Supreme Court Lifts the Fresh Ban on Dance Bars and Other Issues

If the legal battle on Dance bars ends in a decision that will seem to favor traffickers and pimps, the Maharashtra State Government must blame its own arrogance, non consultative and over confident style of handling this battle and operational and intellectual isolation and a its singular obsession with obscenity. The State Government’s Legal Amendment of June 2014 which enforced the ban on dance bars has been stayed by the Supreme Court of India on 15th October 2015. Although the interim order has kept the hearing for November, the law has little chance of survival as the State government has failed to do its their homework and build evidence to back its premise.

Despite the fact that it has been the anti-human trafficking organizations who had sought the ban, facilitated a conducive public opinion across party lines and actively supported the government, the state on its part has reciprocated with a non-inclusive, non-consultative stance viz a viz the anti human trafficking organizations. The resulting debacle is now for everyone to see.

Linking It Right: How DNA Testing Can Help Mumbai's Missing Children

DNA Testing can protect children used for begging. But certainly not in the way that the Maharashtra government proposes. Dr. Pravin Patkar responds to the recurring issue of policy proposed by the Govt of Maharashtra. (http://www.dnaindia.com/mumbai/report-maharashtra-government-planning-to-test-dna-of-beggar-children-2058534)

The DNA Proposal

The Government of Maharashtra proposes to carry out DNA tests on the children used for begging and on persons in whose custody these children are found. It claims that the procedure would conclusively reveal if the latter are the biological parents of the child or not. If they are found to be unrelated, the government proposes to trace the parents through an online DNA database and thus, reunite the children with their families. This is not for the first time the govt has announced its intention to bring about such a policy. The proposed policy option needs to be properly understood as it is being announced repeatedly and may be taken up for formal approval.

Barring a few people who have raised their eyebrows over the idea that someone’s DNA report will be collected and stored by the government in its data bank apparently there is not much objection to the idea of DNA testing per se. Considering the seriousness and rising number of the cases of ‘missing and found but untraced’ children mostly belonging to certain weaker and vulnerable sections of the society as well as the technological superiority and indispensability of DNA matching the vague objection to creating a DNA data bank might not get much attention. Nonetheless it may be stressed at the outset that DNA data being sensitive must be handled carefully and responsibly.

At face value the idea looks noble and appealing. On closer inspection it will be clear that it is vague and full of defects and gaps. What must be appreciated is the announcement of the State’s desire to do something about the issue of children used for begging. Although in its current form, it is naïve, poorly conceptualized, and based on incorrect presumptions.