Published Date: 1/28/2007 - (NIE)
V L SRINIVASAN
Mahboobnagar, Jan 27:
The nearly three-decade-old wait of farmers of the backward areas of five Assembly segments in the district, seeking water to irrigate their lands, will come to an end when their dream project – Rajiv (Bhima) Lift Irrigation scheme – will be commissioned in June 2008.The project was conceived in the early 1980s to lift 20 TMCFT water from the foreshore of Priyadarshini Jurala Project to provide irrigation facilities for 2.03 lakh acres in Wanaparthy, Amarachinta and Maktal Assembly segments and part of Alamur and Kollapur besides drinking water facility to parts of these areas. However, successive Governments failed to launch the project for various reasons and the project cost escalated from less than Rs 100 crore to Rs 1,400 crore as on today.It was in November 2004 that Chief Minister Y S Rajasekhara Reddy laid the foundation and the project has progressed at brisk pace since then. Water would be drawn from Panchadevpadu village for Lift-I and at Ookachetty Vagu Pondage for Lift-II. The civil and mechanical works are in progress and 75 per cent of the canal work is already completed. Orders have already been placed with Brazillian firms for supply and erection of motors and they would be installed a couple of months before the commencement of Kharif in 2008.Unlike the usual practice of releasing water in a phased manner, the officials have planned in such a manner that the entire proposed ayacut would receive water simultaneously. “Our elders told us that there would be no problem once Bhima project was completed. It will soon become a reality,” Srinivasu, a farmer owning 10 acres land at Tirumalayipalli village, told a team of reporters who visited project on Friday.Srinivasu is among the thousands of small and marginal farmers in the district who hope that Bhima and two other lift irrigation schemes – Nettempadu and Kalwakurthy – would put an end to people migrating to other places in search of work as these projects would irrigate an estimated 9 lakh acres in the district.“The previous Governments were so indifferent that though the Bachawat Tribunal allotted 20 TMCFT water for Bhima, 16 TMCFT for Rajolibanda Diversion Scheme and 18 TMCFT to Jurala. But no efforts were made to construct projects till 2004,” Wanaparthy MLA and senior Congress leader G Chinna Reddy said.Though there are problems relating to Rehabilitation and Resettlement (R&R) of the families affected by the Bhima project (three villages will be fully submerged and two partly), officials are hopeful of sorting out the problem. Pace of works suggests succour by June 2008
Thursday, December 18, 2008
Misplaced files leave MCH in a predicament
Published Date: 2/24/2007 - (NIE)
V L Srinivasan
Hyderabad, Feb 23: OFFICIALS of the Municipal Corporation of Hyderabad (MCH) are in a fix over the ‘misplacing’ of several files pertaining to its properties which were leased out to private parties for nominal amounts more than three decades ago. The MCH had leased out 272 properties for periods ranging from 3 to 30 years under four categories since 1965. It leased out 129 properties for commercial use, 100 for residential use, 27 for charitable institutions and 16 for educational and health institutions. The area of these properties ranges 50 sq yards to 300 sq yards and the MCH is getting a few hundreds of rupees as lease amount. However, the practice was discontinued after 1983. According to official sources, most of the files pertaining to the lease agreements were ‘misplaced’ in the early 80s because of the transfer of the subject from one section to another. Now, a fresh survey of MCH properties was taken up. All the files are now being redrafted based on the Town Survey Land Records to take follow-up action. It has also initiated action against the staff responsible for misplacing the files. ‘‘We are also looking at the angle of the staff colluding with the tenants as the value of these properties has gone up considerably during these years,’’ an MCH official told City Express. Of the total 272 properties, the lease period of 52 properties has expired and the MCH has renewed and increased the lease amount in respect of 16 after consulting the local sub-registrar and taking into consideration the prevailing market price. The terms of agreement were also modified restricting the lease period to three years and enhancing the lease amount by 11.1 percent every year. This is expected to fetch MCH around Rs 10 lakh. With regard to the renewal and enhancement of lease amount of the remaining 36 properties, the MCH officials have already served eviction notices under the Andhra Pradesh Public Premises Act. ‘‘We will evict the tenants after giving them one chance as per the statute to submit their representation,’’ the official said.
V L Srinivasan
Hyderabad, Feb 23: OFFICIALS of the Municipal Corporation of Hyderabad (MCH) are in a fix over the ‘misplacing’ of several files pertaining to its properties which were leased out to private parties for nominal amounts more than three decades ago. The MCH had leased out 272 properties for periods ranging from 3 to 30 years under four categories since 1965. It leased out 129 properties for commercial use, 100 for residential use, 27 for charitable institutions and 16 for educational and health institutions. The area of these properties ranges 50 sq yards to 300 sq yards and the MCH is getting a few hundreds of rupees as lease amount. However, the practice was discontinued after 1983. According to official sources, most of the files pertaining to the lease agreements were ‘misplaced’ in the early 80s because of the transfer of the subject from one section to another. Now, a fresh survey of MCH properties was taken up. All the files are now being redrafted based on the Town Survey Land Records to take follow-up action. It has also initiated action against the staff responsible for misplacing the files. ‘‘We are also looking at the angle of the staff colluding with the tenants as the value of these properties has gone up considerably during these years,’’ an MCH official told City Express. Of the total 272 properties, the lease period of 52 properties has expired and the MCH has renewed and increased the lease amount in respect of 16 after consulting the local sub-registrar and taking into consideration the prevailing market price. The terms of agreement were also modified restricting the lease period to three years and enhancing the lease amount by 11.1 percent every year. This is expected to fetch MCH around Rs 10 lakh. With regard to the renewal and enhancement of lease amount of the remaining 36 properties, the MCH officials have already served eviction notices under the Andhra Pradesh Public Premises Act. ‘‘We will evict the tenants after giving them one chance as per the statute to submit their representation,’’ the official said.
Hyderabad-Vij-Viz trains need to whizz
Published Date: 7/9/2007 - (NIE)
V L Srinivasan
Hyderabad, July 8: In view of the steep rise in the number of passengers between Hyderabad, Vijayawada and Visakhapatnam, the State Government wants a high speed railway corridor created on this route. At present, the demand on this corridor, which connects several important towns in the coastal districts, is met by a number of train and bus services. The diversion of passenger traffic from the existing main railway is likely to result in increase in the capacity on the main line, which can then be used for freight traffic. The cost of the project is said to be between Rs 1000-1,500 crore. ‘‘The State Government has requested RITES India to identify the consultants to prepare a feasibility report for introduction of a high-speed train between Hyderabad-Vijayawada-Visakhapatnam,’’ official sources told Express. The consultants would need to study the project in two parts. In the first stage, they need to study the existing route between Hyderabad and Vijayawada via Guntur and suggest changes to meet the required standards. In the second stage, between Vijayawada and Visakhapatnam, the consultant would examine whether there was a need for a new rail bridge across the Godavari at Rajahmundry or existing bridges could be used so that the trains can run at speeds of 150-200 km per hour on both corridors. ‘‘If the average speed of the train is 175-200 km, it will take about 4 hours to travel from Hyderabad to Visakhapatnam and vice-versa,’’ sources said. The consultants are required to assess the current volume of inter-city passengers between Hyderabad, Vijayawada and Visakhapatnam by different modes of transport, estimate diversion of passengers to the proposed corridor and forecast volume of passengers likely to use the same. The consultants are required to recommend a suitable concept of a high-speed passenger corridor with reference to similar systems in other countries and prepare technical details for the corridor with reference to technology and operations available in other countries. When contacted, Special Secretary (Transport, Roads & Buildings) K V Brahmananda Reddy said the Government was yet to receive communication from RITES about foreign consultants. ‘‘The project is very much alive,’’ he said.
V L Srinivasan
Hyderabad, July 8: In view of the steep rise in the number of passengers between Hyderabad, Vijayawada and Visakhapatnam, the State Government wants a high speed railway corridor created on this route. At present, the demand on this corridor, which connects several important towns in the coastal districts, is met by a number of train and bus services. The diversion of passenger traffic from the existing main railway is likely to result in increase in the capacity on the main line, which can then be used for freight traffic. The cost of the project is said to be between Rs 1000-1,500 crore. ‘‘The State Government has requested RITES India to identify the consultants to prepare a feasibility report for introduction of a high-speed train between Hyderabad-Vijayawada-Visakhapatnam,’’ official sources told Express. The consultants would need to study the project in two parts. In the first stage, they need to study the existing route between Hyderabad and Vijayawada via Guntur and suggest changes to meet the required standards. In the second stage, between Vijayawada and Visakhapatnam, the consultant would examine whether there was a need for a new rail bridge across the Godavari at Rajahmundry or existing bridges could be used so that the trains can run at speeds of 150-200 km per hour on both corridors. ‘‘If the average speed of the train is 175-200 km, it will take about 4 hours to travel from Hyderabad to Visakhapatnam and vice-versa,’’ sources said. The consultants are required to assess the current volume of inter-city passengers between Hyderabad, Vijayawada and Visakhapatnam by different modes of transport, estimate diversion of passengers to the proposed corridor and forecast volume of passengers likely to use the same. The consultants are required to recommend a suitable concept of a high-speed passenger corridor with reference to similar systems in other countries and prepare technical details for the corridor with reference to technology and operations available in other countries. When contacted, Special Secretary (Transport, Roads & Buildings) K V Brahmananda Reddy said the Government was yet to receive communication from RITES about foreign consultants. ‘‘The project is very much alive,’’ he said.
In a legal mess
Published Date: 5/11/2008 - (NIE)
(T S Sekaran, Nandini Chandrashekar, Harsha, Tushar A Manjukar, Ancy Johnson, V L Srinivasan, Bikram Nayak, S N Agragami and Scaria Meledam )
Prime Minister Manmohan Singh’s call for the setting up of family courts in every district of the country has evoked mixed reactions in Tamil Nadu with some housewives urging the government to focus on the more important issues such as the steep hike in prices, on the one hand, and lawyers, on the other, terming the call timely and welcome.
“You allow more TASMAC shops, which are the root cause of marital discord and then you suggest more family courts be set up,” says Lakshmi, a middle-aged mother of two from Mylapore who faces torment at the hands of her husband, a regular drinker.
“Improve the functioning of the existing courts,” urges Gomathi of Royapuram,who visits the court in the city to get the maintenance her divorced husband is to give her.
There are six family courts in Tamil Nadu — three in Chennai, and one each in Madurai, Coimbatore and Salem. The government has agreed to establish more such courts in the state. The three courts in Chennai have the necessary infrastructure. There are separate rooms for counselling estranged couples. Two psychiatrics regularly visit the courts. There is also a children’s centre to look after the little ones while parents are in court.
Advocate Arul Mozhi says that the subordinate courts in the districts are already over-burdened with criminal and civil cases and the judges don’t have the time, temperament, patience, or expertise to deal with matrimonial cases.
“There is a feeling that family courts are set up to separate couples. It is not so. On the contrary, the courts will strive to unite them. Divorce is decreed in only exceptional cases, that too after exhausting all procedures such as counselling, mediation and psychological assistance. In cases of alcoholism, the person is referred to a de-addiction centre,” says Geetha Ramseshan, another advocate who deals with matrimonial cases.
“There are so many problems within a family and among spouses. The younger generation nowadays is quite different. The problems being faced by the IT professionals are unique. Therefore, each town needs a family court,” says Ramseshan.
The need for external mechanisms to resolve family disputes is as much a reality in Karnataka as anywhere else. Unfortunately, there are only 15 family courts in the state and none in north Karnataka. This has forced people to head to the mediation centres ,which have been set up as an alternate forum for dispute resolution.
Of the 5,834 cases filed in the family courts in the state since January 2007, 4,356 were referred to the mediation centres, which have a 70 per cent success rate for divorces and custody disputes, and an overall success rate of 53 per cent. In contrast, in family courts, people are forced to wait an entire day, not knowing when they would have to appear before an adjudicator — most of the time for an adjournment. This also translates into more money for lawyers.
The director of the mediation center,K N Keshavanarayana, points to the positive nature of intervention at the centres. Besides, disputes referred to mediation centers have to be resolved in 60 days. Buoyed by the success of these centres, 10 more have been planned in the districts, where the picture is dismal with some not having any family court.
Several disputes await resolution in Belgaum but there is only one family court. The backlog is inevitable — about 1,500 cases are pending and 100-120 are scheduled per day.
In Shimoga, the number of cases is steadily on the rise but are being dealt with the at the civil courts and the delays have caused disappointment. Till 2006-07 about 2,000 matrimonial cases, including 938 maintenance cases,were to be resolved. One example is that of Santosh and his wife, who have been waiting for two-and-a-half years to divorce. “If there was a family court, our case would have been concluded much earlier,” says Santhosh. A family court has finally been sanctioned in Shimoga district and is expected to start functioning after the vacations.
Even Mangalore does not have a family court. This results in a lot of frustration for the litigants one of whom points out that the chief judicial magistrate’s court first hears motor vehicle cases and then takes up those pertaining to conjugal rights and maintenance issues, as petty criminals, police personnel and sneering lawyers look on.
“Lawyers do not believe in protecting the institution of marriage and always skip conciliatory steps to directly file for divorce,” asserts the journalist. This eagerness to file cases, compounded by the dearth of family courts, only adds to the backlog.
The record has been dismal. More than two decades after a central legislation was enacted for the creation of family courts, Andhra Pradesh has just four — one each in Hyderabad, Secunderabad, Visakhapatnam and Khammam. Between 2006 and now, orders were issued for the setting up of 18 more courts, but these are yet to come into being for a variety of reasons, including lack of infrastructure.
As a result, cases are still heard by regular courts in most cases and thus drag on for five or more years. Even in the family courts, cases drag on for more than two years as the presiding officers are overburdened — in Hyderabad, more than 1,000 cases are filed every year. Unable to handle the pressure, presiding officers have been outsourcing the cross-examination by appointing advocate commissioners, so that the judges themselves can devote time to reconciliation, which constitutes the core activity of a family court. To save time, arguments are also permitted only in writing.
The government order of March 28, 2006, sanctioned nine family courts — one each in Guntur, Karimnagar, Visakhapatnam, Eluru (West Godavari district), Anantapur, Rangareddy, Khammam, Kadapa and Vizianagaram. On January 17, 2008, it ordered the creation of courts in Hyderabad, Nellore, Prakasam, Adilabad, Srikakulam, Mahboobnagar, Nalgonda, Sangareddy (Medak district) and Rajahmundry (East Godavari district).
A senior official of the Andhra Pradesh High Court admits that the delay in setting up these courts has been causing inconvenience to litigants, but says, “The process is almost over and judges would be posted in all family courts by end of this month.”
Says advocate Vasudha Nagaraj, who was part of a team led by senior matrimonial lawyer Flavia Agnes that studied the functioning of family courts across the country in 2004, “It is true that a case is taking nearly two to three years to get disposed of, but regular courts take twice as much time. There are also some other good features about these courts — adjournments are not given easily, there is no court fee and the parties are made to appear regularly.”
The panel submitted its recommendations to all family court judges and district legal services authority.
For Andhra Pradesh, these include a separate room for access to children as orders are passed for the non-custodial parent to meet the child within the court premises, cells to provide basic information regarding court procedures, dates and status of the case; prelitigation counselling centres so that a dispute can be amicably resolved, and appointment of lawyers only as amicus curiae and not in a commercial mode.
Sarojini Das has been making the rounds of the sub-divisional judicial magistrate’s court in Ganjam for the last three years. The 28-year-old has filed a suit seeking maintenance from her husband, who deserted her after five years of marriage. Date after date, the hapless woman who has a meagre source of livelihood and hopes for an order ensuring the payment of a monthly maintenance to her, goes to court but returns disappointed as the case is not heard or is posted for another date. The reason: a huge cause-list or nonappearance of her spouse.
Das is not the only one. Thousands of women, particularly from the lower class and the backward sections of our society are going through similar ordeals across courts in Orissa, because of the paucity of designated courts for adjudicating family cases. The number of these cases is only spiralling because of modernity-spurred marital discords coupled with rising levels of awareness on rights of relief.
Orissa, which has a population of more than four crore, has only two family courts, one in Cuttack and the other in Rourkela. The people in the other 25 districts have to bank on the courts of the sub-divisional judicial magistrate and judicial magistrate first class for maintenance cases and the civil judges for divorce and separation cases. As such, though all disputes relating to family matters are to be settled within one year, only a handful of cases have been decided within the constitutionally stipulated timeframe.
“The delay is inevitable. The trial courts have a back-bending backlog of cases. Thus, family cases, especially those relating to separation and maintenance, are pushed to the backburner,” explains a judicial officer. The non-appearance of the spouses on summons, as well as the inaction of police in executing warrants issued against them has also been a bane, the officer added.
At present, more than three lakh cases are pending in the lower judiciary with matrimonial cases accounting for at least 40,000 of them. The situation in the family courts in Cuttack and Rourkela is not much better. Several cases are pending in these courts, which are plagued by infrastructure deficiencies and shortage of staff.
The Cuttack court alone has a backlog of around 5,000 cases with an average of 1,800 cases being filed every. The court premises comprises one hall, half of which is used for court purposes and the other as office and chamber. Counselling,which forms the core of settling family matters, through mediation and reconciliation, is worst hit as there is no space nor atmosphere for vital personal interactions. The two counselors have to sit in non-conducive zones with litigants, who would not open up in public. Thus, reconciliation overtures are grossly affected and this leads to cases dragging on. Besides, around 325 warrants in maintenance cases have been issued between 2001 and 2008, but these have not been executed by the police.
Chief Minister Naveen Patnaik has been quick to announce the setting up family courts in seven districts within this year. If things move in the right direction, it would provide the much needed succour to suffering people.
The very concept of marital law in India changed with the enactment of the Family Courts Act in 1984. Conciliation and peaceful settlement of family disputes became the key words. The family courts were also seen as a way of doing away with the protracted procedures of the civil courts and thus reduce the suffering of the litigants.
However, these institutions have not been totally successful. Kerala has 16 family courts — two each in the districts of Thiruvananthapuram and Kollam and one each in the other 12 — but these have been unable to cope with the load. There were as many as 30,741 cases pending in these courts, many more than three years old.
One reason for this is the tremendous social change that has taken place in the state. The change in lifestyle caused by the inflow of NRI funds, the education and employment of women and their consequent economic independence, gender sensitization, the surge in nuclear families, consumerism, and increasing criminality have all affected the family set-up and led to a rise in the number of broken homes and divorce cases.
Some other issues also need to be addressed. The provisions of the civil or criminal procedure codes do not bar family courts from laying down their own procedures for the settlement of matrimonial disputes. The Act, with the aim of achieving reconciliation, also envisages the association of people engaged in social welfare in the resolution of disputes. However, family courts are often not conducive to reconciliation and “act as extensions of civil courts”, says advocate Lekha Suresh, who has been very active in the social sector.
The Act also provides for appointment of counsellors to assist family courts dispose of disputes. However, the number of cases is so large that it becomes difficult for counsellors to discharge their duties properly and they, thus, act mechanically.
A family court can also take the help of a medical expert or a person professionally engaged in promoting the welfare of the family. The state is supposed to pay the expert but more often than not the parties are forced to fork out the money. “How many people can afford this?” asks Lekha. The aim of setting up family courts is “to treat the root cause instead of treating the symptoms”, as a division bench of the Kerala High Court pointed out. However, even now the symptoms, and not the root causes, are being treated.
(T S Sekaran, Nandini Chandrashekar, Harsha, Tushar A Manjukar, Ancy Johnson, V L Srinivasan, Bikram Nayak, S N Agragami and Scaria Meledam )
Prime Minister Manmohan Singh’s call for the setting up of family courts in every district of the country has evoked mixed reactions in Tamil Nadu with some housewives urging the government to focus on the more important issues such as the steep hike in prices, on the one hand, and lawyers, on the other, terming the call timely and welcome.
“You allow more TASMAC shops, which are the root cause of marital discord and then you suggest more family courts be set up,” says Lakshmi, a middle-aged mother of two from Mylapore who faces torment at the hands of her husband, a regular drinker.
“Improve the functioning of the existing courts,” urges Gomathi of Royapuram,who visits the court in the city to get the maintenance her divorced husband is to give her.
There are six family courts in Tamil Nadu — three in Chennai, and one each in Madurai, Coimbatore and Salem. The government has agreed to establish more such courts in the state. The three courts in Chennai have the necessary infrastructure. There are separate rooms for counselling estranged couples. Two psychiatrics regularly visit the courts. There is also a children’s centre to look after the little ones while parents are in court.
Advocate Arul Mozhi says that the subordinate courts in the districts are already over-burdened with criminal and civil cases and the judges don’t have the time, temperament, patience, or expertise to deal with matrimonial cases.
“There is a feeling that family courts are set up to separate couples. It is not so. On the contrary, the courts will strive to unite them. Divorce is decreed in only exceptional cases, that too after exhausting all procedures such as counselling, mediation and psychological assistance. In cases of alcoholism, the person is referred to a de-addiction centre,” says Geetha Ramseshan, another advocate who deals with matrimonial cases.
“There are so many problems within a family and among spouses. The younger generation nowadays is quite different. The problems being faced by the IT professionals are unique. Therefore, each town needs a family court,” says Ramseshan.
The need for external mechanisms to resolve family disputes is as much a reality in Karnataka as anywhere else. Unfortunately, there are only 15 family courts in the state and none in north Karnataka. This has forced people to head to the mediation centres ,which have been set up as an alternate forum for dispute resolution.
Of the 5,834 cases filed in the family courts in the state since January 2007, 4,356 were referred to the mediation centres, which have a 70 per cent success rate for divorces and custody disputes, and an overall success rate of 53 per cent. In contrast, in family courts, people are forced to wait an entire day, not knowing when they would have to appear before an adjudicator — most of the time for an adjournment. This also translates into more money for lawyers.
The director of the mediation center,K N Keshavanarayana, points to the positive nature of intervention at the centres. Besides, disputes referred to mediation centers have to be resolved in 60 days. Buoyed by the success of these centres, 10 more have been planned in the districts, where the picture is dismal with some not having any family court.
Several disputes await resolution in Belgaum but there is only one family court. The backlog is inevitable — about 1,500 cases are pending and 100-120 are scheduled per day.
In Shimoga, the number of cases is steadily on the rise but are being dealt with the at the civil courts and the delays have caused disappointment. Till 2006-07 about 2,000 matrimonial cases, including 938 maintenance cases,were to be resolved. One example is that of Santosh and his wife, who have been waiting for two-and-a-half years to divorce. “If there was a family court, our case would have been concluded much earlier,” says Santhosh. A family court has finally been sanctioned in Shimoga district and is expected to start functioning after the vacations.
Even Mangalore does not have a family court. This results in a lot of frustration for the litigants one of whom points out that the chief judicial magistrate’s court first hears motor vehicle cases and then takes up those pertaining to conjugal rights and maintenance issues, as petty criminals, police personnel and sneering lawyers look on.
“Lawyers do not believe in protecting the institution of marriage and always skip conciliatory steps to directly file for divorce,” asserts the journalist. This eagerness to file cases, compounded by the dearth of family courts, only adds to the backlog.
The record has been dismal. More than two decades after a central legislation was enacted for the creation of family courts, Andhra Pradesh has just four — one each in Hyderabad, Secunderabad, Visakhapatnam and Khammam. Between 2006 and now, orders were issued for the setting up of 18 more courts, but these are yet to come into being for a variety of reasons, including lack of infrastructure.
As a result, cases are still heard by regular courts in most cases and thus drag on for five or more years. Even in the family courts, cases drag on for more than two years as the presiding officers are overburdened — in Hyderabad, more than 1,000 cases are filed every year. Unable to handle the pressure, presiding officers have been outsourcing the cross-examination by appointing advocate commissioners, so that the judges themselves can devote time to reconciliation, which constitutes the core activity of a family court. To save time, arguments are also permitted only in writing.
The government order of March 28, 2006, sanctioned nine family courts — one each in Guntur, Karimnagar, Visakhapatnam, Eluru (West Godavari district), Anantapur, Rangareddy, Khammam, Kadapa and Vizianagaram. On January 17, 2008, it ordered the creation of courts in Hyderabad, Nellore, Prakasam, Adilabad, Srikakulam, Mahboobnagar, Nalgonda, Sangareddy (Medak district) and Rajahmundry (East Godavari district).
A senior official of the Andhra Pradesh High Court admits that the delay in setting up these courts has been causing inconvenience to litigants, but says, “The process is almost over and judges would be posted in all family courts by end of this month.”
Says advocate Vasudha Nagaraj, who was part of a team led by senior matrimonial lawyer Flavia Agnes that studied the functioning of family courts across the country in 2004, “It is true that a case is taking nearly two to three years to get disposed of, but regular courts take twice as much time. There are also some other good features about these courts — adjournments are not given easily, there is no court fee and the parties are made to appear regularly.”
The panel submitted its recommendations to all family court judges and district legal services authority.
For Andhra Pradesh, these include a separate room for access to children as orders are passed for the non-custodial parent to meet the child within the court premises, cells to provide basic information regarding court procedures, dates and status of the case; prelitigation counselling centres so that a dispute can be amicably resolved, and appointment of lawyers only as amicus curiae and not in a commercial mode.
Sarojini Das has been making the rounds of the sub-divisional judicial magistrate’s court in Ganjam for the last three years. The 28-year-old has filed a suit seeking maintenance from her husband, who deserted her after five years of marriage. Date after date, the hapless woman who has a meagre source of livelihood and hopes for an order ensuring the payment of a monthly maintenance to her, goes to court but returns disappointed as the case is not heard or is posted for another date. The reason: a huge cause-list or nonappearance of her spouse.
Das is not the only one. Thousands of women, particularly from the lower class and the backward sections of our society are going through similar ordeals across courts in Orissa, because of the paucity of designated courts for adjudicating family cases. The number of these cases is only spiralling because of modernity-spurred marital discords coupled with rising levels of awareness on rights of relief.
Orissa, which has a population of more than four crore, has only two family courts, one in Cuttack and the other in Rourkela. The people in the other 25 districts have to bank on the courts of the sub-divisional judicial magistrate and judicial magistrate first class for maintenance cases and the civil judges for divorce and separation cases. As such, though all disputes relating to family matters are to be settled within one year, only a handful of cases have been decided within the constitutionally stipulated timeframe.
“The delay is inevitable. The trial courts have a back-bending backlog of cases. Thus, family cases, especially those relating to separation and maintenance, are pushed to the backburner,” explains a judicial officer. The non-appearance of the spouses on summons, as well as the inaction of police in executing warrants issued against them has also been a bane, the officer added.
At present, more than three lakh cases are pending in the lower judiciary with matrimonial cases accounting for at least 40,000 of them. The situation in the family courts in Cuttack and Rourkela is not much better. Several cases are pending in these courts, which are plagued by infrastructure deficiencies and shortage of staff.
The Cuttack court alone has a backlog of around 5,000 cases with an average of 1,800 cases being filed every. The court premises comprises one hall, half of which is used for court purposes and the other as office and chamber. Counselling,which forms the core of settling family matters, through mediation and reconciliation, is worst hit as there is no space nor atmosphere for vital personal interactions. The two counselors have to sit in non-conducive zones with litigants, who would not open up in public. Thus, reconciliation overtures are grossly affected and this leads to cases dragging on. Besides, around 325 warrants in maintenance cases have been issued between 2001 and 2008, but these have not been executed by the police.
Chief Minister Naveen Patnaik has been quick to announce the setting up family courts in seven districts within this year. If things move in the right direction, it would provide the much needed succour to suffering people.
The very concept of marital law in India changed with the enactment of the Family Courts Act in 1984. Conciliation and peaceful settlement of family disputes became the key words. The family courts were also seen as a way of doing away with the protracted procedures of the civil courts and thus reduce the suffering of the litigants.
However, these institutions have not been totally successful. Kerala has 16 family courts — two each in the districts of Thiruvananthapuram and Kollam and one each in the other 12 — but these have been unable to cope with the load. There were as many as 30,741 cases pending in these courts, many more than three years old.
One reason for this is the tremendous social change that has taken place in the state. The change in lifestyle caused by the inflow of NRI funds, the education and employment of women and their consequent economic independence, gender sensitization, the surge in nuclear families, consumerism, and increasing criminality have all affected the family set-up and led to a rise in the number of broken homes and divorce cases.
Some other issues also need to be addressed. The provisions of the civil or criminal procedure codes do not bar family courts from laying down their own procedures for the settlement of matrimonial disputes. The Act, with the aim of achieving reconciliation, also envisages the association of people engaged in social welfare in the resolution of disputes. However, family courts are often not conducive to reconciliation and “act as extensions of civil courts”, says advocate Lekha Suresh, who has been very active in the social sector.
The Act also provides for appointment of counsellors to assist family courts dispose of disputes. However, the number of cases is so large that it becomes difficult for counsellors to discharge their duties properly and they, thus, act mechanically.
A family court can also take the help of a medical expert or a person professionally engaged in promoting the welfare of the family. The state is supposed to pay the expert but more often than not the parties are forced to fork out the money. “How many people can afford this?” asks Lekha. The aim of setting up family courts is “to treat the root cause instead of treating the symptoms”, as a division bench of the Kerala High Court pointed out. However, even now the symptoms, and not the root causes, are being treated.
Wednesday, December 10, 2008
Tungabhadra Pushkarams from today
Express News Service
KURNOOL/MAHBOOBNAGAR, December 9: Thousands of pilgrims have started thronging Mantralayam and other places along the course of Tungabhadra river to take part in the 12-day Tungabhadra Pushkarams beginning tomorrow.
The State Government has released Rs 23 crore for making all arrangements, including construction of 23 bathing ghats - 18 in Kurnool and five in Mahboobnagar districts - for the convenience of the devotees. An estimated five lakh people are likely to attend the Pushkarams in both districts.
While Endowments Minister J Ratnakar Rao, Finance Minister K Rosaiah and district district in-charge and Civil Supplies Minister K Venkata Krishna Reddy would formally inaugurate the Pushkarams in Kurnool tomorrow, Chief Minister Y S Rajasekhara Reddy and his wife would take the holy dip on Thursday.
Though the Pushkarams would begin at the auspicious time of 00.57 hours on Wednesday, the officials have decided not to allow people at that time. However, the bathing ghats would be thrown open in the morning. According to officials of the Endowments Department, 29 temples on either side on the river banks have been spruced up at a cost of Rs 2.5 crore.
Replicas of major temples, including Tirumala, are being put up in Kurnool. ``Cultural programmes will be held at places like Mantralayam and Kurnool as was done during Godavari and Krishna Pushkarams,’’ they told Express.
Facilities like safe drinking water, sanitation, medical camps, information centres, cloak rooms, control rooms and media centre have been opened for the benefit of the visitors. Besides, flood lights have been put up and street lights on the paths leading to the bathing ghats have been put up.
Allaying the fears of shortage of water, the organisers said that 1.5 TMC water has been stored in Sunkesula dam and the State Government has issued orders for utilising another 3 TMC water from the Tungabhadra reservoir for the purpose.
``We will maintain a minimum of four feet water at the bathing ghats during the 12-day event,’’ officials of the Irrigation department said.
KURNOOL/MAHBOOBNAGAR, December 9: Thousands of pilgrims have started thronging Mantralayam and other places along the course of Tungabhadra river to take part in the 12-day Tungabhadra Pushkarams beginning tomorrow.
The State Government has released Rs 23 crore for making all arrangements, including construction of 23 bathing ghats - 18 in Kurnool and five in Mahboobnagar districts - for the convenience of the devotees. An estimated five lakh people are likely to attend the Pushkarams in both districts.
While Endowments Minister J Ratnakar Rao, Finance Minister K Rosaiah and district district in-charge and Civil Supplies Minister K Venkata Krishna Reddy would formally inaugurate the Pushkarams in Kurnool tomorrow, Chief Minister Y S Rajasekhara Reddy and his wife would take the holy dip on Thursday.
Though the Pushkarams would begin at the auspicious time of 00.57 hours on Wednesday, the officials have decided not to allow people at that time. However, the bathing ghats would be thrown open in the morning. According to officials of the Endowments Department, 29 temples on either side on the river banks have been spruced up at a cost of Rs 2.5 crore.
Replicas of major temples, including Tirumala, are being put up in Kurnool. ``Cultural programmes will be held at places like Mantralayam and Kurnool as was done during Godavari and Krishna Pushkarams,’’ they told Express.
Facilities like safe drinking water, sanitation, medical camps, information centres, cloak rooms, control rooms and media centre have been opened for the benefit of the visitors. Besides, flood lights have been put up and street lights on the paths leading to the bathing ghats have been put up.
Allaying the fears of shortage of water, the organisers said that 1.5 TMC water has been stored in Sunkesula dam and the State Government has issued orders for utilising another 3 TMC water from the Tungabhadra reservoir for the purpose.
``We will maintain a minimum of four feet water at the bathing ghats during the 12-day event,’’ officials of the Irrigation department said.
Saturday, December 6, 2008
Another SEZ victim dies in Mahboobnagar
Express News Service
Mahboobnagar, December 4
Two acres of land with good water source is enough for a family of four to eke out a decent living. But what will be left for them if it is snatched away for establishing a Special Economic Zone (SEZ) ?
This question haunted 40-year-old K Nagamma of Polepalli village in Jadcherla mandal for last few years after her land was taken over by the State Government for setting up a pharmaceutical SEZ a few years ago.
With financial crisis staring at her, Nagamma resorted to the extreme step of consuming poison on November 13, three days after she was thrown out of the job (she was working as daily wage labourer in the Polepalli SEZ) along with her 20-year-old son Gopi, who was employed as attender by a pharma company in the SEZ. She was admitted to a private hospital near here where she died last night.
Nagamma is among more than three dozen farmers of Polepalli who lost their lives so far after giving up their lands.Though the officials paid a measly compensation of Rs 16,000 for her land and gave a job to her 20-year-old son Gopi, the money was not sufficient to perform the marriage of her only daughter Suvarna (18).
According to the victim's family members, Nagamma married Janardhan in mid 80s and the couple were living in Polepalli by cultivating the small piece of land.After the then Telugu Desam Government announced setting up a Pharma SEZ at Polepalli, Nagamma was among scores of farmers who lost their lands and were forced to work in the same SEZ as daily wage labourers.
The impact of losing the land had an effect on Nagamma's personal life as her husband started ignoring her and the children. He became a lorry driver while Gopi was given the job of office attender.Nagamma's body was handed to the family members after the post mortem in the evening which was buried in the premises of the SEZ.
Noted social activist and convenor of the Polepalli SEZ Vyatireka Committee Madhu Kagula alleged that Nagamma died because of State Government's apathy towards the oustees of the project.
Mahboobnagar, December 4
Two acres of land with good water source is enough for a family of four to eke out a decent living. But what will be left for them if it is snatched away for establishing a Special Economic Zone (SEZ) ?
This question haunted 40-year-old K Nagamma of Polepalli village in Jadcherla mandal for last few years after her land was taken over by the State Government for setting up a pharmaceutical SEZ a few years ago.
With financial crisis staring at her, Nagamma resorted to the extreme step of consuming poison on November 13, three days after she was thrown out of the job (she was working as daily wage labourer in the Polepalli SEZ) along with her 20-year-old son Gopi, who was employed as attender by a pharma company in the SEZ. She was admitted to a private hospital near here where she died last night.
Nagamma is among more than three dozen farmers of Polepalli who lost their lives so far after giving up their lands.Though the officials paid a measly compensation of Rs 16,000 for her land and gave a job to her 20-year-old son Gopi, the money was not sufficient to perform the marriage of her only daughter Suvarna (18).
According to the victim's family members, Nagamma married Janardhan in mid 80s and the couple were living in Polepalli by cultivating the small piece of land.After the then Telugu Desam Government announced setting up a Pharma SEZ at Polepalli, Nagamma was among scores of farmers who lost their lands and were forced to work in the same SEZ as daily wage labourers.
The impact of losing the land had an effect on Nagamma's personal life as her husband started ignoring her and the children. He became a lorry driver while Gopi was given the job of office attender.Nagamma's body was handed to the family members after the post mortem in the evening which was buried in the premises of the SEZ.
Noted social activist and convenor of the Polepalli SEZ Vyatireka Committee Madhu Kagula alleged that Nagamma died because of State Government's apathy towards the oustees of the project.
Government gets CAG lash for lapse-ridden schemes
V L Srinivasan
Hyderabad, Dec 8
In a severe indictment of the State Government’s performance, the Comptroller and Auditor General (CAG) of India has found lapses in the implementation of several schemes, including the Centrally- funded MP Local Area Development Scheme (MPLADS) and Mid-Day Meals (MDM) Scheme.
In its report for the year 2007-08, which was tabled in the State Assembly today, the CAG said though the financial position was that of a revenue surplus for the second successive year, the fiscal situation was not all that rosy when compared to the previous year’s.
‘‘Revenue surplus declined from Rs 2,807 crore in 2006-07 to Rs 159 crore in 2007-08 mainly on account of providing Rs 2,071 crore to APTransco to discharge its committed liability on special power bonds under securitisation,’’ the report said. As against the total budget provision of Rs 88,450.56 crore, the expenditure was Rs 75,341.04 crore and there was an excess expenditure of Rs 201.30 crore under seven grants and three appropriations requiring regularisation by the State Legislature, the report said.
MDM SCHEME: The CAG said the Performance Audit of the scheme revealed that student enrolment figures were inflated while seeking allotment of rice from the Centre resulting in excess lifting and huge accumulation of surplus stocks with the AP State Civil Supplies Corporation. ‘‘In preparation of meals, the Fair Average Quality (FAQ) of foodgrains was not monitored and infrastructure not provided. While 22 percent schools did not have drinking water facility, 67 percent had no kitchen sheds, 84 percent no gas connections and utensils were not provided to any of the schools in the eight districts surveyed by the CAG,’’ the report said.
Though the Centre released Rs 1,702 crore for the scheme between 2003 and 2008, only Rs 1,003 crore was spent. ‘‘About 95 percent of the amount meant for construction of kitchen sheds was not spent and no system was in place to cross-verify the figures of enrolment and attendance furnished by the schools,’’ the report said.
Even implementation of the Member of Parliament Local Area Development Scheme (MPLADS) in five District Rural Development Agencies (DRDAs) came under the scanner for irregularities like non-commencement of works, diversions and irregular payments involving Rs 69.77 crore. Funds to the tune of Rs 43.86 crore were parked in fixed deposits for periods ranging between one month and four years in violation of guidelines that they be kept in savings bank accounts in nationalised banks so that the works are completed expeditiously.
PRISONS: The Prisons Department had failed to comply with financial rules and code provisions resulting in under-realisation of revenue, and ‘‘no control existed’’ for operation of the AP Prisons Development Board Fund, it noted.
‘‘Even the state-level Security Review Committee has failed to meet since 2001,’’ the report said.
Hyderabad, Dec 8
In a severe indictment of the State Government’s performance, the Comptroller and Auditor General (CAG) of India has found lapses in the implementation of several schemes, including the Centrally- funded MP Local Area Development Scheme (MPLADS) and Mid-Day Meals (MDM) Scheme.
In its report for the year 2007-08, which was tabled in the State Assembly today, the CAG said though the financial position was that of a revenue surplus for the second successive year, the fiscal situation was not all that rosy when compared to the previous year’s.
‘‘Revenue surplus declined from Rs 2,807 crore in 2006-07 to Rs 159 crore in 2007-08 mainly on account of providing Rs 2,071 crore to APTransco to discharge its committed liability on special power bonds under securitisation,’’ the report said. As against the total budget provision of Rs 88,450.56 crore, the expenditure was Rs 75,341.04 crore and there was an excess expenditure of Rs 201.30 crore under seven grants and three appropriations requiring regularisation by the State Legislature, the report said.
MDM SCHEME: The CAG said the Performance Audit of the scheme revealed that student enrolment figures were inflated while seeking allotment of rice from the Centre resulting in excess lifting and huge accumulation of surplus stocks with the AP State Civil Supplies Corporation. ‘‘In preparation of meals, the Fair Average Quality (FAQ) of foodgrains was not monitored and infrastructure not provided. While 22 percent schools did not have drinking water facility, 67 percent had no kitchen sheds, 84 percent no gas connections and utensils were not provided to any of the schools in the eight districts surveyed by the CAG,’’ the report said.
Though the Centre released Rs 1,702 crore for the scheme between 2003 and 2008, only Rs 1,003 crore was spent. ‘‘About 95 percent of the amount meant for construction of kitchen sheds was not spent and no system was in place to cross-verify the figures of enrolment and attendance furnished by the schools,’’ the report said.
Even implementation of the Member of Parliament Local Area Development Scheme (MPLADS) in five District Rural Development Agencies (DRDAs) came under the scanner for irregularities like non-commencement of works, diversions and irregular payments involving Rs 69.77 crore. Funds to the tune of Rs 43.86 crore were parked in fixed deposits for periods ranging between one month and four years in violation of guidelines that they be kept in savings bank accounts in nationalised banks so that the works are completed expeditiously.
PRISONS: The Prisons Department had failed to comply with financial rules and code provisions resulting in under-realisation of revenue, and ‘‘no control existed’’ for operation of the AP Prisons Development Board Fund, it noted.
‘‘Even the state-level Security Review Committee has failed to meet since 2001,’’ the report said.
Wednesday, December 3, 2008
Hyderabad and Traffic Jams
V L Srinivasan
Hyderabad, April 20
Guess the time an ambulance takes to shift a person within a radius of 10 km of a major hospital during an emergency in Hyderabad ? It is around 45 minutes during rush hour and 15-20 minutes during non peak hours.
In medical parlance, the first hour of a patient falling sick is described as `Golden Hour" and his/her survival chances will be 80 percent if proper treatment is provided during that period.
Fortunately, most of the ambulances are equipped with ventilators and carry other emergency medicines so that the patient sustains till he reaches the the hospital. If not, scores of deaths would take place on the roads caught in traffic jams !
It is not that the roads are full of potholes or inefficiency on part of the hospital staff but the bumper-to-bumper traffic choking the main thoroughfares, scores of traffic signals jotting the twin cities and also the serpentine road dividers that cause the delay.
Added to the misery is the lack of public awareness about the emergency and the traffic police personnel's indifferent attitude in asking the motorists including heavy vehicles like buses to give way to the ambulances.
Even if the traffic police try to make way for siren blaring ambulances, the two-wheeler drivers are in a hurry and try to use the space to zoom past these vehicles.
When this correspondent travelled in an ambulance of Apollo Hospitals from Jubilee Hills to Vikrampuri in Kharkhana to pick up an elderly patient, it took 30 minutes to traverse a distance of 13 km. The traffic was minimum as the temperature was around 40 degrees Celsius.
In the return direction, the vehicle travelled an additional 2 km and the time it took to reach Jubilee Hills was 40 minutes as a Congress `neta' was going to Secunderabad Cantonment Board in a procession and the driver had to take a detour of 2 km to cross the road due to road dividers and also due to traffic snarls at Rasoolpura cross roads and Punjagutta cross roads.
In another instance, the call centre of EMRI received a message that an autorikshaw driver met with an accident on the bund of Bairamalguda water tank on Satoshnagar-Nagarjunasagar road at 8.04 p.m. on April 16.
The message was conveyed to the ambulance stationed at the sports stadium
at L B Nagar. Logically speaking, the ambulance shoud reach the place, which is just half a km, within a minute but it took five minutes as its way was blocked by an APSRTC bus, two wheelers, seven-seater autos and pedestrians crossing the road.
``The number of vehicles are multiplying faster than human beings and as a result, the roads are choc-a-bloc with automobiles and there is no room for any ambulance to travel fast during rush hour,'' Dr Mahesh Joshi, who is Consultant and Head of Emergency Medicine of Apollo Health City, told Express.
According to him, the public behaviour should change and more number of satellite health centres be opened so that the patients need not travel for too long. The Apollo Hospitals has a fleet of 15 big ambulances but not all patiuents are brought to Jubilee Hills. They will be taken to the hospital's centres in various localities and the average time taken is 15-17 minutes.
Even the Emergency Medical Research Institute, which has 27 ambulances in the twin cities and Cyberabad is planning to add more vehicles as shifting the sick to hospitals located at distant places is becoming a major problem.
According to EMRI regional manager M S R Swaroop, a public awareness video campaign will be launched soon in which Chief Minister Y S Rajasekhara Reddy will appeal to the public to give way to ambulances.
``Most of the car drivers cannot hear the siren as the glass windows are closed and they would be listening to music from their audio systems,'' complains EMRI driver Venkat Rao.
Agreeing with him, supervisor of ambulance wing in Krishna Institute of Medical Sciences Srinivas Reddy said that most of the two wheeler drivers get irked at the blaring sirens of the ambulances and enter into heated exchanges with the staff.
Hyderabad, April 20
Guess the time an ambulance takes to shift a person within a radius of 10 km of a major hospital during an emergency in Hyderabad ? It is around 45 minutes during rush hour and 15-20 minutes during non peak hours.
In medical parlance, the first hour of a patient falling sick is described as `Golden Hour" and his/her survival chances will be 80 percent if proper treatment is provided during that period.
Fortunately, most of the ambulances are equipped with ventilators and carry other emergency medicines so that the patient sustains till he reaches the the hospital. If not, scores of deaths would take place on the roads caught in traffic jams !
It is not that the roads are full of potholes or inefficiency on part of the hospital staff but the bumper-to-bumper traffic choking the main thoroughfares, scores of traffic signals jotting the twin cities and also the serpentine road dividers that cause the delay.
Added to the misery is the lack of public awareness about the emergency and the traffic police personnel's indifferent attitude in asking the motorists including heavy vehicles like buses to give way to the ambulances.
Even if the traffic police try to make way for siren blaring ambulances, the two-wheeler drivers are in a hurry and try to use the space to zoom past these vehicles.
When this correspondent travelled in an ambulance of Apollo Hospitals from Jubilee Hills to Vikrampuri in Kharkhana to pick up an elderly patient, it took 30 minutes to traverse a distance of 13 km. The traffic was minimum as the temperature was around 40 degrees Celsius.
In the return direction, the vehicle travelled an additional 2 km and the time it took to reach Jubilee Hills was 40 minutes as a Congress `neta' was going to Secunderabad Cantonment Board in a procession and the driver had to take a detour of 2 km to cross the road due to road dividers and also due to traffic snarls at Rasoolpura cross roads and Punjagutta cross roads.
In another instance, the call centre of EMRI received a message that an autorikshaw driver met with an accident on the bund of Bairamalguda water tank on Satoshnagar-Nagarjunasagar road at 8.04 p.m. on April 16.
The message was conveyed to the ambulance stationed at the sports stadium
at L B Nagar. Logically speaking, the ambulance shoud reach the place, which is just half a km, within a minute but it took five minutes as its way was blocked by an APSRTC bus, two wheelers, seven-seater autos and pedestrians crossing the road.
``The number of vehicles are multiplying faster than human beings and as a result, the roads are choc-a-bloc with automobiles and there is no room for any ambulance to travel fast during rush hour,'' Dr Mahesh Joshi, who is Consultant and Head of Emergency Medicine of Apollo Health City, told Express.
According to him, the public behaviour should change and more number of satellite health centres be opened so that the patients need not travel for too long. The Apollo Hospitals has a fleet of 15 big ambulances but not all patiuents are brought to Jubilee Hills. They will be taken to the hospital's centres in various localities and the average time taken is 15-17 minutes.
Even the Emergency Medical Research Institute, which has 27 ambulances in the twin cities and Cyberabad is planning to add more vehicles as shifting the sick to hospitals located at distant places is becoming a major problem.
According to EMRI regional manager M S R Swaroop, a public awareness video campaign will be launched soon in which Chief Minister Y S Rajasekhara Reddy will appeal to the public to give way to ambulances.
``Most of the car drivers cannot hear the siren as the glass windows are closed and they would be listening to music from their audio systems,'' complains EMRI driver Venkat Rao.
Agreeing with him, supervisor of ambulance wing in Krishna Institute of Medical Sciences Srinivas Reddy said that most of the two wheeler drivers get irked at the blaring sirens of the ambulances and enter into heated exchanges with the staff.
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