THE GOA FOUNDATION OBJECTS AS CENTRE TAKES TWO STEPS BACKWARD IN POLICY ON PUBLICLY OWNED MINERALS

Prakash Kamat

Panaji,February 27- In a series of consultations, the Ministry of Mines,Government of India has proposed a complete change in the way inherited mineral wealth would be managed, ignoring the National Mineral Policy 2019, and in violation of the rights of future generations, the right to equality and the constitutional structure of federalism,says Goa Foundation on Saturday.

The Gos-based green NGO lamented in a biting criticism,"The Government of India is now for reasons best known to it, willing to sell off the family silver at a massive discount."

Under the Constitution, sub-soil minerals are a shared inheritance, owned by State governments as trustees for the people and especially future generations. Mining is the sale and disposal of this inheritance, and the constitutional goal is zero loss in value during the financial transaction – any loss would violate the right to equality, said Dr. Claude Alvares, Director, Goa Foundation.

The proposed changes to the MMDR Act would essentially enable the Center to force States to sell their family silver at a below-market price that the Center sets. The proposed prices are vastly lower than the market price of the minerals – the royalty + auction premia on auctioned merchant leases.

This amounts to a grant of largesse to the beneficiaries, while cheating the state and future generations of their wealth. It also favors some miners over others. 

"This is unconstitutional and an invitation to prolonged litigation. It’s also taking two steps backwards, after the law was changed to allow only auctions of mineral wealth," said Mr.Bose articulating the response of Goa Foundation. The NGO has been fighting legal battles for several years to protect the inter-generational equity in the mining sector if the State.

Further, the National Mineral Policy 2019 provides for a number of safeguards, including an inter-ministerial body including representatives of State governments to decide on aspects like whether we should sell our family silver, when we should sell it, and on what terms – royalties, etc. Without constituting this body, the Ministry has proposed specific conditions for sale of the family silver to be incorporated into the  MMDR Act. 

How would States then fulfill their duties as public trustees to conserve the shared inherited mineral wealth if they have no control over if, when or how they sell their family silver? How would states meet intergenerational equity? These proposals violate the principle of subsidiarity and the federal structure of our Constitution,warned the Goa Foundation.

The Supreme Court has already held that the grant of mining leases is a prerogative of State governments. How come the Central Government wants to usurp that power? Asks Goa Foundation.

Since minerals are our inherited wealth, and mining is the sale of this wealth, the sale consideration received in exchange for the minerals – royalties and auction premia – are capital receipts, just like the proceeds from divestments. Royalties and auction premia are not revenue. Are we addicts to sell off our family silver to consume the proceeds? Surely a strong nation is one that imports raw materials from others and exports finished goods, not one that is exporting its family silver for a song, remarked the green NGO.

Since minerals are our family silver, prudence requires a high security minerals supply chain to ensure no theft or loss of this wealth. Illegal mining is effectively theft of the family silver. In the financial sector, anyone who is of even slightly questionable antecedents would not be allowed to manage a bank or financial institution. However, it is distressing to find that there is no blacklisting of illegal miners either under the Mineral Auction Rules or the Insolvency and Bankruptcy Code, nor is illegal mining considered money laundering when minerals are clearly associated with our red corridor.

The Goa Foundation asserted that it is  essential that fit and proper person tests and integrity due diligence be conducted on all participants in mining. In its absence, "we have thieves managing the family silver, with obvious results".

The NGO  which has been fighting illegal mining in Goa for several years said that it was unfortunate to see that the Ministry has repeatedly violated the pre-legislative consultation policy and the Right to Information Act in formulating and announcing these proposals. 

"And we are shocked to hear that of the 12,149 comments the Ministry received on the consultations on the draft MMDR amendments held in 2020, the Ministry has considered only those suggestions “which are committed for reforms in the sector.” Put simply, the Ministry only listens to those who agree with its increasingly backward-looking reforms,says Goa NGO.

The Goa Foundation has urged the State governments to urgently examine the consequences of these proposals on the federal structure of the Union, the constitutionality of these proposals especially in light of their role as public trustees over the shared inheritance of mineral wealth on behalf of the people and the future generations(eom).

Goa govt is yet to notify Rules to implement The Mental Health Act

Prakash Kamat

Panaji,Janyary 24-- The mental health of children,adolescents, persons with disability, LGBTQs,senior citizens and women,all these marginalised sections of society, is a concern, especially with COVID-19 pandemic around. The pandemic has worsened existing uncertainties and distress. It has isolated children and adolescents from their social networks, resulting in anxiety and sleep problems. In addition, specific stressors linked to quarantine, health fears, financial loss and stigma pose as risk factors for negative and long-lasting psychological effects.  

Recognizing the difficulties for children in returning to school, there is need for mental health and psychosocial support services and child protection tips for teachers, school management and students, as well as referral pathways between schools and relevant authorities. 

In Goa the Mental Healthcare Act (MHCA) 2017 was gazetted on April 7, 2017 and came into force on May 29, 2018, with the objectives of providing mental health care and services for persons with mental illness and to protect, promote, and fulfil the rights of such persons during delivery of services.

It repeals the Mental Health Act, 1987, and it can be implemented only after the state rules are formedframed. The Centre has already made Central Mental Health Rules which had come into force on May 29, 2018. They are named Mental Healthcare (Central Mental Health Authority and Mental Health Review Boards) Rules, 2018, Mental Healthcare (State Mental Health Authority) Rules, 2018, and Mental Healthcare (Rights of Persons with Mental Illness) Rules, 2018

According to Section 121 of MHCA 2017, the State government may, with the previous approval of the Central government, by notification, make rules for carrying out the provisions of this act, provided that the first rules shall be made by the Central government, by notification.

As the world continues to grapple with COVID-19, the conversation on meeting the mental health needs of children and adolescents needs to be accelerated, so that we can reimagine better services in a world where mental health is recognized as fundamental to overall health and well-being, and where it is integrated into universal health care.

On this background,it is indeed a big concern that the State has not notified, or even discussed the State Rules for Mental Healthcare Act (MHCA) 2017 even after three years of the Act coming into force. 

The Goa government and its Health authorities would do well to realise that the looming mental health crisis calls for better commitment and investment in system and with priority look into the matter and initiate a consultation process with all stakeholders to frame the Rules and then get the Rules notified at the earliest.(eom)

“I was determined to bring out the innocence and boldness of the Dombari community”:Director Pratik Gupta

 Prakash Kamat

Panaji, January 22-- "Our film 'Shantabai' explores the journey of street artist Shantabai Pawar, who continues to perform even at 85 years of age and thus helps keep the legacy of Dombari community in Maharashtra alive. It is a documentary film on a dying art form, from which the lead actor Shantabai makes a living in her real life as well”,Director of the documentary,Pratiik Gupta said while addressing a press conference at the ongoing 51st International Film Festival of India (IFFI),on Thursday. 

The eponymous film, produced by Film and Television Institute of India, has been featured in the Indian Panorama Non Feature Film section of IFFI 51.

The Dombari community is known for its street circus acts such as juggling acts on street like walking on ropes and risky somersaults. The Dombaris are distributed across India. They are referred to as Bhorpi in Konkan, Gopals in districts like Satara and Sangli, and Dombari in western Maharashtra.

Director Gupta threw light on the real-life struggles of Shantabai, from whose own perspective the story is told: “To take care of her family, Shantabai performs juggling acts on the streets, and does rope-walking as well, activities which are sometimes dangerous and risky.”

Gupta wanted to bring out the innocence and boldness of the Dombari community. “Though they live on streets and are nomadic, they are innocent and bold. I had an amazing team. At first no one was confident, but I was determined to make an emphasis on the innocence and boldness of this community.”

The Director added that the crew took special care to ensure that the scenes are captured naturally. 

C“While shooting the movie, we took efforts to make the Dombari community comfortable, I had to spend time to remove their camera shyness. Actors often got nervous in front of the camera; hence, we had to keep the camera outside and zoom in. But on the whole, I enjoyed the process. And we made all the effort to capture scenes naturally,” he said.(eom)

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Indian Panorama is an excellent platform to promote regional cinema and new talented filmmakers

Prakash Kamat

Panaji,January 17- The Indian Panorama section of the 51st International film festival of India was inaugurated in Panaji on Sunday in the presence of the Jury members and directors of both the non-feature and feature films.

The Jury, along with the cast and crew of both the feature and non-feature films were felicitated for their participation in the Festival.

The Director of the opening non-feature film “Paanchika”, Ankit Kothari, introduced his film as a story of friendship. It is about two seven year old girls in the salt mountains of Little Rann of Kutch in Gujarat and how their friendship battles the phantoms of casteism.

Director of the opening feature film ‘Saand ki Aankh’, Tushar Hiranandani said, “The film is a story of a grand-mother duo Chandro and Prakashi Tomar from a village in Uttar Pradesh who join a local shooting range to encourage their daughters and end up winning 352 medals each as sharp shooters.” 

A total of 23 feature and 20 non feature films have been selected for the flagship Indian Panorama Section of the 51st of International Film Festival of India. 

The selected films will be showcased on the big screen for all the registered delegates and representatives from the selected films, during the nine days film festival in Goa, from 16th-24th January 2021.

Indian Panorama which represents the finest films from across the country is considered to be an excellent platform for promoting regional and talented film makers.(eom)

Tushar Hirandani & his film that opened Indian  Panorama at 51st IFFI in Goa on Sunday 

 

Gujarat Information Commission supersedes RTI Act to order Public Authority not to accept any RTI applications by a citizen for 5 yrs:RTI Activist

 Prakash Kamat

Panaji, January 15- The Gujarat Chief Information Commissioner supersedes the Right to Information Act to order Public Authority not to accept any RTI applications by a citizen for 5 yrs when Information Commission should ensure effective implementation of RTI,say RTI activists.

Chief Information Commissioner, of Gujarat, Shir D.P. Thakar, has issued an order on January5, 2021, in the hearing scheduled regarding complaint filed by citizens Chintanbhai, Bharatiben and Dilhariben, to put ban on use of RTI by them for five years. The order cites that this ban is because of repeated use of RTI to pressurize the system. The Order has asked, PHC Jesar (PIO) and CDHO Bhavnagar (Applet Authority) not to accept and entertain any RTI  and appeals for these three citizens from the date of the order till next 5 years.

This is for the first time in RTI’s history where a Information Commission has banned any citizen from seeking information from Public Authority. As per RTI Act, a Information Commissioner has power to make penalty order, to recommend for departmental inquiries against PIO, to ask PIO to  furnish information. But there is no provision in the Act which empowers a Commission to ban a citizen from using RTI to seek information. This order is,thus, completely un-constitutional as RTI Act has been passed by the Parliament and under the law there is no power with the State or Central Commission to prevent aany citizensfrom filing RTI, or to ask any public authority NOT to implement the law passed by the Parliament. Moreover, a High Court order has been  mis-interpreted to deny citizen’s lawful right of seeking information quoted in the order.

The RTI activists apprehend that this order will give free hand to public authorities to deny information to public.

RTI helpline, run by Mahiti Adhikar Gujarat Pahel, has been receiving calls since last few months, where citizens complain that they are being threatened by Information Commission, not to make repeated RTI or appeals or else they will be stopped from using RTI itself.

RTI helpline states that, RTI Act has no provisions to prevent citizen from filing RTI or appeal with public authorities. This order of the Chief Information Commissioner is un-constitutiona and thus RTI groups, civil society members and activists of RTI have appealed to the Gujarat State Information Commission to immediately withdraw the same. This order betrays incompetency of  the Information Commission to interpret RTI Act, also their ignorance about RTI Act. It will send message that the Commission is incompetent to fulfill the responsibility given by the Act. 

Such approach of the Commission will not only mislead public authorities for denying information but will make RTI ineffective. 

If citizen has violated any law, State is competent to take actions against such citizen under appropriate law. But Commission cannot prevent implementation of RTI passed by Parliament,by merely citing such incidents. 

Parliament of this country has passed a very important legislation to protect and enhance citizen’s right to seek information and enhance transparency. It is expected that Information Commission needs to be pro-active and well prepared to fulfill responsibility put on it,said  Ms. Pankti Jog, Executive Secretary, Mahiti Adhikar Gujarat Pahel(MAGP) in a press release.(eom)

Ph: 09909006791; 09824048842.

Goenchi Mati Manifesto calling all political parties in Goa to protect children’s inheritance

  

Prakash Kamat

Panaji , December 6-In the light of Goa Chief Minister Pramod Sawant’s announcement about the restart of iron ore mining, the Goenchi Mati Movement asks all political parties and Goans to support its Manifesto For Fair Mining. 

The Goenchi Mati Movement is asking for the implementation of some simple Constitutional principles in the management of our natural resources, especially the State of Goa's mineral wealth. The Movement requests all people-friendly political parties to support and to incorporate the Goenchi Mati Manifesto into their party platforms. We have developed a win-win solution to a very vexed issue (mining) that is of great importance and concern to voters.  While the manifesto was developed in 2016, it remains valid even today.

The manifesto revolves around the Goenchi Mati Principles, which are:

1.    We, the people of Goa, own the mineral in common. The state government is merely a trustee of natural resources for the people and especially future generations (Public Trust Doctrine).

2.    As we have inherited the minerals, we are simply custodians and must pass them on to future generations (Intergenerational Equity).

3.    Therefore, if we mine and we sell our mineral resources, we must ensure zero loss, ie. capture of the full economic rent (sale price minus cost of extraction, cost including reasonable profit for miner). Any loss is a loss to all of us and our future generations.

4.    All receipts from minerals must be saved in the Goenchi Mati Permanent Fund. Similar proposals are already implemented all over the globe. Like the minerals, the Permanent Fund will also be part of the commons. The Supreme Court has ordered the creation of a Permanent Fund for Goan iron ore and already Rs. 94 crores is deposited.

5.    Any real income (after inflation) from the Goenchi Mati Permanent Fund must only be distributed to all as a right of ownership, a Citizen's Dividend. This is like the comunidade zonn, but paid to everyone.

6.    The implementation of these principles will be done in a transparent participatory process with the people of Goa.

The manifesto revolves around the implementation of the Intergenerational Equity (IE) principle, which calls on Goans to ensure that our future generations inherit at least as much as we did. It provides an economically beneficial plan on mining going forward. It also suggests an interim plan for mining dependent. It places a priority for dump mining and land restoration over fresh mining. And concerns of the mining affected are also reflected.

Further, we believe this manifesto produces a fair outcome for all mining stakeholders. In summary,

- Mining dependent will benefit

- Mining affected will benefit

- Government of Goa will benefit

- People of Goa will benefit

- Future citizens of Goa will benefit

- Miners can get up to 20% return but not beyond.

 

Andrea Rodericks from the Goenchi Mati Movement said: “The Goenchi Mati Manifesto proposes a model for mining that honors our constitution and protects the rights of the children and of future generations of Goa. It also dramatically reduces the potential for looting that is associated with mining, which has caused tremendous environmental, economic and social damage in Goa. We call on all political parties and all independent MLAs to explicitly support our Manifesto. This is the future we need, we have a vision for our future, now it requires political will and support.”

Rahul Basu from the Goenchi Mati Movement said: “Supporting the manifesto is a critical step in changing the trajectory of Goa’s society and economy. Goa has the opportunity to be a beacon of hope in a dark world. I hope Goans from all walks of life, especially the mining dependent, the mining affected, the business community, and anyone who cares about what is right show leadership and courage and publicly support our manifesto.”

Mr. Basu said that the Goenchi Mati Manifesto is available at goenchimati.org/manifesto. It is available in English, Devnagari  & Romi Konkani, Marathi, Hindi, Portuguese and Kannada. Audio versions are available in Konkani, Marathi & Hindi.

"Show your support at goenchimati.org/support. Aamchi Mati Aamka Zai,"says Mr. Basu.(eom)

 

Revoke the clearances related to Mollem and then start discussions: Youth of Goa Forum tells Goa govt

Gabriella D'cruz , Princy Fadte, Valerie Afonso, amongst others,addressing press conference on Saturday

Prakassh Kamat

Panaji,December 5- Youngsters under the banner of The Youth from across Goa ,on Saturday urged every single Goan and lover of our precious Goa to put "your age, religion, and political affiliation aside and RISE AS ONE GOA to protect Goa.

Addressing a press conference in the city, the group of youngsters said,"Our first and main demand to the government is that we ask you to stop tokenism about engagement with us. You can’t approve a project ‘in public interest’ without both due process and our consent and then tell us we can talk about it. It is clear: First, revoke the clearances related to Mollem and then start discussions.

In a strongly-worded press release issued at the press conference, the representatives of youth, inter alia, said, "On one hand you put up the Goa State Action Plan for Climate Change and ask for comments and on the other you say you will go ahead with the projects despite the youth (along with scientists, doctors, lawyers, architects, veterinarians and so many more) sending numerous representations citing the irreversible damages of destroying Mollem National Park and Bhagwan Mahavir Wildlife Sanctuary, which is Goa’s largest protected area, that is part of a Global Biodiversity Hotspot."

The Intergovernmental Panel on Climate Change (IPCC) in 2019 shows how the Western Ghats gives us resilience to climate change and will allow for better adaptation against the effects of climate change. By not revoking clearances and destroying the Western Ghats, you are destroying our future and this tokenism is not only blatantly apparent but also contradictory in nature, said the press release.

Our goals and values as the youth of Goa are clear, our vision for development does not involve destroying forest and we will strive to safeguard and create a Goa that future generations can thrive in. We will  not compromise on our intergenerational equity; Our natural resources are our shared inheritance and it is the duty of the present government and all of us in Goa to ensure that future generations inherit at least as much as we did of a state that is truly worth fighting for.

Many times the Goa government has tried to feign ignorance about these Mollem projects as being Central projects and we will not allow you to feign ignorance anymore. Be brave enough to take responsibility. Stop passing the buck. We would like to categorically state that the Goa Government knows about these three proposals from its inception. In fact they have forwarded these proposals based on approval granted by the Chief Wildlife Warden and recommendation of Goa State Board for Wildlife to the Central Government. We like to remind the government to remind themselves of our treasured Constitution of India.  As per the Seventh Schedule of the Constitution, our forests and wildlife appear on the concurrent list. Thus the State and Centre has equal power to take decision on them and moreover the final decision on forest diversion lies with the State.

We now to ask the government of Goa to stop this widespread destruction and we are willing to tell them the process on how they can do it. 

We first ask you- the Chief Minister of Goa who is the Chairperson of the State Wildlife Advisory Board- to send an immediate representation to the Union Minister of Environment and Forests who is the Chairperson of the National Board of Wildlife to scrap the wildlife clearances granted to the three linear infrastructure projects. You need to send a similar representation to the Regional Committee of Ministry of Environment and Forests and Climate Change at Bengaluru to ask them to quash the forest clearances granted for Mapusa-Xeldem transmission line, Xeldem-Xeldem transmission line and the approach road to the substation at Sangod.

Apart from these two relatively simple and straight forward letters that we put forth as a demand, we ask you to direct the Goa Forest Department not to issue any work orders to fell trees for the Goa Tamnar transmission line and to stop-all work related to railway double tracking on non-forest land, else you will have to face our agitations and uprising of many more youth from across Goa. 

To sum up, the final and easiest step to revoke these clearances, to both the Chief Minister and the Forest Minister, you only need to direct the Goa Forest Department to return these proposals back to Goa Tamnar, South Western Railways and the PWD.

Through the fight ffor#Amche Mollem we remember that we stand for something that is bigger than each of us and a Goa that is part of each of us. We are not only doing the right thing for our State but we are doing it together to stop the widespread destruction of our forests that matter to each of us. Ultimately, we are the youth. We envision a thriving planet for ourselves and our children yet to come. You may constantly say that these protests are politically motivated, or influenced by a foreign hand. Please stop cowering behind these excuses and be courageous enough to accept that we, the youth, are fighting now for our planet, our only home and our future. And you, who forget you are our representatives but deluded by being ‘in power’, are taking this future away from us.

We ask once again for our voices to be heard and these clearances to be revoked, else in the days ahead, our voices will only get stronger,warned the press release.(eom)