response which it should have as, as per the latest information, the Chief Operating Officer has already been appointed. Sir, this is already creating a serious ramification among all other segments of the airport employees, the airport operation and so on and so forth. The Airport Employees' Union is already seized of the issue and they have also served a thirty-six hour strike notice from 17th August onward. This needs an immediate intervention of the Government ...(Interruptions)... and the matter needs to be looked into urgently. ... ...(Interruptions)...


SHRIMATI BRINDA KARAT: Sir, this is such a serious issue ... ...(Interruptions)...

ֵָ () : ָ, ֋ ..(־֮֬)..

ֳ֯ן : ֯ ך ..(־֮֬).. What do you expect from him? ...(Interruptions)... ָ״ֿ֮ פ ֵ ...(Interruptions)... You have made your point. The Government will take note of it. ...(Interruptions)... ֯ ך ..(־֮֬).. The Government will take note of it. ֯ ך Now; next. Shri Yashwant Sinha.



SHRI YASHWANT SINHA (JHARKHAND): Thank you, Sir, for giving me the permission.

Sir, Hazaribagh, in the State of Jharkhand, is a beautiful place with a salubrious climate, and from the time of the British, therefore, a large number of educational institutions, training institutes have been located in Hazaribagh.

Sir, a decision was taken by the Central Board of Direct Taxes in September, 1998 to locate its regional training institute for its officers and staff at Hazaribagh and, subsequently, Sir, the Central Board of Excise and Customs also set up a regional training institute at Hazaribagh. Not only that, Sir, the Government of India approached the Government of Jharkhand for the allotment of land and deposited an amount of about Rs. 4 crore as the cost of that land and, Sir, the land was made available to the Finance Ministry. They also took possession, and building construction was the next step.

Now, as long as the NDA was in office, there was no problem with these institutes. They ran there smoothly for many years. As soon as the NDA demitted office, all kinds of problems were associated with these two institutes, Sir, and then the Government of India decided that they will close down these two institutes in Hazaribagh. Sir, when I got to learn about it, I immediately took up the matter with the Finance Minister. That was in November of 2005. In January of 2006, I got a reply from the Finance Minister in which he said that 'the decision which had been taken by the Government of India was a justified decision. There were all kinds of problems in Hazaribagh and, therefore, the Institutes could not be allowed to function there.' Now, I replied to him, I told him what the position was, but, Sir, there was no response. I also raised the matter through a Special Mention in this House in December last year to which I have not had a reply so far. So much for issues raised by Members in this House!

Now, Sir, there was an agitation against this decision of the Government of India in Hazaribagh. The House will recall -- because this matter was raised in the House -- that I personally went to jail in Hazaribagh and stayed there for a while, and it was only after I was released that I came back to Delhi to attend the Budget session.

(Contd. by 1q/SKC)


SHRI YASHWANT SINHA (CONTD.): When I came here, Sir, I requested for a meeting with the Finance Minister. He didn't give me time at his house or in his office.


MR. DEPUTY CHAIRMAN: Nothing will go on record...(interruptions)... It will not go on record.

SHRI YASHWANT SINHA: He said, Sir, that we could meet in the lobby of the House...(interruptions)... Then, we could meet in the lobby of the Rajya Sabha when he came here to answer questions on a Tuesday....(interruptions)...

MR. DEPUTY CHAIRMAN: Nothing will go on record...(interruptions)...Nothing of all this will go on record.

SHRI YASHWANT SINHA: Then, we had a meeting in the lobby of this House.


MR. DEPUTY CHAIRMAN: Only what Mr. Yashwant Sinha says will go on record. Nothing else will go on record.

SHRI YASHWANT SINHA: Sir, in that meeting, I again pleaded with him that he should stop removing the assets of the two institutes and he must immediately issue an order to that effect, so that the status quo is maintained and that if there are any difficulties in running those two institutes in Hazaribagh, then the officers of the two boards could probably discuss the matter with him, and then, we would try and sort out those problems. I suggested to him that the institutes must not be shifted from Hazaribagh. He assured me that the institutes will not be shifted and that no action will be taken to shift the assets, which was going on. I told him also, Sir, that I shall bring up this matter in public domain because the people of Hazaribagh wanted to know what had happened as a result of my discussion with him. Then, I followed it up


* Not recorded.

with a letter to him in which I stated all these things and said that I have briefed the media about it. I received a very cryptic reply from him to this letter in which he said, 'I have received your letter and I have passed it on to the concerned officer for necessary action'.

But, Sir, the point I am making is that he did not contradict the contents of the letter. He did not say, 'Mr. Yashwant Sinha, you have misrepresented facts; this is not what we discussed'. So, I was assured that what I had stated was a correct understanding of my discussion with him. Then, no officer ever got in touch with me either from CBDT or CBEC. I kept on telephoning the Finance Minister and also the officers of the Ministry and requested them to arrange a meeting between me and the representatives of the two boards. After a long time, after months had passed, finally, two officers from the CBDT were deputed to come and see me. The first thing that they told me when they came to me was that they no longer were dealing with the issue. I asked them, 'then why have you been sent to me?' They said, 'we do not know. We will take whatever message has to be given by you to the Ministry.' I said. 'I have written a letter to the Finance Minister. I do not want to send messages through you. If there is a need I will talk to him directly.' Then, they told me that the two institutes had been finally closed down and that the Finance Minister had not acted on the assurances that he had given.

Sir, I then wrote to him. Immediately, I sent a letter on the 19th or 20th of June, and I brought this matter to his notice. I told him that this was the assurance he had given to me, how come he had gone back on that assurance? I wrote this letter on the 19th June. Till date, I have not had even an acknowledgement from the Finance Minister...(interruptions)...Not even an acknowledgement...(interruptions)...


SHRI YASHWANT SINHA: Sir, I headed that Ministry for over four years. I am one of his predecessors of that office. If this is the manner in which my letters are treated, then I don't know what is happening in the Finance Ministry now....(interruptions)... Therefore, Sir, I am making a demand in this House, through you, that the Finance Minister must give an assurance, somebody from the Government must give an assurance, that the two institutes at Hazaribagh will be restarted there and that this step-motherly treatment which is being meted out to the State of Jharkhand would be stopped. Hazaribagh, in Jharkhand, is a backward area; these institutes were doing something for the economy of that State. They have been withdrawn by this Government! This is their commitment to ameliorating the conditions of the backward areas! Sir, my charge is that this UPA Government is giving a step-motherly treatment and ill-treating all NDA Governments in all the States. It is a matter of great shame, Sir...(interruptions)...And, therefore, all non-Congress Governments are being given...(interruptions)...


SHRI AJAY MAROO: * (Followed. by 1r/skc)


SHRI YASHWANT SINHA: I want some response from the Government. ..(Interruptions)..

ֳ֯ן : ֯ ך օ.......(־֮֬)

SHRI YASHWANT SINHA: Some response from the Government ..(Interruptions)..

פݾֵ֕ : ֤ ֮ פ ֵ ָ ָ......(־֮֬)


* Not recorded.

ֳ֯ן : ֯ ך օ.......(־֮֬) Please sit down. ..(Interruptions)..

SHRI YASHWANT SINHA: Sir, letters are not even acknowledged. ..(Interruptions).. What do I do? ..(Interruptions)..

MR. DEPUTY CHAIRMAN: If you sit down, I can find out whether the Government wants to respond or not. If you stand ..(Interruptions)..

SHRI S.S. AHLUWALIA: The Government must respond on this. What is this? ..(Interruptions)..


MR. DEPUTY CHAIRMAN: What is this? It will not go on record. ..(Interruptions)..


MR. DEPUTY CHAIRMAN: Please don't bring extraneous matters. ..(Interruptions)..


MR. DEPUTY CHAIRMAN: Nothing will go on record. ..(Interruptions)..


MR. DEPUTY CHAIRMAN: Nothing will go on record. ..(Interruptions).. Shri Suresh Pachouriji.

֤ߵ ֵ ӡֵֻ ֕ ӡ ( ֓) : ֳ֯ן , ֤ߵ ֤õ ָӛ ו֮ ã֮ Ӥ ו ׾֢ ӡ ߓ ָ֡֓ ֟Ի֯ , ָ ӟ׸ ָ֮ ߓ ָ֡֓ ֟Ի֯ օ ã֮ Ӥ , ָ ß-ãן ָ֮ ׾֢ ӡֵֻ ӲӬ ָև և , ֯ օ......(־֮֬)

SHRI C. RAMACHANDRAIAH: Let there be time-frame. ..(Interruptions)..


* Not recorded.


SHRI M. VENKAIAH NAIDU: Sir, Shri Suresh Pachouri is a very intelligent Minister. He said that he would collect the information. Then do what? ..(Interruptions).. Will he inform the House? ..(Interruptions)..

00 ׻ֵ : ֤ ֟֋.......(־֮֬)

SHRI YASHWANT SINHA: Sir, the problem is, you raise issues in this House, but you don't get a reply. You write letters to the Ministers, you don't get a reply, not even acknowledgement. How are we protected? ..(Interruptions)..

SHRI B.J. PANDA: Let him ..(Interruptions)..

MR. DEPUTY CHAIRMAN: Mr. Panda ..(Interruptions).. I cannot find a solution in Zero Hour. ..(Interruptions)..

SHRI YASHWANT SINHA: He should come back to the House. ..(Interruptions)..

MR. DEPUTY CHAIRMAN: Whatever he wants to respond, he has responded. ..(Interruptions)..

SHRI M. VENKAIAH NAIDU: Sir, after all, it is not personal Yashwant Sinha per se. He is the former Finance Minister of this country. He wrote a letter. One month is over. Not even acknowledgement is received. You must sympathise with the Member. If such a situation has arisen to a senior Member, what will be the plight of common man? The Minister, Shri Suresh Pachouri, cannot give a reply. I know that because he has no information. He said that he would collect the information. Let him come back to the House and inform the House so that the House can ..(Interruptions)..

SHRI DIGVIJAY SINGH: He must reply. ..(Interruptions)..


* Not recorded.

MR. DEPUTY CHAIRMAN: On the same subject he has made a Special Mention for which he has not received a reply. Under the Special Mention, the Government is bound to give reply. We will examine it and then get the reply. That I can assure.

SHRI M. VENKAIAH NAIDU: What about this?

MR. DEPUTY CHAIRMAN: You will get the reply. ..(Interruptions)..

SHRI M. VENKAIAH NAIDU: Sir, the Member of the House has got a right to get a reply from the Minister. (Contd. by 1s/KSK)


SHRI M. VENKAIAH NAIDU (CONTD): The Chair has to protect the Member. I am not saying that....(Interruptions).

MR. DEPUTY CHAIRMAN: Whenever a Member writes a letter, it is a custom and it is a direction, probably the Government has the direction that they should be acknowledged it and I hope every Minister will do it.

SHRI M. VENKAIAH NAIDU: Sir, please, take it seriously. The Chair can direct the Minister...(Interruptions).

SHRI DIGVIJAY SINGH: Sir, I have one more point. ָ, ֲ ֿ־ӟ ֮ ֵ , ִֵ ֤ ־ֻ ֮ ֕֟ և ߅ ֳ֯ן ֮ ֲ ֿ־ӟ ֮ ֯ ֵ, ֲ ֮֮ߵ ׾֢ ӡ ֮ ..(־֮֬).. ֯ ֮ ו֋ ֵ֤ , ..(־֮֬)..

ֳ֯ן : ָ ֓ ..(־֮֬)..

פݾֵ֕ : ָ, ֓ ? ..(־֮֬)..

MR. DEPUTY CHAIRMAN: I have to go through the records ֵ֤ ֵ ? ..(־֮֬)..

SHRI SHAHID SIDDIQUI: Sir, look at the arrogance of the Minister.

MR. DEPUTY CHAIRMAN: What direction can I give? How can I give direction in zero hour? Next, Mr. Panda....(Interruptions).

00 ׻ֵ : ָ, ӡ ֤ ֵ֟ ? ..(־֮֬).. ֮ ꌙ օ ָ ֤ ֵ֟? ..(־֮֬).. ֲ ָӛ ӡ ..(־֮֬).. ָӛ ӡ ..(־֮֬)..

SHRI SHAHID SIDDIQUI: Sir, you must give protection.

MR. DEPUTY CHAIRMAN: I am giving all the protection. I cannot ask the Government what type of answer they have to give...(Interruptions).

SHRI YASHWANT SINHA: Wouldn't you agree that two of my letters should have been acknowledged?

MR. DEPUTY CHAIRMAN: Yes, I said that all the letters written by hon. Members have to be acknowledged. That minimum courtesy has to be shown by every Minister. Next, Mr. Panda.




SHRI B.J. PANDA (ORISSA): Sir, thank you for giving me this opportunity to raise this matter. Sir, a few days ago, on the 28th of July, the hon. Chief Minister of Orissa unveiled a statue of late Shri Biju Patnaik. Later that night, at 3.00 a.m., that statue was brutally vandalised, to the extent that it was beheaded and its limbs were severed. Sir, you will agree that late Biju Babu was not just a State-level leader; he was not just a former Chief Minister; he was not just an M.P.; he was not just a Minister at the Central Government, but....(Interruptions).

SHRI V. NARAYANASAMY: It is an issue of the State Government.

SHRI B.J. PANDA: It is not an issue of the State Government. Sir, Bijubabu was a....(Interruptions).

MR. DEPUTY CHAIRMAN: Mr. Siddiqui, let him speak. He does not need your assistance...(Interruptions). ֯ և ..(־֮֬).. Let him mention. The Chair has allowed...(Interruptions).

SHRI B.J. PANDA: Sir, I have not yielded.

MR. DEPUTY CHAIRMAN: You go on. Don't respond. Please, speak....(Interruptions). Mr. Narayanasamy, I have not allowed you. Let Mr. Panda speak....(Interruptions).

SHRI B.J. PANDA: Sir, Bijubabu was one of the tallest national leaders from the days of the freedom struggle till the last years of the 20th century. Sir, the statue itself had been commissioned by renowned sculptor. You can imagine what would happen. Sir, passions have been inflamed because you can gauge the extent of Bijubabu's popularity that in 1984, when almost the entire Orissa State voted for the then Government, the only seat that a non-Congress Member represented at the Centre was Bijubabu. Sir, the next day, 10 people were arrested for this vandalism. One of them happens to be a local Youth Congress leader. Sir, I am not politicising this.

MR. DEPUTY CHAIRMAN: Don't mention the names.

SHRI B.J. PANDA: I am stating the facts. I am not politicising it.....(Interruptions). (followed by 1t)


SHRI V. NARAYANASAMY: Sir, he does not know the real position. (Interruptions)

SHRI B.J. PANDA: I am only stating facts. ..(Interruptions).. I am only stating facts.

SHRI B. K. HARIPRASAD: Sir, he is unnecessarily..(Interruptions)...

SHRI V. NARAYANASAMY: Sir, the Biju Janta Dal Ministers...(Interruptions)... the issue was taken up..(Interruptions)...

SHRI B.J. PANDA: I am not yielding, Sir. (Interruptions)

MR. DEPUTY CHAIRMAN: What can I do? If you name a political party, Members of that political party will react..(Interruptions)... What is that I can do?

SHRI B.J. PANDA: Sir, I am only stating facts...(Interruptions).. I am not making any allegations.

MR. DEPUTY CHAIRMAN: No, the Government has arrested...(Interruptions)... the action will be taken. ..(Interruptions)...

SHRI B.J. PANDA: No, Sir. I will not be shouted down. I am not yielding. ..(Interruptions)... I am only stating facts.

MR. DEPUTY CHAIRMAN: You go on speaking. Don't take cognizance of what they...(Interruptions)...

SHRI YASHWANT SINHA: But, Sir, they must sit down. What is that Mr. Narayanasamy knows about facts?...(Interruptions)...

ֵָ : ֟? ..(־֮֬).. statue ֤ ..(־֮֬)..

ֳ֯ן : ֯ ך ..(־֮֬)..֯ ך, և ֋..(־֮֬)..

SHRI V. NARAYANASAMY: Sir, he is politicising it.

SHRI B.J. PANDA: Sir, I am not yielding and I will not be shouted down. ..(Interruptions)...

MR. DEPUTY CHAIRMAN: Please sit down. ...(Interruptions)... Are you answering, Mr. Narayanasamy?

SHRI B.J. PANDA: I will not be shouted down. They should be ashamed of...(Interruptions)...

Sir, I again repeat that I am only stating facts. I am not politicising anything. ..(Interruptions)...

SHRI V. NARAYANASAMY: What do you know about the facts..(Interruptions)...

MR. DEPUTY CHAIRMAN: No, no. Please. ..(Interruptions)... Mr. Naik, please..(Interruptions)...

ֵָ : ߕ ֵ֙ statue ֤ ..(־֮֬).. פ ָ ֙ ..(־֮֬)..

SHRI B.J. PANDA: I will not be shouted down and I am not yielding. Sir, all men who have been arrested have confessed and some of them have even boasted on TV about what they have done. Sir, this fact has been condemned by everybody in Orissa across all political parties. Okay. ..(Interruptions)... Sir, you can imagine because of Bijubabu's stature, this has created tensions across various parts of Orissa.

MR. DEPUTY CHAIRMAN: What is your demand?

SHRI B.J. PANDA: I am just coming to it. Sir, the hon. Chief Minister, besides condemning it, has made a public appeal and Mr. Naveen Patnaik's public appeal is that people should remain calm, and, no statues, no memorials of any political leader of any political party should be vandalised. He has made this public statement and this ought to be appreciated because we have taken a mature response. You can realise, Sir, in Mumbai and other places, these kinds of acts have led to a lot of tension. Sir, all I am saying is that this sort of disrespect can lead to serious situations, lives can be at stake. We have condemned it in Orissa across the political spectrum, and, I urge everybody in this House to condemn these kinds of acts. (Ends)

SHRI AMAR SINGH (UTTAR PRADESH): Sir, I associate myself with what he has said. (Interruptions)

SHRIMATI BRINDA KARAT (WEST BENGAL): Sir, we would also like to associate ourselves with him. ..(Interruptions)...

ֵ ֺ : ֯ condemn ..(־֮֬)..

MR. DEPUTY CHAIRMAN: Next. ..(Interruptions)... No questions. (Interruptions) It is over. ..(Interruptions)... No, what is this? All political parties have condemned it. Why again? (Interruptions)

SHRI V. NARAYANASAMY: Sir, the investigation...(Interruptions)... the culprit will be found out.

MR. DEPUTY CHAIRMAN: Why are you bringing it up? ..(Interruptions)... Now, Shri Lalu Prasad Yadav.

SHRIMATI JAYA BACHCHAN: Mr. Deputy Chairman, Sir, ...(Interruptions)

MR. DEPUTY CHAIRMAN: No, no. I will not allow. (Interruptions) Shri Lalu Prasad Yadav. (Interruptions) Please. On this issue, I will not allow anybody. (Interruptions)

SHRIMATI JAYA BACHCHAN: Sir, I am not talking about this issue. Sir, please, Sir. It is very unfair. (Interruptions)

MR. DEPUTY CHAIRMAN: You have not given any notice. (Interruptions)

SHRIMATI JAYA BACHCHAN: Sir, it is not about this..(Interruptions)...

MR. DEPUTY CHAIRMAN: No, no. Please sit down. This issue is over. ...(Interruptions)... Mr. Naik, please take your seat. I have called the next...(Interruptions)

SHRIMATI JAYA BACHCHAN: Sir, we are not talking about only a political person (Interruptions).

MR. DEPUTY CHAIRMAN: Please sit down. Please take your seat.

SHRIMATI JAYA BACHCHAN: Sir, we are talking about a national leader, we are talking about a freedom fighter.

(Contd. by sk-1u)




SHRIMATI JAYA BACHCHAN (CONTD.): I think, the least the Party can do here is to say that we are also very sorry that this kind of disrespect is being ...(Interruptions)..

MR. DEPUTY CHAIRMAN: Please, sit down. ...(Interruptions)..

SHRIMATI JAYA BACHCHAN: After so much of hue and cry ...(Interruptions).. This is the last thing that ...(Interruptions)..

MR. DEPUTY CHAIRMAN: Nothing will go on record. ...(Interruptions).. Nothing will go on record. ...(Interruptions)..


MR. DEPUTY CHAIRMAN: This is not correct. ...(Interruptions)..This is not correct. ...(־֮֬)...֯ ך....֯ ך...(־֮֬)... Nothing will go on record.


ֳ֯ן : ֵ , ߕ....ߕ....(־֮֬)....This is not correct. ...(Interruptions).. I don't expect this thing.




MR. DEPUTY CHAIRMAN: What do you want to say? ...(Interruptions).. This matter is over. ...(Interruptions)..


ֳ֯ן : ֵ , ֯ ? וִָ ֯ ? ....(־֮֬)...

.. ׻ֵ : ֯ ӳ׻֋ ...(־֮֬)... ֯ ӳֻ֟ ?


* Not recorded.

ֳ֯ן : ӳֻ ָ ֯ ....(־֮֬).... ? ...(־֮֬)....This is not correct. ...(Interruptions).. Mr. Narayanasamy, please keep quiet. ...(Interruptions).. The House is adjourned for ten minutes.


The House then adjourned at twenty-eight

minutes past one of the clock




The House re-assembled at thirty-eight minutes past one of the clock,



MR. DEPUTY CHAIRMAN: Shri Lalu Prasadji.



THE MINISTER OF RAILWAYS (SHRI LALU PRASAD): Sir, I lay on the Table a statement (in English and Hindi) showing the Supplementary Demands for Grants (Railways) for the year 2006-07.





"That the Bill to amend the Juvenile Justice (Care and

Protection of Children) Act, 2000, as passed by Lok Sabha,

be taken into consideration."

Sir, first of all, I would like to express my gratitude to all the hon. Members who have taken this time off to pay attention to what I consider one of the most important steps that we are taking collectively as people of this nation. For far too long, we have never looked at children in their own identities and as independent entities -- we have always parcelled them away with women, written off their futures -- even as we don't take into consideration their many needs and their requirement for us to make amendments in this Act. I am grateful to the Lok Sabha Members who were kind enough for granting approval to the proposed amendment Bill. Sir, by the year 2020, if you look at India and look at the global statistics on a macro level, what was always considered a liability of this nation, the population, will be truly the real avatar of human resource. (Contd. by VKK/1X)

-YSR/VKK/1x & 1y/1.40 & 1.45

SHRIMATI RENUKA CHOWDHURY (CONTD.): By 2020, India will play host to the largest youngest work force in the world. India will play host and home to all these children. Now, when a scenario like that is coming up, we must pay attention to laying the foundation for a fantastic nation that will remain as the first amongst equals.

The Juvenile Justice (Care and Protection of Children) Act is a comprehensive legislation. This has taken into consideration the severe lacunae which were there in the past. This is to provide justice and opportunities to the children of India for their growth and development. Of course, this Act is based on the provisions of the Indian Constitution and the four broad rights of the U.N. Convention on the Rights of the Child including right to survival, protection, development and participation. Perhaps, one of the biggest pioneers in this country after Jawahar Lal Nehru who is affectionately referred to as Chacha Nehru even today, was late Shri Rajiv Gandhiji who looked at the rights of the children of this country and empowered the 18-year old to cast their votes so that they did not remain merely dreamers of this democracy, but participated in the rights of this country, the right that was bestowed on them by the Constitution, and they became the architects of making those dreams a reality.

The Juvenile Justice (Care and Protection of Children) Act came into force with effect from 1.4.2001. One of the important amendments to the Juvenile Justice (Care and Protection of Children) Amendment Bill, 2005 is to include the definition of 'adoption'. It is so ironic that other populist countries like ours have managed to have almost 20,000 adoptions of their children across the globe as against a pitiful 3,000 and odd from our country.


There was no clarity as to what adoption meant and only the Hindu law of adoption has been utilised in our country, thereby creating many hurdles. I am happy to tell you that the Juvenile Justice Act will give a definition. The difference is, we have introduced amendment in section 2 (aa) 'Adoption' which means the process through which the adopted child is permanently separated from his or her biological parents and becomes the legitimate child of his or her adopted parents with all the rights, privileges and responsibilities that are attached to this relationship. Now, that is a huge step in the right direction. Single parents, parents with natural children of their own or anybody who wants to adopt a child will be facilitated under this Juvenile Justice (Amendment) Bill, and I hope that most of us will be able to find the place in our hearts to take these children home. If you look at thousands of parents across the country, people who want to be parents, we find them going through painful procedures. I want to tell and reach out, through this forum, all those people that it does not matter whether you give birth to a child or you adopt a child. In fact, rewards are many. When we have the generosity to adopt a child and take that child home, we are not doing the child a favour, we enrich our own lives, we expand our own hearts and minds, provide them home and shelter, and more importantly a lot of love.

Now, for the definition of child in need of care and protection, we must look at children in two broad arms -- one is the child who needs care and protection, and the other is, the children who are in conflict with law. That's why we have the juvenile delinquency and vagrancy. Now, in the Act, the umbrella of care, need and protection never included a child who was found begging on the road. They had no status; they had no identity; either they were street children or they were working children. So, by amending the Act, we have brought these children under the 'Child Beggars' in the definition of children who are in need of care and protection. In order to protect children from being put in police lock-ups or in jails, we have added a proviso under section 10(1) that in no case shall a juvenile in conflict with law be placed in a police lock-up or lodged in a jail. I do sincerely believe that it is an extremely insensitive step. Children, sometimes unwittingly, become pawn of a conniving adult and they are then punished. So, we thought that they need to be handled with a lot more sensitivity and help them to rehabilitate themselves. We said, no police station can ever arrest a child and take him to a police lock-up, putting handcuffs on them or even allow their photographs to be shown in any media report so that we can protect the identity of the child and give him an atmosphere that is conducive to rehabilitation. The provisions for enquiry have to be completed within four months. It lacks proper implementation as inquiries are pending before the Boards. Now, all of us know that we have these wonderful commissions of enquiries and boards which are constituted. None of them is time-bound. As a result of which, these cases keep pending and in these cases where the children are involved, justice denied timely would mean that they pay for it with their life because they become hardened and they look at life criminalised. So, we have proposed to insert section 14 (2) stating that the Chief Judicial Magistrate or the Chief Metropolitan Magistrate will review the pendency of the cases of the Board every six months so that we have a bi-annual review of these and we can then address as to why they are getting delayed. We will be able to get a database in place. We want to increase the frequency and we will direct the Board to increase the frequency of its sittings or may cause constitution of additional boards, if we find the need to be so. Now, under the existing provisions of the Act, the juveniles in younger age were getting relatively longer periods of detention in special homes than the older juveniles which, I think, is extremely detrimental. In order to remove this anomaly, we have proposed to amend section 15 (1) (g) so that the Juvenile Justice Board can make an order, directing the juvenile to be sent to a special home instead of a lock-up or a jail for a maximum period of three years. I do believe that in the period of three years, whatever change we can bring about will be completed and after three years, they should not be kept there. Otherwise, other extraneous circumstances come in and affect the rehabilitation of the child.

We have also proposed to amend section 16(1) so that no juvenile in conflict with law can be placed under imprisonment for any term. So, no teenager will be locked up and we will not have a term which may extend to imprisonment for life. Also, we are going to amend section 21 so that the contravention of provisions dealing with prohibition of publication of name of a child or juvenile shall be punishable. Earlier, we had a fine of only Rs.1,000. We have made this more stringent with Rs.25,000 if media reports a child's name, face, address and identity to the public. This will go a long way in ensuring that media remains sensitive to these children and does not convert a child making an error in life into a media circus, and there is no trial held by media. So, media will be fined Rs.25,000 and it has already been effectively put in place. We propose to amend section 4 and 29 so that the State Governments can constitute Juvenile Justice Boards and Child Welfare Committees for each district within one year of the amendment Act coming into force. Sections 14 (2) and 33 (3) are also proposed to amend so that the Chief Judicial Magistrate or the Chief Metropolitan Magistrate or the State Governments may review pendency of cases before the Child Welfare Committee so that we can have a speedy disposition and completion of the enquiry process. (Contd. by MKS/1z)


SHRIMATI RENUKA CHOWDHURY (CONTD.): Section 34(3) is being amended to ensure that all institutions which are run by the State Governments/voluntary organisations for children in need of care and protection shall be registered under this Act within a period of six months from the date of commencement of the Amendment Act, 2006. We have also said that there is a proposal to amend section 41(4) so that the State Government shall recognise one or more of their institutions or voluntary organisations in each district as specialised adoption agencies. And I think, it is unfair that the parents who are looking for children--and the assumption that only the urban rich will adopt children is a fallacy--have to come all the way to urban child care centres or to cities for adoption. My dream, Sir, is that for these children, we will have adoption agencies available at every district level, and we are hoping that we should be able to put up a cradle in each district, where girl children are not going to be killed, but given a way to us, we can look after them and do their welfare. Otherwise, there are serious sex ratio differences which are affecting our country in more ways than one.

Children's homes and the institutions run by the State Government or voluntary organisations for children who are orphans, abandoned or surrendered, shall ensure that these children are declared free for adoption by the Child Welfare Committee, and all such cases shall be referred to the adoption agency in that district for placement of such children in adoption in accordance with the guidelines. So, this would mean a faster, speedier facilitation of adoption irrespective of whichever caste and creed any adopting parents belong to and irrespective of their marital status, whether they are single or married or separated or whether they have children of their own, of one gender or otherwise.

Sir, it is proposed to insert section 62(A) so that every State Government shall constitute a Child Protection Unit for the State, and such Units for every district, consisting of such officers and other employees as may be appointed by that Government to take up matters relating to children/juveniles with a view to ensuring the implementation of this Act. Quite often, even police personnel are unaware of the amendments and reviews that have been made to this Act. How we treat our children when they come in conflict with the law plays a crucial role into what kind of rehabilitation and adults we can make them.

This amendment would help me and the State Governments in ensuring effective implementation of the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 and ensure provisions for care, protection and treatment by catering to their developmental needs through a child-friendly approach, which is main motive and the definition of this Act, so that we can facilitate our children to grow into responsible adults.

It is unfortunate, Sir, that most of the time, because of our population norms, our children are made to beg on the streets. Most of you are witness to that. Most of us feel uncomfortable when we see children begging on the streets and traffic light corners. And you have seen news, horrific news, about how beggary has become an organised crime today. It is not something which needs compassion or pity when we, who have given into beggary, are actually empowering the criminals who kidnap children, who maim and mutilate them, so that these children remain as bonded labourers or slaves--we do not use these words anymore--and these children become dependent on them. Then, they become stooges in the crime. These children get convicted more often than not. Most of you have seen the news like this, who have experienced stories. In your own constituencies, I am sure, you will be coming forward to help us, and support this Bill with its amendments so that it becomes easier for us to implement them across the country.

You can imagine the horror stories that surround children of beggars who are forced into begging. They are made to do hazardous jobs. They are used as drug runners. They are used as couriers by terrorists and naxalite outfits. These children are deprived of their right to happiness. More important, these children do not know what the childhood means. (Contd. by TMV/2A)


SHRIMATI RENUKA CHOWDHURY (CONTD.): They have been robbed of their childhood. These children are forced into child sex acts. It is a matter of national shame that we have foreigners coming to our country only to sexually exploit our children. Once a child is sexually abused, he never knows again what childhood is.

These children have no right or entitlement to any decent human norms. They are made to earn by able-bodied parents. A lot of people asked me, "You have said that children below 14 cannot be employed any more. What happens to them?". Why should that question be asked? These children should be going to school. They should be playing, laughing and sharing with their peer groups. We have free and compulsory education enshrined in our Constitution. Why is it that we do not assume that naturally every child will go to school and learn, that they will have the empowerment and enlightenment that they deserve and that they can enjoy their childhood instead of the able-bodied parents maiming them and making them work? I think that with this amendment to the Juvenile Justice Act we will be able to provide such abilities to these children and it will make adoption easier. Under the Adoption Act we also grant guardianship and fosterhood, something which we have not looked into before. I appeal to those who don't want to adopt a child and take him home--I appreciate your limitations--to think of taking a child in foster care. You will pay and contribute for their education and health. We will look after them and send you a report card every month or two months on the child that you are looking after. Remember, this kind of a seva is an opportunity for us. We all go to places of worship and go to God for no objection certificates for what we do. I think the best gift that you can give to some other child is the gift that your mother gave you, that is, the gift of life. Give a child the right to life, the right to have a comfortable life. I solicit the support of the entire House for this Bill. Thank you. (Ends)

The question was proposed.

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