Exploitation of Jarawa Girls: Is the Law Helpless?

Exploitation of Jarawa Girls

Is the Law Helpless?

Are the poachers exploiting the vulnerable Jarawas taking cover of the law and roaming free after blatant violation of the PAT Regulations in force?

By Zubair Ahmed

The latest incident of exploitation of Jarawa girls by two groups of local poachers from Tirur did not come as a shock, as such repulsive acts by poachers have become a regular occurrence making mockery of the system.

The guts shown by the poachers to lure unmarried Jarawa girls to accompany them on hunting expeditions further exposes the intricate relationship the poachers have forged with the vulnerable tribe, leaving no scope for any kind of 'stringent' action as desired by the activists or the Administrator.

In this instant case, on the basis of complaint by Dr Pronob Kr. Sircar, Tribal Welfare Officer, AAJVS Tirur two cases have been registered, under section 365 IPC,  r.w.s 7/8 (2) (5) (6) of A&N Island (PAT) Regulation 1956 and r.w.s 3(1) (XII) of SC/ST (POA) Act 1989.

Although, the poachers have been charged under section 365 IPC for kidnapping or abducting Jarawa girls, it would be a Herculean task for the prosecution to defend the charges. At least, its heartening that police acted quickly without budging to any external pressure and registered cases.

But, the harmful influence that the poachers have on the Jarawas would become an impediment in taking the case to a logical conclusion. The Jarawas in most cases pertaining to Tirur sector are hands in glove with the poachers and are unlikely to testify against them. Even though, blaming the past is not going to undo the damage, the situation has worsened to such an extent that its high time there is a paradigmatic change in the approach towards Jarawas especially in Tirur. In fact, everyone accepts the vulnerability of the Jarawa tribe and their susceptibility to the negative affects of such interactions. But, its a blind alley for the police and prosecution to nail the criminals.

The Jarawa girls, who accompanied the poachers, are exploited in every sense. Similarly, sexual exploitation under the influence of liquor cannot be ruled out. However, its an improbability that the girls will testify against them. And, even if its consensual, the legal constraints needs re-examination. Whether the Jarawa girls were minor or adult should not be the subject of debate. If truth be told, their naivety is exploited to the hilt. Whether they testify or not, the issue needs to be dealt in a way that poachers do not use the protection of loopholes in the legal system to come out.

Last month one Ashush Samaddar was arrested by Police on a tip off about a group of Jarawas being sheltered by him and for serving them liquor in exchange of 20 kg of venison.  Jarawa youth Kunu along with two members were found at the poacher's residence. He was later released on bail as it was the Jarawas who visited the poacher's house and not vice versa. A senior police officer had expressed their helplessness as how to book someone in such cases.

In fact, in the last one decade, a strong illicit relationship had already been forged between the Jarawas and the poachers while the concerned authorities looked the other way, and now, when there is a realization with a major reshuffle in the AAJVS, they are finding it difficult to arrest the tide.

But, there are cases like the one in which a local poacher Nitai Mondal, resident of Guptapara had reached Chotagoja Jarawa Camp, a Jarawa Reserve on the West Coast on 3rd November with ration articles - rice, vegetable oil, sugar and tea and camped along with a group of Jarawas and the next day took two Jarawas - Dawa and Lekhte to Bambu Nallah, where other Jarawas were camping. He stayed with them for a day and later took 5 Jarawas - Anijamu (43), Illy (25), Anjale (27), Achehane(25), and Tahe (22) to Tarmugli Island. With such blatant violation of the regulations in force, how did Nitai Mondal manage a bail is very much intriguing.

If such instances keep occurring, where under political influence, cases are weakened by the authorities, conscientious ground staff who wants a meaningful change, will be demoralized and disheartened.

According to an expert, "these local poachers and sexual offenders are the worst influence that have been happening to the Jarawa for the past decade and more- often silently, with a lot of blame being conveniently directed to 'foreign poachers' while these fellows get away with the most dirty, exploitative acts - to the Jarawa, their wildlife and forests (timber)."

 The only silver lining in the otherwise dark horizon is the change in the attitude of a section of Jarawas, who have become conscious about the exploitation meted to them by the poachers. It was a group of young Jarawas, who had sounded caution about the missing girls. The way the poachers were manhandled by Jarawas sends a clear signal what is in store if the situation worsens further. Nobody can rule out the possibility of a section of Jarawas getting back to their old ways, if the settlers especially the poachers living on the fringes of the Reserve doesn't take the cue.

Jarawa Girls Exploitation Case: Update Seven Persons Arrested

Jarawa Girls Exploitation Case: Update

Seven Persons Arrested

By Zubair Ahmed

In the Jarawa Girls exploitation case in Tirur sector, seven persons who had taken eight girls in two Dinghies to Hiren Tikrey have been arrested and the process of registration of FIR is still in progress.

On 14th January, four persons – Ashit Mandal (Collinpur), Tapan Mandal (Collinpur), Birbal Mandal (Collinpur) and Rajesh Das (Temple Myo) took four unmarried Jarawa girls to Hiren Tikrey, an Island 3-4 hours ride from Tirur in an Engine Dinghy and stayed there for three days.

In another incident, on 16th January, Narayan Rai (Sujoy), B Kumar Raja and Shambu Bepari, all belonging to Herbertabad took four unmarried Jarawa girls to Hiren Tikrey.

The information about the exploitation of Jarawa girls were passed on the authorities by a few Jarawa youth. A special joint squad comprising of Police and AAJVS staff was formed and alongwith a few Jarawa youth raided the Island and the culprits and Jarawas were located.

Meanwhile, it is also learnt that the group of furious Jarawa youth attacked the culprits. Narayan Roy (Sujoy) is a repeat offender with more than five similar cases pending against him.

All the seven culprits were brought to Kadamtala Police Station and case was filed against them. It is learnt that DySP North Andaman is investigating the case and SP South Andaman Chinmoy Biswal has also left to Kadamtala.

Sources informed that under which sections they will be booked is yet to be decided, but told that they have violated PAT Regulations. Sources also informed that the case of kidnapping and sexual exploitation can only be ascertained after proper enquiry.

Breaking News: Eight Jarawa Girls Kidnapped and Taken to Hiren Tikrey

Breaking News:

Eight Jarawa Girls Kidnapped and Taken to Hiren Tikrey

FIR against Seven Persons Registered at PS, Kadamtala

In a shocking incident, in two Dinghies, 8 Jarawa girls were kidnapped from Jao Khana, Tirur and taken to Hiren Tikrey by seven persons belonging to Tirur area. After prolonged search in Hiren Tikrey, the Jarawa girls alongwith the seven culprits were located.

A case has been registered against the seven including one Sujoy and all of them have been placed under arrest in Kadamtala Police Station. However, it is not clear what charges have been pressed against them. Further details are awaited.

It is learnt from highly placed sources that the Jarawa girls were taken a couple of days ago, and based on reliable information, a search team located the culprits along with the Jarawa girls from Hiren Tikrey.

It is also learnt that some Jarawa youth thrashed the culprits.

Earlier too, many complaints of sexual exploitation of Jarawas by a group of settlers including Sujoy belonging to Tirur area were reported. 

News Analysis: When Seeking a Solution

News Analysis:

When Seeking a Solution

By Zubair Ahmed

On the issue of employment to the Islanders, the initial response of the Administration was kind of frustration and displeasure, as nothing had been happening on this front for a long time. The Lieutenant Governor came out lashing on his predecessors as well as the Member of Parliament, and the PRIs and even expressed his anguish in a tweet saying that since 2007, when the arrangement was stopped, there was no action from anywhere. He felt that he took a pro-active step to unearth the buried posts and provide employment opportunities. There is no denial on the part that he felt it necessary that the acute despair and despondency amongst the Islanders can be only addressed by providing the educated youth employment opportunities.

The Lieutenant Governor's letter to the Home Minister on the issue of preferential treatment to Islanders in employment is based more on the angst erupting in the society and seeking a remedy from Ministry of Home Affairs.

However, it becomes pertinent to look beyond the emotional outburst and have  a pragmatic approach to the issue. When he was seen expressing at various forums that 'a viable solution needs to be explored safeguarding the interests of the Islanders within legal and administrative framework', the communication sent to the Ministry fails to address the issue through proper justifications.

Apart from the reasons like the remoteness of the geographically scattered territory, forest cover, poor connectivity, stringent forest laws and lack of educational institutions for higher education, the reasons why the Ministry of Law and Justice and Ministry of Home Affairs earlier rejected the proposal and the changed scenario should have been communicated.

Instead of putting the onus on the Ministry of Home Affairs to find a solution, some homework would have gone a long way suggesting a way out from the precarious situation. The Daman and Diu arrangement has its own lacunae, which can again attract litigation.

Soon after the Supreme Court order in 1991, the arrangement of local candidates continued till 2005, when finally the local certificate was declared invalid for employment. There had been an attempt to promulgate the “Public Employment (Requirement as to Residence) Regulation” by the President of India under Article 240 of constitution and a draft regulation was even sent to the Ministry of Home Affairs vide letter No.18-134/83-Legal dated 25.9.1988.

This was followed by several letters by Lt. Governor Ishwari Prasad Gupta dated 16.6.2000 and Lt Governor N. N. Jha dated 19.12.2001 and 11.9.2002.

Soon before the Ministry of Home Affairs in consultation with the Ministry of Law and Justice communicated on 22 February 2007, that the promulgation of proposed "The Andaman & Nicobar Islands Public Employment Regulation", is neither justified administratively nor sustainable from constitutional or legal angles, it had sent more than five reminders on 7 Feb 2006, 11 August 2006, October 2006, November 2006 and on 22 January 2007 asking the ANI Administration for detailed comments with justification for such a Regulation for which there was no response.

In addition, the Ministry of Home Affairs in February 2006 had sought the break-up figures of employment from 2001 to 2005 to which the ANI Admn submitted that out of 1318 appointments, only seven non-Islander candidates had applied, out of which two were employed. As the Admn was following the OM of 1984 issued by MHA, where only local candidates could apply, it had helped in preventing the non-Islanders from applying. The Ministry felt that the number of persons applying from outside is negligible based on the figures submitted and the proposal was rejected.

Since 2005, the situation has drastically changed. The mode of communication has improved and most of the posts are advertised online. Unfortunately, the letter sent by the Lieutenant Governor does not mention figures about the status of non-Islanders applying for jobs since 2006. It is learnt from reliable sources that about 161 non-Islanders have already applied for the 422 posts advertised for teachers recruitment, which is more than 40%. The facts and figures, which is not in the public domain, could have given enough teeth to the letter justifying the demand for preferential treatment for the Islanders.

The Administration though, has precisely sensed the mood of the Islanders, which reflects in the letter, a sincere exercise with proper justifications based on facts and figures could have been appreciable.

It is also significant that the Administration could have invited suggestions from the civil society and looked outside too for viable solutions.  Instead of viewing representations from the civil society and organisations as letters of demand or dissent, it could have paved way for a democratic approach.

LG Writes to Home Minister on Domicile Issue

LG Writes to Home Minister on Domicile Issue

Proposes Preferential Treatment to Local People in Recruitment

Seeks Guidance on Modalities from Ministry of Home Affairs

By Zubair Ahmed

Since the notification of 422 posts in Education Dept by Andaman and Nicobar Administration, there has been huge outpouring of people's anguish over candidates from mainland applying for the posts. Irrespective of political parties, local associations, unemployed youth fronts and the member of parliament, everyone has taken up the issue and is engaged in organising demonstrations, making representations and venting their anger through different channels.

In response, the Lieutenant Governor has been making statements in various forums that the ANI Administration is seriously concerned about the predicament and will leave no stone unturned to address this issue and take up the matter with the Ministry of Home Affairs and work out a viable solution which can stand legal and administrative scrutiny.

In a communication, DO No. 45-323(1)/2012-PW dated 14-12-2013, addressed to the Home Minister, the Lieutenant Governor has apprised MHA about the need for protecting the interests of the Islanders in employment.

Citing the existing arrangement, the UT of Daman and Diu has, the ANI Administration too has proposed to give preference/weightage to local people in direct recruitment in respect of Group 'C' and 'B' (non-gazetted posts) in terms of a letter of MHA dated October 14, 2013 issued to the UT of Daman and Diu. The Admn has also sought guidance of MHA on the modalities for giving such weightage/preference to local people, within the rules.

In the letter, the Administrator writes about "the deepest concern about the lack of job opportunities for the educated youth of Andaman and Nicobar Islands and the resultant sense of acute despair and despondency amongst them."

Enlightening the Home Minister about the remoteness of the Island territory, he writes that "the Andaman and Nicobar Group of Islands are located in the Bay of Bengal nearly 1200 kms from Chennai and Kolkata. The people of these Islands reside in 37 islands extending over an area of more than 700 kms. The geographical location of the Islands makes it very difficult for young educated people to pursue job opportunities in the public and private sectors on the mainland. Moreover, a major part of these Islands - approximately 94% - is covered under forest (reserved as well as deemed) and there is very little manufacturing, entrepreneurial or service sector industry here. Our physical remoteness and the strategic importance of these Islands has further compounded the problems we are facing following the closure of the timber industry, the introduction of stringent provisions under environment and forest laws, the absence of a University or Medical College and also very poor connectivity in all areas, be it air, shipping or internet."

He further adds, "We, therefore, find ourselves in a position where the employment opportunities have shrunk enormously over the past few years. This has created an extremely adverse psychological condition amongst the people here."

"The situation has reached a stage where there is a huge outpouring of the people's anguish at all levels and in all forums, be it the media, through rallies, agitations/dharnas and other means. We are extremely conscious of the fact that this anguish should not be allowed to change to anger."

About the prevailing unemployment status, he writes, "As on date, we have 41003 registered unemployed youth in these Islands which inter alia includes Graduates, Post Graduates and technically qualified persons. Such numbers, though not very high from a national point of view, actually constitute a significant proportion (aged 18-60) of these Islands which is approximately 2,35,610."

Suggesting a way out of the precarious situation, the Administrator wrote, "Under these circumstances, one of the ways to improve job opportunities for the Islanders is to allow preferential treatment to them in matters of employment to Group 'C' and Group 'B' posts in the Andaman and Nicobar Administration. Actually, such a preferential treatment was available to them earlier until the situation was reversed by a Supreme Court judgment in 1992 which maintained that requirement of being a local candidate for appointment to the Government posts in Andaman and Nicobar Administration is violative of the constitutional provisions and only a law made by the Parliament can provide for such a restriction or requirement."

He also suggests that preference should be given in Group 'C' posts and Group 'B' posts in Andaman and Nicobar Administration to the youth of these Islands.

Referring to the existing arrangement in the UT of Daman and Diu and Dadra and Nagar Haveli, he further suggests, "It would not be out of context to mention that such a preferential treatment to the local candidates has been allowed in the case of Administration of Union Territory of Daman and Diu and Dadra and Nagar Haveli and since the circumstances here are more difficult, a special dispensation in the case of Andaman and Nicobar Administration is absolutely essential.

The Administration has also attached a copy of letter No. U-14014/38/2012-CPD dated October 14, 2013 from the Deputy Secretary (ANL), Ministry of Home Affairs to the Administrator, UT Administration of Daman and Diu and Dadra and Nagar Haveli in this regard.

Aslam Khan IPS Transfer Imbroglio: Sentimental, Not Sensitive

Aslam Khan IPS Transfer Imbroglio:

Sentimental, Not Sensitive

By Denis Giles

This is no loose talk, neither a negative remark ... It is the truth which cannot be suppressed. And, there is nothing sensitive about it. The issue of transfer of an active and honest officer like Mrs. Aslam Khan IPS, Superintendent of Police, Anti-Corruption Unit was initially brought to the notice of the Administrator by Andaman Chronicle through twitter on 11th Dec 2013.  Instead of taking the cue, the Administrator lambasted the paper using phrases like ‘loose talk’, and warned not to comment on such sensitive issues on social media.

In fact, the technological advances and convergences happening in the world of media, has redefined the presentation of news and views. Social media, today plays a major role in breaking stories.

Furthermore, in the absence of an active opposition in the Islands; circumstances compel the media to highlight such issues. The reply by the Administrator on the twitter was in bad taste, which forced AC to bring out the facts before the readers. Instead of going public with the issue, it thought it prudent to meet the Administrator and appraise him about the issue. But, the meeting once again reiterated the fact that the Administration was in no mood to listen to the sentiments of the Islanders.

Chronicle had no option, but to bring out a full-fledged report on the issue highlighting its various facets.

The issue, which could have been resolved in a 20 minute rendezvous with the Administrator fizzled out only because of the ‘negative’ attitude of the Administration towards media and the present Administrator falling prey to misconceptions created by his officers.

Media being the fourth estate is a pillar without which democracy cannot prevail. It has a significant role to play when it comes to development of the society at large, as the views expressed are nothing but the voice of the common man; which gets suppressed or are sidelined, intentionally. 

The issue is not of Mrs. Aslam Khan as a person. The issue is the sentiments of the Islanders, which are being fiddled with. Had it been any other competent and honest officer in place of Mrs. Khan, AC would have taken the same stand.

The report carried in Andaman Chronicle on 16th Dec. 2013 has raised many eyebrows. While few took it as an attempt to degrade, there were many who could not grasp the catch. 

It is high time the Administration seriously engage the media in the process of policies and decisions, if at all it really means for the Islanders. Although, the media woke up to the situation and highlighted the mistake, there were no takers.

The issue is a huge blow to the Islanders who had sighed relief after the frustrating six and a half year tenure of the former Lt. Governor Bhopinder Singh, when corruption was at its best and the Anti-Corruption Unit in deep slumber. There was a sigh of relief for the Islanders, when Lt. Gen. (Retd) AK Singh took over as the new Lt. Governor of Andaman & Nicobar Islands.

A promising, energetic, focussed, people friendly, open hearted and by following what he preached, Lt. Governor AK Singh became the messiah of the Islanders. He is the most happening person in the Islands who promises to rewrite the history of the islands. In fact his promises seem better than what was published in a multi colour glossy book of achievement, a special supplementary issue on the then Lt. Governor Vakkom Purushottaman titled ‘Golden Era of Andaman & Nicobar Islands’, published by the first private daily of the islands, ‘Andaman Herald’ in 1995.

AK Singh announced that his prime focus would be on Health, Education, Connectivity and zero tolerance for corruption. The announcement came as soothing relief for the islanders who never expected the pace at which their new LG could grasp their pulse. Orders were issued, directions given and time frame set, and the best part was the LG himself interacting with the islanders through social media. His major achievement in a short span came with his initiative for ‘Mock Disaster Management Exercise’, which was proved during the recent Cyclone ‘Lehar’. 

Even the Anti Corruption Unit in deep slumber suddenly woke up, realizing they were sailing in a different boat altogether. Connecting with the ideology of the Lt. Governor AK Singh, the Superintendent of Police ACU, Mrs. Aslam Khan IPS came heavy on the corrupt. She sent shivers down the spine of corrupt and disseminated the clear message of Lt. Governor. To add, for the first time, the CID under her leadership cracked the impossible, interstate crime ‘ATM Fraud’, the victims being from across the country including the islanders. It was something which was never imagined and even the police in the mainland India wondered.

When thing were gaining momentum, with halted projects being reviewed and revived by the Lt. Governor; it came as a major blow for the hope with the announcement of transfer of Mrs. Aslam Khan from ACU. It shocked the Islanders, especially the youth and sent negative vibes. Blushing faces turned pale, hopes for a bright future dimmed and the question ‘why?’ loomed large.

Aslam Khan IPS Transfer Imbroglio: How Did They Goof Up?

Aslam Khan IPS Transfer Imbroglio:

How Did They Goof Up?

The only sensible thing that the Administration should do at this juncture is to come out with the non-existent allegations against the Officer or render an apology for the goof-ups and re-instate her back as the SP, Anti-Corruption Unit.

By Zubair Ahmed

The Administration, it appears to be in no mood to accept the fact that they goofed up in this issue big time. To make things worse and murkier, the goof up continues. It would be sensible and advisable that instead of finding a motive behind the articles, they should be undoing the wrong committed to the officer, and put an end to the 'loose talk' emanating from high places.

Undoubtedly, the recent transfer of Mrs Aslam Khan SP, Anti-Corruption Unit as Principal of Police Training School was a miscalculated step by the Administration, which appears to have backfired. It was projected as a routine Administrative step. However, when the news of her transfer and the tads of allegations leveled against her appeared in the social media, the Lieutenant Governor tried to play it down saying that it was sensitive issue and the media should not indulge in 'loose talk' and comment without verifying full facts. Unfortunately, there are no facts either.

The first goof-up was the transfer of an honest officer, with a motive to keep her away and protect a few corrupt elements. When media tried to bring it to the notice of the Administrator, he tried to set in the media in harsh words, and then started a series of lies.

When the Administrator was contacted, he reiterated that there are many allegations against her, which cannot be revealed or shared. A sense of mild guilt too was pervading, or why he had to stress and say that the officer was commended for her good work. An officer, against whom, many allegations are pending does not deserve any commendation. This was the first instance of cover-up. However, the media did not buy that and went ahead and published the story revealing all the facets.

For the next 48 hours, there has been a deafening lull from the side of Administration. However, its not all silent. Vibes from the Police Headquarters confirm that there are no allegations as of now against the said officer. But, a senior police officer is learnt to have been engaged in a series of Goebbelsian propaganda against the officer as well as the media.

Rather than addressing the issue, or coming out with a clarification, they found it convenient to float rumours of gargantuan proportions. As widely quoted, when all arguments fail, religion is the only argument left. Playing favourite mind games, the senior police officer is learnt to bring a communal angle to the issue. They seriously believe that the communal angle might divert the attention from the issue.

Moreover, another rhetoric that is gradually cropping up is that some vested interests are instigating the media, which is another allegation, which they won't be able to substantiate ever.

Initially it was unfound allegations against Mrs Aslam Khan, and now one upon another they are trying to build as many lies as possible. Only regret is that they will utterly fail in establishing any one of them.

Some elements close to the Chief Secretary Anand Prakash did send feelers that the Chief Secretary is interested to meet, but it would be prudent on the side of media to communicate through the paper instead of a personal meeting. The only sensible thing that the Administration should do at this juncture is to come out with the non-existent allegations against the Officer or render an apology for the goof-ups and re-instate her back as the SP, Anti-Corruption Unit.

Its high time, the Administration refrains from venturing into rumuor mongering and initiate an enquiry. Or all the bluff they are interested in propagating might not help them in diverting the media or the Islanders from the core issue.

King and His Lieutenant

King and His Lieutenant

By Zubair Ahmed

Core values like Imandari, Wafadari and Izzat should be the guiding forces, reiterated our Lieutenant Governor in two very important gatherings last week.

Its almost six months, the new Administrator, A K Singh took charge of the Island territory. A refreshing change for the Islands after prolonged six and half years, the territory gets a new Administrator with clear vision and intentions.

He is trying his best to be a contrast to his predecessor and has been successful to an extent. AK Singh wants to stand against everything, in word and deed, that Bhopinder Singh was. He tried to connect with people and employed all tactics for that. His whirlwind tours were well attended and appreciated. Indeed, he changed the way people look towards an Administrator.

However, he is yet to understand the mechanics of civil administration, where mutual trust and faith are two important factors rather than regimentation and commands.

In Defence forces, everything is sensitive and discreet. However, in a civil governance setup, transparency and openness are paramount. No decision is sensitive to be kept a secret as far as public office is concerned.

After six months, although he has good grasp of the Islands, its challenges and opportunities, it seems he miserably failed in gauging the dynamics of civil administration. He should have approached the Administration without a myopic vision. But, his vision was blurred by his immediate advisor, the Chief Secretary. Today, he looks the Administration through CS’s eyes, who engineers and manipulates his views according to his whims and fancies. There are officials in the good book as well as bad book of the LG and unfortunately, the books are photocopies of the Chief Secretary. He failed to have an impartial and neutral assessment of the officers. The Islands that the Chief Secretary has created within the Administration remains disconnected without a bridge.

The lieutenant in question here enjoys blind trust of the Administrator. On the one hand, the Administrator harps on zero-tolerance against corruption, but his lieutenant openly supports and protects corrupt elements. The Administrator wants encroachment to be eliminated, whereas his lieutenant gives instructions to the DC to go slow on it. The Administrator talks positive and development, whereas his lieutenant thinks only negative and anti-development.

Either the Chief Secretary's memory power is very high, or he don't give a damn to all the announcements the Administrator makes at the functions. The announcements and decisions made by the Administrator at different functions are never followed up.

The Lieutenant Governor who like to mingle with common man on the ground, and have cup of tea on the streets and mutton delicacies on far away beaches with local tourists, also needs to meet people in Chief Secretary’s absence, to get proper feedback, in an unrehearsed atmosphere. He will get to know the true meaning of the core values – Imaandari, Wafaadari and Izzat!

Chief Secretary and His Myopic World

Chief Secretary and His Myopic World

Anand Prakash, IAS Chief Secretary of the Islands is a personified package of sarcasm, negativity, inaction, loose talk and flippant attitude, enjoying his clout with the Administrator. High time that the Administrator realizes that his Lieutenant's misdemeanors have serious repercussions on everything he envisions.

By Zubair Ahmed

"Angrezi mein bhi koi jhoot bolta hai kya?" is a dialogue from a Vishal Bharadwaj movie. This line aptly fits for our Chief Secretary Anand Prakash. The coterie around him chants same sort of lines - "CS bhi kabhi loose talk kar sakta hai kya?"

Don't be deceived by his age or position. He is a man known in all circles as one person, albeit second in command, who indulges in all types of loose talk and character assassination. Ask any responsible officer in the Administration, who has not faced the axe. Sarcasm and negativity are his two traits. In a recent meeting of Andaman and Nicobar Innovation Council, he started with the remark "What Innovation?" and that sets the agenda. Perhaps he needs a basic reorientation from Sam Pitroda, who heads the National Council.

This article was long overdue, but the compulsion of time and space required by the new Administrator to assess his family and take appropriate corrective measures had prolonged the wait for six months. This article can be conjured as a negative piece in LG's parlance. But this is a positive feedback, which is literally behind schedule. The language and tone of the article may be repulsive, but the transgressions of the Chief Secretary cannot be put in any dignified way.

The context being the recent bungle in the transfer of Mrs Aslam Khan, SP Anti-Corruption Unit, which cannot be misconstrued as a routine administrative step. The Chief Secretary played a very ruthless role in the episode. Moreover, to cover up his fault, he indulged in a vilification campaign against the woman officer. (See Story: Aslam Khan IPS: Victim of Honesty)

The chemistry between the Lieutenant Governor and the Chief Secretary is a matter of public discussion. Literally, the Chief Secretary is piggy-riding the Lieutenant Governor. In fact, all the photos of the Administrator riding the bike, and CS as a pillion rider sum up the approach and attitude. The role reversal is not anymore a secret.

The Chief Secretary who shirks from taking decisions, and had stalled projects citing one after another reason, was happy that the new Lieutenant Governor would do the decision making process, keeping him safe. In fact LG took the role of the CS and started visiting various ministries pursuing the issues. All the work of Chief Secretary is being done by the LG and CS is just enjoying the show.

In fact, what the Chief Secretary found in the Lieutenant Governor is a shoulder he can bank upon without any risk or accountability. Why all the major project, the Administrator is now pursuing with various ministries were delayed at the first place is not a mystery.

This Chief Secretary, who is negativity and anti-development personified, was instrumental in all those projects being delayed or shelved off. More than his negativity, shrouded in administrative procedures, his pessimism reflects in every decision he takes.

His cynical approach was the one reason why the Submarine Fibre Optic Project got delayed. It’s almost a scam. After opening financial bids, he calls Airtel, the ineligible party to negotiate. In a way, it’s a readymade case fit for CVC. Although the bid was opened in February 2013, work was not awarded, whereas the normal implementation period was 18 months and would have been commissioned by January 2015. The project which costs near about a thousand crores had put him in a dilemma, and the safest way out was blame his immediate subordinates about procedural lapses and over-stepping and delay it, and he did it in a bureaucratic finesse. The whole process is being repeated now without any remorse.

A High Powered Committee on Shipping was formed, which could have expedited the process of acquisition and wet lease of ships of various categories. When the Home Secretary had made it very clear that ANI Admn could itself acquire small ships, he as usual shirked responsibility, and wanted Shipping Corporation of India (SCI) on board, which delayed the project to his satisfaction. He handed over to SCI the job of 155-800 pax ships, which was fine, however, 27 small tugboats and small ships were to be purchased by ANI Admn. It was a windfall for SCI, when the whole procurement was handed over to them, as the money involved was huge. He also blocked payment of new ships being made by Bharti Shipyard, and the work was halted due to non-payment since February 2013. They were scheduled to give two 1500-pax ship in December 2014 and March 2015.

The Andaman and Nicobar Solar Power Policy was announced in April 2012. Chief Secretary Anand Prakash joined in May 2012. And he wishfully killed the project by October 2012. Same policy was announced by Govt of India in January 2013 for all India and in fact Delhi Govt has already started implementing it. The roof-top solar project, which was much needed to reduce the dependence on fossil fuel for power generation was cancelled at the last minute just before the tender was to be opened. He blamed his Principal Secretary of procedural lapses and got the project shelved.

The long pending issue between IPP Suryachakra Power Corporation Ltd and Andaman Administration was aggravated by the Chief Secretary, who off the record even blamed that JERC is corrupt, and hence a decision against the Administration. He was reluctant to release the long pending due of completion cost to SPCL, and JERC had ordered the payment immediately. The Chief Secretary took the order casually, and was finally fined Rs 1 Lakh or three months in prison.

The wet lease of 18-seater twin engine seaplane for long-haul inter-Island connectivity were also on the verge of finalisation, which he deferred citing umpteen excuses. The Islands could have two brand new aircrafts, the first one by April and the second September 2013. He chaired pre-bid meeting in November 2012 and unilaterally imposed change of supply schedule conditions from 8 months to 5 months. The suppliers backed out citing that no new twin engine carrier is available till February 2013. What was available was the refurbished ones. It is certainly felt that it was a deliberate attempt to ensure extensions to Mehair, which runs the existing seaplane. The bids were made thrice and all kept failing due to the wish-washy attitude. It’s a fact that the ANI Admn pays Rs one crore monthly to Mehair, in which only Rs 37 lakhs is the outgo. What happens to the balance money is anybody’s guess.

Many more projects which could have changed the face of the Islands also met same fate.

Chief Secretary Anand Prakash is a master of inaction, but found very active in loose talk. There is not a single officer including women on whom he has not traded his tirades. He spreads rumors about the fidelity of officers. He doesn't even care barging into their privacy and spread rumours about secretaries and directors. It’s a fact any person sitting in CS’s chamber can corroborate that if any female leaves his office, whether visitor or officer, he passes lewd comments the moment she steps out, even if other people are sitting in office. In meetings, all his remarks are sarcastic, which demoralizes the workforce.

Divide and rule is the policy he has honed and applied perfectly, and which he follows religiously. He has been quite successful in creating wide divides inside Secretariat. There has been no time, when the Officers were not divided into camps. The Secretariat has many Islands inside an Island. Since his posting, he has been meticulously working on creating a divide. There are officers, in his good book and there are others, who are thrown out at will.

Without a bete noire, his existence seems meaningless. As soon as Jalaj Shrivastav, Principal Secretary left the Islands, he turned his tirade against Ms Rina Ray, Principal Secretary. All those who were close to Jalaj Shrivastav was dumped and thrown into inconsequential posts. The divisions are quite obvious. He also pits junior officers against their seniors. The tactic Chief Secretary employs to reign in his Secretaries is by pitting Directors against them. It happened with SE Electricity, Chief Engineer APWD, Director, Education during last year. In a recent development, following the dictum of the Lieutenant Governor, Commissioner cum Secretary, Revenue asked the Deputy Commissioner to initiate eviction of encroachment. Soon, the DC was called by the CS and asked to go slow on this issue. And the Chief Secretary enjoys the heartburn between the Secretary and DC.

Unfortunately, the clout the Chief Secretary enjoys with the new Administrator is blurring LG’s vision towards many issues, which will take time for him to grasp. It was CS’s luck that he got an Administrator, who is pro-active and takes initiatives. Otherwise, he was such a character, who was just whiling away his time in the Islands. Albeit, he cannot guide, he enjoys the clout to misguide the Administrator, which will have serious repercussions.

Aslam Khan IPS: Victim of Honesty

Aslam Khan IPS:  

Victim of Honesty

By Zubair Ahmed

In the past six years, the Anti-Corruption Unit (ACU) was misused and abused to mint money and settle scores by a set of officials, and its a fact every Islander acknowledges. However, the picture changed with the Lieutenant Governor setting a goal of zero-tolerance towards corrupt practises. The change in guard in the ACU and structural changes were monumental in setting a new standard in dealing with corruption.

Mrs Aslam Khan, SP, ACU in a short span proved her mettle by trapping many corrupt government servants. Series of successful operations had started to create a sense of fear, when she was moved out and made Principal, Police Training School.

From the outset, the transfer of SP Aslam Khan might look like any other administrative decision, but it is a failure of collective morality of the Administration.

She has become the victim of calumny and many unsubstantiated charges are being floated by a section, and unfortunately, the rumours emanating from the Chief Secretary's chamber is what is now discussed on the streets.

In fact, she was shunted out of the department, as she had ruffled many feathers, and the interests of many had been compromised.

It all started with the arrest of four officials of Port Blair Municipal Council by the Anti Corruption Department, of A&N Police based on a complaint of corruption received. The arrest was made on 9th Oct. 2013 at evening hours under section 13(1)d/13(2) of Prevention of Corruption Act 1988 read with Sec. 420/120B of IPC. All of them were later released on bail.

Prior to the arrest, when the Anti-corruption Unit moved the file, what conspired between the Secretary, Vigilance, Municipal Secretary and the Chief Secretary is a mystery. However, when SP Aslam Khan met the Chief Secretary, there was clear instruction not to proceed in the case. She was asked to drop the charges. According to reliable sources present in the CS's chamber, when she demanded a written note from the CS, he turned wild and instructed Public Prosecutor, S K Mondal not to contest the bail. The Public Prosecutor did not appear, and sent his Assistant. All four of them were released on bail.

What were the circumstances, where a Chief Secretary had to intervene to block the arrest of junior level employees of PBMC, indulged in corrupt practices? Does the buck stop at the four foot soldiers or it has ramifications beyond that ? Is the Municipal Secretary also being protected?

The Chief Secretary enjoys the clout of both the Politicians as well as the Administrator, and in this specific case, it is learnt that he obliged his political friends and did not deter from putting immense pressure on Aslam Khan to submit, which he didn't budge. However, Court granted the accused bail, as CS had the last say.

The Chief Secretary is the Chief Vigilance Officer (CVO), with 40 departments under him. In many cases, trying to protect his own officers, he sits on the files. In another instant, a case on an Assistant Engineer in APWD in Rangat, is still pending. The AE, a native of Rangat also runs proxy business units and indulges in various corrupt practices, which were substantiated by Anti-Corruption Unit. Because of the proximity of the AE to the Chief Engineer (APWD), who in turn, as of now is in the good books of the CS, there is no movement in the case.

Above all, the Chief Secretary has started a slander campaign against Mrs Aslam Khan, SP. Wild allegations that she has indulged in corrupt practices are all over the place. The latest rumour is that she was hand in glove with a non-governmental organization, working against corruption, and has indulged in corrupt practices. And it is being spread through various channels, which are yet to be substantiated. When asked for a list of allegations, the authorities said that it cannot be shared with anybody.

The way the whole issue was dealt smelt of corruption and favouritism in higher places, and the fallout was the transfer of a competent officer, who was performing well. The justification that the replacement officer, Shibesh Singh, IPS is highly qualified and competent is not the answer to the question why an honest and competent officer like Mrs Aslam Khan IPS is being replaced.

Andaman Marathon, Cyclone Lehar and Teachers Recruitment

Andaman Marathon, Cyclone Lehar and Teachers Recruitment

Why our predicament is same in all three cases - Marathon, Cyclone and Teachers recruitment! 

By Zubair Ahmed

Despite heavy downpour, the turnout for the Andaman Marathon was commendable, and the Organizers deserve appreciation for that. As announced earlier with pride, as many as six athletes from Kenya and Ethiopia participated in it and in true sportsman spirit beat the Island marathoners in the main event. And, we all clapped and clapped, till they felt that they deserved the applause.

After the devastating 2004 Tsunami, a well-prepared Andaman and Nicobar Islands braced the fury of Cyclone Lehar, which crossed the Islands leaving behind a trail of devastation. With no casualty, the Disaster Management proved its ability to secure human lives by evacuating people from vulnerable areas. Kudos to ANI Admn and the "never giving up" spirit of the Islanders!

A wave of dissent is simmering throughout the Islands, with rallies, meetings, representations being submitted to the Administration concerned with mainlanders nabbing majority of jobs in the Islands, especially the 420-plus vacancies notified for teachers.

In the half marathon, in General Category female, the Kenyans, Ms. Gladys J. Tarus,  Ms. Everline N. Ancha and Ms. Chenaneat Lorva came First, Second and Third respectively. In the Reserved Category for Islanders female,  Ms. Birshi Bhay was 'declared' winner. In the half marathon male, Mr. Daniel Yegum (Kenya), Mr. Antony Moungh (Kenya) and Mr. Gebre Gizachew (Ethiopia) came first, second and third respectively. In the Reserved Category for Islanders male,  Mr. Kapil was 'declared' winner.

All the winners truly deserve "applause". There was another category of 10 kms, which was 100% reserved for Islanders. And, once again applause for all those who won their races.

A few decades back, most of the weather forecasts were taken with a pinch of salt. "Chances of rain and sunshine" was a cliché used for weather forecasts. Things have changed. Now, they are able to scientifically predict the speed, intensity, direction and probable time of a cyclone with accuracy to an extent. But, nobody can reduce the speed or intensity, change the direction or postpone a cyclone as per their wish.  Cyclone Lehar came, created havoc and left to "mainland". Applause for the disaster-preparedness!

Contrary to the firm belief, around 1126 applications from mainland has landed at DEO, South Andaman for the 420+ vacancies for teachers. Nothing like speculation! Even if after scrutiny, 50% applications are rejected, there are about 500 applications from mainland with CTET pass. After verification of original testimonials, merit list on the basis of self-marking will be prepared and the results announced.

Now you might be wondering what is the connection between Andaman Marathon, Cyclone Lehar and Teachers Recruitment.

In Andaman Marathon, all six winners came from outside and took away all the prizes except those 'reserved' for the Islanders. Cyclone Lehar came from outside and created havoc and left. Our share of destruction was however less, as 90% of the fury was "reserved' for mainland. As expected by the 'rumour-mongers' and unforeseen by the Administrator, more than a 1000 applications from the mainland has already reached the shores of Andaman and Nicobar Islands. Now, it has to be seen how much mayhem it will generate.

Fortunately, we have an Administrator, who likes to talk his heart unlike his predecessors. Irrespective of the occasion, he touches every issue and try to convert it into a public spectacle winning huge appreciation and applause.

After the marathon, with his soul-stirring and passionate speech, the Administrator won the hearts and souls of the gathering. They clapped non-stop. He too truly deserved the applause! In fact, the Administrator clinched the opportunity to address those gathered after the culmination of the marathon to clarify or rather express his mind about the confusion or the uproar about Teachers Recruitment. He also utilized the Coop Week function to throw light on the issue.

Referring to rumours that mainland candidates will take away majority of the jobs of teachers, being recruited by the Education Department, the Lt. Governor urged the teachers and students to have confidence in him and reassured them that their interests would be protected and a 'viable' solution arrived at which will stand legal and administrative scrutiny.  He also appealed to the youth not to be misguided by rumours. He said the whole procedure would be fair and transparent.

Now, who are the rumour-mongers? Many delegations have met the Administrator and submitted representations demanding reservation of jobs for the Islanders. Bishnu Pada Ray convened a press meet. Vishal Jolly personally met him. Kuldeep Rai Sharma led a rally and addressed a gathering of candidates and met the Administrator and submitted a representation. Now, who among the three are spreading rumours? All of them are conscious of the fact that there are legal and administrative issues, as a policy is not yet framed. What all of them are demanding individually or collectively is the same - To get an executive order from the Centre for reservation of jobs for the Islanders like it exists in different UTs viz. Daman and Diu, Pondicherry, Delhi etc. What is perplexing is the fact that Kuldeep Rai Sharma's rally and public meeting was an eye-opener and a positive step, whereas all others are rumour-mongers. Its the same old beaten path Bhopinder Singh had followed. What Island Protection Forum is demanding and other political and social organisations are asking for are the same. And its a fact that 1126 applications from mainland have already landed in Andamans.

The Islanders have been smitten not once, but twice - Tsunami farmers issue and Buffer Zone. Hence they are thrice shy now rather than lucky! They are anxious and apprehensive.

The Administrator has already assured that he will not leave any stone unturned in protecting the interests of the Islanders, but with a caveat, as its not in his hands. He will approach Prime Minister and other leaders in the Centre.

What the Islanders are genuinely worried is the precarious situation where after a long wait outside the operation theatre, door opens and the doctor comes out, pulls his gloves off and says, "Sorry, I couldn't save him."

Jarawas in Tirur: Irreversible Cultural Damage!

Jarawas in Tirur:

Irreversible Cultural Damage!

By Zubair Ahmed

One after the other, news about illicit barter between settlers and Jarawa tribe and exploitation are pouring in from Tirur since change of guard in AAJVS. In a fresh incident reported from Tirur, one Ashush Samaddar was arrested by Police on a tip off about a group of Jarawas being sheltered by him and for serving liquor in exchange of 20 kg of venison.  The Jarawa youth Kunu along with two members were found at the poacher's residence.

Of late, many incidents of transgressions are reported from Tirur. It has also come to light that four poachers, in connivance with a few staff in AAJVS headquarters are engaged in such activities. Three of them who are suppliers of implements to AAJVS also engage in illicit barter with the Jarawas. A couple of months back, one such person Saurab Biswas who was detected with a group of Jarawas was chased and apprehended by Coast Guard. However, he was let off after it was confirmed by AAJVS headquarters that he was an authorized supplier to AAJVS and also engaged in transporting Jarawas in his Dinghy officially. Later, his tender was cancelled. But, he managed to get fresh tender to one of his kin, Narayan Biswas.

The illegal liaison by such unscrupulous staff of AAJVS and police personnel posted in Tirur is a matter of serious concern as it fails all efforts to curb the menace of illegal poaching inside the Reserve and the unwarranted exposure.

Moreover, the cultural damage among Jarawas caused due to the prolonged excesses of six to seven years seems to be irreversible. The recent incident of a scuffle between two Jarawas under the influence of liquor did not attract the attention of the policymakers. The episode was given a different colour and concealed. For a decade, Tirur Jarawas remained under abrupt neglect and exploitation, with police personnel as well as the Tribal Welfare Officer posted in Tirur having a free reign.

It is also learnt that a few settlers were also indulging in sexual exploitation of the Jarawas. Some of them have erected small sheds behind their houses, where liquor is served and obscene films shown to Jarawas and lured to indulge in sexual acts. Though, such incidents were very much in the knowledge of police as well as the officer posted in Tirur, they turned blind towards it.

After the change of Tribal Welfare Officer posted in Tirur, and increased watch, Jarawas, who were addicted to alcohol are now desperate for their daily quota.

Without a total overhaul of the Jarawa police outpost at Tirur and an ironhanded approach in dealing with the poachers, the situation will only get worse. However, in most cases, the culprits seemed to be let off after minor or petty charges filed against them, making a mockery of the provisions of ANPATR.