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#8222 From: Feroze Mithiborwala <feroze.moses777@...>
Date: Thu Jul 1, 2010 4:28 am
Subject: Kashmir Killings & the lies of Chidambaram & Omar Abdullah: A Comprehensive Report on the current uprising In Kashmir
feroze.moses777@...
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Dear All, 

The current uprising in the Kashmir Valley is being portrayed as just another episode of a Lashkar-i-Taiyyaba inspired conspiracy by P. Chidambaram (Union Minister for Home Affairs) as well as by the CM Mr. Omar Abdullah (who I thought was a little more intelligent & honest that his father & still continue to hope so) - this is also the dominant line picked up by the Corporate Media.

On the other hand the Governments of India & Pakistan are proceeding within the framework of a comprehensive dialogue, finally going beyond the rhetoric of - "Terror & Kashmir First".

Undoubtedly the present uprising is a legitimate uprising of the Kashmiri masses against the killings & murders of innocent civilians by the Army.

The Report below as well as the writings of Dilnaz Boga (one of the most honest, courageous & committed journalist of the present generation), clearly prove that the killings by the Military have led to the escalation of the protests & not some LeT based conspiracy theories. The current phase of the Kashmiri struggle is a popular upsurge & is overwhelmingly non-violent.

There is clearly a section within our political leadership led by Chidambaram & ably supported by the Right, as well as within the Armed Forces that wish to keep the fires burning. The role of the Israeli lobby should also be analysed.

Of course Chidambaram continues to use his Headley-CIA-FBI-based insinuations to maintain a degree of tension with Pakistan over 26/11. A supposed intelligent Chidambaram treats Headley's statements as the 'final word' & sends dossier after dossier to his counterparts across. And an infantile & venile Media unquestioningly laps it all up.

The embers are being fanned & it could turn into an inferno that could destroy the increasing detente' between India & Pakistan. 

 Also do note that the coming months will witness increasing tensions between Israel-US-Nato & Iran - & especially on Palestine.

The next International Flotilla is set to sail to Gaza in September. It will comprise more than 60 ships & more than 500 trucks that will form the land based convoy to Palestine.

Israel is & will be in a more isolated & desperate situation & thus we need to fear about an Israeli plot against the Commonwealth Games scheduled to be held in Delhi, precisely during that very period.

The threat of a Mossad-CIA-Abhinav Bharat-Sanatan Sanstha terror attack on the Commonwealth Games is not beyond the realm of possibility & this has been alluded to by MK Narayanan (ex-NSA Chief) & Sheila Dixit (CM-Delhi). Of course MK Narayanan (a US-Israeli asset) spoke about the threat of an LeT attack, but then we now know the truth of the spate of urban terror bombings in India during the course of post-9/11 India . . . don't we??

The Peoples' Movement in the rest of the country, as well progressive Political Parties & Trade Unions need to intervene in the current crisis erupting in Kashmir. 

If not, it could turn into a Volcano, destroying the dream of a South Asian Union.

Regards

Feroze Mithiborwala


---------- Forwarded message ----------
From: Dilnaz <dilnazb@...>
Date: 30 June 2010 22:20
Subject: Fwd: A Report on the current uprising In Kashmir
To: Feroze Mithiborwala <feroze.moses777@...>, Kaniza <kanizagarari@...>, Sasha Bhat <sasha.bhat@...>




---------- Forwarded message ----------
From: Inshah Malik <inshahkashmiri@...>
Date: 30 June 2010 19:26
Subject: A Report on the current uprising In Kashmir
To: Dilnaz <dilnazb@...>






A Report on current uprising in Kashmir

30th June 2010

Inshah Malik

 

Compiled pictures of the innocent civilians and children killed so far by the troopers in Kashmir

From Left to Right: Firdous Ahmed, Shakeel Ahmed, Tajamul bashir, Taukeer Ahmed, Rafiq Bangroo, Sajad Malla, Zahid farooq, Inayat Khan, Zubair Ahmed, Wamiq farooq, Tufail Ahmed and Bilal Ahmed.

 

The current state politics is moving in a deadly direction where the State of Jammu and Kashmir headed by Chief Minister Omar Abdullah has almost declared a death sentence over the entire Kashmir valley.  While making statements about the current situation during a Press Conference held on 29th June 2010, Abdullah along with the central government authorities gave a clean chit to CRPF staged in Kashmir who have atrociously violated the Human Rights of people. The  State government asked people to desist from protesting against the death of the youth and imposed a stringent curfew all over the valley.

The national media portrayed the current people’s uprising as something instigated by the Pakistan based mentors completely sidelining the issues of their concern and coloured the whole situation in favour of the troopers.

The year 2010 has been marked as the ‘year of teenage killing’ in Kashmir for the reason that are obvious to people. Since January 2010, 16 children have been killed by the Indian troopers so far. It is this aggravated situation that has forced the people into a do or die situation once and for all. The people have become fearless and visualize the present politics as a genocide in clear sense.

 

 Inayath Khan killed by the troopers on Jan 8, 2010

 

On Jan 8 2010, Inayat Khan a 16 year old boy became the first victim of this military madness for the year. Inayat had just passed his SSC exams with excellent numbers. On this fateful day, while going for the tutions he was shot down by the troopers in budshah chowk Srinagar. Inayat lives close to another Inayat who was a musician and was killed by the troopers in 2006. Now both of them await justice in oblivion.

Wamiq Farooq was shot down by the troopers on Jan 13 2010

In the same month on Jan 31 2010, Wamiq farooq a 13 year old from Rainawari was playing in the Ghanni Memoria Stadium.  The troopers while chasing a group of protesters entered the stadium and fired a teargas shell from a close range leaving Wamiq a brilliant student and only hope of his parents dead.

 Zahid Farooq killed by the troopers on Feb 5, 2010

 

Five days later on Feb 5 2010, Zahid Farooq, a 16 year old boy, only son of his parents was shot dead by the troopers.

In another case on April 13 2010, Zubair Ahmed Bhat, a 17 year old boy was sitting on the banks of the river Jehlum with his friends when the troopers came and forced them to jump into the river. While most of them could cross the river, Zubair struggled the nearby boatmen attempted to rescue but the troopers fired teargas shells at them and Zubair drowned, he was a student from Sopore and used to work as a part time labourer in Srinagar. Police closed the file labelling it as an accident and ignoring this eyewitness account.

Just after a months gap ‘June’ has become the most dreaded month of the year 2010 for the most the people have lost hope and faith in the state run justice mechanisms.

Tufail Ahmed a 17 year old boy from Sadakadal Srinagar had just passed his SSC examinations with a distinction  and was killed by the troopers. On 5th June 2010, Tufail was playing in the Ghani Memorial stadium when he was shot dead. He received a firearm injury in his head leaving his brain into pieces on the grass.

Tufail Ahmed killed by the troopers on 5 June, 2010       

 

Mohd Rafiq Bangroo’ family had already lost seven family members already to the troopers and he was working as a shawl weaver. On 19 June he was caught by the army and beaten up, he had a battle for his life and finally he passed away. On 20th June 2010, During his funeral procession, the anti government slogans were raised to which the troopers retaliated with gunshots killing Rafiq’s another cousin named Javed Ahmed Malla. Javed was 17 and worked in a bag manufacturing company in Khonmoh and had discontinued studies due to family’s abject poverty.

Rafiq Ahmed Bangroo Succumbed to injuries after troopers mercilessly thrashed him on  18th June 2010.

 

People had not even grieved on this properly when the situation worsened on June 25th 2010 when the troopers conducted a fake encounter in North Kahmir’s Sopore area. The  people protested the killings in the fake encounter, troopers went berserk and entered a farm  and killed firdous Ahmed Kakroo a 17 year old boy who was doing his daily farming. On the same  day they also shot Shakeel Ahmed an 18 year old electrician who was on his way to market to buy some electrical stuff.

Shakeel Ahmed shot dead on 25th June 2010 by the troopers

On June 27 the local people in Sopore town plunged on the roads to show discontent against the state’s rampant killings. Bilal Ahmed a 22 years old boy was watching at a distance the procession moving on when the troopers attacked it and shot bilal in his throat and he died on spot.

Bilal Ahmed Shot dead on 27th June. 2010

On June 28th 2010, From North Kashmir the troopers killing spree started in the South kashmir’s Baramulla town.

Taukeer Ahmed  a 9  year old and Tajamul Bashir a 20 year old were both shot dead by the troopers

On June 29th 2010, Ishtiyaq Ahmad Khanday (15) son of Ghulam Mohammad Khanday, Imtiyaz Ahmad Itoo(18) son of Ghulam Mohammad Itoo from S K Colony Islamabad and Sajad Ashraf Baba (19) son of Late Mohd Ashraf Baba (19) were reportedly present in a lawn which belongs to one of the victim’s family. Chasing the protesters in Islamabad town, SHO Ayoub Rather (Islamabad) and SHO Rauf Ahmed (Mattan) along with two sub-inspectors namely Masarat alam and Parveiz Ahmed barged into the lawn and reportly fired at six youth after lining them up, out of which two Ishtiyaq Ahmed (15)  and Imtiyaz Ahmed (18) died on spot and Shujat ul Islam (19) along with three others was rushed to District hospital Anantnag.   From there, because of his critical condition Shujatul Islam was directed to SMHS hospital but on his way he passed away. Among three others hospitalised at the District hospital, one is reported to be fighting his death while two others are said to be safe and recovering.

Imtiyaz Ahmed shot dead by the troopers on June 29th, 2010

 

 

Ishtiyaq Ahmed shot dead by the troopers on June 29th, 2010

Living in Kashmir is an hour by hour experience, people are locked up under curfew and completely  and the state government has shunned its people. Now the question is the angry unarmed people will protest that’s what the mind set has become, so how many more will be killed is what the wait is for?






--
With Great Regard
Ms. Inshah Malik
Mphil Scholar
Tata Institute of Social Sciences, Mumbai

Official email: inshah.malik@...
Call: +919867927536





--
Feroze Mithiborwala

1 of 1 File(s)


#8223 From: Kamal Shah <kshah623@...>
Date: Thu Jul 1, 2010 5:53 am
Subject: Some useful Order for reference
kshah623@...
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#8224 From: "V.B.Chandrasekaran Balasubramaniam" <verivaan2049@...>
Date: Thu Jul 1, 2010 8:41 am
Subject: Re: [bharat-chintan] Seminar on Indo-Pak Relations & Way Forward
verivaan2049@...
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Dear Friends,                       1st July 2010.

Jai Insaan, Jai Bharath, Jai Pakistan and Jai Jagath.

After my Solo Antar Bharati Dandakaranya Yatra, I have a commitment to have one motor cycle Yatra from Hyderabad to Hyderabad (in my Pakistan) as early as possible. For me this is second priority after Dandakaranya and I cannot join 3rd meet. But, let this be placed before the workshop and I would like to know how many but not more than five to join us.

We will be gusts of our People in Pakistan. It nis shameful, we have not learnt from Robert clive, the battle of Plassey and Buzar. Why do we need America to resolve our brothely dispute. Let us find wayus. My best wishes.

With High Regards,

V.B.Chandrasekaran,

People’s Peace and Prosperity Mission,

Chatti Post, Chinthur Mandalam, Khammam District, A. P. Pin: 507 129.

OR

Gudem Post, G.K.Veedhi Mandal, Visakha District, A.P. Pin Code: 531 133.

Email:  verivaan2049@...   antarbharatid2010@... bragadambal@...

Mobile: 9492309200.



--- On Thu, 7/1/10, Feroze Mithiborwala <feroze.moses777@...> wrote:

From: Feroze Mithiborwala <feroze.moses777@...>
Subject: [bharat-chintan] Seminar on Indo-Pak Relations & Way Forward
To: "peace-mumbai" <peace-mumbai@googlegroups.com>, imtiyazahmed1973@..., saeedhameed@..., saeedk@..., "Ghulam Muhammed" <ghulammuhammed3@...>, "mustafa abbas" <mabbas71@...>, "shahid latif" <shahid@...>, "Shahid Pradhan" <shahid12@...>, roohulla@..., ashaashram@..., "Muzaffar Bhat" <budgam_social@...>, "Dilnaz" <dilnazb@...>, "kishor jagtap" <kishorda_jagtap@...>, dostitrust@..., "Mujtaba Farooq" <mujtaba.farooq@...>, "DR.QASIM RASOOL ILYAS" <sqrilyas@...>, iqbalgauhar@..., "aslam A" <aslam70@...>, "aslam ghazi" <maghazi@...>, "Shubhradeep Chakravorty" <shubhradeep@...>, pratimajk@..., "Ashim Roy" <ashim_cmp@...>, wasimsanjar@..., sarfarazarzu@..., hasankamaal100@..., "ASIF KHAN MSD" <asifalikhan_06@...>, balakrishnan.s@..., "Alesh Kotzyan" <kocka33@...>, "fg-discussions" <FG-discussions@...>, "cairo-rafah" <cairo-rafah@googlegroups.com>, grey-youth-movement@googlegroups.com, arkitectindia@yahoogroups.com, bharat-chintan@googlegroups.com, "sudhir sawant" <sawantsudhir@...>, "simpreet singh" <simpreetsingh@...>
Date: Thursday, July 1, 2010, 5:07 AM




Pakistan-India Peoples' Forum for Peace & Democracy, Maharashtra


Seminar on India-Pakistan Relations & Way Forward on 3rd July at Dadar

Speakers:

  •  Mr. Iqbal Haider (former Law Minister, Ex Attorney General of Pakistan & Co-chairperson of Human Rights Commission of Pakistan)
  • Mr. Girish Kuber (Senior Journalist)
  • Ms. Pratibha Ranade (Writer)
  • Prof. Pushpa Bhave (Writer, President, PIPFPD, Maharashtra
Venue: Dhuru Hall, Dadar (W)

Date & Time: 03.07.2010 (Saturday) / 06.00 pm

PIPFPD along with Maitreya Prakashan & Dadar Sarvajanik Vachnalaya has organized a seminar on the Indo-Pak Relations & Way Forward on 3rd July at Dhuru Hall, Dadar (W) at 6.00 pm.

Pakistan Diary, a book written in Marathi by Praibha Ranade will also be released on the occassion.

The meeting is significant as it is happening in the background of Ms. Nirupama Rao's, Indian Foreign Secreary, and Mr. P Chidambaram's recent Pakistan visit. Also, Indian External Affairs Minister Mr. S M Krishna will be visiting Pakistan on 15th July. A major break through is expected from 15th July's meeting.

We hope you will make it convenient to attend it.

Jatin






(Jatin Desai)
(M) + 91 - 98690 77718
www.desaijatin.wordpress.com











Jatin Desai
(M) +91 - 98690 77718
www.desaijatin.wordpress.com

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--
Feroze Mithiborwala


--- On Thu, 7/1/10, Feroze Mithiborwala <feroze.moses777@...> wrote:

From: Feroze Mithiborwala <feroze.moses777@...>
Subject: [bharat-chintan] Seminar on Indo-Pak Relations & Way Forward
To: "peace-mumbai" <peace-mumbai@googlegroups.com>, imtiyazahmed1973@..., saeedhameed@..., saeedk@..., "Ghulam Muhammed" <ghulammuhammed3@...>, "mustafa abbas" <mabbas71@...>, "shahid latif" <shahid@...>, "Shahid Pradhan" <shahid12@...>, roohulla@..., ashaashram@..., "Muzaffar Bhat" <budgam_social@...>, "Dilnaz" <dilnazb@...>, "kishor jagtap" <kishorda_jagtap@...>, dostitrust@..., "Mujtaba Farooq" <mujtaba.farooq@...>, "DR.QASIM RASOOL ILYAS" <sqrilyas@...>, iqbalgauhar@..., "aslam A" <aslam70@...>, "aslam ghazi" <maghazi@...>, "Shubhradeep Chakravorty" <shubhradeep@...>, pratimajk@..., "Ashim Roy" <ashim_cmp@...>, wasimsanjar@..., sarfarazarzu@..., hasankamaal100@..., "ASIF KHAN MSD" <asifalikhan_06@...>, balakrishnan.s@..., "Alesh Kotzyan" <kocka33@...>, "fg-discussions" <FG-discussions@...>, "cairo-rafah" <cairo-rafah@googlegroups.com>, grey-youth-movement@googlegroups.com, arkitectindia@yahoogroups.com, bharat-chintan@googlegroups.com, "sudhir sawant" <sawantsudhir@...>, "simpreet singh" <simpreetsingh@...>
Date: Thursday, July 1, 2010, 5:07 AM




Pakistan-India Peoples' Forum for Peace & Democracy, Maharashtra


Seminar on India-Pakistan Relations & Way Forward on 3rd July at Dadar

Speakers:

  •  Mr. Iqbal Haider (former Law Minister, Ex Attorney General of Pakistan & Co-chairperson of Human Rights Commission of Pakistan)
  • Mr. Girish Kuber (Senior Journalist)
  • Ms. Pratibha Ranade (Writer)
  • Prof. Pushpa Bhave (Writer, President, PIPFPD, Maharashtra
Venue: Dhuru Hall, Dadar (W)

Date & Time: 03.07.2010 (Saturday) / 06.00 pm

PIPFPD along with Maitreya Prakashan & Dadar Sarvajanik Vachnalaya has organized a seminar on the Indo-Pak Relations & Way Forward on 3rd July at Dhuru Hall, Dadar (W) at 6.00 pm.

Pakistan Diary, a book written in Marathi by Praibha Ranade will also be released on the occassion.

The meeting is significant as it is happening in the background of Ms. Nirupama Rao's, Indian Foreign Secreary, and Mr. P Chidambaram's recent Pakistan visit. Also, Indian External Affairs Minister Mr. S M Krishna will be visiting Pakistan on 15th July. A major break through is expected from 15th July's meeting.

We hope you will make it convenient to attend it.

Jatin






(Jatin Desai)
(M) + 91 - 98690 77718
www.desaijatin.wordpress.com











Jatin Desai
(M) +91 - 98690 77718
www.desaijatin.wordpress.com

--
You received this message because you are subscribed to the Google Groups "Citizen-Mumbai" group.
To post to this group, send email to citizen-mumbai@googlegroups.com.
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--
Feroze Mithiborwala


#8225 From: Subhashini_Ali@...
Date: Thu Jul 1, 2010 8:39 am
Subject: Re: [Arkitect India] Express way to verify news!
Subhashini_Ali@...
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Do you really believe that PCAPA has nothing to do with the Maoists??

Sent from my BlackBerry® smartphone


From: "SADANAND PATWARDHAN" <2Sadanand@...>
Sender: arkitectindia@yahoogroups.com
Date: Wed, 30 Jun 2010 11:40:01 +0530
To: <chhattisgarh-net@yahoogroups.com>; <bharat-chintan@googlegroups.com>; <arkitectindia@yahoogroups.com>
ReplyTo: arkitectindia@yahoogroups.com
Subject: [Arkitect India] Express way to verify news!

 

Everyone wants the perpetrators of the ghastly deed - the derailing of Jnaneshwari Express -  not only to be nailed in a court of law, but also to be handed down exemplary punishment for murdering over 140 innocent lives. The Bengal police have arrested People's Committee Against Police Atrocities (PCAPA) member Bapi Mahato, who they claim is the maser mind behind the heinous & gory sabotage. Investigations are still on and the police are yet to file a charge sheet. Indian Express's points person for reporting on this important investigation is Madhuparna Das. S/he posted following report dated 24th June as an update to her/his earlier reports on the investigations into this horrific crime.

S/he begins her report on a very cocksure note thus : "On May 29, a day after their act of sabotage derailed the Mumbai-bound Jnaneswari Express and killed 148 people, pro-Maoist PCAPA member Bapi Mahato organized a party in a village in Manikpara in West Bengal to celebrate the "Successful Operation". She has  "prejudged the case" on 4 counts in a single sentence; (1) Bapi Mahato is a member of PCAPA, (2) PCAPA is a pro-Maoist outfit, (3) He led the sabotage operation, and (4) He partied to celebrate it's success. Then she goes onto reproduce a conversation taped by the police in which Bapi reportedly says, "Kaaj Hoyeche to? Etai sab, Aar kichi bhavar darkar nei". These sentences in Bengali are inserted probably to impart "authentic flavour" to the report. But she is not satisfied with this authentication and adds gravitas to her story till now based on police sources (?) by looking for corroboration. And whom does she turn to for verification? Who else but to the chief of police in West Bengal, DGP Bhupinder Singh. Isn't it logical that the police version should be verified from the police themselves? After all they alone would know what is the "truth" in the story put forward by them. DGP is obliging. He not only confirms the veracity of what she has learnt from his force, but manages an expansive generalization : "Generally after every successful ambush or operation, they celebrate".

When & if the truth about the Jnaneswari derailment ultimately comes out, it may happen that the police, Bhupinder Singh and Das are eventually vindicated. But until then what should one make of this embedded journalism of courage which credulously mouths the police version without any doubts? There is luckily a precedence which may help decide the matter for the moment. On 1st October last year Indian Express put out a report in the wake of the arrest of PCAPA leader, Chhatradhar Mahato.

West Bengal police had then claimed that PCAPA leader has an insurance policy worth Rs. 10 Million, a house at Mayurbhunj in Orissa, and an ancestral home in Lalgarh. DGP Bhupinder Singh had said that they were looking for people who paid the premium on the policy. So the police had not an iota of doubt about the veracity of the story they were putting forward. Yet just 10 days later IE reported, "But we are yet to get any confirmation of Chhatradhar Mahato’s insurance policy worth Rs 1 crore and his property in Mayurbhanj. We do not have any concrete proof. He must have got the property and the policy in fake names, said state DGP Bhupindar Singh". There is a climb down but the insinuation continues. Even after nine months the WB police have still not managed to locate any of those assets allegedly possessed by Chhatradhar Mahato.

O O O O O O O



--
Posted By Sadanand to Searching Alternate Narratives at 6/29/2010 08:12:00 PM

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#8226 From: "psn.1946" <psn.1946@...>
Date: Thu Jul 1, 2010 3:57 am
Subject: Re: [Arkitect India] RE: How bad the situation is? Replace Liberal democracy by theocracy?
psn.1946@...
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Our educational efficiency - Hardly ten per cent of the enrolled children reach higher education now. 50% of the kids simply don't enroll. So the efficency is only 5%.
 
Let us suppose this 5% reaches 50% in the near future and they all move to urban centres. Will it be sustainable?
 
Who is to invest to provide JOBS for a half a billion youngters?
 
With a car population of 9 per 1000, our towns are getting choked. Rivers, sea, water sources, land and air are polluted by the industries and industrial agri business companies.Diseases are on the rise.
 
In this situation, if someone suggests 'urbanisation is the talisman', he needs immediate medical attention.
 
The suggested four steps smacks the age old Indian Varnashrama bias. Continuing the erected wall between work and worship.
 
Who is to feed these urban sahebs? Will they import their food?
 
Sankara Narayanan
 
On 7/1/10, Pankaj Jain <pjain2002@...> wrote:
 

An overwhelming opinion among Indian state-system's critics is that on an average, things are really bad in India. There are a small number of winners and gainers, but a much larger number of average people, particularly marginalized are loser.s
 
There is no doubt that on so many counts, the current situation is unacceptably bad, but on the other side, you can not disregard the following also:
 
1. Since India is growing @ 6-8%, with population growth at @ 2%, and no detrioration in Gini coefficient, meaning inequities not rising, a large majority of Indians, on an average, are becoming better in terms of per capita income. 
2. At least in cities, overt and felt discrimination against socially disadvantahed groups is not overwhelming. So, if you are economically and educationally well off, the social life in cities is not oppressive.
3. Urbanization is growing at a rapid rate, meaning escape from the setting of social oppression to a considerable extent.
4. So, if the economic growth rate continues at the prsent rate ,or touches Chinese level, and urbanization rate too continues, we should, on an average, be OK.
 
Of course, these averages would still leave too many, and large, pockets of misery, but liberal democracy in India is not doing so bad that it needs replacement by a theocracy.
 
Pankaj
 
  

--- On Wed, 6/30/10, Pankaj Jain <pjain2002@...> wrote:
 

From: Pankaj Jain <pjain2002@...>
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!
To: arkitectindia@yahoogroups.com
Date: Wednesday, June 30, 2010, 4:49 PM

 
Sadanand:

Thanks for a very thoughtful response.

The problem with a systems analysis is that systems are so complex that every feasible analysis means abstraction of reality through arbitrary categories, which do not and cannot correspond to reality in totality, and hence leave out some critical determinants of systems outcome. That is the reason that equally rational people using different abstraction and model of system dynamics, come to different conclusions. I am, therefore, not sure if we two will ever or easily agree on the framework of social analysis.

How then we move forward without rejecting each other? One way is to forget about analysis, and compare the recommendations for system reform/ replacement/ solutions etc. etc. Let us move from analysis to recommendations.

When it comes to desired solution, empirically I normally find liberal democracy doing better than any alternate formulation, however well the alternative was justified on the basis of elegant analysis. 

I am sure forum members would be happy to read your alternate formulation for Indian society/ nation. I am not sure, how many of us would really welcome permanently being ruled by Naxalites, or Talibans, or other kind of fundamentalists, who believe that theirs is the only solution, and alternatives must be permanently banished.

Warm regards.

Pankaj
  

--- On Wed, 6/30/10, SADANAND PATWARDHAN <2Sadanand@GMail. Com> wrote:

From: SADANAND PATWARDHAN <2Sadanand@GMail. Com>
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!
To: arkitectindia@ yahoogroups. com
Date: Wednesday, June 30, 2010, 2:13 PM

 

Pankaj -:

 

If I understand what you say, you observe that some people slide back into worse circumstances, others stay where they are, and few manage to rise above their circumstances. What differentiates these groups is presumably their abilities or lack of them. After some reflection and consideration you may add availability of opportunities, lucky circumstances, some thoughtful advance preparation, etc as necessary ingredients to the recipe of success. If I have followed you till here correctly, You are not alone in reaching such a formulation. Coming from an individualistic perspective, it not only appears rational & logical (the attributes you appreciate), but also is validated by several anecdotal examples each one of us can quote. About  35 years back Bangars, Dalmiyas, were among the top 10 business families where  as Ambanis, Murthys were not even known. Today, folks in their 20s and 30s will turn this statement on its head – Bangars who? Unfortunately, these marginal movements, whereby ‘Democracy Deficit Losers’ (DDL) move into the ranks of “Democracy Dividend Winners’ (DDW), and sometimes rise to the very top, that create the illusion that everything is fine with the “system†what needs to be fixed is the individual.

 

But if one were to document all the failures, who were similarly gifted as the successes, and only successes claim media and our attention, then I am afraid that failures far outnumber the success stories. These failures therefore have to be accounted for by only the misbehavior of our system. The Super30 from Bihar was started by Anandkumar and Abhayanand in 2002 and achieved phenomenal success in demonstrating that (capable) students from disadvantaged backgrounds are second to none (if that needed to be proved) in cracking the IIT-JEE, arguably one of the toughest tests of mental caliber of a type. It also shows that many such children ( 30 x no. of years since IITs were started until 2002) have missed out on this opportunity from the very area which provides the feeder stock for Super30, just because there was no Super30 before. But considering the size of India, A & A are just scratching the surface. At Super30 everything is free for the selected students. But then things don’t come for free, somebody is paying for it, and that is called charity.

 

While I hold people who have dedicated their lives to improve the lot of others, who are not related to them in anyway, in very high esteem, I still consider the existence of charity as a symptom of a disease.  This disease is the unjust, inequitable way in which our existing economic, political, social order functions. Such order permits concentration of riches, might, governance, knowledge, etc in the hands of few at the cost of  multitude while we have grown accustomed to see nothing wrong in this. You had sought suggestions on how best to resolve the urgency of educating millions of children in India who may in all likelihood be deprived of it. On this forum I have seen anguish at over 47% children in India being malnourished. Now what has deprived these children of a normal childhood, an opportunity to develop in full their genetic potential, an ability to become a full fledged able bodied and able minded member of the community; if not this system of ours, then what is it? The same system at the same time  - to cite just one instance – permits a loot of  over Rs. 12 billion worth of iron ore (illegally mined, illegally transported on forged permits, and illegally exported when it had already been seized by the O/o Lok Ayukta and Dept. of Forests) in a single year (2009-10) in Karnataka alone that rightfully belonged to these lost childhoods. It is not possible to tinker piecemeal with this system to improve. It needs a thorough overhaul. We need to find, discuss, debate, discard, improve, and innovate ways to achieve that and act upon them.

 

One may certainly save what is important, but before that one should know what it is.

 

Regards,

Sadanand

 

 

 

From: arkitectindia@ yahoogroups. com [mailto:arkitectind ia@yahoogroups. com] On Behalf Of Pankaj Jain
Sent: 28 June 2010 21:59
To: arkitectindia@ yahoogroups. com
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!

 

 

By being bent on saving what is important to me, and struggling to save, day in and day out, as much as the other side is bent on dispossessing me. Life battle is never won at one time, you win a little bit, and also loose a little bit, every day.

My grandfather was a petty trader who had to leave his village due to poverty, and in two generations, his grand children are all over India, and the world. Of course, many have stayed put where they were, and some have regressed too, but that is how the life is.

All those who promise haven at the end of their path are simply liars.

Pankaj


--- On Mon, 6/28/10, SADANAND PATWARDHAN <2Sadanand@GMail. Com> wrote:


From: SADANAND PATWARDHAN <2Sadanand@GMail. Com>
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!
To: arkitectindia@ yahoogroups. com
Date: Monday, June 28, 2010, 5:59 PM

 

Pankaj,

 

How do you rationally propose to improve the opposing side that is bent upon dispossessing people of their जल, जंगल और जमिन in “Public Interest†with overwhelming force?

 

Sadanand

 

From: arkitectindia@ yahoogroups. com [mailto:arkitectind ia@yahoogroups. com] On Behalf Of Pankaj Jain
Sent: 28 June 2010 08:11
To: arkitectindia@ yahoogroups. com
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!

 

 

Sadanand:

Your position is beyond rational analysis/ argument as it is essentially two para long abusive descriptor of the current system. What do you get by abusing the other side, other than political consolidation of your side behind uncompromising stance and its commitment to destruction of (not improvement in) the opposing side? A standard technique of tribal warfare?

Pankaj
 

--- On Sun, 6/27/10, SADANAND PATWARDHAN <2Sadanand@GMail. Com> wrote:


From: SADANAND PATWARDHAN <2Sadanand@GMail. Com>
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!
To: arkitectindia@ yahoogroups. com
Date: Sunday, June 27, 2010, 12:33 PM

 

The critical marker of Emergency (1975) then was, it was essentially, though not wholly,  a struggle for power within the ruling elite like the internecine wars (palace struggles) between the claimants to the kingdom. It created a hue & cry, because the rules governing such struggles were violated by one side with impunity. Of course, people’s participation was co-opted by the aggrieved parties on some pretext or the other in their counter attack. Aren’t the fuel prices raised to fund the social sector programmes for the common man as Pranab Mukehrjee said the day before? Or will not they be rolled back so that common woman is spared the burdensome inflation on her pitiful consumption basket?

 

The situation now is, even if we call it emergency, devoid of any internecine conflict as there is now unity of purpose across the ruling spectrum as to where they want the economy to go. Only differences may be about nuances of how and who gets what. The opposition now is coming from the those who were, are and may will be ruled in future, if around, and are totally opposed to the development paradigm that demands sacrifices of them and only them without any meaningful benefits. With over 35 years of managing the “ruledâ€, the rulers have gained formidable experience and have refined their skills to such sublime perfection that wars on own people can be waged with abundance while the façade democracy continues undisturbed.

 

Sadanand

 

From: arkitectindia@ yahoogroups. com [mailto:arkitectind ia@yahoogroups. com] On Behalf Of Sukla Sen
Sent: 26 June 2010 07:48
To: arkitectindia@ yahoogroups. com; concern4each@ googlegroups. com; IHRO; issueonline; indiathinkersnet; bahujan; mahajanapada; invitesplus@ yahoogroups. com; greenyouth; chhattisgarh- net; national-forum- of-india@ yahoogroups. co.in; INSAANIYATBOMBAY; ecological-democrac y; international- peace-festival; mihre
Subject: Re: [Arkitect India] “Is a new, but unannounced, Emergency creeping silently across the nation?†Environmentalists & HR Activists getting arrested!

 

 

The Emergency had a quite a few markers.

We're to first ask ourselves what are these?

 

Obviously, the most defining one is the Presidential proclamation suspending all Fundamental Rights on account of some extraordinary situation arising - caused by external threat or internal danger.

Evidently when one talks of "unannounced Emergency", the very first element - the Presidential proclamation, is admittedly missing. But nevertheless the use of the term Emergency would denote that one is presented with the consequences of declaration of Emergency.

 

What were these consequences? What are experiences of 1975?

Thousands were put behind bars including the leading oppositional figures, quite often in undisclosed locations. No Habeas Corpus.

Media gagged. Pre-censorship in place. Even hints of criticism of the regime were much too difficult. Who tried had to either close shop or come out with blank spaces on the printed pages.

Recourse to legal actions against the regime was effectively blocked.

No protest demo/meeting/ memorandum. An all-pervasive atmosphere of fear and panic.  

Open opposition driven underground.

If 1974 railway strike was one of the highest points of anti-regime turbulence under the highly repressive regime, but without unaided by Emergency; the most, and perhaps only, visible case of opposition during the Emergency that soon followed is the Baroda Dynamite case. That, however, came to be known only when the regime could get to know before its execution and charged the accused.

 

So, under Emergency, the only option left is underground resistance. Other options are just not available. 

Otherwise, under repressive regimes, (open) mass mobilisation and protests. The larger the better.

This e-mail exchange is evidently a part of that.

 

Sukla

 

On 25 June 2010 01:20, Kabir Arora <kabirkhan1989@ gmail.com> wrote:

 

 

 

Press Release                                                                               June 23, 2010

 

Stop the Undeclared Emergency and Witch-hunt of Social activists & Human Rights Defenders – Statement by Civil Society groups and concerned citizens

 

[Speakers at the Press Conference held at IWPC, New Delhi – Jst (Rtd) Rajendra Sachar, Kuldip Nayar (former MP and veteran journalist), Shabnam Hashmi (social activist – ANHAD), Tapan K Bose (Director, South Asia Forum for Human Rights), Indu Prakash (Member, EC - Shahri Adhikar Manch), Anil Chowdhury (INSAF), & Tanveer Afaque (Haq) ]

 

Under the garb of anti-Maoist operations and close on the heels of the Home Ministry directive, the Central and State Governments are now unleashing a witch-hunt on rights’ activists and civil society groups in India. Added to this, the fishing expedition of Gujarat police has now reached Delhi. After having arrested 13 trade unionists, forest rights activists and ordinary workers of Gujarat against the omnibus FIR number 1-37/2010 Police station Kamrej, Surat range, dated 26th of February, u/s 120 (B), 121(A), 124(A), 153 A& B of the IPC, and sec 38, 39 and 40 of the UAPA, 2004, Shakeel is the new catch, the 14th person arrested in this FIR on 17th April, 2010.

 

Abdul Shakeel Basha, for the last six years had been working with homeless and street children with organisations like Aman Biradari (2004 to 2008) and since 2009 with Haq (World Faith) & Shahari Adhikar Abhiyan. His work with Aman Biradari also took him to Gujarat several times as the work related to justice to the victims of the 2002 Gujarat genocide was carried out through the ‘Nyaya Grah’ project of Aman Biradari.

 

Other than him, the Gujarat government has recently incarcerated 13 trade unionists, forest rights activists, and ordinary workers – all demanding that the Constitutional rights of the people be restored – and all under a single omnibus FIR (number 1-37/2010) filed in the Kamrej Police station, Surat range, dated 26th of February, under serious charges of sedition, waging war against State, conspiracy, being members of and supporting a banned organisation. The West Bengal government has similarly prosecuted members of a Fact Finding Team; trade union leaders and human rights activists have been quietly arrested in Uttar Pradesh, Chhattisgarh, and many other States. The charges are such that all those arrested can be imprisoned for up to 3 years without bail. On the 35th anniversary of the notorious proclamation by the Indira Gandhi government, it is appropriate to ask, “Is a new, but unannounced, Emergency creeping silently across the nation?â€

 

Is the judiciary also complicit in this assault on democracy? The trend is such that courts are not questioning these framed up cases and trials that go on endlessly. Not only are charge sheets bulky with a large number of witnesses, but when the prosecution’s case appears to be weak, the police file even more charge sheets. In this it is evident that the Gujarat police is following the precedents set by their Andhra brethren in uniform. Thus the only remand paper available in the case of Avinash Kulkarni, a pioneer in implementing the Forests Rights Act in the Dangs area of Gujarat, and who was arrested through a long chain of suspects in Orissa, is one in which he stands accused of “instigating tribals to start violent agitation through CPI (ML) Janshakti Party". It should be noted that not only is CPI (ML) Janshakti an overground party which has been fighting elections for the last seventeen years, but that every Indian has the Constitutional right to follow the politics of his or her choice. But even when applications have been filed with the National Human Rights Commission in such cases, the police have pre-empted the Commission by filing charge sheets in court.

 

What is even more revealing (and distressing) is the behaviour of the media. The story of Basha’s arrest was published by most of the newspapers on June 19 based on information provided by the police. The PTI story and several others seemed to just gobble up the police version, without any independent enquiries about the person, his involvements or activities. These not just reflect badly on the independence of the media, but also talk a lot about the lack of basic journalistic integrity & ethics.

 

Earlier, during the month of April, 2010 Delhi police arrested four persons on charges of being associated with CPI Maoists - Sunil Mandiwal, Ajay Singh, Gopal Mishra, and his wife Anu Mishra. Sunil Mandiwal was an Assistant Lecturer in the Hindi Department of Delhi University, while Gopal Mishra was working for a trade union in Shahdara but was alleged to be a “commander†of the CPI Maoist. All the newspapers, which published the news of the arrests of these persons, provided detailed accounts of the charges against them and the police versions of the “criminal†activities they were allegedly involved in as members of the CPI Maoist. But none cared to follow the basic tenets of journalism in carrying the version of the accused or the arrested persons. When Mandiwal was subsequently released as the police could not find any evidence against him, the newspapers did not bother to talk to him and report what he had to say about his arrest and the “investigation†that the police carried out. 

 

On April 11, media analyst Partho Roy read in The Sunday Times of India, a special article by its investigative reporter which carried details of how the Maoists raised huge amounts of money, nearly Rs 1,500 crore, through extortion, selling drugs, ransom, and robbery. On the same day he read the same article in a Bengali newspaper Ekdin that also claimed that it was written by its staff correspondent. The article also appeared on April 11 in Asian Age under the name of a well known correspondent. And it further appeared in “Central Chronicleâ€, an internet news portal from Madhya Pradesh, but this time it was attributed to agencies. Such a rare instance of cooperation between newspapers raised the interesting question of who did the “investigationâ€. The cat was let out of the bag by the Mumbai Mirror when it published the same news report on the same day but attributed it to Intelligence Agencies. 

 

We all know that Operation “Green Hunt†is on. According to the Home Ministry a 70,000 strong force is being raised to smash the Maoists. The United “Progressive†Alliance government has sanctioned Rs 14,000 crore for buying arms for this new counter insurgency force. The votaries of Neo-conservatism who are in power have clearly declared that they believe in “economic growth†at the cost of all those people who oppose the massive plans of industrialisation in the central Indian forests, or the acquisition of immense tracts in the plains for Special Economic Zones, or the conversion of middling Indian towns into “world class†cities, or the channelling of snow-fed rivers of the north into tunnels to meet the hunger for “powerâ€.  

 

It is within this context where capitalist development considers the working people to be redundant, and the defenders of human rights as impediments to progress, that we need to view the arrest and prosecution of activists like Shakeel Basha. It is also within this context that we stand by such individuals to reclaim the democratic space, to restore the Republic to the People, and to challenge the neo-Goebbelsian trend in which the media has become the embedded hand-maiden of those who ruthlessly use power against the people. We declare that we shall not let this neo-Emergency pass.

 

And finally, we need to ask ourselves especially when we are on the eve of emergency day, 26th June, thirty five years later, whether we are going to surrender our Constitutional rights of dissenting and holding and expressing views, to the police state that India is becoming.

 

Endorsed BY: Haq, ANHAD, Aman Biradari, Peace, Insaf, Delhi Solidarity Group, National Alliance of People’s Movements – NAPM Delhi, National Forum of Forest People & Forest Workers, (NFFPFW) Hazard Centre, South Asia Forum for Human Rights (SAFHR), Human Rights Law Network (HRLN), New Trade Union Initiative (NTUI), Shahri Adhikar Manch, The Other Media, Saheli, IGSSS, Update Collective, Campaign for Judicial Accountability & Reforms, People’s Union for Civil Liberties (PUCL) and other concerned groups and individuals

 




--
Peace Is Doable

 
 





#8227 From: Amitabh Thakur <amitabhth@...>
Date: Thu Jul 1, 2010 10:40 am
Subject: Kandhamal verdict
amitabhth
Send Email Send Email
 
A stitch in time saves Nine

29th June 2010 must be considered an important day in the history of Indian judicial system. Not that some new law was promulgated on that day nor was any new judicial body set up. There was not even a major judicial structural change as well. Yet, what happened that day is something that would go a long way in restoring our faith in Indian socio-political structure. At the same time, it would help redeem the respect of Indian populace for our judicial system.
It is on this date that in Kandhamal district Orissa in, an important judgment was delivered that went on to sentence the powerful local politician and MLA from an important political party in matters related with communal riots. What is even more heartening is that the judgment was delivered by a fast-track court within a span of 2 years of the happening of the incidence. Manoj Pradhan, the influential leader of Kandhamal and a present-time MLA was supposed to be close to Swami Laxmanananda.
It was August 2008 that the murder of an important Hindu religious leader Swami Laxmanananda Saraswati and four of his aides had trigged a massive and highly damaging riot which went on for days (which has been alleged by many as being  a result of the deliberate laxity on the government’s part). The end result was what always happens in every riotous situations- the poor and the have-nots bore the brunt of the attack. While thousands of Christians were forced to leave their houses, the heat was equally felt by the poor Hindu tribal communities. It is alleged that Manoj Pradhan played a major role in instigating the riots and led it from the front, taking part in arson, murder and other heinous offences during the riots. Pradhan later got arrested and subsequently got his bail.
Meanwhile the matter came for trial before the Fast Court Track in Kandhamal district. Nearly two dozen cases were registered in different police stations in that period. In fact 17 cases were registered against Manoj Pradhan himself. So far decision in 12 cases related to him have come and he has been absolved in 11 of them. In the latest judgment he has been found guilty along with Pafulla Mallik and 14 others on charges of rioting, causing grievous hurt by dangerous weapons and arson.  They have been given 7 years of rigorous imprisonment each.  Thus five cases are still pending before him.
The judgment has been received by different people in different ways. There is a group that says that the punishment has been too less and lenient considering the heinous nature of the crime. They would have been satisfied if the maximum prescribed punishment were imposed on the accused. The other group has an exactly opposite view and openly claim that Manoj Pradhan was falsely implicated in the matter and he is completely innocent. They say that an appeal will be made in the Orissa High Court which shall help bring forth the truth. There are also the sufferers and the poor people who are too frightened to articulate any opinion in any way and for whom the only thing that matters is that such things don’t repeat again.
For a person like me and you, it would neither be prudent nor legal to comment on the judgment per se and give our own opinion, it still being in the judicial process. But one thing that really gives me immense satisfaction is the fact that justice (whether as acquittals or as convictions) is being delivered in these cases in a relatively fast manner, that too considering the fact that this is a highly contentious, political and religiously charged and emotive issue. “Justice delayed is justice denied†they say but due to so many reasons this is exactly what is happening in our country in many cases. Look at the SPS Rathode case in Haryana. In incidence took place in 1990 and the judgment was delivered in 2010. What meanings do such judgments have for all the concerned parties? Many a times the accused and the victim are dead and gone, at other times they are too old, helpless or weak as to suffer or rejoice the verdict. In short, it becomes a mere mockery and some kind of ritual. I recently read of a judgment related with Shibu Soren, the ex-Chief Minister of Jharkhand who was found not guilty in a murder case that related to late 1970s. So after more than 30 years it is found that Shibu Soren had not caused that murder. What relevance does such judgements have- in the eyes of the public, for the accused, for the victims, for the prosecution and even for the Judge who is delivering it?
What even pains more is that even Judiciary seems to have got affected by the Media bug or the Media pressure. An apt example would again be the same Ruchika case, where after 19 years, 40 adjournments, and more than 400 hearings, the court finally pronounced Rathore guilty under Section 354 IPC (molestation) and sentenced him to six months imprisonment and a fine of Rs 1,000. But the moment there was a huge uproar across the Nation, another Court could deliver the judgment in less than 6 months sentencing him to one and a half years of rigorous imprisonment.
But to me, the Kandhamal case carries much more importance than Ruchika and Jessica Lal and all such cases because these are the crimes that are related with individuals while a riot is one which the general public has to face and suffer. Thus a judgment in one of the crimes related with riots has a much higher relevance and impetus to the masses and has much more message to convey. In such circumstances, if the crimes related with riots (religious, political, caste-based etc) are not decided in a swift manner, it gives a very bad message to the society and acts as a huge bolster to the other rioters. If there is not enough evidence against a person, leave him/her for good. Otherwise convict the person to the equitable punishment that seems to be deserving. But to choose a middle path (which Lord Buddha would never have advocated) of lingering the matter for years in nothing but akin to becoming a party to the crime itself. If a Sikh riot of 1984, the Ayodhya events of 1992 or the Gujarat riots of 1992 are still pending in Courts, with no near chances of their getting decided (either way) then don’t they act as potential precursors of future riots, giving such criminal mindsets an example to emulate and follow?
I sincerely believe that judgments in all such riot related matters must be delivered in a timely manner and swift (and correct) decisions must be arrived at in the minimum possible time, even at the cost of some criticism here and there (which any judicial pronouncement is bound to face anyway, because of vested interests and varying perspectives).

Amitabh Thakur
IPS,
President,
IRDS,
Lucknow
# 94155-34526


#8228 From: Pankaj Jain <pjain2002@...>
Date: Thu Jul 1, 2010 10:42 am
Subject: Re: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!
pjain2002@...
Send Email Send Email
 
In India, Ambani has the same number of votes as a worker or a farmer. So, how do you term our's as corporate democracy? If you refer to the capacity of corporate to buy votes and opinions, you are really unreasonably contemptuous of our citizen. Also, remember that for every Anil Ambani trying to buy votes, there is his elder brother, or Ratan Tata, or Sunil Mittal, who too will compete. More important fact is that Shri Lalu Yadav, Smt. Mayavati, Shri Karuna Nidhi, Smt. Gandhi and Mr. Advani are smarter than all these competing corporate honchos, and will defeat them easily.

Ours is pretty good people's democracy.

Pankaj

 



--- On Thu, 7/1/10, Feroze Mithiborwala <feroze.moses777@...> wrote:

From: Feroze Mithiborwala <feroze.moses777@...>
Subject: Re: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!
To: arkitectindia@yahoogroups.com
Date: Thursday, July 1, 2010, 11:30 AM

 

The choice my dear is between a Corporate Democracy & a Peoples' Democracy - not a Theocracy.




On 30 June 2010 16:49, Pankaj Jain <pjain2002@yahoo. com> wrote:
 

Sadanand:

Thanks for a very thoughtful response.

The problem with a systems analysis is that systems are so complex that every feasible analysis means abstraction of reality through arbitrary categories, which do not and cannot correspond to reality in totality, and hence leave out some critical determinants of systems outcome. That is the reason that equally rational people using different abstraction and model of system dynamics, come to different conclusions. I am, therefore, not sure if we two will ever or easily agree on the framework of social analysis.

How then we move forward without rejecting each other? One way is to forget about analysis, and compare the recommendations for system reform/ replacement/ solutions etc. etc. Let us move from analysis to recommendations.

When it comes to desired solution, empirically I normally find liberal democracy doing better than any alternate formulation, however well the alternative was justified on the basis of elegant analysis. 

I am sure forum members would be happy to read your alternate formulation for Indian society/ nation. I am not sure, how many of us would really welcome permanently being ruled by Naxalites, or Talibans, or other kind of fundamentalists, who believe that theirs is the only solution, and alternatives must be permanently banished.

Warm regards.

Pankaj
  

--- On Wed, 6/30/10, SADANAND PATWARDHAN <2Sadanand@GMail. Com> wrote:

From: SADANAND PATWARDHAN <2Sadanand@GMail. Com>
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!
To: arkitectindia@ yahoogroups. com
Date: Wednesday, June 30, 2010, 2:13 PM

 

Pankaj -:

 

If I understand what you say, you observe that some people slide back into worse circumstances, others stay where they are, and few manage to rise above their circumstances. What differentiates these groups is presumably their abilities or lack of them. After some reflection and consideration you may add availability of opportunities, lucky circumstances, some thoughtful advance preparation, etc as necessary ingredients to the recipe of success. If I have followed you till here correctly, You are not alone in reaching such a formulation. Coming from an individualistic perspective, it not only appears rational & logical (the attributes you appreciate), but also is validated by several anecdotal examples each one of us can quote. About  35 years back Bangars, Dalmiyas, were among the top 10 business families where  as Ambanis, Murthys were not even known. Today, folks in their 20s and 30s will turn this statement on its head – Bangars who? Unfortunately, these marginal movements, whereby ‘Democracy Deficit Losers’ (DDL) move into the ranks of “Democracy Dividend Winners’ (DDW), and sometimes rise to the very top, that create the illusion that everything is fine with the “system†what needs to be fixed is the individual.

 

But if one were to document all the failures, who were similarly gifted as the successes, and only successes claim media and our attention, then I am afraid that failures far outnumber the success stories. These failures therefore have to be accounted for by only the misbehavior of our system. The Super30 from Bihar was started by Anandkumar and Abhayanand in 2002 and achieved phenomenal success in demonstrating that (capable) students from disadvantaged backgrounds are second to none (if that needed to be proved) in cracking the IIT-JEE, arguably one of the toughest tests of mental caliber of a type. It also shows that many such children ( 30 x no. of years since IITs were started until 2002) have missed out on this opportunity from the very area which provides the feeder stock for Super30, just because there was no Super30 before. But considering the size of India, A & A are just scratching the surface. At Super30 everything is free for the selected students. But then things don’t come for free, somebody is paying for it, and that is called charity.

 

While I hold people who have dedicated their lives to improve the lot of others, who are not related to them in anyway, in very high esteem, I still consider the existence of charity as a symptom of a disease.  This disease is the unjust, inequitable way in which our existing economic, political, social order functions. Such order permits concentration of riches, might, governance, knowledge, etc in the hands of few at the cost of  multitude while we have grown accustomed to see nothing wrong in this. You had sought suggestions on how best to resolve the urgency of educating millions of children in India who may in all likelihood be deprived of it. On this forum I have seen anguish at over 47% children in India being malnourished. Now what has deprived these children of a normal childhood, an opportunity to develop in full their genetic potential, an ability to become a full fledged able bodied and able minded member of the community; if not this system of ours, then what is it? The same system at the same time  - to cite just one instance – permits a loot of  over Rs. 12 billion worth of iron ore (illegally mined, illegally transported on forged permits, and illegally exported when it had already been seized by the O/o Lok Ayukta and Dept. of Forests) in a single year (2009-10) in Karnataka alone that rightfully belonged to these lost childhoods. It is not possible to tinker piecemeal with this system to improve. It needs a thorough overhaul. We need to find, discuss, debate, discard, improve, and innovate ways to achieve that and act upon them.

 

One may certainly save what is important, but before that one should know what it is.

 

Regards,

Sadanand

 

 

 

From: arkitectindia@ yahoogroups. com [mailto:arkitectind ia@yahoogroups. com] On Behalf Of Pankaj Jain


Sent: 28 June 2010 21:59
To: arkitectindia@ yahoogroups. com
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!

 

 

By being bent on saving what is important to me, and struggling to save, day in and day out, as much as the other side is bent on dispossessing me. Life battle is never won at one time, you win a little bit, and also loose a little bit, every day.

My grandfather was a petty trader who had to leave his village due to poverty, and in two generations, his grand children are all over India, and the world. Of course, many have stayed put where they were, and some have regressed too, but that is how the life is.

All those who promise haven at the end of their path are simply liars.

Pankaj


--- On Mon, 6/28/10, SADANAND PATWARDHAN <2Sadanand@GMail. Com> wrote:


From: SADANAND PATWARDHAN <2Sadanand@GMail. Com>
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!
To: arkitectindia@ yahoogroups. com
Date: Monday, June 28, 2010, 5:59 PM

 

Pankaj,

 

How do you rationally propose to improve the opposing side that is bent upon dispossessing people of their जल, जंगल और à¤œà¤®à¤¿à¤¨ in “Public Interest†with overwhelming force?

 

Sadanand

 

From: arkitectindia@ yahoogroups. com [mailto:arkitectind ia@yahoogroups. com] On Behalf Of Pankaj Jain
Sent: 28 June 2010 08:11
To: arkitectindia@ yahoogroups. com
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!

 

 

Sadanand:

Your position is beyond rational analysis/ argument as it is essentially two para long abusive descriptor of the current system. What do you get by abusing the other side, other than political consolidation of your side behind uncompromising stance and its commitment to destruction of (not improvement in) the opposing side? A standard technique of tribal warfare?

Pankaj
 

--- On Sun, 6/27/10, SADANAND PATWARDHAN <2Sadanand@GMail. Com> wrote:


From: SADANAND PATWARDHAN <2Sadanand@GMail. Com>
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!
To: arkitectindia@ yahoogroups. com
Date: Sunday, June 27, 2010, 12:33 PM

 

The critical marker of Emergency (1975) then was, it was essentially, though not wholly,  a struggle for power within the ruling elite like the internecine wars (palace struggles) between the claimants to the kingdom. It created a hue & cry, because the rules governing such struggles were violated by one side with impunity. Of course, people’s participation was co-opted by the aggrieved parties on some pretext or the other in their counter attack. Aren’t the fuel prices raised to fund the social sector programmes for the common man as Pranab Mukehrjee said the day before? Or will not they be rolled back so that common woman is spared the burdensome inflation on her pitiful consumption basket?

 

The situation now is, even if we call it emergency, devoid of any internecine conflict as there is now unity of purpose across the ruling spectrum as to where they want the economy to go. Only differences may be about nuances of how and who gets what. The opposition now is coming from the those who were, are and may will be ruled in future, if around, and are totally opposed to the development paradigm that demands sacrifices of them and only them without any meaningful benefits. With over 35 years of managing the “ruledâ€, the rulers have gained formidable experience and have refined their skills to such sublime perfection that wars on own people can be waged with abundance while the façade democracy continues undisturbed.

 

Sadanand

 

From: arkitectindia@ yahoogroups. com [mailto:arkitectind ia@yahoogroups. com] On Behalf Of Sukla Sen
Sent: 26 June 2010 07:48
To: arkitectindia@ yahoogroups. com; concern4each@ googlegroups. com; IHRO; issueonline; indiathinkersnet; bahujan; mahajanapada; invitesplus@ yahoogroups. com; greenyouth; chhattisgarh- net; national-forum- of-india@ yahoogroups. co.in; INSAANIYATBOMBAY; ecological-democrac y; international- peace-festival; mihre
Subject: Re: [Arkitect India] “Is a new, but unannounced, Emergency creeping silently across the nation?†Environmentalists & HR Activists getting arrested!

 

 

The Emergency had a quite a few markers.

We're to first ask ourselves what are these?

 

Obviously, the most defining one is the Presidential proclamation suspending all Fundamental Rights on account of some extraordinary situation arising - caused by external threat or internal danger.

Evidently when one talks of "unannounced Emergency", the very first element - the Presidential  proclamation, is admittedly missing. But nevertheless the use of the term Emergency would denote that one is presented with the consequences of declaration of Emergency.

 

What were these consequences? What are experiences of 1975?

Thousands were put behind bars including the leading oppositional figures, quite often in undisclosed locations. No Habeas Corpus.

Media gagged. Pre-censorship in place. Even hints of criticism of the regime were much too difficult. Who tried had to either close shop or come out with blank spaces on the printed pages.

Recourse to legal actions against the regime was effectively blocked.

No protest demo/meeting/ memorandum. An all-pervasive atmosphere of fear and panic.  

Open opposition driven underground.

If 1974 railway strike was one of the highest points of anti-regime turbulence under the highly repressive regime, but without unaided by Emergency; the most, and perhaps only, visible case of opposition during the Emergency that soon followed is the Baroda Dynamite case. That, however, came to be known only when the regime could get to know before its execution and charged the accused.

 

So, under Emergency, the only option left is underground resistance. Other options are just not available. 

Otherwise, under repressive regimes, (open) mass mobilisation and protests. The larger the better.

This e-mail exchange  is evidently a part of that.

 

Sukla

 

On 25 June 2010 01:20, Kabir Arora <kabirkhan1989@ gmail.com> wrote:

 

 

 

Press Release                                                                               June 23, 2010

 

Stop the Undeclared Emergency and Witch-hunt of Social activists & Human Rights Defenders – Statement by Civil Society groups and concerned citizens

 

[Speakers at the Press Conference held at IWPC, New Delhi – Jst (Rtd) Rajendra Sachar, Kuldip Nayar (former MP and veteran journalist), Shabnam Hashmi (social activist – ANHAD), Tapan K Bose (Director, South Asia Forum for Human Rights), Indu Prakash (Member, EC - Shahri Adhikar Manch), Anil Chowdhury (INSAF), & Tanveer Afaque (Haq) ]

 

Under the garb of anti-Maoist operations and close on the heels of the Home Ministry directive, the Central and State Governments are now unleashing a witch-hunt on rights’ activists and civil society groups in India. Added to this, the fishing expedition of Gujarat police has now reached Delhi. After having arrested 13 trade unionists, forest rights activists and ordinary workers of Gujarat against the omnibus FIR number 1-37/2010 Police station Kamrej, Surat range, dated 26th of February, u/s 120 (B), 121(A), 124(A), 153 A& B of the IPC, and sec 38, 39 and 40 of the UAPA, 2004, Shakeel is the new catch, the 14th person arrested in this FIR on 17th April, 2010.

 

Abdul Shakeel Basha, for the last six years had been working with homeless and street children with organisations like Aman Biradari (2004 to 2008) and since 2009 with Haq (World Faith) & Shahari Adhikar Abhiyan. His work with Aman Biradari also took him to Gujarat several times as the work related to justice to the victims of the 2002 Gujarat genocide was carried out through the ‘Nyaya Grah’ project of Aman Biradari.

 

Other than him, the Gujarat government has recently incarcerated 13 trade unionists, forest rights activists, and ordinary workers – all demanding that the Constitutional rights of the people be restored – and all under a single omnibus FIR (number 1-37/ 2010) filed in the Kamrej Police station, Surat range, dated 26th of February, under serious charges of sedition, waging war against State, conspiracy, being members of and supporting a banned organisation. The West Bengal government has similarly prosecuted members of a Fact Finding Team; trade union leaders and human rights activists have been quietly arrested in Uttar Pradesh, Chhattisgarh, and many other States. The charges are such that all those arrested can be imprisoned for up to 3 years without bail. On the 35th anniversary of the notorious proclamation by the Indira Gandhi government, it is appropriate to ask, “Is a new, but unannounced, Emergency creeping silently across the nation?â€

 

Is the judiciary also complicit in this assault on democracy? The trend is such that courts are not questioning these framed up cases and trials that go on endlessly. Not only are charge sheets bulky with a large number of witnesses, but when the prosecution’s case appears to be weak, the police file even more charge sheets. In this it is evident that the Gujarat police is following the precedents set by their Andhra brethren in uniform. Thus the only remand paper available in the case of Avinash Kulkarni, a pioneer in implementing the Forests Rights Act in the Dangs area of Gujarat, and who was arrested through a long chain of suspects in Orissa, is one in which he stands accused of “instigating tribals to start violent agitation through CPI (ML) Janshakti Party". It should be noted that not only is CPI (ML) Janshakti an overground party which has been fighting elections for the last seventeen years, but that every Indian has the Constitutional right to follow the politics of his or her choice. But even when applications have been filed with the National Human Rights Commission in such cases, the police have pre-empted the Commission by filing charge sheets in court.

 

What is even more revealing (and distressing) is the behaviour of the media. The story of Basha’s arrest was published by most of the newspapers on June 19 based on information provided by the police. The PTI story and several others seemed to just gobble up the police version, without any independent enquiries about the person, his involvements or activities. These not just reflect badly on the independence of the media, but also talk a lot about the lack of basic journalistic integrity & ethics.

 

Earlier, during the month of April, 2010 Delhi police arrested four persons on charges of being associated with CPI Maoists - Sunil Mandiwal, Ajay Singh, Gopal Mishra, and his wife Anu Mishra. Sunil Mandiwal was an Assistant Lecturer in the Hindi Department of Delhi University, while Gopal Mishra was working for a trade union in Shahdara but was alleged to be a “commander†of the CPI Maoist. All the newspapers, which published the news of the arrests of these persons, provided detailed accounts of the charges against them and the police versions of the “criminal†activities they were allegedly involved in as members of the CPI Maoist. But none cared to follow the basic tenets of journalism in carrying the version of the accused or the arrested persons. When Mandiwal was subsequently released as the police could not find any evidence against him, the newspapers did not bother to talk to him and report what he had to say about his arrest and the “investigation†that the police carried out. 

 

On April 11, media analyst Partho Roy read in The Sunday Times of India, a special article by its investigative reporter which carried details of how the Maoists raised huge amounts of money, nearly Rs 1,500 crore, through extortion, selling drugs, ransom, and robbery. On the same day he read the same article in a Bengali newspaper Ekdin that also claimed that it was written by its staff correspondent. The article also appeared on April 11 in Asian Age under the name of a well known correspondent. And it further appeared in “Central Chronicleâ€, an internet news portal from Madhya Pradesh, but this time it was attributed to agencies. Such a rare instance of cooperation between newspapers raised the interesting question of who did the “investigationâ€. The cat was let out of the bag by the Mumbai Mirror when it published the same news report on the same day but attributed it to Intelligence Agencies. 

 

We all know that Operation “Green Hunt†is on. According to the Home Ministry a 70,000 strong force is being raised to smash the Maoists. The United “Progressive†Alliance government has sanctioned Rs 14,000 crore for buying arms for this new counter insurgency force. The votaries of Neo-conservatism who are in power have clearly declared that they believe in “economic growth†at the cost of all those people who oppose the massive plans of industrialisation in the central Indian forests, or the acquisition of immense tracts in the plains for Special Economic Zones, or the conversion of middling Indian towns into “world class†cities, or the channelling of snow-fed rivers of the north into tunnels to meet the hunger for “powerâ€.  

 

It is within this context where capitalist development considers the working people to be redundant, and the defenders of human rights as impediments to progress, that we need to view the arrest and prosecution of activists like Shakeel Basha. It is also within this context that we stand by such individuals to reclaim the democratic space, to restore the Republic to the People, and to challenge the neo-Goebbelsian trend in which the media has become the embedded hand-maiden of those who ruthlessly use power against the people. We declare that we shall not let this neo-Emergency pass.

 

And finally, we need to ask ourselves especially when we are on the eve of emergency day, 26th June, thirty five years later, whether we are going to surrender our Constitutional rights of dissenting and holding and expressing views, to the police state that India is becoming.

 

Endorsed BY: Haq, ANHAD, Aman Biradari, Peace, Insaf, Delhi Solidarity Group, National Alliance of People’s Movements – NAPM Delhi, National Forum of Forest People & Forest Workers, (NFFPFW) Hazard Centre, South Asia Forum for Human Rights (SAFHR), Human Rights Law Network (HRLN), New Trade Union Initiative (NTUI), Shahri Adhikar Manch, The Other Media, Saheli, IGSSS, Update Collective, Campaign for Judicial Accountability & Reforms, People’s Union for Civil Liberties (PUCL) and other concerned groups and individuals

 




--
Peace Is Doable

 

 





--
Feroze Mithiborwala


#8229 From: "B.K.Passi" <b_k_passi@...>
Date: Thu Jul 1, 2010 2:54 pm
Subject: Re: [Arkitect India] The future of 200 million Children
b_k_passi
Send Email Send Email
 

Dear friends

 

i find it difficult to find right answers ---- some random thoughts in favor of plurality and decentralization

 

1= i hope and believe that Sarvodya Model for identifying management issues and for creating local solutions [not finding solutions] to the locally identified problems will work-- solutions should evolve through acceptable group  dynamics

2= withdraw all the current uniform rules of bureaucracy

3= must introduce diversity / flexibility in management by and from parents

4= flexible procedures may be tried out but these must be based on local unanimity of decision making

5= on-going inclusive involvement of all parents alone is a must in all matters of schools [private or govt]

6= bring back autonomy like that of gurukul system, and have in teachers let our must country mature toward that goal

7= give reasonable financial advances  to parents body [gram sabhahs, mohalla sabhahs]

 

Dr. B.K.Passi


From: ashok rao <kashokrao@...>
To: arkitectindia@yahoogroups.com
Sent: Sat, June 26, 2010 6:34:06 AM
Subject: Re: [Arkitect India] The future of 200 million Children

 


Forty six percent of Indian children are suffering from Malnurtition (with Anemic mothers adding to that total) India is the worst and other third world countries are not better. And so the Third World is going to become nations of Morons. 

Global Alliance In Nurtition (GAIN) is an alliance of the largest multinationals in the food processing business such as Coca Cola, MARS, BASF, Fortitech, Unilever, Pepsico, Cargil etc. They have a business interest in ensuring that the largest public nutrition programme in the world is taken over by factory made products.

Like every other misery of the Third World, child malnutrition is seen as a market by the MNC.We are fighting to use this misfortune as an opportunity to create women's employment with the slogan - let the women feed their children"

The other concern is that with such rich heritage and local idiom we look to Maria Montessori and Reggio Emilia for our so called play schools/Kinder Garden. Even the Andhra Government's primer for the Anganwadi want English Nursery rhymes to be taught This demand on bilingual ability from to a child below six years of age. 

Those interested in the above issues could contact me kashokrao@gmail. com

Ashok Rao







On 25 June 2010 12:38, Pankaj Jain <pjain2002@yahoo. com> wrote:
 

Dear All,

India has around 230 million children currently in age group 6-16. In the next decade, all these would cross 16 years of age, and reach a stage where more formal education is practically impossible.

Of these, around 30 million would get a chance to study in reasonable to good to excellent quality schools, some in a few good Govt. schools, but mostly private fee charging schools, including those for upper income and elite groups.

Remaining 200 odd million, if ASER and other such official and non-official reports are correct, would receive very poor quality education in the bulk of average government schools or low cost private schools. With RTE provisions and criterion coming in force, it would not be legally feasible for low cost private schools to exist as recognized schools, so the bulk of responsibility of educating these 200 million children will be of Government Schools.

Most of us know, and agree, that average quality of education in most Government Schools is very bad, which means that 200 million of today's children will become adult without receiving a minimum quality school education, which will not only keep them poor and under-developed, but also lead to poor development of the country.

The only solution is to significantly improve the quality of Government schools, with 3-5 years.

I request and invite forum readers to give no more than 5 suggestions that would improve the quality of education in a time bound 3-5 years, so the improvements in learning levels of children can be measured in  concrete manner, by ASER or NCERT studies.

I hope this exercise of sifting through various actionable ideas would not only show a way to move forward, it will also make "Improvements in Govt. Schools within 3-5 years', a declared and formal policy agenda of the Government.

Pankaj Jain


Pankaj
 




#8230 From: ramesh patnaik <drameshptk@...>
Date: Thu Jul 1, 2010 5:42 pm
Subject: Re: [Arkitect India] The future of 200 million Children
drameshptk@...
Send Email Send Email
 
Dear Pankaj
let all goernment schools be developed to the comparable level of central schools.
 
ramesh patnaik

 
On 6/25/10, Pankaj Jain <pjain2002@...> wrote:
 

Dear All,

India has around 230 million children currently in age group 6-16. In the next decade, all these would cross 16 years of age, and reach a stage where more formal education is practically impossible.

Of these, around 30 million would get a chance to study in reasonable to good to excellent quality schools, some in a few good Govt. schools, but mostly private fee charging schools, including those for upper income and elite groups.

Remaining 200 odd million, if ASER and other such official and non-official reports are correct, would receive very poor quality education in the bulk of average government schools or low cost private schools. With RTE provisions and criterion coming in force, it would not be legally feasible for low cost private schools to exist as recognized schools, so the bulk of responsibility of educating these 200 million children will be of Government Schools.

Most of us know, and agree, that average quality of education in most Government Schools is very bad, which means that 200 million of today's children will become adult without receiving a minimum quality school education, which will not only keep them poor and under-developed, but also lead to poor development of the country.

The only solution is to significantly improve the quality of Government schools, with 3-5 years.

I request and invite forum readers to give no more than 5 suggestions that would improve the quality of education in a time bound 3-5 years, so the improvements in learning levels of children can be measured in  concrete manner, by ASER or NCERT studies.

I hope this exercise of sifting through various actionable ideas would not only show a way to move forward, it will also make "Improvements in Govt. Schools within 3-5 years', a declared and formal policy agenda of the Government.

Pankaj Jain


Pankaj
 
 



#8231 From: "SADANAND PATWARDHAN" <2Sadanand@...>
Date: Thu Jul 1, 2010 1:04 pm
Subject: Public Cause Research Foundation (PCRF) Reveals intense lobbying and complete arbitrariness in empaneling of Information Commissioners
sadanandpatw...
Send Email Send Email
 

Or How do we get our Information Commissioners?

 

Sadanand

 

From: rti-times-owner@... [mailto:rti-times-owner@...] On Behalf Of Milap Choraria
Sent: 01 July 2010 15:43
To: rti-times@...
Subject: [rti-times] Press Release issued by the Public Cause Research Foundation (PCRF) based on the Documents obtained under RTI reveal intense lobbying and complete arbitrariness in appointment of Information Commissioners

 

Dear All,

 

Pls find a very interesting press release on the intense lobbying that takes place behind appointment of Information Commissioners. We had filed several RTIs with the DoPT and PMO, which revel who lobied for whom in the past. Surprisingly, the names that were recomended and the names that were finally put up to the selection committee were entirely different! The details are there in the release. This poses a serious question on the appointment process of Information commissioners.

 

PS: This mail is for wide circulation.

 

Regards,

Aswathi Muralidharan

Ph: 9891148748

Public Cause Research Foundation
(A Parivartan Initiative)
A-119, Kaushambi
Ghaziabad (U.P.)

Dated: 30th June 2010

 

Press Release

 

22 Information Commissioners from across the country will retire in the next few months. Out of them, 11 are Chief Information Commissioners.

 

So many posts will fall vacant. What should be the process of their appointment? The law is silent on that. Barring prescribing the composition of a selection committee (consisting of PM, Leader of Opposition and one Cabinet Minister), the law does not lay down the procedure that this committee should follow to invite names and process them.

 

Documents obtained under RTI from DOPT and PMO reveal how intense lobbying takes place before every appointment to the posts of Central Information Commissioners.

 

Ravi Shankar Singh is a journalist with The Tribune. His name was recommended by none other than Bhupinder Singh Hooda, Chief Minister of Haryana himself through a personal letter written to the Prime Minister. Hooda writes – “He is well known to me for the last more than twenty years. … I would be highly obliged if you kindly consider his name for the post of Deputy Information Commission in the Central Information Commission.â€

 

Ravi Shankar’s name was also recommended by Kumari Selja, Minister of State and two MPs namely Naveen Jindal and Dr Karan Singh.

 

Likewise, 7 MPs recommended the name of Dr Krishna Kabir Anthony.

 

Interestingly, neither Ravi Shankar nor Dr Anthony’s names were even put up to the selection committee, which comprises of Prime Minsiter, Leader of Opposition and a Cabinet Minister.

 

Before every set of appointments, the word spreads around. Several people either apply themselves or are recommended by others. Recommendations are found to have been made by very influential people including Chief Ministers, Cabinet Ministers, MPs, Supreme Court Bar Council etc.

 

The names for selection are put up to selection committee through an agenda note. The agenda note is prepared by DOPT. However, none of these recommendations or applications was ever put up to the selection committee.

 

Interestingly, the names which made it to agenda note and who were finally selected, never applied nor were they ever recommended by anyone, according to records provided by DOPT and PMO.

 

For instance, in August 2008, the selection committee cleared the names of four people in its meeting on 27th August 2008, namely Annapurna Dixit, M L Sharma, S N Mishra and Shailesh Gandhi. Before this meeting, the following applications/recommendations were received by the PMO and DOPT:

 

·         President of Bar Council of India recommended the name of Sudhanshu Ranjan (a journalist) to the Prime Minister and DOPT.

·         7 MPs names, Nakul Das Rai (MP), Shivanand Tiwari (MP), Sukhdeo Paswan (MP), Rajniti Prasad (MP), Ganesh Prasad Singh (MP), Lalhming Lian (MP) and Alok Kumar Mehta (MP) recommended the name of Dr Krishna Kabir Anthony.

·         Bhupinder Singh Hooda, CM Haryana,  Naveen Jindal (MP), Dr Karan Singh (MP) and Kumari Selja, MOS recommended the name of Ravi Shankar Singh, a journalist

 

However, the agenda note prepared by DOPT did not contain any of the above names. The agenda note was prepared by S K Sarkar, the then Joint Secretary in DOPT. He included the name of his own boss S N Mishra (the then DOPT Secretary), and the names of Mrs Annapurna Dixit, Ashok K Mohapatra, R B Shreekumar, M L Sharma and Shailesh Gandhi. Whereas Shailesh Gandhi’s name was proposed by several RTI activists through an open letter to the Government, but where did other names come from? According to records, none of them applied for these posts, nor were their names recommended by anyone. This means that something is happening outside the files. Who called up these people and asked them for their CVs? Why were only these people contacted?

 

Several questions arise. Firstly, how were the people like Ravi Shankar Singh, Sudhanshu Ranjan and Dr Krishna Kabir Anthony found unfit and not even put up to selection committee? Who did their assessment and on what basis? Who decided that these names should not be put up to the selection committee?

 

The agenda note is prepared by DOPT. Obviously someone in DOPT decided to reject these names. Does DOPT have these powers under RTI Act to reject names? No. DOPT merely acts as secretariat to the selection committee. It neither has the powers to reject anyone nor select anyone.

 

Next question is - how did the bio-datas of S N Mishra, Annapurna Dixit, Ashok Mohapatra, R B Shreekumar and M L Sharma make it to the file? How did these names make it to agenda note? How was it decided to include these names and not others?

 

It is surprising that the names recommended by MPs, Chief Ministers and Cabinet Ministers are not even put up to the selection committee. But some other names make it to agenda note.

 

Interestingly, S N Mishra was the then DOPT Secretary. All this was happening under his nose. He shamelessly includes his own name in the agenda note and excludes those of others.

 

It appears that the DOPT has become de-facto selection committee and selection committee provided in the law has been reduced to an endorsement committee. The selection committee merely endorses the names put up to it.

 

In its first meeting on 5th October 2005, 5 names were put up to selection committee and it cleared all the five names. In its next meeting on 27th August 2008, six names were put up and it cleared four of them. In the next meeting on 6th April 2009, only one name was put up and the same was cleared. In the meeting on 25th August 2009, four names were put up and it selected two of them. DOPT, by rejecting all names and presenting a very short list of names, creates a situation of fait accompli for the selection committee, wherein the committee almost endorses what is presented to them.

 

For instance, Omita Paul, who is known to be quite close to Pranab Mukherjee and has worked with him for many years, was working as Advisor to him before last Parliamentary elections. After the announcement of elections, the selection committee met specially on 6.4.09 to clear her name for the post of Information Commissioner. Only one name was presented to the selection committee and the committee cleared that name.

 

Interestingly, this was done in violation of model code of conduct. Though the Joint Secretary, in his notings, warned his seniors that model code of conduct was in operation and permission from Election Commission would be required, however, the permission was never sought. One wonders what was the hurry for appointing her? Omita joined on 13th May. Interestingly, as soon as UPA came to power, Omita resigned within a month on 26th June and went back and joined Pranab Mukherjee again.

 

What emerges from all this is that DOPT has become de facto selection or rejection committee. It rejects the names of all those who either apply or are recommended by others. It then prepares its own list of names (sources of which are unknown) and includes in this list, the names of its own bosses. The selection committee provided in RTI Act has been reduced to an endorsement committee of DOPT.

 

What does the law say? The law prescribes a selection committee consisting of the PM, Leader of Opposition and one Cabinet Minister. Then it says that the incumbent should be a person of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance. He should not be a Member of Parliament or Member of any Legislature or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.

 

The law does not provide for any procedure how nominations would be invited and how would they be processed. DOPT had a duty to make rules under section 27 of RTI Act to lay down procedures. However, DOPT has not made any rules so far.

Selection Committee meeting on 5th Oct 2005:

 

Who applied?

 

  1. G C Srivastava, IAS (Retd) – he applied himself.
  2. Shri Lakshmi Chand, IAS (Retd) - – he applied himself.
  3. Shri R Ganesan, (IPoS:69), Secy & DG, Chairman, Postal Service Board, Department of Posts – he applied himself.
  4. Shri G Mohal Kumar, (IPoS:69), Member (Personnel), Postal Service Board, Deptt of Posts – he applied himself.
  5. Shri P R Devi Prasad (IES:82) – he applied himself.
  6. Shri K Jaikumar, Dir (IT) in D/o AR&PG no specific post mentioned – he applied himself.
  7. Rameshbhai’s name recommended by Nirmala Deshpande, MP to the PM
  8. Smt Neena Ranjan, Secy, Ministry of Culture – she applied herself.
  9. Prof Akhtarul Wasey (Dean, Jamia Milia Islamia)
  10. Pradeep Kumar Balmuchu (trade union leader from Jharkhand)
  11. Nripendra Mishra
  12. Mohan Kanda (Chief Secretary to Government of AP)
  13. Dinesh Chandra Gupta (former Finance Secretary)
  14. Prof Dr B K Chandrashekhar (former Education Minister, Karnataka)
  15. Akhtar Majeed (Dean, Hamdard University )

 

Names which were put up to the selection committee through agenda note:

 

(None of the above names were put up)

 

  1. Wajahat Habibullah
  2. Dr O P Kejariwal
  3. A N Tiwari
  4. Prof M M Ansari
  5. Padma Balasubramanian

 

Names selected by Selection committee:

 

All the above five names were selected.

Selection Committee meeting on 27th August 2008:

 

Who applied?

 

  1. Sudhanshu Ranjan (a journalist) recommended by the President of Bar Council of India to PM and DOPT
  2. Dr Krishna Kabir Anthony recommended by Nakul Das Rai (MP), Shivanand Tiwari (MP), Sukhdeo Paswan (MP), Rajniti Prasad (MP), Ganesh Prasad Singh (MP), Lalhming Lian (MP) and Alok Kumar Mehta (MP)
  3. Ravi Shankar Singh (a journalist with The Tribune) recommended by Sh Bhupinder Singh Hooda , CM Haryana; Naveen Jindal (MP); Dr Karan Singh (MP) and Kumari Selja, MOS

 

Names which were put up to the selection committee through agenda note:

 

(None of the above names were put up)

 

  1. Mrs Annapurna Dixit
  2. Ashok K Mohapatra
  3. R B Shreekumar
  4. M L Sharma
  5. Shailesh Gandhi
  6. S N Mishra

 

Names selected by Selection committee:

 

1.  Shailesh Gandhi

2.  S N Mishra

3.  Annapurna Dixit

4.  M L Sharma

 

 

 

Selection Committee meeting on 6th April 2009:

 

Who applied?

 

Meeting held suddenly. No one came to know about it. No names found on the file.

 

Names which were put up to the selection committee through agenda note:

 

  1. Omita Paul

 

Names selected by Selection committee:

 

  1. Omita Paul


Selection Committee meeting on 25th August 2009:

 

Who applied?

 

  1. Smt Sushma Singh, Secretary (I&B) recommended by her own Minister Anand Sharma, MOS (External Affairs and I&B) to the PM.
  2. Dr C V Ananda Bose recommended by Vayalar Ravi, Minister for Overseas Indian Affairs.
  3. Saroj Bala, Member (R), CBDT directly applies herself.
  4. Mr Choubey recommended by M Veerappa Moily. Mr Moily also writes to Mrs Sonia Gandhi.
  5. Adm Pradeep Kaushiva recommended by Wajahat Habibullah
  6. Lt Gen Mahajan recommended by Wajahat Habibullah
  7. Amitav Tripathi recommended by Wajahat Habibullah
  8. Neelam Deo recommended by Wajahat Habibullah
  9. Maja Daruwala recommended by Wajahat Habibullah
  10. Krishan M Sahni recommended by Wajahat Habibullah
  11. Chitra Chopra recommended by Wajahat Habibullah
  12. Suman Dubey recommended by Wajahat Habibullah
  13. Ishtiaq Hussain recommended by Wajahat Habibullah
  14. Sudhanshu Ranjan, a journalist recommended by Sadanand Singh, former Chairperson, Bihar Legislative Assembly. He writes both to Mrs Sonia Gandhi and to the PM.

 

Names which were put up to the selection committee through agenda note:

 

(Only Sushma Singh’s name was picked up from the above list. Why only Sushma Singh?)

 

  1. Deepak Sandhu
  2. Sushma Singh
  3. Mahendra Kumavat
  4. R P Agarwal

 

Names selected by Selection committee:

 

  1. Deepak Sandhu
  2. Sushma Singh

 

 

TRUTH SHALL ALWAYS PREVAIL
Milap Choraria  Editor: Suchna Ka Adhikar / RTI TIMES
National Convenor : Movement for Accountability to Public (MAP)
http://milapchoraria.tripod.com/msp

 

I am receiving several messages regarding on this issue. There is a need to evolve an mechanism to deal with these powerful. I have similar experinces. I can share some such experinces, in my subsequent emails.  

Times of India, Page :17 (Delhi Edition)

Activist faces brunt of steel magnate's fury

The corrupt are brilliantly networked. You threaten one and twenty others begin harassing you... Even in Courts that happens

 

 

Read article from Bombay Times by Pritish Nandy


Forwarded by Shri I K Chhugani, Mumbai. 

 


#8232 From: Sukla Sen <sukla.sen@...>
Date: Thu Jul 1, 2010 5:53 pm
Subject: Submission to the Parliamentary Standing Committee on Science & Technology, Environment & Forests on 'Civil Liability for Nuclear Damage Bill 2010'
suklasen
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Dear Friend(s),

The Parliamentary Standing Committee which is now examining the 'Civil Liability for Nuclear Damage Bill 2010' has, through a public notification, asked for comments from the public on the Bill by July 9 to be sent to: <rsc-st@...>.

Reproduced below is a model letter.

May like to directly mail the same, or on similar lines, with your name(s) and address, and date, indicated at the end to: <rsc-st@...>.

Sukla

To

Dr. T. Subbarami Reddy,

The Chairman,

Parliamentary Standing Committee on Science & Technology, Environment & Forests,

New Delhi

 

Sub: Submission on 'Civil Liability for Nuclear Damage Bill 2010'

Ref.: Public Notification dated June 24 2010 (Re.: <http://164.100.47.5/newcommittee/press_release/press/Committee%20on%20S%20and%20T,%20Env.%20and%20Forests/PRESS%20Release_English_.pdf>)

Sir,

 

Pursuant to your public notification inviting comments from the members of the general public, the following submission is made.

The submission is divided into two parts: one, the background/explanatory notes/comments; two, updated list of specific suggestions.

 

I. Background Note.

The defining features of the Bill, to our understanding, are as under:

 

One, it is an attempt to enact a law defining and tackling civil liability for nuclear damage, which does not obtain as of now, to facilitate participation of foreign players in Indian nuclear market.

 

Two, the Bill is also a move towards joining the Convention on Supplementary Compensation (CSC) regime by enacting a law in alignment with that.

 

Three, the Bill is a stepping stone to ensure entry of private players, whether foreign or indigenous, as "operators", as had been demanded by the FICCI in its June 2009 Report.

But the Bill proposes to go way beyond the CSC framework to roll out a red carpet for the prospective private players to assume the mantle of "operator".

 

Our major concerns, in brief, are as under:

 

A. The entry of private players as "operators" is too dangerous given the unique nature of nuclear power industry and its catastrophic potentials, as chillingly illustrated by the Chernobyl Disaster on April 26 1986. The fact is that profit maximisation is the very raison d'etre of a private enterprise giving rise to the consequent innate tendency to cut corners in terms of safety measures. Regulatory mechanisms can at best only “regulate”. Hence, the envisaged ushering in of private players as “operators” of nuclear power plants is an open invitation to disaster.

What is of great relevance here is that the CSC framework in no way obliges the country to open doors to private players, foreign or indigenous, as “operators” of nuclear power plants.

 

B. There must not be any overall "cap" on the quantum of compensation to potential victims. That is too unjust and inhumane. It has to relate to the actual damages caused. The overall “cap” of 300 million SDR, which works out to about 460 million US$, is even lower than the compensation amount of US$ 470 million ratified by the Indian Supreme Court to the victims of Bhopal Gas Disaster way back in 1989.

The CSC, again, does NOT so obligate. It actually allows for a three-tier compensation regime. Up to a limit, or “cap”, of 300 million SDR, in the first tier, to be paid by the “operator” or the national government, as per the law of the land. Then another tier, to a further 300 million SDR or so to be drawn from the common pool of funds maintained by the CSC. And then the national government may, at its own option, pay even beyond the upper limit of this second tier limit without any “cap” whatever.

 

C. The Bill pegs the “liability” of the private “operator” at Rs. 500 crore per incident, with the further proviso to lower it down to even paltrier Rs. 100 crore. And the state, i.e. the Indian taxpayers/citizens, will have to pay, in case of an accident in a privately operated nuclear power plant, the amount of “liability”, i.e. compensations for damages, exceeding the “cap” for a private "operator" subject to the overall limit of 300 million SDR. 

Even in this case, The CSC does NOT obligate to peg the "cap" for the "liability" of any "operator" any lower than 300 million SDR, which amounts to around Rs. 2,100 crore or 460 million US$. And while the CSC obligates that there must be a cap of 300 million SDR, it does not envisage any overall cap on the compensation to be made available to the victims by a member nation.

This is evidently a brazen attempt to favour private enterprises at the cost of Indian citizens. And a lower “cap” for a private “operator” would only further strengthen its intrinsic propensity to cut corners in the realm of “safety”, with nightmarish prospects.

II. Specific Suggestions (Updated – based on oral presentation on 24 06 2010)

 

Contentious Clauses

Draft Bill Provides

Suggestion/Amendment

Explanation/Comment

1.

Atomic Energy Regulatory Board to notify incident

 

(Chapter II, Cl. 3)

 

 

 

Any private citizen, or group, will have the right to draw the attention of the AERB to an alleged “incident’ in case it is not notified by the AERB suo moto. The AERB shall duly examine and respond to such request.

The AERB must be made autonomous of the DAE. Its functioning must be monitored by an independent experts’ body.

 

2.

Channelising the liability to “operator”.

 

(Chapter II, Cl. 4 (1))

 

 

The operator for the nuclear installation shall be liable for nuclear damage …

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To be further added:

The operator shall deposit a sum of 300 million SDR in an escrow account for each nuclear reactor to be operated before start of operation.

This is a welcome provision as otherwise there would be no pre-designated (singular) source from which the compensations for the victims to be obtained. And the whole process could turn utterly cumbersome and lengthy.

However, there must be adequate provisions for the operator to claim compensations, in turn, from the supplier/designer/consultant etc., as the case may be, without diluting its liability to the victims.

 

This will eliminate much of possible complications in the event of an “incident”.

 

3.

Exceptions to the operator as regards liability

 

(Chapter II, Cl. 5(1) i & ii)

 

 

 

“grave natural disaster …”

 

 

 

 

 

 

 

The list of exceptions, under Cl. 5(1) (ii), includes “terrorism”.

 

 

 

 

To be dropped in entirety.

 

 

 

 

 

 

To drop “terrorism” from the list.

 

 

 

 

 

 

 

The corresponding CSC clause - Annex, Article 3, 5. b. - provides that national law may have provision to drop such circumstances from the list of exceptions.

 

It does not figure in the corresponding CSC clause: Annex, Article 3, 5. a.

 

The concept of “strict liability” being the foundational concept, such exceptions, and consequent transfer of liability for damage under such circumstances to the “Central Government”, and thereby to the Indian taxpayers, in case of a private operator, is wholly undesirable and unjustified.

 

4.

A.

The total cap on liability

 

(Chapter II, Cl. 6(1)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

B.

Limits of liability of a (private) operator

(Chapter II, Cl. 6(2) and 7(a) and (c))

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C.

Cl. 6. (2), para 4

 

 

The maximum amount of liability in respect of each nuclear incident shall be the rupee equivalent of three hundred million Special Drawing Rights.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rs.500 crore as operator liability ceiling, with a provision for reduction to Rs. 100 crore.

The balance, if any, up to 300 million SDR to be paid by the Central Government.

 

 

 

 

 

 

 

 

Provided also … cost of proceedings.

 

 

In case of an “incident” of exceptional gravity, the cap on the liability of the Central Government shall stand withdrawn through due notification by the Claims Commission.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This provision to be dropped.

The operator is to be held liable for compensation up to 300 million SDR, as in case of the Central Government as operator under Cl. 7 (b).

 

 

 

 

 

 

 

 

Cl. 6 (2), para 2 & 3 shall be deleted, in any case.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To be amended as:

Provided also that the amount of liability as provided above is exclusive of any interest or cost of proceedings.

 

There must not be any cap on total liability.

This, by the way, does not contradict the provisions of the CSC.

 

Three hundred million SDR (equivalent to about US $ 450 million, depending on the exchange rate obtaining)  is, in any case, too paltry.

In case of Bhopal gas disaster, the compensation amount settled (to be paid by the UCC) back in 1989 was 470 million US $. That was pretty much inadequate.

In case, of oil spill in the Gulf of Mexico, the BP has committed an initial amount of US $ 20 billion. And there will be no cap. In the US, in case of a nuclear accident, the first 300 million US $ to come from the respective insurance cover, then up to US $ 10 billion from a common pool of funds maintained by the nuclear industry. Beyond that, the Federal Government, without any cap. (Ref.: P. 2/4 of ‘The Price-Anderson Act: Background Information: November 2005’ at <http://www.ans.org/pi/ps/docs/ps54-bi.pdf>.)

 

No lower limit of liability for (private) operator.

Clauses (6 & 7, in particular) to be modified accordingly.

 

The Convention for Supplementary Compensation (CSC) does not obligate the GoI to go in for such differentiated liabilities, one for private operator and another for the state affiliated operator.

 

The discretionary provision for lowering the limit any further (to Rs. 100 crore), under Cl. 6 (2), para 3, is utterly unjustified. That makes nonsense of the “cap” of Rs. 500 crore. And the whole process of determining the “cap” appears to be entirely discretionary.

5.

Claims Commission

 

(Chapter III, Cl. 9 (2))

 

 

The Claims Commission must include member(s) of the medical profession with an established track record of engaging with people’s health issues to ensure the proper assessment of the health impact of an “incident”.

 

 

6.

Operator’s “right of recourse”

(Chapter IV, Cl. 17 (a), (b) and (c))

 

 

 

 

To be added:

The contract between any and every operator and its supplier(s) (of equipment, material or services, as the case may be) must include in writing a provision to the effect that the operator shall have the right of recourse in case of an “incident” without any exception, including as regards the damage to the equipment/plant/site.

 

 

The reported move of dropping the Cl. 17 (b) is utterly objectionable, as explained above (at entry 2).

 

 

This will make the supplier all the more cautious about the quality and when the Central Govt. is the operator it will not be able to waive the right of recourse clause under the pressure of lobbying or whatever.

This evidently will benefit the Indian taxpayers in case of an “incident”.  

7. A.

Extinction of right to claim

(Chapter IV, Cl. 18)

 

 

 

 

 

B.

The right to claim compensation for any nuclear damage caused by a nuclear incident shall extinguish if such claim is not made within a period of ten years from the date of incident notified …

 

(Para 2)

Provided that where a nuclear damage is caused  …. But, in no case, it shall exceed a period of twenty years …

The limit of 10 years is too short.

To be made 30 years at least.

 

.

 

 

 

 

 

 

 

 

 

 

 

 

 

Under such circumstances, the Central Government must duly examine a claim and pay appropriate compensation by routing the case through the AERB.

This would, however, be a departure from the norms of the CSC

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

It means that in case of a damage arising out of a nuclear incident caused by some nuclear material stolen more than twenty years back, the victim will have no right to any compensation.

That is totally unacceptable.

 

8.

Exclusion of jurisdiction of civil courts

(Chapter V, Cl. 35)

 

 

 

 

 

 

 

While no civil court must have any right to intervene in the conduct of proceedings by the claims commission and ready implementation/enforcement of its award/order, much as in case of the Election Commission; there must be provision to for appeal to an appellate authority – High Court or Supreme Court, without affecting the immediate implementation/enforcement of the award/order by the claims commission.

 

Otherwise, it would be violation of natural justice.

 

 

9.

Offences and penalties (Chapter VI, Cl. 39 (1))

 

 

… shall be punishable with imprisonment for a term which may extend to five years or with fine or both.

 

 

To be amended as:

shall be punishable with imprisonment for a term which may extend to ten years, with or without fine.

 

 

The provision for penalty for not complying with the award, Cl. 36 (1) (b), for example, is too paltry.

In any case, this is only maximum.

And, the provision for imprisonment must not be substitutable by fine.

 

10.

Offences by companies (Chapter VI, Cl. 40 (1), para 2)

 

 

 

Provided that nothing contained in this sub-section shall render any such person liable to any punishment under this Act, if he proves that offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

 

 

This has to be amended as:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment under this Act, if he proves he exercised all due diligence to prevent the commission of such offence.

 

“that offence was committed without his knowledge or”: to be deleted.

This clause, in its present form, violates the principle of command responsibility and thereby would ensure that minions are punished in case of violations and senior officers go scot free.

 

11.

Immunity to Central Government and its employees

(Chapter VII, Cl. 47)

 

 

 

No suit … thereunder.

 

 

This is to be dropped in entirety.

 

 

No such immunity in operating a nuclear plant/installation is called for. Such immunity will only engender criminal negligence and worse.

12.

Power to remove difficulties

(Chapter VII, Cl. 49 (1), para 2)

 

 

 

 

Provided that no order shall be made under this section after the expiry of three years from the commencement of this Act.

 

 

 

This para is to be dropped in its entirety.

 

 

 

 

 

If the Indian Constitution needs be amended even after sixty years of coming into force, why the limit of “three years” here?

 

 

13.

General point

Compensation for environmental damage

 

 

 

Any public spirited group or citizen, apart from public bodies like Gram Sabha, panchayat, municipality etc. and affected persons, must be entitled to raise such claims.

There must be a clear provision towards that.

And, also who will receive such amount?

 

Under “Definitions” (ref. Chapter I, Cl. 2 (f) (iv), “nuclear damage” covers “impaired environment”.

It is, however, not provided who can lodge claims for “costs of measures of reinstatement” as mentioned therein.

 

 

Thanking you,

 

 


Date: .. 07 2010

 

Cc.: Members of the Standing Committee:

 

Members from the Rajya Sabha:

1. Shri S S Ahluwalia

2. Shri Rajiv Pratap Rudy

3. Shri Anil H. Lad

4. Shri Ramachandra Khuntia

5. Prof. Ram Gopal Yadav

6. Dr. Ejaz Ali

7. Dr. Barun Mukherjee

8. Shri Saman Pathak

9. Shri Jabir Husain

 

Members from the Lok Sabha:

1. Dr. Rajan Sushant

2. Shri D.V. Sadananda Gowda

3. Shri C. R. Patil

4. Smt. Kamla Devi Patle

5. Shri Yashwant Sinha

6. Shri Mansukhbhai D. Vasava

7. Kaisar Jahan

8. Shri Bibhu Prasad Tarai

9. Shri S.S. Ramasubbu

10. Shri Pradeep Tamta

11. Shri Francisco Sardinha

12. Shri Ninong Ering

13. Dr. Charan Das Mahant

14. Shri Gajendra Singh Rajukhedi

15. Shri Akhilesh Yadav

16. Dr. Ranjan Prasad Yadav

17. Shri Udyanraje Bhonsle

18. Shri Jayaram Pangi

19. Shri A. Ganeshamurthi

20. Dr. Mirza Mehboob Beg

21. Shri K.C. Singh Baba

and

Secretary to the Standing Committee, Mr. JP Sharma.



--
Peace Is Doable

#8233 From: "psn.1946" <psn.1946@...>
Date: Fri Jul 2, 2010 12:51 am
Subject: Re: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!
psn.1946@...
Send Email Send Email
 
Even the dog's puppies open their eyes within a few days of their birth. A few educated Indians fail to do this throughout their life.
 
There is no difference between our rulers and banias now. They formed a single club to safeguard their mutual interests. Mutual scratching to loot the masses.
 
RS polls [Rs polls] clearly establish this.
 
Knowing fully well the money power in the elections, the sermon that Ambani too has one vote is bogus.
 
Ours is pretty good pot bellied banias' democracy.
 
Proofs: Bhopal and Dantewada.
 
Sankara Narayanan

 
On 7/1/10, Pankaj Jain <pjain2002@...> wrote:
 

In India, Ambani has the same number of votes as a worker or a farmer. So, how do you term our's as corporate democracy? If you refer to the capacity of corporate to buy votes and opinions, you are really unreasonably contemptuous of our citizen. Also, remember that for every Anil Ambani trying to buy votes, there is his elder brother, or Ratan Tata, or Sunil Mittal, who too will compete. More important fact is that Shri Lalu Yadav, Smt. Mayavati, Shri Karuna Nidhi, Smt. Gandhi and Mr. Advani are smarter than all these competing corporate honchos, and will defeat them easily.

Ours is pretty good people's democracy.

Pankaj

 



--- On Thu, 7/1/10, Feroze Mithiborwala <feroze.moses777@...> wrote:

From: Feroze Mithiborwala <feroze.moses777@...>
Subject: Re: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!
To: arkitectindia@yahoogroups.com
Date: Thursday, July 1, 2010, 11:30 AM


 

The choice my dear is between a Corporate Democracy & a Peoples' Democracy - not a Theocracy.


 


On 30 June 2010 16:49, Pankaj Jain <pjain2002@yahoo. com> wrote:
 

Sadanand:

Thanks for a very thoughtful response.

The problem with a systems analysis is that systems are so complex that every feasible analysis means abstraction of reality through arbitrary categories, which do not and cannot correspond to reality in totality, and hence leave out some critical determinants of systems outcome. That is the reason that equally rational people using different abstraction and model of system dynamics, come to different conclusions. I am, therefore, not sure if we two will ever or easily agree on the framework of social analysis.

How then we move forward without rejecting each other? One way is to forget about analysis, and compare the recommendations for system reform/ replacement/ solutions etc. etc. Let us move from analysis to recommendations.

When it comes to desired solution, empirically I normally find liberal democracy doing better than any alternate formulation, however well the alternative was justified on the basis of elegant analysis. 

I am sure forum members would be happy to read your alternate formulation for Indian society/ nation. I am not sure, how many of us would really welcome permanently being ruled by Naxalites, or Talibans, or other kind of fundamentalists, who believe that theirs is the only solution, and alternatives must be permanently banished.

Warm regards.

Pankaj
  

 
--- On Wed, 6/30/10, SADANAND PATWARDHAN <2Sadanand@GMail. Com> wrote:
 

From: SADANAND PATWARDHAN <2Sadanand@GMail. Com>
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!
To: arkitectindia@ yahoogroups. com
 
Date: Wednesday, June 30, 2010, 2:13 PM

 
 

Pankaj -:

 

If I understand what you say, you observe that some people slide back into worse circumstances, others stay where they are, and few manage to rise above their circumstances. What differentiates these groups is presumably their abilities or lack of them. After some reflection and consideration you may add availability of opportunities, lucky circumstances, some thoughtful advance preparation, etc as necessary ingredients to the recipe of success. If I have followed you till here correctly, You are not alone in reaching such a formulation. Coming from an individualistic perspective, it not only appears rational & logical (the attributes you appreciate), but also is validated by several anecdotal examples each one of us can quote. About  35 years back Bangars, Dalmiyas, were among the top 10 business families where  as Ambanis, Murthys were not even known. Today, folks in their 20s and 30s will turn this statement on its head – Bangars who? Unfortunately, these marginal movements, whereby ‘Democracy Deficit Losers’ (DDL) move into the ranks of “Democracy Dividend Winners’ (DDW), and sometimes rise to the very top, that create the illusion that everything is fine with the “system†what needs to be fixed is the individual.

 

But if one were to document all the failures, who were similarly gifted as the successes, and only successes claim media and our attention, then I am afraid that failures far outnumber the success stories. These failures therefore have to be accounted for by only the misbehavior of our system. The Super30 from Bihar was started by Anandkumar and Abhayanand in 2002 and achieved phenomenal success in demonstrating that (capable) students from disadvantaged backgrounds are second to none (if that needed to be proved) in cracking the IIT-JEE, arguably one of the toughest tests of mental caliber of a type. It also shows that many such children ( 30 x no. of years since IITs were started until 2002) have missed out on this opportunity from the very area which provides the feeder stock for Super30, just because there was no Super30 before. But considering the size of India, A & A are just scratching the surface. At Super30 everything is free for the selected students. But then things don’t come for free, somebody is paying for it, and that is called charity.

 

While I hold people who have dedicated their lives to improve the lot of others, who are not related to them in anyway, in very high esteem, I still consider the existence of charity as a symptom of a disease.  This disease is the unjust, inequitable way in which our existing economic, political, social order functions. Such order permits concentration of riches, might, governance, knowledge, etc in the hands of few at the cost of  multitude while we have grown accustomed to see nothing wrong in this. You had sought suggestions on how best to resolve the urgency of educating millions of children in India who may in all likelihood be deprived of it. On this forum I have seen anguish at over 47% children in India being malnourished. Now what has deprived these children of a normal childhood, an opportunity to develop in full their genetic potential, an ability to become a full fledged able bodied and able minded member of the community; if not this system of ours, then what is it? The same system at the same time  - to cite just one instance – permits a loot of  over Rs. 12 billion worth of iron ore (illegally mined, illegally transported on forged permits, and illegally exported when it had already been seized by the O/o Lok Ayukta and Dept. of Forests) in a single year (2009-10) in Karnataka alone that rightfully belonged to these lost childhoods. It is not possible to tinker piecemeal with this system to improve. It needs a thorough overhaul. We need to find, discuss, debate, discard, improve, and innovate ways to achieve that and act upon them.

 

One may certainly save what is important, but before that one should know what it is.

 

Regards,

Sadanand

 

 

 

From: arkitectindia@ yahoogroups. com [mailto:arkitectind ia@yahoogroups. com] On Behalf Of Pankaj Jain


Sent: 28 June 2010 21:59
To: arkitectindia@ yahoogroups. com
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!

 

 

By being bent on saving what is important to me, and struggling to save, day in and day out, as much as the other side is bent on dispossessing me. Life battle is never won at one time, you win a little bit, and also loose a little bit, every day.

My grandfather was a petty trader who had to leave his village due to poverty, and in two generations, his grand children are all over India, and the world. Of course, many have stayed put where they were, and some have regressed too, but that is how the life is.

All those who promise haven at the end of their path are simply liars.

Pankaj


--- On Mon, 6/28/10, SADANAND PATWARDHAN <2Sadanand@GMail. Com> wrote:


From: SADANAND PATWARDHAN <2Sadanand@GMail. Com>
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!
To: arkitectindia@ yahoogroups. com
Date: Monday, June 28, 2010, 5:59 PM

 

Pankaj,

 

How do you rationally propose to improve the opposing side that is bent upon dispossessing people of their जल, जंगल और जमिन in “Public Interest†with overwhelming force?

 

Sadanand

 

From: arkitectindia@ yahoogroups. com [mailto:arkitectind ia@yahoogroups. com] On Behalf Of Pankaj Jain
Sent: 28 June 2010 08:11
To: arkitectindia@ yahoogroups. com
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!

 

 

Sadanand:

Your position is beyond rational analysis/ argument as it is essentially two para long abusive descriptor of the current system. What do you get by abusing the other side, other than political consolidation of your side behind uncompromising stance and its commitment to destruction of (not improvement in) the opposing side? A standard technique of tribal warfare?

Pankaj
 

--- On Sun, 6/27/10, SADANAND PATWARDHAN <2Sadanand@GMail. Com> wrote:


From: SADANAND PATWARDHAN <2Sadanand@GMail. Com>
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!
To: arkitectindia@ yahoogroups. com
Date: Sunday, June 27, 2010, 12:33 PM

 

The critical marker of Emergency (1975) then was, it was essentially, though not wholly,  a struggle for power within the ruling elite like the internecine wars (palace struggles) between the claimants to the kingdom. It created a hue & cry, because the rules governing such struggles were violated by one side with impunity. Of course, people’s participation was co-opted by the aggrieved parties on some pretext or the other in their counter attack. Aren’t the fuel prices raised to fund the social sector programmes for the common man as Pranab Mukehrjee said the day before? Or will not they be rolled back so that common woman is spared the burdensome inflation on her pitiful consumption basket?

 

The situation now is, even if we call it emergency, devoid of any internecine conflict as there is now unity of purpose across the ruling spectrum as to where they want the economy to go. Only differences may be about nuances of how and who gets what. The opposition now is coming from the those who were, are and may will be ruled in future, if around, and are totally opposed to the development paradigm that demands sacrifices of them and only them without any meaningful benefits. With over 35 years of managing the “ruledâ€, the rulers have gained formidable experience and have refined their skills to such sublime perfection that wars on own people can be waged with abundance while the façade democracy continues undisturbed.

 

Sadanand

 

From: arkitectindia@ yahoogroups. com [mailto:arkitectind ia@yahoogroups. com] On Behalf Of Sukla Sen
Sent: 26 June 2010 07:48
To: arkitectindia@ yahoogroups. com; concern4each@ googlegroups. com; IHRO; issueonline; indiathinkersnet; bahujan; mahajanapada; invitesplus@ yahoogroups. com; greenyouth; chhattisgarh- net; national-forum- of-india@ yahoogroups. co.in; INSAANIYATBOMBAY; ecological-democrac y; international- peace-festival; mihre
Subject: Re: [Arkitect India] “Is a new, but unannounced, Emergency creeping silently across the nation?†Environmentalists & HR Activists getting arrested!

 

 

The Emergency had a quite a few markers.

We're to first ask ourselves what are these?

 

Obviously, the most defining one is the Presidential proclamation suspending all Fundamental Rights on account of some extraordinary situation arising - caused by external threat or internal danger.

Evidently when one talks of "unannounced Emergency", the very first element - the Presidential  proclamation, is admittedly missing. But nevertheless the use of the term Emergency would denote that one is presented with the consequences of declaration of Emergency.

 

What were these consequences? What are experiences of 1975?

Thousands were put behind bars including the leading oppositional figures, quite often in undisclosed locations. No Habeas Corpus.

Media gagged. Pre-censorship in place. Even hints of criticism of the regime were much too difficult. Who tried had to either close shop or come out with blank spaces on the printed pages.

Recourse to legal actions against the regime was effectively blocked.

No protest demo/meeting/ memorandum. An all-pervasive atmosphere of fear and panic.  

Open opposition driven underground.

If 1974 railway strike was one of the highest points of anti-regime turbulence under the highly repressive regime, but without unaided by Emergency; the most, and perhaps only, visible case of opposition during the Emergency that soon followed is the Baroda Dynamite case. That, however, came to be known only when the regime could get to know before its execution and charged the accused.

 

So, under Emergency, the only option left is underground resistance. Other options are just not available. 

Otherwise, under repressive regimes, (open) mass mobilisation and protests. The larger the better.

This e-mail exchange  is evidently a part of that.

 

Sukla

 

On 25 June 2010 01:20, Kabir Arora <kabirkhan1989@ gmail.com> wrote:

 

 

 

Press Release                                                                               June 23, 2010

 

Stop the Undeclared Emergency and Witch-hunt of Social activists & Human Rights Defenders – Statement by Civil Society groups and concerned citizens

 

[Speakers at the Press Conference held at IWPC, New Delhi – Jst (Rtd) Rajendra Sachar, Kuldip Nayar (former MP and veteran journalist), Shabnam Hashmi (social activist – ANHAD), Tapan K Bose (Director, South Asia Forum for Human Rights), Indu Prakash (Member, EC - Shahri Adhikar Manch), Anil Chowdhury (INSAF), & Tanveer Afaque (Haq) ]

 

Under the garb of anti-Maoist operations and close on the heels of the Home Ministry directive, the Central and State Governments are now unleashing a witch-hunt on rights’ activists and civil society groups in India. Added to this, the fishing expedition of Gujarat police has now reached Delhi. After having arrested 13 trade unionists, forest rights activists and ordinary workers of Gujarat against the omnibus FIR number 1-37/2010 Police station Kamrej, Surat range, dated 26th of February, u/s 120 (B), 121(A), 124(A), 153 A& B of the IPC, and sec 38, 39 and 40 of the UAPA, 2004, Shakeel is the new catch, the 14th person arrested in this FIR on 17th April, 2010.

 

Abdul Shakeel Basha, for the last six years had been working with homeless and street children with organisations like Aman Biradari (2004 to 2008) and since 2009 with Haq (World Faith) & Shahari Adhikar Abhiyan. His work with Aman Biradari also took him to Gujarat several times as the work related to justice to the victims of the 2002 Gujarat genocide was carried out through the ‘Nyaya Grah’ project of Aman Biradari.

 

Other than him, the Gujarat government has recently incarcerated 13 trade unionists, forest rights activists, and ordinary workers – all demanding that the Constitutional rights of the people be restored – and all under a single omnibus FIR (number 1-37/ 2010) filed in the Kamrej Police station, Surat range, dated 26th of February, under serious charges of sedition, waging war against State, conspiracy, being members of and supporting a banned organisation. The West Bengal government has similarly prosecuted members of a Fact Finding Team; trade union leaders and human rights activists have been quietly arrested in Uttar Pradesh, Chhattisgarh, and many other States. The charges are such that all those arrested can be imprisoned for up to 3 years without bail. On the 35th anniversary of the notorious proclamation by the Indira Gandhi government, it is appropriate to ask, “Is a new, but unannounced, Emergency creeping silently across the nation?â€

 

Is the judiciary also complicit in this assault on democracy? The trend is such that courts are not questioning these framed up cases and trials that go on endlessly. Not only are charge sheets bulky with a large number of witnesses, but when the prosecution’s case appears to be weak, the police file even more charge sheets. In this it is evident that the Gujarat police is following the precedents set by their Andhra brethren in uniform. Thus the only remand paper available in the case of Avinash Kulkarni, a pioneer in implementing the Forests Rights Act in the Dangs area of Gujarat, and who was arrested through a long chain of suspects in Orissa, is one in which he stands accused of “instigating tribals to start violent agitation through CPI (ML) Janshakti Party". It should be noted that not only is CPI (ML) Janshakti an overground party which has been fighting elections for the last seventeen years, but that every Indian has the Constitutional right to follow the politics of his or her choice. But even when applications have been filed with the National Human Rights Commission in such cases, the police have pre-empted the Commission by filing charge sheets in court.

 

What is even more revealing (and distressing) is the behaviour of the media. The story of Basha’s arrest was published by most of the newspapers on June 19 based on information provided by the police. The PTI story and several others seemed to just gobble up the police version, without any independent enquiries about the person, his involvements or activities. These not just reflect badly on the independence of the media, but also talk a lot about the lack of basic journalistic integrity & ethics.

 

Earlier, during the month of April, 2010 Delhi police arrested four persons on charges of being associated with CPI Maoists - Sunil Mandiwal, Ajay Singh, Gopal Mishra, and his wife Anu Mishra. Sunil Mandiwal was an Assistant Lecturer in the Hindi Department of Delhi University, while Gopal Mishra was working for a trade union in Shahdara but was alleged to be a “commander†of the CPI Maoist. All the newspapers, which published the news of the arrests of these persons, provided detailed accounts of the charges against them and the police versions of the “criminal†activities they were allegedly involved in as members of the CPI Maoist. But none cared to follow the basic tenets of journalism in carrying the version of the accused or the arrested persons. When Mandiwal was subsequently released as the police could not find any evidence against him, the newspapers did not bother to talk to him and report what he had to say about his arrest and the “investigation†that the police carried out. 

 

On April 11, media analyst Partho Roy read in The Sunday Times of India, a special article by its investigative reporter which carried details of how the Maoists raised huge amounts of money, nearly Rs 1,500 crore, through extortion, selling drugs, ransom, and robbery. On the same day he read the same article in a Bengali newspaper Ekdin that also claimed that it was written by its staff correspondent. The article also appeared on April 11 in Asian Age under the name of a well known correspondent. And it further appeared in “Central Chronicleâ€, an internet news portal from Madhya Pradesh, but this time it was attributed to agencies. Such a rare instance of cooperation between newspapers raised the interesting question of who did the “investigationâ€. The cat was let out of the bag by the Mumbai Mirror when it published the same news report on the same day but attributed it to Intelligence Agencies. 

 

We all know that Operation “Green Hunt†is on. According to the Home Ministry a 70,000 strong force is being raised to smash the Maoists. The United “Progressive†Alliance government has sanctioned Rs 14,000 crore for buying arms for this new counter insurgency force. The votaries of Neo-conservatism who are in power have clearly declared that they believe in “economic growth†at the cost of all those people who oppose the massive plans of industrialisation in the central Indian forests, or the acquisition of immense tracts in the plains for Special Economic Zones, or the conversion of middling Indian towns into “world class†cities, or the channelling of snow-fed rivers of the north into tunnels to meet the hunger for “powerâ€.  

 

It is within this context where capitalist development considers the working people to be redundant, and the defenders of human rights as impediments to progress, that we need to view the arrest and prosecution of activists like Shakeel Basha. It is also within this context that we stand by such individuals to reclaim the democratic space, to restore the Republic to the People, and to challenge the neo-Goebbelsian trend in which the media has become the embedded hand-maiden of those who ruthlessly use power against the people. We declare that we shall not let this neo-Emergency pass.

 

And finally, we need to ask ourselves especially when we are on the eve of emergency day, 26th June, thirty five years later, whether we are going to surrender our Constitutional rights of dissenting and holding and expressing views, to the police state that India is becoming.

 

Endorsed BY: Haq, ANHAD, Aman Biradari, Peace, Insaf, Delhi Solidarity Group, National Alliance of People’s Movements – NAPM Delhi, National Forum of Forest People & Forest Workers, (NFFPFW) Hazard Centre, South Asia Forum for Human Rights (SAFHR), Human Rights Law Network (HRLN), New Trade Union Initiative (NTUI), Shahri Adhikar Manch, The Other Media, Saheli, IGSSS, Update Collective, Campaign for Judicial Accountability & Reforms, People’s Union for Civil Liberties (PUCL) and other concerned groups and individuals

 




--
Peace Is Doable

 

 





--
Feroze Mithiborwala
 



#8234 From: "psn.1946" <psn.1946@...>
Date: Fri Jul 2, 2010 12:58 am
Subject: Re: [Arkitect India] Express way to verify news!
psn.1946@...
Send Email Send Email
 
Do you really want us to believe that CPI (M) has nothing to do with arson and violence?
 
Are Maoists the class enemies to be eliminated lock stock and barrel from our land?
 
For comrades, Tatas and Salims have become proletariats and Maoists the properitariats.
 
Neo-Marxism.
 
S N
 


 
On 7/1/10, Subhashini_Ali@... <Subhashini_Ali@...> wrote:
 

Do you really believe that PCAPA has nothing to do with the Maoists??

Sent from my BlackBerry® smartphone


From: "SADANAND PATWARDHAN" <2Sadanand@...>
Date: Wed, 30 Jun 2010 11:40:01 +0530
Subject: [Arkitect India] Express way to verify news!

 
 

Everyone wants the perpetrators of the ghastly deed - the derailing of Jnaneshwari Express -  not only to be nailed in a court of law, but also to be handed down exemplary punishment for murdering over 140 innocent lives. The Bengal police have arrested People's Committee Against Police Atrocities (PCAPA) member Bapi Mahato, who they claim is the maser mind behind the heinous & gory sabotage. Investigations are still on and the police are yet to file a charge sheet. Indian Express's points person for reporting on this important investigation is Madhuparna Das. S/he posted following report dated 24th June as an update to her/his earlier reports on the investigations into this horrific crime.

S/he begins her report on a very cocksure note thus : "On May 29, a day after their act of sabotage derailed the Mumbai-bound Jnaneswari Express and killed 148 people, pro-Maoist PCAPA member Bapi Mahato organized a party in a village in Manikpara in West Bengal to celebrate the "Successful Operation". She has  "prejudged the case" on 4 counts in a single sentence; (1) Bapi Mahato is a member of PCAPA, (2) PCAPA is a pro-Maoist outfit, (3) He led the sabotage operation, and (4) He partied to celebrate it's success. Then she goes onto reproduce a conversation taped by the police in which Bapi reportedly says, "Kaaj Hoyeche to? Etai sab, Aar kichi bhavar darkar nei". These sentences in Bengali are inserted probably to impart "authentic flavour" to the report. But she is not satisfied with this authentication and adds gravitas to her story till now based on police sources (?) by looking for corroboration. And whom does she turn to for verification? Who else but to the chief of police in West Bengal, DGP Bhupinder Singh. Isn't it logical that the police version should be verified from the police themselves? After all they alone would know what is the "truth" in the story put forward by them. DGP is obliging. He not only confirms the veracity of what she has learnt from his force, but manages an expansive generalization : "Generally after every successful ambush or operation, they celebrate".

When & if the truth about the Jnaneswari derailment ultimately comes out, it may happen that the police, Bhupinder Singh and Das are eventually vindicated. But until then what should one make of this embedded journalism of courage which credulously mouths the police version without any doubts? There is luckily a precedence which may help decide the matter for the moment. On 1st October last year Indian Express put out a report in the wake of the arrest of PCAPA leader, Chhatradhar Mahato.

West Bengal police had then claimed that PCAPA leader has an insurance policy worth Rs. 10 Million, a house at Mayurbhunj in Orissa, and an ancestral home in Lalgarh. DGP Bhupinder Singh had said that they were looking for people who paid the premium on the policy. So the police had not an iota of doubt about the veracity of the story they were putting forward. Yet just 10 days later IE reported, "But we are yet to get any confirmation of Chhatradhar Mahato’s insurance policy worth Rs 1 crore and his property in Mayurbhanj. We do not have any concrete proof. He must have got the property and the policy in fake names, said state DGP Bhupindar Singh". There is a climb down but the insinuation continues. Even after nine months the WB police have still not managed to locate any of those assets allegedly possessed by Chhatradhar Mahato.

O O O O O O O



--
Posted By Sadanand to Searching Alternate Narratives at 6/29/2010 08:12:00 PM

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#8235 From: "SADANAND PATWARDHAN" <2Sadanand@...>
Date: Fri Jul 2, 2010 5:54 am
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!
sadanandpatw...
Send Email Send Email
 

One doesn’t have to buy votes, although that is also happening indirectly & directly  (In Pune Municipal Corporation elections, with votes in thousands per ward, the money spent has been in excess  of millions by candidates), and insult the voters. After the elections are over, you simply shop for whatever government policies you need and want by striking deals with our “smart†elected representatives, who know the value of money to well.

 

That is why those who rule don’t waste time by going to the voting booths, but those who have gained little by voting in last 60 years do because they still believe this time it will be different.

 

Sadanand

 

From: arkitectindia@yahoogroups.com [mailto:arkitectindia@yahoogroups.com] On Behalf Of Pankaj Jain
Sent: 01 July 2010 16:13
To: arkitectindia@yahoogroups.com
Subject: Re: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!

 

 

In India, Ambani has the same number of votes as a worker or a farmer. So, how do you term our's as corporate democracy? If you refer to the capacity of corporate to buy votes and opinions, you are really unreasonably contemptuous of our citizen. Also, remember that for every Anil Ambani trying to buy votes, there is his elder brother, or Ratan Tata, or Sunil Mittal, who too will compete. More important fact is that Shri Lalu Yadav, Smt. Mayavati, Shri Karuna Nidhi, Smt. Gandhi and Mr. Advani are smarter than all these competing corporate honchos, and will defeat them easily.

Ours is pretty good people's democracy.

Pankaj

 



--- On Thu, 7/1/10, Feroze Mithiborwala <feroze.moses777@...> wrote:


From: Feroze Mithiborwala <feroze.moses777@...>
Subject: Re: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!
To: arkitectindia@yahoogroups.com
Date: Thursday, July 1, 2010, 11:30 AM

 

The choice my dear is between a Corporate Democracy & a Peoples' Democracy - not a Theocracy.

 

 

On 30 June 2010 16:49, Pankaj Jain <pjain2002@yahoo. com> wrote:

 

Sadanand:

Thanks for a very thoughtful response.

The problem with a systems analysis is that systems are so complex that every feasible analysis means abstraction of reality through arbitrary categories, which do not and cannot correspond to reality in totality, and hence leave out some critical determinants of systems outcome. That is the reason that equally rational people using different abstraction and model of system dynamics, come to different conclusions. I am, therefore, not sure if we two will ever or easily agree on the framework of social analysis.

How then we move forward without rejecting each other? One way is to forget about analysis, and compare the recommendations for system reform/ replacement/ solutions etc. etc. Let us move from analysis to recommendations.

When it comes to desired solution, empirically I normally find liberal democracy doing better than any alternate formulation, however well the alternative was justified on the basis of elegant analysis. 

I am sure forum members would be happy to read your alternate formulation for Indian society/ nation. I am not sure, how many of us would really welcome permanently being ruled by Naxalites, or Talibans, or other kind of fundamentalists, who believe that theirs is the only solution, and alternatives must be permanently banished.

Warm regards.

Pankaj
  

--- On Wed, 6/30/10, SADANAND PATWARDHAN <2Sadanand@GMail. Com> wrote:


From: SADANAND PATWARDHAN <2Sadanand@GMail. Com>
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!
To: arkitectindia@ yahoogroups. com

Date: Wednesday, June 30, 2010, 2:13 PM

 

Pankaj -:

 

If I understand what you say, you observe that some people slide back into worse circumstances, others stay where they are, and few manage to rise above their circumstances. What differentiates these groups is presumably their abilities or lack of them. After some reflection and consideration you may add availability of opportunities, lucky circumstances, some thoughtful advance preparation, etc as necessary ingredients to the recipe of success. If I have followed you till here correctly, You are not alone in reaching such a formulation. Coming from an individualistic perspective, it not only appears rational & logical (the attributes you appreciate), but also is validated by several anecdotal examples each one of us can quote. About  35 years back Bangars, Dalmiyas, were among the top 10 business families where  as Ambanis, Murthys were not even known. Today, folks in their 20s and 30s will turn this statement on its head – Bangars who? Unfortunately, these marginal movements, whereby ‘Democracy Deficit Losers’ (DDL) move into the ranks of “Democracy Dividend Winners’ (DDW), and sometimes rise to the very top, that create the illusion that everything is fine with the “system†what needs to be fixed is the individual.

 

But if one were to document all the failures, who were similarly gifted as the successes, and only successes claim media and our attention, then I am afraid that failures far outnumber the success stories. These failures therefore have to be accounted for by only the misbehavior of our system. The Super30 from Bihar was started by Anandkumar and Abhayanand in 2002 and achieved phenomenal success in demonstrating that (capable) students from disadvantaged backgrounds are second to none (if that needed to be proved) in cracking the IIT-JEE, arguably one of the toughest tests of mental caliber of a type. It also shows that many such children ( 30 x no. of years since IITs were started until 2002) have missed out on this opportunity from the very area which provides the feeder stock for Super30, just because there was no Super30 before. But considering the size of India, A & A are just scratching the surface. At Super30 everything is free for the selected students. But then things don’t come for free, somebody is paying for it, and that is called charity.

 

While I hold people who have dedicated their lives to improve the lot of others, who are not related to them in anyway, in very high esteem, I still consider the existence of charity as a symptom of a disease.  This disease is the unjust, inequitable way in which our existing economic, political, social order functions. Such order permits concentration of riches, might, governance, knowledge, etc in the hands of few at the cost of  multitude while we have grown accustomed to see nothing wrong in this. You had sought suggestions on how best to resolve the urgency of educating millions of children in India who may in all likelihood be deprived of it. On this forum I have seen anguish at over 47% children in India being malnourished. Now what has deprived these children of a normal childhood, an opportunity to develop in full their genetic potential, an ability to become a full fledged able bodied and able minded member of the community; if not this system of ours, then what is it? The same system at the same time  - to cite just one instance – permits a loot of  over Rs. 12 billion worth of iron ore (illegally mined, illegally transported on forged permits, and illegally exported when it had already been seized by the O/o Lok Ayukta and Dept. of Forests) in a single year (2009-10) in Karnataka alone that rightfully belonged to these lost childhoods. It is not possible to tinker piecemeal with this system to improve. It needs a thorough overhaul. We need to find, discuss, debate, discard, improve, and innovate ways to achieve that and act upon them.

 

One may certainly save what is important, but before that one should know what it is.

 

Regards,

Sadanand

 

 

 

From: arkitectindia@ yahoogroups. com [mailto:arkitectind ia@yahoogroups. com] On Behalf Of Pankaj Jain


Sent: 28 June 2010 21:59
To: arkitectindia@ yahoogroups. com
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!

 

 

By being bent on saving what is important to me, and struggling to save, day in and day out, as much as the other side is bent on dispossessing me. Life battle is never won at one time, you win a little bit, and also loose a little bit, every day.

My grandfather was a petty trader who had to leave his village due to poverty, and in two generations, his grand children are all over India, and the world. Of course, many have stayed put where they were, and some have regressed too, but that is how the life is.

All those who promise haven at the end of their path are simply liars.

Pankaj


--- On Mon, 6/28/10, SADANAND PATWARDHAN <2Sadanand@GMail. Com> wrote:


From: SADANAND PATWARDHAN <2Sadanand@GMail. Com>
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!
To: arkitectindia@ yahoogroups. com
Date: Monday, June 28, 2010, 5:59 PM

 

Pankaj,

 

How do you rationally propose to improve the opposing side that is bent upon dispossessing people of their जल, जंगल और à¤œà¤®à¤¿à¤¨ in “Public Interest†with overwhelming force?

 

Sadanand

 

From: arkitectindia@ yahoogroups. com [mailto:arkitectind ia@yahoogroups. com] On Behalf Of Pankaj Jain
Sent: 28 June 2010 08:11
To: arkitectindia@ yahoogroups. com
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!

 

 

Sadanand:

Your position is beyond rational analysis/ argument as it is essentially two para long abusive descriptor of the current system. What do you get by abusing the other side, other than political consolidation of your side behind uncompromising stance and its commitment to destruction of (not improvement in) the opposing side? A standard technique of tribal warfare?

Pankaj
 

--- On Sun, 6/27/10, SADANAND PATWARDHAN <2Sadanand@GMail. Com> wrote:


From: SADANAND PATWARDHAN <2Sadanand@GMail. Com>
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!
To: arkitectindia@ yahoogroups. com
Date: Sunday, June 27, 2010, 12:33 PM

 

The critical marker of Emergency (1975) then was, it was essentially, though not wholly,  a struggle for power within the ruling elite like the internecine wars (palace struggles) between the claimants to the kingdom. It created a hue & cry, because the rules governing such struggles were violated by one side with impunity. Of course, people’s participation was co-opted by the aggrieved parties on some pretext or the other in their counter attack. Aren’t the fuel prices raised to fund the social sector programmes for the common man as Pranab Mukehrjee said the day before? Or will not they be rolled back so that common woman is spared the burdensome inflation on her pitiful consumption basket?

 

The situation now is, even if we call it emergency, devoid of any internecine conflict as there is now unity of purpose across the ruling spectrum as to where they want the economy to go. Only differences may be about nuances of how and who gets what. The opposition now is coming from the those who were, are and may will be ruled in future, if around, and are totally opposed to the development paradigm that demands sacrifices of them and only them without any meaningful benefits. With over 35 years of managing the “ruledâ€, the rulers have gained formidable experience and have refined their skills to such sublime perfection that wars on own people can be waged with abundance while the façade democracy continues undisturbed.

 

Sadanand

 

From: arkitectindia@ yahoogroups. com [mailto:arkitectind ia@yahoogroups. com] On Behalf Of Sukla Sen
Sent: 26 June 2010 07:48
To: arkitectindia@ yahoogroups. com; concern4each@ googlegroups. com; IHRO; issueonline; indiathinkersnet; bahujan; mahajanapada; invitesplus@ yahoogroups. com; greenyouth; chhattisgarh- net; national-forum- of-india@ yahoogroups. co.in; INSAANIYATBOMBAY; ecological-democrac y; international- peace-festival; mihre
Subject: Re: [Arkitect India] “Is a new, but unannounced, Emergency creeping silently across the nation?†Environmentalists & HR Activists getting arrested!

 

 

The Emergency had a quite a few markers.

We're to first ask ourselves what are these?

 

Obviously, the most defining one is the Presidential proclamation suspending all Fundamental Rights on account of some extraordinary situation arising - caused by external threat or internal danger.

Evidently when one talks of "unannounced Emergency", the very first element - the Presidential  proclamation, is admittedly missing. But nevertheless the use of the term Emergency would denote that one is presented with the consequences of declaration of Emergency.

 

What were these consequences? What are experiences of 1975?

Thousands were put behind bars including the leading oppositional figures, quite often in undisclosed locations. No Habeas Corpus.

Media gagged. Pre-censorship in place. Even hints of criticism of the regime were much too difficult. Who tried had to either close shop or come out with blank spaces on the printed pages.

Recourse to legal actions against the regime was effectively blocked.

No protest demo/meeting/ memorandum. An all-pervasive atmosphere of fear and panic.  

Open opposition driven underground.

If 1974 railway strike was one of the highest points of anti-regime turbulence under the highly repressive regime, but without unaided by Emergency; the most, and perhaps only, visible case of opposition during the Emergency that soon followed is the Baroda Dynamite case. That, however, came to be known only when the regime could get to know before its execution and charged the accused.

 

So, under Emergency, the only option left is underground resistance. Other options are just not available. 

Otherwise, under repressive regimes, (open) mass mobilisation and protests. The larger the better.

This e-mail exchange  is evidently a part of that.

 

Sukla

 

On 25 June 2010 01:20, Kabir Arora <kabirkhan1989@ gmail.com> wrote:

 

 

 

Press Release                                                                               June 23, 2010

 

Stop the Undeclared Emergency and Witch-hunt of Social activists & Human Rights Defenders – Statement by Civil Society groups and concerned citizens

 

[Speakers at the Press Conference held at IWPC, New Delhi – Jst (Rtd) Rajendra Sachar, Kuldip Nayar (former MP and veteran journalist), Shabnam Hashmi (social activist – ANHAD), Tapan K Bose (Director, South Asia Forum for Human Rights), Indu Prakash (Member, EC - Shahri Adhikar Manch), Anil Chowdhury (INSAF), & Tanveer Afaque (Haq) ]

 

Under the garb of anti-Maoist operations and close on the heels of the Home Ministry directive, the Central and State Governments are now unleashing a witch-hunt on rights’ activists and civil society groups in India. Added to this, the fishing expedition of Gujarat police has now reached Delhi. After having arrested 13 trade unionists, forest rights activists and ordinary workers of Gujarat against the omnibus FIR number 1-37/2010 Police station Kamrej, Surat range, dated 26th of February, u/s 120 (B), 121(A), 124(A), 153 A& B of the IPC, and sec 38, 39 and 40 of the UAPA, 2004, Shakeel is the new catch, the 14th person arrested in this FIR on 17th April, 2010.

 

Abdul Shakeel Basha, for the last six years had been working with homeless and street children with organisations like Aman Biradari (2004 to 2008) and since 2009 with Haq (World Faith) & Shahari Adhikar Abhiyan. His work with Aman Biradari also took him to Gujarat several times as the work related to justice to the victims of the 2002 Gujarat genocide was carried out through the ‘Nyaya Grah’ project of Aman Biradari.

 

Other than him, the Gujarat government has recently incarcerated 13 trade unionists, forest rights activists, and ordinary workers – all demanding that the Constitutional rights of the people be restored – and all under a single omnibus FIR (number 1-37/ 2010) filed in the Kamrej Police station, Surat range, dated 26th of February, under serious charges of sedition, waging war against State, conspiracy, being members of and supporting a banned organisation. The West Bengal government has similarly prosecuted members of a Fact Finding Team; trade union leaders and human rights activists have been quietly arrested in Uttar Pradesh, Chhattisgarh, and many other States. The charges are such that all those arrested can be imprisoned for up to 3 years without bail. On the 35th anniversary of the notorious proclamation by the Indira Gandhi government, it is appropriate to ask, “Is a new, but unannounced, Emergency creeping silently across the nation?â€

 

Is the judiciary also complicit in this assault on democracy? The trend is such that courts are not questioning these framed up cases and trials that go on endlessly. Not only are charge sheets bulky with a large number of witnesses, but when the prosecution’s case appears to be weak, the police file even more charge sheets. In this it is evident that the Gujarat police is following the precedents set by their Andhra brethren in uniform. Thus the only remand paper available in the case of Avinash Kulkarni, a pioneer in implementing the Forests Rights Act in the Dangs area of Gujarat, and who was arrested through a long chain of suspects in Orissa, is one in which he stands accused of “instigating tribals to start violent agitation through CPI (ML) Janshakti Party". It should be noted that not only is CPI (ML) Janshakti an overground party which has been fighting elections for the last seventeen years, but that every Indian has the Constitutional right to follow the politics of his or her choice. But even when applications have been filed with the National Human Rights Commission in such cases, the police have pre-empted the Commission by filing charge sheets in court.

 

What is even more revealing (and distressing) is the behaviour of the media. The story of Basha’s arrest was published by most of the newspapers on June 19 based on information provided by the police. The PTI story and several others seemed to just gobble up the police version, without any independent enquiries about the person, his involvements or activities. These not just reflect badly on the independence of the media, but also talk a lot about the lack of basic journalistic integrity & ethics.

 

Earlier, during the month of April, 2010 Delhi police arrested four persons on charges of being associated with CPI Maoists - Sunil Mandiwal, Ajay Singh, Gopal Mishra, and his wife Anu Mishra. Sunil Mandiwal was an Assistant Lecturer in the Hindi Department of Delhi University, while Gopal Mishra was working for a trade union in Shahdara but was alleged to be a “commander†of the CPI Maoist. All the newspapers, which published the news of the arrests of these persons, provided detailed accounts of the charges against them and the police versions of the “criminal†activities they were allegedly involved in as members of the CPI Maoist. But none cared to follow the basic tenets of journalism in carrying the version of the accused or the arrested persons. When Mandiwal was subsequently released as the police could not find any evidence against him, the newspapers did not bother to talk to him and report what he had to say about his arrest and the “investigation†that the police carried out. 

 

On April 11, media analyst Partho Roy read in The Sunday Times of India, a special article by its investigative reporter which carried details of how the Maoists raised huge amounts of money, nearly Rs 1,500 crore, through extortion, selling drugs, ransom, and robbery. On the same day he read the same article in a Bengali newspaper Ekdin that also claimed that it was written by its staff correspondent. The article also appeared on April 11 in Asian Age under the name of a well known correspondent. And it further appeared in “Central Chronicleâ€, an internet news portal from Madhya Pradesh, but this time it was attributed to agencies. Such a rare instance of cooperation between newspapers raised the interesting question of who did the “investigationâ€. The cat was let out of the bag by the Mumbai Mirror when it published the same news report on the same day but attributed it to Intelligence Agencies. 

 

We all know that Operation “Green Hunt†is on. According to the Home Ministry a 70,000 strong force is being raised to smash the Maoists. The United “Progressive†Alliance government has sanctioned Rs 14,000 crore for buying arms for this new counter insurgency force. The votaries of Neo-conservatism who are in power have clearly declared that they believe in “economic growth†at the cost of all those people who oppose the massive plans of industrialisation in the central Indian forests, or the acquisition of immense tracts in the plains for Special Economic Zones, or the conversion of middling Indian towns into “world class†cities, or the channelling of snow-fed rivers of the north into tunnels to meet the hunger for “powerâ€.  

 

It is within this context where capitalist development considers the working people to be redundant, and the defenders of human rights as impediments to progress, that we need to view the arrest and prosecution of activists like Shakeel Basha. It is also within this context that we stand by such individuals to reclaim the democratic space, to restore the Republic to the People, and to challenge the neo-Goebbelsian trend in which the media has become the embedded hand-maiden of those who ruthlessly use power against the people. We declare that we shall not let this neo-Emergency pass.

 

And finally, we need to ask ourselves especially when we are on the eve of emergency day, 26th June, thirty five years later, whether we are going to surrender our Constitutional rights of dissenting and holding and expressing views, to the police state that India is becoming.

 

Endorsed BY: Haq, ANHAD, Aman Biradari, Peace, Insaf, Delhi Solidarity Group, National Alliance of People’s Movements – NAPM Delhi, National Forum of Forest People & Forest Workers, (NFFPFW) Hazard Centre, South Asia Forum for Human Rights (SAFHR), Human Rights Law Network (HRLN), New Trade Union Initiative (NTUI), Shahri Adhikar Manch, The Other Media, Saheli, IGSSS, Update Collective, Campaign for Judicial Accountability & Reforms, People’s Union for Civil Liberties (PUCL) and other concerned groups and individuals

 




--
Peace Is Doable

 

 

 




--
Feroze Mithiborwala

 


#8236 From: "SADANAND PATWARDHAN" <2Sadanand@...>
Date: Fri Jul 2, 2010 5:07 am
Subject: New Activist Briefing Kit on Dam Standards 10 Years After the WCD
sadanandpatw...
Send Email Send Email
 

 

From: Dams and Alternatives [mailto:internationalrivers@...]
Sent: 02 July 2010 03:11
To: dams@...
Subject: New Activist Briefing Kit on Dam Standards 10 Years After the WCD

 

Apologies for cross-posting…


Dear friends and allies,

The most comprehensive guidelines for large dams that protect the rights of river-dependent communities were outlined by the World Commission on Dams (WCD) in 2000.

Ten years later, International Rivers is happy to announce a new briefing kit for activists and allies, “Protecting Rivers and Rights: The World Commission on Dams Recommendations in Action,” as part of our WCD+10 activities to move the dams debate forward. The purpose of this publication is to provide activists with concrete examples of where and how the WCD principles have been (or in some cases, failed to be) applied. The briefing kit explores six broad principles covered by the WCD, which encompass basic values of human rights and sustainable development that are essential to minimizing the negative impacts of large dams on people and the planet.

The briefing kit contains:
-    International and national laws and policies that incorporate key principles;
-    Case studies of where principles have been applied or ignored, including photographs; and
-    Quotes from industry and institutions that will hopefully provide additional fodder for your campaigns.

In answer to the question, Has the WCD been implemented since 2000? We answer: Its principles have, but we must do more and in more places.

You can download this report on our website or email me for a copy: http://www.internationalrivers.org/en/node/5593
You can view our other WCD+10 activities and join our new Dam Standards list here: http://www.internationalrivers.org/en/node/5565

Feel free to send us any questions and comments, especially with case studies and examples that you are familiar and that may not be covered in this kit. We are currently translating this publication into Spanish. If you are interested in getting this translated into other languages, or have the capacity to do so, please let us know.

Thanks for all you do.

Four our rivers and rights,
Katy Yan
International Rivers
katy@...


#8237 From: "B.K.Passi" <b_k_passi@...>
Date: Fri Jul 2, 2010 6:33 am
Subject: Re: [Arkitect India] Fwd:The future of 200 million Children
b_k_passi
Send Email Send Email
 
this is the most importatn and fundamental suggestion [ i agree with it totally]

Class 1 should be dedicated to teaching children their mother tongue.[through mother tongue]

B.K.Passi

 




From: Shaheen Ansari <ansarishaheen@...>
To: arkitectindia <arkitectindia@yahoogroups.com>
Sent: Thu, July 1, 2010 11:51:48 AM
Subject: [Arkitect India] Fwd:The future of 200 million Children

 

FYI


From: Leena Prasad [mailto:leenadivansh@ gmail.com]
Sent: Wednesday, June 30, 2010 08:22
To: Shaheen Ansari
Subject: Fwd: The future of 200 million Children

will you post this on your group in response to a mail asking for suggestions on RTE  - and may be add our volunteer Archana on it as well - 

---------- Forwarded message ----------
From: ARCHANA RAVI <archa1982@gmail. com>
Date: Wed, Jun 30, 2010 at 7:08 PM
Subject: Re: The future of 200 million Children
To: Leena Prasad <leenadivansh@ gmail.com>

 
My suggestions are:
 
1. All teachers' vacancies should be filled as soon as possible. All contract teachers should be replaced by permanent teachers.
 
2. In schools where the student-teacher ratio is good, naturally the quality is better. Instead of having a school in every km, the rule should be a classroom for every 30 underprivileged children in the locality.
 
3. The government should set up a department in each panchayat/municipal ity that would do quarter-yearly door-to-door surveys to determine the status of children in the society. This department will identify out-of-school children and dropouts.
 
4. Class 1 should be dedicated to teaching children their mother tongue. 
 
5. The syllabus in all schools - CBSE, ICSE or state - should be unified. If members of all these boards participate in the making of the syllabus, the resultant syllabus will be good. Teachers may be used to rot learning techniques. They should be trained to do their jobs without rot learning. 
 
 
There are more things that need to be done. Hygiene, for example, is  invariably terrible in all schools. Then the training of teachers - the SET exam syllabus. I have no idea how to change anything here. But they should consult experts in education and train teachers for their job.
 
I do not have the mail id to forward this to anyone. Can you do it for me? Also, should i ask others to participate?
 
Regards
archana 
 
 
 
 
 
 
 
 
 
 
 
 
 


 
On Mon, Jun 28, 2010 at 10:38 AM, Leena Prasad <leenadivansh@ gmail.com> wrote:
Hi

Would you like to give five suggestions as requested in this mail ... Think it will be nice for you to participate in this discussion as a citizen with great exp on education of children ...

Dear All,


India has around 230 million children currently in age group 6-16. In the next decade, all these would cross 16 years of age, and reach a stage where more formal education is practically impossible.

Of these, around 30 million would get a chance to study in reasonable to good to excellent quality schools, some in a few good Govt. schools, but mostly private fee charging schools, including those for upper income and elite groups.

Remaining 200 odd million, if ASER and other such official and non-official reports are correct, would receive very poor quality education in the bulk of average government schools or low cost private schools. With RTE provisions and criterion coming in force, it would not be legally feasible for low cost private schools to exist as recognized schools, so the bulk of responsibility of educating these 200 million children will be of Government Schools.

Most of us know, and agree, that average quality of education in most Government Schools is very bad, which means that 200 million of today's children will become adult without receiving a minimum quality school education, which will not only keep them poor and under-developed, but also lead to poor development of the country.

The only solution is to significantly improve the quality of Government schools, with 3-5 years.

I request and invite forum readers to give no more than 5 suggestions that would improve the quality of education in a time bound 3-5 years, so the improvements in learning levels of children can be measured in  concrete manner, by ASER or NCERT studies.

I hope this exercise of sifting through various actionable ideas would not only show a way to move forward, it will also make "Improvements in Govt. Schools within 3-5 years', a declared and formal policy agenda of the Government.

Pankaj Jain


Pankaj
 

 





--

Cheers
Leena




--
Creativity means to push open the heavy, groaning doorway to life… This is not an easy struggle. Indeed, it may be the most difficult task in the world, for opening the door to your own life is, in the end, more difficult than opening the doors to the mysteries of the universe.
                                                             -Dr. Daisaku Ikeda



--

Cheers
Leena




--
Dr. Shaheen Ansari
Arkitect India
C - 336 - ACD / 2 Z, Budha Vihar,(Opp. JNU Gate)
Munirka,New Delhi- 110067

http://educationatd oorsteps. blogspot. com
http://groups. yahoo.com/ group/arkitectin dia/



#8238 From: "B.K.Passi" <b_k_passi@...>
Date: Fri Jul 2, 2010 6:46 am
Subject: Re: [Arkitect India] RE: How bad the situation is? Replace Liberal democracy by theocracy?
b_k_passi
Send Email Send Email
 
friends
 

i can see nice points here in questions like --- Let us suppose this 5% reaches 50% in the near future and they all move to urban centers. Will it be sustainable? Who is to invest to provide JOBS for a half a billion youngsters?

 

i am worried about the nature of our questions like [given IS / desired SHOULD]  or education for JOBS or WORK

 

B.K.Passi

 




From: psn.1946 <psn.1946@...>
To: arkitectindia@yahoogroups.com
Cc: Pankaj Jain <pjain2002@...>
Sent: Thu, July 1, 2010 9:27:41 AM
Subject: Re: [Arkitect India] RE: How bad the situation is? Replace Liberal democracy by theocracy?

 

Our educational efficiency - Hardly ten per cent of the enrolled children reach higher education now. 50% of the kids simply don't enroll. So the efficency is only 5%.

 
Let us suppose this 5% reaches 50% in the near future and they all move to urban centres. Will it be sustainable?
 
Who is to invest to provide JOBS for a half a billion youngters?
 
With a car population of 9 per 1000, our towns are getting choked. Rivers, sea, water sources, land and air are polluted by the industries and industrial agri business companies.Diseases are on the rise.
 
In this situation, if someone suggests 'urbanisation is the talisman', he needs immediate medical attention.
 
The suggested four steps smacks the age old Indian Varnashrama bias. Continuing the erected wall between work and worship.
 
Who is to feed these urban sahebs? Will they import their food?
 
Sankara Narayanan
 
On 7/1/10, Pankaj Jain <pjain2002@yahoo. com> wrote:
 

An overwhelming opinion among Indian state-system's critics is that on an average, things are really bad in India. There are a small number of winners and gainers, but a much larger number of average people, particularly marginalized are loser.s
 
There is no doubt that on so many counts, the current situation is unacceptably bad, but on the other side, you can not disregard the following also:
 
1. Since India is growing @ 6-8%, with population growth at @ 2%, and no detrioration in Gini coefficient, meaning inequities not rising, a large majority of Indians, on an average, are becoming better in terms of per capita income. 
2. At least in cities, overt and felt discrimination against socially disadvantahed groups is not overwhelming. So, if you are economically and educationally well off, the social life in cities is not oppressive.
3. Urbanization is growing at a rapid rate, meaning escape from the setting of social oppression to a considerable extent.
4. So, if the economic growth rate continues at the prsent rate ,or touches Chinese level, and urbanization rate too continues, we should, on an average, be OK.
 
Of course, these averages would still leave too many, and large, pockets of misery, but liberal democracy in India is not doing so bad that it needs replacement by a theocracy.
 
Pankaj
 
  

--- On Wed, 6/30/10, Pankaj Jain <pjain2002@yahoo. com> wrote:
 

From: Pankaj Jain <pjain2002@yahoo. com>
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!
To: arkitectindia@ yahoogroups. com
Date: Wednesday, June 30, 2010, 4:49 PM

 
Sadanand:

Thanks for a very thoughtful response.

The problem with a systems analysis is that systems are so complex that every feasible analysis means abstraction of reality through arbitrary categories, which do not and cannot correspond to reality in totality, and hence leave out some critical determinants of systems outcome. That is the reason that equally rational people using different abstraction and model of system dynamics, come to different conclusions. I am, therefore, not sure if we two will ever or easily agree on the framework of social analysis.

How then we move forward without rejecting each other? One way is to forget about analysis, and compare the recommendations for system reform/ replacement/ solutions etc. etc. Let us move from analysis to recommendations.

When it comes to desired solution, empirically I normally find liberal democracy doing better than any alternate formulation, however well the alternative was justified on the basis of elegant analysis. 

I am sure forum members would be happy to read your alternate formulation for Indian society/ nation. I am not sure, how many of us would really welcome permanently being ruled by Naxalites, or Talibans, or other kind of fundamentalists, who believe that theirs is the only solution, and alternatives must be permanently banished.

Warm regards.

Pankaj
  

--- On Wed, 6/30/10, SADANAND PATWARDHAN <2Sadanand@GMail. Com> wrote:

From: SADANAND PATWARDHAN <2Sadanand@GMail. Com>
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!
To: arkitectindia@ yahoogroups. com
Date: Wednesday, June 30, 2010, 2:13 PM

 

Pankaj -:

 

If I understand what you say, you observe that some people slide back into worse circumstances, others stay where they are, and few manage to rise above their circumstances. What differentiates these groups is presumably their abilities or lack of them. After some reflection and consideration you may add availability of opportunities, lucky circumstances, some thoughtful advance preparation, etc as necessary ingredients to the recipe of success. If I have followed you till here correctly, You are not alone in reaching such a formulation. Coming from an individualistic perspective, it not only appears rational & logical (the attributes you appreciate), but also is validated by several anecdotal examples each one of us can quote. About  35 years back Bangars, Dalmiyas, were among the top 10 business families where  as Ambanis, Murthys were not even known. Today, folks in their 20s and 30s will turn this statement on its head – Bangars who? Unfortunately, these marginal movements, whereby ‘Democracy Deficit Losers’ (DDL) move into the ranks of “Democracy Dividend Winners’ (DDW), and sometimes rise to the very top, that create the illusion that everything is fine with the “system†what needs to be fixed is the individual.

 

But if one were to document all the failures, who were similarly gifted as the successes, and only successes claim media and our attention, then I am afraid that failures far outnumber the success stories. These failures therefore have to be accounted for by only the misbehavior of our system. The Super30 from Bihar was started by Anandkumar and Abhayanand in 2002 and achieved phenomenal success in demonstrating that (capable) students from disadvantaged backgrounds are second to none (if that needed to be proved) in cracking the IIT-JEE, arguably one of the toughest tests of mental caliber of a type. It also shows that many such children ( 30 x no. of years since IITs were started until 2002) have missed out on this opportunity from the very area which provides the feeder stock for Super30, just because there was no Super30 before. But considering the size of India, A & A are just scratching the surface. At Super30 everything is free for the selected students. But then things don’t come for free, somebody is paying for it, and that is called charity.

 

While I hold people who have dedicated their lives to improve the lot of others, who are not related to them in anyway, in very high esteem, I still consider the existence of charity as a symptom of a disease.  This disease is the unjust, inequitable way in which our existing economic, political, social order functions. Such order permits concentration of riches, might, governance, knowledge, etc in the hands of few at the cost of  multitude while we have grown accustomed to see nothing wrong in this. You had sought suggestions on how best to resolve the urgency of educating millions of children in India who may in all likelihood be deprived of it. On this forum I have seen anguish at over 47% children in India being malnourished. Now what has deprived these children of a normal childhood, an opportunity to develop in full their genetic potential, an ability to become a full fledged able bodied and able minded member of the community; if not this system of ours, then what is it? The same system at the same time  - to cite just one instance – permits a loot of  over Rs. 12 billion worth of iron ore (illegally mined, illegally transported on forged permits, and illegally exported when it had already been seized by the O/o Lok Ayukta and Dept. of Forests) in a single year (2009-10) in Karnataka alone that rightfully belonged to these lost childhoods. It is not possible to tinker piecemeal with this system to improve. It needs a thorough overhaul. We need to find, discuss, debate, discard, improve, and innovate ways to achieve that and act upon them.

 

One may certainly save what is important, but before that one should know what it is.

 

Regards,

Sadanand

 

 

 

From: arkitectindia@ yahoogroups. com [mailto:arkitectind ia@yahoogroups. com] On Behalf Of Pankaj Jain
Sent: 28 June 2010 21:59
To: arkitectindia@ yahoogroups. com
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!

 

 

By being bent on saving what is important to me, and struggling to save, day in and day out, as much as the other side is bent on dispossessing me. Life battle is never won at one time, you win a little bit, and also loose a little bit, every day.

My grandfather was a petty trader who had to leave his village due to poverty, and in two generations, his grand children are all over India, and the world. Of course, many have stayed put where they were, and some have regressed too, but that is how the life is.

All those who promise haven at the end of their path are simply liars.

Pankaj


--- On Mon, 6/28/10, SADANAND PATWARDHAN <2Sadanand@GMail. Com> wrote:


From: SADANAND PATWARDHAN <2Sadanand@GMail. Com>
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!
To: arkitectindia@ yahoogroups. com
Date: Monday, June 28, 2010, 5:59 PM

 

Pankaj,

 

How do you rationally propose to improve the opposing side that is bent upon dispossessing people of their जल, जंगल और à¤œà¤®à¤¿à¤¨ in “Public Interest†with overwhelming force?

 

Sadanand

 

From: arkitectindia@ yahoogroups. com [mailto:arkitectind ia@yahoogroups. com] On Behalf Of Pankaj Jain
Sent: 28 June 2010 08:11
To: arkitectindia@ yahoogroups. com
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!

 

 

Sadanand:

Your position is beyond rational analysis/ argument as it is essentially two para long abusive descriptor of the current system. What do you get by abusing the other side, other than political consolidation of your side behind uncompromising stance and its commitment to destruction of (not improvement in) the opposing side? A standard technique of tribal warfare?

Pankaj
 

--- On Sun, 6/27/10, SADANAND PATWARDHAN <2Sadanand@GMail. Com> wrote:


From: SADANAND PATWARDHAN <2Sadanand@GMail. Com>
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!
To: arkitectindia@ yahoogroups. com
Date: Sunday, June 27, 2010, 12:33 PM

 

The critical marker of Emergency (1975) then was, it was essentially, though not wholly,  a struggle for power within the ruling elite like the internecine wars (palace struggles) between the claimants to the kingdom. It created a hue & cry, because the rules governing such struggles were violated by one side with impunity. Of course, people’s participation was co-opted by the aggrieved parties on some pretext or the other in their counter attack. Aren’t the fuel prices raised to fund the social sector programmes for the common man as Pranab Mukehrjee said the day before? Or will not they be rolled back so that common woman is spared the burdensome inflation on her pitiful consumption basket?

 

The situation now is, even if we call it emergency, devoid of any internecine conflict as there is now unity of purpose across the ruling spectrum as to where they want the economy to go. Only differences may be about nuances of how and who gets what. The opposition now is coming from the those who were, are and may will be ruled in future, if around, and are totally opposed to the development paradigm that demands sacrifices of them and only them without any meaningful benefits. With over 35 years of managing the “ruledâ€, the rulers have gained formidable experience and have refined their skills to such sublime perfection that wars on own people can be waged with abundance while the façade democracy continues undisturbed.

 

Sadanand

 

From: arkitectindia@ yahoogroups. com [mailto:arkitectind ia@yahoogroups. com] On Behalf Of Sukla Sen
Sent: 26 June 2010 07:48
To: arkitectindia@ yahoogroups. com; concern4each@ googlegroups. com; IHRO; issueonline; indiathinkersnet; bahujan; mahajanapada; invitesplus@ yahoogroups. com; greenyouth; chhattisgarh- net; national-forum- of-india@ yahoogroups. co.in; INSAANIYATBOMBAY; ecological-democrac y; international- peace-festival; mihre
Subject: Re: [Arkitect India] “Is a new, but unannounced, Emergency creeping silently across the nation?†Environmentalists & HR Activists getting arrested!

 

 

The Emergency had a quite a few markers.

We're to first ask ourselves what are these?

 

Obviously, the most defining one is the Presidential proclamation suspending all Fundamental Rights on account of some extraordinary situation arising - caused by external threat or internal danger.

Evidently when one talks of "unannounced Emergency", the very first element - the Presidential  proclamation, is admittedly missing. But nevertheless the use of the term Emergency would denote that one is presented with the consequences of declaration of Emergency.

 

What were these consequences? What are experiences of 1975?

Thousands were put behind bars including the leading oppositional figures, quite often in undisclosed locations. No Habeas Corpus.

Media gagged. Pre-censorship in place. Even hints of criticism of the regime were much too difficult. Who tried had to either close shop or come out with blank spaces on the printed pages.

Recourse to legal actions against the regime was effectively blocked.

No protest demo/meeting/ memorandum. An all-pervasive atmosphere of fear and panic.  

Open opposition driven underground.

If 1974 railway strike was one of the highest points of anti-regime turbulence under the highly repressive regime, but without unaided by Emergency; the most, and perhaps only, visible case of opposition during the Emergency that soon followed is the Baroda Dynamite case. That, however, came to be known only when the regime could get to know before its execution and charged the accused.

 

So, under Emergency, the only option left is underground resistance. Other options are just not available. 

Otherwise, under repressive regimes, (open) mass mobilisation and protests. The larger the better.

This e-mail exchange  is evidently a part of that.

 

Sukla

 

On 25 June 2010 01:20, Kabir Arora <kabirkhan1989@ gmail.com> wrote:

 

 

 

Press Release                                                                               June 23, 2010

 

Stop the Undeclared Emergency and Witch-hunt of Social activists & Human Rights Defenders – Statement by Civil Society groups and concerned citizens

 

[Speakers at the Press Conference held at IWPC, New Delhi – Jst (Rtd) Rajendra Sachar, Kuldip Nayar (former MP and veteran journalist), Shabnam Hashmi (social activist – ANHAD), Tapan K Bose (Director, South Asia Forum for Human Rights), Indu Prakash (Member, EC - Shahri Adhikar Manch), Anil Chowdhury (INSAF), & Tanveer Afaque (Haq) ]

 

Under the garb of anti-Maoist operations and close on the heels of the Home Ministry directive, the Central and State Governments are now unleashing a witch-hunt on rights’ activists and civil society groups in India. Added to this, the fishing expedition of Gujarat police has now reached Delhi. After having arrested 13 trade unionists, forest rights activists and ordinary workers of Gujarat against the omnibus FIR number 1-37/2010 Police station Kamrej, Surat range, dated 26th of February, u/s 120 (B), 121(A), 124(A), 153 A& B of the IPC, and sec 38, 39 and 40 of the UAPA, 2004, Shakeel is the new catch, the 14th person arrested in this FIR on 17th April, 2010.

 

Abdul Shakeel Basha, for the last six years had been working with homeless and street children with organisations like Aman Biradari (2004 to 2008) and since 2009 with Haq (World Faith) & Shahari Adhikar Abhiyan. His work with Aman Biradari also took him to Gujarat several times as the work related to justice to the victims of the 2002 Gujarat genocide was carried out through the ‘Nyaya Grah’ project of Aman Biradari.

 

Other than him, the Gujarat government has recently incarcerated 13 trade unionists, forest rights activists, and ordinary workers – all demanding that the Constitutional rights of the people be restored – and all under a single omnibus FIR (number 1-37/ 2010) filed in the Kamrej Police station, Surat range, dated 26th of February, under serious charges of sedition, waging war against State, conspiracy, being members of and supporting a banned organisation. The West Bengal government has similarly prosecuted members of a Fact Finding Team; trade union leaders and human rights activists have been quietly arrested in Uttar Pradesh, Chhattisgarh, and many other States. The charges are such that all those arrested can be imprisoned for up to 3 years without bail. On the 35th anniversary of the notorious proclamation by the Indira Gandhi government, it is appropriate to ask, “Is a new, but unannounced, Emergency creeping silently across the nation?â€

 

Is the judiciary also complicit in this assault on democracy? The trend is such that courts are not questioning these framed up cases and trials that go on endlessly. Not only are charge sheets bulky with a large number of witnesses, but when the prosecution’s case appears to be weak, the police file even more charge sheets. In this it is evident that the Gujarat police is following the precedents set by their Andhra brethren in uniform. Thus the only remand paper available in the case of Avinash Kulkarni, a pioneer in implementing the Forests Rights Act in the Dangs area of Gujarat, and who was arrested through a long chain of suspects in Orissa, is one in which he stands accused of “instigating tribals to start violent agitation through CPI (ML) Janshakti Party". It should be noted that not only is CPI (ML) Janshakti an overground party which has been fighting elections for the last seventeen years, but that every Indian has the Constitutional right to follow the politics of his or her choice. But even when applications have been filed with the National Human Rights Commission in such cases, the police have pre-empted the Commission by filing charge sheets in court.

 

What is even more revealing (and distressing) is the behaviour of the media. The story of Basha’s arrest was published by most of the newspapers on June 19 based on information provided by the police. The PTI story and several others seemed to just gobble up the police version, without any independent enquiries about the person, his involvements or activities. These not just reflect badly on the independence of the media, but also talk a lot about the lack of basic journalistic integrity & ethics.

 

Earlier, during the month of April, 2010 Delhi police arrested four persons on charges of being associated with CPI Maoists - Sunil Mandiwal, Ajay Singh, Gopal Mishra, and his wife Anu Mishra. Sunil Mandiwal was an Assistant Lecturer in the Hindi Department of Delhi University, while Gopal Mishra was working for a trade union in Shahdara but was alleged to be a “commander†of the CPI Maoist. All the newspapers, which published the news of the arrests of these persons, provided detailed accounts of the charges against them and the police versions of the “criminal†activities they were allegedly involved in as members of the CPI Maoist. But none cared to follow the basic tenets of journalism in carrying the version of the accused or the arrested persons. When Mandiwal was subsequently released as the police could not find any evidence against him, the newspapers did not bother to talk to him and report what he had to say about his arrest and the “investigation†that the police carried out. 

 

On April 11, media analyst Partho Roy read in The Sunday Times of India, a special article by its investigative reporter which carried details of how the Maoists raised huge amounts of money, nearly Rs 1,500 crore, through extortion, selling drugs, ransom, and robbery. On the same day he read the same article in a Bengali newspaper Ekdin that also claimed that it was written by its staff correspondent. The article also appeared on April 11 in Asian Age under the name of a well known correspondent. And it further appeared in “Central Chronicleâ€, an internet news portal from Madhya Pradesh, but this time it was attributed to agencies. Such a rare instance of cooperation between newspapers raised the interesting question of who did the “investigationâ€. The cat was let out of the bag by the Mumbai Mirror when it published the same news report on the same day but attributed it to Intelligence Agencies. 

 

We all know that Operation “Green Hunt†is on. According to the Home Ministry a 70,000 strong force is being raised to smash the Maoists. The United “Progressive†Alliance government has sanctioned Rs 14,000 crore for buying arms for this new counter insurgency force. The votaries of Neo-conservatism who are in power have clearly declared that they believe in “economic growth†at the cost of all those people who oppose the massive plans of industrialisation in the central Indian forests, or the acquisition of immense tracts in the plains for Special Economic Zones, or the conversion of middling Indian towns into “world class†cities, or the channelling of snow-fed rivers of the north into tunnels to meet the hunger for “powerâ€.  

 

It is within this context where capitalist development considers the working people to be redundant, and the defenders of human rights as impediments to progress, that we need to view the arrest and prosecution of activists like Shakeel Basha. It is also within this context that we stand by such individuals to reclaim the democratic space, to restore the Republic to the People, and to challenge the neo-Goebbelsian trend in which the media has become the embedded hand-maiden of those who ruthlessly use power against the people. We declare that we shall not let this neo-Emergency pass.

 

And finally, we need to ask ourselves especially when we are on the eve of emergency day, 26th June, thirty five years later, whether we are going to surrender our Constitutional rights of dissenting and holding and expressing views, to the police state that India is becoming.

 

Endorsed BY: Haq, ANHAD, Aman Biradari, Peace, Insaf, Delhi Solidarity Group, National Alliance of People’s Movements – NAPM Delhi, National Forum of Forest People & Forest Workers, (NFFPFW) Hazard Centre, South Asia Forum for Human Rights (SAFHR), Human Rights Law Network (HRLN), New Trade Union Initiative (NTUI), Shahri Adhikar Manch, The Other Media, Saheli, IGSSS, Update Collective, Campaign for Judicial Accountability & Reforms, People’s Union for Civil Liberties (PUCL) and other concerned groups and individuals

 




--
Peace Is Doable

 
 






#8239 From: "SADANAND PATWARDHAN" <2Sadanand@...>
Date: Fri Jul 2, 2010 11:04 am
Subject: RE: [Arkitect India] RE: How bad the situation is? Replace Liberal democracy by theocracy?
sadanandpatw...
Send Email Send Email
 

Complexity shouldn’t be a refuge for inaction nor should it daunt anyone from grasping critical issues. Neither should it mislead us into taking stock of “every feasible analysis†as not only it would be distracting & time consuming, but mostly would produce oxymoronic propositions. Since you seem to be overly exercised by Maoists, I would offer you an interesting comment by Rahul Banerjee, a refreshing thinker and a solid grassroots activist, whom I discovered on another forum.

I believe he has captured the essence of such debates very ably in simple & few words.  I can’t do better.

 

You may read full exchange here : http://groups.yahoo.com/group/chhattisgarh-net/message/15855

 

Re: Do we live in a democratic country? : A report from Jashpur

 

Rahul,

you have made an excellent case for the direction in which the real debate should move by contextualising in the praxis the debate over "which system is better". I urge all those who are seriously concerned with these issues to contemplate over your statement, and to debate & develop an alternate model of collaborative & participative communities. Additionally, hard questions need to be answered about the balance : what to sacrifice and why, what to retain and why?

This is not going to be easy. But it is better to attempt real change even if there is no guarantee of success, rather than succeed in ways where ultimately failure is guaranteed.

Sadanand.
+91 99 234 24 661

____________
--- In chhattisgarh-net@yahoogroups.com, rahul <aarohini@...> wrote:

The best is pretty bad indeed if it cannot ensure a decent livelihood for most of the population in liberal democratic countries.
It is pointless to argue whether liberal democracy or Marxism is best because both are bad as far as their implementation is concerned.
So when proponents of these ideologies castigate each other its mostly a case of the pot calling the kettle black.

Democratic practice is at its best in smaller communities and both liberal democracy and Marxism as practised have negated decentralised democracy.
The challenge therefore today is to reconcile centralisation and decentralisation so as to optimise democracy.
If we opt for anarchist and communitarian democracy then much of the good that has come from modern development will also have to be sacrificed with the bad.
If we let business go on as usual then very soon we will finish off the earth with over consumption and many other ills.
So there has to be a balance between centralisation and decentralisation, consumption, production and the social and environmental capacities.
Coming back to the debate between liberal democracy and Marxism the latter emerged as a reaction to the ills of capitalist liberal democracy.
There has been a considerable amount of give and take between the two in actual practice, whatever the theory.
 But both have remained straightjacketed in practice in the statist mode.
Consequently even in Marxist states the actual control of resources and decision making have been concentrated in the hands of a few as in liberal
democratic capitalist states.
So it would be more profitable to study and critique the similarities between the two going into the future rather than engage in inane contests as to which of them is best.

Rahul Banerjee

 

From: arkitectindia@yahoogroups.com [mailto:arkitectindia@yahoogroups.com] On Behalf Of Pankaj Jain
Sent: 01 July 2010 08:03
To: arkitectindia@yahoogroups.com
Subject: [Arkitect India] RE: How bad the situation is? Replace Liberal democracy by theocracy?

 

 

An overwhelming opinion among Indian state-system's critics is that on an average, things are really bad in India. There are a small number of winners and gainers, but a much larger number of average people, particularly marginalized are loser.s

 

There is no doubt that on so many counts, the current situation is unacceptably bad, but on the other side, you can not disregard the following also:

 

1. Since India is growing @ 6-8%, with population growth at @ 2%, and no detrioration in Gini coefficient, meaning inequities not rising, a large majority of Indians, on an average, are becoming better in terms of per capita income. 

2. At least in cities, overt and felt discrimination against socially disadvantahed groups is not overwhelming. So, if you are economically and educationally well off, the social life in cities is not oppressive.

3. Urbanization is growing at a rapid rate, meaning escape from the setting of social oppression to a considerable extent.

4. So, if the economic growth rate continues at the prsent rate ,or touches Chinese level, and urbanization rate too continues, we should, on an average, be OK.

 

Of course, these averages would still leave too many, and large, pockets of misery, but liberal democracy in India is not doing so bad that it needs replacement by a theocracy.

 

Pankaj

 

  

--- On Wed, 6/30/10, Pankaj Jain <pjain2002@...> wrote:


From: Pankaj Jain <pjain2002@...>
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!
To: arkitectindia@yahoogroups.com
Date: Wednesday, June 30, 2010, 4:49 PM

 

Sadanand:

Thanks for a very thoughtful response.

The problem with a systems analysis is that systems are so complex that every feasible analysis means abstraction of reality through arbitrary categories, which do not and cannot correspond to reality in totality, and hence leave out some critical determinants of systems outcome. That is the reason that equally rational people using different abstraction and model of system dynamics, come to different conclusions. I am, therefore, not sure if we two will ever or easily agree on the framework of social analysis.

How then we move forward without rejecting each other? One way is to forget about analysis, and compare the recommendations for system reform/ replacement/ solutions etc. etc. Let us move from analysis to recommendations.

When it comes to desired solution, empirically I normally find liberal democracy doing better than any alternate formulation, however well the alternative was justified on the basis of elegant analysis. 

I am sure forum members would be happy to read your alternate formulation for Indian society/ nation. I am not sure, how many of us would really welcome permanently being ruled by Naxalites, or Talibans, or other kind of fundamentalists, who believe that theirs is the only solution, and alternatives must be permanently banished.

Warm regards.

Pankaj
  

--- On Wed, 6/30/10, SADANAND PATWARDHAN <2Sadanand@GMail. Com> wrote:


From: SADANAND PATWARDHAN <2Sadanand@GMail. Com>
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!
To: arkitectindia@ yahoogroups. com
Date: Wednesday, June 30, 2010, 2:13 PM

 

Pankaj -:

 If I understand what you say, you observe that some people slide back into worse circumstances, others stay where they are, and few manage to rise above their circumstances. What differentiates these groups is presumably their abilities or lack of them. After some reflection and consideration you may add availability of opportunities, lucky circumstances, some thoughtful advance preparation, etc as necessary ingredients to the recipe of success. If I have followed you till here correctly, You are not alone in reaching such a formulation. Coming from an individualistic perspective, it not only appears rational & logical (the attributes you appreciate), but also is validated by several anecdotal examples each one of us can quote. About  35 years back Bangars, Dalmiyas, were among the top 10 business families where  as Ambanis, Murthys were not even known. Today, folks in their 20s and 30s will turn this statement on its head – Bangars who? Unfortunately, these marginal movements, whereby ‘Democracy Deficit Losers’ (DDL) move into the ranks of “Democracy Dividend Winners’ (DDW), and sometimes rise to the very top, that create the illusion that everything is fine with the “system†what needs to be fixed is the individual.

 But if one were to document all the failures, who were similarly gifted as the successes, and only successes claim media and our attention, then I am afraid that failures far outnumber the success stories. These failures therefore have to be accounted for by only the misbehavior of our system. The Super30 from Bihar was started by Anandkumar and Abhayanand in 2002 and achieved phenomenal success in demonstrating that (capable) students from disadvantaged backgrounds are second to none (if that needed to be proved) in cracking the IIT-JEE, arguably one of the toughest tests of mental caliber of a type. It also shows that many such children ( 30 x no. of years since IITs were started until 2002) have missed out on this opportunity from the very area which provides the feeder stock for Super30, just because there was no Super30 before. But considering the size of India, A & A are just scratching the surface. At Super30 everything is free for the selected students. But then things don’t come for free, somebody is paying for it, and that is called charity.

 While I hold people who have dedicated their lives to improve the lot of others, who are not related to them in anyway, in very high esteem, I still consider the existence of charity as a symptom of a disease.  This disease is the unjust, inequitable way in which our existing economic, political, social order functions. Such order permits concentration of riches, might, governance, knowledge, etc in the hands of few at the cost of  multitude while we have grown accustomed to see nothing wrong in this. You had sought suggestions on how best to resolve the urgency of educating millions of children in India who may in all likelihood be deprived of it. On this forum I have seen anguish at over 47% children in India being malnourished. Now what has deprived these children of a normal childhood, an opportunity to develop in full their genetic potential, an ability to become a full fledged able bodied and able minded member of the community; if not this system of ours, then what is it? The same system at the same time  - to cite just one instance – permits a loot of  over Rs. 12 billion worth of iron ore (illegally mined, illegally transported on forged permits, and illegally exported when it had already been seized by the O/o Lok Ayukta and Dept. of Forests) in a single year (2009-10) in Karnataka alone that rightfully belonged to these lost childhoods. It is not possible to tinker piecemeal with this system to improve. It needs a thorough overhaul. We need to find, discuss, debate, discard, improve, and innovate ways to achieve that and act upon them.

One may certainly save what is important, but before that one should know what it is.

Regards,

Sadanand

From: arkitectindia@ yahoogroups. com [mailto:arkitectind ia@yahoogroups. com] On Behalf Of Pankaj Jain
Sent: 28 June 2010 21:59
To: arkitectindia@ yahoogroups. com
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!

By being bent on saving what is important to me, and struggling to save, day in and day out, as much as the other side is bent on dispossessing me. Life battle is never won at one time, you win a little bit, and also loose a little bit, every day.

My grandfather was a petty trader who had to leave his village due to poverty, and in two generations, his grand children are all over India, and the world. Of course, many have stayed put where they were, and some have regressed too, but that is how the life is.

All those who promise haven at the end of their path are simply liars.

Pankaj

--- On Mon, 6/28/10, SADANAND PATWARDHAN <2Sadanand@GMail. Com> wrote:

From: SADANAND PATWARDHAN <2Sadanand@GMail. Com>
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!
To: arkitectindia@ yahoogroups. com
Date: Monday, June 28, 2010, 5:59 PM

Pankaj,

How do you rationally propose to improve the opposing side that is bent upon dispossessing people of their जल, जंगल और à¤œà¤®à¤¿à¤¨ in “Public Interest†with overwhelming force?

Sadanand

rom: arkitectindia@ yahoogroups. com [mailto:arkitectind ia@yahoogroups. com] On Behalf Of Pankaj Jain
Sent: 28 June 2010 08:11
To: arkitectindia@ yahoogroups. com
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!

Sadanand:

Your position is beyond rational analysis/ argument as it is essentially two para long abusive descriptor of the current system. What do you get by abusing the other side, other than political consolidation of your side behind uncompromising stance and its commitment to destruction of (not improvement in) the opposing side? A standard technique of tribal warfare?

Pankaj
 

--- On Sun, 6/27/10, SADANAND PATWARDHAN <2Sadanand@GMail. Com> wrote:


From: SADANAND PATWARDHAN <2Sadanand@GMail. Com>
Subject: RE: [Arkitect India] "Is a new, but unannounced, Emergency creeping silently across the nation?" Environmentalists & HR Activists getting arrested!
To: arkitectindia@ yahoogroups. com
Date: Sunday, June 27, 2010, 12:33 PM

The critical marker of Emergency (1975) then was, it was essentially, though not wholly,  a struggle for power within the ruling elite like the internecine wars (palace struggles) between the claimants to the kingdom. It created a hue & cry, because the rules governing such struggles were violated by one side with impunity. Of course, people’s participation was co-opted by the aggrieved parties on some pretext or the other in their counter attack. Aren’t the fuel prices raised to fund the social sector programmes for the common man as Pranab Mukehrjee said the day before? Or will not they be rolled back so that common woman is spared the burdensome inflation on her pitiful consumption basket?

The situation now is, even if we call it emergency, devoid of any internecine conflict as there is now unity of purpose across the ruling spectrum as to where they want the economy to go. Only differences may be about nuances of how and who gets what. The opposition now is coming from the those who were, are and may will be ruled in future, if around, and are totally opposed to the development paradigm that demands sacrifices of them and only them without any meaningful benefits. With over 35 years of managing the “ruledâ€, the rulers have gained formidable experience and have refined their skills to such sublime perfection that wars on own people can be waged with abundance while the façade democracy continues undisturbed.

Sadanand

From: arkitectindia@ yahoogroups. com [mailto:arkitectind ia@yahoogroups. com] On Behalf Of Sukla Sen
Sent: 26 June 2010 07:48
To: arkitectindia@ yahoogroups. com; concern4each@ googlegroups. com; IHRO; issueonline; indiathinkersnet; bahujan; mahajanapada; invitesplus@ yahoogroups. com; greenyouth; chhattisgarh- net; national-forum- of-india@ yahoogroups. co.in; INSAANIYATBOMBAY; ecological-democrac y; international- peace-festival; mihre
Subject: Re: [Arkitect India] “Is a new, but unannounced, Emergency creeping silently across the nation?†Environmentalists & HR Activists getting arrested!

The Emergency had a quite a few markers.

We're to first ask ourselves what are these?

Obviously, the most defining one is the Presidential proclamation suspending all Fundamental Rights on account of some extraordinary situation arising - caused by external threat or internal danger.

Evidently when one talks of "unannounced Emergency", the very first element - the Presidential proclamation, is admittedly missing. But nevertheless the use of the term Emergency would denote that one is presented with the consequences of declaration of Emergency.

What were these consequences? What are experiences of 1975?

Thousands were put behind bars including the leading oppositional figures, quite often in undisclosed locations. No Habeas Corpus.

Media gagged. Pre-censorship in place. Even hints of criticism of the regime were much too difficult. Who tried had to either close shop or come out with blank spaces on the printed pages.

Recourse to legal actions against the regime was effectively blocked.

No protest demo/meeting/ memorandum. An all-pervasive atmosphere of fear and panic.  

Open opposition driven underground.

If 1974 railway strike was one of the highest points of anti-regime turbulence under the highly repressive regime, but without unaided by Emergency; the most, and perhaps only, visible case of opposition during the Emergency that soon followed is the Baroda Dynamite case. That, however, came to be known only when the regime could get to know before its execution and charged the accused.

So, under Emergency, the only option left is underground resistance. Other options are just not available. 

Otherwise, under repressive regimes, (open) mass mobilisation and protests. The larger the better.

This e-mail exchange is evidently a part of that.

Sukla

On 25 June 2010 01:20, Kabir Arora <kabirkhan1989@ gmail.com> wrote:

Press Release                                                                               June 23, 2010

 

Stop the Undeclared Emergency and Witch-hunt of Social activists & Human Rights Defenders – Statement by Civil Society groups and concerned citizens

 

[Speakers at the Press Conference held at IWPC, New Delhi – Jst (Rtd) Rajendra Sachar, Kuldip Nayar (former MP and veteran journalist), Shabnam Hashmi (social activist – ANHAD), Tapan K Bose (Director, South Asia Forum for Human Rights), Indu Prakash (Member, EC - Shahri Adhikar Manch), Anil Chowdhury (INSAF), & Tanveer Afaque (Haq) ]

 

Under the garb of anti-Maoist operations and close on the heels of the Home Ministry directive, the Central and State Governments are now unleashing a witch-hunt on rights’ activists and civil society groups in India. Added to this, the fishing expedition of Gujarat police has now reached Delhi. After having arrested 13 trade unionists, forest rights activists and ordinary workers of Gujarat against the omnibus FIR number 1-37/2010 Police station Kamrej, Surat range, dated 26th of February, u/s 120 (B), 121(A), 124(A), 153 A& B of the IPC, and sec 38, 39 and 40 of the UAPA, 2004, Shakeel is the new catch, the 14th person arrested in this FIR on 17th April, 2010.

 

Abdul Shakeel Basha, for the last six years had been working with homeless and street children with organisations like Aman Biradari (2004 to 2008) and since 2009 with Haq (World Faith) & Shahari Adhikar Abhiyan. His work with Aman Biradari also took him to Gujarat several times as the work related to justice to the victims of the 2002 Gujarat genocide was carried out through the ‘Nyaya Grah’ project of Aman Biradari.

 

Other than him, the Gujarat government has recently incarcerated 13 trade unionists, forest rights activists, and ordinary workers – all demanding that the Constitutional rights of the people be restored – and all under a single omnibus FIR (number 1-37/2010) filed in the Kamrej Police station, Surat range, dated 26th of February, under serious charges of sedition, waging war against State, conspiracy, being members of and supporting a banned organisation. The West Bengal government has similarly prosecuted members of a Fact Finding Team; trade union leaders and human rights activists have been quietly arrested in Uttar Pradesh, Chhattisgarh, and many other States. The charges are such that all those arrested can be imprisoned for up to 3 years without bail. On the 35th anniversary of the notorious proclamation by the Indira Gandhi government, it is appropriate to ask, “Is a new, but unannounced, Emergency creeping silently across the nation?â€

 

Is the judiciary also complicit in this assault on democracy? The trend is such that courts are not questioning these framed up cases and trials that go on endlessly. Not only are charge sheets bulky with a large number of witnesses, but when the prosecution’s case appears to be weak, the police file even more charge sheets. In this it is evident that the Gujarat police is following the precedents set by their Andhra brethren in uniform. Thus the only remand paper available in the case of Avinash Kulkarni, a pioneer in implementing the Forests Rights Act in the Dangs area of Gujarat, and who was arrested through a long chain of suspects in Orissa, is one in which he stands accused of “instigating tribals to start violent agitation through CPI (ML) Janshakti Party". It should be noted that not only is CPI (ML) Janshakti an overground party which has been fighting elections for the last seventeen years, but that every Indian has the Constitutional right to follow the politics of his or her choice. But even when applications have been filed with the National Human Rights Commission in such cases, the police have pre-empted the Commission by filing charge sheets in court.

 

What is even more revealing (and distressing) is the behaviour of the media. The story of Basha’s arrest was published by most of the newspapers on June 19 based on information provided by the police. The PTI story and several others seemed to just gobble up the police version, without any independent enquiries about the person, his involvements or activities. These not just reflect badly on the independence of the media, but also talk a lot about the lack of basic journalistic integrity & ethics.

 

Earlier, during the month of April, 2010 Delhi police arrested four persons on charges of being associated with CPI Maoists - Sunil Mandiwal, Ajay Singh, Gopal Mishra, and his wife Anu Mishra. Sunil Mandiwal was an Assistant Lecturer in the Hindi Department of Delhi University, while Gopal Mishra was working for a trade union in Shahdara but was alleged to be a “commander†of the CPI Maoist. All the newspapers, which published the news of the arrests of these persons, provided detailed accounts of the charges against them and the police versions of the “criminal†activities they were allegedly involved in as members of the CPI Maoist. But none cared to follow the basic tenets of journalism in carrying the version of the accused or the arrested persons. When Mandiwal was subsequently released as the police could not find any evidence against him, the newspapers did not bother to talk to him and report what he had to say about his arrest and the “investigation†that the police carried out. 

 

On April 11, media analyst Partho Roy read in The Sunday Times of India, a special article by its investigative reporter which carried details of how the Maoists raised huge amounts of money, nearly Rs 1,500 crore, through extortion, selling drugs, ransom, and robbery. On the same day he read the same article in a Bengali newspaper Ekdin that also claimed that it was written by its staff correspondent. The article also appeared on April 11 in Asian Age under the name of a well known correspondent. And it further appeared in “Central Chronicleâ€, an internet news portal from Madhya Pradesh, but this time it was attributed to agencies. Such a rare instance of cooperation between newspapers raised the interesting question of who did the “investigationâ€. The cat was let out of the bag by the Mumbai Mirror when it published the same news report on the same day but attributed it to Intelligence Agencies. 

 

We all know that Operation “Green Hunt†is on. According to the Home Ministry a 70,000 strong force is being raised to smash the Maoists. The United “Progressive†Alliance government has sanctioned Rs 14,000 crore for buying arms for this new counter insurgency force. The votaries of Neo-conservatism who are in power have clearly declared that they believe in “economic growth†at the cost of all those people who oppose the massive plans of industrialisation in the central Indian forests, or the acquisition of immense tracts in the plains for Special Economic Zones, or the conversion of middling Indian towns into “world class†cities, or the channelling of snow-fed rivers of the north into tunnels to meet the hunger for “powerâ€.  

 

It is within this context where capitalist development considers the working people to be redundant, and the defenders of human rights as impediments to progress, that we need to view the arrest and prosecution of activists like Shakeel Basha. It is also within this context that we stand by such individuals to reclaim the democratic space, to restore the Republic to the People, and to challenge the neo-Goebbelsian trend in which the media has become the embedded hand-maiden of those who ruthlessly use power against the people. We declare that we shall not let this neo-Emergency pass.

 

And finally, we need to ask ourselves especially when we are on the eve of emergency day, 26th June, thirty five years later, whether we are going to surrender our Constitutional rights of dissenting and holding and expressing views, to the police state that India is becoming.

 

Endorsed BY: Haq, ANHAD, Aman Biradari, Peace, Insaf, Delhi Solidarity Group, National Alliance of People’s Movements – NAPM Delhi, National Forum of Forest People & Forest Workers, (NFFPFW) Hazard Centre, South Asia Forum for Human Rights (SAFHR), Human Rights Law Network (HRLN), New Trade Union Initiative (NTUI), Shahri Adhikar Manch, The Other Media, Saheli, IGSSS, Update Collective, Campaign for Judicial Accountability & Reforms, People’s Union for Civil Liberties (PUCL) and other concerned groups and individuals

 




--
Peace Is Doable

 

 

 


#8240 From: Sukla Sen <sukla.sen@...>
Date: Fri Jul 2, 2010 10:43 am
Subject: NAC on Food Security, Communal Violence Bill and Enlarged Mandate
suklasen
Send Email Send Email
 
I/II
http://www.hindu.com/2010/07/01/stories/2010070163681400.htm

1st July, 2010, The Hindu 

NAC looking for expanded mandate

Smita Gupta

Sonia-led council to discuss “procedures” and Food Security Bill

New Delhi: The Sonia Gandhi-led National Advisory Council (NAC), in its second avatar, is looking to expand its mandate. On Thursday, when its members assemble for its first substantive meeting, the NAC will discuss “procedures,” alongside the crucial — and now controversial — Food Security Bill, while a sub-committee will tackle the Communal Violence Bill.

The Communal Violence Bill will come up before the NAC on July 15.

NAC sources said some of the new members felt that a large swathe of civil society outside the council should be engaged as part of its deliberations and research organisations employed to conduct independent evaluations of ongoing government programmes. Also, the NAC should have a larger reach than what it had in its first tenure, the new members said.

Controversial?

This could be controversial, the sources said. For, this sort of expanded mandate would mean the NAC clashing with the Planning Commission and earning the wrath of the State governments. “I am of the opinion,” an NAC member (who was there in the first term as well) told The Hindu, “we should confine our dealings to the Union Ministries and to making policy recommendations. We can't be doing the Planning Commission's job, we can't take over monitoring of the State governments.”

Asked why these issues did not arise in NAC 1, he said, “Last time, things just evolved.”

Apart from this, the key issue will be the Food Security Bill. Harsh Mander, a new member, who has been an active food rights campaigner, will be making a presentation on Thursday, and it will then be discussed. This proposal, sources said, includes an Act that promises a monthly quota of 35 kg of cereals at Rs. 3 a kg per household; multilayered classification of target groups going beyond the standard below the poverty line (BPL) definition; ensuring nutritional requirements for the most vulnerable groups such as infants, small children and the aged through midday meals; and appointing State food commissioners as part of a grievance redress mechanism..

Hard battle ahead

Given that the draft Bill, now under discussion by an Empowered Group of Ministers promises much less, it looks as though it will be a long hard battle for the NAC. The draft Bill cleared by the EGoM in March delinked food security from nutritional security; recommended a blanket definition of BPL families without any provision for the most vulnerable; suggested a monthly quota of 25 kg of rice/wheat without fixing the price; introducing the concept of food security allowance to allow the government to provide cash if grain is unavailable; and a grievance redress mechanism left to individual State governments to set up.

II.

Food Security Bill set for radical rewrite
2 Jul 2010, 0321 hrs IST,M Rajshekhar,ET Bureau


NEW DELHI: The National Advisory Council (NAC), it appears, is set to radically rewrite the the Food Security Bill. 

The meeting of the NAC, which discussed the draft bill prepared by the government, was of the view that the Centre should move beyond the traditional APL-BPL faultline and aim for an inclusive Bill. Universalisation, said NAC member A K Shivakumar, sits better with the spirit of the Bill. 

That said, the bill could look at evolving a self-selecting character with some exclusionary criteria. The members also agreed the bill had to go beyond offering subsidised grains and offer nutritional security. 

In other words, it might offer varieties like jowar, bajra, ragi, etc, which would make the bill more nutritionally advantageous while also making it self-selecting — the Indian affluent stopped eating coarse cereals a while ago. Further, more affluent parts of the society, like government employees and others, could be excluded from the purview of the bill. 

An approach, pegged around self-selection and exclusionary criteria, might also help the country generate more empirical estimates about the incidence of poverty — on an annual and seasonal basis. 

On the whole, said Mr Shivakumar, “about 80% of rural India and 40% of urban India might come under the ambit of the bill.” In all, he said, 60-70% of the country might access the scheme. 

In the meeting, chaired by Congress president Sonia Gandhi, the members also discussed different ways of rolling out the Right to Food programme. 

The NREGA, for instance, had started with 200 poor districts and then scaled up. Here too, one option which was discussed was that the Bill could be first rolled out in the poorest 150 or so districts. 

Another approach discussed was that the entitlement should initially be pegged at about 15 kilos on average, with the poor getting slightly more. This could gradually be ramped up to the full complement of 35 kilos. 

The members also discussed the desirability of perhaps moving from a per household allocation to a per capita allocation. And the need for a special focus on disadvantaged groups like the aged, the destitute, primitive tribes and those suffering from debilitating diseases also came up for discussion. 

At the same time, there are several unresolved questions. Procurement itself, said NAC member Mirai Chatterjee, needed scrutiny since the NAC wants to expand the scheme to provide coarse cereals, oilseeds and pulses. 

The issue of pricing of foodgrain — whether it should be priced at Rs 2 or 3 — will be taken up later. Ms Chatterjee said the emphasis of Thursday’s deliberations was more on the macro issues. 

The meeting was attended by all the NAC members, namely, Prof MS Swaminathan, Dr Ram Dayal Munda, Narendra Jadhav, Pramod Tandon, Jean Dreze, Aruna Roy, Madhav Gadgil, NC Saxena, AK Shiva Kumar, Deep Joshi, Anu Aga, Farah Naqvi, Harsh Mander and Mirai Chatterjee.


--
Peace Is Doable

#8241 From: "SADANAND PATWARDHAN" <2Sadanand@...>
Date: Fri Jul 2, 2010 7:22 am
Subject: RE: [Arkitect India] Submission to the Parliamentary Standing Committee on Science & Technology, Environment & Forests on 'Civil Liability for Nuclear Damage Bill 2010'
sadanandpatw...
Send Email Send Email
 

Excellent work Sukla Sen. After this effort done by others & you, I find it unfair to send it in my name without the detailed study it entailed. I suggest that you run a ePetition on any site (such as http://petitiononline.com/) and collect signatures supporting the formulated amendments. I would be very happy to endorse and have others sign too.

 

This whole game of capping liabilities in case of “industrial catastrophes” is a clever way of externalizing major costs of projects that are intrinsic to their nature & operations to a later period &  to be borne by the society at large or better still by generations to come. If these were to be fully accounted for & factored into project feasibility studies, then no Capitalist in his senses would embark on implementing them nor any consumers be willing to bear the price (and consequences that would then stand naked & exposed, and not hidden & unknown as of now) of the “benefits” they would obtain.

 

One suggestion for improvement : Every supplier knows (hopefully) what he is peddling. So the clause,

The contract between any and every operator and its supplier(s) (of equipment, material or services, as the case may be) must include in writing a provision to the effect that the operator shall have the right of recourse in case of an “incident” without any exception, including as regards the damage to the equipment/plant/site”.

May be altered or supplemented by :

Every supplier would give an undertaking to the operator to voluntarily subject himself to the provisions of this clause/ act ”.

Regards,

Sadanand

+91 99 234 24 661.

From: arkitectindia@yahoogroups.com [mailto:arkitectindia@yahoogroups.com] On Behalf Of Sukla Sen
Sent: 01 July 2010 23:23
To: IHRO; issueonline; arkitectindia@yahoogroups.com; national-forum-of-india@...; concrn4each@googlegroups.com; invitesplus@yahoogroups.com; mahajanapada; bahujan; international-peace-festival; humanrightsactivist
Subject: [Arkitect India] Submission to the Parliamentary Standing Committee on Science & Technology, Environment & Forests on 'Civil Liability for Nuclear Damage Bill 2010'

 

 

Dear Friend(s),

 

The Parliamentary Standing Committee which is now examining the 'Civil Liability for Nuclear Damage Bill 2010' has, through a public notification, asked for comments from the public on the Bill by July 9 to be sent to: <rsc-st@...>.

 

Reproduced below is a model letter.

 

May like to directly mail the same, or on similar lines, with your name(s) and address, and date, indicated at the end to: <rsc-st@...>.

 

Sukla

To

Dr. T. Subbarami Reddy,

The Chairman,

Parliamentary Standing Committee on Science & Technology, Environment & Forests,

New Delhi

 

Sub: Submission on 'Civil Liability for Nuclear Damage Bill 2010'

Ref.: Public Notification dated June 24 2010 (Re.: <http://164.100.47.5/newcommittee/press_release/press/Committee%20on%20S%20and%20T,%20Env.%20and%20Forests/PRESS%20Release_English_.pdf>)

Sir,

 

Pursuant to your public notification inviting comments from the members of the general public, the following submission is made.

The submission is divided into two parts: one, the background/explanatory notes/comments; two, updated list of specific suggestions.

 

I. Background Note.

The defining features of the Bill, to our understanding, are as under:

 

One, it is an attempt to enact a law defining and tackling civil liability for nuclear damage, which does not obtain as of now, to facilitate participation of foreign players in Indian nuclear market.

 

Two, the Bill is also a move towards joining the Convention on Supplementary Compensation (CSC) regime by enacting a law in alignment with that.

 

Three, the Bill is a stepping stone to ensure entry of private players, whether foreign or indigenous, as "operators", as had been demanded by the FICCI in its June 2009 Report.

But the Bill proposes to go way beyond the CSC framework to roll out a red carpet for the prospective private players to assume the mantle of "operator".

 

Our major concerns, in brief, are as under:

 

A. The entry of private players as "operators" is too dangerous given the unique nature of nuclear power industry and its catastrophic potentials, as chillingly illustrated by the Chernobyl Disaster on April 26 1986. The fact is that profit maximisation is the very raison d'etre of a private enterprise giving rise to the consequent innate tendency to cut corners in terms of safety measures. Regulatory mechanisms can at best only “regulate”. Hence, the envisaged ushering in of private players as “operators” of nuclear power plants is an open invitation to disaster.

What is of great relevance here is that the CSC framework in no way obliges the country to open doors to private players, foreign or indigenous, as “operators” of nuclear power plants.

 

B. There must not be any overall "cap" on the quantum of compensation to potential victims. That is too unjust and inhumane. It has to relate to the actual damages caused. The overall “cap” of 300 million SDR, which works out to about 460 million US$, is even lower than the compensation amount of US$ 470 million ratified by the Indian Supreme Court to the victims of Bhopal Gas Disaster way back in 1989.

The CSC, again, does NOT so obligate. It actually allows for a three-tier compensation regime. Up to a limit, or “cap”, of 300 million SDR, in the first tier, to be paid by the “operator” or the national government, as per the law of the land. Then another tier, to a further 300 million SDR or so to be drawn from the common pool of funds maintained by the CSC. And then the national government may, at its own option, pay even beyond the upper limit of this second tier limit without any “cap” whatever.

 

C. The Bill pegs the “liability” of the private “operator” at Rs. 500 crore per incident, with the further proviso to lower it down to even paltrier Rs. 100 crore. And the state, i.e. the Indian taxpayers/citizens, will have to pay, in case of an accident in a privately operated nuclear power plant, the amount of “liability”, i.e. compensations for damages, exceeding the “cap” for a private "operator" subject to the overall limit of 300 million SDR. 

Even in this case, The CSC does NOT obligate to peg the "cap" for the "liability" of any "operator" any lower than 300 million SDR, which amounts to around Rs. 2,100 crore or 460 million US$. And while the CSC obligates that there must be a cap of 300 million SDR, it does not envisage any overall cap on the compensation to be made available to the victims by a member nation.

This is evidently a brazen attempt to favour private enterprises at the cost of Indian citizens. And a lower “cap” for a private “operator” would only further strengthen its intrinsic propensity to cut corners in the realm of “safety”, with nightmarish prospects.

II. Specific Suggestions (Updated – based on oral presentation on 24 06 2010)

 

Contentious Clauses

Draft Bill Provides

Suggestion/Amendment

Explanation/Comment

1.

Atomic Energy Regulatory Board to notify incident

 

(Chapter II, Cl. 3)

 

 

 

Any private citizen, or group, will have the right to draw the attention of the AERB to an alleged “incident’ in case it is not notified by the AERB suo moto. The AERB shall duly examine and respond to such request.

The AERB must be made autonomous of the DAE. Its functioning must be monitored by an independent experts’ body.

 

2.

Channelising the liability to “operator”.

 

(Chapter II, Cl. 4 (1))

 

 

The operator for the nuclear installation shall be liable for nuclear damage …

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To be further added:

The operator shall deposit a sum of 300 million SDR in an escrow account for each nuclear reactor to be operated before start of operation.

This is a welcome provision as otherwise there would be no pre-designated (singular) source from which the compensations for the victims to be obtained. And the whole process could turn utterly cumbersome and lengthy.

However, there must be adequate provisions for the operator to claim compensations, in turn, from the supplier/designer/consultant etc., as the case may be, without diluting its liability to the victims.

 

This will eliminate much of possible complications in the event of an “incident”.

 

3.

Exceptions to the operator as regards liability

 

(Chapter II, Cl. 5(1) i & ii)

 

 

 

“grave natural disaster …”

 

 

 

 

 

 

 

The list of exceptions, under Cl. 5(1) (ii), includes “terrorism”.

 

 

 

 

To be dropped in entirety.

 

 

 

 

 

 

To drop “terrorism” from the list.

 

 

 

 

 

 

 

The corresponding CSC clause - Annex, Article 3, 5. b. - provides that national law may have provision to drop such circumstances from the list of exceptions.

 

It does not figure in the corresponding CSC clause: Annex, Article 3, 5. a.

 

The concept of “strict liability” being the foundational concept, such exceptions, and consequent transfer of liability for damage under such circumstances to the “Central Government”, and thereby to the Indian taxpayers, in case of a private operator, is wholly undesirable and unjustified.

 

4.

A.

The total cap on liability

 

(Chapter II, Cl. 6(1)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

B.

Limits of liability of a (private) operator

(Chapter II, Cl. 6(2) and 7(a) and (c))

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C.

Cl. 6. (2), para 4

 

 

The maximum amount of liability in respect of each nuclear incident shall be the rupee equivalent of three hundred million Special Drawing Rights.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rs.500 crore as operator liability ceiling, with a provision for reduction to Rs. 100 crore.

The balance, if any, up to 300 million SDR to be paid by the Central Government.

 

 

 

 

 

 

 

 

Provided also … cost of proceedings.

 

 

In case of an “incident” of exceptional gravity, the cap on the liability of the Central Government shall stand withdrawn through due notification by the Claims Commission.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This provision to be dropped.

The operator is to be held liable for compensation up to 300 million SDR, as in case of the Central Government as operator under Cl. 7 (b).

 

 

 

 

 

 

 

 

Cl. 6 (2), para 2 & 3 shall be deleted, in any case.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To be amended as:

Provided also that the amount of liability as provided above is exclusive of any interest or cost of proceedings.

 

There must not be any cap on total liability.

This, by the way, does not contradict the provisions of the CSC.

 

Three hundred million SDR (equivalent to about US $ 450 million, depending on the exchange rate obtaining)  is, in any case, too paltry.

In case of Bhopal gas disaster, the compensation amount settled (to be paid by the UCC) back in 1989 was 470 million US $. That was pretty much inadequate.

In case, of oil spill in the Gulf of Mexico, the BP has committed an initial amount of US $ 20 billion. And there will be no cap. In the US, in case of a nuclear accident, the first 300 million US $ to come from the respective insurance cover, then up to US $ 10 billion from a common pool of funds maintained by the nuclear industry. Beyond that, the Federal Government, without any cap. (Ref.: P. 2/4 of ‘The Price-Anderson Act: Background Information: November 2005’ at <http://www.ans.org/pi/ps/docs/ps54-bi.pdf>.)

 

No lower limit of liability for (private) operator.

Clauses (6 & 7, in particular) to be modified accordingly.

 

The Convention for Supplementary Compensation (CSC) does not obligate the GoI to go in for such differentiated liabilities, one for private operator and another for the state affiliated operator.

 

The discretionary provision for lowering the limit any further (to Rs. 100 crore), under Cl. 6 (2), para 3, is utterly unjustified. That makes nonsense of the “cap” of Rs. 500 crore. And the whole process of determining the “cap” appears to be entirely discretionary.

5.

Claims Commission

 

(Chapter III, Cl. 9 (2))

 

 

The Claims Commission must include member(s) of the medical profession with an established track record of engaging with people’s health issues to ensure the proper assessment of the health impact of an “incident”.

 

 

6.

Operator’s “right of recourse”

(Chapter IV, Cl. 17 (a), (b) and (c))

 

 

 

 

To be added:

The contract between any and every operator and its supplier(s) (of equipment, material or services, as the case may be) must include in writing a provision to the effect that the operator shall have the right of recourse in case of an “incident” without any exception, including as regards the damage to the equipment/plant/site.

 

 

The reported move of dropping the Cl. 17 (b) is utterly objectionable, as explained above (at entry 2).

 

 

This will make the supplier all the more cautious about the quality and when the Central Govt. is the operator it will not be able to waive the right of recourse clause under the pressure of lobbying or whatever.

This evidently will benefit the Indian taxpayers in case of an “incident”.  

7. A.

Extinction of right to claim

(Chapter IV, Cl. 18)

 

 

 

 

 

B.

The right to claim compensation for any nuclear damage caused by a nuclear incident shall extinguish if such claim is not made within a period of ten years from the date of incident notified …

 

(Para 2)

Provided that where a nuclear damage is caused  …. But, in no case, it shall exceed a period of twenty years …

The limit of 10 years is too short.

To be made 30 years at least.

 

.

 

 

 

 

 

 

 

 

 

 

 

 

 

Under such circumstances, the Central Government must duly examine a claim and pay appropriate compensation by routing the case through the AERB.

This would, however, be a departure from the norms of the CSC

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

It means that in case of a damage arising out of a nuclear incident caused by some nuclear material stolen more than twenty years back, the victim will have no right to any compensation.

That is totally unacceptable.

 

8.

Exclusion of jurisdiction of civil courts

(Chapter V, Cl. 35)

 

 

 

 

 

 

 

While no civil court must have any right to intervene in the conduct of proceedings by the claims commission and ready implementation/enforcement of its award/order, much as in case of the Election Commission; there must be provision to for appeal to an appellate authority – High Court or Supreme Court, without affecting the immediate implementation/enforcement of the award/order by the claims commission.

 

Otherwise, it would be violation of natural justice.

 

 

9.

Offences and penalties (Chapter VI, Cl. 39 (1))

 

 

… shall be punishable with imprisonment for a term which may extend to five years or with fine or both.

 

 

To be amended as:

shall be punishable with imprisonment for a term which may extend to ten years, with or without fine.

 

 

The provision for penalty for not complying with the award, Cl. 36 (1) (b), for example, is too paltry.

In any case, this is only maximum.

And, the provision for imprisonment must not be substitutable by fine.

 

10.

Offences by companies (Chapter VI, Cl. 40 (1), para 2)

 

 

 

Provided that nothing contained in this sub-section shall render any such person liable to any punishment under this Act, if he proves that offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

 

 

This has to be amended as:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment under this Act, if he proves he exercised all due diligence to prevent the commission of such offence.

 

“that offence was committed without his knowledge or”: to be deleted.

This clause, in its present form, violates the principle of command responsibility and thereby would ensure that minions are punished in case of violations and senior officers go scot free.

 

11.

Immunity to Central Government and its employees

(Chapter VII, Cl. 47)

 

 

 

No suit … thereunder.

 

 

This is to be dropped in entirety.

 

 

No such immunity in operating a nuclear plant/installation is called for. Such immunity will only engender criminal negligence and worse.

12.

Power to remove difficulties

(Chapter VII, Cl. 49 (1), para 2)

 

 

 

 

Provided that no order shall be made under this section after the expiry of three years from the commencement of this Act.

 

 

 

This para is to be dropped in its entirety.

 

 

 

 

 

If the Indian Constitution needs be amended even after sixty years of coming into force, why the limit of “three years” here?

 

 

13.

General point

Compensation for environmental damage

 

 

 

Any public spirited group or citizen, apart from public bodies like Gram Sabha, panchayat, municipality etc. and affected persons, must be entitled to raise such claims.

There must be a clear provision towards that.

And, also who will receive such amount?

 

Under “Definitions” (ref. Chapter I, Cl. 2 (f) (iv), “nuclear damage” covers “impaired environment”.

It is, however, not provided who can lodge claims for “costs of measures of reinstatement” as mentioned therein.

 

 

Thanking you,

 

 

 

Date: .. 07 2010

 

Cc.: Members of the Standing Committee:

 

Members from the Rajya Sabha:

1. Shri S S Ahluwalia

2. Shri Rajiv Pratap Rudy

3. Shri Anil H. Lad

4. Shri Ramachandra Khuntia

5. Prof. Ram Gopal Yadav

6. Dr. Ejaz Ali

7. Dr. Barun Mukherjee

8. Shri Saman Pathak

9. Shri Jabir Husain

 

Members from the Lok Sabha:

1. Dr. Rajan Sushant

2. Shri D.V. Sadananda Gowda

3. Shri C. R. Patil

4. Smt. Kamla Devi Patle

5. Shri Yashwant Sinha

6. Shri Mansukhbhai D. Vasava

7. Kaisar Jahan

8. Shri Bibhu Prasad Tarai

9. Shri S.S. Ramasubbu

10. Shri Pradeep Tamta

11. Shri Francisco Sardinha

12. Shri Ninong Ering

13. Dr. Charan Das Mahant

14. Shri Gajendra Singh Rajukhedi

15. Shri Akhilesh Yadav

16. Dr. Ranjan Prasad Yadav

17. Shri Udyanraje Bhonsle

18. Shri Jayaram Pangi

19. Shri A. Ganeshamurthi

20. Dr. Mirza Mehboob Beg

21. Shri K.C. Singh Baba

and

Secretary to the Standing Committee, Mr. JP Sharma.

 


--
Peace Is Doable


#8242 From: "Prof.Kalluri S.Rao" <ksrsl@...>
Date: Fri Jul 2, 2010 3:47 pm
Subject: Re: [Arkitect India] Fwd:The future of 200 million Children
ksrsl@...
Send Email Send Email
 
Yes I would add that this must be done apto atleast 7th class. Other langauages can be taught but Hindi should not be imposed on children at the expense of their mother tongue.
 
The problem of India is language and caste
 
KSRao


Kalluri Subba Rao., Ph.D., D.Sc.(IISc),FAS-AP, FAMS., FNASc.,FNA.Hon.Professor & INSA-Senior Scientist,Center for Biotechnology, Institute of Science and Technology (IST) , Jawaharlal Nehru Technological University, Kukatpally, Hyderabad-500085. Email:ksrsl@...

--- On Fri, 7/2/10, B.K.Passi <b_k_passi@...> wrote:

From: B.K.Passi <b_k_passi@...>
Subject: Re: [Arkitect India] Fwd:The future of 200 million Children
To: arkitectindia@yahoogroups.com
Date: Friday, July 2, 2010, 12:03 PM

 
this is the most importatn and fundamental suggestion [ i agree with it totally]

Class 1 should be dedicated to teaching children their mother tongue.[through mother tongue]

B.K.Passi

 




From: Shaheen Ansari <ansarishaheen@ gmail.com>
To: arkitectindia <arkitectindia@ yahoogroups. com>
Sent: Thu, July 1, 2010 11:51:48 AM
Subject: [Arkitect India] Fwd:The future of 200 million Children

 
FYI


From: Leena Prasad [mailto:leenadivansh@ gmail.com]
Sent: Wednesday, June 30, 2010 08:22
To: Shaheen Ansari
Subject: Fwd: The future of 200 million Children

will you post this on your group in response to a mail asking for suggestions on RTE  - and may be add our volunteer Archana on it as well - 

---------- Forwarded message ----------
From: ARCHANA RAVI <archa1982@gmail. com>
Date: Wed, Jun 30, 2010 at 7:08 PM
Subject: Re: The future of 200 million Children
To: Leena Prasad <leenadivansh@ gmail.com>

 
My suggestions are:
 
1. All teachers' vacancies should be filled as soon as possible. All contract teachers should be replaced by permanent teachers.
 
2. In schools where the student-teacher ratio is good, naturally the quality is better. Instead of having a school in every km, the rule should be a classroom for every 30 underprivileged children in the locality.
 
3. The government should set up a department in each panchayat/municipal ity that would do quarter-yearly door-to-door surveys to determine the status of children in the society. This department will identify out-of-school children and dropouts.
 
4. Class 1 should be dedicated to teaching children their mother tongue. 
 
5. The syllabus in all schools - CBSE, ICSE or state - should be unified. If members of all these boards participate in the making of the syllabus, the resultant syllabus will be good. Teachers may be used to rot learning techniques. They should be trained to do their jobs without rot learning. 
 
 
There are more things that need to be done. Hygiene, for example, is  invariably terrible in all schools. Then the training of teachers - the SET exam syllabus. I have no idea how to change anything here. But they should consult experts in education and train teachers for their job.
 
I do not have the mail id to forward this to anyone. Can you do it for me? Also, should i ask others to participate?
 
Regards
archana 
 
 
 
 
 
 
 
 
 
 
 
 
 


 
On Mon, Jun 28, 2010 at 10:38 AM, Leena Prasad <leenadivansh@ gmail.com> wrote:
Hi

Would you like to give five suggestions as requested in this mail ... Think it will be nice for you to participate in this discussion as a citizen with great exp on education of children ...

Dear All,


India has around 230 million children currently in age group 6-16. In the next decade, all these would cross 16 years of age, and reach a stage where more formal education is practically impossible.

Of these, around 30 million would get a chance to study in reasonable to good to excellent quality schools, some in a few good Govt. schools, but mostly private fee charging schools, including those for upper income and elite groups.

Remaining 200 odd million, if ASER and other such official and non-official reports are correct, would receive very poor quality education in the bulk of average government schools or low cost private schools. With RTE provisions and criterion coming in force, it would not be legally feasible for low cost private schools to exist as recognized schools, so the bulk of responsibility of educating these 200 million children will be of Government Schools.

Most of us know, and agree, that average quality of education in most Government Schools is very bad, which means that 200 million of today's children will become adult without receiving a minimum quality school education, which will not only keep them poor and under-developed, but also lead to poor development of the country.

The only solution is to significantly improve the quality of Government schools, with 3-5 years.

I request and invite forum readers to give no more than 5 suggestions that would improve the quality of education in a time bound 3-5 years, so the improvements in learning levels of children can be measured in  concrete manner, by ASER or NCERT studies.

I hope this exercise of sifting through various actionable ideas would not only show a way to move forward, it will also make "Improvements in Govt. Schools within 3-5 years', a declared and formal policy agenda of the Government.

Pankaj Jain


Pankaj
 

 





--

Cheers
Leena




--
Creativity means to push open the heavy, groaning doorway to life… This is not an easy struggle. Indeed, it may be the most difficult task in the world, for opening the door to your own life is, in the end, more difficult than opening the doors to the mysteries of the universe.
                                                             -Dr. Daisaku Ikeda



--

Cheers
Leena




--
Dr. Shaheen Ansari
Arkitect India
C - 336 - ACD / 2 Z, Budha Vihar,(Opp. JNU Gate)
Munirka,New Delhi- 110067

http://educationatd oorsteps. blogspot. com
http://groups. yahoo.com/ group/arkitectin dia/




#8243 From: "Edsa" <gdigest@...>
Date: Fri Jul 2, 2010 9:11 pm
Subject: Fw: How bad the situation is?
gdigest@...
Send Email Send Email
 

Hello Sadanand and Rahul,
Rahul has referred to 'Liberal democracy' and Marxism. He seems to have no quarrel with these western political ideologies. But do they make sense for a country like India - impoverished (80% live on under Rs 20 a day), malnourished (40% of world's hungry children live in India), a third illiterate and dominated by caste, gods and gurus?
Shouldn't India work out its own ideologies? China for example devised its own Maoist ideology but poor India is known to invent nothing, It merely copies and latches on to whatever is on offer. Thus there is no Indian Communist brand - they have Marxist and Maoist versions. I guess it was Nehru, made in the British image, who unthinkingly imposed the British form of democracy on his people. He didn't bother to adapt it to Indian conditions. All Indian state institutions (parliament, courts, police system etc) are borrowed as VS Naipaul said in his early writings. But they have all degraded and the likes of PM Singh have no clue how to re-invigorate them
 
I suggest Rahul clarifies what he means by 'liberal democracy' in the context of India's society today. He should next reflect on India's sham elections where the people mechanically vote for candidates they don't choose and whom they cannot recall for misdemeanors. Meanwhile most of the legislators are millionaires.
Below are extracts from an article BY PC Alexander.
Best wishe
Edsa
 

 "Ours is a flawed democracy" by PC Alexander, Asian Age, 22 April 2009
[Alexander was Indian Commissioner in London and later Governor of Tamil Nadu & Maharashtra]

 

We in India take pride in preserving the institution of democracy, even though the country has serious problems of poverty, illiteracy and unemployment. But when it comes to quality, we are categorised as a 'flawed democracy'.

According to the annual survey published by the Global Research Org, India appears in the category of 50 "flawed democracies" covered by the survey. 30 are full democracies, 36 are hybrid democracies and 51 authoritative regimes.

 

We may ask why our country is not recognised as a full democracy when we have constitutional guarantees of fundamental rights, free and fair elections supervised by the Election Commission, plurality of choice, independent judiciary and a free press. The truth we have clear deficiencies in the functioning  of our democratic system and our uncritical acceptance of the basic flaws prevents us from graduating to a full democracy.  What are these flaws?

 

Flaw 1) Low level of people's participation in the democratic process;

The extent of people's participation is the most important criterion for assessing the strength of our democracy. Because of the large electorate, the democracy is necessarily representative but the participation is practically limited to the casting of votes at election time.

 

Flaw 2) Degradation of our political culture

Our political parties have become in most cases instruments of power for a few individuals and their families. Elections to various party posts have been substituted by nominations by the party supremo and those occupying such positions never  have the necessary credentials.

The rank and file are not informed about discussions between leaders on pre-election alliances and these discussions usually fail because of lack of agreement on the sharing seats. Even crucial decisions like choice of ally are taken by the party high commands and the lower cadres only get to know the outcome after decisions are taken. Lack of inner party democracy has been the bane of almost all Indian political parties.

 

Most people believed that India would grow into a healthy democracy after independence because of Gandhi's legacy. Gandhi had insisted on strict adherence to principles of absolute integrity, honest means and ends, and a firm commitment to the welfare of the poor. Unfortunately, his wishes were put aside after his death and few leaders rose to the high values that he had set. Instead, pervasive corruption in all walks of public life has become the norm. People have ceased to be shocked at current practices at election campaigns - the unashamed use of cash-for-votes, candidates with a record of murder and rape, the exploitation of communal and caste loyalties. The 2009 elections may set an all-time high 'cash-for-votes' record and senior leaders have stooped to the lowest ethical level of personal vilification and abuse of their rivals.

[END OF ARTICLE]
==============

Complexity shouldn’t be a refuge for inaction nor should it daunt anyone from grasping critical issues. Neither should it mislead us into taking stock of “every feasible analysis†as not only it would be distracting & time consuming, but mostly would produce oxymoronic propositions. Since you seem to be overly exercised by Maoists, I would offer you an interesting comment by Rahul Banerjee, a refreshing thinker and a solid grassroots activist, whom I discovered on another forum.

I believe he has captured the essence of such debates very ably in simple & few words.  I can’t do better.

You may read full exchange here : http://groups.yahoo.com/group/chhattisgarh-net/message/

Re: Do we live in a democratic country? : A report from Jashpur

Rahul,

you have made an excellent case for the direction in which the real debate should move by contextualising in the praxis the debate over "which system is better". I urge all those who are seriously concerned with these issues to contemplate over your statement, and to debate & develop an alternate model of collaborative & participative communities. Additionally, hard questions need to be answered about the balance : what to sacrifice and why, what to retain and why?

This is not going to be easy. But it is better to attempt real change even if there is no guarantee of success, rather than succeed in ways where ultimately failure is guaranteed.

Sadanand.
+91 99 234 24 661

____________
--- In chhattisgarh-net@yahoogroups.com, rahul <aarohini@...> wrote:

The best is pretty bad indeed if it cannot ensure a decent livelihood for most of the population in liberal democratic countries.
It is pointless to argue whether liberal democracy or Marxism is best because both are bad as far as their implementation is concerned.
So when proponents of these ideologies castigate each other its mostly a case of the pot calling the kettle black.

Democratic practice is at its best in smaller communities and both liberal democracy and Marxism as practised have negated decentralised democracy.
The challenge therefore today is to reconcile centralisation and decentralisation so as to optimise democracy.
If we opt for anarchist and communitarian democracy then much of the good that has come from modern development will also have to be sacrificed with the bad.
If we let business go on as usual then very soon we will finish off the earth with over consumption and many other ills.
So there has to be a balance between centralisation and decentralisation, consumption, production and the social and environmental capacities.
Coming back to the debate between liberal democracy and Marxism the latter emerged as a reaction to the ills of capitalist liberal democracy.
There has been a considerable amount of give and take between the two in actual practice, whatever the theory.
 But both have remained straightjacketed in practice in the statist mode.
Consequently even in Marxist states the actual control of resources and decision making have been concentrated in the hands of a few as in liberal
democratic capitalist states.
So it would be more profitable to study and critique the similarities between the two going into the future rather than engage in inane contests as to which of them is best.

Rahul Banerjee

 
 

#8244 From: Amitabh Thakur <amitabhth@...>
Date: Fri Jul 2, 2010 5:53 am
Subject: Padma for martyrs
amitabhth
Send Email Send Email
 

Padma Award for Sri Satyendra Dubey and Sri Manjunath Shanmugan

Sri Satyendra Kumar Dubey (1973 - 27 November 2003) was born at the village Shahpur, district Siwan, Bihar. A talented and dedicated boy he did his B Tech from the prestigious IIT Kanpur and M Tech from IT-BHU in 1996.
He was selected for the Indian Engineering Service (IES) and in July 2002 he was employed by the National Highway Authority of India (NHAI).  Here he exposed some serious financial irregularities. He discovered that the contracted firm, Larsen and Toubro had been subcontracting the actual work to smaller low-technology groups, controlled by the local mafia. His letters to his NHAI bosses exposing the corruption went unheeded and faced with possible high-level corruption within the NHAI, Sri Dubey wrote directly to then Prime Minister, detailing the financial and contractual irregularities there.
In August 2003 when he was transferred to Gaya where he again exposed large-scale flouting of NHAI rules regarding sub-contracting and quality control.
On November 27, 2003, when Sri Dubey returned from a journey to Gaya, he never reached home and was found dead by road side. The CBI did the investigations but Mantu Kumar, a prime accused escaped from the court premises, leading to different kinds of allegations. A Patna Court has convicted three accused including Mantu for the crime. Sri Dubey's murder drew several protests in India and abroad, including the media. Student and Alumni bodies of IITs took the lead in raising this issue. IIT Kanpur instituted an annual award, Satyendra K Dubey Memorial Award, to be given to an IIT alumnus for displaying highest professional integrity in upholding human values. Sri Dubey was recognised posthumously by several awards, which included those from Transparency International and All India Management Association. 

Sri Manjunath Shanmugam was born on February 23rd, 1978. After finishing his engineering from SJCE Mysore, SriManjunath went into the prestigious IIM Lucknow, and graduated from there in 2003. Instead of joining the big corporate firms for hefty pay, this idealist youth joined the Indian Oil during campus placements. Here he was posted as the sales officer in Lucknow to manage the Lakhimpur Khiri region of UP - a known hotbed of petroleum adulteration.
While working here, he had ordered two petrol pumps at Lakhimpur Kheri to be sealed for three months for selling adulterated fuel. When the pump started operating again a month later, Sri Manjunath decided to conduct a surprise raid around November 19, 2005.It was this act of his that irked the powerful patrol pump owner and that very night, he was shot dead in Gola Gokarannath town of Lakhimpur Kheri. His body, riddled with at least six bullets, was found in the backseat of his own car. Following the murder, there was immense media spotlight on the case. The Alumni from IIM Lucknow and elsewhere in the shape of the Manjunath Shanmugam Trust took up the case with dogged determination. The main accused Monu Mittal (the petrol pump owner) and 7 accomplices were convicted of murder by Sessions judge, Lakhimpur Kheri. Monu was awarded death sentence, while the other seven accused were sentenced to life imprisonment.
In the aftermath of murder, the matter of adulteration in petrol and diesel was taken up by the Energy Coordination Committee chaired by Prime Minister. Later the MS Trust started the Manjunath Shanmugam Integrity Award to honour those who have reported and worked to rectify systemic corruption.

From these brief introductions, we can easily see that these two bright young men (Sri Satyendra was 30 when he was murdered while Sri Manjunath was only 27 at the time of his death) got their life suddenly ended because of their commitment to fight against the system and because of their determination and inner urge to stick to their values and personal ideals. They were not being forced by their organization to adhere to these principles; on the contrary they often had to face difficulties because of their non-compromising views. Another thing common to both was that despite being respectively from IIT and IIM, they chose to join the Public sector which has traditionally been given lower importance by students of these Institutes. They both had a deep sense of commitment and an inner urge to do something for the society. It was this burning idealism that ultimately led to their untimely death.
Through their supreme sacrifice they gave a much needed impetus to the values they held so closely to their heart. Their sacrifice has not exactly gone in vain but they are now the symbol of hope, idealism, commitment and values for a society that clearly needs them in huge amounts. It is a fact that most of us are not able to follow these principles I our own lives, simply because we are not made of the mettle that these two people were constituted of. But then, just because we lack these virtues, it does not stop us in any way from appreciating such values which are the foundation stone of any truly enriched society.
The Institute for Research and Documentation in Social Sciences (IRDS), like a whole spectrum of people acknowledges the great virtues and the huge contributions made by both Sri Satyendra Dubey and Sri Manjunath Shanmugan, who are now the heroes of the entire nation. This being so, we sincerely feel that the Union government also recognizes this fact officially by bestowing these two Heroes the honour they truly deserve. One way of doing this could be to confer one of the Padma awards (Padma Bhushan or at least Padma Shree) to both Sri Dubey and Sri Manjunath posthumously, as has been done in many other instances. Honouring them would be to honour their cherished ideas, ideals, principles, virtues and believes.
We have requested the concerned officials and authorities to consider this suggestion. At the same time, I also request you friends to carry forth this mission. 

Amitabh Thakur,
President,
IRDS,
Lucknow
# 94155-34526

 

 




#8245 From: "SADANAND PATWARDHAN" <2Sadanand@...>
Date: Fri Jul 2, 2010 6:08 am
Subject: RE: [Arkitect India] Kandhamal verdict
sadanandpatw...
Send Email Send Email
 

Will this be a beginning of a new phase in India? I doubt. But I still hope that 1984 Delhi and 2002 Gujarat victims of the pogroms by Congress & BJP too receive justice soon.

 

While delays in judicial trials is a complex issue, the speed is invariably the product of political conveniences. Wasn’t BJP in power sharing arrangement with BJD when Kandhamal shot into infamy? Was the fast track court constituted after BJD severed its links with BJP because it  thought it “politically incorrect (read not profitable)’ to continue the relationship? Correct me if my facts are wrong.

 

sadanand

 

From: arkitectindia@yahoogroups.com [mailto:arkitectindia@yahoogroups.com] On Behalf Of Amitabh Thakur
Sent: 01 July 2010 16:10
To: arkitectindia@yahoogroups.com
Subject: [Arkitect India] Kandhamal verdict

 

 

A stitch in time saves Nine

29th June 2010 must be considered an important day in the history of Indian judicial system. Not that some new law was promulgated on that day nor was any new judicial body set up. There was not even a major judicial structural change as well. Yet, what happened that day is something that would go a long way in restoring our faith in Indian socio-political structure. At the same time, it would help redeem the respect of Indian populace for our judicial system.
It is on this date that in Kandhamal district Orissa in, an important judgment was delivered that went on to sentence the powerful local politician and MLA from an important political party in matters related with communal riots. What is even more heartening is that the judgment was delivered by a fast-track court within a span of 2 years of the happening of the incidence. Manoj Pradhan, the influential leader of Kandhamal and a present-time MLA was supposed to be close to Swami Laxmanananda.
It was August 2008 that the murder of an important Hindu religious leader Swami Laxmanananda Saraswati and four of his aides had trigged a massive and highly damaging riot which went on for days (which has been alleged by many as being  a result of the deliberate laxity on the government’s part). The end result was what always happens in every riotous situations- the poor and the have-nots bore the brunt of the attack. While thousands of Christians were forced to leave their houses, the heat was equally felt by the poor Hindu tribal communities. It is alleged that Manoj Pradhan played a major role in instigating the riots and led it from the front, taking part in arson, murder and other heinous offences during the riots. Pradhan later got arrested and subsequently got his bail.
Meanwhile the matter came for trial before the Fast Court Track in Kandhamal district. Nearly two dozen cases were registered in different police stations in that period. In fact 17 cases were registered against Manoj Pradhan himself. So far decision in 12 cases related to him have come and he has been absolved in 11 of them. In the latest judgment he has been found guilty along with Pafulla Mallik and 14 others on charges of rioting, causing grievous hurt by dangerous weapons and arson.  They have been given 7 years of rigorous imprisonment each.  Thus five cases are still pending before him.
The judgment has been received by different people in different ways. There is a group that says that the punishment has been too less and lenient considering the heinous nature of the crime. They would have been satisfied if the maximum prescribed punishment were imposed on the accused. The other group has an exactly opposite view and openly claim that Manoj Pradhan was falsely implicated in the matter and he is completely innocent. They say that an appeal will be made in the Orissa High Court which shall help bring forth the truth. There are also the sufferers and the poor people who are too frightened to articulate any opinion in any way and for whom the only thing that matters is that such things don’t repeat again.
For a person like me and you, it would neither be prudent nor legal to comment on the judgment per se and give our own opinion, it still being in the judicial process. But one thing that really gives me immense satisfaction is the fact that justice (whether as acquittals or as convictions) is being delivered in these cases in a relatively fast manner, that too considering the fact that this is a highly contentious, political and religiously charged and emotive issue. “Justice delayed is justice denied†they say but due to so many reasons this is exactly what is happening in our country in many cases. Look at the SPS Rathode case in Haryana. In incidence took place in 1990 and the judgment was delivered in 2010. What meanings do such judgments have for all the concerned parties? Many a times the accused and the victim are dead and gone, at other times they are too old, helpless or weak as to suffer or rejoice the verdict. In short, it becomes a mere mockery and some kind of ritual. I recently read of a judgment related with Shibu Soren, the ex-Chief Minister of Jharkhand who was found not guilty in a murder case that related to late 1970s. So after more than 30 years it is found that Shibu Soren had not caused that murder. What relevance does such judgements have- in the eyes of the public, for the accused, for the victims, for the prosecution and even for the Judge who is delivering it?
What even pains more is that even Judiciary seems to have got affected by the Media bug or the Media pressure. An apt example would again be the same Ruchika case, where after 19 years, 40 adjournments, and more than 400 hearings, the court finally pronounced Rathore guilty under Section 354 IPC (molestation) and sentenced him to six months imprisonment and a fine of Rs 1,000. But the moment there was a huge uproar across the Nation, another Court could deliver the judgment in less than 6 months sentencing him to one and a half years of rigorous imprisonment.
But to me, the Kandhamal case carries much more importance than Ruchika and Jessica Lal and all such cases because these are the crimes that are related with individuals while a riot is one which the general public has to face and suffer. Thus a judgment in one of the crimes related with riots has a much higher relevance and impetus to the masses and has much more message to convey. In such circumstances, if the crimes related with riots (religious, political, caste-based etc) are not decided in a swift manner, it gives a very bad message to the society and acts as a huge bolster to the other rioters. If there is not enough evidence against a person, leave him/her for good. Otherwise convict the person to the equitable punishment that seems to be deserving. But to choose a middle path (which Lord Buddha would never have advocated) of lingering the matter for years in nothing but akin to becoming a party to the crime itself. If a Sikh riot of 1984, the Ayodhya events of 1992 or the Gujarat riots of 1992 are still pending in Courts, with no near chances of their getting decided (either way) then don’t they act as potential precursors of future riots, giving such criminal mindsets an example to emulate and follow?
I sincerely believe that judgments in all such riot related matters must be delivered in a timely manner and swift (and correct) decisions must be arrived at in the minimum possible time, even at the cost of some criticism here and there (which any judicial pronouncement is bound to face anyway, because of vested interests and varying perspectives).

Amitabh Thakur
IPS,
President,
IRDS,
Lucknow
# 94155-34526

 


#8246 From: Daniel Mazgaonkar <daniel.mazgaonkar@...>
Date: Sat Jul 3, 2010 3:36 am
Subject: Re: [Arkitect India] Fw: How bad the situation is?
daniel.mazgaonkar@...
Send Email Send Email
 


On 3 July 2010 02:41, Edsa <gdigest@...> wrote:
 



Hello Sadanand and Rahul,
Rahul has referred to 'Liberal democracy' and Marxism. He seems to have no quarrel with these western political ideologies. But do they make sense for a country like India - impoverished (80% live on under Rs 20 a day), malnourished (40% of world's hungry children live in India), a third illiterate and dominated by caste, gods and gurus?
Shouldn't India work out its own ideologies? China for example devised its own Maoist ideology but poor India is known to invent nothing, It merely copies and latches on to whatever is on offer. Thus there is no Indian Communist brand - they have Marxist and Maoist versions. I guess it was Nehru, made in the British image, who unthinkingly imposed the British form of democracy on his people. He didn't bother to adapt it to Indian conditions. All Indian state institutions (parliament, courts, police system etc) are borrowed as VS Naipaul said in his early writings. But they have all degraded and the likes of PM Singh have no clue how to re-invigorate them.

Dear all,

Edsa has raised several good and valid points in this discussion.

Those who are serious about what kind of polity India must develop, should try to read the following people:

1. Mahatma Gandhi,
2. Dr. Ram Manohar Lohia (Chaukhamba)
3. Vinoba Bhave (Swarajya Shastra, a treatise on Indian polity.)
4. Jayaprakash Narayan  (His book "A Plea for Reconstruction of Indian Polity"

And also when J P began the Sampoorna Kranti movement, he had demanded that Janta Sarkars be established. But the idea did not catch. Also, he had insisted upon "Right to/of Recall" and "Non-political People's Committees setting up candidates,(a suggestion mentioned in his above-mentioned book) even though, the national system was parties setting up candidates from bottom to top, from Village Panchayats to Parliament.

There are some people still alive who can help if there is a national discussion and a platform with sincere intentions to find a way out of this "DEMONOCRACY",  ( word formed by Vinoba. He did not believe in this kind of Democracy, and named it "Demono-cracy". It is a "cracy" of 51 over 49. Which will never create conditions in which even the minority of one, if right, will have any place.

Daniel Mazgaonkar.
 
I suggest Rahul clarifies what he means by 'liberal democracy' in the context of India's society today. He should next reflect on India's sham elections where the people mechanically vote for candidates they don't choose and whom they cannot recall for misdemeanors. Meanwhile most of the legislators are millionaires.
Below are extracts from an article BY PC Alexander.
Best wishe
Edsa
 

 "Ours is a flawed democracy" by PC Alexander, Asian Age, 22 April 2009
[Alexander was Indian Commissioner in London and later Governor of Tamil Nadu & Maharashtra]

 

We in India take pride in preserving the institution of democracy, even though the country has serious problems of poverty, illiteracy and unemployment. But when it comes to quality, we are categorised as a 'flawed democracy'.

According to the annual survey published by the Global Research Org, India appears in the category of 50 "flawed democracies" covered by the survey. 30 are full democracies, 36 are hybrid democracies and 51 authoritative regimes.

 

We may ask why our country is not recognised as a full democracy when we have constitutional guarantees of fundamental rights, free and fair elections supervised by the Election Commission, plurality of choice, independent judiciary and a free press. The truth we have clear deficiencies in the functioning  of our democratic system and our uncritical acceptance of the basic flaws prevents us from graduating to a full democracy.  What are these flaws?

 

Flaw 1) Low level of people's participation in the democratic process;

The extent of people's participation is the most important criterion for assessing the strength of our democracy. Because of the large electorate, the democracy is necessarily representative but the participation is practically limited to the casting of votes at election time.

 

Flaw 2) Degradation of our political culture

Our political parties have become in most cases instruments of power for a few individuals and their families. Elections to various party posts have been substituted by nominations by the party supremo and those occupying such positions never  have the necessary credentials.

The rank and file are not informed about discussions between leaders on pre-election alliances and these discussions usually fail because of lack of agreement on the sharing seats. Even crucial decisions like choice of ally are taken by the party high commands and the lower cadres only get to know the outcome after decisions are taken. Lack of inner party democracy has been the bane of almost all Indian political parties.

 

Most people believed that India would grow into a healthy democracy after independence because of Gandhi's legacy. Gandhi had insisted on strict adherence to principles of absolute integrity, honest means and ends, and a firm commitment to the welfare of the poor. Unfortunately, his wishes were put aside after his death and few leaders rose to the high values that he had set. Instead, pervasive corruption in all walks of public life has become the norm. People have ceased to be shocked at current practices at election campaigns - the unashamed use of cash-for-votes, candidates with a record of murder and rape, the exploitation of communal and caste loyalties. The 2009 elections may set an all-time high 'cash-for-votes' record and senior leaders have stooped to the lowest ethical level of personal vilification and abuse of their rivals.

[END OF ARTICLE]
==============

Complexity shouldn’t be a refuge for inaction nor should it daunt anyone from grasping critical issues. Neither should it mislead us into taking stock of “every feasible analysis†as not only it would be distracting & time consuming, but mostly would produce oxymoronic propositions. Since you seem to be overly exercised by Maoists, I would offer you an interesting comment by Rahul Banerjee, a refreshing thinker and a solid grassroots activist, whom I discovered on another forum.

I believe he has captured the essence of such debates very ably in simple & few words.  I can’t do better.

You may read full exchange here : http://groups.yahoo.com/group/chhattisgarh-net/message/

Re: Do we live in a democratic country? : A report from Jashpur

Rahul,

you have made an excellent case for the direction in which the real debate should move by contextualising in the praxis the debate over "which system is better". I urge all those who are seriously concerned with these issues to contemplate over your statement, and to debate & develop an alternate model of collaborative & participative communities. Additionally, hard questions need to be answered about the balance : what to sacrifice and why, what to retain and why?

This is not going to be easy. But it is better to attempt real change even if there is no guarantee of success, rather than succeed in ways where ultimately failure is guaranteed.

Sadanand.
+91 99 234 24 661

____________
--- In chhattisgarh-net@yahoogroups.com, rahul <aarohini@...> wrote:

The best is pretty bad indeed if it cannot ensure a decent livelihood for most of the population in liberal democratic countries.
It is pointless to argue whether liberal democracy or Marxism is best because both are bad as far as their implementation is concerned.
So when proponents of these ideologies castigate each other its mostly a case of the pot calling the kettle black.

Democratic practice is at its best in smaller communities and both liberal democracy and Marxism as practised have negated decentralised democracy.
The challenge therefore today is to reconcile centralisation and decentralisation so as to optimise democracy.
If we opt for anarchist and communitarian democracy then much of the good that has come from modern development will also have to be sacrificed with the bad.
If we let business go on as usual then very soon we will finish off the earth with over consumption and many other ills.
So there has to be a balance between centralisation and decentralisation, consumption, production and the social and environmental capacities.
Coming back to the debate between liberal democracy and Marxism the latter emerged as a reaction to the ills of capitalist liberal democracy.
There has been a considerable amount of give and take between the two in actual practice, whatever the theory.
 But both have remained straightjacketed in practice in the statist mode.
Consequently even in Marxist states the actual control of resources and decision making have been concentrated in the hands of a few as in liberal
democratic capitalist states.
So it would be more profitable to study and critique the similarities between the two going into the future rather than engage in inane contests as to which of them is best.

Rahul Banerjee

 
 



--
You may charge me with murder --
Or want of sense
(We are all of us weak at times):
But the slightest approach to a false pretence
Was never among my crimes.

#8247 From: "SADANAND PATWARDHAN" <2Sadanand@...>
Date: Sat Jul 3, 2010 11:40 am
Subject: RE: [Arkitect India] Fw: How bad the situation is?
sadanandpatw...
Send Email Send Email
 

Edsa -:

 

Leave alone India, I believe, that practice of “liberal democracy†& “Marxism†do not make sense for anybody. I would caution anyone from thinking that notions of people’s power (ideal of Democracy) and Egalitarian society (aim of Marxism) are foreign to India or to cultures other than Western.

 

Regards,

Sadanand

 

PS : “Addicted to War†documents several instances where the US State has gone to war or continued bloody engagements despite overwhelming public opinion (of US citizens) against it. I wonder if this finds mention in the survey of Global Research Org.

 

From: arkitectindia@yahoogroups.com [mailto:arkitectindia@yahoogroups.com] On Behalf Of Edsa
Sent: 03 July 2010 02:42
To: arkitect India
Subject: [Arkitect India] Fw: How bad the situation is?

 

Hello Sadanand and Rahul,

Rahul has referred to 'Liberal democracy' and Marxism. He seems to have no quarrel with these western political ideologies. But do they make sense for a country like India - impoverished (80% live on under Rs 20 a day), malnourished (40% of world's hungry children live in India), a third illiterate and dominated by caste, gods and gurus?

Shouldn't India work out its own ideologies? China for example devised its own Maoist ideology but poor India is known to invent nothing, It merely copies and latches on to whatever is on offer. Thus there is no Indian Communist brand - they have Marxist and Maoist versions. I guess it was Nehru, made in the British image, who unthinkingly imposed the British form of democracy on his people. He didn't bother to adapt it to Indian conditions. All Indian state institutions (parliament, courts, police system etc) are borrowed as VS Naipaul said in his early writings. But they have all degraded and the likes of PM Singh have no clue how to re-invigorate them

 

I suggest Rahul clarifies what he means by 'liberal democracy' in the context of India's society today. He should next reflect on India's sham elections where the people mechanically vote for candidates they don't choose and whom they cannot recall for misdemeanors. Meanwhile most of the legislators are millionaires.

Below are extracts from an article BY PC Alexander.

Best wishe

Edsa

 


 "Ours is a flawed democracy" by PC Alexander, Asian Age, 22 April 2009
[Alexander was Indian Commissioner in London and later Governor of Tamil Nadu & Maharashtra]

 

We in India take pride in preserving the institution of democracy, even though the country has serious problems of poverty, illiteracy and unemployment. But when it comes to quality, we are categorised as a 'flawed democracy'.

According to the annual survey published by the Global Research Org, India appears in the category of 50 "flawed democracies" covered by the survey. 30 are full democracies, 36 are hybrid democracies and 51 authoritative regimes.

 

We may ask why our country is not recognised as a full democracy when we have constitutional guarantees of fundamental rights, free and fair elections supervised by the Election Commission, plurality of choice, independent judiciary and a free press. The truth we have clear deficiencies in the functioning  of our democratic system and our uncritical acceptance of the basic flaws prevents us from graduating to a full democracy.  What are these flaws?

 

Flaw 1) Low level of people's participation in the democratic process;

The extent of people's participation is the most important criterion for assessing the strength of our democracy. Because of the large electorate, the democracy is necessarily representative but the participation is practically limited to the casting of votes at election time.

 

Flaw 2) Degradation of our political culture

Our political parties have become in most cases instruments of power for a few individuals and their families. Elections to various party posts have been substituted by nominations by the party supremo and those occupying such positions never  have the necessary credentials.

The rank and file are not informed about discussions between leaders on pre-election alliances and these discussions usually fail because of lack of agreement on the sharing seats. Even crucial decisions like choice of ally are taken by the party high commands and the lower cadres only get to know the outcome after decisions are taken. Lack of inner party democracy has been the bane of almost all Indian political parties.

 

Most people believed that India would grow into a healthy democracy after independence because of Gandhi's legacy. Gandhi had insisted on strict adherence to principles of absolute integrity, honest means and ends, and a firm commitment to the welfare of the poor. Unfortunately, his wishes were put aside after his death and few leaders rose to the high values that he had set. Instead, pervasive corruption in all walks of public life has become the norm. People have ceased to be shocked at current practices at election campaigns - the unashamed use of cash-for-votes, candidates with a record of murder and rape, the exploitation of communal and caste loyalties. The 2009 elections may set an all-time high 'cash-for-votes' record and senior leaders have stooped to the lowest ethical level of personal vilification and abuse of their rivals.

[END OF ARTICLE]

==============

Complexity shouldn’t be a refuge for inaction nor should it daunt anyone from grasping critical issues. Neither should it mislead us into taking stock of “every feasible analysis†as not only it would be distracting & time consuming, but mostly would produce oxymoronic propositions. Since you seem to be overly exercised by Maoists, I would offer you an interesting comment by Rahul Banerjee, a refreshing thinker and a solid grassroots activist, whom I discovered on another forum.

I believe he has captured the essence of such debates very ably in simple & few words.  I can’t do better.

You may read full exchange here : http://groups.yahoo.com/group/chhattisgarh-net/message/

Re: Do we live in a democratic country? : A report from Jashpur

Rahul,

you have made an excellent case for the direction in which the real debate should move by contextualising in the praxis the debate over "which system is better". I urge all those who are seriously concerned with these issues to contemplate over your statement, and to debate & develop an alternate model of collaborative & participative communities. Additionally, hard questions need to be answered about the balance : what to sacrifice and why, what to retain and why?

This is not going to be easy. But it is better to attempt real change even if there is no guarantee of success, rather than succeed in ways where ultimately failure is guaranteed.

Sadanand.
+91 99 234 24 661

____________
--- In chhattisgarh-net@yahoogroups.com, rahul <aarohini@...> wrote:

The best is pretty bad indeed if it cannot ensure a decent livelihood for most of the population in liberal democratic countries.
It is pointless to argue whether liberal democracy or Marxism is best because both are bad as far as their implementation is concerned.
So when proponents of these ideologies castigate each other its mostly a case of the pot calling the kettle black.

Democratic practice is at its best in smaller communities and both liberal democracy and Marxism as practised have negated decentralised democracy.
The challenge therefore today is to reconcile centralisation and decentralisation so as to optimise democracy.
If we opt for anarchist and communitarian democracy then much of the good that has come from modern development will also have to be sacrificed with the bad.
If we let business go on as usual then very soon we will finish off the earth with over consumption and many other ills.
So there has to be a balance between centralisation and decentralisation, consumption, production and the social and environmental capacities.
Coming back to the debate between liberal democracy and Marxism the latter emerged as a reaction to the ills of capitalist liberal democracy.
There has been a considerable amount of give and take between the two in actual practice, whatever the theory.
 But both have remained straightjacketed in practice in the statist mode.
Consequently even in Marxist states the actual control of resources and decision making have been concentrated in the hands of a few as in liberal
democratic capitalist states.
So it would be more profitable to study and critique the similarities between the two going into the future rather than engage in inane contests as to which of them is best.

Rahul Banerjee

 

 


#8248 From: "SADANAND PATWARDHAN" <2Sadanand@...>
Date: Sat Jul 3, 2010 4:41 pm
Subject: The Story that was not!
sadanandpatw...
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These heartrending pictures of grief over loss of near & dear ones to violence would move the most inured hearts. The woman on the left is Kovasi Dhoole, and on the right is Madkam Hidme; both lost their husbands to the State violence unleashed in the jungles of Dandakaranya. Dhoole was feeding her youngest daughter in her hut while Hidme was busy winnowing grains outside her home; when the joint search party of Chhattisgarh Police & CRPF arrived in their village on the morning of 29th June 2010 during a search & comb operation, rounded up the villagers from the surrounding fields, and shot dead 4 people on suspicion of being Maoists. The husbands of these two women were among the dead. Correspondents, who reached the remote & inaccessible village after an arduous journey by bus, motorcycle and finally on foot, brought out this story of blatant violations of human rights taking place away from all the din of our metropolises. They worked against great odds and by taking huge risks in face of the blockade imposed by the central & state government on access to these areas.

 

But do the women in the picture above look like Adivasis? I don’t know if there is a template for Adivasi-looks, but the pictures above are not of Adivasi women. Both women by coincidence are Mrs. Das & belong to Assam (Dadara & Sibsagar). In fact they are the wives of two men among the 27 security personnel killed in the ambush by Maoists near Daudhani in Narayanpur District of Chhattisgarh state. Just because they are wives of CRPF men doesn’t make their tragedy any less poignant or less human than my imagined story, which too approximates countless stories of victims on the other side of Operation Green Hunt (OGH). Only difference is, and it is a defining difference, that when victims of OGH are from among the ranks of security forces then mainstream media saturates the sound bytes of news; but when victims are from among the Adivasis the same media enthusiastically reacts with deafening silence. There are notable exceptions though, but alas they are pitifully few. Stories of brutal State violence would have died an obscure death but for a few courageous journalists (& publications) from mainstream media such as, Tusha Mittal/ Ajit Sahi  of Tahelka, Aman Sethi of The Hindu, Javed Iqbal of New Indian Express, Smita Gupta/ Tribhuvan Tiwari of Outlook, etc. Maoist excesses too haven’t escaped their radars & their accounts have faithfully recorded these too in the true spirit of independent journalism. But they have also unwittingly helped save the pretense of an independent media - acting without fear or favour - alive, but just barely. Mainstream media by & large has become so seamlessly embedded in the narrative that Indian State would like its citizenry to believe as to appear the government’s “Department of Audio Visual Publicity (DAVP)â€.

 

When reporting on such tragic deaths of security personnel in Maoist violence the media professes great love & respect for them by showering encomiums like patriots, brave soldiers, हà¥à¤¤à¤¾à¤¤à¥à¤®à¤¾, à¤¶à¤¹à¥€à¤¦, and so on. A case in point is of young 27 year old Jatin Gulati, Assistant Commandant, who died in the ambush near Daudhani, where he had arrived just days earlier after a training stint in Assam.

Usually it is the Defense Forces (Army, Navy & Air Force), the keepers of our borders, that enjoy the prestige of valour & patriotism. Has anyone ever heard of joining CRPF or CISF out of a sense of patriotism? CRPF were to be used for controlling public unrest and restoring “law & order†when police have failed. They come into the picture when tempers have frayed and are trained to use physical intimidation, baton charge or bullets, to disperse mob. However they have been routinely used to quell people’s democratic resistance to forcible land acquisition, industrial disputes, & to social or economic injustices. There is very little goodwill for them among the populace. But the situation is not of their doing. It is due to the savage way in which they are treated by the State machinery and are then expected to behave in the same manner with the people. The working conditions among the police and paramilitary forces are pathetic, but among the CRPF they are worst.

“…..JUST WALK around the paramilitary headquarters in Delhi and this honour fatigue begins to unravel. Talk to a constable under a tree and word spreads that someone is asking about their troubles. The jawan inside the canteen, the jawan walking with heaps of files to the grievance department, the jawan loading trucks, all stop to listen in. Everyone wants your number on a scrap of paper. They can’t talk now, but they all have a story to tell. Of how they have lived in torn tents with no drinking water. Of how the holes were big enough for heat waves and pouring rain. Of how the officers live in concrete houses with three servants. Of how it’s not the government, but their own departments that ensure the welfare schemes never reach them. Of how salaries are cut even when they are injured on duty. Of how a jawan does not get paid if he is in hospital for more than six monthsâ€.

These men are queuing up to quit the force, and may be take up some jobs as private security guards somewhere. The above paragraph is from Tehelka’s Raman Kirpals’ report on the brewing crisis in the paramilitary forces : “soldiers of MISFORTUNEâ€.

Have you ever seen mainstream media demanding of the Home Ministry and P Chidambaram to do something, and do urgently, about these pathetic work conditions of the security forces? No! But minute they die in a conflict, which has been foisted on both the Adivasis and the security forces alike by the ruling gentry who owns the media anyway, there are wild protestations of love & admiration for the patriotism of the security forces. Does the state itself behave any differently? P Chidambaram on 30th June tells Raipur, Revisit CRPF deployment : “….that the increase in attacks on Central forces had something to do with the manner in which they were deployed by the state government in “difficult†and “extremely vulnerable†areas, possibly without much operational justificationâ€. The next day DGP Vishwa Ranjan retorts, If CRPF keeps getting ambushed, what can we do : “….It is our responsibility to deploy the Central forces. If the CRPF is frequently getting caught in ambush, can we do anything? Can we teach them how to go about it? “. Doesn’t this exchange between two of the highest ranking functionaries of state - one darling of the national media the other of state - smack of utter callousness towards the forces they are supposed to lead.

 

P Sainath captured this duplicity very eloquently :

How agonized we are about how people die.

How untroubled we are by how they live.

 

Tribals are resisting once again their forcible eviction from the forests as they have done from the time of the Mahabharata to right up to colonial times and after. They have no choice in the matter. Security forces have been sent there to evict them. They don’t have a choice either. This is a war from which neither of them is going to benefit. But the war nonetheless is brutalizing both of them; it is depriving them of their humanity. Only those who are not amidst the conflict have the luxury to choose one death over the other.

--
Posted By Sadanand to Searching Alternate Narratives at 7/03/2010 09:47:00 PM

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#8249 From: Sukla Sen <suklasenp@...>
Date: Sun Jul 4, 2010 1:59 am
Subject: Re: It is not an encounter at all!! It is a cold blooded murder by AP Police!!
suklasenp
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Loss of human life is of course unfortunate. More so, when such loss was 
otherwise avoidable, and particularly so, when it is on account of detestable
bloody conflicts.

In view of the serious allegations of murder, packaged as "encounter", and
conflicting claim by the police; the demand for a credible enquiry becomes just
inevitable.

However, the call for avenging the death is as disturbing.
One would shudder to think that this would come in the form of more derailment
of passenger trains, mine blasting of passenger buses and beheading of unarmed
civilians being tagged as "informers", apart from ambushing of troops of state
security personnel.

It is interesting to note that this (purportedly) official statement makes no
mention of Azad's efforts for peace describing it as the cause for his "murder"
as had been done in an anonymous dispatch just a day back.
It also frankly owns up Hem Pandey - the other slain one, as one of their own,
otherwise identified as a journalist (ref.:
<http://www.zeenews.com/news638496.html>).

The repeated use of "June 1", obviously for "July 1", is somewhat intriguing.
Maybe the pressure of "revolutionary war" is telling.

Quote
Will Chidambaram expect CPI (Maoist) to sit for talks with his blood on his
hands of com. Azad and com. Hem Pandey?
Unquote
That hardly makes any sense.
If Chidambaram is expected to sit for peace talks, as he ought to, even after
repeated slaughters of security personnel and civilians by the Maoists; why
should there be a different standard for the Maoists?

Sukla

________________________________
From: john reed <reed2link@...>


COMMUNIST PARTY OF INDIA (MAOIST)

CENTRAL COMMITTEE

North Regional Bureau

Press statement

3rd July, 2010

It is not an encounter at all!! It is a cold blooded murder by AP Police!!

Red Salutes to Martyrs com. Azad (Cherukuri Rajkumar) and com. Hem
Pandey (Jitender)!!

Let us avenge the killings of the beloved comrades by the khaki clad
fascist gangs of AP government!!

Azad was arrested at Nagpur on June 1st along with com. Hem Pandey

On June 1st, the notorious Andhra Pradesh Special Branch Police for
its abductions and cold blooded murders, have arrested com. Azad,
Polite Bureau member and Spokesperson of CPI (Maoist), and com. Hem
Pandey, a zonal committee level comrade in Nagpur city around 11’o
clock when they went to meet a comrade who was supposed to receive
them from Dandakarnaya zone. Com. Azad reached Nagpur around 10 am on
the fateful day along with com. Hem Pandey, after travelling from long
distance.  With specific information, the lawless goons of AP SIB
abducted them, perhaps flown them in a helicopter, to Adilabad jungles
near Maharashtra border and killed them point block and in cold blood.

We pay our red homage to our beloved comrades and vow to take
vengeance of these killers.

Life of com. Azad

Comrade Azad is one of the senior most party leaders of CPI (Maoist).
He was born in Krishna district of AP, in a well to do family. He did
his school education in Sainik School, at Korukonda of the present
Vizianagaram District.  Com. Surapuneni Janardhan, a legendary comrade
of the student movement brought com. Raj Kumar into RSU in 1974. A
brilliant student at the Regional Engineering College, which became
famous as Radical Engineering College in those days, he finished his
Mtech in Chemical Engineering and moved to Vishakhapatnam as per the
Party direction.  He was the second president of AP Radical Students
Union till 1984. He was the catalyst behind many all Andhra wide
student agitations and peoples movements in that period. He became the
district committee member of vizag unit of the CPI (ML) (PW). He moved
length and breadth of India, to organize the Seminar on Nationality
question held in Madras (now Chennai) in 1981. He was shifted to
Karnataka in 1982 and com. Azad was one of the founder members of the
Karnataka Party and worked as the secretary of the Karnataka State
Committee. He was taken into CC, after the Central Plenum in 1990. He
was the elected member of CC in the All India conference in 1995 and
since then he served in CC and PB. He continued in those posts after
the formation of CPI Maoist too in 2004. He has been the spokes person
of the CC since then.

Known for his simple life and hard work; voracious reading and
brilliant analyses of situations, crystal clear articulation and sharp
logic, and fine organizational skills, he contributed widely to the
revolutionary movement in many spheres. He wrote profusely to the
People’s March, Peoples war (theoretical organ of the CPI (Maoist),
and to the Maoist Information Bulletin. He wrote a fine critique of
the intellectuals of AP, who got disillusioned and lost faith in
revolutionary movement after the 1990 events of collapse of soviet
imperialism and its satellite regimes.

In his death, the Indian revolutionary movement lost an exemplary
comrade and a shining star, who served the movement more than three
and half decades.

Just before his last journey, he received questions for interview from
a well known magazine. He replied that he was in the journey and would
send the answers as early as possible.

It is not Sukhdev, but com. Hem Pandey of Uttarakhand who was killed by APSIB

Com. Hem Pandey, 30, hailed from a nearby village of Pithoragarh town
of Uttarakhand State. He did his MA history in Nainital University and
got himself registered in PhD. While he was in college, he was active
member of AISA, and slowly realizing he pseudo revolutionary character
of AISA politics, he moved to the radical groups, later in 2001 he
joined the then CPI (ML) (PW). He organized peasantry in the
mountainous villages in Almora district, taking up umpteen numbers of
issues of peasantry, including the problems arose out of Binsar
Sanctuary. Soft-spoken, bespectacled, lean and energetic Com. Hem won
the love of people of that region. He was moved into more important
works in 2005. He had done his new assignments with patience and
endurance.  His appetite for learning new things, reading more and
more, and zeal for penning his ideas are things for the emulation for
all the revolutionaries. He has written various articles to
newsmagazines under various pen names.  We request the civil rights
organisations to demand the A P police to send the body of com. Hem
Pandey to his bereaved mother who is in Haldwani, Uttarakhand state,
who is his sole surviving parent.

APSIB- the Indian avatar of Mossad

The Andhra Pradesh Special Intelligence Bureau, which has been
partially trained partially by the Mossad, has acquired the notoriety
of its master trainer-Mossad, in India. It has been moving across the
state borders, and conducting abductions and cold blooded murders with
impunity. This is all happening with clear blessings of Manmohan-
Sonia and Chidambaram. This fascist gang has established its tentacles
all over India, resorting the killings of revolutionaries, scoffing at
the recent AP high court judgement that all encounters are to be first
booked as murders under IPC 302, Ultimaely these killers will be taken
to task by the revolutionary masses.

Will Chidambaram expect CPI (Maoist) to sit for talks with his blood
on his hands of com. Azad and com. Hem Pandey?

CPI (Maoist) never contested or raised any hue and cry in the case of
real encounters. The AP Police is resorting to globbeian lies, not
believed even by gullible. CPI (Maoist) stood for truth and
accountability to the people, and always stated facts. There is no
such programme of Azad going to Sarkepally forest of Adilabad.  Azad
was going to discuss with our comrades, inter alia, the concrete
proposals of well meaning people like Swamy Agnivesh about particular
dates for the mutual cease fire. He was a carrying the confidential
letter of Swamy Agnivesh written to Azad dated- 26th June 2010. Will
Chidambaram expect CPI (Maoist) to sit for talks with his blood on his
hands of com. Azad and com. Hem Pandey? He calls repeatedly to us to
abjure violence? Killing the unarmed comrades by AP Police with your
blessings – is it not like devils chanting scriptures?

White lies by AP Police

When there is no movement and organization in Adilabad, what is the
necessity of Azad going to Azad? That the police found AK47 is again
white lie. He alighted from a train around 10 am along with com. Hem
Pandey in Nagpur Station, and was caught by the APSIB unarmed.  Is the
government following its own constitution of article 21? Is the
government following kernel of the Geneva Convention that “defenceless
persons†should not be harmed? Is it not utter  hypocrisy and hoax
that on one hand the government is placing the prevention of torture
bill and  the police every minute resorting to the torture of the
detained? It is a concocted story of encounter repeated ad nauseum, by
the AP Police, churned out to the media umpteen times. The right life,
guaranteed under the constitution is mocked and the right to be
produced within 24 hours of the arrest is metamorphasized into killing
within 24hours of arrest, so that there is no scope for any redressal
by their near and dear.

We appeal to the civil rights organizations, democrats, patriots to
raise to raise to the occasion thoroughly investigate this fake
encounter as an example of extra judicial killing that are happening
in scores in this country and bring out the truth before the people.



Ajay,

Spokes Person,

CPI (Maoist)

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#8250 From: Sukla Sen <sukla.sen@...>
Date: Sun Jul 4, 2010 12:50 am
Subject: Mumbai Consultations on Civil Liability for Nuclear Damage Bill 2010 [1 Attachment]
suklasen
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[Attachment(s) from Sukla Sen included below]

Dear Friends,


The invite for the Mumbai Consultations on July 7, at the Convocation Hall, University of Mumbai, 3 PM onwards is attached.

Also reproduced below is a sample letter, which one may directly mail to <rsc-st@...> to lodge one's objections by 9th instant.
Just to recall, the Parliamentary Standing Committee which is now examining the 'Civil Liability for Nuclear Damage Bill 2010' has, through a public notification, asked for comments from the public on the Bill by July 9.

Sukla

To

Dr. T. Subbarami Reddy,

The Chairman,

Parliamentary Standing Committee on Science & Technology, Environment & Forests,

New Delhi

 

Sub: Submission on 'Civil Liability for Nuclear Damage Bill 2010'

Ref.: Public Notification dated June 24 2010 (Re.: <http://164.100.47.5/newcommittee/press_release/press/Committee%20on%20S%20and%20T,%20Env.%20and%20Forests/PRESS%20Release_English_.pdf>)

Sir,

 

Pursuant to your public notification inviting comments from the members of the general public, the following submission is made.

The submission is divided into two parts: one, the background/explanatory notes/comments; twoupdated list of specific suggestions.

 

I. Background Note.

The defining features of the Bill, to our understanding, are as under:

 

One, it is an attempt to enact a law defining and tackling civil liability for nuclear damage, which does not obtain as of now, to facilitate participation of foreign players in Indian nuclear market.

 

Two, the Bill is also a move towards joining the Convention on Supplementary Compensation (CSC) regime by enacting a law in alignment with that.

 

Three, the Bill is a stepping stone to ensure entry of private players, whether foreign or indigenous, as "operators", as had been demanded by the FICCI in its June 2009 Report.

But the Bill proposes to go way beyond the CSC framework to roll out a red carpet for the prospective private players to assume the mantle of "operator".

 

Our major concerns, in brief, are as under:

 

A. The entry of private players as "operators" is too dangerous given the unique nature of nuclear power industry and its catastrophic potentials, as chillingly illustrated by the Chernobyl Disaster on April 26 1986. The fact is that profit maximisation is the very raison d'etre of a private enterprise giving rise to the consequent innate tendency to cut corners in terms of safety measures. Regulatory mechanisms can at best only “regulate”. Hence, the envisaged ushering in of private players as “operators” of nuclear power plants is an open invitation to disaster.

What is of great relevance here is that the CSC framework in no way obliges the country to open doors to private players, foreign or indigenous, as “operators” of nuclear power plants.

 

B. There must not be any overall "cap" on the quantum of compensation to potential victims. That is too unjust and inhumane. It has to relate to the actual damages caused. The overall “cap” of 300 million SDR, which works out to about 460 million US$, is even lower than the compensation amount of US$ 470 million ratified by the Indian Supreme Court to the victims of Bhopal Gas Disaster way back in 1989.

The CSC, again, does NOT so obligate. It actually allows for a three-tier compensation regime. Up to a limit, or “cap”, of 300 million SDR, in the first tier, to be paid by the “operator” or the national government, as per the law of the land. Then another tier, to a further 300 million SDR or so to be drawn from the common pool of funds maintained by the CSC. And then the national government may, at its own option, pay even beyond the upper limit of this second tier limit without any “cap” whatever.

 

C. The Bill pegs the “liability” of the private “operator” at Rs. 500 crore per incident, with the further proviso to lower it down to even paltrier Rs. 100 crore. And the state, i.e. the Indian taxpayers/citizens, will have to pay, in case of an accident in a privately operated nuclear power plant, the amount of “liability”, i.e. compensations for damages, exceeding the “cap” for a private "operator" subject to the overall limit of 300 million SDR. 

Even in this case, The CSC does NOT obligate to peg the "cap" for the "liability" of any "operator" any lower than 300 million SDR, which amounts to around Rs. 2,100 crore or 460 million US$. And while the CSC obligates that there must be a cap of 300 million SDR, it does not envisage any overall cap on the compensation to be made available to the victims by a member nation.

This is evidently a brazen attempt to favour private enterprises at the cost of Indian citizens. And a lower “cap” for a private “operator” would only further strengthen its intrinsic propensity to cut corners in the realm of “safety”, with nightmarish prospects.

II. Specific Suggestions (Updated – based on oral presentation on 24 06 2010)

 

Contentious Clauses

Draft Bill Provides

Suggestion/Amendment

Explanation/Comment

1.

Atomic Energy Regulatory Board to notify incident

 

(Chapter II, Cl. 3)

 

 

 

Any private citizen, or group, will have the right to draw the attention of the AERB to an alleged “incident’ in case it is not notified by the AERBsuo moto. The AERB shall duly examine and respond to such request.

The AERB must be made autonomous of the DAE. Its functioning must be monitored by an independent experts’ body.

 

2.

Channelising the liability to “operator”.

 

(Chapter II, Cl. 4 (1))

 

 

The operator for the nuclear installation shall be liable for nuclear damage …

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To be further added:

The operator shall deposit a sum of 300 million SDR in an escrow account for each nuclear reactor to be operated before start of operation.

This is a welcome provision as otherwise there would be no pre-designated (singular) source from which the compensations for the victims to be obtained. And the whole process could turn utterly cumbersome and lengthy.

However, there must be adequate provisions for the operator to claim compensations, in turn, from the supplier/designer/consultant etc., as the case may be, without diluting its liability to the victims.

 

This will eliminate much of possible complications in the event of an “incident”.

 

3.

Exceptions to the operator as regards liability

 

(Chapter II, Cl. 5(1) i & ii)

 

 

 

“grave natural disaster …”

 

 

 

 

 

 

 

The list of exceptions, under Cl. 5(1) (ii), includes “terrorism”.

 

 

 

 

To be dropped in entirety.

 

 

 

 

 

 

To drop “terrorism” from the list.

 

 

 

 

 

 

 

The corresponding CSC clause - Annex, Article 3, 5. b. - provides that national law may have provision to drop such circumstances from the list of exceptions.

 

It does not figure in the corresponding CSC clause: Annex, Article 3, 5. a.

 

The concept of “strict liability” being the foundational concept, such exceptions, and consequent transfer of liability for damage under such circumstances to the “Central Government”, and thereby to the Indian taxpayers, in case of a private operator, is wholly undesirable and unjustified.

 

4.

A.

The total cap on liability

 

(Chapter II, Cl. 6(1)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

B.

Limits of liability of a (private) operator

(Chapter II, Cl. 6(2) and 7(a) and (c))

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C.

Cl. 6. (2), para 4

 

 

The maximum amount of liability in respect of each nuclear incident shall be the rupee equivalent of three hundred million Special Drawing Rights.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rs.500 crore as operator liability ceiling, with a provision for reduction to Rs. 100 crore.

The balance, if any, up to 300 million SDR to be paid by the Central Government.

 

 

 

 

 

 

 

 

Provided also … cost of proceedings.

 

 

In case of an “incident” of exceptional gravity, the cap on the liability of the Central Government shall stand withdrawn through due notification by the Claims Commission.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This provision to be dropped.

The operator is to be held liable for compensation up to 300 million SDR, as in case of the Central Government as operator under Cl. 7 (b).

 

 

 

 

 

 

 

 

Cl. 6 (2), para 2 & 3 shall be deleted, in any case.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To be amended as:

Provided also that the amount of liability as provided above is exclusive of any interest or cost of proceedings.

 

There must not be any cap on total liability.

This, by the way, does not contradict the provisions of the CSC.

 

Three hundred million SDR (equivalent to about US $ 450 million, depending on the exchange rate obtaining)  is, in any case, too paltry.

In case of Bhopal gas disaster, the compensation amount settled (to be paid by the UCC) back in 1989 was 470 million US $. That was pretty much inadequate.

In case, of oil spill in the Gulf of Mexico, the BP has committed aninitial amount of US $ 20 billion. And there will be no cap. In the US, in case of a nuclear accident, the first 300 million US $ to come from the respective insurance cover, then up to US $ 10 billion from a common pool of funds maintained by the nuclear industry. Beyond that, the Federal Government, without any cap. (Ref.: P. 2/4 of ‘The Price-Anderson Act: Background Information: November 2005’ at <http://www.ans.org/pi/ps/docs/ps54-bi.pdf>.)

 

No lower limit of liability for (private) operator.

Clauses (6 & 7, in particular) to be modified accordingly.

 

The Convention for Supplementary Compensation (CSC) does not obligate the GoI to go in for such differentiated liabilities, one for private operator and another for the state affiliated operator.

 

The discretionary provision for lowering the limit any further (to Rs. 100 crore), under Cl. 6 (2), para 3, is utterly unjustified. That makes nonsense of the “cap” of Rs. 500 crore. And the whole process of determining the “cap” appears to be entirelydiscretionary.

5.

Claims Commission

 

(Chapter III, Cl. 9 (2))

 

 

The Claims Commission must include member(s) of the medical profession with an established track record of engaging with people’s health issues to ensure the proper assessment of the health impact of an “incident”.

 

 

6.

Operator’s “right of recourse”

(Chapter IV, Cl. 17 (a), (b) and (c))

 

 

 

 

To be added:

The contract between any and every operator and its supplier(s) (of equipment, material or services, as the case may be) must include in writing a provision to the effect that the operator shall have the right of recourse in case of an “incident” without any exception, including as regards the damage to the equipment/plant/site.

 

 

The reported move of dropping the Cl. 17 (b) is utterly objectionable, as explained above (at entry 2).

 

 

This will make the supplier all the more cautious about the quality and when the Central Govt. is the operator it will not be able to waive the right of recourse clause under the pressure of lobbying or whatever.

This evidently will benefit the Indian taxpayers in case of an “incident”.  

7. A.

Extinction of right to claim

(Chapter IV, Cl. 18)

 

 

 

 

 

B.

The right to claim compensation for any nuclear damage caused by a nuclear incident shall extinguish if such claim is not made within a period of ten years from the date of incident notified …

 

(Para 2)

Provided that where a nuclear damage is caused  …. But, in no case, it shall exceed a period of twenty years …

The limit of 10 years is too short.

To be made 30 years at least.

 

.

 

 

 

 

 

 

 

 

 

 

 

 

 

Under such circumstances, the Central Government must duly examine a claim and pay appropriate compensation by routing the case through the AERB.

This would, however, be a departure from the norms of the CSC

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

It means that in case of a damage arising out of a nuclear incident caused by some nuclear material stolen more than twenty years back, the victim will have no right to any compensation.

That is totally unacceptable.

 

8.

Exclusion of jurisdiction of civil courts

(Chapter V, Cl. 35)

 

 

 

 

 

 

 

While no civil court must have any right to intervene in the conduct of proceedings by the claims commission and ready implementation/enforcement of its award/order, much as in case of the Election Commission; there must be provision to for appeal to an appellate authority – High Court or Supreme Court, without affecting the immediate implementation/enforcement of the award/order by the claims commission.

 

Otherwise, it would be violation of natural justice.

 

 

9.

Offences and penalties (Chapter VI, Cl. 39 (1))

 

 

… shall be punishable with imprisonment for a term which may extend to five years or with fine or both.

 

 

To be amended as:

shall be punishable with imprisonment for a term which may extend to ten years, with or without fine.

 

 

The provision for penalty for not complying with the award, Cl. 36 (1) (b), for example, is too paltry.

In any case, this is onlymaximum.

And, the provision for imprisonment must not be substitutable by fine.

 

10.

Offences by companies (Chapter VI, Cl. 40 (1), para 2)

 

 

 

Provided that nothing contained in this sub-section shall render any such person liable to any punishment under this Act, if he proves that offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

 

 

This has to be amended as:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment under this Act, if he proves he exercised all due diligence to prevent the commission of such offence.

 

“that offence was committed without his knowledge or”: to be deleted.

This clause, in its present form,violates the principle of command responsibility and thereby would ensure that minions are punished in case of violations and senior officers go scot free.

 

11.

Immunity toCentral Government and its employees

(Chapter VII, Cl. 47)

 

 

 

No suit … thereunder.

 

 

This is to be dropped in entirety.

 

 

No such immunity in operating a nuclear plant/installation is called for. Such immunity will only engender criminal negligence and worse.

12.

Power to remove difficulties

(Chapter VII, Cl. 49 (1), para 2)

 

 

 

 

Provided that no order shall be made under this section after the expiry of three years from the commencement of this Act.

 

 

 

This para is to be dropped in its entirety.

 

 

 

 

 

If the Indian Constitution needs be amended even after sixty years of coming into force, why the limit of “three years” here?

 

 

13.

General point

Compensation for environmental damage

 

 

 

Any public spirited group or citizen, apart from public bodies like Gram Sabha, panchayat, municipality etc. and affected persons, must be entitled to raise such claims.

There must be a clear provision towards that.

And, also who will receive such amount?

 

Under “Definitions” (ref. Chapter I, Cl. 2 (f) (iv), “nuclear damage” covers “impaired environment”.

It is, however, not provided who can lodge claims for “costs of measures of reinstatement” as mentioned therein.

 

 

Thanking you,

 

 


Date: .. 07 2010

 

Cc.: Members of the Standing Committee:

 

Members from the Rajya Sabha:

1. Shri S S Ahluwalia

2. Shri Rajiv Pratap Rudy

3. Shri Anil H. Lad

4. Shri Ramachandra Khuntia

5. Prof. Ram Gopal Yadav

6. Dr. Ejaz Ali

7. Dr. Barun Mukherjee

8. Shri Saman Pathak

9. Shri Jabir Husain

 

Members from the Lok Sabha:

1. Dr. Rajan Sushant

2. Shri D.V. Sadananda Gowda

3. Shri C. R. Patil

4. Smt. Kamla Devi Patle

5. Shri Yashwant Sinha

6. Shri Mansukhbhai D. Vasava

7. Kaisar Jahan

8. Shri Bibhu Prasad Tarai

9. Shri S.S. Ramasubbu

10. Shri Pradeep Tamta

11. Shri Francisco Sardinha

12. Shri Ninong Ering

13. Dr. Charan Das Mahant

14. Shri Gajendra Singh Rajukhedi

15. Shri Akhilesh Yadav

16. Dr. Ranjan Prasad Yadav

17. Shri Udyanraje Bhonsle

18. Shri Jayaram Pangi

19. Shri A. Ganeshamurthi

20. Dr. Mirza Mehboob Beg

21. Shri K.C. Singh Baba

and

Secretary to the Standing Committee, Mr. JP Sharma.

 

[In case of formatting problem here, may download the letter from <http://groups.yahoo.com/group/india-unity/message/37526>.]

--
Peace Is Doable

Attachment(s) from Sukla Sen

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#8251 From: "psn.1946" <psn.1946@...>
Date: Sat Jul 3, 2010 2:32 am
Subject: Re: [Arkitect India] Kandhamal verdict
psn.1946@...
Send Email Send Email
 
You have left out the sarkari and non-sarkari killers of Bhopal plant.
 
Sankaran

 
On 7/2/10, SADANAND PATWARDHAN <2Sadanand@...> wrote:
 

Will this be a beginning of a new phase in India? I doubt. But I still hope that 1984 Delhi and 2002 Gujarat victims of the pogroms by Congress & BJP too receive justice soon.

 

While delays in judicial trials is a complex issue, the speed is invariably the product of political conveniences. Wasn’t BJP in power sharing arrangement with BJD when Kandhamal shot into infamy? Was the fast track court constituted after BJD severed its links with BJP because it  thought it “politically incorrect (read not profitable)’ to continue the relationship? Correct me if my facts are wrong.

 

sadanand

 

From: arkitectindia@yahoogroups.com [mailto:arkitectindia@yahoogroups.com] On Behalf Of Amitabh Thakur
Sent: 01 July 2010 16:10
To: arkitectindia@yahoogroups.com
Subject: [Arkitect India] Kandhamal verdict

 

 

A stitch in time saves Nine

29th June 2010 must be considered an important day in the history of Indian judicial system. Not that some new law was promulgated on that day nor was any new judicial body set up. There was not even a major judicial structural change as well. Yet, what happened that day is something that would go a long way in restoring our faith in Indian socio-political structure. At the same time, it would help redeem the respect of Indian populace for our judicial system.
It is on this date that in Kandhamal district Orissa in, an important judgment was delivered that went on to sentence the powerful local politician and MLA from an important political party in matters related with communal riots. What is even more heartening is that the judgment was delivered by a fast-track court within a span of 2 years of the happening of the incidence. Manoj Pradhan, the influential leader of Kandhamal and a present-time MLA was supposed to be close to Swami Laxmanananda.
It was August 2008 that the murder of an important Hindu religious leader Swami Laxmanananda Saraswati and four of his aides had trigged a massive and highly damaging riot which went on for days (which has been alleged by many as being  a result of the deliberate laxity on the government’s part). The end result was what always happens in every riotous situations- the poor and the have-nots bore the brunt of the attack. While thousands of Christians were forced to leave their houses, the heat was equally felt by the poor Hindu tribal communities. It is alleged that Manoj Pradhan played a major role in instigating the riots and led it from the front, taking part in arson, murder and other heinous offences during the riots. Pradhan later got arrested and subsequently got his bail.
Meanwhile the matter came for trial before the Fast Court Track in Kandhamal district. Nearly two dozen cases were registered in different police stations in that period. In fact 17 cases were registered against Manoj Pradhan himself. So far decision in 12 cases related to him have come and he has been absolved in 11 of them. In the latest judgment he has been found guilty along with Pafulla Mallik and 14 others on charges of rioting, causing grievous hurt by dangerous weapons and arson.  They have been given 7 years of rigorous imprisonment each.  Thus five cases are still pending before him.
The judgment has been received by different people in different ways. There is a group that says that the punishment has been too less and lenient considering the heinous nature of the crime. They would have been satisfied if the maximum prescribed punishment were imposed on the accused. The other group has an exactly opposite view and openly claim that Manoj Pradhan was falsely implicated in the matter and he is completely innocent. They say that an appeal will be made in the Orissa High Court which shall help bring forth the truth. There are also the sufferers and the poor people who are too frightened to articulate any opinion in any way and for whom the only thing that matters is that such things don’t repeat again.
For a person like me and you, it would neither be prudent nor legal to comment on the judgment per se and give our own opinion, it still being in the judicial process. But one thing that really gives me immense satisfaction is the fact that justice (whether as acquittals or as convictions) is being delivered in these cases in a relatively fast manner, that too considering the fact that this is a highly contentious, political and religiously charged and emotive issue. “Justice delayed is justice denied” they say but due to so many reasons this is exactly what is happening in our country in many cases. Look at the SPS Rathode case in Haryana. In incidence took place in 1990 and the judgment was delivered in 2010. What meanings do such judgments have for all the concerned parties? Many a times the accused and the victim are dead and gone, at other times they are too old, helpless or weak as to suffer or rejoice the verdict. In short, it becomes a mere mockery and some kind of ritual. I recently read of a judgment related with Shibu Soren, the ex-Chief Minister of Jharkhand who was found not guilty in a murder case that related to late 1970s. So after more than 30 years it is found that Shibu Soren had not caused that murder. What relevance does such judgements have- in the eyes of the public, for the accused, for the victims, for the prosecution and even for the Judge who is delivering it?
What even pains more is that even Judiciary seems to have got affected by the Media bug or the Media pressure. An apt example would again be the same Ruchika case, where after 19 years, 40 adjournments, and more than 400 hearings, the court finally pronounced Rathore guilty under Section 354 IPC (molestation) and sentenced him to six months imprisonment and a fine of Rs 1,000. But the moment there was a huge uproar across the Nation, another Court could deliver the judgment in less than 6 months sentencing him to one and a half years of rigorous imprisonment.
But to me, the Kandhamal case carries much more importance than Ruchika and Jessica Lal and all such cases because these are the crimes that are related with individuals while a riot is one which the general public has to face and suffer. Thus a judgment in one of the crimes related with riots has a much higher relevance and impetus to the masses and has much more message to convey. In such circumstances, if the crimes related with riots (religious, political, caste-based etc) are not decided in a swift manner, it gives a very bad message to the society and acts as a huge bolster to the other rioters. If there is not enough evidence against a person, leave him/her for good. Otherwise convict the person to the equitable punishment that seems to be deserving. But to choose a middle path (which Lord Buddha would never have advocated) of lingering the matter for years in nothing but akin to becoming a party to the crime itself. If a Sikh riot of 1984, the Ayodhya events of 1992 or the Gujarat riots of 1992 are still pending in Courts, with no near chances of their getting decided (either way) then don’t they act as potential precursors of future riots, giving such criminal mindsets an example to emulate and follow?
I sincerely believe that judgments in all such riot related matters must be delivered in a timely manner and swift (and correct) decisions must be arrived at in the minimum possible time, even at the cost of some criticism here and there (which any judicial pronouncement is bound to face anyway, because of vested interests and varying perspectives).

Amitabh Thakur
IPS,
President,
IRDS,
Lucknow
# 94155-34526

 



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