1) Why is peace delinked from ‘causes like exploitative, iniquitous model of development etc’? More urgently, what is this peace about? Undoubtedly, war is undesirable, but to believe in peace marches without a thought to justice, is rank bad faith. Clearly, those who wish to march in Raipur (to where?) saying no to violence, cannot bear too much reality.
2) By saying no to violence, the participants and organizers have equated the two sides. It is one thing not to care for Maoist violence but to equate state violence with that of the Maoists is to willfully ignore the coercive nature of state power. The government has been cagey in telling the total paramilitary strength that has been deployed in the wake of Operation Green Hunt. Unofficially, it is known that no less than 67 battalions have been sent to 9 states, which means at least 67000 armed personnel. The elite COBRA force has been created to fight the Maoists. Besides, 20 more schools will be set up to train the paramilitary under the army. Why will a peace march not protest this heavy militarization in the name of countering Maoism?
3) Undoubtedly, there are many who do not agree with the Maoists. But they should have the courage to come out and criticize the Maoists for their ideology and actions. Why do they take this confused road which shows neither courage nor conviction?
4) The stated purpose of the march is to end the ‘heavy loss of life of poor people, especially of adivasis’ arising out of the crossfire between the state and the Maoists. If this is so, it is a very serious matter. Can some details be provided to understand this, particularly since the extensive reports in the Indian People’s Tribunal did not confirm this? By repeating the sandwich theory, the advocates of this peace march have created a theory which satisfies the middle class distaste for violence and patronizing belief in the passivity of the poor. Why is it so hard to understand that the poor may not wish to conform to the middle class dictates of passivity?
5) How does Vanvasi Chetna Ashram (VCA) manage and synthesize these confusions mentioned above? It would be instructive to recall that when the December padayatra in Dantewada was planned here in Delhi (sometime in early November), the purpose of the padayatra was to visit the different villages which had been emptied out over the last few years. The purpose of the padayatra was to understand how people were coping in the present condition of operation green hunt. How does VCA forget its own initiatives?
6) We need to protest and protest peacefully. But over what? We need to protest against Operation Green Hunt, against Operation Mine Hunt, against Operation Land Grab. It is only then that peace can be meaningful.
Organized by a collective of civil society groups, social movements, progressive academics, social activists, and concerned citizens, the recently concluded Independent People’s Tribunal (IPT) on Land Acquisition, Resource Grab, and Operation Green Hunt in New Delhi offers a unique perspective into contemporary Indian reality. While the national and international media talk profusely about the unprecedented growth of the Indian economy, as measured by growth of the gross domestic product, it shies away from looking at the underlying costs of that growth: increasing inequality, forced displacement and dispossession of the already vulnerable, growing social tensions, and a rapidly growing State terror. The IPT, by giving space to different activist voices from the grassroots, offers a much-needed alternative perspective on the growth process, a view, in a sense, of the dark underbelly of current-day Indian "development."
Running for three days, from April 9 to April 11, the IPT heard accounts of diverse grassroots activists from the states of Chhattisgarh, Orissa, West Bengal, and Jharkhand, the theater of an insidious war — nicknamed Operation Green Hunt (OGH) — that the Indian State has launched against its own people. Supplementing activist accounts and testimonies of witnesses with critical insights and advice of social scientists, journalists, legal experts, former government functionaries, and human rights activists, the people’s jury of the IPT made its opinion known through its interim observations and recommendations, the most urgent of which was to stop OGH and initiate a process of dialogue with the local population in the affected areas.1 Other recommendations included: immediately stopping all compulsory acquisition of agricultural or forest land and the forced displacement of the tribal people; making the details of all the memorandum of understanding (MOUs) signed for mining, mineral, and power projects known to the public; stop victimizing and harassing dissenters of the government’s policies; withdraw all paramilitary and police forces from schools and hospitals; constitute an Empowered Citizen’s Commission to investigate and recommend action against persons responsible for human rights violations of the tribal communities.2
Why has the Indian State launched OGH? Why was the IPT organized? Who participated in the deliberations of the IPT? To address such questions, and therefore to understand the true import of the IPT, we need to step back a little and locate the ongoing war in the context of the political economy of contemporary India.
The Context
The announcement of the IPT and the interim observations of the people’s jury set out the context in clear-cut terms. The neoliberal turn in the economic policies pursued by the Indian State since the mid 1980s has, in line with similar experiences in the rest of the world, spelt unmitigated disaster for the vast masses of the country. While a small section of the population has increased its income, wealth, and social power at unimaginable speed and to preposterous levels, the majority of the population has continued to live in absolute poverty, marked by widespread hunger, malnutrition, and lack of access to even the most basic health and educational infrastructure necessary to guarantee a decent standard of living.
In 2009, India had 52 billionaires, about double the corresponding number in 2007. The wealthiest Indian, Mukesh Ambani, has a net worth of $ 32 billion; the combined net worth of the richest 100 Indians in 2009 was US$ 276 billion. On the other side of the social pyramid, about 77 per cent of Indians spent less than $2 (in PPP terms) on daily consumption expenditure in 2004-05 and roughly 80 per cent of Indian households did not have access to safe drinking water.
Not only has the neoliberal economic paradigm meant increasing disparities; it has also meant dispossession and pauperization for already vulnerable sections of the population, noted the interim observation of the people’s jury. This is because a key component of the neoliberal paradigm in India has been the attempt to foster unprecedented levels of State-assisted resource grab by big Indian and foreign capital. What a Ministry of Rural Development report itself termed the biggest resource grab since the time of Columbus, has gradually encompassed arable (often extremely fertile and multi-cropped) land, forest land, mineral resources, and water and has resulted in forcibly cutting off access of the poor and marginalized sections to virtually all forms of common property resources. Coming on top of the five-decade-long "development disaster" of the Indian state, this forcible exclusion from access to common property resources has increased the economic vulnerability of the poor to unprecedented levels.
The current phase of this unprecedented resource grab has been concentrated primarily in the forested regions of Central India, stretching from Chhattisgarh all the way to Jharkhand and West Bengal, which house enormous amounts of mineral resources like iron ore and bauxite. Big corporate houses with interests in mining, minerals, and power industries like Tata, Essar, Vedanta, POSCO, and others have lined up to appropriate these resources for quick economic gains, paying least attention to the enormous environmental and human costs inherent in their ventures. The state governments have welcomed these corporate houses with open arms by signing unknown numbers of memorandum of understandings (MOUs) whose details have not been made public, despite repeated requests by activists and the local population.
But the forested regions of Central India house not only mineral resources corporate capital is desperately after; the region is also home to a large section of the roughly 100-million-strong indigenous population, referred to as adivasis, of the country. To get at the resources, the tribal population needs to be moved, the area needs to be vacated; in Chattisgarh, according to some reports, 300,000 adivasis have already been forcibly displaced, some of whom have moved into the bordering state of Andhra Pradesh and while others have fled into the forests. That is the source of the current conflict: the Indian State, acting clearly in the interests of corporate capital, have decided to forcibly drive out the local indigenous population from this region.
The adivasi population, quite naturally, have resisted this move of the State, using all possible means at their disposal. Drawing on the Fifth Schedule of the Indian Constitution, which is especially devoted to delineating adivasi rights and laying out special provisions for their protection and endogenous development, adivasi activists have attempted to challenge the government’s move. They have even taken recourse to the Panchayat Extension to Scheduled Areas (PESA) Act of 1996 and the Forest Rights Act of 2006, legislations — earned through years of arduous struggle — that have attempted to give more substance to the original impulse of the Fifth Schedule.
Instead of addressing the genuine grievances of indigenous population facing forcible displacement and dispossession, the State has, in flagrant violation of the letter and intent of the Indian Constitution, cracked down on their legitimate protests. Peaceful resistance movements across this region have been met with police brutality and the military might of the State, forcing, in turn, the arming of the resistance movement. State-assisted vigilante groups like the Salwa Judum in Chhattisgarh and Harmad Bahini in West Bengal were the first response of the state to the armed resistance of the adivasis. When that failed, Operation Green Hunt, a further escalation and militarization of the State’s response, took shape. That, in brief, is the context in which the IPT was organized.
The Participants and the Discussion
Mindful of this ominous context and after hearing the testimonies of participants from various corners of the country, the distinguished people’s jury — comprising former justices H. Suresh and P. B. Sawant, scientist and former member of the National Security Council P. M. Bhargava, former UGC chairman Professor Yash Pal, former chairperson of the National Commission for Women Mohini V. Giri, and retired IPS officer Dr. K. S. Subramanian — recommended stopping OGH and the compulsory acquisition of agricultural or forested land, making details of all MOUs public, and rehabilitating all displaced adivasis.3
While the inaugural address was presented by noted environmental activist Vandana Shiva, the people’s jury was introduced by well-known advocate Prashant Bhushan. The inaugural session also saw presentations by Mr. S. P. Shukla and Dr. B D Sharma, a retired civil servant and ex-chairman of the SC/ST Commission. The latter, in particular, drew attention, based on years of ground-level activism in tribal areas across the country, to the utter and long-term failure of the Indian State to uphold the rights of indigenous people as a result of violations of provisions guaranteed by the Fifth Schedule, the PESA Act of 1996, and the Forest Rights Act of 2006.
The second part of the first day focused on the current situation in Chhattisgarh marked by atrocities of the police and Sulwa Judum SPOs (members of a brutal State-supported vigilante group), regular torture, killing, rape, interrogation, and illegal detention for being alleged Maoist supporters. Speakers included lawyer and human rights activist Sudha Bharadwaj of the Chhattisgarh Mukti Morcha, human rights activist Goldy M. George, Gandhian acivist Himanshu Kumar (whose Ashram was demolished by the administration in Chhattisgarh), world-renowned doctor and activist Binayak Sen (who had been jailed for two years in Chhatisgarh without any charges), and democratic activist Harish Dhawan of the People’s Union for Democratic Rights, and Lingaram, who had himself been tortured and forced to join the Salwa Judum.
The second day of the IPT saw presentations from Jharkhand and West Bengal. Speakers on the Jharkhand session included: Dr. Alex Ekka, Prem Varma, James Topo, tribal rights activist Gladson Dungdung, Dr. Bani from the Azadi Bachao Andolan, Radha Krishna Munda from the Jharkhand Jungle Bacha Andolan. Speakers at the West Bengal session included human rights activist Sujato Bhadra of the Association for the Protection of Democratic Rights, activist and academic Partho Sarathi Ray of Sanhati, and grassroots activists Montu Lal and Gajen Singh.
Running through all the days of the proceedings, there was also discussion about the attempts to silence every form of dissent, as part of the OGH, in urban areas, by clamping down especially on dissenting voices of urban activists who are opposing the neoliberal policies of the government. Activist Abhijnan from West Bengal, Sujato Bhadra of the Association for the Protection of Democratic Rights, and Kavita Srivastava of the People’s Union for Civil Liberties spoke specifically about incidents of arrests, detentions, and human rights violations including denial of the right of activists to medical treatment while in custody (often under draconian laws).
The third and final day saw presentations on Orissa — with the main speakers being activist Praful Samantra, Abhay Sahu of the anti-POSCO movement, and Lingaraj Azad — and critical interventions by several eminent personalities including writer and activist Arundhati Roy, journalist Shoma Chaudhury, Bianca Jagger, Arun Aggarwal, civil rights activist Kavita Srivastava, and Advocate Shanti Bhushan. The IPT ended with the presentation of the interim observations and recommendations of the people’s jury.
What Is the Message?
All the presentations, though differing in terms of details, drew attention to two closely related facts. First, the current process of growth and "development" in India rests crucially on the forced displacement and dispossession of a sizable section of the indigenous population and peasantry; this process has key resemblance to what Marx had termed the primitive accumulation of capital. Second, any and every resistance to this State-assisted displacement and dispossession is met with military force, again harking back to the brutalities of primitive accumulation in England. Forced displacement, dislocation, and dispossession of the already vulnerable, systematic violations of their rights guaranteed by the Constitution, and an attack on any form of dissent which challenges the State’s policies are, thus, the festering wounds on the stinking underbelly of the current phase of Indian "development." This is probably what the proceedings of the Independent People’s Tribunal (IPT) on Land Acquisition, Resource Grab, and Operation Green Hunt wanted to draw the attention of the world that is so enamored with Indian economic growth.
But will the government heed the advice of the IPT? If past experience is anything to go by, the depressing answer is a resounding no. People’s tribunals are regularly organized the world over to highlight important social, economic, and political issues that affect the lives of ordinary people. India has also witnessed people’s tribunals in the past, the results of which have not only been totally ignored by the State but have even been used to harass their organizers.
Running for four days in Jawaharlal Nehru University, Delhi in September 2007, the Independent People’s Tribunal on the World Bank Group in Asia heard testimonies about the damage done by the policies of the World Bank across 26 sectors of social and economic development in India.4 A thirteen-member panel consisting of international jurists, renowned economists, prominent scientists, retired government officials, and social and religious leaders found the World Bank guilty of harming the environment and lowering the standard of living for most Indians.5 The findings of the people’s jury were released as a report on September 11, 2008, a year after the tribunal’s proceedings. Did the government change course because of the recommendations of the jury? My guess is as good as anybody else’s.
An even more outrageous case is the recent harassment and intimidation of human rights activists for highlighting the issue of custodial torture by the police. Kirity Roy, Secretary of the Banglar Manabadhikar Suraksha Mancha (MASUM) — a human rights organization in West Bengal — was arrested by the Kolkata police on 7 April 2010, and later released on bail, for organizing a People’s Tribunal on Torture on the June 9-10, 2008 in Kolkata.6 Instead of applauding the work of organizations like MASUM, who are doing public service by highlighting human rights violations of ordinary citizens, the move to arrest its activists and harass them in all possible ways tells a lot about the real intentions of the government. While both Human Rights Watch7 and Amnesty International8 have demanded that the Indian government drop all charges against Kirity Roy and others involved in organizing the People’s Tribunal on Torture, it is doubtful that the government will heed this sage advice unless pressured by citizens’ campaigns.
Given the absolutely negative attitude of the government in dealing with dissent of any kind, it is doubtful that it will heed the advice of the jury at the Independent People’s Tribunal (IPT) on Land Acquisition, Resource Grab, and Operation Green Hunt and call off its war on the tribal people. If this be so, then it must also take note of the warning that the IPT ended its interim observations with:
Even peaceful activists opposing these violent actions of the State against the tribals are being targeted by the State and victimized. This has led to a total alienation of the people from the State as well as their loss of faith in the government and the security forces. The Government — both at the Centre and in the States — must realize that its above-mentioned actions, combined with total apathy, could very well be sowing the seeds of a violent revolution demanding justice and rule of law that would engulf the entire country. We should not forget the French, Russian and American history, leave aside our own.
3 Announcements, daily press releases, and the text of the jury’s interim observations and recommendations can be found on alternative media forums like Sanhati and Radical Notes.
Independent People’s Tribunal on Land Acquisition, Resource Grab and Operation Green Hunt: Interim Observations of the Jury, 11th April 2010
The jury heard the testimonies of a large number of witnesses over three days from the States of Chhattisgarh, Jharkhand, West Bengal and Orissa as well as some expert witnesses on land acquisition, mining and human rights violations of Operation Green Hunt. The immediate observations of the Jury are as follows:
Tribal communities represent a substantial and important proportion of Indian population and heritage. Not even ten countries in the world have more people than we have tribals in India. Not only are they crucial components of the country’s human biodiversity, which is greater than in the rest of the world put together, but they are also an important source of social, political and economic wisdom that would be currently relevant and can give India an edge. In addition, they understand the language of Nature better than anyone else, and have been the most successful custodian of our environment, including forests. There is also a great deal to learn from them in areas as diverse as art, culture, resource management, waste management, medicine and metallurgy. They have been also far more humane and committed to universally accepted values than our urban society.
It is clear that the country has been witnessing gross violation of the rights of the poor, particularly tribal rights, which have reached unprecedented levels since the new economic policies of the 90’s. The 5th Schedule rights of the tribals, in particular the Panchayat Extension to Scheduled Areas (PESA) Act and the Forest Rights Act have been grossly violated. These violations have now gone to the extent where fully tribal villages have been declared to be non-tribal. The entire executive and judicial administration appear to have been totally apathetic to their plight.
The development model which has been adopted and which is sharply embodied in the new economic policies of liberalization, privatization and globalization, have led in recent years to a huge drive by the state to transfer resources, particularly land and forests which are critical for the livelihood and the survival of the tribal people, to corporations for exploitation of mineral resources, SEZs and other industries most of which have been enormously destructive to the environment. These industries have critically polluted water bodies, land, trees, plants, and have had a devastating impact on the health and livelihoods of the people. The consultation with the Gram Sabhas required by the PESA Act has been rendered a farce as has the process of Environment Impact Assessment of these industries. This has resulted in leaving the tribals in a state of acute malnutrition and hunger which has pushed them to the very brink of survival. It could well be the severest indictment of the State in the history of democracy anywhere, on account of the sheer number of people (tribals) affected and the diabolic nature of the atrocities committed on them by the State, especially the police, leave aside the enormous and irreversible damage to the environment. It is also a glaring example of corruption – financial, intellectual and moral – sponsored and/or abetted by the State, that characterizes today’s India, cutting across all party lines.
Peaceful resistance movements of tribal communities against their forced displacement and the corporate grab of their resources is being sought to be violently crushed by the use of police and security forces and State and corporate funded and armed militias. The state violence has been accentuated by Operation Green Hunt in which a huge number of paramilitary forces are being used mostly on the tribals. The militarization of the State has reached a level where schools are occupied by security forces.
Even peaceful activists opposing these violent actions of the State against the tribals are being targeted by the State and victimized. This has led to a total alienation of the people from the State as well as their loss of faith in the government and the security forces. The Government – both at the Centre and in the States – must realize that it’s above-mentioned actions, combined with total apathy, could very well be sowing the seeds of a violent revolution demanding justice and rule of law that would engulf the entire country. We should not forget the French, Russian and American history, leave aside our own.
Recommendations:
1. Stop Operation Green Hunt and start a dialogue with the local people.
2. Immediately stop all compulsary acquisition of agricultural or forest land and the forced displacement of the tribal people.
3. Declare the details of all MOUs, industrial and infrastructural projects proposed in these areas and freeze all MOUs and leases for non-agricultural use of such land, which the Home Minister has proposed.
4. Rehabilitate and reinstate the tribals forcibly displaced back to their land and forests.
5. Stop all environmentally destructive industries as well as those on land acquired without the consent of the Gram Sabhas in these areas.
6. Withdraw the paramilitary and police forces from schools and health centres which must be effectuated with adequate teachers and infrastructure.
7. Stop victimizing dissenters and those who question the actions of the State.
8. Replace the model of development which is exploitative, environmentally destructive, iniquitous and not suitable for the country by a completely different model which is participatory, gives importance to agriculture and the rural sector, and respects equity and the environment.
9. It must be ensured that all development, especially use of land and natural resources, is with the consent and participation of the Tribal communities as guaranteed by the Constitution. Credible Citizen’s Commissions must be constituted to monitor and ensure this.
10. Constitute an Empowered Citizen’s Commission to investigate and recommend action against persons responsible for human rights violations of the tribal communities. This Commission must also be empowered to ensure that tribals actually receive the benefit of whatever government schemes exist for them.
The Independent People’s Tribunal took place from 9th – 11th April, 2010, at the Constitution Club, New Delhi. This was organized by a collective of civil society groups, social movements, activists, academics and concerned citizens in the country. The people’s jury, comprising of Hon’ble Justice P. B. Sawant, Justice H. Suresh, Professor Yash Pal, Dr. V. Mohini Giri, Dr. P. M. Bhargava, and Dr. K.S. Subramanian heard testimonies from the affected people, social activists and experts from Andhra Pradesh, Chhattisgarh, Jharkhand, Orissa, and West Bengal.
For more information, please contact: Sherebanu 9953466107; Purnima 9711178868
The Independent People’s Tribunal concluded today with the jury comprising of Justice (Retd.) Sawant, Justice (Retd.) Suresh, Professor Yash Pal, Dr. P. M. Bhargava, Dr. Mohini Giri and Dr. K S Subramanian presenting an interim recommendation report to the public, Government and the media on the issues of on Land Acquisition, Resource Grab and Operation Green Hunt. The interim report was drafted by the jury members after three days of deliberations and hearings of depositions and testimonies from affected people and activists from the states of Chhattisgarh, Jharkhand, West Bengal and Orissa.
Presenting the recommendations of the jury before the media, public and Government, Justice (Retd.) Sawant said “There is a perception within the Goivernment and media that by organising meetings like the IPT, we, everyone present in this room are supporting the Maoists and the death of the 76 CRPF jawans. Let me clarify this position for once and for all: We are not supporting the Maoists. We do not support violence in any form, State or otherwise. We here are discussing problems of the tribals and the crisis that is pushing people to a brink of desperation and escalating the cycle of violence.” It is clear that the state had let the tribals and the poor of this land down. Instead of restoring their faith in the Constitution of India, its judiciay and its spirit, the Government asked for abjuring of violence. “Are these morals only to be remembered in such times, and to be forgotten when atrocities are committed by the state itself?” Dr. P M Bhargava noted that the civil society needs to stand resolute in resisting the current development paradigm and that the case of the BT Brinjal was a case in point for small victories of the people. “The patience of the masses is running out if some serious rethinking is not.” Dr. Mohini Giri lamented on the fact that the Government took no notice of People’s Tribunals like these and recommendations that emanated from it. She criticised the Government for their lack of understanding of the issues that were affecting people and implored them to do so immediately.
The interim report of the Jury states “gross violation of the rights of the poor, particularly tribal rights, which have reached unprecedented levels since the new economic policies of the 90’s. The 5th Schedule rights of the tribals, in particular the Panchayat Extension to Scheduled Areas (PESA) Act and the Forest Rights Act have been grossly violated. These violations have now gone to the extent where fully tribal villages have been declared to be non-tribal. The entire executive and judicial administration appears to have been totally apathetic to their plight. It could well be the severest indictment of the State in the history of democracy anywhere, on account of the sheer number of people (tribals) affected and the diabolic nature of the atrocities committed on them by the State, especially the police, leave aside the enormous and irreversible damage to the environment. (Attached is the interim jury report).
The first session of the day took stock of the situation in Orissa with regards to industrial and mining projects, land acquisition and people’s resistance movements against such displacement, disposession. Addressed by activists Praveen Patel, Praful Samantra, Abhay Sahu and photographer Sanjit Das, the narratives pointed out to how corporate greed colluding with government officials was bleeding out the tribals. Praveen Patel presented a paper on the ‘Political Economy of Mining’ and pointed out that under the current policy, foreign companies were getting away with virtual robbery, taking huge profits, paying very little in taxes and in fact exacting a huge price from the poor (especially tribals) who are displaced and who suffer severe health and livelihood impacts from the rampant pollution.
The problematic exploitation of iron and bauxite ore was further highlighted in Praful Samantra’s talk. For example, the sites containing the most bauxite ore are located atop mountains and correspond to the sources of numerous streams. Mining the ores amounts to ruining the water supply for the adivasis living in the area, while leaving the company with zero liability. Protests are suppressed in a manner similar to that seen in other states: “…in the last year 14 people have been shot dead. In the last 6 months, villagers have been banned from leaving their areas, even to go to the hospital. In September 2009, 30 innocent villagers were put in jail and branded as Maoists. We went there and fought for them because they were innocent. The administration assured us that they would be released but they are still in jail now. Their families are starving now.”
Abhay Sahu, a leader of the Anti-POSCO movement, spoke about the situation on ground. Local people have been protesting the proposed port project, to be built by POSCO which would ruin the lucrative beetle vine cultivation as well as destroy the livelihood of lakhs of fishermen. He testified on the intimidation tactics used by the State-company nexus to kill the protests: “On 29 November 2007, state and company goons set fire to a village in my area. They occupied all schools and building in the area. When people started fighting back, the police had to abandon their posts.”
Lingaraj Azad, a tribal rights activist, talked about the delicate balance of nature in Niyamgiri, Orissa where the Dhongria Kondh tribe has dwelled for centuries. The Niyamgiri hill is under threat from Vedanta Resources for its bauxite reserves. “We have abundant herbs and trees. In the hills, there are 8000-9000 people in 200 villages. These people know nature and nature knows them. Soil, earth, water, trees—these are regarded as God and prayed to. They have no material possessions except Nature and all of it. There is no concept of private property, it is all for common use”. The Niyamgiri mining project has been receiving international media attention after the human-rights violations at Vedanta mining sites were made public.
Ajit Bhattacharjea, a journalist, stressed that lands in tribal areas were community property and did not belong to the State. Handing these lands to corporates needed to stop. Banwari Lal Sharma appealed to the politicians: “We need to spread a message of peace and make these politicians understand that we are not their enemies but we are all friends. When they sell away the country they are selling away parts of themselves.”
The session after break saw several eminent personalities addressing the audience, including Arundhati Roy, Shoma Chaudhury, Bianca Jagger, Arun Aggarwal, Kavita Srivastava and Advocate Shanti Bhushan. Arun Aggarwal presented a well researched paper on the Economics of Mining. According to him, revenue from mining activities to the state accounted for a measly 1.4% of total profits while the rest was pocketed by the corporation. The politics of mining was so complicated and corrupt that the nexus could be tracked between the corporations, politicians and police. For him, the fact that the ultra left movement was situated in areas of mineral wealth concentration, mining activities and displacement of people was a point of great importance and not to be ignored. He recommended that all mining activity should be conducted by Government owned enterprises so that the profits could be distributed more equitably. Shanti Bhushan, in a surprise address, asked the civil society to not remain silent but condemn violent acts by Maoists. Accepting the fact that tribals had been exploited for years, he added that civil society’s silence on condemning the recent carnage was being perceived as their support of Maoist violence. “How can you accept an armed resistance and overthrow of the State with violence? What is the agenda of the Maoists? If they mean well, then why don’t they give up arms and participate in elections? Let it be all done in the open.” Shoma Chaudhury, Editor-Features, Tehelka spoke on the role of the media and accepted that the debates and discussions on television channels were resolutely and sadly binary. The discussions on these topics needed to be made more complex, because they required a combination of solutions. “Keeping out perspectives – whether the Government’s, Civil Society’s or the general public will only narrow down the discourse on these complex problems that we find ourselves in. This exclusion in itself is a very dangerous trend and needs to be arrested”. She added “There is no place for violence in a democracy. Agreed. However, did democracy exist in the states of Chhattisgarh, Orissa? Democracy does not only mean election. The judiciary, police, forest officials and magistrates all represent India’s democratic structure and it is these very institutions that have failed the people.” Bianca Jagger, returning from a visit to Orissa, spoke about her experience with the Dongria Kondh tribe. She said that despite being a foreigner she related to the problem of India’s tribals. Her experience of having worked as a human rights activist in Latin and Central America shows that indigenous communities everywhere are being pressurised by the current development paradigm. Saying that there is a lot to be learnt from indigenous communities and their ecologically sustainable lifestyle, she added “I request the Government of India to retrospect into why there is an armed insurrection to begin with?”. Arundhati Roy began by asking a very poignant question “Does the government want war or peace?”. In the current context of anti-maoist operations and rampant industrial activity that was displacing people, she said “it seems to me that war is a synonym for creating an ideal investment climate.” According to her, in the 1970’s and 80’s, democracy was the single largest threat to imperialist, capitalist western nations, who overthrew democracies in Latin America. Now however war is being in Afghanistan and Iraq to install democracy and all its associated institutions. She questioned the nature of democracy, as it existed today, saying that “democracy and democratic institutions have been reduced to being vessels of Free Market Capitalism”.
For more information, please contact: Sherry 9953466107; Purnima 971178868
Social Scientists, Experts and Adivasi representatives depose before the Jury;
Testimonies on Land Grab and Government/Corporate Atrocities in Jharkhand and West Bengal
A poignant session (9.4.2010) on Chhattisgarh and the situation of adivasis was presented at the Independent Peoples Tribunal on Land Acquisition, Resource Grab and Operation Green Hunt on 9.4.2010. This was followed by a second session focusing on two other states (where the Operation Green Hunt has recently commenced) with presentations and depositions on 10.4.2010. Speakers from Jharkhand and Orissa testified on numerous violations of laws, relating to land acquisition, tribal protection, pollution, and other violations of the Indian Constitution by corporations and the state governments.
At the Jharkhand session, several eminent speakers, including academics and leaders of popular resistance movements spoke about the situation of displacement, resistance and the looming threat of Operation Green Hunt recently commenced in Jharkhand as well. Prem Verma, spoke about the strength of the movements that have powerful grassroots support and have been largely successful in their struggles to keep their land.
Dr. Alex Ekka, spoke on the umbilical relationship between tribals and their forests. He said: “Our worldview is cosmocentric. Every being has a place in this worldview, whether it is a rock, a bird, or a person. This is the worldview that will lead to a sustainable and peaceful life on what we adivasis call our Mother Earth.”
James Topo spoke emphatically on the pathetic state of education in tribal areas. The content of textbooks is completely irrelevant to the needs and context of adivasi children with the content-writers unable or unwilling to grasp that difference. The failure of education is exploited by officials; an example was given of a land acquisition officer giving a cheque to a tribal, assuring him that it was only a record of their conversation.
Gladson Dungdung, a tribal rights activist spoke on the atrocities on civilians in the name of Operation Green Hunt in Jharkhand since March 2010. Adivasis in the area are experiencing this operation in the form of harassment, detention, looting and beating. The result, as it is being manifested now, and only likely to grow, is that the village economy has ground to a complete halt, threatening the delicate balance of sustenance on which the adivasis survive. Fear has set it, villagers are unwilling to go into the forest to collect minor forest produce, rural markets are empty and all democratic space for protest has been closed to the adivasis. Migration out of the forest has commenced. Gladson Dungdung stated: “Operation Green Hunt is not for cleansing Maoists but for establishing corporate houses in the mineral corridor, which was labeled the Red corridor only after the State realized that corporations were not signing MoUs for certain areas where protest was likely. The adivasis will never give their land – we tell the steel corporations that we don’t want to eat steel, we want to eat foodgrains.”
Dr. Bani of the Azadi Bachao Andolan spoke of the many hurdles faced in the successful struggle to stop the huge NTPC thermal power plant, which would have ruined thousands of acres of prime agricultural land. Most members of the Andolan have at least 10 false cases booked and pending against them. He spoke of the farce that is the public hearing for approval of projects. Hearings scheduled say, for 6th April at a distance of 20 km from the site of construction (in violation of the law) get secretively held on the 5th April, 11pm, to dissuade people from attending and participating (sited from a real 2009 incident).
Dr Bani also mentioned demonstrated alternatives to power production (touted as a mode of development) for example, where the government wants to buy land with mineral resources worth 40-60 crore/acre for a pittance from farmers, ABA have instead started small power plants, fully owned by the villagers, which utilize the local coal resources to power 50-60 households and all revenues would be split evenly between the villagers. He stressed on importance of development that was locally imagined and with locals benefitting and deciding on operations and economics.
Radha Krishna Munda of the Jharkhand Jungle Bachao Andolan spoke of ground realities in the implementation (or lack thereof) of the Forest Rights Act in Jharkhand. Additionally he talked of the harassment that adivasis and popular movements are facing. “An atmosphere of suspicion and intimidation has been created” he said – instead of implementing the Forest Rights Act, the nexus of police, civil administration and Forest Department is actively conniving with corporations to illegally give away adivasi land.
The West Bengal session saw a re-presentation of protests and peoples movements consistently dubbed Maoist in the past, Lalgarh being an example. Local activists and leaders of peoples’ movements are being branded as Maoists, a common thread that was also seen in the testimonies from Jharkhand and Chhattisgarh. Sujato Bhadro talked about the grave situation in Lalgarh, where a day after the Chief Ministers convoy was blown up, the police attacked villages 40 km away and mistreated the villagers. A village woman’s eyes were brutally gorged in the attack, another miscarried her baby. Currently, joint forces in the “affected areas” run amok, in violation of Constitution of India and international norms to which India is a signatory. People are being abducted, not produced in 24 hours and night raids are being conducted. In an unprecedented move, the entire area of Lalgarh has been governed under Section 144 of the CRPC since 17th June 2009.
Anup Mandal, a marathon runner at the national level, spoke of being beaten by the police despite protesting about his lack of any Maoist connection and had to be recognised and rescued by a journalist after considerable damage. He was confined to bed for 4 months, putting an end to his dreams of competing at the international level. He said: “I want the SP to be held responsible; as it was due to him that my life was ruined.”
Montu Lal and Gajen Singh, activists, also testified on atrocities in Lalgarh. Government has set aside funds for Joint Forces and for the Harmat Vahini but there is no funding for the poor. People have evacuated the villages and the paramilitary forces have taken measures that seem to be designed to take vengeance on people – such as polluting village wells and forcibly recruit people for petty work. “It feels like these are actions of a foreign occupying force”.
The Independent People’s Tribunal will continue from 9th – 11th April, 2010, at the Constitution Club, New Delhi. This is organized by a collective of civil society groups, social movements, activists, academics and concerned citizens in the country.
For more information, please contact: Sherry 9953466107; Purnima 971178868
INDEPENDENT PEOPLE’S TRIBUNAL ON LAND ACQUISITION, RESOURCE GRAB AND OPERATION GREEN HUNT
9th – 11th April, 2010, Constitution Club, New Delhi
Stop structural violence against adivasis
Stop destructive development and restore the faith of the adivasis in the Indian Constitution
The Independent People’s Tribunal on Land Acquisition, Resource Grab and Operation Green Hunt, organized by Citizen’s against Forced Displacement and War on People, kicked-off today to a packed hall, consisting of students, academics, activists and the media. The Independent People’s Tribunal is being held in New Delhi, Constitution Club.
Dr. Vandana Shiva, well-renowned environmental activist presented the inaugural address and spoke about the “urgent need to develop democratic spaces”, such as the IPT. She said “the complex issues related land acquisition, mining and exploitation of the tribals as well as mechanisms of state suppression need to be discussed in a open manner by concerned individuals and intellectuals without the threat of arrest”. Advocate Prashant Bhushan, continuing in a similar vein, referred to the mining mafia that was bleeding the nation of its resources. According to him “rampant mining is displacing adivasis from their lands and leading to the ecological ruin of India’s forest land”. He questioned the logic of undertaking such activity ‘in public interest’ when 80% of the profits were pocketed by private companies, while people were left dispossessed and left to suffer health hazards. Mr. Bhushan then introduce the People’s Jury comprising of Hon’ble (Retd) Justice P. B. Sawant, Justice (Retd) H. Suresh, Dr. V. Mohini Giri, Professor Yash Pal, Dr. P. M. Bhargava and retired IPS officer Dr. K. S. Subramanian. (Jury Bios are attached at the end of the press note). The first session was also addressed by Mr. S P Shukla who spoke about the deep injustice being met out to the tribals and the unfair polarisation of the debate in the media and the state. He said that violence by the Maoists was representative of years of injustice suffered by the poor in these lands and that use of excessive force, clamping down on democratic spaces by arrests and detention of activists like Binayak Sen would only exacerbate the situation. He strongly recommended that the State should engage in widening the discussion on the issue if it wanted to solve it. Dr. B D Sharma, a retired civil servant and ex-chairman of the SC/ST Commission, Bastar spoke about the continuous denial of rights of the tribals by the state – in the form of violations of the Vth Schedule of the Constitution, Panchayati (Extension) to Schedule Areas, Forests Rights Act.
Day 1 of the Independent People’s Tribunal focussed on the current situation in Chhattisgarh. Sudha Bhardwaj, lawyer and labour rights activist, Chattisgarh Mukti Morcha deposed on the intricate nexus between the State and Corporations in expropriating the land for industrial and mining purpose. She deposed on the ground situation in Chhattisgarh where in gross violation of the PESA Act, gram sabhas were being manipulated to take decisions on land use and sale, against collective community decision-making process. According to Sudha the scale of corruption was enormous. The district officials were facilitating the transfer of tribal land, flouting all legal and procedural conduct. She recommended that there should be strict enforcement of the Forest Rights Act and procedures of granting environmental clearances. In all cases, corporate acquisition of tribal land was to be stopped to restore the faith of the tribals in the State. Goldy M George, rights activist in Chhattisgarh also reiterated the corporate land grab and pointed out to the number of secret MOUs that were being signed, without adequate public consultation. Activists in these areas were being targeted by insidious campaigns by the State and corporates. The politics of alienation of the tribals was part of a larger strategy to use the politics of genocide in the game of Power. Harish Dhawan, human rights activist, Peoples Union for Democratic Rights spoke about the terror unleshed by the Salwa Judum and its role in the current operations.
The second part of the session focused on narratives by tribals, from the state of Chhattisgarh. The general narratives were different in details but similar in the pattern – atrocities by the police and Sulwa Judum SPOs; torture, interrogation and illegal detention for being an alleged ‘naxal’ supporter. Lingaram who was tortured and forced to join the Judum spoke about how the Gram Panchayats were mute to the cause of the tribals, and in fact, detrimental to their existence. He questioned the enormous amount of money spent since independence on the ‘welfare plans’ for the tribals and the lack of any progress in this regard. Lamenting on the lack of education and health services, he said that tribals needed development on their terms and not of the kind that was being enforced upon them from all quarters. Himanshu Kumar, Gandhian activist, spoke about the advisory, legal and rehabilitation support provided by the Vanvasi Chetna Ashram to the tribals and the consequent attempts by the state to squash the same by terrorizing villagers. Dr. Binayak Sen, offered a different perspective on structural violence that is embedded in the treatment meted out to the tribals. According to him, statistics on malnutrition revealed a severe hunger crisis and are emblematic of the neglect that these regions had been subjected to for long. He derided the state for using the development rhetoric when masses were dying of hunger and malaria.
The Independent People’s Tribunal will continue from 9th – 11th April, 2010, at the Constitution Club, New Delhi. This is organized by a collective of civil society groups, social movements, activists, academics and concerned citizens in the country.
For more information, please contact: Sherbanu (9953466107); Purnima 9711178868
on
Land Acquisition, Resource Grab and Operation Green Hunt
9-11 April 2010, Speaker’s Hall, Constitution Club, Rafi Marg, New Delhi
Central India is home to the Adivasis and Dalits, India’s first people. It is also home to the richest concentration of natural resources in the country. Today, as powerful Indian and global corporations race each other to gain control of the land, water, forest and mineral wealth of the region, this natural wealth has become a curse to these indigenous but marginalised communities. What comes between corporate greed and natural resources are the tribals asserting their customary rights, right to life and livelihood, as well as their constitutional rights over the same natural resources. Corrupt corporations, joining hands with corrupt states, are helping destroy India’s vibrant natural heritage and mineral wealth. Human rights abuses by police, paramilitary forces and state-sponsored militia are spreading in the name of Operation Green Hunt, which seems to make it a war against the very citizens it promises to protect. A virtual information blockade prevents information from coming out of states like Chhattisgarh which are bearing the brunt of Operation Green Hunt. Our country needs to know the truth about such a massive war against our own people. That is why an Independent People’s Tribunal, consisting of eminent jury members, has been called to hear testimonies from affected people, deliberate and submit a report on the matter to the public.
The heartlands of India are the lungs of the country as they are part of a vital ecosystem comprising of the water cycle and the forests that produce oxygen. They also comprise of the rich agricultural lands. For centuries, the indigenous communities have fought against the greed of the forest and timber mafia in order to conserve these forests and the rich mineral wealth within them.
However, with the opening up of the global market, the pressure on the State to hand over most of these areas to global corporations for mining and other ‘industrial’ purposes has increased. Private companies, both domestic and foreign— Arcelor Mittal, Jindal, Essar, Posco, Tata, and Vedanta, to name but a few – are taking advantage of the opportunity thus presented. This worldview of ‘Development and Globalisation’ has also become the mantra that is threatening people’s rights to land, resources and livelihood. The Adivasis are being forced out of their own homes and villages, where their communities have lived for thousands of years. This violation of the democratic and constitutional rights of indigenous communities has led to the present situation of conflicts.
The vicious systemic violence is being taken to a new level by using military and paramilitary forces through Operation Green Hunt. The UPA government’s last election victory has emboldened Home Minister P. Chidambaram to arm-twist state governments into participating in Operation Green Hunt. Independent sources acknowledge that more than 100,000 paramilitary/police personnel armed to the teeth have been mobilized against the poorest of the poor. Air force, helicopter gunships, military trainers, special forces units etc. are on the roll in several Indian states since November 2009. With even independent journalists being barred from entering conflict zones, only government versions of violence and military operations are being released to the media and the public. While the state justification for Operation Green Hunt is an attack on the Maoists, it is evident that the brunt of this war and hunt will be borne by the Adivasis.
Citizens and civil rights groups who have voiced concerns against Operation Green Hunt are being labelled as ‘Naxal sympathizers’ and are being arrested. Journalists are being blocked from entering the impacted areas to investigate these brutalities. Unless stopped, this is likely to lead to an unending cycle of violence which could lead to genocide of the Adivasis and a civil war-like situation in many parts of the country.
It is in this context that an Independent People’s Tribunal (IPT) on these issues is being organised by several individuals and groups, inviting a panel of eminent jurists, administrative service personnel, social scientists and writers. The people’s jury will hear testimonies from the affected people, social activists and experts working in these areas. The authorities would also be invited to participate and present their viewpoint. The tribunal will conduct its hearings on the 9th, 10th and 11th of April 2010 at the Constitution Club, New Delhi.
Why IPT?
The Independent or Indian People’s Tribunal (IPT) has, through earlier hearings, gained acceptance in the country as a means for civil society groups to present an issue of immense public concern before an impartial and eminent group of jury members, whose report on the subject would be useful in educating and informing the people and mobilizing public opinion.
The present IPT focuses on a vital issue that could spell life or death for 80 million indigenous people of our country. The IPT will focus on the States of Chhattisgarh, Jharkhand, Orissa, West Bengal and Andhra Pradesh, which are bearing the brunt of Operation Green Hunt. In particular, it will examine human rights abuses, forcible acquisition of Adivasi land as well as the looting of land, water, forest and mineral wealth in these areas.
In the words of Martin Luther King, Jr. “Injustice anywhere is a threat to justice everywhere.” Every individual needs to stand up to defend our common natural heritage as well as the constitutional rights of our indigenous people.
As Martin Niemöller said:
“THEY CAME FIRST for the Communists,
and I didn’t speak up because I wasn’t a Communist.
THEN THEY CAME for the Jews,
and I didn’t speak up because I wasn’t a Jew.
THEN THEY CAME for the trade unionists,
and I didn’t speak up because I wasn’t a trade unionist.
THEN THEY CAME for the Catholics,
and I didn’t speak up because I was a Protestant.
THEN THEY CAME for me
and by that time no one was left to speak up.”
When the government puts corporate interests ahead of constitutional law, suppresses free speech and victimizes those who it is meant to protect, every single citizen’s freedom is at risk.
Speak now.
Organised by: Citizens against Forced Displacements and War on People
Endorsed by: ……………………………….…………………………………………
Campaign Secretariat
6/6, Jangpura B, New Delhi
Coordinators
Sherebanu Frosh: +91-9953466107
Abhishek Jani: +91-9899111320
K. Madhuresh: +91-9818905316.
When the National Environment Appellate Authority (NEAA) has dismissed all the cases (except one in the Polavaram dam case in 2007) filed before it in past 13 years, one cannot expect anything when you approach it but another dismissal. The NEAA is the sole statutory body to challenge the environmental clearances granted to the projects like mining, thermal power plant, hydroelectric projects etc. The authority is composed of a retired Chief Justice of a High Court or a retired judge of the Supreme Court as the chairperson, one vice chairperson and three technical members. Interestingly for last eight years, there is no chairperson in the Authority and no vice chairperson for last six years, and the so-called technical members are all retired bureaucrats. Now there is only one member in the Authority who is deciding the Appeals against the grant of environmental clearances.
The Ministry of Environment and Forest (MoEF) granted environmental clearance on August 17 2009 to the 1200MW Thermal Power Plant near village Singhitarai, District Janjgir-Champa, Chhattisgarh by M/s Athena Chhattisgarh Power Pvt. Ltd. The project was approved by the MoEF even after the process of public hearing was incomplete. At the time of public hearing, the presiding officer came to declare that the hearing is cancelled. Interesting part is that the Presiding officer said that the project proponent has not informed the public about the project in proper manner, and hence the public hearing is cancelled. But when minutes was prepared, it was recorded that the public hearing is cancelled due to the law and order problem because 400-500 people entered the public hearing place and started shouting slogan for cancelling the public hearing. As per the Environment Impact Assessment Notification, the expert committee recommending environment clearance has to do detailed scrutiny of outcome of public hearing. But in this case the Athena Power Ltd. manipulated the public hearing proceedings and must have influenced the expert committee as the owner of company is late Y.S. Rajasekhara Reddy’s family.
The granting of environmental clearance was challenged by Villagers of Singhitarai before the NEAA. The main issue of challenge was incomplete process of public hearing. Now the NEAA has only one member and is hearing all the cases. Taking the precedent of the NEAA, when case came up for hearing there was no expectation of relief even after such a blatant violation of the EIA Notification. After watching video recording of the public hearing, the member of the NEAA was convinced that the minutes of the public hearing is different from what has happened during the public hearing and the process of public hearing was incomplete.
In a surprise move, first time in the history of the NEAA, the member stayed the Thermal Power project. This sudden spur of prudence has left many bewildered and guessing, but this stay of the project on the reason of incomplete public participation process will have impact on conducting future public hearings. In the whole process of Environmental Clearances, the Public Hearing is the only stage where the affected person can participate in the decision making process.
The Indian government intends to deploy 100,000 troops – ostensibly against Maoist insurgents – in 7 states in central and eastern India, including Maharashtra, Chhattisgarh, Orissa, Jharkhand and Andhra Pradesh, a vast area inhabited by tribal groups. Forces withdrawn from Jammu and Kashmir (e.g. Rashtriya Rifles) and the Northeast are joining battalions of CRPF commandos, the ITBP, the CoBRA and the BSF, equipped with bomb trucks, bomb blankets, bomb baskets, and sophisticated new weaponry. Six IAF Mi-17 helicopters will provide air support to these ground forces, in which the IAF’s own special force, the Garuds, will participate. The actual strength of the intended targets of this massive action – the Maoist cadre – is believed to be no more than 20,000. Besides the dangers of any state offensive against any section of the people, the scale of the offensive suggests that the state is unable to distinguish the millions of tribals in this area from the Maoists, and has chosen the quick solution of war on the entire region. Several groups which are not Maoist – like the Vanvasi Chetna Ashram in Dantewada – have been clubbed with them and are being targeted. The basic question is, why is the state planning war against its most deprived, oppressed and impoverished populations?
Central India is rich in mineral wealth that is already being auctioned: Till September 2009, Rs 6,69,388 crore of investment had been pledged toward industry in the troubled areas—14 per cent of the total pledged investments in the country. All that stands between politicians/ big money bags and this wealth is the tribal people and their refusal to consent to their designs. Even constituent bodies of Indian state machinery acknowledge the gross failure of state in the tribal areas of the country in no uncertain terms. The Planning Commission Report on Social Discontent and Extremism, has clearly identified equity and justice issues relating to land, forced displacement and evictions, extreme poverty and social oppression, livelihood, malgovernance and police brutality as widespread in the region. The Approach Paper for the 11th Plan states:
Our practices regarding rehabilitation of those displaced from their land because of development projects are seriously deficient and are responsible for a growing perception of exclusion and marginalisation. The costs of displacement borne by our tribal population have been unduly high, and compensation has been tardy and inadequate, leading to serious unrest in many tribal regions. This discontent is likely to grow exponentially if the benefits from enforced land acquisition are seen accruing to private interests, or even to the state, at the cost of those displaced.
The Fifth Schedule of the Constitution grants tribals complete rights over their traditional land and forests and prohibits private companies from mining on their land. In spite of all this, in the name of fighting the Maoists the state – in blatant violation of Constitutional rights and against the recommendations of its own committees – is all set to evacuate the entire area of the tribals and ghettoise them by forcing them into ‘relief camps’, to allow free rein to big business. Instead of addressing the basic rights and needs of the tribals, the impatience of the state/big business in the face of the stiff resistance from them, is leading it to a full-scale war on people who are already fighting an everyday battle for livelihood and survival.
In the past as well the state has tried to crush all popular resistance, armed or not. It has repeatedly ignored and/or suppressed non-violent resistance, be it in Bhopal gas-victims or the ‘Narmada Bachao’ Andolan. Various human rights activists who have spoken out against its policies have also been targeted through draconian instruments like the Chhatisgarh Special Public Safety Act, 2005. It has also brutally assaulted protesters in Singur, Nandigram, Lalgarh and Khammam and conducted military offensives in Chhattisgarh, Jharkhand, Orissa, West Bengal and Andhra Pradesh that have been seriously questioned. Now, along with an increasingly uncritical, elitist and complicit media, it is set on drumming up war hysteria to legitimise its own extra-Constitutional programs. The fact that it has either rejected or dismissed offers of talks and mediations – while hypocritically calling for them – indicates the extent to which it is invested in this war. The Central Government’s military offensive further dilutes the federal character of Indian democracy as it covertly shifts the maintenance of law and order off the state onto the centre list.
This war on the people also entails a further shrinking of already limited spaces for democratic dissent and articulation of pro people development paradigms. It opens the way for the state to act with force against any form of dissent or struggle. Any individual or organization protesting against the policies of the state can be labelled as a threat to ‘internal security’. To understand the politics and economics of the current state offensive, we urge people to look beyond the current hype being built by the government and pliable sections of the media. This indicates the emergence of a dangerous consensus towards a police state that will render the people and resources pliable to the demands of global capitalism and authoritarianism.
We call upon all progressive forces – students, teachers and workers – to resist the latest plan of the Indian government. Stop state violence against people.
Join our demand for a peaceful, egalitarian and secular society.
The rally was organised by “Chhattisgarh Visthapan Virodhi Manch” (Chhattisgarh Anti-Displacement Platform), which issued the following leaflet before the rally:
RALLY OF ANTI-DISPLACEMENT MOVEMENTS FROM ALL CHHATTISGARH IN RAIPUR ON 6TH OCTOBER.
The unrelenting loot of the abundant mineral resources of Chhattisgarh – iron ore, coal, limestone, bauxite, and even diamond and uranium has meant the total stranglehold of big corporates – foreign and Indian – over the State’s bureaucracy, polity, and even judiciary.
Multinationals Holcim and Lafarge have gobbled up the Indian cement companies and persist in earning super profits from the illegal exploitation of contract labour; Vedanta can get away with, and is in fact ably assisted by the State administration in, the criminal cover up of murder by negligence of nearly a hundred workers in a recent chimney collapse; Jindal and Monnet specialise in managing the pollution control department and so the Raigarh district, labouring under black clouds, drying water sources and disappearing forest cover, sees public hearing after public hearing where the public is never heard and clearances are granted, (Jairam Ramesh honestly called these environmental public hearings “match fixing” by the companies); a rash of sponge iron factories – mushroom in Raipur; Tata and Essar, with a little help from Collector Sahab, manipulate gram sabhas in the scheduled areas in gross violation of the PESA Act and employ every trick in the game to coerce people to accept compensations for land.
And in Bastar, where the huge ground clearing of 644 villages for “development by mining companies” is being resisted by lakhs of displaced adivasis, living in the jungles and therefore declared “outlawed”, who are struggling for their lands and livelihoods, the State is preparing to launch a full scale war ( now there is even talk of air strikes and American assistance) .
For the toiling people of Chhattisgarh, particularly the peasants and adivasis, this integration into the imperial loot machine that is called ‘development’, has meant displacement on an unimaginable scale. The whole of Raigarh district is dotted with heavily polluting sponge iron, steel and power plants, lorded over by Jindal. In at least half the cases the displaced have not even received the paltry compensations that have been declared their due. Many blocks of this district are notified scheduled areas and in the near vicinity of Reserve Forests, yet…
Not an inch of Jashpur district, from where human trafficking is reported on a large scale, will be left if the prospecting licenses applied by for by Jindal, MCP Kolkata and other companies are granted. Even though the law specifies that the consent of both owner and occupier are to be obtained and Jindal admits in writing that they have not obtained such consent, the entire machinery of the State Revenue department has been thrown into coercing people to grant such consent. Thousands and thousands of square kilometres have been applied for, covering 32 villages of Kunkuri block and 19 villages of Bagicha block, another 7 villages of Jashpur block and so on….
In Kawardha, Bilaspur and Dhamtari, the Reserve Forests to protect tigers, elephants and even snakes are going to be doing away with the poorest of poor of the tribal people including primitive tribes. Lofty promises of alternative land and compensation are meaningless when land rights are not ensured to the tribals before they are displaced as specifically laid down in the Forest Rights Act….
Not that the affluent peasantry are being excepted. 41 and subsequently more, leading to a total of 65 villages, of Raipur district are to be displaced for a glittering new capital region. Of course an international cricket stadium, convention centre, five star hotel complex, gems and jewelry and IT SEZ, and the bungalows of our Hon’ble MLAs (one fourth of whom are now “crorepatis”) are very much “public purpose” enough to justify this displacement. Touts of all colours are working overtime to persuade people to accept that monetary compensation, which may look attractive in a situation of failing agriculture but cannot last beyond a generation, as their fate.
The villages trapped within industrial areas are seeing their communal lands being illegally occupied by companies, and the bastis of the contract labourers who work in those factories are always under the shadow of the bulldozer, deprived of the basic amenities of water, sanitation and electricity. After long struggles these bastis have been included in the municipal bodies and the workers recognised as “citizens”. The villagers of village Chourenga which continuously resisted the setting up a sponge iron plant, are still rotting in jail on false murder charges.
In Rajnandgaon 7 villages are to be displaced for an airbase, presumably part of the State’s war preparations; and in the Raipur-Bilaspur belt, rich in limestone, a number of cement plants are to come up. The earlier bitter experiences of peasants of getting only temporary and contractual jobs during the construction period of plants and then in fact being pitted against outside workers has led to enormous tension with the unemployed rural youth. This is despite the State’s official rehabilitation policy which stipulates only permanent jobs as adequate compensation. Fertile and multi -cropped land is being acquired for the private profit of companies without even a thought of the social costs.
The Gandhian NGO Vanvasi Chetana Ashram which is trying to implement the recommendations of the NHRC to rehabilitate the villagers of 644 villages that have cleared out during the recent “salwa judum” campaign has faced demolition of their ashram, attacks and false cases on their karyakartas under the draconian Chhattisgarh Special Public Safety Act.
In every corner of the State, people are struggling against displacement.
Over the last four months about 20 grass roots peoples organisations from many districts all over Chhattisgarh – Raigarh, Jashpur, Bilaspur, Raipur, Rajnandgaon, Dhamtari, Dharamjaygarh, Dantewada and Korba have joined hands to form a loose front, cutting across traditional party lines, called the “Chhattisgarh Visthapan Virodhi Manch”, which is still growing.
This “Manch” is holding a rally in the capital city Raipur on 6th October, against all odds – despite its constituent organisations being poorly off, and having to brave the use of money power and muscle power against them by the companies.
We also know that the companies will be trying to “manage” the media.
Please come and cover the event, and bring out the voice of the affected villagers from all over Chhattisgarh.
With stunning footage from the mountain forests of Orissa state, India, Survival‘s new short film, Mine: Story of a Sacred Mountain tells the current situation of the Dongria Kondh tribe as they face and fight their own destruction. Right now, UK-based, FTSE100 firm Vedanta Resources is pushing ahead with a bauxite mine which will devastate their livelihoods and sacred sites. In this film, their voice is heard. The film is narrated by Indian-born actress Joanna Lumley and features music by Skin.
Quotes
There is no question of any placement of any person or persons. The Dongria Kondh tribe does not reside in this area. Vedanta Resources letter to Survival, 2008
We are used to the Indian government here. But the Vedanta government has come and devastated so many people. They won’t let us live in peace. They want to take these rocks from the mountain. But if they take away these rocks, how will we survive? Because of these the rain comes. The winter comes, the wind blows, the mountain brings all the water. If they take away these rocks, we’ll all die. We’ll lose our soul. Niyamgiri is our soul. Sikaka Lodu, Dongria Kondh man, November 2008
You should go to Lanjigarh and find out how the refinery came to be there. Life is so hard there. Now that people there have realised what is happening they are speaking out against it. Initially they welcomed the company but now they realise their mistake because they live like dogs. Now they realise they’ve lost their land and their homes forever. Vedanta has stolen everything from them. Go to Lanjigarh and see it for yourself. Sikaka Lodu, Dongria Kondh man, November 2008
Listen to me, dear brothers and sisters, did you hear everything? We need people from outside to stand with us. Then we have to fight. Then we can survive. We can save our land. And we can be in charge of our territory. Pidikaka Bari, Dongria Kondh man, November 2008
Recently held Public Hearing for Rupsiabagar – Khasiabara Hydro Electric Project at Munsiyari District of Uttarakhand is an example of the establishment and corporate playing farce with the provisions of public hearing provided in the Environment Impact Assessment Notification, 2006 (EIA Notification). The EIA Notification provides for conducting Public Hearing in the project-affected areas for the projects which fall under the schedule of the EIA Notification. The Public Hearing is a platform where the persons who have any objection to the project can register the same, and the proceedings of the public hearing with objections of the public are sent to the Ministry of Environment & Forest to decide over granting Environmental Clearance to the project.
The Project proponent of Rupsiabagar – Khasiabara Hydro Electric Project, National Thermal Power Corporation (NTPC) scheduled the public hearing on 11.06.2008 when most of villagers are out to higher altitude of mountains to collect ‘Yarsagumba’ ( or cordyceps sinesis is a rare herb and grows above 3,500 meters of the Himalayas) knowing very well that most of the villagers will not be able to participate in the public hearing. The NTPC scheduled the public hearing at this time to complete the formality of conducting public hearing without any opposition. The way this public hearing was conducted shows that NTPC and the State Machinery did not want Public Hearing to be conducted in fair manner.
The number of families who will be losing land is almost 1362, according to the NTPC, which is generally careful not to reveal the true figures. It is true for other projects and will happen in this project also that the villagers who are dependant on agricultural land for livelihood are paid very less compensation for their land, and the money given is not sufficient to buy similar kind of land. The money given as compensation does not last long and the farmers end up becoming labourers on the construction site or working in small hotels or dabhas in Delhi and living a miserable life. The government has developed a great law for acquisition of land, where under Section 17 of the Land Acquisition Act, 1894, invoking urgency clause it can acquire the land without entertaining any objection, but at the same place there is no proper policy about the rehabilitation of the person affected by the project.
This situation is similar as stated by Karl Marx in Capital Vol-1, referring to legislations against the expropriated of France, Netherland and Holland, that “Thus where the agricultural people, first forcibly expropriated from the soil, driven from their homes, turned into vagabonds, and then whipped, branded by laws grotesquely terrible, into discipline necessary for wage system”.
The Public hearing held on 11.06.2008 was opposed by the local people on the grounds that:
* Almost all the villagers of 8-9 villages of the project area would go to collect ‘Yarsa Gumba’
* The other villagers were not informed about the project properly.
* No sufficient information about the public hearing.
* The executive summary of the project was not made available.
* The Environment Impact Assessment report of the project was available almost at the distance of 150 K.M from the project site, which was not possible for the villagers to access.
* The Procedure of conducting Public Hearing has not been followed as provided in the EIA Notification, 2006.
The Public Hearing was scheduled at 11 AM, and just at the start of public hearing the locals got hold of dais and asked from the panel members of the public hearing to postpone the hearing. There were villagers like one Gram pradhan and Block Head who wanted to continue the public hearing for the reasons that they will get petty contracts from the NTPC during the construction of project. For almost three hours the hearing was stalled and the panel of the Public Hearing decided to postpone it. However the NTPC gave the presentation highlighting the benefits of the project and very obviously missing out the impacts of the projects. No questions or objections were raised to the panel members as the public was told that this public hearing is postponed and it will be held again in October when the villagers are back. Only two-three persons who were expecting favour from the NTPC in terms of getting contracts spoke in support of the project, to which the NTPC personnel were not tired of clapping.
The very next day on June 12, 2008 it was reported in the newspaper like ‘Amar Ujala’ and ‘Rashtriya Sahara’ that the public hearing was postponed due to protest. But the NTPC did not allow the media to ruin their plan to show the public hearing of June 11 as the final hearing to get the Environmental Clearance. The very newspaper ‘Amar Ujala’ which reported that the Public Hearing was postponed published an advertisement in its 13th June edition, that the public hearing was held for the Rupsiabagar – Khasiabara Hydro Electric Project amidst protest. This is clearly an indication that the NTPC will submit this as a final Public Hearing, showing the Ministry of Environment & Forest that the project was supported by the locals.
To paraphrase Marx, capitalism flourishes only by breaking down all resistance. Evidently, this public hearing is also an example of a strong corporate-state-media nexus, which undermines public objections and opposition, looking for every means to breakdown the resistance of the maginalised people.
“If you are living in a state which is rich in mineral wealth, you will have but a fragile democracy”. Desperately commented an activist fighting against the proposed iron ore project by POSCO in Orissa.While having tea together on the way back from Dhinkia, he abysmally expressed no hope for a change in the way by which democracy has been functioning. At the same time, adding to my embarrassment he categorically ruled out the possibility of the POSCO project getting materialised. He says the chances are very low and he attributes several reasons for the same. He is not only an activist belonging to PPSS (POSCO Pratirodh Sangram Samiti) but also a local leader of the Communist Party of India (CPI), the party which has taken a significant role in the upsurge against POSCO.
On the way back from Dhinkia, the hot bed of anti-POSCO struggle in Orissa, I repeated the same question to all the people I met there from different strands of life. I wished to know how far they believed that the project would really be materialised. The answer was not in affirmative. Neither the cream of activists who are involved in the struggle nor the NGOs who support the movement believe that the project has reached the threshold and the stage is well set for a mass scale displacement of tribes as it has been claimed throughout the struggle. Obviously the question is then why somebody is keeping the villagers of Dhinkia, Nuagaon and Gadakunjanga constantly sleepless, vigilant, alert and even armed against the foe who is sometimes visible and at other times invisible. I find the phenomena complex and abstruse in which the whole civil society initiatives including political parties and NGOs who support the struggle are playing a part of their own. There might be people who think that the time is not ripe to raise critic against a historic struggle which is on its way bloodied yet ahead. Never ever being a cynic, I believe no struggle, people’s movement or any kind of political resistance could be taken for granted. Hence there is no harm in debating over the political undercurrents of the anti-POSCO movement in Orissa.
A brief account on what had happened in the past in the phase of the struggle against POSCO, the Korean Steal giant is indeed necessary to understand what the current situation is there in the affected villages. Let me take a hairpin deviation from the questions or apprehensions raised above to the recent past of the historic struggle led by the people of Jagatsinghpur district.
The anti-POSCO struggle was triggered soon after the notorious MoU had been signed between the Govt of Orissa and the Korean steal company POSCO three years back in 2005. The people in the three Panchayats of Erasama block in Jagatsinghpur district, where 6000 acres of land is proposed to be acquired for the project, organised under the banner of POSCO Pratirodh Sangram Samiti, an umbrella organisation which is predominantly led by CPI. Abhay Sahoo the chairman of PPSS is the state secretariat member of the party. Nobody could evade appreciating CPI for its organisational investment to energise a movement which is a genuine uprising of the people against a multinational project which may take away their land and livelihood. Since the struggle started, there had been a number of bloody attacks over PPSS activists by goons employed by the company as well as police who were playing an explicitly partisan role throughout the scene. In November 2007 the camp set up by the PPSS activists was set ablaze. There were constant efforts to manhandle the activists, intimidate and thus destabilize the movement. The Naveen Patnaik Government more or less used the state machinery to throw the people away from the proposed land irrespective of all the prevailing laws which speaks in favour of the people. The government was in a hurry to move ahead even before getting the environmental clearance for the project. Anyhow the movement against POSCO, learning lessons from Kalinganagar, successfully grabbed national attention which resulted in the large scale intervention by human right activists and organisations all over. On 1st April, which is the foundation day of Orissa called Utkal Divas in Oriya, Posco Pratirodh Sangram Samiti organised a massive rally against the project which was blocked by the police. A great number of men, women and children broke the barricade and reached Balitutha the venue of the public meeting conducted thereafter. Over 2000 people participated in the rally which was a powerful expression of their determination and will against the proposed project for mining.
We, a group of six women from Delhi coming from different strands of social life sharing the common thought of upholding the politics of resistance against the spate of development without a human face, reached Dhinkia on the eve of Utkal Divas. The driver of the cab by which we managed to reach the place was detained and badly beaten up by the police next day alleging that he transported a group of Maoists who gave arms training to the villagers! We spent a whole night with the villagers and shared the agony and sense of loss in their lives. Next day we walked with hundreds of people who were marching in the rally, shouting slogans against the political project of washing out the indigenous people, marginalising the poor and displacing farmers for the corporate desires of a powerful ruling class.
On the way to Balitutha, the venue of the public meeting, we were interrogated by a journalist who introduced himself as the correspondent of Samaj, one of the leading Oriya newspapers. I revealed my identity as a journalist (an identity which I never tried to hide!) and introduced others. The story which was carried next day in Samaj was similar to the pretext used by police to torture our taxi driver – that a group of women maoist leaders camped in Dhinkia and gave arms training to the villagers! It added that the whole scene of the rally reflected the presence of Maoists who maintain the flavour of militancy in their each and every move! Being a journalist from Kerala, it was of course not an eye opener but a sharp reminder for me on how Maoists are born. Alleging Maoist presence is the easiest way to make cracks in a struggle if it is essentially against the state.
The rally, breaking the barricade, shouting slogans and taking the oath to resist up to the last breath was immensely inspiring. I was deeply disturbed by the imminent catastrophe shadowing over their lives. Hence I talked to many people who were playing a leading role in the struggle as well as those who came from outside in support of the struggle. I got more and more perplexed to see their stake in the issue. None of them really think that the project would materialise in the immediate future. The reasons are many. The hardest obstacle in the way of the project is the recently notified forest rights act. It is not hard to find that the project in its present form is a blatant violation of the scheduled tribes and other traditional forest dwellers (Recognition of Forest rights Act 2006). It is not amenable to my reason to think that any Government would take a suicidal step to go ahead with the project irrespective of the fierce reaction from the public especially when the general election is approaching. It was said by some ‘highly placed sources’ that the Chief Minister, Naveen Patnaik is not even willing to have a face-to-face meet with the POSCO officials. As far as he is concerned, the game is over at least for the time being because the mood for assembly election has already been set. It is alleged that the political leadership, the bureaucracy and even the judiciary are playing harmoniously well to bargain with the multinationals which are fascinated by the immensely rich natural wealth of the state. ‘Nobody is loosing the game’ a CPI leader and PPSS activist remarks, ‘all those who were playing in the field as well as sitting in the gallery have gained maximum monetary benefits’. He adds that, in fact the ruling front is happy to see the struggle gaining momentum, because the more the struggle is strengthened, the more they could bargain with the POSCO people! It is alleged that not only the ruling BJP-BJD front but even the leadership of Congress, which has a rather weak position in the current political scene, could not be absolved for the complicity of being a part of the biggest corruption story in the history of Orissa.
Now the focus and priority have shifted from the bargaining game to the forthcoming assembly election for which they have already started the game of winning hearts. Whatever may be the reason, I am happy that no more police actions will be there in Orissa at least for the time being. The April 1st rally itself was a clear indication of the changing attitude of the Government. The Government has strictly instructed the police not to get provoked even at the worst.
It is quite obvious that POSCO has already spent crores of rupees to grease the palm of the political and bureaucratic bosses. But you are blatantly wrong if you jump into the conclusion that POSCO is the looser in this game. POSCO has already started bargaining with Brazil which categorically denied any chance of selling its mineral wealth for an amount which is lower than the current market rate. POSCO won the game in coercing Brazil to bring down the price. The MoU signed is a powerful weapon for the company by which they could successfully conquer the market.
CPI will be regarded for being with the people in their struggles for survival. Even when bearing the brunt of the UPA rule, the party stands out by making its stake clear in such issues. But is this enough to absolve the party for being an accomplice in the game of using any kind of people’s interests for its own political gains? The answer is a big blatant NO. The ground reality is that all those who have a major role in leading the anti-POSCO struggle know well that the project is not an immediate threat. The NGOs in and out of Orissa also are not exempted from this.
I left Bhubaneswar the day after, leaving the question unanswered. Is it very necessary to keep the innocent poor villagers sleepless, alert even armed as if they have to go into a war at any point of time? They are struggling hard to make both ends meet. Don’t they have the right to sleep peacefully without the scaring boot steps? Will it be ‘politically incorrect’ to advocate for their right to take a breathing space before plunging into bloodier battles?
Whether it is the Samata ((1997)8SCC19) case, Kudramukh case or more recently the Vedanta Mining case in Orissa, mining is always in disputes and creates a tremendous conflict of interest. For government and the mining company it is always a lucrative enterprise, but for environmentalist, tribal and other affected by mining, it is a disaster. While the mining company flaunts the benefits, concealing the real impact of its project in order to get the environmental clearance from the Ministry of Environment and Forest (MoEF), the Ministry itself never seeks to assess the real impact through its so-called expert committees. There are numerous examples where a mining company has tried (rather successfully) to evict members of some indigenous community, projecting the dense forest as rocky and barren land. Even when there are hundreds of indigenous people affected, they are projected as few, and most of them are not even included in the list of Project Affected Persons (PAP).
Vedanta Alumina Limited, a subsidiary of M/s Strerlite Industries (India) Ltd proposed a one million tonne per annum capacity alumina refinery project together with a 75 MW coal based captive power plant. The bauxite for the refinery was to be sourced from the Niyamgiri Hills. Interestingly, the Alumina refinery was granted environmental clearance without linking the project with the Mining.
M/s Sterlite (the parent company of M/s Vedanta) applied for environmental clearance on 19.03. 2003 to the MoEF. In the application, Vedanta stated that no forestland is involved and that within the radius of 10 kms there is no reserve forest. M/s Vedanta thereafter on 16.08.2004 applied for use of 58.943 ha forestland consisting of 28.943 ha village forest and 30 ha reserve forest. However, the application for environmental clearance was not modified and the same was processed on the premise that no forestland is involved.
Further, though Mining at Lanjigarh was integral part of the Alumina refinery project, Vedanta could not have started the work on the Alumina refinery without getting the clearance for mining also. As per the guidelines of the MoEF – “for projects requiring clearance from forest as well as environment angles, separate communications of sanction will be issued, and the project would be deemed to be cleared only after clearance from both angles…”
M/s Vedanta requested the MoEF to grant environmental clearance for the Alumina Refinery Plant stating that it would take three years to construct the refinery plant whereas mines can be opened up in one year. In its application for seeking environmental clearance for the project dated 19.3.2003 it is stated that “nil” forestland is required for the alumina refinery and that within a radius of 10 km of the project site there is no reserve forest, which is contrary to the facts on record. Subsequently, on 16.8.2004 a proposal for allowing the use of 58.943 ha forestland, consisting of 28.943 acre of “Gramya Jungle Jogya” land and 30 ha of reserve forest, was moved under the FC Act through the State Government to the MoEF. Out of the above, 26.123 ha forestland was required for the refinery, 25.82 ha for the mine access road and the balance 7.0 ha was required for the construction of the conveyor belt for the transportation of the mineral from the mine site to the plant.
The MoEF gives environmental clearance for Alumina Refinery Project by delinking it with mining project. In the environmental clearance it is stated that no forestland is involved, even though the application under the Forest Conservation Act was still pending.
As per para 4.4 of the guidelines laid down by the MoEF “Some projects involve use of forest land as well as non-forest land. State Governments / Project Authorities some times start work on non-forest lands in anticipation of the approval of the Central Government for release of the forest lands required for the projects. Though the provisions of the Act may not have technically been violated by starting of work on non-forest lands, expenditure incurred on works on non-forest lands may prove to be infructuous if diversion of forest land involved is not approved. It has, therefore, been decided that if a project involves forest as well as non-forest land, work should not be started on non-forest land till approval of the Central Government for release of forest land under the Act has been given”
But Vedanta started the work on Alumina Refinery in blatant violation of this provision.
Three applications were filed before the Central Empowered Committee (CEC), constituted by the Supreme Court of India against establishment of project and the environmental clearance granted by the MoEF without considering the forest area on 22 Sept 2004 to M/S Vedanta Alumina Ltd. The CEC heard the matter and also conducted a site visit of the proposed refinery plant and mining area. The CEC filed their report on 21 Sept 2005 before the Supreme Court with the recommendation that the apex court may consider revoking the environment clearance dated 22/09/2004 granted by the MoEF for setting up of an Alumina refinery plant by M/S Vedanta and directing them to stop all further work on the project.
The Supreme Court in its order dated 03/02/2006 in I.A.NO 1474 with I.A.No.1324 in writ petition (civil) No.202 of 1995 directed the MoEF, GOI, New Delhi that various studies to assess the impact of the project may be carried out within three months. Accordingly the MoEF placed the application for forest diversion of Lanjigarh Bauxite Mine before the Forest Advisory Committee (FAC), constituted under section 3 of the Forest (Conservation) Act, 1980. The FAC after examining the proposal also suggested for carrying out in depth studies to assess the impact of the project. The MoEF, GOI, New Delhi directed the Central Planning and Designing Institute (CMPDI), Ranchi to carry out the above-mentioned studies.
The Wildlife Institute of India (WII) submitted their report dated 14 June 2006 to Forest Advisory Committee and it was examined by them in its meeting held on 30 Aug 2006.The WII was asked to reexamine the report in the light of facts and figures put forward by the State of Orissa. The WII prepared a supplementary report dated 25th Oct 2006. In this report WII put their point of view on wild life, likely adverse impact of mining and identification of alternate source of bauxite among others. The studies related to soil erosion, impact on ground vibration and the studies related to soil erosion, impact on ground vibration on hydrological characteristics, flow of natural water resources/ streams etc were carried out by the Central Planning and Designing Institute (CMPDI), Ranchi as per the request made by the Orissa Mining Corporation (OMC) and after their proposal was accepted by the OMC.
The approach of the Supreme Court is perplexing, as the Central Empowered Committee clearly pointed out the illegality in the clearance granted and once the clearance is granted then post facto impact study is not provided in law.
The Niyamgiri hill is spread over in 250sq.km. of area. This hill is also known as Dongaria Kondha country. Dongaria Kondh is one of the primitive and schedule tribes of the state and fully dependent on the Niyamgiri Hill. If one claims to be Dongaria Kondh then he must reside in the Niyam Giri Hill. Niyamgiri Hill is also a source for Vamsadhra River, along with for various other perennial streams. Mining in the Niyamgiri Hill involves a blatant violation of various laws which are there for the protection of Scheduled tribes, like the Orissa Schedule Areas Transfer of Immovable Property (Regulation) 1956, the Scheduled Caste and Schedule Tribes (prevention of Atrocities) Act 1989. .
The mining company put up the point that by mining there will be a development of the area, the villagers will get employment etc. But the reality is the villagers who are self-dependent, having land of their own will become marginalized workers in the mines. As most of the villagers are unskilled for industrial or mining work, they will only get job of informal and unskilled labourers dependent on the whims of the company and the contractor. They lose everything to pass over to the next generation except the misery of working in the mine. We all know also who benefited from the mining at Dhanbad and various parts of Rajasthan for several decades.
The Supreme Court is hearing the matter in detail but has not stayed the work on this 4000-Crore-Rupees-project on the ground of large investment involved. Tendentially, the company’s argument before the Court is that, as they have spent a large amount of money, so the project should not be scrapped.
While at the same time, the Courts are quick in granting the removal of jhuggi jhopris (urban poor settlements) in Delhi and other metro cities in the country on the ground of being unauthorised. However, if the investment of the jhuggi jhopris is considered, then that is in fact an absolute investment by the poor people living there. Moreover, the same courts have allowed construction of big shopping malls and even 5-star religious temples like the Akshardham Temple in East Delhi on the same land from where the authorities removed the Jhuggi jhopries.
With all regards to Indian judiciary, we must admit that in recent years, unlike in the 1960s-70s, it is unwilling to check the reckless pace of corporate industrialisation, which is taking its toll on the environment, tribals and people in the pursuit of profit. On the other hand, the downtrodden majority has no recourse left within the coordinates of the status quo (as fixed in the constitution, interpreted by the judiciary and amended by the legislature), except queuing up for electoral rituals now and then.
Narmada Bachao Andolan
2, Sai Nagar, Mata Chowk, Khandwa, M.P.
Phone : 094259 -28007, 094253 – 94606
E-mail : nobigdam@bsnl.in
URGENT APPEAL FOR SUPPORT
16th June 2007
Dear friends,
Today is the 13th day of the indefinite dharna at Khandwa of the people of the Indira Sagar and Omkareshwar dams on the Narmada river. It is also the 11th day of the indefinite fast of five representatives of the struggle who have been on fast since the 6th of June 2007.
The dharna began on the 4th of June, 2007 with a resounding rally of over 12,000 oustees of the Indira Sagar and Omkareshwar dams in the town of Khandwa followed by a gherao of the NHDC (Narmada Hydro-Development Corporation) which is building the dam. Since then 5000 oustees have been sitting on dharna in Khandwa with the resolve that they would go back to their villages only when their demands are met.
The villagers have taken complete financial and logistical responsibility for the program, and the atmosphere is heady. Food for 5000 people is being cooked and served twice a day with the condiments and grain and dal brought by each individual villager and premises given to us by the local Gurdwara. There is a great deal of song and dance and sharing of experiences. Desks for filing complaints and counseling are also being run. Such has been the dire nature of the R&R process in the Indira Sagar and Omkareshwar dams, that more than 11,000 complaints have been prepared and filed with the NHDC in the last 13 days.
Dharna and Fast to continue until all demands are met
The activists sitting on indefinite fast are Krishnabai, Dalit woman from Village Bichola Mal, District Harda, ISP submergence, Surajbai, Dalit woman from Village Bichola Mal, District Harda, ISP submergence, Ashok Sharma, Village Gogalgaon, Omkareshwar dam submergence, Bhagwanbhai Sardar Sarovar submergence, senior activist of the NBA, and Chittaroopa Palit, activist of the Narmada Bachao Andolan.
Today is the 11th day of their fast. Their spirits and their resolve to take the struggle to victory is very high. Naturally, however, their health is declining and weakness has come in. Particularly Krishnabai, a frail 32 kgs. is in great pain and is continuously vomiting.
Our demands
Our main demands in the Indira Sagar area are that
(1) Agricultural land should be provided to the villagers who are facing fresh submergence in the thousands of acres of land now found in the surveys.
(2) All adult sons and adult unmarried daughters of cultivators should be provided land or SRG as directed by the High Court in the Order dated 8.09.2007 and which the State Government is refusing to comply with.
(3) Landless families should be provided 5 acres land in the draw-down of the Indira Sagar reservoir, along with irrigation facilities.
(4) Employment guarantee schemes should be provided in every R&R site such as New Harsud, Kalapatha, Bangarda where people are undergoing starvation.
(5) Thousands of houses that have been deliberately and illegally been left out of the acquisition process after surveys preceding Section 4 Notification and after in many cases the service of notices under Section 9 of the Land Acquisition Act should be included and compensation and R&R entitlements provided.
(6) Every R&R site should be leveled or where people have already spent thousands of rupees to build plinths in the undulating wastes of the R&R sites, compensation should be paid for the plinth filling.
For Omkareshwar, the demands are
(1) Agricultural land for the cultivators,
(2) land for the adult sons and unmarried adult daughters of the cultivators, as per the R&R Plan of 1993 for the Omkareshwar Project
(3) Land for the landless families as per the condition of the environmental clearance.
(4) Better facilities including sufficient potable water in the R&R sites.
Callousness of the state and the lack of response
Since the beginning of the dharna, the people have been facing the callousness of the State government who have till today not bothered to address the grave concerns of the people or initiate any serious negotiations. On the contrary in the last few days, they have been trying to bring the dharna to a halt. Two days ago, the water supply was stopped for 17 hours. Finally, only when the women blocked the streets, the authorities were forced to resume the water supply. The refusal of the state to respond to the popular struggle is extremely troubling but the people are determined that they will compel the state to accept their demands through democratic struggle.
High Court stipulates land for land
On the 18th of May 2007, in the case of the Omkareshwar dam, the Madhya Pradesh High Court had passed an Order directing that the gates of the dam should not be closed until all the villagers are rehabilitated with agricultural land as per the 1993 R&R Plan of the Project and only after giving them 6 months breathing time after the completion of R&R.
Supreme Court permits dam filling
However the State of Madhya Pradesh and NHDC filed Special Leave Petitions and on the 11th of June, the decision of the High Court was stayed by the Supreme Court without going into the merits of the matter. The State Government and the NHDC stated on affidavit that of the 30 villages affected by the Omkareshwar dam, 25 villages would not be affected by the rise in level up to 189 meters, and the other 5 villages are already vacated.
However, the Supreme Court declined to pass any order on the land question and sent it back to the High Court while disposing off the SLPs. The matter begins in the High Court from the 18th of June, 2007. After the SC decision, the dam gates were closed on the 13th of June. The waters have reached crest level 184 meters in the last two days already and are rising further.
Repression in Omkareshwar villages after SC Order, resistance by people
It may be noted that the in their affidavits in the High Court and Supreme Court, the State Government and the NHDC stated that of the 30 villages, only 5 villages are in the submergence at 189 meters and the other 25 villages will not be affected at 189 meters. Moreover, they also stated that even from these 5 villages, in Gunjari where 22 houses were denied compensation after having been given Section 9 notices not once but twice, would not be affected at 189 meters and its back-waters.
However immediately after the SC order, the State government started severing electricity and water in several villages like Ekhand and Gogalgaon by removing transformers. The villagers are resisting the disconnection of facilities fiercely in the villages. At the same time, on the 13th the people on dharna ghearoed the Khandwa Collectorate and demanded restoration of facilities and removal of police. As a result, the transformers have been re-connected. The villagers have now stated that since it has been said that they will not be affected at 189 meters, no officials should enter their villages.
Gunjari satyagraha begins against illegal submergence
Meanwhile, the 22 houses of Gunjari and several more houses of Bakhatgarh and Sailani and 115 families of Jiroth hamlet of Village Kelwa are likely to be submerged in the next one or two days – Gunjari probably in the next few hours. In the face of the complete denial of their entitlements and the false affidavits of the State and Project authorities, the people of Gunjari have taken a decision to face the waters but not move. The people of the other villages have decided to join them in their satyagraha.
Appeal for support
As you can see, events are unfolding very quickly. Meanwhile the dharna and the indefinite fast continues and is taking its toll on the fasters. You are aware that both Indira Sagar and Omkareshwar dams are complete and are on the verge of full reservoir filling which will cause full submergence, are only stopped by the stay on the full filling of both these dams because of non-fulfillment of R&R, due to legal intervention by the NBA.
To ensure that this program of struggle against the tyranny and impunity of the NHDC and the State government and the fulfillment of the legal and just rights of the oustees, we need your help and support. We request you to:
1. Come to Khandwa to extend your support to struggling oustees.
2. Write to Chief Minister and Governor of Madhya Pradesh asking them to fulfill the demands of oustees.
What happened on June 12, 2007 was the most seminal event in the long drawn struggle of the producing forces against religious politics in India.
Shahi Imam of Delhi – the supreme Sunni cleric adjudged in the north of India and in almost all of India among the Sunni Muslims visited Nandigram. This man had maverick and chequered history of jumping boats and turning coats in politics, yet for some reason he is the most revered “institution” among the Muslims. When all faces of the ruling Left front was lost, the “champions of secularism and the poor people and the minorities” – CPM accosted the Imam to make an official visit in Nandigram. The Imam “carried” the “good will and wishes” of the Chief Minister – the infamous Buddha Bhattacharya. He came, were greeted by the local CPM, was chaperoned by the police and ventured into Nandigram to say that the protestors need to back off and the Left front is sincere and harbours all good wishes. He asked for the audience in the local mosque. The mosque was pre-occupied by the notorious Muslim sub-group of the local CPM leadership. The general people were few who frequent the said mosque almost everyday for Namaz/Salat. The moment Imam opened his mouth the local population protested his remarks. The CPM goons openly threatened the people in front of the police and the Imam looked away and kept on ranting his praises to the government. That was un-bearable. The Namazis boycotted the speech- they yelled, ‘if the Imam has to get into politics, why is he not coming as a political leader and why is he coming as an Imam?’ The local believers- the Momens shouted at him that the people of Nandigram has struck a wonderful relation with people of all religions and accused the Imam of trying to play communalism. They questioned the authority of the Imam to use religion for this purpose. Protests gathered storm and the police declined to take up the responsibility of security. The people swelled up and Lo and behold! The body language of the local Muslims and the leadership- the main trio Abu Sufian, Abu Taher, Abdus Samad of the Bhumi Ucched protirodh committee who till yesterday always donned the Islami cap even on battlefronts removed the cap from the head and challenged the Imam. The first sign of dis-illusion. The entire Muslim strong population rose with one voice against any usage of religion in politics.
For the first time the entire Muslim population collectively turned down the Imam’s authority. For the first time the Momens shooed and booed their Imam out! For the very first time the Muslim population shouted that the Imam is meddling communalism! For the very first time the Hindu right reactionary party said that “Imam is trying to divide the Hindu-Muslim unity”! For the very first time Jamiat e ulema e Hind – the Tablighi Jamat , run by the Ulemas rejected any intrusion by their Imam. For the very first time the most fundamentalist Jamat-e-Islam accused Imam of un-authorized activity. For the very first time the “smaller” Imams of entire West Bengal came out openly against the Shahi Imam! Nandigram teaches us people’s unity, people’s struggle. Nandigram teaches us that class struggle is far more strong than any religious underplay. Nandigram teaches us the way people will behave tomorrow. This is not a lesson for West Bengal, but for the whole of Indian sub-continent. Religious equations are always a part of the game plan of imperialists, but united and collective struggle effaces all these ploys. Nandigram teaches us how to be a Bengali, an Indian, an Asian, a citizen of the world.
Fifth Day of Indefinite Hunger Strike
The Plight of Displaced People Worsens : Due to Blatant Flouting of Supreme Court Orders
The Price of Thousands of Lives is Larger than the State’s Fiscal Loss
On the fifth day of the indefinite sit-in of the Omkareshwar and Indira Sagar affected people, thousands of families are still continuing to throng the dharna site. The indefinite hunger-strike of a group of five people comprising of affected persons and activists of the Narmada Bachao Andolan as well as the three-day hunger strike in solidarity by 89 people from 30 affected villages continued today. A large number of people from the Maheshwar dam affected regions visited the dharna site too, and expressed their solidarity.
It is to be noted that thousands of displaced people from both the Indira Sagar Project as well as Omkareshwar project are being forced to suffer like destitutes due to the non-compliance of rehabilitation policy and plans. According to the information provided to the High Court by the state government and NHDC, more than 85% of the families displaced from the first five affected villages of the Omkareshwar project – namely Sailani, Bakhatgarh, Gunjari, Paldi and Rampura – have been unable to purchase any land. Same is the case of more than 83% families of the Indira Sagar project. More than 80% of the families who have been unable to buy land are the marginal and small farmers and adivasis, harijans and other poors. It is clear from these figures that displacement has pushed these affected people to the brink of total pauperisation.
The Supreme Court of India, considering displacement as an issue related to the Fundamental Right to Life and taking it under the Article 21 of the Constitution of India, has guaranteed full protection to the displaced people. In the verdicts of the Supreme Court in case of Narmada Bachao Andolan v/s Union of India of the year 2000 and year 2005, and of N D Jayal v/s Union of India regarding Tehri Dam, the apex court clearly ruled that after displacement the life standards of displaced people must be better than before. But the plight of the displaced people from the Indira Sagar and Omkareshwar affected regions clearly shows that these Supreme Court orders have been blatantly flouted. In fact the High Court of MP (Jabalpur Bench) has ordered that the reservoirs of Indira Sagar and Omkareshwar dams should not be allowed to fill up because the rehabilitation of the displaced persons has not been done according to the rehabilitation policies and plans.
Not only this, the government surveys in the case of both Indira Sagar and Omkareshwar dams have been proven false. In the surveys conducted after the orders of the High Court, thousands of new houses and thousands of acres of extra land has been found to be coming under submergence. Not only have these newly declared affected families not been rehabilitated as yet, but their land acquisition also has not yet taken place. In this scenario, to fill up the dam reservoirs will mean a direct threat to the lives of all these families. The claims of the project authorities that not filling up water in the dam reservoirs is causing fiscal loss to the state government shows the apathy and indifference of the authorities regarding the lives and Right to Life of these thousands of families.
It is due to this insensitivity of the state government and NHDC that over five thousand people have been forced to leave their farming and labour to sit on a dharna in Khandwa. The affected people have expressed their firm resolve that they will return to their villages only when they achieve their just and full rights.
Alok Agrawal
Dharamraj Jain
NARMADA BACHAO ANDOLAN
2, Sai Nagar, Mata Chowk,
Khandwa, Madhya Pradesh.
Phone : 0733-2228418,2270014
