Radical Notes
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Posted by Radical Notes April 24, 2012 at 2:07 am in Delhi, India, Labour, Press Release, West Bengal, Working Class
Halt eviction drives of urban slums and colonies!
Uphold the struggle of the toilers for the right to land!
Militant resistance in Nonadanga long live!!
Comrades, we are witnessing today the militant resistance of slum-dwellers of Nonadanga against the eviction drive of the Kolkata Metropolitan Development Authority (KMDA) through brute police force. Nonadanga presents us with the determination of the urban poor and working class to constitute an alternative form of social, political and economic power. The residents of Nonadanga have refused to budge from the site, have put up temporary shelters and a community kitchen, and are confronting the police everyday with their bare hands and their indomitable will, trying to hold on to whatever little they are left with. Since April 11, 5 comrades under Ucched Pratirodh Committee have persisted with a fast-unto-death in the site for 12 days with undeterred support of the entire slum, and beyond. Reconstruction and rebuilding of the demolished houses are being undertaken by them.
Nonadanga is a paradigm of struggle and unity that must be generalised across Kolkata, West Bengal and beyond. For, it’s only through the eruption of a hundred, thousand, million Nonadangas across the country – that the working class will be able to effectively pose its might and vision against the prevailing hegemony of neo-liberalism and its authoritarian political executive. In the absence of such a countrywide generalisation of urban resistance, the working masses of this country, including the residents of Nonadanga, have no hope in hell.
We are witnessing in India today, a ground preparing for a rising tide of urban upsurge. However much the ruling classes seek to dazzle the working people with the shine of their developmentist fables, corporate parks and election promises, they cannot hide from us the violence that is intrinsic to this process of capitalist ‘development’. Even as the agrarian crisis daily pushes the peasantry from villages to the cities as a proletarianised mass, capital is busy robbing this ever-growing population of urban workers of its bare necessities such as living wages, adequate land, decent housing and clean drinking water by putting up ever-heightening enclosures of rent and user-charges. Not just that. The political executive of capital does not flinch from turning the misery it produces into an opportunity for further accumulation. Even the demand for rehabilitation is used by neo-liberalism, more often than not, to carry out yet another assault on the reproduction of labour-power. The increase in distance between the place of residence and the source of livelihood that most resettlement and rehabilitation process imposes on the evicted slum-dwellers further devalues their labour-power by lengthening their average labour-day. Worse, any murmur of dissent against such accumulation by dispossession is brutally crushed by the state in order to ensure that the value of our labour-power can be progressively diminished even as the rate of extraction of surplus value is simultaneously enhanced and capitalist class power is reinforced.
The ongoing struggle against forcible eviction of slum-dwellers in Nonadanga, Kolkata, has revealed precisely that. On March 30, 2012, the KMDA, with the full support of the Trinamool Congress-led West Bengal government and its police force, bulldozed and burnt down the houses of over 200 families in the shantytown of Nonadanga in the name of ‘development’ and ‘beautification’. These people, who have lost their homes and hearths, are those whose cheap labour is ‘legally’ exploited to run the economy of the entire city. They are the toilers of unending nights and days, informal-sector workers and unemployed battling precarious living conditions. Among them are either those who were resettled here after being evicted from various canal banks across the city, or those whom the Cyclone Aila (2009) and the farm crisis uprooted from villages in the Sunderbans and other parts of the state respectively.
The state (and the corporate media), acting on behalf of capitalist land sharks eyeing this prime location in the city, are hell-bent on portraying these people as ‘illegal encroachers’. It has unleashed police and ‘legal’ repression, on an everyday basis, on all those who have been trying to resist this. A march of residents, under the banner of Ucched Pratirodh Committee (Resistance-to-Eviction Committee), was brutally lathicharged by the police on April 4, and again a sit-in demonstration four days later (April 8th) was violently broken up and 67 people arrested. Subsequent meetings and rallies held in solidarity with the movement on April 9 and 12 were attacked by goons and hundreds of activists were arrested by the police. Seven activists of various mass and democratic rights organisations, which stood in support of the Nonadanga movement, are either in jail or in police remand till April 26. Cases under Sections 353, 332, 141, 143, 148 and 149 of the IPC have been slapped on them. One of them, Debolina Chakraborty, has even been charged under the draconian Unlawful Activities Prevention Act (UAPA). During a court hearing on April 12, a prosecution team of 40 lawyers made a concerted bid to implicate them in a slew of false cases and paint them as ‘anti-national’, opening earlier ‘Nandigram cases’, even going so far as to claim that Nonadanga was used for ‘stockpiling arms and ammunition’. We remember that this Mamata Banerjee-led Trinamool government came to power using the anger of the people over the Singurs and Nandigrams of the previous CPI(M) government to its parliamentary ends. It is they who are now using the instruments of repression at their disposal in a hurry to prove themselves as faithful lapdogs of their class masters.
Comrades, Nonadanga has shown us the way. For, the sword of eviction hangs not just on a Nonadanga, or for that matter a Bhalaswa (Delhi). Today in India, 256 lakh people are homeless or live in abject conditions in slums, and this number is progressively on the rise. Forget jobs or providing decent education, the state is retreating from all its responsibilities of providing us with the cost of living and reproduction. Evicting us from our homes has become the norm, as the cities are restructured according to the needs of the ruling classes. In Delhi, Shiela Dixit’s Congress-led government has drawn up a list of 44 colonies to be evicted in the next few months- 33 in the first phase. The criteria for being allotted the meagre government flats is possession of voter identity card, aadhar card and ration card as of 2007, and a capacity to make a down-payment of Rs 80,000. We are thrown into these legalisms even as we suffer the already inadequate housing and water situation. Even in the six resettlement colonies in Delhi, the conditions are horrendous. When one of our comrades from Bhalaswa presented Delhi CM Shiela Dixit with a bottle of water from her area, the CM was at first deceived by the colour of the water to think that she was being offered Pepsi-cola to quench her thirst. People living in slums in various parts of the city are the ones who make the city what it is, who make the super-profits of the capitalists possible. It is these people who become an embarrassment for the government, whichever party is in power, and whatever their false election promises. We remember the spate of demolitions which was the run-up to the Commonwealth games 2010, and how the political managers of capital attempted to hide our ‘dirty’ dwellings and crush our then disunited voices of protest. This continues daily, even today. On 20th April 2012, the DDA with over 2000 police force, attempted to demolish and evict slum-dwellers from Gayatri Colony near Anand Parbat industrial area in Delhi, but were forced to retreat faced with the unity and resistance of the residents.
Even here in Delhi, we have daily struggled on the streets for our rights and demands. We have, however, also been disunited owing to our precarious existence and localised struggles. When in Kolkata, our brothers and sisters are fighting it out not merely for survival but for the right to live a dignified and free life, let us wish it all power and condemn the authoritarian actions of the government of West Bengal. Let us stand with them in solidarity, and also intensify our struggles at our own locations.
We condemn the action of the Trinamool-led West Bengal government and the brutal lathicharge on the Nonadanga residents and their supporters on April 4, and the threat of impending everyday violence. We also condemn the arrest and framing of activists who stand in support of the resistance.
WE DEMAND:
Immediate and unconditional release of all the activists arrested on April 8. Drop charges against all seven of them: Debolina Chakraborty, Samik Chakraborty, Abhijnan Sarkar, Debjani Ghoah, Manas Chatterjee, Siddhartha Gupta and Partha Sarathi Ray.
Drop the draconian UAPA and all charges on Debolina Chakraborty, and release her immediately and unconditionally.
The state must stop further harassment of residents and activists, and apologise to the people for having infringed upon its democratic right to organise and dissent; and take action against the police officers involved in the lathicharge on April 4.
The right to housing and rehabilitation of the slum-dwellers and hawkers in Nonadanga must be immediately ensured in a fair and just manner so that that their labour-power is not further devalued.
All construction in Nonadanga by the KMDA must come to an immediate halt. The eviction drive in the city, and the anti-people programme of neo-liberal capitalist development of which it is an integral part, must be stopped.
The process of slum-eviction in Delhi must be stopped immediately and inhabitants of the jhuggi-jhopri clusters in the city should be provided with adequate land, and respectable housing with clean drinking-water sources and proper sanitation amenities.
Join a protest demonstration outside
Banga Bhavan on 25 April 11.30 am
Sd/-
All India Federation of Trade Unions(New)
All India Students Association
All India Revolutionary Students Organisation
Bigul Mazdoor Dasta
Disha Chatra Sagathan
Inquilabi Mazdoor Kendra
Jamia Teachers Solidarity Association
Krantikari Naujawan Sabha
Krantikari Yuva Sangathan
Mazdoor Patrika
Mehnatkash Mazdoor Morcha
New Socialist Initiative
Peoples’ Democratic Front of India
Progressive Democratic Students Union
People’s Union for Democratic Rights
Posco Pratirodh Solidarity-Delhi
Radical Notes
Sanhati-Delhi
Shramik Sangram Committee
Students For Resistance
Vidyarthi Yuvajan Sabha
Posted by Radical Notes April 22, 2012 at 7:03 pm in Delhi, India, Press Release, Working Class
Slum Razed Near Anand Parbat in West Delhi
Agitated Slum Dwellers Protest in Large Numbers Outside the Chief Minister’s Residence in Janpath
CM assures to look into the Case and Calls for a Stop to the Demolition
On April 20th 2012, officials from DDA, along with a huge deployment of policeman, began the process of demolition in Gayatri Colony, near Baljeet Nagar (Anand Parbat industrial area). Earlier last year, portions of this slum cluster were demolished by the DDA. It is to be noted that no prior notification was released by the DDA about this demolition drive. As a result, the residents were taken completely off-guard. When the hapless residents tried to collect their belongings, they were thrashed by the police. More than 1000 families have suffered a huge loss of property, and are now denied basic amenities like shelter, drinking water, sanitary facilities, etc. Even now bulldozers are razing large portions of the slum cluster.

The agitated slum dwellers decided to protest outside the Chief Minister’s Office in Janpath, and bring to her immediate attention the plight of the thousands of impoverished workers and their families residing in the slum. The agitation was carried out under the banner of the Ghar Bachao Morcha, a body formed by the slum dwellers last year itself. The Hon’ble Chief Minister met with a three member delegation which apprised her of the large scale loss faced by the residents. In a powerful memorandum submitted to Shrimati Sheila Dixit, the slum dwellers argued how the DDA was encroaching upon their right to shelter which is enshrined in the fundamental right to life [Article 21, Constitution of India]. The delegation also apprised her of the police atrocities committed during such demolition drives.

The agitating slum dwellers have highlighted how most of them are migrants who have come from villages and tribal belts in search of honest employment. Facing financial ruin due to the precarious agrarian cycle, or because they have been displaced due to industrial/mining projects in tribal belts, many migrants come to cities like Delhi. Most of the male migrants work in factories/sweatshops or as rickshaw-pullers and vendors. Women migrants work as maid-servants in people’s homes or participate in the informal sector of the economy. Despite their important role in the socio-economic fabric of this city they are treated with little respect and made to feel as if our lives have no value. The agitating slum dwellers also highlighted how in a city where the law pertaining to rent regulation and minimum wages are violated continuously, migrant workers have no option but to reside in the cities in the slums. With their meager incomes and faced with the problem of soaring rents in authorized colonies, they are forced to live in slum settlements like Gayatri Colony. Activists from the Ghar Bachao Morchs also highlighted that the past record of DDA’s slum-clearance clearly shows that lands from which slum dwellers are evicted are mostly used for construction of malls or high-rise residential complexes which only the rich can afford. This, they argued was most unfortunate, considering that the DDA is supposed to cater to the needs of all strata of society. However, in reality very little of DDA’s finances are spent on housing projects for the poor.
Hearing their case, the Chief Minister agreed to a second meeting on Monday, 23rd April at her residence. She has assured the Ghar Bachao Morcha members that DDA officials will also be present at the meeting so that some immediate resolutions can be reached. The question of compensation to those who have lost their belongings will be central to the discussion. As of now, the CM has also assured that the demolition drive will be stopped.
Alok Kumar
Convenor, Ghar Bachao Morcha
Posted by Radical Notes December 3, 2011 at 11:14 pm in Delhi, India, Labour, Press Release, Working Class
Sunil Kumar, Blind Workers Union
(A Unit of All India Federation of Blind Workers)
Affiliated to Workers Unity Center of India, WUCI
Today, on December 3, 2011, more than a thousand visually challenged workers from Benaras, Nasik, Kanpur, Faridabad, Bahadurgadh and Delhi participated in a massive protest rally on Parliament Street. Their rally was taken out from Jantar Mantar to Parliament Street on the occasion of World Disability Day. It was a culmination of an earlier struggle these blind workers have carried out against a well-known NGO which employs and exploit them, i.e. the National Federation of the Blind (NFB). The rally was an extremely important moment for these workers since they were using World Disability Day to expose how they were still denied many fundamental rights at workplaces. Instead of celebrating this day in the usual festive manner, these blind workers celebrated World Disability Day as a black day, which marked unfulfilled promises of equality.
Initially, the Delhi Police refused to allow the rally to proceed to Parliament Street. However, the agitated workers refused to be held back and broke free of the barricades so as to march onto Parliament Street. Quite expectedly, their fiery spirit did not mellow down, despite being manhandled. Following their protest rally, a delegation of the workers submitted a memorandum to the Hon’ble Minister of the Ministry of Social Justice and Empowerment, Government of India. The delegation met the concerned minister, Shri Mukul Wasnik, and apprised him of plight of blind workers. They drew the minister’s attention to the fact that the government was doing little to prevent the rampant violation of its own laws pertaining to disability. In particular, the workers highlighted the violation of several provisions in the Persons with Disability (Equal Opportunity, Protection of rights and full participation) Act of 1995.
When discussing matters with the Minister, the workers highlighted how section 33 of this Act, which provides 3% reservation in identified posts (1% being earmarked for the blind and low vision persons), is unable to provide sufficient respite to the disabled because of inadequate job creation in the public sector itself. Another important provision in this 1995 Act which is far from being implemented is section 41. It provides incentives to disabled persons so as to ensure that at least 5% jobs of all workforces goes to them.
However, as highlighted by the protesting workers, both the older laws and policies as well as the newest government policies are failing miserably when it comes to ensuring a dignified and productive life to disabled people, in particular, disabled workers. For example, even the recently adopted National Policy for Persons with Disabilities (2006), which provides incentives, awards, tax exemption, etc. is redundant because the private sector which employs a large number of disabled workers, is least interested in implementing such policies, let alone statutory labour laws pertaining to minimum wages and parity at work. In fact, the promise of the National Policy for Persons with Disabilities (2006) to create one lakh jobs is still a mirage today. In this light, the recommendations of the Sudha Kaul Committee which was constituted to help frame a policy on disability, are also flawed. This Committee, for example, has made no recommendations with respect to labour rights relating to safety when assisting in the drafting of the Right of Persons with Disability Bill, 2011.
The gathering of workers on Parliament Street was addressed by aggrieved workers (those employed by National Federation of the Blind) as well as their leaders. Shri Alok Kumar from the All India Federation of the Blind addressed the gathering, and argued how shameful it was that National Federation of the Blind was also commemorating World Disability Day when this NGO itself exploited the impoverished blind workers. He went on to argue how necessary it was for the government to create more jobs opportunities for disabled workers, and how the government should ensure that all statutory labour laws are implemented in production centres run by “social service” organizations (like NFB) as well as other employers. Indeed, almost every blind worker who stood up to speak, emphasized that NGOs like NFB as well as other employers, act as if they are doing the blind workers a favour by employing them. In reality, as employers they earn huge profits from the labour of these workers. NGOs, in particular, also amass huge amounts of funds from the Government/foreign funding agencies by using the face of these poor blind workers.
It is with the express purpose of attaining greater job opportunities for disabled workers as well as parity in work conditions and wages between blind workers and sighted workers that the spirited rally of blind workers marched onto Parliament Street.
Contact: 9313730069
Email: blindworkersunion@gmail.com
Posted by Nayan Jyoti October 3, 2011 at 9:08 pm in Haryana, India, Labour, Press Release, Working Class
MARUTI SUZUKI EMPLOYEES UNION (MSEU)
release: 2nd October
After a long struggle since August 29th and many rounds of negotiations, a settlement has been inked between the management of Maruti Suzuki India Ltd., IMT Manesar, and the workers representatives on 30th September 2011. The important thing in the settlement is that of the 62 workers, the 18 trainee workers have been taken back on duty. Of the 44 permanent workers, the termination has been revoked for the 15 workers, and now all 44 are on suspension with a legal process of enquiry that will take it course. We on our part reiterate that the pending charge-sheet are false and shall be defeated. The settlement binds us to a salary deduction for the period of struggle with a no-work no-pay rule. However the most important thing in the entire phase of standoff is the strength of the workers as a united force, which still stands unfazed and we shall come back in struggle and on duty.
With this settlement, the management-worker disagreement ends for the interim. We shall carry forth our part of the duty of production, and also ask the management to keep its promise, as set in the settlement, that it shall not take any action on the workers with bad faith or with vengeance. We thank all the central and independent trade unions, the workers in the Gurgaon-Dharuhera-Manesar-Bawal belt, and from across the country and beyond, as well as individuals concerned with our struggle, who have stood by us and lend us support in various ways. It is this strength and our unity that stands unwavering with us which is the inspiration we hold on for the time to come.
Maruti Suzuki Employees Union
President: Sonu Kumar
General Secretary: Shiv Kumar
Posted by Radical Notes September 26, 2011 at 7:35 pm in India, Labour, Press Release, Working Class
Peoples Union for Democratic Rights
26th September 2011
PUDR wishes to draw public attention to the recent controversy where Planning Commission informed the Supreme Court that anyone earning more than Rs 32 in urban and Rs 26 in rural areas per day is considered above the poverty line. Article 43 of India’s Constitution lays down that “(t)he state shall endeavour to secure by suitable legislation or economic organisation or in any other way to all workers, agricultural, industrial or otherwise, work, a living wage conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities”. India’s low ranking in major human development indices and the fact that an overwhelming majority of the population continue to be denied this conceptualisation of what would be considered a “fair wage”, raises disturbing questions with regard to the official standpoint on poverty.
In 1957 at the 15th Indian Labour Conference moves were made towards setting down norms for fixing Minimum Wage, a euphemism for a “living wage.’’ The 15th ILC recommended that in the first place the standard working class family should be taken to mean husband, wife and two children below the age of 14 yrs. Second, minimum food requirement should be calculated on the basis of 2700 calories daily per adult man, 2160 for woman and 1620 for the child. Further clothing requirement of 72 yards for a family per annum would be added while housing allowance corresponding to the minimum area provided for under the governments industrial housing schemes. Lastly fuel, lighting and other items of expenditure should constitute 20 percent of the total Minimum Wage.
While the Government did not accept these recommendations, Supreme Court approved these norms through its judgement in the case of U.Unichoyi v. State of Kerala (AIR 1962 SC 12) and thereby acquiring the force of law behind it. The apex court through its judgement in Workmen v. Reptakos Brett & Co Ltd (AIR 1992 SC 504) added a sixth norm – 25 percent of the total Minimum Wage was supposed to cover children’s education, medical treatment, recreation etc. The Court observed that these six norms would be nothing more than Minimum Wage at “subsistence level” which the workers must get “at all times and under all circumstances”.
Adherence to the six norms, let alone the five norms laid down by the 15th ILC, has been followed in breach. As a “living wage”, at current wage rates declared under MWA, comes to Rs 247 per day for unskilled. Rs 32 touted by the Planning Commission as “below poverty line” is less than seven times the MW which itself is a “subsistence wage”. Thus MW is seven times that of BPL rate. What this implies is that mass of our people are being robbed of their right to life by artificial constructions of poverty line. PUDR reiterates that the letter and spirit of Article 43 which forms part of the Directive Principles of State Policy be the basis for providing basic requirement to all citizens of India so that their right to a life of dignity and liberty can be ensured.
Harish Dhawan and Paramjeet Singh
Secretaries PUDR
Posted by Radical Notes September 22, 2011 at 9:15 am in Haryana, India, Labour, Press Release, Working Class
CPIML Liberation
The workers’ struggle at the Maruti Suzuki’s Manesar plant has, once again, exposed the ugly and exploitative underbelly of liberalised ‘growth’. The intrepid struggle of young workers there is a glaring reminder that in the celebrated industrial enclaves of the national capital region, profit margins are extracted by abuse of contract labour laws, relentlessly exploitative work conditions – and above all by the brute suppression of the basic democratic right to organise and unionise. It is bringing home the fact that the Government of Haryana is treating the workers’ legally mandated right to unionise as disruptive; while it is condoning and even defending the flagrantly illegal lockout by the management!
Since the Maruti workers’ strike was defeated in 2000, the management had allowed only a pocket union to function. In the past few years, the automobile industry has chosen to cope with recession by imposing even more exploitative work conditions and even more restricted democracy. This may be the reason why many recent instances of workers’ resistance and severe repression have been witnessed in the automobile sector – at Honda in 2005, at Pricol in 2009, at Rico in 2009 followed by the workers’ strike in Gurgaon, and at Maruti in 2011.
A majority of the Maruti workers are contract workers, most of them skilled – who are paid less than half the salary for the same work, and denied various benefits. This pattern of cutting costs by employing contract labour (in violation of the labour laws) has increasingly become the norm, not only in the private sector but even in the public sector. At the Maruti Manesar struggle, a remarkable feature is the unity between the permanent and contract workers.
Some months back, the workers at Maruti’s Manesar plant had formed an independent union of their own – the MSEU (Maruti Suzuki Employees Union) – to voice their grievances over the severely exploitative work conditions. When the management dismissed and suspended the MSEU leaders in June 2011, the workers went on a strike that lasted 13 days. The strike ended with an understanding that the Haryana Government and Maruti management would recognise the MSEU, take back the dismissed workers, and refrain from further victimisation. Instead, in late August, the MSEU’s application for registration was turned down on technical grounds. On the heels of this rejection, the management swung into action. Workers were told that they could enter the factory premises only if they signed a ‘good conduct bond’ – thereby signing away their right to protest in any form. Scores of workers – all active in the formation of the union – were suspended and dismissed.
Workers refused to sign the ‘good conduct bond’ and began a dharna. Ever since, the gates of the factory have been encircled by hundreds of policemen behind a barricade. The bond itself is absolutely illegal, and the management’s action amounts to an illegal lockout. Yet, the Haryana Government has, throughout, sided with the management against the workers. During negotiations, three top MSEU office bearers were arrested after they refused to relent till all dismissed/suspended workers were taken back. Haryana Labour Minister Shiv Charan Lal Sharma defended the arrest, accusing workers of being ‘adamant’ in their demand that all dismissed and suspended workers be reinstated. The Haryana Labour Commissioner has actually made the indefensible claim that the ‘Good Conduct Bond’ is legal, while echoing the MSI management’s allegation that the MSEU and the workers’ struggle is the handiwork of ‘outside’ elements. Meanwhile, workers in other Maruti factories in the region, as well as workers in the entire Gurgaon-Manesar industrial belt have shown great solidarity with the Maruti workers’ struggle.
The young, skilled workers who are at the frontline of the sustained agitation at the Maruti plant are the emerging face of a new chapter of the working class movement in India. Many of them have strong roots in rural Haryana and western UP. Their struggle is a challenge to the two foremost (and illegal) offensives on workers’ rights by liberalisation and corporate capital – contractualisation of labour and denial of the right to unionise.
The Maruti workers’ movement is not just a trade union struggle. Their struggle for the right to organise, unionise and protest against exploitative conditions is a crucial, and welcome, aspect of the struggle to defend democracy in India today.
Posted by Radical Notes September 19, 2011 at 10:29 pm in India, Politics, Press Release
THE COMMUNIST PARTY OF INDIA (MAOIST)
Bihar-Jharkhand-North Chhattisgarh-UP Territorial Regional Committee
1st September 2011
Red salute to all the members of PUCL, PUDR and all the justice loving intellectuals!
This is to inform you that on 2nd March, 2011, Niyamat Ansari of village Jerua, PO Manika, District Latehar (Jharkhand) was awarded the death penalty as per the regulations/procedure of our lower level committee. As Niyamat Ansari and Bhukhan Singh, were working in close association with Gram Swaraj Sanstha and Jean Dreze, member of the Central Vigilance Committee of NREGA, some intellectuals across the entire state and country have in one voice criticized the CPI (Maoist) party for this incident. Along with this a fact finding team was constituted under the leadership of Jean Dreze in which some of the intellectuals who support our movement were included. Nandlal Singh, Gokhul Basant, Aruna Roy were part of this team. Following this in reaction one of the members of our lower level committee without applying his mind put up posters asking for action against these intellectual friends in our people’s court. Also some words were used in a pamphlet, which were nowhere near correct, as citizens can express their reaction even on any right action of ours. It is their right to express their opposition in response. Even in such a situation our organisation does not believe in taking any such action. Therefore in this matter, with the most heart-felt self- criticism we take back the decree issued by our lower committee members and apologize to all the justice loving intellectuals for these mistakes. Also no action will be taken on Bhukhan Singh for the time being and the lower level committee too has been prohibited from taking any such action.
Now the question is why was Niyamat Ansari awarded the death penalty. On this matter too several facts have been provided by the lower level committee. But nevertheless we have not reached a conclusion, as a team has been constituted to do a fact finding on the above incident. We assure you people that we will do an in depth fact finding in this matter and will try to present the truth behind this incident at the earliest.
With revolutionary greetings.
Spokesperson.
Manas
Posted by Radical Notes September 19, 2011 at 12:33 am in Delhi, Economy, Haryana, India, Law, Politics, Press Release, State Repression, Working Class
Maruti Suzuki Employees Union
18th September
We write this at a time when our movement is under attack from all quarters, and three of our leaders, namely, Sonu Kumar (the President of MSEU), Shiv Kumar (the General Secretary of MSEU) and Ravinder, have been arrested by the police in a completely unjustified and unlawful manner.
All concerned probably know the way in which processes unfolded over the past few weeks. Our leaders went to the negotiation table with the management of Maruti Suzuki and the Labour Department on the 16th of September. Talks were still going on today, when they broke down because the management stubbornly refused to take back those workers that had been thrown out.
We believe that the management, prepared for this eventuality, had already made suitable arrangements with the police and the administration. That the government and its police have been bought over by the company management is absolutely clear. When talks broke down at about 10:15 pm today, the police spared no time in arresting our leaders. The attempt, clearly, is to cripple our movement when we have refused to back down in the face of all threats and enticements.
It is known to us that Ravinder already has an FIR filed against his name; but Sonu Kumar and Shiv Kumar have never been charged before. However, looking at the foul play that the police are already indulging in, we are sure that our leaders will be charged of crimes they never committed.
This way or that, we will continue our struggle. We appeal to all to condemn such acts by this unholy alliance of the police, the government and the company management. We ask you to stand in our support, in the support of our movement, of our arrested leaders and against injustice.
Rishipal
Executive Member
Maruti Suzuki Employees Union (MSEU)
Posted by Radical Notes May 21, 2011 at 12:37 pm in Press Release, Self-Determination, Sri Lanka, State Repression
Democratic Students Union (DSU)
Two years back, on 18 May 2009 the Sri Lankan army claimed to have killed Vellupillai Prabhakaran, the leader of LTTE, along with hundreds of his comrades. The next day in the Sri Lankan parliament a jubilant Rajapakse declared victory in the Eelam War IV. This was the day, two years back, when the Eelam Tamils lost their hard-fought freedom at the hands of the fascist and expansionist Sri Lanka. This week the Tamils in Eelam and outside remember the heroic sacrifice of the sons and daughters of Eelam who laid down their lives fighting the armed forces of the chauvinist Sri Lankan ruling classes. Braving threats, intimidation and harassment from the Sri Lankan armed forces and intelligence, the people of Eelam paid homage to those who have fallen in the decades-long struggle for national liberation. They reiterated that it is the people of Tamil Eelam alone who have the mandate to chose their destiny, denouncing and warning against any ‘negotiated settlement’ of the issue which compromises with the historical realities. The people have stated that any secret deal or confidential talk with the Sri Lankan state by those who claim to represent the Eelam Tamils will not be acceptable. The ‘solution’ only lies in the recognition of the historical reality of Tamil Eelam, i.e., its right to exist as a free and independent national state.
The injustice, oppression and discrimination of the Eelam Tamils by the Sinhala chauvinist ruling classes of Sri Lanka has a long history that goes back many centuries. The genocidal murder of Tamils in the first five months of 2009 in the last phase of the war was one of the most extensive and brutal phases of this national oppression. In the last days of the war alone, more than 40,000 Tamils – including combatants and non-combatants – were slaughtered by the marauding Sri Lankan army and air force. As the ‘international community’ watched in silence, cluster bombs and chemical weapons were unleashed on the entire population. Houses, schools, hospitals, ambulances, civilian shelters, and even No Fire Zones were bombed with impunity. By the time the war was declared over, almost the entire Tamil population of the north and east was uprooted, their lives and property was destroyed, and were forcefully confined in concentration camps which the Sri Lankan state calls ‘refugee camps’. Even conservative estimates put the number of displaced people to be above 3.5 lakhs. A large part of them are still not allowed to return to their villages, most of which have been ravaged and ruined beyond recognition. Eelam has been transformed into a mammoth prison-house by the occupation army of the Sri Lankan state. Here any form of dissent and articulation of political demand is strictly prohibited. The aim is to enslave the entire nation, and to kill the very hope of a free homeland. By forcing them into utter misery, the Sri Lankan state expects the Eelam Tamils to give up their aspiration for liberation, to abandon their dream of Eelam as a mere illusion, and to accept the present condition as their immutable fate.
Living under the shadow of fascist repression, experiencing the terror unleashed by the Sri Lankan state, and deeply aware of the historic oppression of their nation, it is the Eelam Tamils more than anyone else who seek the punishment of the perpetrators – the Sri Lankan ruling classes and its mercenary army. They deserve the severest of reprisal and punishment for their crimes. The question however is, what should they be punished for? For ‘crimes against humanity’, ‘war crimes’, ‘international crimes’, ‘violation of human rights’, flouting the rules of ‘Geneva Convention’, etc.? Or, for trying to wipe out a whole nation fighting for their inalienable right to self determination and national liberation? Here lies the difference between the perspective of the peoples’ movements and that of the International Human Rights industry/NGOs promoted by the imperialist camp. It is in the name of humanism, humanitarian intervention, and the so-called crimes against humanity that imperialism and its faithful lackeys such as the comprador ruling classes of Sri Lanka commit national oppression. Not for nothing that the Sri Lankan state called its war on Eelam a ‘humanitarian war to liberate the people of the Northern Province’. This is how the warmongers sell their wars, and the international weapons industry, its wares. This is the language in which the ‘internationally recognised bodies’ like the United Nations (UN), NATO and the European Union wages war on peoples’ movements and organisations. No wonder the imperialist countries and their ‘recognised legal bodies’ like UN spends millions of dollars every year to promote the discourse of ‘human rights’ or ‘crimes against humanity’ by funding thousands of human rights organisations and Non-Governmental Organisations. In the ‘conflict zones’ they protect the interest of the forces of oppression by accusing and persecuting the oppressed people, their leaders and their organisations, who dare to rise up against imperialism and its lackeys, while silently or vocally approving the acts of the oppressors. In the name of ‘conflict resolution’, they seek to take away the oppressed peoples’ right to fight back.
Any talk of ‘humanity’ and ‘humanism’ in a world divided into oppressor and oppressed classes, or oppressor and oppressed nations, is nothing but a sham. It is not in the name of ‘humanism’ that oppressed nations demand the right to self-determination. It is not in the name of ‘human rights’ that oppressed people seek liberation. The right of every oppressed nation to self determination including secession from the oppressor nation is a political right. It is a genuine collective right of a nation or a people, which even the UN was forced to recognise under pressure from the tidal wave of anti-colonial and anti-imperialist liberation struggles in the twentieth century. It is this inalienable political and collective right that the Eelam Tamils and their organisation Liberation Tigers of Tamil Eelam (LTTE) fought for almost four decades without compromise. In the path of liberation they unflinchingly suffered, but have not surrendered. Even today, after undergoing such extreme forms of repression and near extinction, they have not given up the aspiration for liberation. Therefore, when some sections who claim to represent the Eelam Tamils or to be in solidarity with them talk of ‘war crimes’, ‘crimes against humanity’ or ‘human rights violations’ in Sri Lanka without even acknowledging the right of a separate, sovereign and independent Tamil Eelam, stands accused of not only betraying this heroic struggle, but also of colluding with imperialism and its trusted executioners, the Sri Lankan and Indian ruling classes. They would do well to pay heed to the students of Jaffna University, who while remembering the martyrs of Eelam War this week, warned that it is the Eelam people alone that have the right to decide upon their destiny, and not those who compromise with the peoples’ aspirations in the name of tactics.
The Sri Lankan ruling classes responsible for centuries of oppression of the Tamil national minority must be punished so that the people of Eelam can win their freedom. But this punishment can only be in the form of overthrowing the repressive rule of the Sri Lankan state and through the liberation of Eelam, not by ‘demanding punishment’ for this or that member of the ruling classes. Let us not forget that the Rajapaksas –Mahinda, Basil, Gotabaya, or Sarath Fonseka etc. are mere instruments of class rule and national oppression – they are the puppets of imperialism. To howl for the punishment of such puppets without opposing Eelam’s continued occupation by the Sri Lankan state and its plunder by the imperialists is nothing but to legitimize this oppression and to backstab the Eelam liberation movement. Only the wolves in sheep’s skin are capable of such opportunism. The struggling people everywhere – including the Eelam Tamils – have seen too many of these chameleons to be fooled by their pretensions.
Who then will punish the ruling classes of Sri Lanka and bring them to justice, after all? Will it be United Nations, International Criminal Court, United States of America, India, the Sri Lankan state itself? Or the oppressed people of Tamil Eelam and Sri Lanka? Anyone who trusts the collective strength of oppressed people and believes in their unwavering determination to struggle against injustice knows the answer. However, those who are in the payroll of imperialism or benefits from oppression and status-quo, call upon the people to repose faith in their masters to ‘deliver justice’. This is the characteristic role of the imperialist-funded human rights industry and the NGO racket. What is the track record of imperialist agencies like the United Nations or the International Criminal Court (ICC) in ‘punishing’ despotic and authoritarian rulers complicit in mass murders? The worldwide operations of ICC, for example, are run by a consortium of international NGOs called ‘Coalition for the International Criminal Court’ which has over 2,500 NGO members in 150 different countries, most of which are directly funded by the imperialists. No surprise that ICC has prosecuted ruling-class members of six countries for ‘crimes against humanity’, all of which are from African countries. The latest target against whom ICC prosecution has begun is Muammar Gaddafi of Libya, his gravest crime being the opposition to imperialist intervention and the US-led war. As per the official rhetoric, however, he is to be tried for ‘war crimes’ and ‘crimes against humanity’! On the other hand, the biggest criminals in the world – George Bush Junior and Senior, Barack Obama, Tony Blair etc. are roaming free, some even managing to get Nobel ‘Peace Prizes’! Therefore, at a meeting of 30 African ICC member states in June 2009, several African countries called on African ICC members to withdraw from the Court in protest against the Court’s targeting of only Africa. The Commissioner of African Union, Ramtane Lamamra, said that the Prosecutor of the ICC was applying “a double standard in pursuing cases against some leaders while ignoring others”. Knowing all this, can anyone be so naïve to be ignorant of the politics of ‘war crimes’, ‘crimes against humanity’, and the ‘justice’ system of “internationally recognised legal bodies”?
Is the real character and purpose of the UN any different? History proves that this ‘recognised legal body’ too has been a ‘powerful tool’ and a ‘strategic weapon’ in the hands of the imperialist powers and their surrogate regimes the world over. Just five years after its establishment, the UN –brainchild of US president Roosevelt – fought in favour of South Korea against Peoples’ Republic of Korea and revolutionary China under Mao in the Korean War (1950-53). From its inception till now the UN and its legal wing, the so-called International Court of Justice, has worked untiringly for establishing the New World Order under US imperialism. Its role during the ‘Cold War’ and thereafter needs no elaboration. In light of this dark history, to welcome the UN to be the arbiter of ‘international crime’ and ‘world peace’ is to invite imperialist intervention, to strengthen the forces of oppression and to deny any possibility of justice. Has the Libyan ‘rebels’ who invited UN bombardment in the name of ‘ousting Gaddafi’ and ‘liberating’ Libya opened doors for peace, justice and democracy? The people of Libya know that they are the lackeys of imperialism, no matter how much they try to convince the world about the ‘strategic’ need of using the UN-led war in Libya. For the Libyan people, the so-called rebels are nothing but imperialist collaborators and traitors.
The recent UN Expert Panel’s report on Sri Lanka exposes its real character to those who care to see. The so-called ‘major limitations’ of the UN report are nothing but the very basis of the report. Like any other imperialist agent, it does not recognise the right of Eelam Tamils for a separate and free homeland, instead offering a humiliating ‘common homeland’. It falsely accuses LTTE and its leadership, the force spearheading the decades-old liberation struggle, of using Eelam Tamils as ‘human shields’ and of even ‘point blank shooting of civilians’! In fact, while the UN Expert Panel finds five allegations of ‘potential serious violations’ against the Sri Lankan state ‘credible’, it held the LTTE guilty of six such ‘potential serious violations’, including the killing of its own people for whose defense and liberation it heroically fought for three decades! By accepting, welcoming and propagating the UN and its report, one tacitly accepts that the leaders and cadres of LTTE were also criminals, an opinion which is alien to the people of Tamil Eelam. The oppressed people of Tamil Eelam will never accept such a conclusion against the very organisation which they built and sustained with their blood and sweat. Nor would the LTTE or its leadership would accept such a verdict, no matter how much the report is ‘critical’ of the Sri Lankan genocidal state.
Sri Lanka’s ruling classes too have rejected the report, but for entirely different reasons. They know very well that the report and the threat of ‘prosecution’ in international courts will be used as a tool by the Western imperialist countries to wrest economic benefits, and hence is this rejection. Apart from outright imperialists, only those turncoats who see opportunities in the decimation of LTTE and the plight of the Tamils in Eelam can talk of ‘using the report as a strategic weapon’ in favour of Eelam Tamil and their political aspiration, after slyly declaring that “considering that the Lankan government claims that all the leaders of the Eelam movement have been eliminated, it can be presumed that the report shall apply only to those in state machinery who were responsible for war crimes”! We must thank them for exonerating the martyred sons and daughters of Eelam from being prosecuted for ‘war crimes’! But we have no right to anticipate whether the oppressed people of Tamil Eelam will be so merciful and benevolent as to exonerate the renegades for their crime of betraying the ongoing Eelam liberation struggle at one of its most critical junctures. Long live the struggle for free and independent Tamil Eelam!
Posted by Radical Notes April 13, 2011 at 9:13 pm in Displacement, India, Orissa, Press Release
POSCO PRATIRODH SANGRAM SAMITI
Odisha Government Repeats the Same Old Lies in “Assurance” to Environment Ministry
Today the Odisha government sent a “categorical” assurance to the Ministry of Environment and Forests, claiming that no one in the proposed POSCO project area is eligible under the Forest Rights Act. The Ministry’s request for a “categorical assurance” came after two Committees had already exposed that the Odisha government had lied on this matter.
The latest “assurance” repeats exactly the same lies that were told and exposed before – as if there had never been any enquiry committees. The Odisha government has also challenged the Ministry’s interpretation of the law as well as the Ministry’s own orders.
For instance:
- The government continues to say that the area was “wasteland” and therefore the people are not forest dwellers. The Odisha government’s own revenue maps of 1928-1929 and the Survey of India in 1929 all clearly show the area marked as “dense jungle” and “miscellaneous jungle.” These were brought out by the POSCO Enquiry Committee. Does the Odisha government believe that its own maps are forgeries?
- The government claims that it “implemented” the Forest Rights Act by calling palli sabha meetings in March 2008; and, in just one meeting in each village, apparently the Act was explained, the forms and records supplied and the people trained. But, as per their own records, the required legal quorum was not met in a single one of those villages, again as exposed by the Enquiry Committee. One of the meeting “records” attached to the assurance – that concerning the village of Govindpur, where a large part of the forest land lies – shows a total of 34 people attending this meeting. Is this what the Odisha government has to show for implementation? A single meeting of 34 people, which is not a valid meeting under any law and certainly not under the Forest Rights Rules?
- Moreover, what has happened to the claims filed since by the people of the area? Who gave the Collector the unilateral power to decide who is eligible in this area? In what sense is this within the law?
- The Odisha government not only has contempt for the law – it also has contempt for the Environment Ministry. Despite being explicitly instructed in the January 31st order that people are not required to be cultivating for 75 years to be eligible, it says they do. It has tried to act as if the Ministry’s own orders and conditions do not exist, saying that FRA implementation and consent of the gram sabhas are not required – when, in addition to being required by law, the Ministry itself made these an explicit condition for this project. Finally, the government has not bothered to reply to a single one of the legal points made in any of the representations forwarded by the Ministry to it, except for disputing the validity of some resolutions.
Every single claim that the Odisha government makes in this assurance has been proven false by us, by political leaders, and by two official Enquiry Committees. There is not a single shred of new evidence in this “assurance”. Moreover, the proof that it is a bunch of lies is already with the Ministry.
The question now before the Environment Ministry is simple. Is it going to continue colluding with a State government that has demonstrated its utter contempt for law, truth and people’s rights? Is it going to grovel before a State government that challenges its interpretation of law and ignores its orders? Is it going to tell the nation that it will ignore lies when they stare it in the face?
Less than a week after claiming that it is going to battle corruption and remove scams, is the UPA government now going to yet again throw the law to the winds for the sake of vested interests and a private company? Is it going to show again that it is just a front for money and muscle power? Whatever the answer may be, the struggle of the people will go on.
Prashant Paikray
Spokesperson, POSCO Pratirodh Sangram Samiti
Posted by Radical Notes March 24, 2011 at 11:40 am in Environment, India, Labour, Press Release
Campaign for Survival and Dignity
On March 22nd, the Environment Ministry announced two significant decisions: a letter to State governments on bamboo and Cabinet approval for an amendment to the Indian Forest Act. In both cases, the stated intent does not match what has actually been done; and while the claim is being made that these will protect people’s rights and reduce harassment, the former will have no effect at present and the latter will make the situation worse.
In the case of bamboo, consider the following:
As has recently become characteristic of the Environment Ministry, the letter has several welcome statements of principle – which are then essentially nullified by the operational provisions. Thus, for the first time, the letter recognises that the Ministry and the State Forest Departments have been breaking the law by not treating bamboo as a minor forest produce; it talks of democratic management, community planning and gram sabha transit permits; etc. But what it promises is not matched by what it actually provides for.
Thus, first, the letter actually does not suggest any change in the status quo in forest lands except in areas where community forest resource rights are recognised. That change is at least mandated in such areas is welcome in principle; but in practice there are hardly any villages in the entire country where such rights have been genuinely recognised. In fact this right is precisely what the governments at both Central and State levels, and particularly the Forest Department, have been ignoring and opposing.
In the meantime the letter goes on to reiterate the demand that Joint Forest Management committees be made into standing committees of panchayats, without allowing the panchayats themselves any say, and without addressing the real reason that such committees are anti-democratic – the fact that forest guards are their secretaries and joint account holders, that all the committees’ work is subject to Department working plans, and that their funds are controlled through the Department-controlled Forest Development Agencies. Now that communities have a legal right and power to protect and manage forests, these bodies are both unnecessary and of questionable legality. As we said in an earlier statement, keeping the forest bureaucracy in control, but making JFM committees into panchayat bodies, will not make them democratic – it will subvert actual community forest management and therefore block recognition of community forest resource rights. By advocating JFM and community forest resource rights at the same time, the letter is contradicting itself – and will nullify whatever benefits it is supposed to give while increasing conflict.
After acknowledging that bamboo must be treated as an MFP, the letter goes on to ignore what this actually means – namely that under the FRA, in all forest areas (not just community forests), forest dwellers are the owners of bamboo and have the right to use, collect and dispose of it. This right is being violated by all State governments with impunity. By saying that the existing arrangement will continue except in community forest resource areas, the letter is upholding an illegal system. Moreover, it goes on to talk of revenue sharing, when there can be no question of revenue sharing between the owners (the community) and a state regulatory agency (the Forest Department).
The sleight of hand is far more blatant in the case of the Indian Forest Act amendments that have now been approved by Cabinet. Consider the following:
The Ministry’s press note claims that increasing the amount of money that can be levied as a fine (and hence allowing compounding of more high value offences) will reduce harassment of forest dwellers. What we need is not easier compounding of offences but an overhaul of the offences themselves. The IFA provides penalties for all kinds of things – such as collection of MFP in reserved forests, cutting grass,transporting without a permit, etc. – that are now rights under the Forest Rights Act. It also contains draconian provisions (e.g. arrest without warrant in most cases; presumption that any forest produce found on anyone is actually govt property, meaning the person is guilty until proven innocent, etc). This combination is what makes the law an instrument of harassment. Merely revising the monetary limit on compounding will only increase the power to extract bribes – indeed one might even expect an increase in booking of cases, since now the forest officers also know that they need not go through the rigmarole of courts etc. and can simply extract payment of large sums of money on the spot. As long as the Indian Forest Act continues to be a colonial and autocratic law, this decision will in fact increase harassment.
The most egregious perversion of law occurs in the second proposed amendment – for compounding of offences in the Fifth Schedule areas. Both PESA and the FRA empower the gram sabha to manage their forests and community resources in these areas. Now, under this proposed amendment, it will be given the farcical job of “giving views” on how the Department should punish people, i.e. on whether they should be fined or jailed. One should remember that this proposed amendment comes in a context where the gram sabha’s actual legal powers are being ignored when forests are being diverted and destroyed; but now it is to become an an aide for legitimising the Forest Department’s actions. This is an absurdity. The gram sabha is a statutory management authority to which the Department itself is subject, or ought to be subject if the law were being followed, not a sidekick of a colonial institution.
Posted by Radical Notes February 11, 2011 at 7:07 pm in Displacement, Economy, Environment, India, Press Release
Campaign for Survival and Dignity
Having cleared the destructive Chiria mines and the POSCO project in violation of the law, the Environment Ministry has proceeded to grossly violate people’s rights in protected areas – to the detriment of both people and wildlife. On February 8th, it issued new guidelines for the declaration of “critical wildlife habitats” under the Forest Rights Act. These guidelines are in direct violation of the Forest Rights Act and will encourage the kind of brutal forced relocation that harms people, increases conflict with wildlife and leads to more destruction in protected areas. Everyone from the Tiger Task Force through numerous conservationists themselves have pointed out the dangers in the current relocation process.
Once again, we see that the primary interest of this system is not in wildlife, forests, people or even “development”: it is retaining its own power.
The guidelines are in violation of law on the following counts (for a quick summary see table below):
- Identification of CWHs: As is admitted by most wildlife organisations and by the government itself, existing national parks and sanctuaries have often been demarcated arbitrarily without consulting either the people of the area or scientists; as a result many are of limited wildlife significance. Therefore the FRA requires that a consultative and scientific process, “case by case, on the basis of scientific and objective criteria” (s. 2(b)) for identification of critical wildlife habitats should be undertaken in all existing protected areas. In order to ensure that this process is actually sound (and not arbitrary again), it should be done by an Expert Committee including experts from the locality and a Tribal Ministry representative. The new guidelines do not satisfy any of these requirements.
- Scientific basis:The new guidelines say nothing about which “scientific and objective criteria” are to be used. They also ignore the requirement that critical wildlife habitats should only be established where it can be scientifically proven that the presence of forest dwellers is causing irreversible damage to wildlife and that co-existence is not possible. The only reference to any of this is a vague statement that studies on human impact should be carried out – but this is in Annexure 2, a list of points to be taken into account for financial planning, long after identification is over. Finally, the process of identification is to be carried out by the DFO and a “local scientific institution” in the space of a mere 60 days. The result can only be imagined – exactly as occurred in the case of critical tiger habitats, all existing protected areas will simply be sought to be converted into critical wildlife habitats, followed by pressurising people living inside them to relocate. The guidelines also sneak in the intent of extending CWHs to areas “in and around” protected areas (point 5.6.2) thereby leaving room to extend PA boundaries to larger areas. This is a total perversion of the intent of the law.
- Consultation: On consultation, the guidelines are a farce. The identification of the habitat, as said above, will first be carried out by the DFO; whereupon the guidelines say there should be “extensive consultation” with forest dwellers by an Expert Committee. What will happen to the results of this “extensive consultation” and the comments of the people? Nothing. They are never referred to in the guidelines again. Thus this consultation process is actually non-existent.
- No Expert Committee:Indeed, the role of the Expert Committee – which is to identify the critical wildlife habitat – has been reduced to “motivating” villagers for relocation, after the two technical members have on their own decided the area to be demarcated as a CWH. In sum, the guidelines reduce the process of identification to an administrative exercise controlled by the Forest Department.
- Relocation: In addition to the scientific evidence of irreversible damage from people, the law requires that relocation from a critical wildlife habitat requires the free informed consent of the gram sabha (s. 4(2)(e)), must provide a secure livelihood (s. 4(2)(d)), and can only take place after rights are recognised (s.4(2)(a)), and facilities are complete (s. 4(2)(f)). Every one of these conditions is violated:
- Consent of gram sabha: There is no reference in the guidelines to taking the consent of the gram sabha for relocation at any point, except when the section itself is quoted. Instead there is talk of relocating even if “a small number of families agree”, which by implication means that the majority do not do so – and hence the gram sabha could not have consented. This will open the way for individually pressurising families and pushing relocation step by step, once again in violation of the law.
- Secure livelihood: The guidelines again say nothing about providing any livelihood at all, leave alone a secure one acceptable to the people. Instead, they say that two “options” will be offered (based on the Project Tiger package) – Rs. 10 lakhs per family or a vague reference to “rehabilitation by the Forest Department.” In fact, the law does nota allow such provision of mere cash compensation, as this is at the root of all the rehabilitation failures of the past. It is also a total violation of people’s rights, since they lose their livelihoods and access to the forest and only get a sum of cash – which itself often doesn’t reach them.
- Completion of recognition of rights: Once again there is no reference to this except in Annexure 2, where it is irrelevant. Since rights are hardly being recognised in protected areas and the guideline imposes an absurd 60 day time limit, relocation will now proceed without bothering with people’s rights – making harassment and pressure on forest dwellers more likely.
- Completion of facilities: This was intended to protect against hasty relocation without any facilities being provided. In the last year alone, two people have died (in Similipal in Orissa and Achanakmar in Chhattisgarh) after being forcibly relocated from tiger reserves and not provided any proper shelter.There is not a word about this requirement anywhere in the guideline.
Despite some weaknesses and internal inconsistencies, the October 2007 guidelines that this order replaces had covered all these issues. This new set of guidelines completely throws to wind the law and violates all the Act’s provisions on procedures of determining and notification of critical wildlife habitats. Indeed, relocating anyone on the basis of these guidelines would be in direct violation of the law; and hence a criminal offence under section 7 of the Act. Following this policy will only ensure the continuance of the earlier form of forced arbitrary relocation, harming both people and wildlife.
Summary of Violations of Law
| Provision |
Requirement of Law |
What Guidelines Actually Do |
| s. 2(b) |
Decide wildlife habitats on basis of scientific and objective criteria |
No criteria specified; left to administrative fiat |
| s. 2(b) |
On a case by case basis |
Left to concerned DFO “in consultation” with “local scientific institution” |
| s. 2(b) |
Decide through a process of consultation by an Expert Committee |
Identification entirely by DFO and “local scientific institution”, without any consultation; role of Expert Committee is restricted to “sensitising” people to the relocation package after the proposal is sent to MoEF |
| s. 2(b) |
Recognition of rights and other pre-conditions to be met prior to any relocation (s.4(1) and 4(2)) |
Ignores and therefore violates both |
| s. 4(2)(a) |
Rights have to be recognised first |
Completely ignored except irrelevant reference in Annexure 2 |
| s. 4(2)(b),(c) |
No relocation unless can be shown that human presence causing irreversible damage and co-existence not possible |
Completely ignored |
| s. 4(2)(d) |
Relocation must provide a secure livelihood |
Rs. 10 lakh compensation or vague “rehabilitation” mentioned; no reference to providing a livelihood |
| s. 4(2)(e) |
Free informed consent of the gram sabha to be taken in writing |
Ignored; no procedure stated, implicitly refers to consent of individual families |
| s. 4(2)(f) |
No relocation until facilities at new site (by implication including livelihood) are complete |
Completely ignored |
In sum, every provision of the law has been violated.
Posted by Radical Notes February 2, 2011 at 10:50 pm in Displacement, Environment, India, Orissa, Press Release, Self-Determination
Campaign for Survival and Dignity
On January 31st the Environment Ministry finally gave its long delayed decision on the POSCO project. The brazen chicanery of this decision is already well known. It asks the Orissa governmen,t already caught lying, to lie again, and promises a forest clearance in exchange; it imposes wonderfully meaningless conditions, such as the craven request that the company “voluntarily sacrifice” water which does not belong to it; and it violates the Forest Rights Act, the Forest Conservation Act and the Environment Protection Act. All this is hardly surprising from a government that has shown time and again that it cares a fig for the rights of people.
But the true message of this decision has nothing to do with the “environment” alone. It is quite simple: when a government is faced with real democracy, when it confronts organised people’s power, it will brush aside law, constitution and environment to destroy it. POSCO, the government and the business media all agreed on one point – how could they possibly accept that people themselves could decide on the fate of a project? How could they tolerate the idea – now required by law – that the project could not take forests and forest lands without the consent of the local community? Bring on the guns and the numbers – 51,000 crores, etc. etc. – to justify brazen illegality. Never mind that an international study exposed that this project will destroy far more livelihoods than it creates. Never mind that an official enquiry committee said “such attempts, if allowed to succeed, will result in neither development nor environmental protection, but merely in profiteering.” Who needs to know the facts when bigger issues are at stake. The key question that jarred our nation’s “best minds” was – who are these people to say we cannot take their resources? So what if the law is on their side?
Today land and forests are too important to be left to democracy and the rule of law. Even as the resource grabbing proceeds apace, a great charade has been played out in the media between our supposedly “green” Environment Minister and our supposedly “anti-green” industrialists, all of whom, however, agree at the end: they must control the decisions, not the people. Even when they don’t, they will act like they do; thus, after six years of determined people’s resistance to POSCO, the entire media today talks as if the only opponent of POSCO in India was the Minister. January 31st exposed this “debate” for what it always was: a farcical dance between Tweedledum and Tweedledee. On the one side, a Ministry whose only consistent act has been to deny people’s rights; on the other, a big business class that knows only too well that the state is on its side (as a CII representative said, “We know most clearances get through”) but likes to deflect the debate away from the issues and on to personalities.
After the Vedanta mining decision, we called it “a victory for the heroic struggle of the Dongaria Kondhs and for the spirit of democracy; and a betrayal, because the government will not comply with its own words.” That betrayal has come true today. Whatever law, democracy and human rights exist in this country are a reflection of the struggles of people. The “rule of law” is upheld by resistance, not by the state. The same is true of environmental protection; it was people’s resistance that stopped Vedanta and it is people’s resistance that will stop POSCO. At least now let us not hear of “green” Ministries and caring policies; the mask has been torn off to show the face of pitiless greed underneath.
Posted by Radical Notes January 9, 2011 at 2:53 pm in Displacement, Economy, Environment, India, Law, Press Release, Self-Determination
Campaign for Survival and Dignity
Much press attention in the last week has been devoted to the Environment Minister’s statements on “democratic forest management” and how the existing forest management system needs to change. Such statements are welcome, for they mark an official admission that India’s forest bureaucracy has impoverished millions and increasingly been an opponent of both forest conservation and forest dwellers.
But what the Ministry says does not at all match what the Ministry does. Not only is the Ministry not moving in the direction of democratic management; it is moving against democratic management, while using the rhetoric of “community control” to hide the actuality of intensified state control.
At a time when state control over forests and forest lands is a major weapon in the assault on people’s resources and livelihoods, this is not an arcane policy issue alone; it is one component in the ongoing intense struggle over deciding how we will use our natural resources and how we will define our society.
A simple comparison throws up what is actually going on (click on links to know more about each issue):
| Issue |
What the Ministry Said |
What the Ministry is Doing |
| Diversion of forest land for corporate projects |
One and a half years after passage of FRA, Ministry finally issues Aug 2009 order that requires FRA compliance i.e. recognition of rights and consent of gram sabha before land can be handed over |
* As per public minutes of Forest Advisory Committee, there is not a single project in which the Ministry has complied with FRA or its own order. In Polavaram, the FRA has been brazenly and publicly violated. In only one project has compliance even been considered – POSCO – but even after non-compliance has been exposed by three different committees, and five years of protest by the people, the forest clearance is still standing. * Meanwhile, there are ongoing attempts to get the order withdrawn. |
| Joint Forest Management |
Throughout this year, including this week, statements by Minister that Joint Forest Management has become a Forest Department proxy and needs “reform.” |
* The reality is that there is only one nation-wide law that provides for democratic community control over forests – the Forest Rights Act(PESA provides even more extensive powers in Scheduled Areas). This supersedes all existing schemes. Therefore, if the Ministry is genuinely interested, the first steps for democratic control would be to shut down JFM, put the funds into the NREGA or other systems which permit local institutions to decide their priorities, and direct forest authorities to comply with local powers as provided in the FRA. MoEF would then have to join other Ministries in a coordinated effort towards democratic resource management, which is not MoEF’s domain alone. * What is happening is exactly the opposite. There is repeated talk of “revamping” Joint Forest Management (which has no legal validity), and this translates into giving JFM committees powers that actually belong to democratic institutions. * Even the basic fact that forest guards sit as the secretaries of JFM Committees, and their funds are controlled through the Forest Department, is completely ignored. In short, the Ministry is strengthening its proxies, not democratising them. |
| Forestry Projects |
The Ministry repeatedly claims that the huge amount of money being poured into forestry projects will benefit forest dwellers and be spent in a “decentralised” fashion under “people’s control.” |
The money put into forestry includes money from the Compensatory Afforestation Management and Planning Authority (CAMPA) (1,000 crores per year), the proposed Green India Mission (46,000 crores in total), Japanese-funded “external” forestry projects, the National Afforestation Programme and the developing international REDD agreement. In every single one of these programs, funds are being channeled or are proposed to be channeled through JFM and the Forest Department, directly undermining democratic control and driving land grabbing. This is true in the case of CAMPA – despite a direct indictment by a Parliamentary Standing Committee. For details of other programmes see our statements on the proposed Green India Mission and the MoEF approach to REDD. If the Ministry is interested in democracy, why is it channeling funds to the very institutions that undercut democratic control – and this after it has itself said that they do so? |
The “forked tongue” approach that has come to characterise the forest bureaucracy and this Ministry is extremely dangerous. It blocks actual change by claiming to be engaging in it; and then it does precisely the opposite, cleverly garbed in the right terms and the right language. In the process, “participation” becomes a code word for devolving huge amounts of money to select individuals and sections of villages in order to create what are essentially state proxies and vested interests. Nor is this confined to the Environment Ministry; we now have a “Integrated Action Plan” for “developing” Maoist areas by putting thousands of crores into the hands of the very officials who have destroyed people’s lives and livelihoods, organised inhuman repression and violated all norms of democracy. In the long run, this approach is a formula for dividing communities, breaking resistance, undermining democracy and destroying resources. It may make sense for the interests of corporations and state machinery; but to the rest of us it is a formula for resource grabbing and destruction.
Posted by Radical Notes December 31, 2010 at 8:44 am in India, Press Release, State Repression
Sanhati
We are deeply anguished by the convictions and sentences of Dr. Binayak Sen, Piyush Guha, and Narayan Sanyal by the additional district and sessions judge of Raipur for sedition. We also note that in a separate case, Asit Sengupta was convicted and sentenced to eight years imprisonment for his work as magazine editor and publisher. Sanhati strongly condemns their convictions and sentences.
Convicting Dr. Sen of sedition and treason against the country, when he has devoted his life to service for the poorest citizens of India, yet again illustrates the disdain of the state towards its citizens and democracy. The real crime of Dr. Sen in the eyes of the government has been his protest against the state-sponsored vigilante force of Salwa Judum, and his efforts to bring to light the atrocities committed by this vigilante army on the indigeneous population of Chattisgarh. The state has attempted to make an example of Dr. Sen to all dissenting against its policies or protesting repression. Nevertheless, the state will fail in its attempt to create a fear psychosis among political and social activists; its efforts will only lead to the strengthening of resistance against state repression.
The charge made out by the prosecution against Dr. Sen was that he was responsible for passing letters from Narayan Sanyal lodged to Piyush Guha. Examination of witnesses and evidence presented by the defence demonstrated that the meetings in prison between Dr. Sen and Narayan Sanyal, the jailed Maoist leader, followed all legal norms and were based on the capacity of Dr. Sen as a physician and a human rights activist. When the accusations against Dr. Sen could not be supported by evidence in court, the government brought up other trumped-up charges and falsified evidence, much of which was glaring in its absurdity. That the court chose to overlook all this, has exposed the nature of our judicial system to the entire world.
It is necessary at this juncture to also mention that numerous undertrial political and social activists are today incarcerated in various prisons in India or languishing in jail for prolonged periods without trial, charged under various draconian state or central laws. These laws, and various draconian provisions of the criminal penal code, are being used to clamp down upon resistance movements against various anti-people policies pursued by the Indian state. The charges against Dr. Binayak Sen, and the travesty of justice in the name of his trial, have brought this hard truth to the fore.
We strongly condemn the convictions and sentences against Binayak Sen, Piyush Guha, Narayan Sanyal, and Asit Sengupta. We demand that the injustice meted out to them in the name of dispensing justice be rectified immediately. We also demand that the state immediately stops the systematic usage of various draconian laws and charges of sedition against activists to silence all voices of dissent.
Posted by Radical Notes December 30, 2010 at 8:09 pm in Environment, India, Press Release
Campaign for Survival and Dignity
The controversial Saxena Committee on the Forest Rights Act has submitted its report, which has finally been made public. We know that this report will be projected as pro-people and pro-rights. But this report will be most useful to those who set it up – a Ministry and a forest bureaucracy (see the note below) that wants more power, while presenting a facade of being sensitive and pro-people. Here are some reasons why.
Regarding the implementation of the Act, the Committee has endorsed what we and others have been pointing out for a long time. It points out the problems in rights recognition, recommends action against illegal evictions, and calls for recognition of community rights, coming to the same conclusions as the Council for Social Development report and what the movements have been saying. It identifies the forest bureaucracy as a major problem. In itself, this is welcome. But when it comes to what should be done about these problems, and especially about MoEF and the forest bureaucracy, the report falls apart.
On the Environment Ministry: The Committee’s recommendations target everyone except the Environment Ministry, the Central agency most responsible for policies in violation of the Act. Out of eleven pages of findings in chapter 11, MoEF’s actions are covered in half a page. The most dangerous of these actions (click here to know more) – illegal forest diversion for corporate projects; rapidly expanding afforestation and “conservation” programs with enormous potential for land grabbing and conflict; and the huge sums of money being deployed for this – are barely touched in the recommendations. The chapter on development projects admits “some clearances” were illegal. But there has not been a single case where the Ministry has complied with the law on diversion, and the Committee neither recommends cancellation of illegal clearances nor justice for those whose rights have been illegally violated. There are no recommendations on afforestation, except for vague statements that policies should be “reviewed” and should “respect the FRA.” Whose job is it to review these illegal actions, if not this Committee?
On Joint Forest Management: The Ministry’s current favorite program – Joint Forest Management (click here to know more) – is being expanded across the country and is a major tool in the Forest Department’s efforts to block communities from managing forests or exercising rights. It is condemned in the first half of chapter 8 of the report and in one part of the recommendations; but other parts say it should continue in most areas and even that it has “advantages.” Then, the “alternative recommendations” (signed by half the members of the Committee) condemn it again. Thus the Ministry can do pretty much anything on JFM and still claim the Committee’s endorsement.
On “redefining forest governance”: On this issue – which was said to be the Committee’s raison d’etre – the report says that the status quo of Joint Forest Management and Forest Department supervision should continue in the vast majority of forest areas (those where communities do not file formal claims for community forest resource rights). The “alternative recommendations” say there should be changes, but agree that there is no legal requirement for them (they would need “a new statute or amendment of existing statutes”). This is the escape clause the forest authorities have been looking for. After the structure of the Forest Department has been identified as being the single biggest reason for the failure to respect the law, when even the Home Secretary has attacked their zamindari attitude and abuse of power, the committee legitimises the status quo until there is a “new statute or amendment of existing statutes”. This is a total misreading of the law and a backpedaling on the most crucial issue in forest areas today.
Riddled with other contradictions: On non-timber forest produce, crucial to people’s livelihoods, the report identifies many problems, but then only says free sale should be permitted – while advocating continuation of other existing structures, which numerous government reports have condemned (the “alternative recommendations” disagree). Satellite imagery (currently a major tool for rejections) is endorsed and celebrated as a mode for verifying rights in one section, which however also contains one sentence admitting it “cannot verify the existence of any right under the Act” (p. 66). On whether or not people should be removed from wildlife habitats, the report advocates two diametrically opposed views in the same paragraph (p. 131), one of which is called “dissenting” – but is in the main text. After describing critical tiger habitat notifications as “in violation of the Act”, once again it only recommends a “review” (p. 217).
In sum, the report is a mishmash that permits the Environment Ministry to do what it pleases, and still to claim the mantle of being pro-people. Indeed, almost any point raised in favour of people can be contradicted by citing some other part of the report.
When the Campaign was invited to join this Committee, we declined for precisely this reason. It is not the findings of government committees that matter, but whether and how they can be used by the powers that be. The nature and constitution of this committee, as reflected in its report, lent themselves to precisely such manipulation. We can be sure that all the ambiguities and contradictions in this report will be exploited to the fullest extent, even as the positive points it raises will be quietly discarded except where they serve the establishment’s interests.
The struggle in forest areas is today reaching a pitch where the Central government is on the back foot. Whether in Vedanta and POSCO, or in the hellholes of Operation Green Hunt, or in the anti-dam movements of the Northeast, we see people resisting a brutal machine that respects neither law nor life. The forest bureaucracy is one crucial cog in that machine. Let us not permit it to clothe itself in the language of rights and hide its true face.
Note: The fiction of a “joint committee” does not require much attention. This “joint committee” includes six forest officers, one of whom is co-chair, as against one Tribal Ministry representative. Meanwhile, as the report itself describes, this “joint committee” was first notified by the Environment Ministry alone, which then roped in the Tribal Ministry after criticism. In August, the Tribal Minister chose to write to the Environment Minister to complain about the Committee’s functioning, not to the chair, showing who actually controls the Committee. Finally, the report itself declares that the Tribal Ministry member “hardly attended the meetings of the Committee, nor sent his representative.” The “joint committee” fiction was just the result of pressure from the Environment Ministry on an apathetic and weak Tribal Ministry, in order to escape the charge of exceeding its mandate.
Posted by Radical Notes December 29, 2010 at 12:42 pm in India, Press Release, State Repression
Campaign for Survival and Dignity
The conviction of Dr. Binayak Sen and his co-accused, Narayan Sanyal and Piyush Guha, is yet another sign of how little democratic freedoms appear to matter to the government. On the basis of what appears to be non-existent evidence, a trial court has convicted all three of (among other charges) sedition, the “crime” that Gandhi once referred to as the “prince of all political sections designed to suppress the liberty of the citizen.”
Meanwhile, literally tens of thousands of other people languish in prison, and many tens of thousands more face ongoing criminal charges, for equally ridiculous and flimsy reasons. Hundreds of adivasis are in prison in Dantewada and other areas of Operation Green Hunt without even being charged. Protesters who do nothing but demand respect for the law find themselves in jail; at this moment, around 2,000 members of the Satyashodhak Grameen Kashtakari Sabha (a member organisation of the Jangal Adhikar Sangharsh Samiti, affiliated to the Campaign) are in jail in Nandurbar District, Maharashtra, for demanding basic amenities like ration cards and respect for forest rights. Avinash Kulkarni, Bharat Powar and a number of other forest movement activists spent almost six months in jail in Gujarat, and still face charges of, inevitably, sedition and waging war against the state (see earlier press statement).
Even as democratic rights are thrown to the winds, we find the laws being violated and land and resources being grabbed on a massive scale across the country. The state machinery has turned itself into a mercenary cabal, sold to the highest bidder; on POSCO, fully two and a half months after the Enquiry Committee found gross violations of law, nothing has been done. Huge sums of money are being funneled into land-grabbing schemes across the country.
It is not seditious, apparently, to have brazen contempt for justice and people, or to engage in daylight robbery of the country’s money; but it is seditious to talk of rights and law. This is the farce enacted by a government that never tires of talking of the “rule of law.”
Posted by Radical Notes November 30, 2010 at 8:50 am in India, Press Release, State Repression
Posted by Radical Notes November 14, 2010 at 1:32 pm in Delhi, Events, India, Press Release
Department of Political Science
University of Delhi
Invites you to
A Panel Discussion on Insurgent Metaphors: Essays in Culture and Class by Pothik Ghosh
Panelists:
1. Prashanta Chakravarty, Associate Professor, department of English literature, Delhi University
2. Saroj Giri, Assistant Professor, department of Political Science, Delhi University
3. Rajarshi Dasgupta, Assistant Professor, Centre for Political Studies, Jawahar Lal Nehru University
4. Alok Kumar, Krantikari Yuva Sangathan, Delhi
5. Paresh Chandra, Member of Correspondence editorial board, Delhi University
Date: Tuesday, 16th Nov 2010
Time: 2 pm
Venue: Lecture Hall,
2nd Floor, Faculty of Social Sciences Building ,
Delhi University (North Campus)
Opposite Daulat Ram College
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