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NIMA eMag
North India Management Association
(J&K, Himachal Pradesh, Punjab, Haryana, Uttarakhand, Rajasthan & Chandigarh) May-June 2012
NIMA
Energizing Young Minds
NIMA Regd. under Societies Act 1860
Issue - 3
NIMA eMag
NIMA
Energizing Young Minds
Content
1. 2. 3. 4. 5. 6. 7. 8. 9. All Children Will Now Get Equal Education Dr. P. K. Vasudeva Paradigm Shift In The Delivery of Higher Education Col. K K. Sharma, (Retd) In Lure Of Greener Pastures; The Victim is A Woman Poonam Batth Leading Leaders & Team Work J.S. Gogia The Mask Around Task Prof Priyavrat Thareja Helping Children Cope With Stress Dr. Harpreet Sandhu Digital Retail: A New Path For Indian Retail Dr. Monika Aggarwal When Gods Descend On Kullu Dr. N.K. Sharma Enablers For Faster Credit Linkage of Self Help Groups (SHGS) Dinesh K Kapila 1-2 3-4 5-6 7 8-9 10-11 12-14 15 16-17 18-20
NIMA
President Dr. Gulshan Sharma Vice President Ajay Gupta Secretary General JN Vohra
A Bi-monthly e-mag of NIMA edited by JN Vohra
SCO-1, Level III, (Opp. Reserve Bank of India), Sector 17-D, CHANDIGARH - INDIA Phone : +91-9814556072 you can send your feedback to nimachd11@gmail.com
10. Misuse And Abuse Of Beneficial Legislative 'shield' S.P Singh Bhalla
Views expressed in the Article inside are that of the authors NIMA may not essentially subscribe to these views
Foreword
Dear Friends, As a part of NIMA's endeavour to partner with other management bodies across the globe and expand services and management competencies, a delegation of NIMA along with high level PTU delegation visited Bhutan and Nepal in the month of April. During our visit to Bhutan we had the occasion to visit some of the prestigious colleges; Royal College of Bhutan and Paro College of Education and got an opportunity to interact with the young students of these institutions. NIMA delegation also visited Bhutan Chamber of Commerce and Industries and interacted with the officials of this organisation for collaboration. As a knowledge partner to PTU, NIMA facilitated MOU signing between Royal University of Bhutan and PTU and offered some scholarships to Department of Education and Information Technology of Royal Government of Bhutan At Nepal, NIMA signed an MOU with Management Association of Nepal, Association of ICT and visited Tribhuvan University and Kathmandu universities and SAARC Headquarters. In coming days NIMA will expand its activities to other states and countries and shall work continuously for professional development and prompt advanced education. We believe that an expanding job market would encourage potential candidates to upgrade their skills and mint more revenue streams for the country's economic scenario. I congratulate all those who proactively participate with contribution of their experiences from diverse fields in the form of write-ups for NIMA eMag, which is circulated widely. Your experiences are indeed valuable for the society. God bless you all Dr. Gulshan Sharma President-NIMA
The Supreme Court's judgment upholding the constitutional validity of the Right to Education (RTE) Act has cleared all hurdles for the implementation of the important law. While the principle of universal and compulsory education for children in the 6-14 age groups had well been
accepted, the challenge to the law had arisen from the mandate for reservation of 25 per cent seats for poor economically weaker sections of society (EWS) and neighbourhood children in private unaided schools. By ruling that denial of admission to a poor child would amount to a violation of the rights to life and free speech and expression and clarifying that the implementation of the reservation principle would not infringe on the right to establish and administer an educational institution, the court has removed all misgivings about the legality of the measure. Only unaided minority institutions would now be exempt from the purview of the law. There is nothing per se revolutionary in the Government wanting to enforce a quota of mandatory admission for EWS children in private schools. It is an extension of the principle of the State taking over private property for
public good after paying due compensation. In asking these schools to admit a percentage of poor students as in the instant case, the State is demanding that it be allowed to partially use the educational facilities owned by a private entity. The opposition of some private school managements was based on the wrong notion that admission to poorer students, who are mistakenly considered backward in academics too, would lower the standards in schools and rob them of their reputation as centres of excellence. There was also the unstated apprehension about the desirability of the mixing of students from the lower strata of society with those from the higher strata. These notions are wrong because an inclusive classroom, which is representative of society, would only help to improve the character of all students and make them better citizens. It will also give better opportunities for poorer students and raise academic standards across the schools. It is not just the law, but equity and justice
also demand that all children are treated as equals and given equal opportunities.The RTE, which has actually been in effect since April 2010, is flawed on many counts here. Under it, the government reimburses private unaided schools for reserving a quarter of their seats for the poor, to the extent of per child expenditure incurred by the state. The latter is equal to a state government's annual recurring expenditure on its schools, divided by the number of children enrolled in them. With the last hurdle now removed the government must ensure that it comes into full force immediately. The court has directed that it must come into effect from the next academic year. The excuse that the admission process for the coming year has been completed cannot be accepted. The government also has the huge task of building the necessary infrastructure and recruiting teachers in sufficient numbers to cope with the challenge. The monitoring mechanism, envisaged under the law, should also be efficient and effective. When implemented properly, the law will be a game-changer for education, which is the most important basis for development and nation building. What's more, this segment of the school intake must be integrated into classrooms along with paying students. It will not do any longer to keep them ghettoised in teaching blocks within a school created specially for them. Only private unaided schools which have a minority character including Hindu Vedic Pathshalas, and institutions belonging
to the linguistic minorities Madarsas will be exempt from the obligation cast under Section 12(1)(c), besides boarding schools. According to the data cited by the SC, only about 13 per cent of schools in the country are unaided private schools, including unaided minority institutions. The costs incurred on imparting classroom education to the poor by these are to be partially offset by the government. The government will, however, only pay state school rates. Perhaps it should consider stepping up the contribution to the super-expensive private unaided schools so that these do not pass on the entire burden of teaching the underprivileged to parents of privileged kids. For the RTE to have meaning, India needs to train one million quality teachers about the same figure as the strength of the Indian Army very quickly to shoulder the RTE burden, or the commitment cannot be met. It is not enough to make the rich schools absorb some of the poor kids. Over a five-year period, the overall cost of meeting the RTE expenses is expected to be of the order of 4.50 lakh crores. A country our size can find the money. Imparting compulsory elementary education to all is not just a noble idea; the idea is revolutionary, and will have a salutary effect on providing a suitable manpower
profile. A great section of our workforce is unlettered, and that acts as a drag. There will, of course, be a social cost component involved in bringing 25 per cent poor students into the same class environment as the children of privilege. Their coexistence is likely to be painful, but the equalising impact cannot be
denied. There are two parts to this promise: first is access to schools, and second is learning. On the access front, to fulfil its responsibility, the state can set up schools, pay schools for the opportunity, or give concessions to help set up schools. The muchdebated 25 per cent provision is but an extremely small part of this effort. Schools that have not received a concession will be reimbursed by state. These schools are not providing free education, the state is. But access is the least of the problems: 98% of children between six and 14 years of age are enrolled in
schools. Though most debated, the issues being raised about the 25% quota - this being the upper limit - for poor children in private schools are virtually non sequitur. The law lays down the norm of 40 children to a teacher, which effectively means that in a class, a maximum of 10 students will be from economically weaker sections. The really top-notch private and government schools, assuming the quality of learning is high, make up but a small sliver of the education system. The challenge is to ensure that children remain in schools and learn. This is where the real test of a successful implementation of the RTE lies. Low learning levels plague the entire Indian school system: both private and government schools. The Programme for International Student Assessment (PISA) tests reveals this in the most unambiguous way. PISA tests critical thinking in maths, science and reading, it doesn't measure memorisation, rather demands drawing on knowledge and real world problem-solving skills. India fared poorly, ranking 71st among 73 countries.
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Developed as well developing world has been debating about the lack of accessibility of higher education (HE) to a large number of students. One has to either pay a very high fee to acquire any worthwhile degree or go to public institutions with varying quality and usefulness. With ever decreasing allocation of funds on higher education by the governments, the time is ripe for a quick adaptation of new age information technology and communication systems (ITCS) and change traditional educational delivery. Bertrand William E. (2010) had argued that the university and other educational institutes have generally ignored the use of technology in higher education (HE) delivery. Technology is all pervasive in almost every field; business, governance or academics. Though some institutes have taken initiatives, but the pace of change is not commensurate to the technological demand. A new educational model with greater emphasis on asynchronous e-learning (digital communication for learning pertaining to a transmission technique that does not require a common clock between the communicating devices), dependent on web based education delivery model is emerging as an efficient route to enhance quality and gross enrolment ration (GER) in HE. Change needed Science, when full integrated and applied in the fields of medicine, agriculture and industry; brought in tectonic changes in the world during 20th century. In a world of instant messaging, web searches, Wikipedia and knowledge availability with a click
of button, one can easily argue that speed of producing, disseminating and retrieving information is directly dependent on our internet access and speed of data downloads. The mentor-ship model practiced in a traditional sense is too labourintensive, subjective and costly. Digital ITCS with low-cost storage capacities and cloud computing are the true enablers for a global asynchronous learning. The e-books or digital libraries have become a norm and increasingly most universities subscribe to the e-journal libraries like Pro-quest or Ebsco to harness research at all levels. Many universities in the developing world are also able to afford these digital
higher education (HE) environment, O'Neil K Cathleen (2010) reflected on her experiences of online content delivery from South Africa to Abu
libraries now. Therefore, time has come to revisit our models of Open and Distance Learning (ODL) and scale these up with the use of these technologies. Open and Distance Learning A practitioner in digitally enabled
Dhabi. This was an experience sharing and broughtcross-culture issues in focus. The author worked with a global module concept of teaching which involved team building and collaborative effort by both faculty and students. The process played an important role in this case, teacher and students collaborated to set an agenda, worked together on learnrespond pattern and finally collaborated on group tasks.In another related case, Schmidberger et al. (2010) measured student activity, performance and satisfaction using a software model with an interactive exercise tool in a household technology course. Various cases show that ODL offers new educational environments to the students of all ages, offering 'anyone-anytimeanyplace' accessibility to quality education, vocational in this case. The announcement by both Harvard and Massachusetts Institute of Technology to make some of their academic contents available on the web is a step in this direction. (1. Household technology course is defined by the authors as those
courses which provide skill to the learner to install, diagnose and repair household appliances of white goods or consumer durable categories.) Singh et al. (2010) have described technologies which can be used to
deliver free or low-cost solutions on ODL courses. The authors point out that research shows effectiveness of online classes almost at the level of traditional classroom-based regular courses when appropriate technologies are used and sufficient interactivity is present. In India's context this is more pertinent as even in many state run schools and (higher educational institutions) HEIs, the students have to study on their own in the absence of academic discipline from the institution and faculty. Integrated online teaching technologies can be used for both pure ODL as well as hybrid courses. The technologies make these contents and delivery mechanisms interesting and enriching. These technologies facilitate
communication, collaboration, and cooperation among students and also with the instructor. First-generation Web technologies (web 1.0, like the 'Blackboard or Desire2Learn') supportedlearning management systems on a one-way flow of information. Present second generation Web 2.0 facilitates communication, information sharing, interoperability, and collaboration on the Web (Singh et. al quoting Harris and Rea, 2009). With the cloudcomputing as the emerging norm, many vendors offer managed-hosting services. This reduces upfront costs with HEIs. Teaching Millenarian Generation Proliferation of simulations and gaming on or off the web, have changed the teaching-learning environment. Our education administrators have failed to study the impact of gaming consoles like Play-
Station, X-box or Wii and instant gratification-generation on their learnability in traditional class room
settings. Proserpioet al. (2007) have described impact of digital accessibility to students on the teaching pedagogy. The 'virtual generation' of students is driving technological and social changes in teaching and learning pedagogies. Optimal imparting of education and its learning can occur only when teaching and learning styles match up with each other. Effective use of available e-learning tools can provide useful and engaging means for education and in turn address this generation's preferences for virtual media. Conclusion More and more, university courses are now available online to a global audience. A significant shortcoming of e-learning technologies has been poor support for group oriented and collaborative learning. Many studies find that virtual world offer a better solution for collaborative learning. There is a perceived similarity between the virtual setting and a class room group setting in Web 2.0, which earlier was missing for a text-oriented e-learning platform. There is no time to lose for countries like India, if we have to derive benefits from our much hyped demographic dividends. The new age youth is looking for new tools of learning and digital ICTS usage is the best answer to scale up the GER to 35 to 40% in a few years.
References : o Bertrand William E. (2010). HE and technology transfer: The effects of "technosclerosis" on development. Journal of International Affairs, Fall/Winter 2010, Vol. 64, No. 1. o O'Neill K Cathleen (2010). Teaching across the great divide. Cape Town, South Africa. Business Communication Quarterly, June 2010. o ProserpioLuigi and GioiaDennis A. (2007). Teaching the virtual generation. Academy of management learning and education. 2007, Vol. 6, No. 1, 6980. o Schmidberger Wolfgang and Stamminger Rainer (2010). Application of an interactive exercise tool: student activity, performance and satisfaction in a Household Technology course. o Singh Anil, Mangalaraj George, TanejaAakash (2010). Bolstering teaching through online tools. Journal of Information Systems Education, Vol. 21(3)
In a dusty villagein the Jagraon district of Punjab, 26-year-old Suman (which is not her realname), lives with her widowed mother in a small room in a crumbling building. Fouryears ago, the secondary school teacher married a British man in a weddingarranged by relatives. Shortly after the ceremony, her husband, who is in his 40s,left for Londonwith the promise he would send for her. At first all appeared to go well. "He would visit two to three times a year. Whenever he came to India, we had agood time," she said. However, on one visit he claimed her application for a spousal visa to the UK had been refused. "He told me he had applied for an appeal. But he has never shown me a copy ofthat appeal.
He's never shown me any documents."The visits and calls ended, and for the pastone year Suman has had no contact with her husband. "In hindsight,it was like being a prostitute you take along and have a good time with andthen leave behind. When he returned to England, there would be no communication.'' This is not a rarestory in Punjab one can get of hundreds ofsuch cases in the land Gurus. The facts are quite shameful for any Punjabi withover 30,000 brides battling to get justice and come of the overseas marriagedeal. Wait! If you thought all 5
these girls werecrazy to go abroad and got into trouble on their own you are entirely wrong.These women are used by the groom's family or sometimes by their own families as a tool to get a visa for foreign country.While the parents are in a hurry to marry off their daughters to get rid of them the groomsare ready with a plan to use and throw them. Holiday brides are the latest evil Punjab is dealing with after fighting out female feticide, dowry deaths and burning brides. The turban of many a proud Punjabi is down in mud and slush because of the FOREIGN LURE ... greener pastures across the seven seas. As part of this newly emerging trend, those desirous of leading a life overseas get so excited that they leave no stone unturned and use all possible means to cross over to the foreign lands. In doing so, hordes of couples donot hesitate to put at stake all their relationships including humanity at large. Sad, but true...!!! It has become a culture that a boy who manages to reach the foreignshores becomes a prized stud bull after spending a few years there.
He can come home on a holiday and find a bride and the marriage ends with a honeymoon... The father of the girl is left poorer by a fewlakhs and the young girl with a baby- to- be ... to shed tears forthe dear departed who has a family of his OWN somewhere beyond theIndian shores ...and their reality of doing petty jobs only comes tolight there. However, when they come to India the selection of a brideis done just as it is done when cattle and buffaloes are to be bought during an auction. I know of a man in Dharluli village near Adampur who pawned his land to marry his daughter to a boy abroad but now is a broken man.In such cases the grooms shamelessly demand anything between Rs 10 to 15 lakhfor a proper wedding and keep asking the girls to get more money for their various needs. But these men try their best to ensure that the girls family should feel obliged to them for a lifetime. But the hard fact is that when these men cross the borders after marriage they never come back and leave these young beautiful brides to curse their fate. Why this lure? --- The uneducated youth who manage to reach these shores lead a life worse than a prisoner. You see many a lass at theHeathrow Airport with the broom hiding her face --- lest she isrecognized. Few others are seen selling souvenirs near the worldfamous Eifel Towerin Paris.A distant relative of mine use to fetish his son-in-law on his visits. When on a trip to UKhe found his darling daughter selling garmentson a hand rehri --- he instantly brought down the hospitality standardof his son-in-law
... and showed him his place!!! MrBalwant Singh Ramoowalia, who has been consistently fighting atvarious levels to get justice for these abandoned overseas brides andthe Punjab Government are on the job ... IG, Jalandhar Range, GurpreetDeo is at the helm of the affairs dealing with such cases every day. As a measure tocreate awareness, a National level seminar is being organized at Haveli, Jalandhar; on May 30 focusing on the problems of theseoverseas brides ... for a woman is doomed at every step and helpingwomen get their rightful due is the need of the hour. The law they say is an ass it proceeds at a snail'space with the case but the Punjab Police if left to its own certainly knows how todeal with it. Another aspect ... that is even more important is howto rehabilitate them. Few suggest that it would be a good idea to setup a school for them and educate them and make them crafts worthy andlater use them in various
Estd. 1994
government schemes.The whip of the law and the police should be used to hit theoffenders hard and where it hits them the most. It's a sad reflectionthat in our society the focus is not on the qualities of the girl whocomes into a family but on what has she brought from her parental place ...Everything has a price and a woman too in many cases istreated like a machine to mint money. Another vice which has come to light is that of boys marrying girlsfrom abroad on contract basis so that they can get a chance to entrythe countries of their dreams through their green card holder spouses.Day in and day out,
aman have no responsibility towards society and its ills. Also doeshe realise that no society can progress without giving their womentheir rightful place, but needs to be respected at all levels . Let the entire society rise to take up this cause ... boycott thefamilies in the villages or in thetowns involved in any such case to fight this evil. These poor girls should have an opportunity to start life again formost of them are victims of the greed. Even themarriage sponsor fees and visa approvals are paid by the girl's parents ashusbands continue to cash on big time. I grew up as a child of an Indian Air Force Officer. During hisservice we did find many such cases, infact it became a convention. Aftera fatal accident --- after a reasonable time passed, the best friend ofthe officer proposed and settled down with his friend's wife. Hetreated her children from the first marriage as his own. There is nothing that a Punjabi cannot do. He has irrigated thedeserts and levelled the Teraiforest ---- let him rise and get this scourge of the girl child, bride burning, abandoning brides being athing of the past. Author can be contacted at; info@mywishingtree.in, M: 9815243000
social and cultural value systems have beenmurdered in our society and the victim is a woman. One wonders does
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Much has been said by the 'Business Schools' all over the world on team work. Most of the institutions are spending a lot to inspire teamwork among their people. It is really surprising that despite of formal training, some of the persons remain as they are. Scientifically it is proved that some of the traits of teamwork are inborn while some can be learnt from the society. One joke goes like this, There was an exhibition of the world insects. The i n s e c t s trapped in the beautiful glass covers were on display from the various countries. It was thrilling to see that every insect was trying to get out and set himself free from the glass covers. In one of the glass covers, all insects were sitting at the bottom as dead and no one was trying to go out. Someone said that this box has come from India. Initially they also tried to come out. But whenever any insect made any effort to climb, the others would pull him down from the legs. Now all of them have become tired and they are thinking it is of no use to make any further effort. By teamwork, the entire lot became frustrated and demoralized. Let us learn from the metaphor, which provides us insight of super-natural law of teamwork, the Almighty has bestowed to the birds. I have borrowed from naturalist Milton Olsen's work on the behaviour of the 7
Geese to make an interesting study. Watch carefully the flocks of Geese flying together in 'V' formation. The scientists have made study why they fly that way. They discovered: Each bird flaps its wings; it creates uplift for the birds immediately following. By flying in 'V' formation, the whole flock adds atleast 71% flying range than each bird flew on its own. It reveals truth that people who share a common direction and sense of community can get where they are going quicker and easier; they are travelling on the thrust of one another. When any Goose falls out of 'V' formation, it suddenly feels drag and resistance to fly alone and quickly gets into the formation to take advantage of the lifting power of the bird in front. It reveals the second truth that there is a strength, power and safety in numbers when travelling in the same direction with which we share the common goal. When the lead Goose gets tired, he
leadership, need to be remembered with their active support and praise. When a Goose get sick or wounded by
rotates back in the wing and another Goose flies in the front. It reveals third truth It is the best to take turn doing hard job with the people. These Geese bonk from behind to encourage those up in the front to keep up speed. It reveals the fourth truth, Those who provide
gun shot and falls out, two Geese fall out of formation and follow him down to help and protect. They stay until he is either able to fly or he is dead and then launch out on their own or with another formation to catch up with their group. It reveals the last truth, We must stand by those among us in their time of need. The similar behaviour I have studied myself while visiting the Game Sanctuary at Sorsan near Gadepan where the flocks of deer in hundreds rest behind the small bushes while one or two of their companions remain alert. They raised a peculiar sound giving warning signal to run for safety when our jeep approached them. Same behaviour was observed among the monkeys. When one of my fellow being threw a stone at one of the monkey, he raised the voice of warning and hundreds of his companions came running to attack us in-group at Jhalawar during picnic. Let us learn something from the metaphor if we have not done so in the formal trainings organized by the institutions.
Prof PriyavratThareja
Principal Programme Coordinator,PEC University of Technology, Chandigarh,
Preamble: This work highlights the right role of management- the AUM way. 'AUM' is the Thareja's TQM model and expands to identify steps viz. Alignment, Utilisation and Metamorphosis (a.k.a Transformation).The presentation is non-serious involving serious issues. Dare we Define Management? The predominant metaphorical conceptualization of management is something like Ask.com defines it for us. It is as: 1. The process of dealing with or controlling people: Say, "the management of city enthusiastic in personal development 2. The responsibility for and control of a company or similar organization: "the management of activities of, sayNIMA". Philosopher like Henri Fayol, adds to the kitty some Bramhi to makes it brainy, invoking some forecasting to the rescue of 'task management', he attempts to mask it better: "To manage is to forecast and to plan, to
organise, to command, to co-ordinate and to control." Harold Koontz, quips with a more social view, "Management is the art of getting things done through and with people in formally organised groups." Peter Drucker adds a global dimension to involved organization, saying "Management is a multi-purpose organ that manages business and manages managers and manages workers and work." Mary Parker Follet sums it: "Management is the art of getting things done through people." Certainly, a better call would be to motivate them with a cultural A l i g n m e n t t o b r e a k t h r o u g h performance, and lo! The job is done. Is management about devising an autogenously operating system, such that the work is automatically done? Alternatively, you always pulled out a chair, and supervise the few people working under you for a 9-5 job. Ah! What a great work done. But the question is at what costs? It was a day when you can not really set in a way,to have your say? Pray, God may guide those employees to understand the premise of responsibility, and ask youSir, don't you have to chase your personal dreams any longer, rather than continue supervising us?
Management is never about controlling things or people! It has actually clouded to make our thinking not only dense, but also narrowed. Because the clouds do set at lower h e i g h t b e f o r e t h e y d e l i v e r. Implementation is a lower level activity- always! Take the case of some students talking about bunking classes. One warns pal, you already have deficient attendance levels. The reply is- Oh! Don't you bother about it very much? I know how to manage it. Well! Is management really about masking the task? Or, still we continue to ask- what is it? Probably, Management is a concept which lets you free up and effectively utilizes all your /other resources to achieve stated organisational goals. One wonders why there are such desperations in merely defining it. The possible reasons are 1. Difference in perspectives of management and organisations theories, 2. Shifts in emphasis in the study of the organisation from economic and technical aspects to conceptual and human aspects, and 3. Focus on internal and external environments of the organisation. As a result, definition of management can be broadly classified into four schools of thoughts, namely: 1, Purposive: Henri Foyol, definition to manage, to forecast and plan, to organise, to command, to coordinate and to control is all integrated to achieve organisational purposes. 2, Integrational: As a social system,
managerial actions are principally concerned with relations between people. The objective is to develop the people and not ascertain any direction of things. The essence of this thought is reflected in Lawrence Appley definition to whom management is the accomplishment of results through the efforts of other people. 3 Rule based governance: The Decision School expects management to make and enforce rules. It is argued that Decision making power provides a dynamic force for managers to transform the resource (of business organization) into a productive and cooperative concern. 5 Dynamic and system based:.Organisations are construed as a living organism, and continually
adapt to the environments for survival and growth.The challenges include interaction of interdependent parts having variety of goals, within a scenario of changing markets, technology and other critical environmental factors. Contingency theory suggests, there is no best way to design organisations and manage them. There is no best way either to design the way people should develop and donkey them to task. Possibly, one has to culturally
motive them, to allow them to undergo development (I call it Metamorphosis), so they can continue facilitating striving for goals without asking (and sparing you for pursuing further planning, and adding more of individual contributions). Thus one has to remain alive to requirements and also follow it through the change process, without alienating the task socio-technocultural Metamorphosis. Let us delve upon what makes the task of people development proficient, while setting in a system of autogenously operation controls. Undoubtedly it spans through cultural Change. Change involves Tactical Learning Setting in cultural Change is tough. The popular idiom may undergo transformation to- The dog's tail was kept in straightened position for 12 odd years in a glass bottle. Did it get straightened? The new observation wa s - No t a t a l l. Ra the r i t transformed the bottle into its firm and incorrigible curved shape. Rightly so, we need to give a timely transformatory stimulus and wait for the results. The subject would autogenously Utilise 'learning and developmental stimulus' to grow up as managed. We need to inculcate the concept of conceptualization of a Mask. The student will create one, or learn to create one, and adorn it to seek the coveted brand. Sure, you can not grant a mask. That will not give him/her individuality. When you saw many 'Sachins' in mask in a TV add, little did you get
impressed. And sure you would be searching the real Sachin amongst them. Let the real you be evident in the new mask- It has no face orientation- but the personality. Regarding people development process, Albert Einsteinsaid : Education is what remains after one has forgotten what one has learned in school. Well, some one humorously interrupts: if that was to be forgotten, was there ever a need to have learnt it ? The answers are bothNo, and yes. No because the education must be 'lean'. Because the future will lie in the hands of those who can learn, unlearn and re-learn. Thereby, lesser the disturbance, better it would be. Oh, yes! that was a joke. The answer is a big Yes! Rightly, there is always a need to learn, whether it (education) were to retain it or just forgotten. Why, because it only supports a process. A process of 'How to Learn, and become a Learning person'. The subject m a t t e r w e re e s s e n t i a l l y n o t permanent. One trusts only God. Rest all is data. Most factual, yet it is subject to change. It is relative. One needs the Merit and the Culture squared. Einstein Formulae of Education is E= MC2.The Culture squared is obviously the most important pursuit. .part 2 to continue in next issue Author can be contacted at: pthareja@yahoo.com. Website: www.thareja.com
Success doesn't carry a dollar sign.... Success isn't something that just happens. Success is learned. Success is practiced. And then it is shared.
(Sparky Anderson)
what they want their parents to do about it.Five different placeswere chosen for pool
What Parents Can Do You may not be able to prevent your kids from feeling frustrated, sad, or angry, but you can provide the tools they need to cope with these emotions. Notice out loud. Tell kids when you notice something they might be feeling ("It seems like you might still feel mad about what happened at the playground"). This shouldn't sound like an accusation (as in: "OK, what happened now? Are you still mad about that?") or make a child feel put on the spot. It's just a casual observation that you're interested in hearing more about your child's concern. Listen to your kids. Ask them to tell you what's wrong. Listen attentively and calmly with interest, patience, openness, and caring. Avoid any urge to judge, blame, lecture, or tell your kids what they should have done instead. The idea is to let a child's concerns (and feelings) be heard. Encourage your child to tell the whole story by asking questions. Take your time, and let a child take his or her time, too. Comment briefly on the feelings you think your child was experiencing as you listen. For example, you might say something like: "That must have been upsetting" or "No wonder you felt mad when they wouldn't let you in the game." Doing so shows that you understand what your child felt, why he or she felt that way, and that you care. Feeling understood and listened to helps kids feel connected to you, and that is especially important in times of stress. Put a label on it. Many kids do not yet have words for their feelings. If your child seems angry or frustrated, use those feeling words to help your child learn to identify the emotions by
name. That will help put feelings into words so they can be expressed and communicated more easily, which helps kids develop emotional awareness the ability to recognize their own emotional states. Kids who can recognize and identify emotions are less likely to reach the behavioral boiling point where strong emotions get demonstrated through behaviors rather than communicated with words. Help kids think of things to do. Suggest activities kids can do to feel better now and to solve the problem at hand. Encourage them to think of a couple of ideas. You can get the brainstorm started if necessary, but don't do all the work. A child's active participation will build confidence. Support good ideas and add to them as needed. Ask, "How do you think this will work?" Sometimes talking and listening and feeling understood is all that's needed to help kids' frustrations melt away. Other times change the subject and move on to something more positive and relaxing. Don't give the problem more attention than it deserves. Just be there. Sometimes kids don't feel like talking about what's bothering them. Try to respect that, give them space, and still make it clear that you'll be there when they do feel like talking. Even when kids don't feel like talking, they usually don't want parents to leave them
alone. You can help them feel better just by being there to keep your child company and spend time together. So if you notice your child seems to be down in the dumps, stressed, or having a bad day but doesn't feel like talking initiate something you can do together. Take a walk, watch a movie, shoot some hoops, or bake some cookies. Isn't it nice to know that your presence really counts? Be patient. It hurts to see your kids unhappy or worried. But try to resist the urge to fix every problem. Instead, focus on helping them grow into good problem-solvers kids who know how to roll with life's ups and downs, put feelings into words, calm down when needed, and bounce back to try again. Remember that you can't fix everything, and that you won't be there to solve each problem as your child goes through life. But by learning healthy coping strategies, kids can manage stresses in the future. About the Poll The Poll surveyed 250 9- to 13year-old boys and girls regarding how they coped with stress. The pollcenters included: Pracheen Kala Kendra Sector 71,Mohali Smart Wonder School Sector 70,Mohali Doon International School Sector 68,Mohali Local Area Kids Sector 71,Mohali SukhanaLake,Chandigarh
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process. Table 1 describes the attributes of store shopping and online shopping.
Attributes
Characteristics Store shopping Online sopping No travel cost Less shopping fun More information uncertainty Lower purchase price More distrust feelings caused by transaction Waiting time for delivery
Information gathering Travel cost More shopping fun Less information uncertainty Purchase/transaction Higher purchase price Less distrust feelings caused by transaction No waiting time for delivery
Delivery
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In the context of E-retail, accessibility has two meanings. First is the physical access, namely the consumer's ability to access the retail facility, or vice versa, the retailer's ability to access the consumer's premises. For most product classes, physical delivery is still a necessity. The second is that of IT-based access: the telephone or the yet less popular (but rapidly expanding) computer web access, labelled below with the generic term 'Internet'. Internet users in India have increased from 20 million in 2005 to 121 million in 2011. With the growth in internet growth in e commerce has also been increasing day by day . The study highlights the opportunities and challenges of e- retail in India. E- Retail in India A comparison of growth in total organized retail space against the growth of retail sales reveals that retail space in sq.ft has grown by a CAGR of 42.9% between 2001 and 2011, aggregate sale increased by only 35.8 % during the same period. Internet and phone are revolutionizing the way retailers
connect their customers worldwide. To reach more customers, Indian retailers have so far relied overwhelmingly on the development of brick and mortar channels. Additional stores have increased the retailers reach but they have also been the source of tremendous inefficiencies. Retailers have grown their distribution system faster than demand. in parallel to this , costs have also been put under pressure by high and unstable rental prices. Retailers thus operate store shops, but each one generates higher costs and less revenue per sq.foot to pursue their expansion strategy more efficiently, retailers should exploit the potential offered by distance channels. Growth of internet between 2006 to 2011 is 23 %, if this growth continues the number of online customers will exceed 100 million by 2020. Growth will be driven by growing popularity of web, accessed by Indian consumers both through personal computers and smart phones. In the future convenience and time efficiency will be the next battlefields for retailers. Travel has the highest market share as it is easy and there is no physical delivery of goods . Indian railways 2007 6250 1896 978 238 1200 680 2008 10500 3530 1120 290 1540 920 2009 14,953 4735 1550 435 2000 1210 2010 25,258 6340 2050 680 2680 1610
portal , irctc.co.in , which started in 2002 , books 400,000 tickets a day it is the country's largest ecommerce , with a turnover of 765 cr in 2011 and 2015 estimate of Rs 2500 crore In India 80 % of e-commerce revenues come from travel and shopping ha sfollowed travel. According to Flipkart , its revenue s have zoomed from Rs
2.5 Crore in 2008-09 to 75 cr in June 2011 quarter alone ; it sells 10 products per minute and worth rs 2.5 cr a day ( Economic Times 15, Dec 2011) It started with books and has added mobile phones , laptops cameras and home appliances The E-Commerce Market Size (Crore)
Online Travel Online non travel E retail Digital Down loads Financial services Others
Organized retailers have increased their reach by building numerous outlets. The growth in retail is quite impressive registering an annual growth of 9.3 %. To increase their penetration, retailers have been focusing their strategy on reach and consumer experience. In 2006 urban India counted for 1 store for approximate 12130, inhabitants while four years later the figure dropped to
5565. To improve reach and consumer experience, retailers should consider developing alternative channels. According to VivekBiyani , director Future Group , It presents business with great possibilities On the shop floor , I can display 20 types of phones , while there are more than 200 on online store . Rahul Sethi , President , e-commerce
tradus.in, says, The player offering greatest discount to the end customer will win. For example 'if a restaurant is not doing well on Tuesday evenings, they give heavy discount through our website and work on volumes. Customers are offered low price on the condition that they collectively generate more sales to cover sellers cost and margin. Generally young people between 25-
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34 year oldare ruling this space and discounts often go up as 95 % Innovations Consider aaramshop.com: It offers the convenience of ordering your grocery online while you are updating your Facebook account. The websites has tie ups with various Kirana stores across Delhi and NCR, the store owner gets SMS of the order. Convenience Flip Kart, the biggest online bookseller in India , e.g. is addressing concerns regarding online privacy and credit card use for internet shopping in its ' Sagar just doesn't get it ad launched recently. In another ad it addresses another concern, What if the product turns out to be damaged, inferior, or simply not up to the mark? Strategies to Improve: Demand for these alternative channels is still nascent but substantial growth can be triggered. To seize the latent demand through internet , retailers should seek the following strategies. Developing CRM tools will enable effective marketing : Understanding the consumer preferences to tailor the offer will be the second competitive battle front for e-retail companies in India. Successful companies have to price the product according to purchasing pattern of individual customers. Improve logistics Customer satisfaction is strongly
dependent on supplier's ability to deliver goods on time, at the right quality and cheapest price. Complex IT systems must bridge the gap between remote physical stores and virtual store where customers place orders. Significant effort should be made reduce the currently large proportion of unsatisfied customers .Close to 70 % buyers have experienced delays in delivery and 25 % have received damaged goods at least once. Pricing should be tailored to maximize profits: Firms should tailor prices to the consumer segment they are targeting. Companies can track buying patterns through widely available CRM software. It is important to build a nationwide, delivery network, warehouses , inventory management , logistics is the key to managing costs as the revenue side is characterized by price wars. Social media should be exploited:these platforms can generate tremendous awareness about e retail because their reach is very wide and 60% of consumers said they trust information found on social media more than traditional adverts. Conclusion At present, it seems that despite the rapid growth and widespread publicity, e- retail is still in its infancy. A growing number of suppliers, along with increasing household access to computer networks, facilitate the popularization of E-retail. The
challenges are that suppliers and much more so, consumers, are still experimenting with E-retail. Service quality, security of transaction and trust between the consumers and suppliers must be built. Second, access to thenecessary technology, both hardware and software, is improving quite rapidly. Generally, usage is becoming more userfriendly, and the learning time on how to search and purchase is decreasing which will lead to enormous growth of e-retail in the near future in India. References Alba, J., Lynch, J., Weitz, B., Janiszewski, C., Lutz, R., Sawyer, A., Wood, S., 1997. Interactive home shopping: consumer, retailer, and manufacturer incentives to participate in electronic marketplaces. Journal of Marketing 61 (3), 3853. Dixon, T., Marston, A., 2002.UK retail real estate and the effects of online shopping. Journal of Urban Technology 9 (3), 1947. Gould, J., Golob, T.F., 2002. Consumer E-commerce, virtual accessibility, and sustainable transport. In: Black, W.R., Nijkamp, P. (Eds.),Social Change and Sustainable Transport. Indiana University Press, Indiana, USA, pp. 279285. The Economist, 2005.Meg and Power of Many. June, 11th. Indian Management , 2011, Dynamics of online retailing , Nov.2011
There comes a time when we must choose the cause in life which we will follow, or the relentless drift of events will make the decisions for us. Success is not a matter of chance, it's a matter of choice
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festival from there. On the following days, the gods are invoked and paraded. An added attraction is the community singing and dancing throughout the night, with the atmosphere vibrating with liltingshenai and the drums beat to the rhythm of dancing feet. Since the festival attracts huge crowds from all parts of the valley, in addition to a number of domestic and foreign tourists, a big market is set up which has local products like shawls, caps, pattoos and other products, on sale. One of the main highlights of Dussehra, besides exhibitions, is the folk dances and the cultural programmes. The Dussehra in Kullu mirrors the culture of Himachal Pradesh in its entirety. It reflects their history, customs and traditions, their wayof life and their love for dance and music.
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The SHG movement has witnessed a tremendous upscaling in terms of both mass (formation of SHGs and their linkage with banks) and flow of bank credit but stilremains weak in North West India. I have come across regularly at various interactions with bankers, formal or informal, some concerns which I have now classified into ten broad concerns. The clarifications as stated about each concern are also provided and if understood and internalised, I am sure would bring about the enhanced flow of credit to SHGs in north west India. We must remember that any nation's development requires among other parameters the access to credit to all segments of society, which is the objective of the SHG movement. The ten concerns and clarifications are stated in a question and answer format as below. 1. Query A new President and Secretary were elected by the group members, they were advised to open a new account for the SHG, they did not return to complete the formalities. Clarification There isno need for a new account, the SHG has to pass a resolution about its new office bearers and thereafter record it, then it should be incorporated in the bank records, the same account continues even if the office bearer changes and is to be so operated. 2.Query - The SHG is not taking loans for income generation, should we
disburse the loan ?Has the stamp duty been waived. Clarification - Again no need to impose conditions for income generation, this is a credit outreach movement, hence we need not stress on income generation activities only for availing the loan from the bank. The SHG has to decide the need for credit, we may guide it only in case it is observed to be requiring guidance. The stamp duty now stands waived now for SHGs in most states, atleast for Punjab it is confirmed. 3. Query I or my staff at the branch do not know rating norms ?Also, Where is the time to know the SHG and its working. Clarification The rating norms are developed by each Bank and are also available in general terms from the local office of NABARD or the LDM of the district. Eachbank has its norms as also the CDPO ICDS / NGO which has formed the group.Rating means a formal mechanism to assess the quality of the group ( number of members, attendance at meetings, savings collection, loan repayment etc), the quantum of loan is to be linked to the quality of the SHG. The staff should attend the SHG meetings to build trust and to assess the group dynamics, atleast once a meeting should be attended when the group is maturing and then before credit linkage also. All members at the branch, if sensitised, can build ties
with the SHGs irrespective of hierarchy. As time is spared for comparatively better off clients, some time can be taken out for SHGs also. 4. Query - There are defaulters in the group, our bank branch cannot lend to defaulters or at that village etc most residents are defaulters ?A second query, I thought SHGs comprise of women members only, yet a SHG comprising male members has been formed and has sought the sanction of a loan. Clarification - Ifthere are two / three defaulters to banks as members of a SHG, the group needs to simply pass a resolution affirming that none of them will get access to the bank loan to be sanctioned to the SHG and ensure that it happens. We need to avoid type casting some villages also as villages comprising of defaulters, we need to reach out to them. Thirdly, recovery rates for General SHGswhich are well nurtured are normally satisfactory (mostly reported to be over 90 %), so it would be ideal to establish credit relationships with SHG members with confidence. SHGs can have as members women or men, there is no bar as such on men forming SHGs but by experience SHGs of men require extensive nurturing. 5. Query - These are private SHGs how to trust them and disburse loans? I am comfortable with what were called SGSY groups formed by the DRDA.
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Clarification - There is nothing labeled a private SHG - there are certainly groups formed by the DRDA / GraminSevika which do get subsidy from the GOI and the more numerous and normally labeled General SHGs(as per norms developed by NABARD) established by CDPOs ICDS / NGOs as also other agencies such as Farmers Clubs / Dairy Associations etc, even an committed individual can form a SHG - the banker must know the group members and rate it to trust it and to disburse loans. It would be ideal to visit bank branches nearby which have a sound relationship with SHGs and replicate their strategy as appropriate. 6. Query - I am worried about NPAs at my branch ?My auditors are raising objections about loans to SHGs for consumption / daily needs purposes and insist on loans to SHGs to be linked to income generation, they also take savings aggregated by SHGs to mean only the amount deposited in the savings bank accountby SHGs at the branch for considering a loan to the SHG. Clarification Well, considering Punjab where I worked in the field extensively, the total loan outstanding at any branch and its ratio to total loans being disbursed to SHGHs by a branch, its too small, any impact on NPAS by a default is minimal. The main objective must always be to know the group and its members, not to summarily reject their initiative. In any case, recovery has normally never been a problem issue once a SHG has been nurtured properly with appropriate capacity building. Secondly, it's a fact that auditors are themselves not clear when such advise is received from them, these i s s u e s a r e w e l l s e tt l e d a n d clarifications available on the RBI / NABARD websites also. 7. Query - We asked the members to bring all their savings in cash to the branch for considering the loan to be
given to them and they refused. Clarification - The advise was incorrect and justly refused, the total amount in internal circulation with the SHG members as evident by the accounts registers is to be taken as savings plus any amount at the Savings Bank account with the bank for consideration. Advising the bringing in by the cash mode the total savings at the bank is incorrect. 8. Query - The SHG members never approached me the Branch Head for a loan, yet a reference about refusal by the branch for loans to SHGs has been made to the district officials etc. Clarification What most officials may not know is that even the gunman is at times turning away the SHG members - specially the poorly dressed members. The staff at the customer service desk are also at times turning them away due to lack of knowledge about extending a loan or other related reasons. Branch heads need to actually ensure that direct access to SHG members is there by empowering animators / group leaders, they may consider teaching their staff and also involve them actively for reducing attitudinal barriers. 9. Query- I will give the loan in installments, the amount is huge and cannot be handled by the SHG. Clarification - This development happens as groups become older they repay their earlier loan and then seek more credit, their savings also increase in the meantime, hence a higher loan amount is requested, the branch is to rate the SHG, study its track record, meet themembers at group meetings and find out their concerns / needs but the mode of disbursing in installments the loan should be avoided. Related to this, do not state in the books loans for dairy / stitching etc if its for consumption purposes, the files / books should state the purpose transparently, a tendency which has been noticed at some branches. The groups credibility
only has to be analysed by the branch, I have observed a PSU Bank branch disbursing Rs 2 lakh to Rs 2.50 lakh to SHGs for essentially consumption related purposes after rating the SHGs in depth and holding extensive discussions with members. Our inability to change our mindset about the ability of the poor or comparatively poor to handle credit even after their capacity building needs to be reoriented. 10. Query - What is the role / purpose of the agency - CDPO / NGO which promotes SHGs, why this importance to them from major institutions / district administration ? Clarification The role of the CDPOs / NGOs / Trusts / Not for Profit Companiesis the development of the poorer and unreached by credit sections of our society, the CDPOs / NGOs will form / nurture the SHG, teach them how to maintain accounts / proceedings, check the books and sign them, facilitate opening of savings bank accounts and sponsor their loan application etc. both the bank and agency should know each other professionally and maintain direct contact inclusive of names / telephone numbers and share observations. Any problems with sponsoring agencies such as group quality, lack of coordination, lack of checking of books etc.can be shared with them firstly in meetings and then with the DDM NABARD / LDM / DRDA etc. In case grants are purveyed to the agencies by institutions such as NABARD, it is for ensuring the appropriate build up of mass in the movement and the capacity building of members / groups. Ultimately, all stakeholders are working for separate institutions but engaged in the common purpose and drive for financial inclusion. (These are the personal views of the author and not of his employer).
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Section 3 under chapter II on 'Offences of Atrocities' is 'hub and soul', of the legislation, listing following offences of atrocities, committed by 'whoever, not being a member of Scheduled caste or a Scheduled Tribe upon SC/ST member: forcing him to drink or eat any inedible or obnoxious substance. acts with intent to cause injury, insult or annoyance by dumping excreta, waste matter, carcasses or other obnoxious substance in his premises or neighbourhood. forcibly removes clothes or parades him naked or with painted face or body or commits any similar act derogatory to human dignity.
will thereby cause destruction of building, ordinarily used as a place of worship, human dewelling or for custody of the property by SC/ST member, shall be punishable with imprisonment for life and with fine. commits any offence under IPC punishable with imprisonment for a term of ten years or more against a person or property on the ground that such person is SC/ST member or such property belongs to such a member, shall be punishable with imprisonment for life and with fine. knowingly or having reason to believe that an offence has been committed under this chapter causes any evidence of the commission of that offence to disappear with the intention of screening the offender from legal punishment or with that intention gives any information respecting the offence which he knows or believes to be false, shall be punishable with the punishment provided for that offence; or being a public servant, commits an offence under this section, punishable with imprisonment for a term which shall not be less than one year. Despite legislative protective umbrella provided, there have been increasing instances of the Act being misused and abused by members of SC/STs themselves as following instances bear out:01 . The Punjab & Haryana High Court came with a heavy hand on increasing tendency of implicating people under the SC/ST (Prevention of Atrocities) Act. Quashing an FIR registered against Chandigarh based Doctor, the Court asserted: strictly speaking the common tendency and frequency of the complainants of involving and roping the accused on vague and bald allegations under Section 3 of the Act, have been tremendously increasing day-by-day in our Society holding that mere utterance of offending words would not constitute an offence under the Act in the absence of intention or mens-rea
to humiliate the complainant in public view, particularly when imputations were grossly vague in quarrel or altercation between the members of non-scheduled caste and schedule caste. (The Tribune dated 24.02.2012). 02. Handing down the life term to three men in the infamous case of Mirchpur killings of Haryana, special Court in Delhi commented that the caste-based 'The Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act' of 1989 should be made 'Casteneutral' so that every offender is punished only on the basis of his crime and not after ascertaining his caste. The Hon'ble Court questioned the wisdom of why a law should make distinction between two offenders when the crime committed was the same and the victim suffers as much. Calling for a re-evaluation of the effectiveness of 'discriminatory' provisions of the Act, the Judge pointed out that provisions of Section 3 of the Act, on the one hand, provides a stringent punishment of life imprisonment if the victim is an SC or an ST but would let go a violator if he is also a members of any SC or ST community. The Hon'ble court further pointed out that 'the provision of Section 4 on the one hand let go a member of the SC/ST who commits same crime of non-performance or neglect in the performance of duties but punishes a person who is not a member of SC/ST. Thus due to neglect of his duties, the Dalit Naib Tehsildar of Mirchpur Village thus had to be 'let off'. (The Indian Express 01 s t November, 2011). 03. Hon'ble Court of Addl. Sessions Judge, Delhi dismissed a complaint lodged by a Dalit teacher against the Principal of School for passing derogatory remarks holding the presence of Principal (accused) and the teacher (complainant) alone
during the dispute resulting in any abuse, insult or humiliation by virtue of caste does not constitute 'within public view' within meaning of Section 3 (i) of SC/ST Act. (The Tribune 16th October, 2010). 04. Caste remarks without knowledge no office, declared Pb. & Haryana High Court accepting petition of a retired principal Mehar Chand Polytechnic College at Jallandhar explaining that perusal of provisions makes it abundantly clear that intention and knowledge to commit the office are essential ingredients of the offence which are missing in the complaint. (The Tribune 07th July, 2009). 05. Allahabad High Court unseated State MLA for furnishing a false caste certificate for contesting election from a reserved SC seat of Naurangia in Kashinagar. (The Tribune - March 03, 2009). 06. False complaint of 'dishonouring' or 'outraging' her modesty lodged b y t h e sweeperess belonging to the Scheduled caste/tribe was dismissed by the Court. (2009(3) LAW HERALD (P&H)2143. 07. Coming down heavily on those who secure admission to professional courses through forged SC/ST certificates, Apex Court warned that erring student is liable to be stripped of Degree. (The Times of India April 09, 2008) 08. In Central Bank of India Vs. Madhulika Guruprasad Dahir & Ors. (SC. CRL, III 2008 P 427), Apex C o u r t h e l d t h a t admission/appointment wrongly obtained on false status certificate necessarily has the effect of depriving the genuine scheduled caste or scheduled tribes or the OBC candidates of the benefits conferred by the Constitution and who come to the Court with a claim based on falsity and deception, cannot plead equity. 09. The enormity of the crime
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warranting public abhorrence should respond to the society's cry for justice ruled the Apex Court dismissing petitionermember of ST community for reducing the sentence, having raped a minor, overruling MP High Court's decision. (The Tribune - 17th July, 2006) 10. While dismissing an appeal of a Woman Panchayat President who got herself elected under SC Quota by fraudulently obtaining a SC certificate, Apex Court held that a false SC/ST claim is a fraud on the Constitution. (The Tribune, October 23, 2005). 11. Where boy had married a girl from another community due to which his family was being threatened and humiliated, the trial Magistrate after weighing the evidence highlighted the gross abuse of the said Act by "Certain people for personal economic and political benefits", asserting 'SC/ST Act can't be an instrument to cause atrocities'. (Indian Express March 13, 2002). 12. in 1996/1997, false criminal proceedings were instituted against the then Chief Minister, Kerala allegedly calling the opposite party MLA a 'Harijan' by him at an election meeting. P roceedings were quashed by Kerala High Court holding that 'merely calling concerned MLA a 'Harijan' did not constitute an offence of 'untouchability'. (The Hindustan Times February 23, 1997). 13. In 1994, Head of HR deptt of a reputed Navratna Central Public Sector Undertaking in M.P. was complained of by a member of SC/ST for allegedly tearing his documents and clothes when he approached for a job, notwithout the blessings of the then State's top notch Politicians, the learned Distt. Court, Guna (MP) while dimissing the complaint passed strictures against the complainant and the Police investigation, holding that 'the complaint has been lodged wth a
view to harass the officer with ulterior motives'. 14. Yet on another occasion in above Central Public Sector Undertaking, the then Secretary of the Workers' Union, also a member of SC/ST, when pointed out of his late arrival in the office and then indulging in gossiping, two Members of the Parliament wrote to the then Union Home Minister in 1991/92 falsly alleging the Senior HR Manager of taking money in recruitment, amassing properties and sheltering the terrorists. Allegations were found un-true by the Police testifying his credentials and character antecedents thanks to the ethical and professional acumen of Delhi Police a distant dream for other Northern Police establishments. Above reported instances, 'tip on the iceberg', do point out how a beneficial legislation enacted for members of SC/STs is at times not only grossly abused but misused also by them with ulterior motives for their undue personal benefits, be it the political election or seeking jobs/admission to learning institutes or to settle personal scores and vendata in the Matrimonial, Political and Social streams. Only God knows the un-published data on the subject. These weaken the social fabric of the Society passing on negative signals to the posterity thus perpetuating casteism instead of eliminating it. A discriminatory distinction as pointed by the Hon'ble Court in the Mirchpuri Killings case definitely puts a question mark on the very validity of the Act in question. There are more legal infirmities in the Act in as much as Death Sentence can't be imposed as stipulated in Subsection 2 of Section 3 of the Act in view of Apex Court's recent declaration as 'un-constitutional' the mandatory imposition of death penalty under the Arms Act as per impugned section 27 (3) of the Arms Act in the absence of judicial Review a clear message form the Hon'ble Apex Court that
there must be responsibility and restraint in framing laws vindicating human rights of 'rule of law and application of due process' in trials should not be circumvented even in relation to most heinous crime The Hindu 08th February, 2012). Both the above provision though in different enactments has the same 'pari ratione'. With such glaring infirmities staring on it's face, it is apparent now that this draconian Law was rushed through without careful thought and the consequences flowing therefrom. On the top of above, why a. NO ANTICIPATORY BAIL FOR THE ALLEGED OFFENCES OF UNTOUCHABILITY as ruled by Apex Court reversing the judgment of MP High Court (The Times of India 02nd February, 1995). b. W H Y ' P L E A B A R G A I N I N G ' INTRODUCED IN CODE OF CRIMINAL PROCEDURE IN JANUJARY 2006 FOR COMPOUNDING OF CRIMES P R O V I D I N G S E TT L E M E N T S WTIHOUT TRIAL EXCLUDED SC/ST (ATROCITIES) ACT PARTICULARLY WHEN IT IS AN OPEN FACT DULY ADMITTED BY COURTS THAT ACT IS MORE RECOGNISD IN IT'S VIOLATIONS THAN IN COMPLIANCE REQUIRING URGENT RE-INVENTING THE LAW IN VIEW OF FAST CHANGING SOCIO-ECONOMIC C H A N G E S A S S T R O N G LY RECOMMENDED BY COURTS. c. A R E W E A D V A N C I N G O R RETROGRADING SOCIETY'S CAUSE? d. ARE WE IN FAST CHANGING SOCIAL MORES OF GLOBAL AND LIBERALISED ERA OR STUCK UP IN THE CENTURY GONE BY? e. HOW MUCH IS TOO MUCH? WE HAVE LOST PRECIOUS 65 YEARS OF INDIA - FREED 'POLITICALLY,' OF COURSE? ONE GENERATION LOST IN 'CASTE BATTLES' ONLY. MAY GOD BLESS THE NATION! IT'S MAKERS AND ABUSERS TOO. Author can be contacted E-MAIL: 'bhallaspsingh@gmail.com', M: 9815985273
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