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Q.

Govt. Officials are being deputed in various activities to conduct the poll either in General Election or, in Municipal / Gram Panchayet Election Under the Peoples' Representative Act ! Despite unwillingness and incapableness of many, they are mostly compelled to perform the assigned duty ! Now my question is whether it does not hamper the interest of the fundamental right of the citizen ? Further, can't the Law be amended refraining the Handicapped and the Govt. servants beyond the age of 50 years ? I expect experts' comments too. Regards.

Tags: money, law, education
Asked by ashis, 31 May '10 04:27 pm
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Answers (12)

 
1.

The responsibilities vested on you will shape your thinking.
When a patient goes inside an O.T, his/her relatives behave in a way as if their case is unique. But for the medical staff including the doctor, it is just another case. Without this little indifference, one cannot run a show, list of all a successful operation.

I am always sympathetic to the medical cause of over fifty people. But many of these people tried all their tricks to avoid election duty when they were 25. These people find faults with others including the political leaders, governments, people and constitution, but when it comes to the question of their own contribution or activities in the biggest democratic operation, they become medically invalid. Earlier a simple request would have been enough, not to avoid an election duty. But, later, the number of unwilling people have grown manifold making it almost impossible for the election holding authorities to do a smooth job. They have become ruthless and the r ...more
Answered by soumyen sarkar, 31 May '10 10:38 pm

 
  
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2.

Fundamental right of a citizen is not applicable here as many rules with the approval of the highest Institute viz Parliament has been framed and accordingly the Election duty/ Census duty is included automatically in their nature of duty to be performed. If any exemption is required, it has to be sought through Courts only. One such exemption, I am aware of is the Supreme Court's ruling that teachers should not be given Election/Census duties when the School is in session.

Regarding exemption of people above 50 years: The duty is purely of sedentary nature and this argument will not hold much water. The duty has become strainuous only due to polling booths turning into battle grounds. I think such sensitive areas had been identified and security tightened. Above all the citizen himself is to be blamed for sending such inhuman to parliament/ state assembly/ corporation/ municipalities/gram panchayat.

In India we always try to find loop holes in any rules/ regulations, so really ...more
Answered by MajorVLoganathan, 02 Jun '10 10:09 am

 
  
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3.

I fully agree with you. There should be an option sought whether a person is willing to do that duty or not.
Answered by Mitali Choudhury, 01 Jun '10 04:12 pm

 
  
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4.

I think Govt servants should not be utilized for poll duties as convention. We need to engage NGOs , Organised social sectors for this work who will do unbiased work
Answered by saranathan Narasimhan, 01 Jun '10 04:08 pm

 
  
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5.

Todays workplace has become heartless and soulless. Employees are seen as units of labour, automatons, functionaries, objects for achieving designated tasks, and as costs to be minimised.I believe we should try to move away from the vocabulary and attitudes which shape the stereotyping of developed and developing country approaches to human rights issues. We are collective custodians of universal human rights standards, and any sense that we fall into camps of accuser and accused is absolutely corrosive of our joint purposes. The reality is that no group of countries has any grounds for complacency about its own human rights performance and no group of countries does itself justice by automatically slipping into the victim mode
I have come across many cases , my colleague's wife was on labour pain yet he was forced to attend the election duty. Is it not inhuman attitude of Govt. They would have made alternative arrangement, but no he has to heed to the dictators. There are many umptee ...more
Answered by jameel ahmed, 01 Jun '10 01:18 pm

 
  
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6.

Work is more, people serving for the people is less. To get all work done, officers from various sectors in Govt. are being deputed to work done fastly.
regarding Handicapped employees, i submit that they are being given handicapped allowance, as well as some concessions while in travelling. They too are employees as was like others, age is not the criteria . It is not the fundamental duty which work to do or which not to do. Before, joining in service of the Govt. they must know all types of services has to be done. No questions of individual willingness in govt. All work is work to the people., whether they will or not, has to work to complete the entrusted work to them. If a person is working on his last day and if he was entrusted the work also, he must able to do it. Government service is service to the people. No law is beyond and against welfare of the people.
Answered by mohd yousuf, 01 Jun '10 01:14 pm

 
  
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7.

I do not see how the fundamental right of a citizen is hamprered by being deputed for election duty.Though I fully agree that handicapped people or pregenant ladies may be exempted from such duties, which I feel musr be being taken care of.Secondly 50 years is also not a very ripe age and maximum people are quite active at this age.When the govt. serrvants retire at the age of 58 , then why should they ask exemption here after 50? If given a choice , perhaps no one will like to take up this duty , but then someone has to do it.
Answered by HEMANT MEHTA, 31 May '10 09:12 pm

 
  
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8.

Mostly State Governments employees are deputed. Central Government employees were rarely deputed. Even here mostly from Administration and Accounts side staff were drawn. Some of my engineering colleagues in Door darshan wanted to perform election duties but they were not getting chances.
In our country everything need to be redefined including the above act and our Democracy too.
Answered by sankaran subbiah, 31 May '10 06:32 pm

 
  
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9.

Govt. servants are famous as shirkers. The majority are idlers who hardly do anything cosntructive or positive during their tenure of service.
This duty is also not liked because even for one or two days they are forced to suffer working.
However, there are exceptions...always...and it would be inconsiderate and inhuman if handicapped staff are forced to do rigorous duty and that too in places where medical assistance or care may not be available.
Its not a question of fundamental right...its a maater of humane considerations.
Answered by prasoon, 31 May '10 05:21 pm

 
  
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10.

This is the law of the country and it will not be changed just because you and me dont like it. my wife is doing census duty and election duty, both at one time. we have appealed to both the authorities in writing, but they are not willing to take back the dutied assigned.
re your second obection i also agree with you that people above, 50, especially ladies, should not be given such duties. it is fully inhuman. we have pointed this out this lacuna to the election officer ( sdm rank ) but they are not willing to listen to our suggestion.
third point of yours re handicapped person. if some one prooves that he/she is physically handicapped and has a medical certificate to proove that, the applications are accepted and such people are exempted from election and census duties. even those who are retiring within six months are also not being given such duties.
Answered by iqbal seth, 31 May '10 04:37 pm

 
  
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