EDITORIAL
Search for Credibility
APHC seems to be stung by
the doubts expressed by various quarters about its
credibility. Way back in 1996 elections, well wishers and
those whose mediation the APHC was frantically seeking
had advised it to contest polls and prove its popularity.
The Hurriyat declined, and it came as a rude shock to its
sponsors and sympathisers outside the country. Pakistan
was quick to seize the clue and changed its strategy. She
did not believe that the Hurriyat was that uncertain of
its popularity to that extent. Hence, at the best, ISI
continued to use it as a negative tool that had the
capacity of misleading the people. Therefore the
indication that General Musharraf may not give audience
to the Hurriyat explains the parameters of Pakistan &
rsquo;s policy in the context of Hurriyat & rsquo;s
role.
Now its senior member in
the Executive Council, Mr. Abdul Ghani Lone has expressed
the readiness of the Hurriyat to contest elections if
held under international supervision. This assertion at
the least proves that the Hurriyat does need to prove its
representative character, a position that has been
severally challenged, latest by the Chief Interlocutor,
Mr. K.C. Pant. In a democratic dispensation, a political
party has no way other than that of going to the people
to prove its representative character. If some shops are
shut down on the call of Hurriyat and if traffic is
brought to standstill, it does not prove that the
Hurriyat really enjoys the support of the common man.
Apart from this, Mr. Ghani Lone twice fought election in
Kashmir, was returned and even became a minister. As a
legislator, he has been a party to the laws that were
passed by the State Legislative Assembly. At that time,
he swore to remain loyal to the Indian and the State
constitution. At that time he did not demand elections to
be held in J&K under the supervision of the
international body. Only two situations are imaginable.
Either the elections in which he was returned were rigged
to his full knowledge in a manner he knows best or that
these were fair and impartial under the supervision of
local authorities. Now if we accept the first position,
then it was immoral on the part of Mr. Lone to have taken
the oath of secrecy and loyalty and assumed the
responsibility of becoming a minister. His belated
repentance should not become a tool in his hands to
mislead the people. And if those elections were fair and
impartial, it means that the election machinery in the
State is adequately qualified to deliver the goods and
nobody should have any complaint against it. How then
does Mr. Lone expect the government to accept his demand
of international supervision?
Furthermore, the United
Nations and the major powers of the world as also the OIC
members have repeatedly said that Kashmir issue should be
resolved bilaterally by India and Pakistan. World
community has declined to play any role unless both the
parties sue for it. When that is the case, how is an
international supervisory body going to supervise the
elections to the satisfaction of Mr. Lone? By trying to
reach the international community, he is only reducing
his own and his organisation’s credibility if
any. The world is fully aware that India, the world &
rsquo;s largest democracy has an elaborate, comprehensive
and highly credible institution of election commission.
Its impartiality has been recognised world over. Its
credibility has never been challenged whatever the
results of the election. Mr. Lone cannot muster support
to challenge the credibility of the Indian election
commission and its apparatus. However, it is known to one
and all that elections in India, whether for the
Parliament of for state assemblies, are fair and
transparent and foreign observers are always present on
the scene to submit their report. The world media is
always represented and the Government of India never
stops it from covering the election proceedings. That is
more than sufficient for Mr. Lone to assure himself that
the elections in Kashmir, in which his group would be
inclined to participate will be fair and impartial. It is
a welcome change in the thinking of the seniors in the
Hurriyat. The people will certainly like the change and
also like the Hurriyat taking part in the democratic
process. There is also a foolproof mechanism with the
election commission to look into the complaints that
might crop up in the course of polling and these are
redressed in normal course. In numerous cases the
election commission has ordered re-polling when there
were convincing reports of irregularities. That is added
precaution and J&K is not outside the ambit of these
precautions. It is hoped that the Hurriyat will realise
the writing on the wall and decide to take part in
elections without putting conditions that will never be
acceded to. Of course, in view of the unusual
circumstances in the State, it would be advisable on the
part of the State Government and the Central Government
as well to take extra measures of security, impartiality
and fairness in the elections in J&K State. That
should infuse confidence in Mr. Lone and his associates.
Back to equilibrium
Nearly two decades ago,
Iran & rsquo;s Islamic revolution, spearheaded by
late Ayatollah Khumeini, became the catalyst for
resurgence of Islamic sensitivity in a number of Islamic
countries. The great euphoria created by the noiseless
ouster of the Iranian monarchy was taken as a grand
achievement not as much against the monarch as against
his protectors. Islamic revolutionaries were never tired
of trying to convince the world of Islam & rsquo;s
superhuman powers. To the students of Iranology, it
became almost incredible to find the Iranian society
shifting from modern life style to that of conservative
Islam. Historians were at a loss to explain the
phenomenon in terms of logic of history. Nevertheless,
Iran relapsed into a typical conservative society and the
people accepted it. The mullas, who generally have
exerted considerable influence on Iranian Shia society,
would, usually return to the mosque and the madrassah
after having performed what they call their religious
role. But this time, the mullas refused to return to
their seminaries and having tasted power were reluctant
to part with it. Unnatural as the shift and its
consequences were, the common people began getting
disillusioned.
Half of the Iranian
population is reported to comprise youth below thirty
years of age. It became too difficult for this vast
segment of population to remain shut off from the modern
life style and particularly from political freedom.
President Khatami cashed on this sensitivity of the youth
and won the previous election. Now he is seeking second
term. Though he has not been able to achieve too many
things during the first term of four years, yet his
essential task being that of liberalising the stereotyped
society, he had to take each step with caution and care.
He could not rush headlong to reforms as the youth
expected because that would have only called for much
more aggressive reaction and the disaster. But of course,
Khatami has been able to make an achievement of
considerable significance. He has been able to check the
activities of freelance vigilantes who had begun to
harass the society in the name of Islam. The youth
support him in this endeavour. There is a visible change
in the mood in Iran. Women are asking for more freedom.
The press is crying for its independence and Khatami
& rsquo;s regime is not averse to it. Radical Islamic
ideology is gradually yielding its place to more tolerant
and moderate Islam. Relations with the US and other
European countries are steadily improving and Iran is
coming out of isolation. Thus Khatami has a fair chance
of being returned to power for another term of four
years. He has been handling the state affairs with care
and has brought about radical change in Iran &
rsquo;s foreign policy. This should be an eye opener to
the hard-line religious fanatics in the neighbouring
country. The Kashmiri militants who had once been
eulogising the Iranian Islamic revolution will have to do
some rethinking.
|
KC,
KP and Kupwara lad
Men,
Matters, Memories
By M.L.
Kotru
This is
the story of the many faces of the
Valley. And I will for the moment
concentrate on just three. First KC Pant,
New Delhis interlocutor on Kashmir.
His four-day visit to the State coincided
with my 12-day visit to the Valley.
Second, the youngman from Kupwara, who
had passed his TDC exam, was working in
Srinagar anddreaded visiting his village,
for fear that he might be picked up by
the militants, because of his youth, and
asked to join their ranks or,
alternatively, be picked up by the
security forces who post-cease-fire, now
routinely stop vehicles for random
checks. Third, of a Kashmiri Pandit
employee of the State Government who out
of bravado chose not to migrate, later
sent his family out of the Valley, and is
currently sheltered by a Muslim trader,
but whose transfer to Jammu or to Delhi
the local authorities will not even
consider - and, mind you, his job is as
low as you can get in Government service.
The Pant
visit, in the event, turned out to be a
case of he came, he saw (from the
picturesque Nehru guest house astride the
Chashmahi range) and he left without
conquering. And I wouldnt blame
Pant if he returned to Delhi
empty-handed. Blame, if he must,
its the timing of his visit. If
there be any truth to the local newspaper
comment "India (Pant) meets
Indians" let it be. The Hurriyat has
only proved that it cannot be anything
but its masters voice. The command
to it obviously was to stay put for now
and insist on a meeting, in the first
instance, with Pervez Musharraf when he
comes visiting next month. After all
thats what the Hurriyat had been
insisting upon before Vajpayee chose to
invite Musharraf. And thats why you
find the Hurriyat saying, after
Pants Srinagar visit, that it will
try to meet Musharraf in Delhi and who
knows, may be, Vajpayee after that.
"Temporary" marginalisation is
too small a price to pay, when it comes
to proving a point.
Now of
the teenager I mentioned earlier. I got
talking to him at his workplace, his
first job. Too poor to pursue his studies
further he had taken up a job in
Srinagar, away from his village in
Kupwara. He was leaving the next day for
his village to handover some money to his
family and keen to get back to work
before someone else took up his job. He
was so keen to go and yet too scared at
the thought of it. A four-hour bus
journey would now take him around six
hours. The security forces, he said, had,
after the withdrawal of the cease-fire,
resumed searching buses at many points
along the route. And given his youth and
the Rs 3,000 on him, he feared that he
might be seen as a militant. More
worrying was the fact that, once home, he
might be picked up by the militants as a
potential mujahid. The poor lad had other
dreams. Like what does it take to be a
journalist or how much would it cost him
if he continued to pursue further
education to become a teacher, if not a
journalist. The latter obviously because
he had met several journalists in the
city where he works.
The
Kashmiri Pandit Government employee,
seeking a transfer out of the Valley,
says he had stayed back alongwith other
members of his family when most other
Hindus migrated in 1990-91. He stayed in
his downtown ancestral home but soon
found that he must send his family out.
Ever since then he has been gripped by a
sense of fear and loneliness. But then he
came across this good samaritan, a Muslim
businessman, in a safer upmarket area of
the town who has offered him shelter for
the past three years, free of cost. But
he must each day commute to his work
place some seven miles away and face the
risk of being "terminated" if
he absents himself even when the rest of
the city stays workless, say, because of
a hartal call given by the Hurriyat. His
numerous representations to the State
Government have gone unheeded. Even the
most senior of bureaucrats in the State
wanted to know why exactly should this
man feel insecure when he himself feels
so safe in his well-guarded lakeside
villa, commuting from there to the
Secretariat with armed escort present all
along the route.
The Valley
continues to baffle me each time I visit
it. The 12 days I was there now, except
for one day when the Hurriyat gave its
customary hartal call, I found the
streets bustling with people. I even
espied a few tourists from the plains
walking up and down the Boulevard in
Srinagar. Anantnag seemed teeming with
people engaged in their daily chores.
Pahalgam on the weekend was crowded by
visitors from the capital Srinagar and
Anantnag. Yes, shopkeepers at the once
popular tourist resort continue to
complain about absence of tourists but
yet somehow seem to be building up their
stocks in preparation for the several
thousand yatris who will be camping there
on their way to the Amarnath cave for a
month beginning early next month. The
yearning for peace is almost palpable.
They have had enough of the terrorists
and the security forces - in equal
measure, they say almost unanimously.
KC Pant
met whoever wished to see him;
secessionists refused to meet him, the
sole exception being the newly-turned
secessionist and former Chief Minister,
Ghulam Mohammad Shah. Shabir Shah, the
other separatist leader made it known
before receiving Pant at his house, that
his would only be an informal meeting.
Not in a representative character. He
would be receiving a guest who came
calling: That was being courteous, said
Shabir Shah. For the rest Pants
first visit to the Valley in his capacity
as the designated interlocutor was an
ill-timed one. It came soon after New
Delhi had extended its invitation to the
Pakistani military leader, Gen Musharraf.
The 23-party conglomerate, Hurriyat
Conference, chose to ignore the visit.
Which was very predictable considering
its hawkish role and annointed by
Pakistan as it is as the "sole"
voice of all Kashmiris.
Echoing
the secessionist sentiment a local paper
summed up Pants stay in Srinagar
rather pithily: "India talks to
Indians". The summation may seem
uncharitable but it was very near the
truth. For, in the Valley the
overwhelming majority of those whom Pant
met represented the broadest possible
pro-India sentiment. There were others,
though, like the trade organisations, the
hoteliers, the boatwallahs and other
tourism related outfits whose concerns
were very different from those engaged in
the politics of secession.
Pant for
the most part did look more like the
Deputy Chairman of the Planning
Commission than anything else during his
stay in Srinagar. There was emphasis on
development, economic growth, promotion
of tourism, planting new varieties of
trees and inevitably on unleashing an IT
revolution. When someone from the
National Conference mentioned the
autonomy resolution passed by the State
legislature, Pant spoke of devolution of
power. He saw Kashmir as a bridge that
could provide stability in the region.
Sounds
like a bunch of cliches but then there
was little else he could do in a
situation where the people of Leh wanted
to be separated from the rest of the
State and granted the status of a union
territory, where Kashmiri Pandit migrants
wanted a secure homeland to be carved out
for them within the Valley and where the
secessionists were unwilling to talk. The
Hurriyat may in the process have
ill-served its cause. For they could have
used the Pant visit to elaborate on their
basic concerns including why it wants to
be treated as the only voice of
Kashmiris, or, for that matter, why it
wants to be treated as a party to any
determination arrived at between New
Delhi and Islamabad. Maybe the Hurriyat
continues to be unsure about its own
position - it is no secret that not all
the components of the conglomerate are
agreed on what exactly they want.
|
 |
Uncertain
uncertainties galore!......
Yours Randomly
Dr. R. L.
Bhat
Ever since
Sartre's No Exist came out the world had
been grappling with the perception that
uncertainty was certain. That was
modernism peeping out through the fraying
seams of progressivism. That euphemism of
communism had posited that all
certainties of the pre-Marxian world were
uncertain. From the shape of earth to the
parental role in development everything
came to be unhinged. It was a strange mix
of science, quasi-science and non-science
that inundated the social, political even
personal fields. Then Modernism split
wide the covers of progressivism, but it
had only a brief day. Post-modernism soon
took it over. The present day thought
says emphatically that every uncertainty
is uncertain. And that is said to be a
mantra of hope. By a strange crossing out
the two uncertainties are translated into
a positivism where everything appears
possible. Thus an Israel- Palestine
accord is on cards even as every passing
minute on the ground negates this fond
promise. And, Musharraf is to come to
solve the Indo-Pak tangle! Ho! Ho!!
Thinking
how the arty-farty movement gets into the
political calculations? Because all
politics, how so lowly, has to be founded
upon an ideological anchor, how so
uncertain. Inevitably it is the
prevailing ideology that actually drives
the politics. The colonial world created
Israel. The progressive movement enmeshed
it with the Egyptian - Syrian blockade.
Modernism brought it to Camp David accord
of Begin and Sadat. Post-modernism -
remember uncertain uncertainties --
situated a tentative Palestine upon a
doubtful Israel. In its looming
uncertainty it believes that peace has to
dawn, that Palestine would listen and
Israel understand and centuries of
mistrust would just vanish leaving
nothing but hope. A fat hope, did you
say? Well that is what the muddled
thought of our day that understands
everything, appreciates everything (and
knows nothing?) fondly, fatly believes.
Back home,
the creation of Kashmir-dispute was the
last - cry of colonial hold getting the
better of a democratic sense. It was
sustained through a surging communist
view that every discontent is a right.
Modernism that saw the Berlin wall fall
filled it with jehadis on the same
pretext, turning the facts of history,
law and geography fluid. Raging
uncertainties of post-modernism belive
that India is right, Musharraf is right,
Kashmir is right, even Lahore, Simla ad
the Un resolutions, all are right. And
that Musharraf is the right man to
resolve this tangle. But that definitely
is not the only 'solution' that has been
let loose. Ever heard of a hair-brained
scheme called Indo-Pak Federation? That
was another post-modernism bumbling
around. Then, there are parleys at all
levels imaginable, plopping all sorts of
people on to stage, seminars, exchanges.
That is called Intellectual
initiative.... immaterials squeaking, out
ineffectives? .... but then that is what
you get when the actuals are so
hopelessly popped out.
So the
latest hope of the hoplessness is a
heedless Musharraf making headway on
Kashmir. The man who refused to look at
Vajpayee on his Lahore bus is to take
that vehicle forward to a shanti-varta!
It is not the irony of the situation but
the sheer impossibility of the situation
that is striking. But does it strike
anyone? No way. Hope is again getting
pregnant like the irrepressible cat. Of
course, nine of the ten feline tummy -
bulgings are false, but how many would
acknowledge that? It is the air of the
age swaying the people away from the
realities into imaginary binges of
futility. Because everthing is uncertain,
uncertainties too are uncertain and there
can be no certainty about anything. Neat,
nay? Here anything is possible,
irrespective of the reality, irrespective
of the experience, irrespective of the
logic and reason. And, one can be a
warmonger and a dove of peace at the same
time.
But so
uncertain are the uncertainties of the
time that convictions are simply passing
out. Had they been around the sides that
are coming to negotiating table would
have made suiting preparations. That
would have called for building trust and
amicability, a dilution of stands or, at
the very least, keeping mum. But here the
cart is already before the horse; the
talks are to build confidence! With the
concessions that nobody can give? For, no
dialogue among the mistrustful would lead
to easy concessions. Can any of the
parties here retreat one single inch in
principle? Especially when they have
built new buttresses into the old
obduracies? Here is the Pak High
Commissioner going back to the (age-old?)
obsession of a referendum, followed by
Jaswant Singh stating that Kashmir is an
integral-part of India.
India and
Pakistan cannot negotiate to build trust;
they must build trust to negotiate. They
must prepare their people to the
realities of the situation, not lead them
to new obstinacies. They cannot negotiate
on the strength of the idiosyncrasies of
their people but must root them out to
build an atmosphere for talks. Any
talking, before that is done is bound to
be a futile exercise. The talking to,
that Musharraf did the other day at the
Ulema met, could be a step had it not
been woefully inadequate, if not actually
misdirected. He, for example, told the
gathering that they are giving Pakistan a
bad name by their loud reiteration of the
jihad. That is fact, but the greater fact
is that the mistrust and antagonism
between the two nations stems from the
jehadi theory. As long as Pakistan
retains the mantle of a crusader for
Islam the jehadi exertions remain
logical. And, the mistrust of the
neighbours and the nations of the world
would increase. Keeping this truth
wrapped, as Musharraf wants the mullahs
to do, as Pakistan succeeded in doing for
the last half a century, is to build
distrust not confidence. And mind, this
is just one instance. But then this is
the post - modernist age, nay? Here the
greatest impossibility is uncertain. And
a possibility by implications, while the
certainties of history go discredited.
So, the pundits say that peace may yet
follow, even from distrust, suspicion and
a virtual warmongering. Yes, the hopefuls
of this age are incorrigible. They live
on fat hope of uncertainty!
|
|
English
language teaching - A Review
By K. L. Dhar
When India got
freedom, the then Prime Minister, Pt Jawahar Lal
Nehru thought of doing away with the English
language. But since then there has been a
mushroom growth of English medium schools.
While teaching and
learning a foreign language, three things are to
be taken into consideration viz what to teach?
(Theme and contents of the language material);
how to teach? (language methodoloy to be adopted
in various situations) and how to test the
performance of the language learners.
(Evaluation) just as the credit of preparing a
dainty dish goes to the ace cook, similarly the
credit of effective teaching goes to a
resourceful teacher.
There were a
number of teaching methods adopted in ELT, some
of them have been discarded now due to the advent
of modern disciplines of psychology and
linguistics. The child or learner is no longer
regarded as tabularasa or blank slate" upon
whom the teachers guidelines would leave
indelible imprints. Now the learner is the main
focus of the modern age and his creativity,
competence and cognitive perceptions go a long
way in preparing the language curriculum. The
modern trend in ELT is to impart language
according to his future challenges so that he is
well versed about his surroundings, scientific
advancement, sports and cultural events through
the windows to the western world (English
language) and not to make him Shakespeare or
Shalley as used to be in the past. That
literature is meant for ESP students. The
students who study English for specific purposes.
Now let me throw
light over some methods practised in the past and
the teaching trends in the 21st century.
The first and the
foremost was the translation method. It was
discarded on the plea that no two languages are
alike in structure according to linguists. Take
for example the structure of English language is
that verb follows after the subject while in
Hindi and Urdu object follows after the subject.
Hence to equate two languages was an exercise in
the wilderness. Later on direct method came in
Vogue in the sixties of the previous century due
to the craze of public schools. But it also ran
into rough wheather as the simple word
"Sea" could not be demonstrated unless
the children had gone and viewed a sea beach.
Thus this method also found its place in a dusty
niche in a neglected corner.
Structural
approach came as a boon in teaching methodology
and teachers showed zeal in this approach while
proceeding from simple structures to the complex
ones like S+V+O to the S+V+1,O+D.O. complement as
in the example "Mohan plays foot ball"
to the "Rashid brought a doll for Kamla from
the bazaar".
This method also
became a subject of scathing criticism due to
Chomsky Revolution in America. According to his
T.G. Theory of Grammar (transformational
Generative Grammar) and sentence structure
theory, Noam Chomsky argued that a sentence can
not be viewed only from surface structure but
from deep structure related to its meaning. He
was of the view that if the S.S. (Surface
Structure) of the sentence like, "The cat is
on the table" is reversed as "The table
is on the cat", the sentence shall become
vague in terms of meaning which he termed as
"Constructional Homonym" and focussed
that it is not only S.S. but D.S. (Deep
structure) or meaning related structure that
matters most. He also concluded that learners
creativity and linguistic competence are the
essential factors in language learning. His
approach based on lingual faculty eclipsed the
structural approach and rendered it like a lame
duck.
The latest and the
popular approach of the 21st century is "The
Communicative approach". The modern
linguists suggest that the basic function of the
language is effective communication and
interaction between the learner and the language
speaker. In internet terminology it means the
proper communication of ideas between the
language users and the receiver. Modern English
language teaching does not highlight the literary
language with simile, metaphor, allegosry,
imagery but plain speech devoid of literary
jargons and pendantic style as the modern e-mail
version of the message: "inform papa mother
hospitalised due to severe lung infection rather
than the old version, "you are requested to
convey this information to your father that I
have admitted my mother to hospital due to severe
long infection". A resourceful teacher well
versed in the latest techniques can utilise
different approaches as the time and situation
demands. Really, a drastic change almost a
revolution has taken place in ELT in the field of
pronunciation, Methodology, contents, theme and
evaluation. A number of innovative and creative
approaches of ELT like the use of phonemic cards,
chain drills substitution exercises, audio and
video languages games, jumbled exercises,
rhythmic drills, video films, oral - aural
practice (Elementary learners), use of language,
laboratories, dramatization, role play, skit
play, pair group, activity, have come into
existance.
This fact can not
be denied that teaching of formal grammer is a
cruelty inflicted upon tender nerves but in
modern approach formal grammar is taught in an
informal may like editing of passages, ordering
of haphazard and jumbled sentences, slot filling
with various lexical items as in the new CBSE -
Xth class syllabus. Let the teachers start with
main and modal auxillaries and then switch over
to the complicacies of grammer not emphazing the
traditional and descriptive rules but
prescriptive rules while explaining the functions
of various vocabulary items in their contextual
situations.
To conclude modern
ELT is an activity and a skill with the learner
as a centre of activity and the teacher as a
motivating force to explore the hidden talents of
the inquisitive user to make language interaction
a fun rather than a cumbersome activity.
|
Australia:
Spank Your Child and Go to Jail
By Neena Bhandari
While most parents
today are against spanking their children, a
majority of them continue to do so. But now a new
legislation underway in Australia puts limits on
the extent to which parents can hit their
children.
The Crimes
Amendment (Child Protection-Excessive Punishment)
Bill states that punishment using physical force
is not 'reasonable' if the force is applied to a
child's head or neck. Force is also not
acceptable if applied to any part of the body in
a way that could cause harm that lasts more than
a short period.
The new law would
be effected when a parent or carer is reported to
the police and charged with assault. Penalties
range from a maximum of two years if parents are
convicted of assault to a maximum of 25 years if
parents are convicted of assault leading to
grievous bodily harm.
While people from
the medical, child protection and legal fields
are supporting the new legislation, religious
organisations and parents' bodies are opposing it
saying that it is undue interference in family
life and impinges on the right of parents to
discipline their children.
Welcoming the
legislation, Attorney-General Bob Debus says,
"It is not about Parliament stepping into
the family home. The new law is 'common sense'
and protects children from excessive
violence."
For parents like
Sally Johnston, smacking is an inconsequential
component of bringing up children. She regularly
hits her daughter with a wooden spoon, probably
abiding by the adage 'Spare the rod and spoil the
child'.
No one would
dispute that it is the responsibility of the
parents to teach their children self-discipline.
Sometimes, smacking a child is the only answer,
writes psychologist Toby Green, but cautions that
spanking should only be a training tool to teach
the ability to internalise control.
Most beatings
occur when the parent or carer is angry, upset,
simply embarrassed in public or when their
patience has been stretched too far. Many
situations with which parents are all too
familiar may now enter the realm of law:
Eleven-month-old Jessica refuses to eat, throwing
her plate on the floor. Her father keeps trying
various foods, but after a while, she spits on
him and on herself. This infuriates the father,
who jams a spoonful of food between her closed
lips, badly splitting the bottom lip and also
hits Jessica with the spoon bruising her head and
right ear. Under the new Bill, Jessica's father
could well be liable for prosecution.
Opponents to the
proposed legislation say it would increase the
number of reports to the Department of Community
Services and result in parents being charged
needlessly. It would undermine parental
confidence, as people are already fearful of
disciplining their children, they say.
Yet, proponents of
the Bill argue that cases of children suffering
bruises, burns, fractures and head injuries are
common in children's hospitals. Society's
recognition of a parent's right to beat a child
creates a fertile environment for serious abuse,
they maintain.
Commenting on the
Bill, Bev Baker of the Federation of Parents and
Citizens Association says, "This is an
exceptionally important step, but under the
amended Bill, parents can use an implement like
an open spoon. I really don't think this is a
good message. It is absolutely essential that as
a society we recognise that children have the
same rights as anyone else and no one should be
allowed to use physical violence on them or cause
them pain in the name of discipline."
A significant
number of parents like Sandra Russell-Floyd have
made a conscious decision never to hit their
children. "Smacking children is not only
ineffective and potentially damaging, it
infringes basic human rights," says this
mother of eight-year-old twins.
The United Nations
Convention on the Rights of the Child, ratified
by Australia, is unequivocally against physical
punishment of children. Countries like Sweden,
Finland, Denmark, Norway, Austria, Cyprus,
Croatia, Latvia, Germany, Italy and Israel
already have a statutory or judicial ban on
physical punishment of children.
The legislation in
Australia has had a peripatetic history. Upper
House MP Alan Corbett of the Better Future for
Our Children Party, had first introduced a Bill
in 1997, but found insufficient support. He
introduced the present Bill last May, but
government and opposition indifference doomed it
until it received a new lease of life from State
Parliament's Standing Committee on Law and
Justice.
As Louis Schetzer,
Principal Solicitor, National Children's and
Youth Law Centre says, "I see it only as a
first step for it still falls a long way short of
preventing or criminalising what is essentially a
form of assault against children. It is an
important stand against the culture and concept
of child rearing and parenting and ensures that
children do not become victims of excessive abuse
and punishment from their parents and
guardians."
The legislation
clarifies what until now has been a grey legal
area around the defence of assault known as
'reasonable chastisement'. As Commissioner for
Children and Young People, Gillian Calvert
opines, "It helps distinguish the difference
between discipline and punishment that goes too
far, providing guidance to parents about what is
acceptable and protecting children from excessive
punishment. Parents identify discipline as one of
the most stressful aspects of parenting. The new
law benefits both parents and children."
Defending his
Bill, Corbett says, The legislation is not out to
criminalise or punish parents. Instead, it gives
them some sort of guidance as to what is
acceptable. I am disappointed that the Bill will
no longer spell out to the community that hitting
a child with any implement, such as a belt or a
stick, carries far greater risk of injury to the
child than the use of an open hand. This aspect
must be covered in the education campaign, which
is promised to precede the enactment of this
legislation in 12 months."
The Bill may not
change attitudes, but even if it succeeds in
making some parents think twice before raising
their hand or consider modifying their harsh
methods of discipline, it would be a step forward
in protecting and respecting children in a
civilised society. (WFS)
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