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 .....more

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.......more

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...
more

Uncertain uncertainties galore!......
Yours Randomly

Dr. R. L. Bhat
Ever since Sartre's No Exist came out the world had been grappling with the..
more

English language
teaching - A Review

By K. L. Dhar
When India got freedom, the then Prime Minister, Pt Jawahar Lal Nehru thought ...
more

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......
.more

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 Delhi’s 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 wouldn’t blame Pant if he returned to Delhi empty-handed. Blame, if he must, it’s 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 master’s 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 that’s what the Hurriyat had been insisting upon before Vajpayee chose to invite Musharraf. And that’s why you find the Hurriyat saying, after Pant’s 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 Pant’s 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 Pant’s 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)

 



|
home | state | national | business | editorial | advertisement | sports |
|
international | weather | mailbag | suggestions | search |
subscribe | send mail |

timer