Get rid of steps, build a smooth ramp

According to Persons With Disabilities Act, 1995, all public buildings must be so designed as to give easy access to disabled people. But the law has been in existence for 18 years and instead of making things easier for the disabled, every new public construction seems to be achieving the opposite. Here is one example.

The photo shows the southern entrance to Devaraja Market. After the remodelling of the area around the Dufferin Clock, they have put steps which makes wheelchair access impossible. They have even botched up the steps by leaving a gap in the middle. Several abled people have sprained their foot (and some might have broken it too) by stepping into this gap.

Vishwas Krishna, Mysore Grahakara Parishat

Some problems faced by Railway users at Mysore

Mysore Grahakara Parishat has written to Ashok Kumar Mital, General Manager, South Western Railways, Hubli with a list of major problems faced by railway users at Mysore.

For the last several years, MGP has been raising these issues through the Divisional Railway Users Consultative Committee (DRUCC), but with very little success. MGP had also written to the DRM, Mysore, but did not even receive an acknowledgment. Therefore, MGP has written to the GM in the hope that some action will be taken on these pressing problems.

In the letter, MGP has requested the GM to intervene, set right the course and bring about visible and real relief to the public.

Major problems faced by railway users at Mysore, classified into station-related, train-related and TTE-related problems, are as follows:

A. Station - related: 
1. Parking problems on both sides of the station, excess charging, no display board for charges or guidance for long and short time parking.
2. Long queues in the morning on both sides of the station, especially the western (CFTRI) side where a single window serves for more than 5 trains in the morning.
3. Lack of toilets, drinking water, seats, fans, and kiosks for emergency requirements of water, medicine, travel paraphernalia etc. especially on the western (CFTRI) side.
4. Passengers using wheelchairs and many elderly passengers can not use the foot overbridge. They can cross the tracks to exit only at the end of the platforms. This crossing has no protection from sun and rain.
5. Battery-operated vehicles are under repair most of the time. When they are available, the driver and the porters fleece the passengers.
6. Lack of lighting along platform numbers 4-6, making them unsafe.
7. Lack of electronic signboards indicating AC, sleeper coaches etc. on trains.
8. Lack of public announcements about reserved coach locations, restriction of travel on certain trains (especially superfast trains which entails heavy fine and no remedy), availability of facilities for special category of persons, safety warnings, etc.
9. Lack of information about availability and location of rest rooms, cloak rooms and retiring rooms.
10. Water mains between tracks are perennially leaking.
11. SMS-based complaint monitoring and redress system on the lines of South Central Railway and Northern Railway is not available. Senior DCM, Mysore assured that such a system exists, but we have not been able to find it.

B. Train - related:
1. Trains to Nanjangud, Chamarajanagar, KR Nagar and Hassan are not synchronized with arriving trains from Bangalore and vice-versa.
2. Connecting trains do not arrive and depart on adjacent platforms, leading to unnecessary climbing of stairs with luggage.
3. The present timings of the two morning trains to Nanjangud are not traveller-friendly.
4. The double track between Chennapatna and Bengaluru is not used to speed up trains between these two stations. It can also be used to run local trains between these two stations to reduce heavy crowds in Tippu and Chamundi Expresses.
5. Since Chamundi and Tippu Expresses are heavily crowded, additional trains can be introduced.
6. Poor quality food in Shatabdi from Mysore to Bangalore.(no hot beverages and no choice).
7. Badly maintained toilets and wash basins in most trains.
8. The train to Mangalore opens for reservation three months ahead and is booked full within a week. This indicates that more trains need to be scheduled to Mangalore.
9. Some express trains to Bengaluru take 3 hours while others take 4 hours - which is the same as a passenger train - but still charge express fare.

C. TTE - related:
1. People without reservations routinely occupy reserved seats and in such cases, the TTEs do not provide any help to people with reservations.
2. Many TTEs can not speak Kannada and this limits their usefulness.
3. Seats are "reserved" by means of bags, tiffin boxes, hankies etc. by friends of passengers who come at the last moment and the TTEs are unhelpful in enforcing a "First come, first seated" principle.
4. TTEs do not control unauthorized hawkers and beggars.
5. RPF do not assist the TTEs in enforcing the law. They are also not locatable nor helpful in case of theft, harassment, fight, violence etc

The list of problems was shorter a few years ago and it has been growing every year indicating that the administration is not taking an activist role is solving the problems. Instead of having a "Can Do" attitude, the administration is frequently using railway policy as an excuse for not taking any corrective measures. DRUCC was started with the idea of discussing and finding solutions to such problems, but the lack of seriousness in its meetings is disappointing. The meetings are not conducted in a professional manner and the issues discussed by DRUCC drag on for ever due to lack of initiative by the authorities. The non-stop stream of letters in the local newspapers by the public about the problems they are facing is a clear indicator of how the problems are getting out of hand.

R.Chandra Prakash and B.S.Shankara, Mysore Grahakara Parishat

Photos from the May 2013 issue of Grahaka Patrike

(Dr.Bhamy V.Shenoy)
Mysore city was recently crowned the second cleanest city in India. But there is garbage everywhere in Mysore

 (Dr.Bhamy V.Shenoy)
Many garbage bins are regualrly overflowing, but MCC never thinks of placing more bins. Since much of the garbage is outside the bin, it gets blown by the wind and dirties the whole neighbourhood.

(Dr.Bhamy V.Shenoy)
Burning garbage is illegal, but MCC staff regularly do it. This tree has been almost killed by burning garbage.

(Vishwas Krishna)
MCC has constructed seats around the Dufferin clock tower, but no shade has been provided. So there is very little use for these seats.

(Vishwas Krishna)
After remodelling, the level southern entrance to Devaraja Market has been replaced by steps. These steps violate the Disabled Act. The gap in the steps has caused sprains and fractures among the abled also!

A Rip-off Called UPOR

The state government has introduced a new document called the urban property ownership record (UPOR) and made it compulsory for any transaction of the property. It costs between Rs. 300 and Rs. 1200 depending on the size of the property. It appears to be a new way for the government to make money at the expense of the people.

The UPOR seems designed to the jobs of two documents, the title/lease cum sale deed (given by MUDA) and the No Encumbrance Certificate given by the sub-registrar's office. Why a new document is needed is not clear, especially when it has the following problems.

1. As the UPOR itself says, it was issued under Rule 83(1) and 84(4) of the Karnataka Land Revenue Rules, 1966. These rules mandate that the measurements will be done by a survey officer appointed by the revenue department. In some UPOR documents we have seen, there is a column "Plot area as per documents". Such a column violates Rules 83(1) and 84(4) of the Karnataka Land Revenue Rules, 1966, since the area is not based on measurements made by the revenue department.
 If Rules 83(1) and 84(4) of the Karnataka Land Revenue Rules, 1966 are strictly followed and the dimensions are measured by a survey conducted by the revenue department, they may not match the dimensions on title deeds!

According to the courts, the title deed is the definitive proof of the dimensions of the property. What then is the value of UPOR when it comes to site dimensions?

2. The UPOR gives the "cadastral map" of the property. According to the dictionary, cadastral map means "a public map of the land as a basis of taxation". But Mysore City Corporation assesses property tax based on its own maps made by its own surveyors. The registration fee and the stamp duty charged by the sub-registrar's office in property transactions is based on the title deed given by MUDA and not on the basis of the cadastral map. So, in what sense is the map of the UPOR cadastral?

 3. As it is, we have two important documents, MUDA title deed and MCC khatha record referring to site dimensions and in many cases, they do not agree with each other. Why muddy the waters even more by introducing another document, the UPOR map which may not agree with either of the above?

 4. Some of the information given on the UPOR is based on the statement of the owner. For example, if an encumbrance is created on the property or if there is a legal dispute on the ownership of the property and the courts have issued some orders, the UPOR is not automatically updated. If the owner of the property does not disclose this information, it does not get on the UPOR. Since it costs money and effort to update this information, what incentive does the owner have to disclose the information? If the UPOR is not up-to-date, what is its use?

 As of now, it is learnt that the sub-registrar's offices have not received instructions to make UPOR compulsory for property transactions. The complete computerization of the registrar's office and the courts and the interlinking of revenue department records with those of the registrar and the courts will take several years at least. Till that time, UPOR will cost Rs. 300-1200 to the public and will remain a fairly useless document.

We have not been able to find any legislation which makes UPOR compulsory for property transactions. Till such a law is passed, the government can not force the citizens to obtain UPORs.

G.L. Nagaraj Urs, Mysore Grahakara Parishat 

No Crisis Yet, But Conserve Water

At the monthly meeting of Mysore Grahakara Parishat held on 14-4-13, a representative of the Karnataka Urban Water Supply and Drainage Board answered quries from members about the present drinking water crisis.

He gave a detailed picture of the storage status in various sources of drinking water, steps taken by the authorities to ensure adequate water supply to Mysore till the next rainy season and contingency plans. There is adequate storage to meet the needs of Mysore this summer, but as a safety measure, water is being rationed.

 Even though there is no immediate danger, the public should do everything in their power to conserve water. They should attend to all the leakages in their houses and call VVWW about leaks in water mains. One can save a lot of water by not watering the lawns and plants every day and not washing vehicles every day. Washing vehicles with hose pipes should be avoided as it wastes a lot of water.

R. Chandra Prakash, Mysore Grahakara Parishat

Display of Information in PDS Shops

According to Sec. 5 of the Annexe to the Public Distribution System Control Order, 2001 (and the Karnataka Essential Commodities (Maintenance of Accounts, Display of Prices and Stocks) Order, 1981, issued under Sec. 3 of the Essential Commodities Act, 1955), every PDS shop must display information on a notice at a prominent place in the shop on a daily basis regarding (a) list of BPL and Antyodaya beneficiaries, (b) entitlement of essential commodities, (c) scale of issue, (d) retail issue prices, (e) timings of opening and closing of the fair price shop, (f) stock of essential commodities received during the month, (g) opening and closing stock of essential commodities and (h) the authority for redressal of grievances/lodging complaints with respect to quality and quantity of essential commodities under PDS. Every PDS shop must also display samples of food grains being sold by it.

It is surprising that most PDS shops are not complying with these conditions of licence. The shops are also not issuing itemized receipts to the customers. So the customer has no way of knowing if he has not been charged too much. As a result of these derelictions of duty by the PDS shops, the customers are being put to great difficulty.

Mysore Grahakara Parishat has written to the Director, Department of Food & Civil Supplies, Mysore to immediately issue instructions to all PDS shops to comply with the conditions of licence and to issue itemized receipts to customers.

Asha Vombatkere, Mysore Grahakara Parishat 

Photos from the April 2013 issue of Grahaka Patrike

(B.V.Shenoy)

World Consumer Day (15-3-13) organized by MGP and Bahadur Institute of Management Studies, Manasa Gangotri. Food adulteration detection demonstration

(B.V.Shenoy)

World Consumer Day (15-3-13). Presentation on depletion of ground water 

(R.Chandra Prakash)

Public interaction held by Telecom Regulatory Authority of India on 25-2-13. MGP participated in the interaction.

(B.V.Shenoy)

Since roads do not have proper camber, rain water runs on the streets eroding them. These gullies are dangerous to traffic

Some Suggestions For MCC For The Summer

The summer is upon us and as usual, Mysore is facing a water scarcity. MGP has written to MCC Commissioner with the following suggestions to tide over the crisis. 

1. MCC should arrange for regular surprise checks during early mornings ward-wise to report back on wastage/misuse of water. The team should report leakages in water mains, overflowing of overhead tanks, taps which are not shut, etc. Action can be initiated under Sec. 208 of the Karnataka Municipal Corporations Act against wastage/misuse of water  

2. MCC must address, on a war footing, the problem of defective water meters.   

3. Many residential and commercial properties have borewells and they are misusing the borewell water wastefully. This water belongs to everyone just as rivers and tanks and  a few moneyed individuals should not be allowed to exploit it just because they have the money. These borewells have been dug without obtaining permission from MCC which is mandatory under Secs. 300 and 312 of the KMC Act. Action must be taken to close these borewells unless they are fitted with meters and the owners levied a suitable tariff based on the consumption.

Sreemathi Hariprasad, Mysore Grahakara Parishat 

Don't Pay For Shifting Of Meters

As the public is aware, Chamundeshwari Electric Supply Company (CESC) is replacing ordinary electric meters to digital electric meters all over the city. This is being done under the Restructured Accelerated Power Development and Reform Programme of the Central Government. The work is nearly complete and in the next phase, CESC will the be shifting meters from the inside of customer premises to the outside. Nearly 50% of the customers have their meters inside their premises and it is difficult for the meter readers to access them. The work of shifting will be probably given to private parties.

Since the work of shifting meters is funded by RAPDRP, the customers will not have to pay anything for the work. There were complaints that the private parties in charge of replacing meters were collecting money, which is illegal. The same thing may happen in shifting the meters also. The customers should not pay any money for the work.

B.V.Shenoy, Mysore Grahakara Parishat

Heavy school bags and the Law

It has been reported in the media that a meeting was held in Mysore recently in which the problem of heavy school bags was discussed. It is reported that the harmful effects of carrying heavy school bags on the health of the children were discussed as well as various possible solutions to the problem. But it appears that the legal aspects of the problem were not discussed at the meeting. The purpose of this article is to fill this gap.

Over several years, Mysore Grahakara Parishat wrote to the state government about the problem but nothing happened. In fact, the bags seemed getting bigger every year. We then consulted the noted High Court advocate X.M.Joseph and he suggested filing a Public Interest Litigation in the High Court. One of the Directive Principles of the Constitution (Article 39f) mandates that "children are given opportunities and facilities to develop in a healthy manner". It is well documented that carrying heavy school bags affects the physical (and also mental) health of school children and forcing children to carry heavy bags is a violation of this Directive Principle. According to Article 37 of the Constitution, Directive Principles "are not enforceable by any court of law". Even though Directive Principles are not strictly enforceable, the Supreme Court in the last few decades has continuously expanded the scope of Article 21 of the Constitution (Right to Life) so that many violations of Directive Principles were also interpreted as violations of the Right to Life. Thus several Directive Principles have been given essentially the status of Fundamental Rights by the Supreme Court. It is significant that in one decision ((1984) 2 SCC 244), the Supreme Court has ordered the government to follow the Directive Principle 39f mentioned above. Encouraged by such activist interpretations by the Supreme Court, especially with reference to Article 39f, MGP filed a PIL on the school bag issue against the State Government in the Karnataka High Court in 2001 (No. 1969/2001). It collected the results of various scientific studies on the (present and future) harmful effects of carrying heavy loads on the mental and physical health of children and placed them before the court. Advertisements were placed in state level newspapers in Kannada and English asking private schools to become, if interested, parties to the suit. MGP's PIL was decided on 8-2-2002. Unfortunately, the High Court declined to take an activist position on the issue and refused to interfere. The following is the full text of the judgment given by Chief Justice N.K. Jain and Justice N.Kumar.
"1. This P.I.L. is filed to direct the respondent to regulate, prevent and ensure that the school going children in Karnataka do not carry heavy loaded baggage to school so as to prevent physical and mental health hazards among school going children in Karnataka.
2. We have heard the learned counsel for the petitioner and perused the material placed on record.
3. It is within the dominion of the Government and the school authorities to prescribe a syllabus for a particular class and this Court cannot issue any direction to reduce the books which are necessary as per the timetable and according to the syllabus prescribed. It is upto the government and the Education Department to consider this aspect and for that the petitioner is always free to make a representation and suggestion to the Government regarding the required books and the syllabus. If any representation is made, Government is always free to consider the same and dispose of in accordance with law. No direction can be issued in this PIL.
This PIL-petition is dismissed."

Even though MGP knew that the prospects were not bright, it followed the suggestion of the High Court, held a meeting with school teachers in Mysore, collected their recommendations to ameliorate the heavy school bag problem and forwarded them to the state government. As expected, it did not receive any reply.

Anyone who is seriously concerned about the issue might try to file another PIL on the above lines. It is possible that the present Court may be willing to take a more activist position.

H A B PARPIA, Mysore Grahakara Parishat