AGE NO BAR

AGE NO BAR 

Herald Review May 18, 2014 

It’s not just about bars staying open till 4 am so we can keep the tourism industry ticking. Very rarely has the debate on drinking in Goa focussed on the drinking age and enforcing the law that prohibits anyone below the age of 21 from buying a drink at a bar or liquor from a store. The medical fraternity says younger people are now dying of severe liver damage. The very fact that the state’s excise department has not a single case booked against those selling liquor to the underaged, shows how blasé the government is about enforcing the law, something the state of Maharashtra can put us to shame about. And so we can continue to look the other way as 15 and 16- year- olds saunter into the scores of nightclubs and pubs in Goa and nonchalantly pick up their next drink...

LISA ANN MONTEIRO

The government has been under pressure to cut down bar timings following the sword attack on two men outside the Panjim pub Down the Road last month. One of the victims lost an eye in the attack, the other, was lucky enough— by a few centimetres— to have escaped having his life severed. What nobody is talking about however, is that 15 and 16 year- olds are allowed to drink in a nightclub, bar, restaurant— or anywhere for that matter— in Goa, and no one seems to think the law on drinking age needs to be enforced.

There’s no passing the buck here because the law is quite clear: Section 19 of the Goa Excise Duty Act 1964 prohibits the sale of liquor to those below the age of 21 years. Unfortunately, the rule has remained on paper only.

The State Excise Department has been utterly passive in enforcing the rule.

The department says it hasn’t booked anyone till date for selling liquor to a minor. The worldwide practice of asking a young person to produce an ID before buying a drink is nonexistent in Goa. And so, as is the trend here, anyone below 21 can freely stroll into a pub, walk up to the bar counter and ask for a drink. No questions asked, no ID required.

Commissioner of the State Excise Department Menino D’Souza says the rule has never been enforced. “ The law has been there and we’re in charge of enforcing it but we haven’t been proactive. We can’t book the underage youth who is drinking, we can only book the seller. Only if there’s a complaint we look into it. Otherwise restaurant and pub owners say we’re harassing their customers. We’ve never booked anyone till date for selling liquor to a minor.”

The Excise department has given a total of 7,297 licenses in the State. No fresh licenses have been given to bars operating without restaurants. In August last year the government had imposed the 11 pm limit ( it was earlier 5 am) for serving liquor in restaurants and pubs. Those who wanted to keep the bar running till 1am had to pay higher fees. During the Assembly session earlier this year MLAs from the coastal belt complained about this affecting tourism and the timing was extended to 4am by a notification on March 28.

Restaurants pay Rs 10,000 a year for a bar license till 11 pm, Rs 60,000 for a license to operate till 1am, and Rs 2.50 lakh to keep the bar running till 4am. Authorities say this extension of timing is only allowed in the cities of Margao, Ponda, Panjim and Mapusa and in coastal villages. Five star hotels can serve alcohol till 5am. Off shore casinos have a 24 hour license.

Again, the department says it finds it difficult to keep tabs on restaurants that flout the rules and serve liquor way beyond 4am.

Many are thankful to the Manohar Parrikar government for banning sachets of 50ml, 60ml and 90 ml which would sell for RS 5 onwards.

Most youngsters breaking into drinking, before they acquire a taste for alcohol, start with vodka because it has no strong taste or smell. They prefer vodka over beer because it has a lower calorie content and isn’t as bulky to carry. Once they mature, they move on to the coloured spirits— whiskeys and rums. The youth is also lured into drinking with the Breezers, the colourful, sugary, fruit wine based ‘ alcopop’ with its 4 per cent alcohol content. Because of its low alcohol content, most people don’t even consider this to be liquor. The different flavours of vodka are also an attraction to the youth.

Hansel Vaz, a stakeholder in the liquor industry says you can’t give people a license to drink without teaching them how to drink. “ People should be encouraged to drink in moderation and people should be told not to drink and drive. Restaurants should keep the phone numbers of taxi drivers and rickshaws so that guests know they have a way of getting home safely if they drink. Many foreigners want this and taxi drivers will be more than happy. We should also be concerned when drinking in front of children. In New Zealand, even if you have a child in the car with you, a vendor won’t sell liquor to you.

People also shouldn’t be allowed to drink on beaches as these are public spaces and there can be consequences— one can drown and disturb other families and cause a nuisance.

They can drink off the beach but not on the beach.”

He too feels minors shouldn’t be drinking before their time and youngsters should be forced to produce ID cards before being allowed into pubs.

“ The Alcoholics Anonymous ( AA) is doing a great job but they come in after the problem has started. We need to take measures before it starts,” he says.

Psychiatrist Dr Rajesh Dhume says the average age for drinking has gone down. “ Earlier the average age of people who used to come for detox ( detoxification) was 35- 40. Now it is 25- 30 with some one- off cases of 28 and 29- year- olds dying of severe liver damage. The earlier one starts, the higher the chances that one can become dependent. There are also a fair number of women with severe dependency but most don’t seek treatment and are hidden but this doesn’t mean they don’t exist.”

There is the bar lobby and the tourism lobby, he says but at what cost?

A recent case in AA is a 22 year old college going girl who went to Mangalore to seek initial treatment because the government doesn’t have a separate detox centre in the State for women. She would blackmail her parents to give her liquor and would finish one bottle of rum at a time. She is on the path to recovery now after her parents took her to AA.

Another recent case is that of a boy all of 14 years who was admitted to the hospital because he began getting tremors. He began drinking not long after he turned 11. Eulogio G, chairman of the Intergroup South of AA says they have boys as young as 17 who attend regular AA meetings.

“ Most start drinking the small sachets and at weekend parties. They start with Breezers and beer and move on to hard drinks. When they become alcoholics they mostly drink country liquor as it’s cheaper, and all they want is a kick. They avail of government facilities because they have finished all their money. The problem is, which of our religious feasts and festivals are not celebrated without drinking?”

South Goa has 45 AA groups of 10- 15 people each with the largest group in Ambaulim with 40 people. A few women attend these meetings. Due to the social stigma these women are too shy to come out and many die silently in their homes, say AA members.

“ Alcoholism is a powerful, baffling and cunning disease. Unfortunately we don’t see alcoholism as a sickness, we see alcoholics as bad people. We don’t take alcoholism as seriously as other diseases. If a dog dies, we pity it and move it to the side of the road. Unfortunately if an alcoholic is fallen by the side of the road we say he deserves it. Alcoholics need love and they come to these meetings to get hope and find friends,” Eulogio says. Review Bureau

Catching them young

Alcopop refers to flavoured alcoholic beverages that resemble soft drinks.

They fall in the RTD ( ready to drink) category because they are already pre- mixed and are also called FABs ( flavoured alcoholic beverages) in an attempt to downplay their strength and make them seem more consumer friendly. Breezers are rum based alcopops with 4 per cent alcohol content which come in a variety of flavours. Alcopops are especially appealing to underage drinkers because they tend to be sweet and are served in small bottles the normal size of a cold drink. Alcopops are becoming a popular option for young drinkers who don’t enjoy the strong taste of alcohol. These are marketed to youngsters in such a way that reduces the awareness of the alcoholic content of these drinks.

The late- nighters

Establishments licensed to serve liquor up to 4am: Down the Road, Panjim Hotel Salida de Sol, Panjim Butter Lounge- Panjim Bharat Hotel, Canacona Silver Star Hotel, Canacona Etelvina, Bogmalo Trade Wing, Bogmalo Select Holiday, Vasco Park Hyatt, Vasco Club Margarida, Colva St Anthony Bar & Restaurant, Calangute Sea Side Resorts, Calangute St Francis Bar, Calangute Luky Star Bar & Restaurant, Calangute Tropical Bar, Calangute Hype, Calangute Lime light Bar & Restaurant, Calangute De Baga Deck, Calangute Baptista Bar & Restaurant, Calangute Candolim Deck, Candolim Sinq Disco, Candolim LPK Waterfront, Nerul Nine Bar, Anjuna, Mango Tree, Vagator Psychiatrist Dr Rajesh Dhume says the average age for drinking has gone down.

Drinking till dawn

In August last year the government had imposed the 11 pm limit ( it was earlier 5 am) for serving liquor in restaurants and pubs. Those who wanted to keep the bar running till 1am had to pay higher fees. During the Assembly session earlier this year MLAs from the coastal belt complained about this affecting tourism and the timing was extended to 4am by a notification on March 28.

Restaurants pay Rs 10,000 a year for a bar license till 11 pm, Rs 60,000 for a license to operate till 1am, and Rs 2.50 lakh to keep the bar running till 4am.

Authorities say this extension of timing is only allowed in the cities of Margao, Ponda, Panjim and Mapusa and in coastal villages.

Five star hotels can serve alcohol till 5am. Off shore casinos have a 24 hour license.

Again, the department says it finds it difficult to keep tabs on restaurants that flout the rules and serve liquor way beyond 4am.

Excise fails to exercise the law

Section 19 of the Goa Excise Duty Act 1964 prohibits the sale of liquor to those below the age of 21 years. Unfortunately, the rule has remained on paper only. The State Excise Department has been passive in enforcing this rule. The department says it hasn’t booked anyone till date for selling liquor to a minor. The worldwide practice of asking a young person to produce an ID before buying a drink is nonexistent in the State. There’s also nothing stopping those below 21 from entering pubs.

Commissioner of the State Excise Department Menino D’Souza says the rule has never been enforced. “ The law has been there and we’re in charge of enforcing it but we haven’t been proactive. We can’t book the underage youth who is drinking, we can only book the seller. Only if there’s a complaint we look into it. Otherwise restaurant and pub owners say we’re harassing their customers. We’ve never booked anyone till date for selling liquor to a minor.”

In South Africa It's now Environmental Apartheid

Herald Review June 1, 2014

IN SOUTH AFRICA IT’S NOW ENVIRONMENTAL APARTHEID


Desmond D’Sa was one of six recipients of the Goldman Environment Prize, the largest award in the world for grassroots environmentalism. He was instrumental in shutting down a toxic waste dump in South Durban


LISA ANN MONTEIRO 

Desmond D’Sa was only 15 in 1971 when his family along with others was forced by South Africa’s apartheid regime to relocate to South Durban alongside polluting industrial plants. They were meant to serve as cheap labour for the upcoming industries in the area.

South Durban is home to almost 70 per cent of Durban’s industry which include oil and gas refineries, paper mills and agrochemical plants. Some 300,000 people, mostly low- income and working- class live here. When D’Sa saw how his community suffered because of the industry’s toxic chemicals, he risked everything to try and make the place livable.

In 1990, a large waste management company, Wasteman, without taking local communities into consideration, opened a landfill to dump hazardous waste from plants nearby. Large trucks, illegally carrying toxic waste from shipyards, factory farms, oil and chemical factories and medical facilities would drive through residential areas contaminating the ground water.

Locals began to bear the brunt of the toxic chemicals and high cases of asthma, bronchitis and cancer were reported.

When D’Sa started working in the chemical industry, he would see government ambulances driving in and out of the area where he lived at all hours of the day and night. In 1996 he co- founded the South Durban Community Environmental Alliance ( SDCEA) fighting for the right to a safe and clean environment and encouraging locals to do the same.

In 2009 when Wasteman’s Bulbul Drive landfill was reaching its maximum capacity, it applied for expansion of the lease on the landfill till 2021.

Local groups approached D’Sa and he began to help and train them to scientifically measure air quality in their areas without sophisticated equipment.

The bucket brigade was one of his initiatives where a 25 litre bucket and small plumbing fittings attached with a Tedlar Bag takes a grab sample.

The process is complete within 10 minutes and then they parcel the air, sample and courier it off to Columbus Laboratory in San Francisco, USA to be analysed. They would get the results within two weeks and identify the odour in the air at the time of the complaint lodged.

Because of the community’s activism and persistence, Wasteman in August 2010 announced that it was withdrawing its application to expand the toxic waste dump. In November 2011, the landfill shut and ceased all operations.

D’Sa considers this to be one of the community’s most notable achievements.

“ We also made a great impact in educating the South Durban communities about the environment and high levels of toxins emitted by the chemical and petro chemical industry.

People are now fully aware of what causes the health problems they experience.

I have witnessed the abuse of casual labour with many even killed at these facilities, with their families left destitute. It is exactly what South African Professor and apartheid activist Fatima Meer said. “ This is worse than slavery, as the slaves knew their master, but here you have to go to many management structures to find the master.” This hasn’t been easy for D’Sa and the SDCEA financially. “ Gathering the data and providing factual evidence was important and getting those affected to join in the campaign was important as the petro chemical giants had the resources and power in collusion with the government to bring us to our knees. It is not easy because there is an assumption that people who are rich and have money are very powerful and tend to take an authoritative role. Not in my opinion. People are people whether they have more or less money and the mere fact that I fight for truth and justice to wrongdoing takes the work I do a long way.

There are financial constraints but there is nothing we cannot overcome once people are united in the cause,” he told Herald Review . He says he will use the prize money of $ 175,000 ( a little over Rs 1 crore) towards the sustainability of the SDCEA. He has had to pay a heavy price for his activism. His home was firebombed in 2007 and his personal property destroyed. His family was traumatized and he was taken to hospital with burns all over his arms and face. He discharged himself immediately from the hospital to show the “ The community had full trust in me. All the work and sacrifice done over a decade would have come to naught and hence my resolve to pick myself up and stand tall against any odds that were out there to take me down.” But that wasn’t the only harassment he faced. He was unemployed for five years. His family members who previously worked in the petro- chemical industry had been blacklisted because of the struggle that he took up. Even though they had the qualifications they paid the price because of their surname. His family suffered. Health wise he says they continue to suffer as they live in the chemical zone. Family members continue to die of cancer and are diagnosed with chronic asthma.

This, he said, would have never been allowed to happen in developed countries.

“ This is what I call environmental racism as most toxic dumpsites are placed in poor communities where the poor and marginalised are left to bear the brunt of toxic chemicals, pollution and other harmful impacts.” D’Sa and his community in South Durban are now fighting the $ 10 billion Durban port expansion project.

Thousands of people face the threat of being displaced without compensation.

“ There has been no consultation and no discussion with the communities who will be most affected. The residents live in fear of what can happen and it leaves them very confused and uneasy. The term ‘ constructive eviction’ is used. This simply means they will not physically force you out like how they did in apartheid rule, but it means they will make it so miserable for you to live with development right at your doorstep. Either way this development is putting fear into people’s lives and allowing for relocation again through a different tactic or strategy. People need community improvement and upgradation not further degradation. Thousands of families live in fear of what lies tomorrow when it comes to this port development and expansion.” He says he does what he does for the betterment of his community, the environment and for future generations.

He calls it his passion and takes a lot of pride, dedication and commitment in what he does. The fight has been tough, but D’Sa has only emerged tougher.Review Bureau 

Panchayat Resists Aguada Plateau Takeover for 17 years

PLATEAU TAKEOVER PANCHAYAT RESISTS ... FOR 17 YEARS 

Herald Review June 1, 2014 


Driven by the sentiment in the village, the Candolim panchayat has managed to stall the government- Taj group’s proposed Disney- style amusement park project on the Aguada plateau for 17 years. The High Court has now ordered the director of panchayats to dispose of the appeal in the matter on or before August 31. But for the villagers, the resistance has not plateaued … 


LISA ANN MONTEIRO 

It was a deal signed almost two decades ago, but hasn’t seen the light of day much to the relief of Candolim villagers. In 1983 the Goa Government acquired land measuring 3,13,630 square metres from the Candolim Comunidade at the rate of Rs 10 per sq mt for recreational and sports facilities including a golf course and helipad at Aguada plateau in Candolim.

Fourteen years later, on June 19, 1997 the Governor of Goa signed a lease agreement with M/ S Indian Resort Hotels Ltd Director Jagat Mohan Verma leasing out the over 3 lakh sq mt of the Aguada plateau for a total lease period of 99 years ( till 2096) for the development of the Fort Aguada plateau as a ‘ recreational park of international standard with allied facilities’. 

The lease agreement speaks of a recreational park with amusement rides, water rides, electronic amusement, a mini zoo, a mini lagoon, children’s theatre, a village shopping arcade, local arts and crafts museum, a convention hall for exhibitions and local festivals, a mini golf course, a lawn tennis court, badminton court, club house, restaurant, lounge, swimming pool, fitness centre with modern gymnasium, aerobic centre, sauna bath, steam room, whirlpool and jacuzzi. A health facility centre including a library, audio- visual room, hall for yoga, hall for meditation centre, accommodation for course participants was also part of the plan.

The club house was to have close to 50 rooms and the entire concrete construction was planned for a total built- up area of 11,409 sq mt according to the lease.

The appeal 
Indian Resort Hotels had appealed before the Director of Panchayats ( DP) in 2003 and again in 2005 after the Candolim panchayat refused to give the party a license. The matter has remained pending ever since before the DP. Indian Resort Hotels recently approached the High Court of Bombay at Goa in the matter which directed the DP to dispose of the petition on or before August 31, 2014.

An official from the tourism department said the High Court order that came more than a month ago has brought much relief to the department.

“ This has been pending over the past many years. It would have remained further pending if it wasn’t for our intervention. The director of tourism started taking up the matter and met with the party ( Taj Group) three times recently to try and expedite the matter. He wants to recover money. The government is not getting any revenue from the property and neither are the intended facilities being provided to the people. The property is lying idle and neither the government nor the hotel is benefitting,” he said.

When asked what rent the hotel had paid so far, he said they had made the down payment of Rs 50 lakhs. “ I don’t remember if they paid any rent after that. It has been such a long time. But we can’t say the hotel has defaulted in paying the lease rental because they couldn’t get permissions from various authorities. After getting permission they need some time to create infrastructure.” 

Contrary clauses 
In the lease agreement one clause defeats the other regarding the lease rental. Clause 2( iii) states: “ The Lessee shall pay Rs 1 crore or 5 per cent of the gross turnover of the Recreational Park ( less taxes, charges, levies etc, payable to the government/ Central Government/ or any other local bodies/ authorities in the State of Goa) per annum, whichever is higher by way of lease rental, the payment of which will start after the expiry of one year from the date of commencement of the lease”. 

Clause 2( v) states: “ Immediately on execution of Lease Deed, the Lessee shall deposit a sum of Rs 50,00,000 which will be adjusted towards the lease rental at the rate of Rs 10,00,000 per year”. 

The lease also states that the government will give infrastructural facilities from the project in the form of water and electricity supply free of cost. The government provided the water and electricity connection to the hotel after the lease agreement was signed. The government also accorded sanction for expenditure of Rs 18,25,534 for providing water supply to the site.

Eight interveners from Candolim and Sinquerim who have been made party to the proceedings say in their application for intervention that the concrete construction will destroy the forest and cause ecologically irreversible consequences and cannot be justified under the guise of “ development” under any circumstances. The proposed construction, they say, is in gross violation of the Environment Protection Act and CRZ. The site comprises extensive ground water resources and mineral resources. It will cause acute shortage of water and electricity which the government is not even in a position to supply to the villagers, they say in their application.

The village panchayat of Candolim in August last year submitted an application before the director of panchayats asking for inspections to be held again at the site. The application stated that authorities in the past had granted permissions blindly and requested that parties from GCZMA, TCP, Forest Department, and Tourism Department all be present. The DP hasn’t permitted this yet.

The final approval of the government for change in use of the land from orchard zone to settlement zone was conveyed to the director of tourism in a letter dated February 18, 1999.

‘Backdoor sale’ 
The interveners say the 99 year lease is a backdoor method of sale of the land to the party. They say the proposed construction will turn the plateau into a concrete jungle and cannot be termed a ‘ park’. The word ‘ park’ they say has been used to disguise the huge project. One of the interveners, Fatima D’Costa, who has a cart ( gaddo) selling refreshments opposite the entrance to Fort Aguada on the plateau found that her cart had caught fire at night after she left for home last month on April 26. She didn’t suspect any foul play and hence didn’t file any police complaint. Exactly a month later, on May 26, two other carts belonging to two other interveners, Margareth Parento and Neeta Naik, were set on fire at night.A police complaint was filed.

The tourism department official says NGOs and people criticize the government on one hand for not providing facilities and when the government does try and do something they ask whether the project has all the clearances.

But the interveners are firm when they say the land is the last piece of non commercialized open space left in the entire Candolim belt where they can take a walk, jog and where their kids can play and enjoy the natural beauty They say they will fight the project tooth and nail because it was their Comunidade land that was acquired by the government for a measly rate of Rs 10 per sq mt and given on a 99 year lease to a five star hotel.