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Childrens' right to play

(Querist) 03 November 2014 This query is : Resolved 
respected sirs,
one and a half year back i moved to live in a CGHS(cooperative group housing society). i was very happy to find a small but dedicated park for the kids to play ....but overtime i came to realise that it is mere an eyewash. we have 2 parks inside the society premises. big one for adults, small one with swings for kids. the managing committee is mainly 2 old retired govt servants; always foul tempered and illmannered when asked any question. they do not let(even yell, when around) the kids to play in the big park. the small kids' park is treated as dumpyard. leaves and garbage burnt there and once dumped, the garbage(including debris, wires, leaves etc) is left there for days to prevent the kids from playing there. i was told that it is done on purpose. the light in big park is never switched on lest the kids use it(as it is difficult for them to keep an eye on the kids at that time). also, the big park is always empty as anyone hardly uses it. it is maintained regularly but the kids' park isn't. is there any way that till the next elections, they can be refrained from such discouraging activities.the kids are forced to play in the dark alleys of the society...
Sudhir Kumar, Advocate (Expert) 03 November 2014
Story of RWA is similar every where. In addition start popular campaign and get this RWA voted out. Most of the office bears are retired petty Govt officials from low level, non-decision making gazetted posts or even below, who had throughout life been half slaves and power starved and after retirement are agile and of no other use to their family and not worth any respectable job. Or else they are young property dealers giving impression of muscle power from nearby village. They both have a common strength of having ample spare time. They have a common weakness of not being able to keep proper account of the RWA Money and not able to get a proper audit. They are always open to the challenge of embezzlement (even if they have not done). As a policy they do not like to share the copy of registered constitution of the RWA.

They are more active in RWA where there is no big temple and their greed for power is not satisfied in temple fund. They have a common habit of not being aware of law and common tendency to argue on the basis of law when other person does slightest error. They always argue illegality of election when voted out.

Some of them have rehearsal in office bearers in Govt colony before retirement. But during those days they cannot behave like such imprudence as till them they are boundby service norms and RWAs of Govt colonies are controlled by Govt and not by Registrar of cooperative societies. They are always very courteous to those residents whom they believe to be well placed/ well connected and pay utmost regard to him. Some of them may be teatotallers and may also be wine addicts. It does not make much difference on their bahaviour.

They have a common rudeness with guards, laundry woman, maids, gardeners, car washing boys, plumbers, vegetable vendors, kabari, electricians, carpenter, milkmen etc, priest of local temple etc who happen to visit colony for a living. At times they are their milch cows. Delivery boys of restaurants to not scum to them because of support of large company. In any case the Postman is public servant so forget to harass him. Each report of theft of bike or car stereo is a boon for them so that they can derive more sadistic pleasure in more harassing the residents and workers in the name of “security” and threaten any resident of reporting against him to the police. I have also seen them to obtain written complaints from poor guards and giving police complaint of robbery of personal cash and then getting rebuked by police.

Falling out of definiation of Public servant in Prevention of corruption act they cannot be charged under PC act for embezzlement or bribery. Booking such persons in charge of extortion or fraud is generally avoided by the residents.

In case some poor person has slightly jumped the municipal law and converged part of his dwelling unit into grocery/ stationary short etc then they have a right to behave with him the way a madari behaves with monkey. Even poor woman doing petty stitching jobs from flats are at times harassed. They do like to harass the tenants but do not venture much because since they have no permanent stake the tenants do not mind slapping/beating them and even calling police. I have heard them at times helping the tenants if they intend to grab the flat.

Simply because of grey hair some people like you choose them to represent and they start feeling like Feudal lords. They enjoy sadistic pleasure in such acts and generally do not have any moral or financial backup to face the litigation. However as long as office bearers the police/MCD/Local DDA officers if not very smart are likely to be influenced by them.

It is lucky that they have not been given sovereign powers like village panchayat.

If you are not able to tame them in time they will hold entire society to ransom.
Devajyoti Barman (Expert) 04 November 2014
If common area of the society is not allowed to be used by the members for the purpose it was built you can lodge complaint with the Registrar of Society who would pass necessary direction.
Sudhir Kumar, Advocate (Expert) 04 November 2014
No solution is possible unless you vote them out. Voting out such Sr citizen rogues following the following phases.

(i) they do not agree for election. One has to take Herculean steps and even complaint to registrar.

(ii) they do not show constitution copy to anyone and one has to obtain from registrar office and to see the provision and periodicity of elections.

(iii) they try to manipulate the voter list.

(iv) They appoint returning officer of their wish, if not opposed by general body.

(v) when election process starts these semi-literate buddas (till yesterday claiming that they do not know laws) suddenly gain legal knowledge and each one of them become attorney.

(vi) they allege bias on Returning officer when defeat is near.

(vii) when lost elections they allege illegality of elections and refuse to hand over document.

(viii) they decline every gentle plea of new executive to hand over the documents and finanace. However when some assertive semi-goon type resident gets frustrated and threatens then they forthwith hand over documents to new body.

(ix) they stop attending common functions.

(x) now when outside the power they just sit on the "pulia" outside gate and stare women with they old dried eyes.

(xii) They would just not go to the bank for change of signature of new executive and new executive will give application to bank.

(xiii) cash in hand which is not deposited in bank, till the time of election, is anyway theirs.

P. Venu (Expert) 04 November 2014
Children have the right to play. You may bring the matters to the notice of the NCPCR, National Commission of Protection of Child Rights and endorse a copy to the Managing Committee.

This step is bound to have a salutary effect.
ajay sethi (Expert) 04 November 2014
you should send complaint letter signed by majority of members to Managing committee . if no action is taken requisition EGM to consider said issue . when playing facilities for children are available children should be permitted to use them
Swaty Gupta (Querist) 06 November 2014
thank you sir(s), i appreciate your good advice and start following it immediately. thank you very much.
Sudhir Kumar, Advocate (Expert) 06 November 2014
I have told you the course ahead and the hurdles you will face. please update later how correct I am proved to be.
V R SHROFF (Expert) 06 November 2014
Agreed with Sudhirji,

Devajyoti Barman (Expert) 06 November 2014
you are welcome.....
T. Kalaiselvan, Advocate (Expert) 07 November 2014
A very good observation and perfect opinion by expert Sudhir Kumarji on the events that actually take place these days in such places. He is absolutely right that the retired persons/owners who by the virtue of their age and influence absorb such vital posts in the association and start behaving in the manner very well explained by the above expert.
You may follow the suggestions made by exerts to solve your issues.

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