RTI Problems

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Presentation on Problems in RTI Act implementation : India : by Hemant Goswami and Hitender Jain : Presentation on March 12, 2007 at Chandigarh

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Indian Constitution defines “Right to Equality” guaranteed under Article 14, as; “Equality before law,” and reads as follows, “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” (Singhvi, 2008) Article 14 read along-with Article 21 i.e. ‘Right to life,’ has acquired a much broader meaning with the broadest possible concept of equality among all. This concept of equality certainly extends to ‘equal rights for all people to enjoyment and use of nature’s gifts.’ The Indian Supreme Court has upheld it many a times and often interpreted this right as overriding the rights of artificial juristic persons, i.e. corporate engaged in purely economic activities. The question to be considered here is, “Is this right to equality is limited to people living/existing presently or does this right extend and transcend future generations too?” Is it to be inferred that a person yet to be born after 200 years also have the same right over nature? Does this mean that equality has to be maintained across generations too? Therefore, is this inter-generational equality not only a basic human-right but also an enforceable legislative and constitutional right? Can we monetize and attach a notional value to something which does not belong to us? How can a future generation, due to come after 200 or 500 years ensure equality with present generation? Is this inter-generational ‘Right to Equality’ enforceable, and can it be effectively legislated? How can the levels of this inter-generational equality be calculated?

Inter generational equality and ecological resources

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What is science supposed to do? Search for Truth Science is to provide a basic understanding of the subject and contributes in sum-total of intellect Application of science is intended to help improve the overall quality of life in a wholesome manner. Science should help to foresee the future holistically (cause, effect and consequences, in all its dimensions) and help in forecasting and solving the future issues within the control of human beings; without disturbing the overall equilibrium in any manner.

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Taking about the legal aspect of the laws relating to food security and safety, social activist Hemant Goswami mentioned that way back in 1860 also the penal code provided safeguards against foods and eatables which can cause harm to human health or environment. Food Adulteration Act and Food Safety Act 2006 further assured the right of citizens to have safe food. However the commercial interests are trying to gain backdoor entry in the name of genetically modified crops and food by discarding all precautionary principals of food safety and security. Genetically modified food requires multi-generational tests as they have not evolved naturally. It would be dangerous to adopt anything as food until and unless it has been found to be safe for a minimum of three generation of any animal; at least the mice. Criticizing the proposed Biotechnology Regulatory Authority Bill (BRAI), Hemant mentioned that, “The proposed BRAI bill largely takes care only of the multinational companies trying to dominate the food chain and push genetically engineered food to Indian consumers without proper food safety safeguards. The bill is not only anti people and anti farmer but also against the Constitutional provisions of Article 19 and 21. In absence of other safeguards, the rubber stamp BRAI will make us slaves of the powerful MNC’s and countries.”

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Analysis of Biotechnology Regulatory Authority Bill (BRAI):: The issue is not limited to Bt Brinjal or Bt bacteria alone, the Part I - Schedule I of the proposed legislation also allows the companies to make genetically modified animals and even Clones of animals. Despite such serious implications, there is no punishment prescribed if someone violates the provisions of clinical trial as provided in part I. neither is there any safeguard or liability clause provided. Clearly the bill has been written by the Corporate and not the Government. It looks like that our ministers have not even read the bill.

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A presentation by Hemant Goswami on How tobacco industry have managed to manipulate the public health agenda over the years. Quoting from the tobacco industry documents itself, Hemant demonstrated the tactics the industry uses to plant tobacco control legislations themselves to prevent any effective and powerful legislation from coming into effect. Example of how Indian Tobacco Control law has been weakened by the industry influence has also been given by Hemant in the presentation.

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This study by Hemant Goswami was commissioned and done for WHO and Ministry of Health and Family Welfare (India). To gauge the effect of this on-screen hype, the study surveyed more than 1,100 children, adolescents and young adults. One in three of these were able to recall seeing a particular tobacco brand in an Indian film. The study reports that exposure to smoking in movies promotes tobacco as a normal behaviour and associates it with style and glamour which creates sufficient influence on many youngsters and arise a desire in them to smoke. This is even noticeable in the attitude of some youngsters who have still not experimented with tobacco but admitted imitating smoking behaviour of the movie characters, thinking it to be fashionable and imitable. Nearly 60 percent of the children and youngsters admitted using articles like pen or pencil akin a cigarette in their hand in emulation of some movie actor smoking. On the issue of creativity, an overwhelming 96 percent said that tobacco's absence from a film would not lessen the film's quality or make them less eager to see it. Health advocates have warned that India's liberalized economy having a 500 million population under 18 is an irresistible target for multinational tobacco companies.

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Possible Barriers and Legal Remedies for Implementation of Tobacco Control Legislation was presented by Hemant Goswami on August 28, 2009 (In a WHO and IUTLD Workshop). Hemant exposed how the tobacco control legislation has been compromised and the provisions of the rules diluted to help the tobacco industry. Hemant has minutely highlighted the sly manipulations in language and other provisions between 2005 to 2008 to render the picture warnings on tobacco products absolutely useless. According to him, this is a serious case of corruption and a major breach of public trust by the public servants.

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