IS GOA GOVERNMENT SERIOUS ON CRIMES AGAINST CHILDREN ?

 

By Aires Rodrigues

 

The Goa Government seems not to be serious on prosecuting those responsible for crimes against Children. Though the Protection of Children from Sexual Offences Act, 2012 came into force on 14 November 2012, the Goa police are still using the Goa Children’s Act and apparently, are not even aware of the existence of this Central enactment.

The Central Act was passed by Parliament in May 2012 and under its ambit defines child as a person below the age of 18 and is gender neutral and has a clear definition for all types of sexual abuses like sexual harassment, penetrative or non-penetrative sexual abuse and pornography.

Under Article 254 of the Indian Constitution once the Central Act came into force the Goa Children’s Act impliedly stood repealed in as much as the doctrine of occupied field would come into play, by which the State Legislation would become void. Any proceedings initiated under the Goa Children’s Act would automatically be illegal and void.

The Central Act has defined the punishments following the kind and harshness of the offence that includes life imprisonment for heinous crimes of sexual assaults and abuses. The Act under its ambit has tried to set up the standards of International Child Protection Rights and has made it mandatory to report the sexual offences against any child. Punishment against the person trying the allegedly defame any person that also includes a child via false information is mentioned in this Act.

The Protection of Children from Sexual Offences Act, 2012 has defined the ways to provide a child friendly process of offence reporting to evidence recording, trial and even investigation. Section 45 of the Act allows the Union Government to make the necessary changes in the Act, whenever and wherever required.

All the rules have been structured and framed relying upon the Juvenile Act, 2000 for making arrangements in regards to the care and protection of the child. The devised rules of the Act also pay attention to the fact that the child is not re-victimised at time of investigation as well as trial. The Act has also made it clear that under situations in which the child is being taken for the medical facility on an emergency factor that no documentation or magisterial requisition would be demanded before the treatment.

The Rules laid down in the Act also defines the criterion of awarding the compensation by the Special court that includes loss of educational and employment opportunities along with disability, disease or pregnancy suffered by the subject as the consequence of the sexual abuse. This compensation would be awarded at the interim stage as well as after the trial ends.

In the recent Vasco Rape case the provisions of Protection of Children from Sexual Offences Act, 2012 have not been invoked. Is the entire attempt by the authorities aimed at letting the accused go scot free at the end of the trial, for having been prosecuted under a non existent law? Can it be believed that the law enforcing agencies are so naive or ignorant about the law of the land as it stands or are they functioning under pressure or dictates of a hidden hand?

MONTH'S MIND: J.F. SANTANA F. CARVALHO.

It is said that if you want to get best of education in the world you either go to Oxford in UK or Harvard & Yale in USA or Sorbonne in France or Vienna Music Academy in Austria and attain mastery of the subjects of your choice. Similarly, it was said in Goa years back that if you want to attain excellence in education and sports you go to Arpora Bardez and join St. Joseph’s High School there and attain all round excellence in life. That was the standard of that school once upon a time under the Principalship of Monsg. Philipe Neri Mendonca popularly known as Fr. Mendonca. Some of the great intellectuals of Goa of the past century were the products of this school.

“Cibaria Necessaria Sumite Et Abite” written in Latin was the motto of this school and it was indicated on the school emblem. The meaning of this in English is: ”Take the necessary food and depart”. Taking this view into consideration the late Santana Carvalho as a young boy bustling with energy and radiating positive thinking joined Arpora School after the end of the World War II not only to gain educational knowledge but also to excel in extracurricular activities including debates, dramas and sports. He was the regular participant in the annual school drama organized on the birthday of the school principal Fr. Mendonca. Music was his other specialty and playing of Violin was his forte.

However his main specialty was centered around sports and the game of soccer was his devotion playing as a regular for the then mighty school soccer team under its bar. He was extremely good goalkeeper and according to the elder teachers of that school, Arpora School has never produced such a gigantic and magestic keeper in its long and great history. During those days Arpora School soccer team was one of the best teams in Goa, so much so, even those great Goan teams dotted with exceptionally talented Portuguese players were afraid of Arpora School team because our Santan Carvalho under its bar was unbeatable.

During those days Arpora School team because of its very high standard had the unique distinction of playing a friendly soccer match at School ground against the visiting German team. No doubt our Carvalho was not schooling at Arpora at that time but if he was, surely he would be an automatic choice in the first eleven. When once I asked what was his feeling on this point he replied that it was the greatest “miss” of his life at Arpora where he achieved everything the best in educational field as well as on soccer field.

When he was playing for Arpora School all the spectators watching the game used to call him thus “COME ON LION”. Under their bar he was nicknamed as Lion after the name of Fr. Lyon a foreigner who founded this first High School of Goa which was then called as “COLLEGIO DIOCESAN DE ST. JOSE” because of its all-round high standard. Also, he was called a Lion because of his Lionic courage to put his big hand with very broad palm for any powerfully difficult ball thus preventing the ball from entering into his goal.

In his death last month Goa has lost one of the greatest soccer goalkeepers of all time. As a mark of respect for his excellent goalkeeping Goan soccer community in Goa and in Kuwait should do something to keep his memory alive which should not be allowed to get faded. Such excellent footballers do not come into this world very often for this reason we have to keep their memory alive.

In Kuwait he always supported soccer activities at Sour grounds and encouraged the Goan boys to take part in it. He not only loved soccer in general but he also loved active soccer played by Goans in Kuwait so enthusiastically.

A. Veronica Fernandes,

Kuwait.

GOANS & PALESTINIANS. INDIA V/s PALESTINE SOCCER.

The situation of Palestinians and Goans is somewhat similar. Palestine was forcibly usurped by the Jews and converted it into Israel while Goa was forcibly invaded by Nehru’s Congress and forcibly annexed it to Bharat against the wishes of overwhelming majority of Goans. By their coming into Arab Palestine in greater number from all around the globe the demographic structure of Palestine is altered by the Jews in favour of them while Palestinian Arabs including Muslims and Christians are gone into minority in their own land thereby losing their Arab identity, culture, tradition, language, folklore and everything best associated with the Palestinian Arabs.

Similarly by Bharat’s forcibly annexation of Goa when Goa was not a part of Bharat, the demographic structure of Goa is getting upset due to the unwanted influx of enormous amount of non-Goans into Goa. These non-Goans are not only coming as visitors but they are in greater number coming to Goa and purchasing Goan land and settling down in Goa thereby introducing their dirty culture, dirty tradition, dirty habits and everything dirty and harsh associated with them. In fact generally speaking there is nothing good in Bharat, everything is worst which is foreign to genuine Goans. Because of the influx of non-Goans into Goa the genuine identity of Goa and Goans is diminishing.

It is over 60 years now Palestinians are fighting for their separate independent Palestinian State but Israel is adamant. Goans are also asking for Special Status with special privileges for Goa but Central government is closing its eyes and ears for Goa's demands. If this adamancy persists for long, the present generation and the generation to come, out of frustration against Central government’s step motherly treatment meted out to Goa, may demand total independence for Goa from Bharat because Goa was never a part of Bharat. The time for this demand may be closer otherwise Centre must heed Goa’s voice and accord especial status to Goa now only as per the wishes of the Goans. Many of the problems of India are due to the refusal of the genuine demands of the States by the Center. Central government consider itself as the “Dada” of India which is not correct. This Hitlerian attitude of the Centre must change as per the changing of the time in India.

Just like original Palestinians, Goans are also kind, big hearted and soft people and because of this they allowed to be captured and invaded by the foreign powers and invaders. Currently due to their hard life Palestinians are become very progressive in all the fields because they are become aware that only thru hard work they can achieve their goals. Sports is one field where they are doing well and especially in Soccer they are showing lot of improvement. Their soccer team is winning them laurels in the Arab World and in the Middle East as well. Recently in the last week their soccer team played against Indian National team at Delhi in India and surprisingly they defeated India by 4-2 goals. They not only defeated India by such a big margin but they also made misery of Indian footballers in every department of the game by outbeating every Indian player thereby putting the host into a big shame.

India’s tradition in soccer is longer than that of Palestinian tradition yet India is not a powerhouse in soccer. Palestine which is not even a full-fledged independent State being under the domination of Israel and yet beating such a mighty India means something to be applauded. Compared to India’s size, population and industrial development Palestine is minnow. What is the secret behind Palestine's victory over India? It is nothing but dedicated hard work they put in to brush their soccer skills with very limited financial resources at their disposal. Besides, the patriotic feelings Palestinians are having for Palestinian causes are great compared to what Indians are having for Indian causes.

These Palestinians are living for decades in Refugee Camps where there is no proper soccer ground but within available means they make maximum use. Instead of soccer balls Palestinians are familiar to see Bombs from Israelis but still they play better football. In India we have rain of water but in Palestine they experience rain of Bombs and bullets coming from Israelis and yet they play better football than Indians. What an excellent achievement!! I admire them especially for their killer instinct for victory, either on the sports field or on the battle field fighting against Israeli occupation of their land.

A. Veronica Fernandes,

Kuwait.