NO JUSTICE, NO PEACE No One Killed Dalits

RNI : MAHENG/2014/59661

About thesabha It is an initiative to connect geographies through university students, workers, farmers Bernie Sander Meena Kandasamy Aamir Khan and other producers. A senator running for Author of the book A bollywood actor It is an adless newspa- President in 2016 In USA The Gypsy Goddess per, with contribution Bernie Sander Meena Kandasamy Aamir Khan from individuals and (In a rally for the USA president race) ( At the 7th Anuradha Ghandy Memorial ( In Goenka award ceremony ) civil society institutions. Lecture in Mumbai ) “The profit motivation of private compa- This mass killing of Dalits is something “For any society it is very important to nies running prisons, works at cross pur- that happens again and again, and the have a sense of security. I mean there will Contact: poses with the goals of criminal justice. way in which the judiciary functions is be acts of violence in the world for dif- Call or Whatsapp Criminal justice and public safety are also replicated in the same manner. So ferent reasons. But for us as Indians, as a +91 8454073328 without a doubt the responsibility of when I started looking at it, you could part of society to have a sense of securi- the citizens of our country, not private find the whole common thread that runs ty… two-three things are very important, Email corporations. They should be carried out through all these massacres and the first I feel. One is sense of justice. If there is [email protected] by those who answer to voters, not those thing is there is a large element of victim a wrong step that anyone takes, then a Website who answer to investors. blaming, there is dismissing the evidence correct justice is what is required. We have 2.2 million people in the jail, of the witnesses in one pretext or the www.thesabha.org that is more people incarcerated than in other, the judiciary being completely em- Common man should feel that justice any country in the world including China bodied by the fate of the case, the judicia- will be done. That’s what gives a sense which is a autocratic state. ry not stepping in, and all the witnesses of security. In times of deficit, We are spending about turn hostile because of the threats they 80 billion dollar a year to incarcerate face, the judiciary not taking any steps to The second and very important sense of people. Our criminal justice system is protect them. security is the people who are our elected broken, and we need to fix it. So, from time to time this judiciary might representatives – people who we select to For high school graduates unemploy- make the right noises, it can pretend that look after us for five years if at state lev- ment rates is white 33%, hispanic 37%, it is pulling up the government, it can ex- el or Centre. When people take law in to afro-american 53%..And when they are press the occasional outrage, but if you their hands and when there is a sense of unemployed bad things starts to hap- look at it closer you will understand the insecurity, we look upon these people to pen. And if anybody thinks there is no true face of the judiciary. And I think in take a strong stance, make strong state- correlation between unemployment and this context it is important for you to ments and speed up the legal process to youth ending up in jail, they are wrong. know recall a bit of Foucault, who says prosecute cases. When we see it happen- So maybe instead of investing in jail and the real political task in a society is to ing there is a sense of security but when incarceration we should invest in jobs criticise the working of the institutions, we don’t see that happening there is a and education- Instead of spending bil- that appears to be both neutral and in- sense of insecurity. So it does not mat- lion dollars on people to lock out, why dependent. To criticise and attack them ter who the ruling party is. It’s happened can’t we spend on education? It costs less in such a manner that the political vio- across ages.” to spend on someone to put in jail than lence that has been exercised obscurely to put him in college.” through the mask, gets unveiled. So that Social Media Trends one can fight against them.

India #ChennaiRainsHelp No One Killed Dalits #OccupyUGC A talk by Meena Kandasamy on 7th Anuradha Ghandy Memorial Lecture #PinjraTod #DelhiOddEvenLogic “Our memories of the Gujrat genocide in 2002 is still So, when we trace the history of massacres whether fresh. We cannot forget the bodies of small children it is Villupuram whether it is Bathani Tola, whether it which is lined up and arranged next to each other and is Laxmanpur bathe, let us realise that the killing of I think there is a long history of the killing of children. children is the bottom mark that runs through each South Asia If you look at the massacre in Kilvenmani that hap- of these caste atrocities. pened on christmas day 1968, 23 small children were The Congress Party in Kilvenmani in Nagapatinam #NepalBlockade killed. All of them were burnt to death. district is represented by the man who actually #AungSanSuuKyi In fact, it is not just children who were locked in a hut lynched the dalits. So, Gopal Krishna Naidu is the were burnt to death but there is one episode which president of the Tanjore Congress, the chief minister anybody in Kilvenmani tells you again and again and of the state. At the time Annadurai, he comes and World it is the episode of how one of the mothers of the says people should forget this as they forget a feverish #FeelTheBern child in a last desperate attempt to save the child nightmare or a flash of lightning, this is India’s first #GlassSteagall throws the child outside hoping that somebody will Dravidian Chief Minister. And then Periyar a month #TPP save, somebody in the mob will have the humanity to later speaks about the event and he says wage is not #ParisAttack save this child, but they basically chopped the baby something that you can demand it is something that into pieces and put the baby back in the hut and set is fixed by the market condition and he blames the #FeesMustFall the hut on fire. So this is the caste Hindu humanity communists for the act of kilvanmani. #MillionStudentMarch that we have in this country. (continued in page 2 ) 2 www.thesabha.org November 2015 Continued from page 1... Meena Kandasamy : No one killed Dalits I personally, when I read about this case, when I read which it called out the judiciary for its discriminatory of Bihar, he was killed as well. These are the limits to about how 44 people both men and women and chil- treatment to judges belonging to SC and ST communi- justice system. These police states, caste society can’t dren were lynched to death, I was betrayed not by what ties. It took issue with the way the Madras High Court shield these murderers from the wrath of the people. It the caste hindus did but what the judgement did and is been treated. Starring the story from Chhattisgarh took a 12 years to avenge Gopal Krishna Naidu but on I felt that the judgement was as merciless as the mas- the 17th district judges all belonging to SC, ST com- the 14th Dec of 1980 people delivered the justice which sacre itself. munities were removed when they had 10 to 5 years court has failed to deliver. The case of Bramneshwar of service left. The commission finds out this is nearly Singh, he could not survive a year after he was let out If we revisit the undivided east Tanjore district in the because they are maturing for elevation of high court of the jail. This could not have happened if only there immediate aftermath of what happened in Kilvenmani judges, so system was trying to prevent this. is properly functioning and impartial judiciary. you will find something very interesting emerging, You will have all these landlords who go out and say things The commission report also observes that the Bom- To the Judiciary like, there will be hundred of more Gopal Krishna bay high court and Delhi high court doesn’t follow the The systematic denial of justice to the Dalit people is Naidus (he is the man who basically led this lynch mob policy of reservation in the staff employment from a genocidal hate. I used the word knowing which not who is a landlord ), hundred more Kilvenmani’s will last 61 years. The Madras and Rajasthan high court hold in any court of the law but nevertheless that is continue to burn, and one of the other things they said, don’t follow any policy of reservation for SC, ST for no smaller word to describe the degree of hate you hundred landlords are willing to enter the gallows, gazetted and promotion based posts. Six decades of received against Dalits. Of course I give you the con- hundreds of us ready to embrace the noose. And this is the appointment shows that it revolves around the few tempt that you worked so hard to earn. I speak to you where the twist comes, this is the state of mind of the families only even among the privileged sections of the because you repeatedly and systematically, purposeful- perpetrators of the massacre, the willingness of them society. It could not constitute even 1% of the countries ly failed to deliver justice. I curse you because you have to face the legal consequences about their actions but population. allowed most fanatic caste Hindu killers to walk away then the judiciary steps in, and not one landlord is sent without any punishment, I wish you dead because you to the gallows, not one is imprisoned for life, no one In the north India advocates belonging to this privi- do not treat the life of Dalits with any value or respect. served a life term and on the contrary every single one leged sections are appointed to the superior courts in of them is acquitted. early 40s keeping the ultimate eye on the chief jus- I wish you nothing. Grow on your tomb because the ticeship or justiceship of the Supreme Court. Judges reverence of corrupt caste standing institution like This is when Kilvenmani massacre takes an important from the weaker section on the other hand are invari- Indian judiciary cannot keep words but the poison of turn at the judgement in this case marks an import- ably appointed in their 50s. So this kept out them in worst kind. I dare you. I dare all courts in this land ant moment in our nation’s history, because the courts consideration of principles of seniority. So it’s naked because you can send writers and cartoonist in the sets a dangerous precedent. Today if a massacre of that imagination that merely affirmative action will radical- jail but the man who massacre us, sheltered and hon- scale happens, I think the caste hindus would go and ise the Indian judiciary overnight but it has, will no oured. You killed the constitution in hourly basis , you say, no we are not going to spend anytime in jail we are doubt changed composition. It leaves us with one last trampled upon the rights that had people’s struggles going to be set free. and having to talk about not only question ‘Can a Dalit judge do justice on the extinct while you forgive corporates for the loot, for the non this massacre, because Kilvenmani is not just Kilven- State’s changed structure? Can even a Dalit police offi- payment of taxes to the tune of crore of rupees and mani, Kilvenmani continues to happen all over India, cer work and put a culprit to book? turn a blind eye on Dalit people. it happens in Kilvenmani in 1968, but it happens in Villupuram in ‘78, it happens in Chundur, it happens In the Gokulraj murder case, the young Dalit man be- When the young and innocent Dalit, Adivasis and Mus- in Karamchedu, it happens in Bathani tolla, in Laxman- headed by caste hindus, to love a girl from the OBC. lim man’s fill up your horrible Prisons you lack a grand pur Bathe. The investigating officer was brilliant Dalit officer, vision of justice. Vishnupriya. She was all 27 years old of age, she came This mass killing of Dalits is something that happens under pressure from higher officials to implicate inno- And you seat on judgements about the reservations again and again, and the way in which the judiciary cent people in the case, and let go the criminal master policy you call it for a scrap, you even said that it is a functions is also replicated in the same manner. So mind of the case. Unable to bear the pressure she takes privileged used against national interest. When your when I started looking at it, you could find the whole her own life. There is no doubt the Dalit judges also own ranks like India media houses are dalits free zones. common thread that runs through all these massacres come in the similar pressures, similar threats. We can Just like Nazis used the words Jew free zones for areas and the first thing is there is a large element of victim revisit or offvisit the attrocities spots in Chundur to claims to the jews, you want to make higher education blaming, there is dismissing the evidence of the wit- see what happens when dalit is also siting in a judge- to judiciary in this country, a Dalit free zones. Let us nesses in one pretext or the other, the judiciary being ment in dalit massacre. not forget that 14 of 21 high court’s not have a single completely embodied by the fate of the case, the judi- dalit chair. Let us not forget that in the long history of ciary not stepping in, and all the witnesses turn hostile A quote from the book published by the human rights Indian supreme Court only 4 dalit judges have been because of the threats they face, the judiciary not tak- commission ‘Dr Prabhakar Rao was appointed as spe- appointed. You have become synonyms with injustice, ing any steps to protect them. cial court judge, the defence council, meaning all the your pronouncements merely reflect your patriarchal Reddys threaten them in open court that ‘if the Rao misoygnist, casteist, feudal, Hindu fundamentalist, So, from time to time this judiciary might make the continues to be the judge, they stop defending their corporate apologist, state terrorist mindsets. Your right noises, it can pretend that it is pulling up the clients. So judge can free to continue their proceedings judgements over the course of decades have make government, it can express the occasional outrage, but in their absence’. caste mania so they can kill a entire village of dalits if you look at it closer you will understand the true without having to spend a day in jail. face of the judiciary. And I think in this context it is This is the nature of the judiciary. Merely a caste hin- important for you to know recall a bit of Foucault, who dus can deliver a caste justice on the basis of other To the girl from Suryanelli raped by 42 man in 40 days says the real political task in a society is to criticise the caste hindus. Where do we began to show our anger? periods, the question that you unfailingly, unflinching- working of the institutions, that appears to be both When we do bring this judgement and burn them in ly asked ‘why did she not escaped when she have the neutral and independent, to criticise and attack them public bonfire to show this kind of caste justice will opportunity ?’. The young Dalit man who survived in in such a manner that the political violence that has not be carried out in our name, carried out in this con- Chundur massacre you wonder why he got admitted been exercised obscurely through the mask, gets un- stitution. How do we avenge the deaths? Will it not be himself in the hospital without informing the police. veiled. So that one can fight against them. the last wishes of each of these victims of each of these The dalit man from Bathni tolla who witnessed the massacres who died in the state of unforgiven terror. murders of his family, you asked why he took time The cold blooded caste fanatic police and judges be- to make a complaint? This casteism, this completes Caste System in Courts trayed them. Who made it possible for guilty to escape heartlesness of your true face. While you teach us your Eighty years later when national commission for SC, being sent to jail, spent time along with the murderers. grand truths: upper caste man would not have raped ST found the ground reality it observe that only 24 a Dalit women, a land owning Mirasdar who also owns judges belonging to SC, ST against the total of 850 The failure of judiciary is one half of the story, when the car would not walk to village to set it on fire, the judges in all high courts. Out of the 21 high courts 14 justice delivery mechanism fail, when courts stand ex- murderers caste mob do not have allow male survi- high courts do not have the single judge from SC, ST. pansion and extension of khap panchayats, caste insti- vors, the mob of landlords set fire a locked hut with 44 As in the 2011 when commission published its report tution people are forced to take justice in their own people but they did not have intention to kill. there is no SC, ST judge in the supreme court with the hands. They have to pursue their own methods to get strength of 31 judges. fair deal. Please keep your injustice to yourself. I do believe on revolution like comrade Anuradha Ghandy did, unlike Making strong and committed stands against the ex- Let us not forget no matter how convinced the Ma- her I do not know there is revolution which will be- clusion, the commission made its clear ‘ a firm policy dras High court was about his innocence and how gin in India but wherever it begins the revolution will of dissolution judiciary is only remedy’. Governments impressed they were with a waste tracks of lands he replace your courts not later then by first sundown . need to change policy running with their haunting and owned and the ambassador that he drove. That the I want to remind the courts in this country of the fa- with the haunts up to all. The judiciary should reflect fight of the heavy political clouds that ensured that mous slogan “no justice, no peace” let’s salute. “ and meet aspects and aspirations of the people, it can- the Congress party, Gopal Krishna Naidu the butcher not live in isolation and put itself outside the ambit of of Kilvenmani was killed. What survives in the form constitution of provisions through judicial pronounce- of oral legend in this part that how his body hanged ments. into 44 pieces wrapped up in farms and distributed in those who lost their families. What happened to Bram- One of the highlights of this report is the manner in neshwar Singh, the chief of Ranvir sena the butcher 3 www.thesabha.org University November 2015 Students on the Road in USA, South Africa and India #PinjraTod The Sabha Intern The issue of tuition fees and university education the reinstatement of the fellowship but also its in- The Sabha Intern seems to go on and on, with new concerns or pro- crease. The protest were on two basic interconnect- posals being brought to the public’s attention on a ed planks. Firstly, protesters say this will adversely “ Jugni Udi...Naye Naye par liye/ o Pinjra Khol , o Pinjra regular basis. This last couple of months saw the affect students coming from disadvantaged- back Khol “ That was the song from Queen where a girl did final- latest in a series of student protests regarding high- grounds who rely heavily on the fellowship to car- ly taste ‘newly found’ freedom and redefine the meaning of er education, with thousands of students taking to ry on their research. Without the money, they will it. The same way, the girls in Delhi gathered for a move- the streets , be it in India or South Africa, or Unit- have to look for part time work to sustain them- ment called “Pinjra Tod”(literally break the cage) where an ed States of America, or London, to sum up across selves which will then affect the quality of research, initiative : “ breaking the curfew hours or the hostel’s strict the globe, to express their opposition not only to as the focus will be divided. Secondly and more im- timeline for entry “ had taken place.On September 9th , higher fees but also to the so-called ‘privatisation’ portantly, they see this as a part of the larger plan around 50-60 women begin marching through some of of universities. Despite fewer numbers and less of the current government to make Indian higher DU’s premier colleges, just when the night started falling to headline-grabbing violence than previous student education compliant with the WTO-GATS (World “claim the streets” with their “dreams and desires”. protests, these marches highlighted the continued Trade Organisation-General Agreement on Trade in dissatisfaction among students regarding govern- Services) requirements. In the upcoming 10th Minis- The campaign, which began in early August, comprises of ment plans. terial Conference in Nairobi this December, India is women from DU, Jamia Millia Islamia, Ambedkar Universi- purportedly ready to sign an agreement with WTO ty, National Law University and Jawaharlal Nehru Univer- The student movements are as follows :- which will make education a service rather than a sity. It grew out through social media and word-of-mouth 1. #Feesmustfall movement- South Africa right. Students say the withdrawal of the fellowship , where women hostel and PG residents shared their bitter Earlier education was colonialised for SA people, is the first step in withdrawing funds from public in- experiences with guards, wardens, principals and landlords. now a days it is commercialized or more privat- stitutions before it’s made self-financing and thereby ized. So,thousands of South African students rallied privatized. We know Safety is a big word for Women in India, but outside government offices in Johannesburg. They come to Delhi and many of India’s colleges ,universities and gathered to protest the imposition of higher tuition The protest has paved it’s own way through out the workplaces (across the country ) to get the real picture of fees and accusations of racism in the country’s ac- country, where the movement has been forwarded it. In the name of moral policing some sexist practices are ademic institutions. For them ,the movement was from one city to another city ,urban, rural places going on where the female students has been deprived of more for the basic rights . The then government . From one university to other universities around the basic facilities till late night. has proposed an idea of free education for all in every corner of the country ,through the students of 2007 , since it has not been materialized ,the ANC every sections ,to show the solidarity among them “Big walls, huge metal gates, locking of gates at night, led government has risen the fees in colleges across and to demand the free higher education.Mumbai numerous security guards, constant checking of Id-cards, a S.A . Many of the research students there also don’t student s show the solidarity with the #OccupyU- plethora of arbitrary and regressive restrictions’. The idea have the money to study further .After several days GCMovement and came to the forefront through is to raise our voices against it,” said Devangana Kalita, one of nationwide protests, popularized by the globally #SikshaKaSikka campaign ,where each one of the of the founding members of Pinjra Tod:Break the Hostel trending #FeesMustFall, the government announced students of Mumbai have put one rupee coin in an Locks. the original 11 percent tuition raise would be nixed. envelope,wrote a message to the UGC ,with their This fight for a democratic education was a massive name and address to voice out their opinions . Other students vividly remember one bitter incident in victory in a country where class inequality is high- the name of concerns and safety - “ 2 years back there was er now than under Apartheid, and white students Same way, Germany made headlines earlier this year an earthquake , while we (the girls staying on the ground dominate academia despite making up only eight for ending tuition. What wasn’t reported was the floor) were out, the girls who stayed in the upper floor percent of the country’s population . massive student struggle against the establishment were trapped inside as the gate was locked , so they ran of tuition in 2006. towards the balcony and all we could do is to share our 2. #MillionStudentMarch – USA Education has become more like a business . Open- blank ,helpless glances towards each other ( apart from In USA also, students across the country has walked ing up educational institutes every now and then , screaming for help ) “. out of their classrooms and march for the right to a rise in fees only justify the fact .To match up to the free college education. According to organizers, 110 context , it is reported ,that tuition in the public in- “Don’t go outside at night “ or “stay till midnight “ or “don’t college campuses across the country participated in stitutions had jumped up to 15 percent in two years wear shorts “ or “do take your male friend along with you the grassroots event. Despite being one of the top -- even faster than the cost of health care. At private while going “ are all the Delhi girls can relate with and even player in the economic sectors, their students have schools, they rose by almost 10 percent on average. after the repetitive unfortunate incidents, what everyone’s to take on higher debts in order to get a proper ed- concern is all about prohibition rather than protection or ucation. People of all colour, gender and sexual ori- According to the Organization for Economic Co-op- prevention and that saddened this whole section of society entation are united to fight for education as their eration and Development (OCED) : who need to avail the facilities like other part of the gender basic right. Their belief , together they can built a “Collectively, students around the world invest does. strong independent movement for tution free public about US$50,000 each to earn a degree. In Japan, college, cancellation of all student debt. the Netherlands and the US, average investment ex- For hostelites or for Paying guest stayers it is even worse It has been seen in a survey that, the average col- ceeds US$100,000 when direct and indirect costs are than we can imagine- they have to reach or enter the hostel lege grads are having $35.000 debt in a year. Total added.” premises or PG around 6.30 or 7.30 P.M , if not then there 40 million Americans share a total of $1.2 trillion in are strong chances that the particular individual can be student debt and 58 percent of that is held by the Of course ,costs of study alone are not the only con- expelled from either one of them.But why such discrimi- 25 percent of the poorest Americans. Even students sideration of international students: ultimately for nations ? - why only boys could avail the basic needs and are facing the rising tuition costs , mounting debt, many of them, it is the longer-term return on invest- amenities, that are meant for all (while there are strict and a lack of good paying jobs when they graduate ment of their education post-graduation. Specifical- rules and curfew time for boys also, but that till date re- .Further while top administrators taking away six to ly, will their education pave the way to their desired mains in paper , those rules are not at all followed ). seven digit salaries ,many campus workers are paid career, in a country they enjoy, and provide them the poverty wages and forced to rely on the federal or income they aspire to? Sadly the truth is, in most of So, with the Pinjra Tod movement they are trying to ad- local assistance. the cases, the grad. students ended up being only dress four issues — unnecessary restrictions on women, a cheap labour ,where that individual finally began moral policing in the name of concern, need for creation of 3. #Occupy UGC movement- India to question oneself about the time and money they more egalitarian and affordable spaces where women can In India , when news first broke out about the have spent , the quality has really been worth it or stay, and proper implementation of anti-sexual harassment non-National Eligibility Test (NET) fellowship being not ? questions are plenty ,but again the answers are laws. If the environment is more enabling,then women discontinued for research scholars, students across somehow hidden behind the socio-economic-politi- don’t have to be caged at all. “State authorities have to universities have risen up in protest. By the next cal labyrinth. The whole scenario of education has stop acting like khap panchayats that seek to control and day, the protest led by Jawaharlal Nehru Univer- been more job oriented , commercialized around regulate the lives of young adult women in the name of sity Students’ Union (JNUSU) had turned into an the globe where job has been provided to many peo- ‘protection’ and ‘safety’,” added Kalita. “Occupy UGC” movement, inspired by the Occupy ple but quality obviously degraded . Wall Street movement of 2011. Friday was marked This group has been networking for a couple of moths now by paramilitary crackdown on students as some Education itself has become one ‘endangered spe- and they had their first public hearing on October 10th . were detained and others lathi charged . In practical cies ‘ where money and capitalism has already taken Universities from all over the country have spoken up in terms, the discontinuation of the non-NET schol- place but let the solidarity be there among students support of Pinjra Tod. Student political group, All India arship would mean financial assistance of Rs 5,000 (globally) to find the path back to it’s root ,as in Students’ Association, (AISA) has also been seen handing and Rs 8,000 for MPhil and PhD students, respec- deconstruct the whole structure of education ,and out pamphlets of the Jan Sunwai to students in North Cam- tively, being taken away. This fellowship benefited move away from the packaging format to the way pus. Although the group welcomes all the support that’s both those who were not eligible to sit for NET and that leads to the core of the value added knowledge- coming their way, they have very clearly stated that they are JRF as well as those who could not clear it. Students that is Education. independent of any political affiliations protesting against the move are not demanding just 4 www.thesabha.org India November 2015 Mumbai : Murder of a Worker Yakub Shaikh died at Toyota Service Centre in CottonGreen The Sabha Intern The day was 29th September, 2015 , ly in 2011 and was working with Hyundai went back to his work station. Since he management’s duty to take care of the when a family in Shiv Nagar Chawl for two years. At Toyota Mumbai he was had a problem with one leg, he was bent safety of its employees? (2) why was an ,Wadala ,Mumbai was getting ready to given a job as a cleaner for a low income on that leg and working. Around 2.30 18-year old temporary employee Abdul celebrate their family’s youngest one’s of Rs. 7000 per month. The company p.m., he was attacked from behind with Qadir made the Complainant? (3) why birthday. It was meant to be one of promised to make him permanent after an air pipe which was inserted into his did it take so long for the police to regis- the memorable birthday celebrations six months but this did not happen and rectum. Apparently this was done by ter an FIR? (4) Why were they told first for that girl, which did turn out oth- he continued to work as a monthly con- Santosh Eknath Arekar. Another work- that the FIR was registered by 7.30 p.m. erwise. Yakub Sheikh, 54, the father of tract worker till his murder. Initially he er went and switched on the pressure when the FIR copy given to them shows Shafia was killed on 29th afternoon in a worked in the Worli office of Toyota and to 140 PSI ( pounds per square inch the time as 9.30 p.m.? Why was the gruesome way. On 28th night ,while re- had been shifted to the Cotton Green ) Yakub Shaikh, a strong built man statement of the family members taken turning from office,Yakub had brought office just a few months before. Accord- would not have willingly allowed such after almost 20 days on 14th of October? Jalebis for his dearest daughter ( who is ing to all the locals of Shiv Nagar Chawl, a ferocious attack. He had to be pinned currently persuing her M.Sc in Botany Yakub Shaikh was a calm and quiet per- down by at least 4-5 employees, which Again CCTV camera was not working in Mithibhai College ,Ville Parle, Mum- son who kept to himself and would only is why there were no external injuries when this incident took place and Af- bai) and feed her with his own hands. concern himself with completing his and his clothes were found to be intact. ter inspecting the spot at the workshop, He also promised that he would cele- work without interfering in others em- His jeans and underwear were lowered the weapon used for the murder and its brate Shafia’s birthday after returning ployees’ or neighbours’ matters. and the pipe inserted into his rectum. hard disk were not seized? According to back from office. Tragically he never The family told the team that Yakub was The air pressure was so ferocious that them, the police kept repeating that they returned. When the call came from the on leave from 25th to 27th September it caused instant blasting of his internal did everything but, they point out, there company for the very first time inform- for celebrating Bakri-Id. He resumed on organs and his body bloated completely is no record of anything! Then there’s ing the family that Yakub Shaikh had Monday the 28th of September, and left with air like a balloon. The air rapidly the role of Police and the authority come been taken to KEM hospital, they were for work as usual. However, the team went into the intestines, stomach, scro- into question. DCP Sankhe has the au- told that Yakub had fainted suddenly later learnt that Yakub Shaikh had been tum (as per photos at the KEM Forensic dacity to ask the just widowed Shehnaz and fallen down. When they reached the confiding to his elder brother A. Samad Laboratory), which then went right into Begum that if they were really married hospital, they were questioned whether Abdul Hasan Shaikh that he was facing the facial region. The body was found and imposed a point upon them that he had eaten from outside or whether harassment and mental torture at the with the eyes too enlarged and popping Yakub was a homosexual , that’s why he he was on medication thereby giving workplace from the management and out. The extreme force also threw up did give invitation to Santosh to have the impression that it was a case of food that he felt like leaving the job. He had the faeces, undigested food and blood anal sex.Also when the family went to poisoning or chemical poisoning. By been complaining for two months prior into the upper region and then out of the hospital they were first told that evening, the company officials told them to his murder and after he was posted at the mouth. The body was blown up and the incident took place due to some that the death occurred due to ‘mazak the Shinrai showroom. He was also up- bloated like a balloon. Such a gruesome “Mazak-Masti” in the office hours. After masti’. This shows that from the time set that despite his experience, he was murder would have caused a commo- demanding an post mortem , while ev- of the murder, the company employees not made permanent despite having tion at the workstation with the manag- eryone from the office were there, they were hand-in-glove with the manage- completed 6 months at work with Toy- ers all reaching the spot. The company heard the lines like “ Tu bohot ghost kha ment to cook up one story after another. ota. The statement of A. Samad Shaikh then transported Yakub Shaikh’s bloated ke aaya hain na, aa ab tera ghost nikaal has been given in writing (in chaste and lifeless body to K.E.M Hospital. te hain” and after Yakub Menon’s death Yakub Shaikh had started working with Marathi) on October 1st itself, not only penalty by hanging he was being misbe- the Toyota showroom in November to the police officials but right up to the The persons accused was also the em- haved by saying “tera toh kal fansi hua 2014 and had been posted at the Shin- Chief Minister’s office. ployee of Toyota - Santosh Arekar . The tha na...tu aaj wapas kaise aa gaya “.This rai workshop at Cotton Green just a person who attacked from behind . But unfortunate incident is not the only few months back. According to his elder On 29th of September, Yakub left the what was more surprising was the fact one that has taken place recently. In the brother , Yakub Shaikh had been work- home as usual for work.During the that (1) why was the manager of the name of light “mazak- masti” how can ing as a “denter” in the Gulf for about lunch break at 2 o clock , his co-work- company, Mr Cyril Dias not made the one kill a person ? three decades. He returned permanent- ers started teasing him. After lunch, he complainant in the FIR as it was the Ambujwadi marches for water : BMC arrogance causes traffic jam Matka lekar aaye hain, Paani lekar jayenge The Sabha Intern It was 9 A.M in the morning of 2nd Dec 2015 , while a Indian Constitution and, section 5 of the Maharashtra their pleading remains unheard till now ). sunny and bright atmosphere is all around in Mumbai Slum Act, 1971, which have given right to slums, the BMC’s callous nature has made them even more ,nearly 3000 slum dwellers of Ambujwadi ,Malad right to get water and also ignorance to the order of furious this time and they sat in front of the office gathered to protest for one of their basic needs or Bombay High Court, which ensured water right to and demanded their voices not to make ‘unheard’ rather rights - that is access to water. It was more each slum in existence. this time. So , they shouted “ Matka Le kar aye hain, than just a rally , it was for their necessity - mixed One of the affected sections : ‘children’ of that com- Panni Le kar Jayenge” (We came here with a earthan with their emotion, angst and a suppressed felling of munity. Their mothers repented that their kids wake pot , we will return by taking water ). They even being ignored for almost two decades that out-burst up at around 5 o clock to get water from a place that made their own arrangement for water to quench through this march once again. is at a distance of 4 to 6 k.m. and sometimes they sac- their thirst. The officials were informed 3 days prior, The walk was from Ambujwadi slum to P -North rifice their bath and hygiene in order to make food or still out of arrogance they didn’t even bother to come ward BMC office, Malad. As ignored a place as their have some water to drink for their families. Toddlers out and they were hiding behind the gates of BMC. existance till date (as per BMC) , not to forget they have faced even bad days . Someone from the morcha shouted that “women are about 50,000 people , who are staying in Ambu- “Everyday we spend around 80 to 100 bucks for majorly faced the problems , so they must lead the jwadi and since 1990 or so they are demanding for drinking water, we need it , we require around 3 to 4 MORCHA.” This whole delay in response from the their basic needs like electricity, water, sanitation , gallons per day for drinking “ said one lady who came authority created a huge chaos in that area and that roads, schools which they are deprived of. A year back here from Gujarat in 2005 , for whom , situation has eventually led to traffic conjestion in that area. , through a united struggle by the ‘Ghar Bachao ,Ghar worsened by every passing day. Later in the evening only, Sangita Hasnale, Ward Of- Banao ‘ andolan that this slum got electric substation Even after they are having their essential docu- ficer came and met the protestors. She was unaware last year from TATA Power- who took the initiative ments ,i.e- voting id, driving license, and many other of the problems which the community is facing since to light up their lives by providing electricity in their important papers as per the government regulation, long time and promised them that she will visit the slums, but that doesn’t lessened their problems . they were charged with illegal resident of Ambu- slum and will enquire about the situation, meeting “Every time we approach for this to the Local admin- jwadi. It was assured to them if they are living here with community representatives of their movement. istrator or BMC officials , they refused to even taking before 2000, then they must get all the facilities like The schedule of the next meeting is on 7th of Dec, the application , forget about ‘addressing’ the prob- electricity and water. It has been more than 20 years 2015. lem .They ignored us by saying we are staying their now, and BMC is still reluctant to provide them water While returning with them , the question still illegally ,but we are here since 20-25 years, how can it connection . remained the same. BMC is providing waters to multi- be illegal “ said a group of old men who were walking Even when the whole rally finally reached the BMC plexes and many newly built residential complexes in under the scorching Sun . office, Malad, many officials were not there to even last couple of years , then why such casual approach The denial of basic amenities like water, due to non negotiate the problem and many of them were not towards these people ,who are deprived of one of the implementation must be treated as the blatant aware of this persisting problem (They already have basic rights of their life ?? violation of fundamental rights under article 21 of the protested regarding this earlier in 2013 and 2014 , but 5 www.thesabha.org India November 2015 Chennai : Urbanised amnesia of disaster The Sabha Intern Human has a love hate relationship with the nature According to the census data the city’s population highly polluted due to the continous garbaage dump but underestimate the power of it. Recent calamities increased by 3.1 millions between 2001 to 2014, be- by the people. across various place in India is a warning bell to the cause of rapid urbanisation and developemnt and the whole human civilisation and continued to proved it citiies corporation area incresed by 4 times. The city The northeastern part of the marsh land is famous is mighter then all. Rececnt Chennai flood is a living is desperately wanting to become the information and for the dump yard called perungudi is span over 75 example of what it can do to us, if we continously ex- technology hub so a large number of people are com- ha. Which was 32 ha in 2002-03 census data by Tamil ploiting it because of our materialistic needs. It seems ing to the city for various opprtuninties and the city Nadu state land use research board. The marshlad ar- we were continously becoming naive and dont want to is expanding to become a concrete jungle. Because of eas are also allocated to various organisation and insti- learn any lessons from our past experiences like Delhi this greedy builders are filling the wetlands for their tution for construction too according to the sakthivel flood,Mumbai mithi river flood, Koshi river flood in- Bi requirement. data. And the law is also very liberal to the builders har , Uttarakhand floods and jhelum flood. because of the corruptions and money involved in it. It also encourages fisher man and migrated villagers to But the worst hit people are from the slum areas which According to the 1997 census data, in Indian capital enter in to the south and west side of the city for their are on the flood basin of the Adayar river and Kuvam Delhi, there were 357 ponds and 55 lakes were pres- livilihood because the north side is andhar pradesh river. Their whole houses were vanished and people ent. Gradually Builders started building houses near border and the east side is the sea. They stay in small were strangled in the bridge top and waiting for the the lake to fulfil thier greed. When more demands slums near by the rivers and cannal in the south and releif material to arrive. And among deads maximum arise they started filling the ponds to meet their need. west part of the city. So there is a drastically decresed are from slums. Right now half of the water bodies are missing. Before of open area in the city and when the heavy rain oc- 2 years back heavy rain occoured in Delhi and half of cured the water didnot get place to store. The rapid urbanisation and developement in all over the airport area is submerged in the knee deep water. Adyar and Kosathalaiyar are flowing through the city the world is decreasing the open space wetland and Because there were no water reservoier to store those to reach the bay of bengal. Apart from that there is a green areas, which are resulting all these calamities. rain water and the whole airport is constructed on ten man made cannal called the bunkinghome canaal flows The Chennai is the replica of the Mumbai and KOshi such ponds. The same thing got repeated in Chennai through the city whose main purpose is to navigate the river flood but still we were sleeping in our narrow Airport this time which we can see in our news chan- salt water from the city. Later people started using it cocoun and dont want to learn from our mistakes. Our nels. The whole chennai airport is made on the flood as a transportation medium but right now they use greed and wants always wins over the conscience. The basin of the Adyar river. Flood basin is the flat, wide it as a garbage dump. Apart from that the city has chennai devastation compell us to rethink and replan area lying between a low, sloping plain and the natu- 4 reservoir tank and 16 minor water ways remain till about our current state of urbanisation. ral levee of a water bodies or adjacent to it to protect date which is also decreased in number comparable to against the flooding. the past census. the groundwater in the marshland is Bihar election, Agriculture and 7th Pay commission Devinder Sharma Some years back, the founder editor of the UN Human ture. With agriculture disappearing from the economic certainly a positive input in farming but to expect Development Report and a distinguished Pakistani radar screen of the government, the negative impact farmer’s incomes to boom as a result is simply un- economist, the late Mahbub-ul-Haq, was talking to me is being borne not only in Bihar but throughout the thinkable. The tragedy on the farm is actually com- about growth economics. I vividly recall what he had country. The renewed spates of farmer suicides that pounded by falling incomes over the past few decades. told me about how elections are fought in India (and are being witnessed since the beginning of this year The continuing neglect is aggravated by the massive as well in Pakistan). Knowing the social, caste and reli- perhaps remain unparalleled. Karnataka has witnessed disparity that prevails when farming is compared with gious dimensions that play to the hit during elections, over 700 suicides in the past few months. Marathwa- other sections of the society. In 2015 alone, employees it is the economics that plays the triumph card. What- da and Vidharbha in Maharashtra, Telengana, Andhra have got 13 per cent DA, in addition to the annual in- ever be the social and political reasons, people do tend Pradesh, Punjab, Uttar Pradesh, Madhya Pradesh and crements. Compare this with agriculture where farm- to vote for the party in whose tenure their economics even in Orissa, the suicide figures are rattling. I am not ers have received a hike of only 3.25 per cent in the has improved. blaming the Modi government for these suicides but MSP for rice and now a 5.2 per cent raise in the wheat to ignore the terrible agrarian crisis that continues to price. While industry gets a bailout package at every Even when he was the Finance Minister of Pakistan prevail has certainly posed a question mark as to for given opportunity, farmers have been deprived of a le- (and that was quite some time ago) the country’s whom are these economic policies being formulated? gitimate economic bailout package after having faced GDP was growing at a phenomenal 7 per cent. He was Why can’t economic advisors think beyond the param- two successive years of drought. therefore very sure that his party would spring back eters laid out by the international credit rating agen- into power. But he said he got a rude shock when his cies? Public sector investment in agriculture is also being party was routed in the elections. “I then learnt that deliberately reduced over the years. This year, while GDP is not a touchstone to develop- the pulses import bill itself has touched Rs ment. Launch a direct assault on pover- The tragedy on the farm is actually compounded by 16,000-crores, India Spends estimates that ty/hunger and GDP grows.” It is in that falling incomes over the past few decades. The con- the import bill exceeds the total outlay un- light I think the Bihar results are also a tinuing neglect is aggravated by the massive dispari- der agricultural policy. What miracle can be referendum on the economic policies. If ty that prevails when farming is compared with oth- expected from agriculture when hardly any in a State where 90 per cent population er sections of the society. In 2015 alone, employees significant investments are being made? In lives in villages, the spate of economic have got 13 per cent DA, in addition to the annu- the 12th Plan period, a total of Rs 1.5-lakh- reforms – first in the 10 year rule of UPA al increments. Compare this with agriculture where crore was made available for agriculture. between 2004-2014 and followed ag- farmers have received a hike of only 3.25 per cent in This is even less than the subsidy of Rs gressively by the ruling NDA in the past the MSP for rice and now a 5.2 per cent raise in the 1.62 lakh crore that the New Delhi airport 17 months – have failed to get an elec- wheat price. While industry gets a bailout package at had received and rightly questioned by the toral backing then there is something CAG. Add to this the massive cut in social drastically missing. What is quite clearly every given opportunity, farmers have been deprived sector spending in agriculture, health, edu- evident is that the kind of economic pol- of a legitimate economic bailout package after hav- cation and panchayati raj in the 2015 Bud- icies being perpetuated have somehow ing faced two successive years of drought. get, the neglect of rural India is complete. failed to touch the lives of the poor. That the farmers – comprising 52 per cent of the en- Let’s be clear. The trickle-down theory of development Perhaps sensing this glaring lack of inclusiveness in tire population -- are becoming a victim of growth eco- has failed all over the globe. Propping up the rich class, economic growth projections, the Prime Minister Na- nomics was loudly questioned by leaders of 60 major including corporate, and then thinking the benefits will rendra Modi reiterated rather belatedly at the recent- farmer organizations/unions who met at the 2nd Na- trickle down to the poor has failed. The answer lies in ly concluded Delhi Economic Conclave that the focus tional Convention of Farmers Organisations at Banga- what Narendra Modi rightly said the other day to make of the NDA government would remain on poor. He lore from Nov 2-4. Outraged at the continuous neglect an effort to benefit directly the bottom of the pyra- talked of taking economic reforms to villages without of the farming sector, these farmer leaders have de- mid. This will require a substantial change in economic which growth will be meaningless – something that manded the implementation of the 7th Pay Commis- thinking to turn it pro-people, pro-environment and has been widely accepted but invariably ignored in sion to be put on hold till farmers are paid 50 per cent pro-women. Bihar election results will hopefully help policy planning. If only the Prime Minister had over- profit along with the Minimum Support Price (MSP). make the requisite corrections in economic reforms. come his government’s obsession with growth figures This is what Narendra Modi had promised at the time The sooner it is done the better it would be. and focused from the very beginning on sabka saath of elections but later in an affidavit filed before the Su- sabka vikas the electoral verdict today in Bihar would preme Court the government has made it clear that 50 (Devinder Sharma is well Known agri- have probably been different. In Bihar, a majority of per cent profit cannot be paid as it would distort the culture economist) the population – nearly 82 per cent as per the State market prices. Economic Survey 2015 – remains engaged in agricul- Soil health card and neem-coated urea fertilizer are 6 www.thesabha.org November 2015 India Birsa Munda lecture: Silence of the Governors A paradox of tribals migrating to cities: Workers from Central India and as Students from North-East

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The fifth Birsa Munda Lecture was held in TISS on the So new kind of structures were introduced. Uniform are in state, as IAS officers. But what happened in these theme: Past, Present, Future of the Tribal situation. Civil Law and regulation were introduced in the whole seven decades ? Assimilation or Isolation ? What is In- Birsa Munda (1875–1900) was an Indian tribal free- country and the tribals were subjected to same law tegration in the context of India ? dom fighter and a folk hero, who belonged to the Mun- for the first time. State became an agency to disposses The idea of development as possession in British rule- da tribe, and was behind the Millenarian Movement the tribals through revenue collection, introduction of and disposession with idea of indigenous people, can that rose in the tribal belt of modern day Bihar, and reserved forest and thereby restricting them from ac- only be understood under the frame of colonialism. Jharkhand during the British Raj, in the late 19th cen- cessing land and forest in many ways. People from the Why government schemes has not been able to move tury, thereby making him an important figure in the plains were encouraged to migrate from plain to trib- tribals out of poverty, which is highest in state of Odis- history of the Indian independence movement. al areas since they had more enterprising skill, which ha, Jharkhand and Chattisgarh? Surprisingly they have The speaker on the occasion was Prof. Virginius Xaxa, changed the role of state and commodity market. the highest number of public undertaking. Deputy Director of TISS, Guwahati Campus. He spoke Land became commodity, and credit and labour mar- North East social indicator are much better than na- about the structural feature and efforts about inter- ket came into picture to the tribals, who were baterting tional average and tribal average. This difference in vention under the frame of colonial history, which their way out before. tribal development is because of constitutional mecha- according to him was the determining factor of the Labourers were imported to Mauritius and West In- nism, protection in Central india with acts such as For- present situation. He says, tribals were not citizens, dies, mainly from eastern U.P and Chhota Nagpur area. est, Mining and Wildlife. With large number of dams, and only after the adoption of the constitution mines and public undertaking, how many they became one. And this started the whole Development is not neutral. If you take min- tribal villages are electrified , with excep- process of integration and this integration was erals, you will provide 100 jobs but displace tion of some tribal region ? under the premise that tribals were barbaric Affirmative action is a myth. Inspite of and primitive. thousands. It is in the hands of few. India has heavy military presence in six decades, He stressed on the history which has been in- to take different path than HongKong or US- still N.E has better social indicators than herrited from colonial rule, which is a mono- Ain its own way by social construction, focus- plain areas. It is a paradox of today. graph from the british history and which is Large number of people are going for nothing more than one or two paragraphs. sing on livelihood creation and not livelihood higher education but moving out, migrat- Historians did not try to record tribes but displacement. We may not have luxirious life ing, and eventually are not going back to peasants because they were part of the State. shifting agriculture(Jhoom). So where do Tribals are constituted as people without his- or that standard of living as an European but we go after higher education? Region’s tory and whatever exists today is primarily to a qualitative life. Today market is replacing economy cannot absorb the population. do with oral history as they do not have a tradi- The exodus of tribals from central India tion of reading and writing. Most of his talk was state. I am not against that, but it is doing it as domestic and other workers, and stu- about tribals of penninsular India and North for what ? dents of North east for higher education East India. to Mumbai, Delhi are happening at same Before colonial rule, development was different and vil- Local labours did not show interest in the plantation, time. People are always on the move. lage was the unit with a village head or chief, or some- and thus people moved from Odisha, Jharkhand to As- Development is not neutral. If you take minerals, you times with confedration of village. Some of the village sam, Bengal and also to Andman & Nicobar Island. will provide 100 jobs but displace thousands. It is in heads were democratic and some autocratic, especially Colonial rulers learned from their experience in central the hands of few. India has to take different path than in the Nort-East. These tribals gradually moved from India and introduced various kind of protection but HongKong or USAin its own way by social construc- hunting and food gathering to slice and burn shifting not the market. tion, focussing on livelihood creation and not liveli- agriculture. They had more than one one way of liveli- What is known as V and VI schedule areas today were hood displacement. We may not have luxirious life or hood in their economic structure and social sturcture. called partial excluded areas. There is a strict depar- that standard of living as an European but a qualitative They had a territority of their own and autonomy in ture from what was in colinial period and what is in the life. Today market is replacing state. I am not against their rule. constitution. British chancellor was directly involved in that, but for what ? During the colonial rule, tribals became to be incorpo- the decision making, but now laws will not be applica- The way in which constitution is not followed in letter rated in war in different phases and time. Tribals from ble until the Governor thinks. It is very important, as and spirit, the politics of non-implementation takes Chota Nagpur region first came under Mughal Rule posst- independence no governor has been speaking. over. The vast majority of people who made mon- and then to the British East India Trading company. Indian constitution has more provisions for tribals ey during the colonial period were lawyers. No tribal The region fell into larger political structure, through than dalits. There are broadly two ways through which would like to go to courts. They still have fresh mem- Land Settlement Act and just by the stroke of a pen by it sees them. One is to protect them and second is to ory of the discrimination they faced during colonial Revenue collector, ownership rights of tribals was re- incorporate them in state institution through reserva- period. placed by better cultivators who were from the plains. tion. But it is inconsequential without development. One of the problem I find among tribal is that we are The discontent was brewing in Singbhum area, Orrisa Personally, I feel reservation in politics has not made too microised. We need to think big at macro-to mobil- and southern region at the time of war in 1820. In 1826, any difference. What was the use of reservation of ise people from village, to state to country and so on. A Khasi, Garo of Meghalaya became the territory of Brit- 7.5% in 1950, when literacy level was around 1% of the village of 100 families can’t fight Ambani. ish Empire. Tribes from Mizo and Naga hills were an- tribal.. It does not give employment, it gives endow- nexed but they were creating problems in colonial rule. ment. There are some people who got benefitted and State of Home Guards in India Vandana Rawat Home guards are used during the emergency and for there is absence of any job security. They are offered that day in 1946, first home guard unit was conceived other purposes. At the time of their duty they are 120 days of employment out of 265. The rest of the and raised in erstwhile Bombay state during turmoil empowered with the power of police personnel. Irre- days they are neither employed nor do they receive period of civil disorder and communal riots, as a spective of the vital service they provide, home guards any benefits from the state. They are endowed with civilian voluntary force in aid of administrartion, as are treated as volunteers who are neither employees powers of policemenr while on duty but they could an auxillary to police, under the stewardship of late of the State nor entitles for regular scale of pay. not claim similar benefits. Moraji Desai, ex-Prime Minister. The Home Guard Vikas Samiti;s state level president They are as per the section 4 of the Bombay Home Currently 44,000 home guards are employed by the Mr. Paramod Teling told that the samiti was following Guard Act, 1947, have the same powers, privileges state of Maharashtra. They are not on a regular pay- the legal procedure in order to get the permanent and protection as an officer of police apointed under roll nor are they getting any state benefits. employment status for the home guards of the state. any Act for the time being in the force. They can be One of the guard who is placed in local train in ladies The PIL has been filed in the Bombay high court since discharged at any time by the authority of the Com- compartment, said that the announcment from the 2014. The current case number is 1153-2015. On the mandment, in case s(he) is of the opinion that their speaker says that there is a person with weapon, pro- hearing dates, Nov 30, 2015, the court has fixed the services are no longer needed. tecting you, don’t worry. And women in the compart- date Jan 11 2016 for final disposal of the case. The Samiti members have also conducted meeting ment make fun of them asking where is yours, since The President of the home guard vikas samiti has with the ex-state minister of state water supply and they are not provided with any. been asked to submit an affidavit stating their refusal sanitation, Food and Civil Supplies, Consumer Protec- or acceptance to the home guard rule of 1953. tion, Tourism and Public Works (PWD) Ranjit Kamble (Vandana Rawat is a student of M.A in The home guards are given a wage of Rs 400/day. to discuss the regular emplyment of the home guards. Women Studies in TISS. Mumbai) Fifty one percent of which is funded by the central Every year 6th december is celebrated through out government and the remaining 49 by the state. But the nation as Raising day of the Organization. On 7 www.thesabha.org November 2015 South Asia NEPAL : Nation-State and Masculinity @The Sabha Nepal passed a new constitution on 20 poor response to the disaster somehow The core underlying intersection of the rebuked by Nepal’s Prime minister in September 2015, which was followed by acted as a driving force to re-initiate the disapproval is the status quo of domi- its address to the nation, saying it is protests and violence. The protests are formation of constitution. The Maoists nanace of upper hill castes. From Judi- Nepal’s internal matter. Just before the led by Madhesis, an ethnic group in the and the Madheshi Janadhikar Forum ciary to bureaucracy, most of the state statement was issued, number of Nep- plains of Nepal. The core of these pro- were included in the discussion after the machinery already misrepresent Nepal alese protestors had gathered in UK tests lies in the interjection of solutions long status quo by the NC and the Com- in terms of diversity, with upper hill condemning PM Modi’s visit and alleged pertaining to centuries of exclusion and munist Party of Nepal-United Marxist caste holding powerful position. Jan blockade by India in its border. centralisation of power. Leninist (CPN-UML). Jati group also oppose the reduction of Indian diplomacy has failed to follow the proportionate ¬representation in the internal dynamics of Nepali politics The debate of balancing these core The identity based federalism demarca- parliament from 58% under the inter- with delivering of conflicting messages. problems, has overpowered the celebra- tion was feared by the leadership which im constitution to 45% under the new The khichdi of Hindutva and Madhe- tion of birth. The birth to strengthen can challenge the dominance of tradi- Constitution. si concerns with spice of Monarchical democratic nucleus, the constitution, tional power groups. This is also be- preferences has resulted in a situation and has caused death of more than 40 cause the southern province which has The new constitution has different cit- which is exploited by the anti-indian citizens in the process. Madhesis as majority share the national izenship provisions, which do not give constitutencies in Nepal. boundary with India and a relationship priority to the children born with a for- The protests has also resulted in block- which penetrates into the basic unit of a eign national, but Madhesis because of Masculinity at the juncture of na- ade near Indo-Nepal border, causing state, the family. their geography, often marry across the tion-state outcry for the essential services and border. The new federal provinces also Nepal has become a central point for rationing as Indian Oil corporation has The penetration into family comes divides Madhesis in different provinces, the power struggle between US, EU, In- monopoly for fuel in the land-locked with long shared sovereign boundary. not giving them majority in any, that can dia on one side and China on the other. state. Nepal’s government has blamed Indian states of Uttar Pradesh and Bi- result in political inter-mingling, but re- And these struggles have been polariz- it as a retaliation by India for the new har have ties with the Madhesis. Their duction of power as a community to the ing the society in different ways, through constitution. Nepal has also signed an darker complexion makes them inferior national arena. unequal distribution of international aid agreement with China to open borders, to the relatively fairer and traditionally for instance. Under the guise of Milleni- and hundreds of trucks have arrived car- powerful Brahmins and Chhetris. In Ne- The question of citizenship also has its um development goals and land reforms rying dragon oil through Tibet. There is pali language they are also called dhoti, patriarchal nature because motherhood the capital has already penetrated into also realisation that it is not feasible to which is a derogatory word. The State is not considered as the basis but father- the complex ethnic relationship, with import from China as it is costly, and had used Malaria outcry in the hills hood. It means that if a female marries donor agencies increasing the inequality Nepal is still looking south but with the causing influx of Pahris in Plains and re- a foreigner, their children will not get of political and economic power backed face of masculine aggression embedded stricted Madhesis in joining the security citizenship, which will affect Madhe- by elite lobbying. in the concept of sovereign nation-state. forces. sis, as large number of people from their community upto 1-4 million, will Federalism is not the ultimate solution The government is holding a series The land appropriation through trans- become stateless, as they often marry to bridge the inequality but a step to- of discussion with protesting groups fer of land ownership since the time across the border. But they have been wards it. The federalism in divided so- and promising to move amendment to of Gorkha rulers from the indigenous assured of 33% representation in the cieties of Nepal can turn marginalised include voices of marginalised group people to the state, monarchs and high- central legislature and the post of either national minorities like Madhesis into and at the same it is also blaming In- er caste in different forms has also re- chief or deputy chief. a local state majority. Absence of plural dian government again and again for sulted in the marginilization of groups society in Nepal can backfire the fruits the blockade. The Indian government like Madhesis. This was accelerated Away from the citizenship debate, there of federalism, ethnic federalism in this has shrugged off the responsibility of with international aid and land reform was demand for making Nepal a Hin- context, particularly if linguistic auton- the blockade and has blamed Nepalese propagated in various name. Even land du state and reinstating monarchy by omy is not granted in each state. citizen for violence to the Indian trans- acquired for national park and imple- obviously the monarchists and Hindu porters and has insisted Nepalese gov- mentation of MDGs displaced Madhesis fundamentalists. There were reports The Lippmann-Dewy tension is also fu- ernment to include the voices of all the and indigenous community and kept of Hindutva sections of the ruling BJP elled by the local media representation section of their society in the constitu- on subverting the identity, which was in supporting them and asking Nepal of news, which is highly centralised to tion. The bone of contention remains : connected to the land. And this affected government to remove secular from its Kathmandu shaping public opinion. the rights and special provisions for eth- their preservation of language, culture, constitution, and making cow as a na- The new media project and community nic minorities, including the Madhesis, livelihood, as the space which held it to- tional animal. radio in Nepal is helping in the decen- in the constitution. gether shifted to capital gains by elites. tralization process, but whenever the International and Indian Re- debate comes to the nation-state, the Background Constitution and Disagree- sponse rhetoric of masculine nation state over- In 1949 the Nepali Congress (NC), in ment United Nation and India had only tak- powers the rationality of the plight of its its fight against the Rana autocracy, The debate over federalism has led en note of the constitution, while China citizens. demanded a Constitution which was to an agreement reaching a 16-point and European Union had welcomed it. supported by India during its active in- framework outlined in the draft of con- Even US ambassador congratulated the In the time of consumerist modernity, volvement in ending the Rana system stitution with controversial proposals UML leader and the prime minister KP the nation state masculinity stands at and initiating democratisation of Nepal regarding fundamental rights and wom- Oli, for the adoption of the constitution. the juncture of new consumerist aspi- in 1951. After the fall of the two century en’s citizenship. Apart from devolution The dominance of the hill upper caste rations. The refashioning of masculine old monarchy in 2006, with this consti- of power, there is little emphasis on em- does not appear to bother China, EU identities can be seen from the response tution the federalism debate has contin- powerment of local communities. The and USA keeping Janjatis and Madhesis of French government after Paris attack, ued, and intensified when the Madheshi NC and the UML did not go for broad stay away from political power. from the general election campaigning Janadhikar Forum, a party from the national consensus, as was followed by of Modi’s government 56-inch chest oppressed southern region, burned the the Maoists which faced a huge defeat in Indian government which supported Jan and Nepalese coalition reaction to the document in protest in 2007. 2013 elections. The two-third strength Andolan-II movement in 2005-06 aim- power. of majority in the house led the coali- ing at inclusion of the Madhesis in par- The social fabric of the society com- tion to go directly for the voting through ticular in constitution, is running out Tag of being irresponsible neighbour on prising of dalits, ethnic groups, women, division. of option and in frustration took Ne- India has been doing round since pro- and other underprivileged groups have pal to the UN for crime against human jection of its masculinity through the always been fragile with state centrali- The power sharing proposal with tak- rights. While when Srilanka commited media in recent earthquake. Indian me- sation coupled with the exclusion. This ing Maoist on board came after making genocide of tamils in its region, Indian dia was feeding the consumerist aspira- has also triggered Maoist insurgency in of the constitution, with which label of government merely acted as spectator, tions of the masculine nation hood, with the 1990s and early 2000s. inclusion will still not disturb the dom- may be because there was no dragon praise of army and boasting the effort inance of upper-caste hill groups. The in the Indian ocean. Indian democracy of Indian government, which was soon The NC and UML combination came to NC and UML leadership were not even has still not matured and there are still realised by the social media and #GoHo- power in the second Constituent Assem- part of the genuine people’s movement not enough representation of diverse meIndianMedia was trending for a week, bly in 2013. In a house of 600, the NC (jan andolan II) and unlike Maoists were groups in many state institutions. It will in twitter. emerged as the strongest party with 196 not propagating the idea of republican be childish on the Indian part to not seats, the UML secured 175 positions, and inclusive constitution from the very celebrate the constitution and poke its The environment is already created. To leaving the Maoists a poor third with beginning. The disapproval not only nose publicly into the state affairs of act tough without sense. To compete for only 80 seats. The discussion of feder- includes groups of the Madhes, Janja- Nepal. the malehood and famine the feminity. alism had kept the assembly out of or- tis, and women but also monarchists, The competition is for leading alone, der until April’s devastating earthquake. Hindu fundamentalists and extremist The joint statement by French and In- not collaborating together. The absence of state machinery and the Maoists. dian government for Nepal, issued was 8 www.thesabha.org November 2015 Editorial And the Goenka Award goes to Self Op-ed

Jo tumne wo dekha suna, Sach tha Magar ye Kitna tha Sach ye kisko Pata... The Political Decay Transformation of human nature Ramnath Goenka award for best journalism in hindi went Syed Mazahir Husain to Sudhir Chaudhry, editor of Zee news. He is the one who was accused in Jindal extortion case for 100 crores, caught What is decay and how political decay today is such contemporary development of 20th cen- leading towards a catastrophe that is unimag- tury. The coercion provided by these layers of on camera related to coal block scam. Will this remove the inable for the present and coming generations. institutions combined with the only motive to tainted tag from the underbelly of corporate war ? be economically productive and profiteering is India holds the world’s largest electorate. The making values of these institutions ill equipped No doubt, it went to him under the BJP government. Subhas electoral process also influences people to par- to eradicate inequality. Chandra, the major stakeholder in Zee news has been ticipate in electing their representatives in large numbers. However, there is a question about The present situation is not just about inequal- closely associated with BJP for long time and has even what influences a voter to cast her vote. The ity in terms of human economic, social, cultur- campaigned for the party during elections. question is simply about the issues, the precise al, political deprivation and disparity; it also is issues on which people vote and elect. of degradation of the very concrete object of Zee news keeps a keen eye on ‘anti-national ‘ people, and human satisfaction; “the environment”. Politics especially Sudhir. It did question the intentions of Rajdeep Democracy upholds the values which give does determine it or not is a debate, but inter- people a chance to choose their representative national agreements or even for that matter Sardesai, a renowned journalist, when he was asking ques- at the very local level and issues that are of state policies are a proof of this relationship of tions in New York which became uncomfortable for PM local concern. In the wake of this in actuality, politics with these institutions. Modi. And questioning an Indian PM by an Indian reporter democracy is becoming totalitarian and elec- The rise of religious fundamentalism is one became a question of media ethics and eventually anti-nations are becoming a “one man show”, where phenomenon which can illustrate my point. tional. issues which are inherent to the philosophy of That whenever people are excluded they have sustainable development like health, education, no other option but to seek divine refuge radi- and livelihood are neglected and further remain cally, that much radically that it creates spaces From the controversy of killing of Yakub Memon to Aamir to just simple rhetoric in election campaigns. for religious fundamentalism to grow. The Khan’s statement on intolerance during the award ceremo- ruling class of the country is putting people ny, for anyone who is questioning the state, Sudhir Chaud- Another important determinant of this decay into hallucination by imparting such polarising hary drew parallel a story of army men, who died near the is the indifference of the middle class towards thoughts. The actual issues of doing politics is such issues. On one side we have enormous thus diverted towards more abstract issues of border, and why the people in the debate were not grieving disparity in terms of resource distribution both eating habits, of cultural preservation, religious for them. tangible and intangible and on the other we identities and so on. The resultant of all these have a rise of militant religious nationalism things is a departure towards a theocratic state These are typical characteristics of traits of media person constantly diverging the middle class from which cannot exist in the plural public domain like him. Retweeting all the appreciation by his followers. asking issues for their well-being. of India. Reminding viewers every other minute, that all other media The type of subordination of power by a The decline is also aggravated by the so-called is anti-national and Zee news is the only channel which common person in any given political domain welfare measures by corporates (here corporate cares about media and have concern for common people. today is totally based on some transcendental refers to group of people) just to mitigate the The obsession with self and selfie run across the DNA of or invisible force. The political representation harmful effects of the present capitalist system. his double strands (which is also the name of his nationalis- based on what I call as a social contract of The problem here is simply this, as citizens we exchange, where a person who can represent have taken a firm stand on welfare measures tic show). It keeps on feeding the nation - state masculinity a group is the person who is able to influence as an alternate to the present system. However, of the consumer in different ways. Victimising them for not others to gravitate towards favouring him. This this is what precisely is utopian. speaking earlier and dissolving any rational argument to the favour is guided by how the leader establish- logic of un-patriotic nationalist. es the contract of social exchange within the Utopian in the sense that it diverts us from sus- group that he needs favour from. tainable questioning on structural issues, thus making us part to the same process of being We have to distinguish between the two, a patriot and a The story starts from when evolution of human productive with more or less the same harmful nationalist. species jumped a far more complex leap than effect on environment and to ourselves. any other species around them. This ‘leap’ was The precise nature of ideology in a post ideo- Referring from the notes of George Orwell on Nationalism: having a “memory”. As soon as humans started logical world makes us unable to understand Nationalism assumes that human beings can be classified memorising things they began to act and inter- the contemporary discourses; nevertheless one act with people based on the experiences of the must look it analytically to arrive at a more like insects and that whole blocks of millions or tens of past. Human nature at the same time is consti- radical rational argument. At the same time millions of people can be confidently labelled ‘good’ or tuted; it is not good or bad. It is about the past one must keep in mind that the 20th century ‘bad’. It recognises no other duty than that of advancing histories, of past struggles, of past defeats and communism is not an answer as an alternate one’s interest by identifying oneself with a single nation or victories, of hierarchy. This exchange of some to the present capitalist system. A microscopic other unit. Patriotism has opposing ideas. It is devotion to abstract entity formed the concept of legitima- minority within this microscopic minority are cy which can be traced back to the parting of able to understand the contemporary need of a particular place and a particular way of life, which one human species from their primates. anti-thesis within Marxist school. The con- believes to be the best in the world but has no wish to force stant coercion within is making it difficult to on other people. Nationalism, on the other hand, is insepara- This led to the drive: to be individual, to ac- understand and profess it. The 20th century ble from the desire for power. The abiding purpose of every quire capital and the definition of individualism communism itself failed to a great extent and nationalist is to secure more power and more prestige, not which is based totally on a non-communitarian precisely is not answer to the rotten capitalist way guiding the civilizations. system around the globe and especially in the for himself but for the nation or other unit in which he has The results of this can be seen at various social so called developing nations like India. chosen to sink his own individuality. levels in India, the Varna system and its individuality as a trickling effect on every marginalised I want to assert on acknowledging that change The prestigious award, Bharat Ratna to Rajat Sharma group to be an individual entity and practice is not about a transformation of democracy, (whose channel covers why aliens try abducting cows and individuality and further define and marginalise change should be about transformation of more groups is what can be a good example of human nature, so that people are capable of Himesh Reshamiya) and (Journalism of courage) Goenka this complex social organisation. This also is democracy and till then one must blindfolded, award to tainted Sudhir Chaudhry reflects the advancement one of the prominent reasons for the decaying “watch the decay”. of nationalism over patriotism. It not only undermines the of politics in this country. basic idea of media, to question the state but also keeps on (Syed Mazahir Husain is a student of labeling the people who raise their voice as bad and anti-na- India is not independent in its form; it is in M.A in social work in TISS, Mumbai) actuality a systemic decay of systems. Institu- tional : forcefully, making people to adhere to a certain way tions like religion can be a good example of this of life over others is the core of its nature. correlation of the systemic decay of systems. The rise of right wing militarist forces is one 9 www.thesabha.org Alternatives November 2015

Vikalpa Sangam is a confluence of alternatives, based governance that are downwardly accountable. ing the earth and without leaving half of humanity be- on following principles : 4. Economic democracy, in which local communities hind? Across India (as in the rest of the world), this 1. Ecological sustainability, including the conservation (including producers and consumers, often combined question is being answered by a multitude of grass- of nature (ecosystems, species, functions, cycles) and in one) have control over the means of production, roots and policy initiatives: from meeting basic needs its resilience. distribution, exchange, markets; where localization is in ecologically sensitive ways to decentralised gover- 2. Social well-being and justice, including lives that are a key principle, and larger trade and exchange is built nance and producer-consumer movements, from re- fulfilling and satisfactory physically, socially, culturally, on it. thinking urban and rural spaces towards sustainability and spiritually, and where there is equity in socio-eco- to struggles for social and economic equity. nomic and political entitlements, benefits, rights and VikalpaSangam.Org It provides a space and platform for dialogue among responsibilities. these initiatives, and has been holding confluences all 3. Direct democracy, where decision-making starts at As the world hurtles towards greater ecological dev- over India, from TamilNadu to Timabktu to Ladakh. the smallest unit of human settlement, in which every astation, inequalities, and social conflicts, the biggest The fourth confluence was held in Wardha, Maharsh- human has the right, capacity and opportunity to take question facing us is: are there alternative ways of tra in October, to not only discuss the problems but part, and builds up from this unit to larger levels of meeting human needs and aspirations, without trash- provide alternatives with grassroot examples.

Saving Seeds Shiba Desor The miracle of a seed is that this tiny little thing holds ample is Navdanya in Uttarakhand which has also set considered for approval). within itself the potential to recreate a whole individ- up a learning centre called Bija Vidyapeeth on its or- ual plant or tree. And we humans, like many other be- ganic farm. Another is Save Our Rice Campaign active The direct attack is the imminent threat of simply ings, can come along and enjoy its pleasures, taste the in the four states of Kerala, Tamil Nadu, Karnataka and making the act of farmers selling seeds illegal if the fruit, smell the flower, sleep in the shade of the tree. It West Bengal which organizes regular seed-exchange Seeds Bill comes in force. In such a scenario the entire is the seed that holds promise of the things to come. In festivals. Then there are also organisers of seed-festi- seed market will largely be controlled by private play- that way, it truly gives hope. vals, writers, and citizen campaigners. Since April 2014 ers. At a global level the top three agricultural biotech- The vast diversity of crops and its varieties that we see a national level Bharat Beej Swaraj Manch (India Seed nology corporations – Monsanto, DuPont, and Syngen- in Indian agriculture would not have been possible if it Sovereignty Alliance) has been formed with 100 dedi- ta – control 53 percent of the commercial seed market. hadn’t been for the constant engagement of the farmer cated seed committees from 18 states of India. To add to all this confusion there is the dimension of with the seed, trying it in different environments. And patenting and intellectual property rights over seed this enriching diversity is what gives resilience to a way And ofcourse, millions of farmers all over the country varieties which comes with multiple interpretations of life. (especially women) who remain largely unnamed and and is against the principles of many farmer groups Have you ever wondered what kind of world would it unnoticed when talking about seed savers but have that view seeds as a community heritage. According be where any seed to go in the ground might have to been a vital part of this movement by keeping the cul- to Jacob Nellithanam, “A patent on seed implies that necessarily pass through tedious exchanges of money, ture of seed-saving and growing local varieties alive. a farmer saving seed is an intellectual property theft”. labels, and an externally imposed system that decides From whom else do you think all these individuals and who may or may not let it grow? groups of seed savers have been able to collect their Corporations like Monsanto have taken 1500 patents As absurd as it sounds, there are many forces pushing seeds? There are some farmers in all parts of our coun- on Climate Resilient crops. For Indian farmers to re- towards exactly that kind of situation. try who continue to save these seeds. This becomes main seed-secure and debt-free, a free exchange of dif- Luckily, even with looming threats, the world over, as especially true for areas where rain-fed agriculture ferent seed varieties becomes crucial to counter the well as in India, there are people that are trying their continues and where market-connections remain low. monopolies of seed-control. hardest for us to not have to live in such a world. These areas also need to be considered as conservation centres (or de-centres). With new policies and entry of In Chandigarh, during the second national meeting Who are these people? market this is changing but even now there are corners of the Bharat Beej Swaraj Manch in 2015, members I am talking about the seed-savers. They might do it where these practices and varieties prevail, especially pledged to regenerate and widely share the enormous- in old glass bottles, in clay pots, in plastic bags or old amongst the older farmers! ly rich diversity of traditional crops and crop varieties gunny sacks. The approaches may vary. While some in India as a collective open-source heritage belonging focus on creating seed banks, others feel that the field Why bother? to all, free of any private/corporate Intellectual Proper- is the place for the seeds and the only means to save The centuries (and in some cases millennia) old inter- ty Rights. It was suggested that every farmer or family seed varieties is to grow them, use them, keep them action between farmer and crop has led to evolution of should adopt at least one crop variety for decentral- in circulation on the land. What they have in common seed varieties with different traits like local ecological ized on-farm seed conservation and open-source prop- is that they are helping keep alive seed diversity and suitability (drought tolerance, salt tolerance, flood-tol- agation. also making people pause and think about this very erance) or special characters like particular taste, significant topic. They are saving seeds. And being part medicinal property, bigger grain-size or more grass, An Open letter to Narendra Modi and Barrack Obama of both a continuation of a millenia old tradition, and pest-tolerance or even aesthetic appeal. Such diversi- (by citizens of India and US) written for the visit of US a silent revolution. ty becomes particularly important for food security in president to India on 26th January 2015, also gives out Farmers do it in their own farms or by forming net- the present environment of climate change and associ- the message: Life is not an invention, biopiracy is not works. In Jardhar gaon in Tehri Garhwal, Uttarakhand, ated unpredictability in rainfall patterns and seasons. an innovation, Freedom to save seeds is a fundamental Vijay Jardhari of Beej Bachao Andolan has collected It is important not just to keep this diversity alive, but right. 350 varieties of paddy, eight varieties of wheat, four accessible to the small farmer. of barley, 220 varieties of kidney beans (rajma), eight But I suppose nothing articulates the connection be- of cowpea and 12 varieties of navrangi dhal. In a 2 acre This free flow of seeds is threatened. There has been tween seeds and farmers better than the words of Pe- farm called Basudha in Odisha, Debal Deb plants over a sharp decline in the diversity of traditional variet- ruvian writer José María Arguedas in her ‘Call to cer- 1000 rice varieties in an effort started in 1996 to con- ies, which were best suited to local contexts. Now for tain academics’: serve rice diversity. Gangwar Anjamma, a 55 years old a long time, policies and processes have pushed and peasant woman and a member of Deccan Develop- changed agriculture in a direction where a few hybrid What is there on the banks of these rivers, ment Society in Zaheerabad, Telangana runs the village varieties of a few crops have replaced the highly di- doctor? seed bank which provides the farmers with indepen- verse and numerous varieties and forms of growing. Take out your binoculars dence from Multi National Companies for buying seed. What is not directly used is gradually lost. So has been And your spectacles The women farmers, with facilitation of DDS, organize the case with our varieties especially since the advent Look if you can a Mobile Diversity Festival travelling in 50 villages for of the green revolution. There are no records of how Five hundred flowers 1 month every year to celebrate ecological agriculture. much we have lost but it seems like it is quite a lot. From five hundred different types of potato The Timbaktu Collective, spread over 156 villages, in Take rice for example. At present, we may have a max- Grow on the terraces Anantpur, Andhra Pradesh, has been able to document imum of 6000 varieties (with only a dozen or so vari- Above abysses and collect 28 rice varieties, 31 millets, 18 pulses and 7 eties being known to most of us in cities). At one point That your eyes don’t reach. oil seeds. In Satna district of Madhya Pradesh, Babulal of time India had over 1 lakh rice varieties. Those five hundred flowers Dahiya of Pithaurabad conserves over 80 varieties of Are my brain. rice, along with Desi Makka, Sama, Kakun, Kutki, Kodo To make matters worse, the practice of saving seed My flesh.” and Katia wheat. This along with documenting folk lit- by farmers for re-planting, which has been the way in erature and songs connected to local agriculture and which farming has happened for the past 12000 years, (Shiba is a member of Kalpavriksh, involving children in a practice of such agriculture. In is now under direct and indirect attack. The indirect Pune and can be reached at desor.shi- her small garden of 2,000 square metres in Auroville, attack is by policies and programmes of green revo- [email protected]. She is currently volun- Tamil Nadu, Deepika Kundaji, who left her PhD and lution that pushed and popularised hybrid seed vari- teering in Maati Collective and is an has been farming for twenty years , has 20 varieties eties. Hybrid seed varieties need to be bought anew of brinjal and about seven varieties of lady’s fingers. each year for best results. There is also a threat of alumnus of TERI university. Her blog These are just a few names out of numerous such at- contamination and invasion of traditional seed variet- address : foodwebsandus.wordpress. tempts and initiatives in different parts of the country. ies by genetically modified crop varieties if and when com) these get approved (their field trials in many states are There are then groups that facilitate setting up of com- presently going on, and it is reported that commercial munity seed banks or seed-sharing networks. One ex- cultivation of GM mustard is in fact currently being 10 www.thesabha.org November 2015 World The President 2016: Democrat, Bernie Sander ? A 71 year old grandfather is attracting thousands of Students, Workers and Women @The Sabha “In my view now is the time for developing a serious solve the problem. What American people also under- accroding to race is white 33%, hispanic 37%, and effective starategy to destroy ISIS. Now is not stand is that at the time when wall street or corporate afro-American 53%.And when they are unemployed the time for cheap political talk or trying to take America have enormous power, we are left. This cam- bad things starts to happen. And if anybody think advantage of this difficult moment.Now is the time, to paign is not about election, is about creating political there is no correlation between unemplyment and unite the world in an organised campaign by bringing revolution. What that means is not complicated. youth ending up in jail, they are wrong. So maybe together all the countries - even with countries we instead of investing in jail and incarceration we should have disageement with. Along with Russia and the In last election 63% of people did not vote. Most of invest in jobs and education. Instead of spending muslim countries who are today face to face with ISIS. the lower income group did not vote. What our job is 80 billion dollar on people to lock out why can’t we What we need is international coalition include Iran, and it is not an easy job. Our job is to reach out is to spend on education. It costs less to spend on someone Saudi Arabia, Kuwait and Turkey. bring out people together. Asian American, Hispanic, to put in jail than to put him in college. Asian, Gay and Straight, Men and Women, people What terrorism is about? Trying to instigate fear and who were born in this country, people who immi- There is no rationale why women are paid 75 cents to terror in the people, into the hearts of the people. We grated to this country because when we allow them dollar comapred to men. It is sexism and not accept- will not let this happen. As Americans we will not be to divide us, we lose. We are the vast majority of the able. What they (republicans)mean by family values? terrorised and we will not live in fear. I am disturbed people in this country and when we come together No women should have right to control their body. I with what I have been hearing from Republican we can deafeat people with all of the money and all of disagree.That our gay brothers and sisters don’t have colleagues. the power rights to get married. I disagree. I believe in family value. USA does not guarantee paid family and mater- During this difficult times, we will not succumb to One of the best compliment i have received is came nity leave. It is not the family value to tell a mother to racism, we will not allow ourselves to be divided and from the guy, from somewhere in the west coast. He go back to work after a month she had a child. I want succumb to islamophobia. And when hundreds of said Bernie, you are treating us like we are intelligent to guarantee three months of family leave. people have lost everything but left with only shirts people. on the back, we will not turn our back to the refugees I will lead the effort to end the TPP corporate part- from Syria and Afganistan. We will do what we will This campaign is not about me telling all kind of nerships. Whether Corporate America likes it or not do best. Fighting racism, xenophobia, fighting fear. jokes. I simply lay on the table most serious issues they have to start creating jobs here in America and facing in our country. Some of you may agree, some not in China and Vietnam. We will learn the lessons from history. Back in 2002, of you may not but that is what democracy is about. we had a president, called President Bush. You re- When we use these words like greed, fraud and dis- member President bush. He was very very tough, but Democracy is about, is pretty simple, it is about honesty and arrogance these are few of the not very smart. He and Dick Cheney and whole lot talking about issues, repectfully with each other. adjectives to describe WALL STREET. The greed and of them were tough. and they said we should invade Rememeber every problem we face is caused by recklessness of the Wall Street led to loss of million of Iraq. And we should do it alone. That has resulted in human decisions, every problem that we face can be jobs. We need a banking system which is part of the

1. He was against the war from 9. Has a grassroot campaign with icy. start individual donation and won’t 17. Wants to show more support 2. He has always been against take donations from billionaires. to veterans. the Keystone XL pipestone. 11. Wants to end war on drugs 18. Raise taxes on Wall street to 3. Against the Trans Pacific Part- 12. Wants to lower incarecera- fund education by making public nership tion rates and work on criminal university free and accessible. 4. Stands for LGBT rights justice system, which is baised 19. Consider Climate change as 5. Strong supporter of women’s towards minorties. one of the cause of terrorism and right and Planned Parenthood. 13. Treat marijuana as mental ill- is ready to share the knowledge 6. Strong supporter of the Black ness issue rather than criminal. and technology to the world, to Lives Matter movement. 14. Wants to raise minimum wage work against it. 7. Believes in universal health- to living wage to $15 per hour. 20. Believes that the Muslim care. 15. Acknowledges and wants to countries should lead the war 8. Wants to reinstate Glass-Stea- fight against climate change. against ISIS from middle-east, gall Act 16. Wants a fair immigration pol- with a world coalition. loss of many lives of Americans as well as Iraqis. It overcome by better decisions. productive economy, which can provide affordable has caused huge instability in the region and we are loans, small and medium enterprise loans to provide paying today the price for that instability and chaos. I am happy, more and more people discussing, that jobs. Six largest financial banks have assests equiva- I have to tell my republican colleagues, we have got is the issue about the grotesque level of income and lent 58% GDP . 2/3rd of the credit card, 1/3rd of the to be tough but not stupid. Yes we need to create a wealth inequality that exist in America today. Plain mortgages. When you have such financial powerful world wide coalition to defeat ISIS. and simple. in the United States today we have more institution having political and economical power, the income and wealth inequality than almost in any oth- state hardly exists. Yes we will lead the world in defeating ISIS, but yes at er country, since 1928. Today in america, the top 1/10 the same time we will rebuild the disappearing mid- th of 1%, not 1%, 1/10 th of 1% owns as much as the When we tried to regulate it, Wall street spent 5 dle class of this country. We are a great nation and we bottom 90%. One family, Walden family of Walmart, billion dollar campaign lobby against the regulation. can accomplish both the goals. owns more weath than bottom 40% of the American Signing super pact with democrats and republicans. peeople. We need to end this. Establish glass steagall and break About 6 month ago we began this campaign with no this huge banks. If a financial institution is too big to money- no organisation. We have come a long way in You have got people working in two or three jobs, fail it is too big to exist. I find it interesting not one six and half months. We have brought about 300,000 husband is working , wife is working. And yet today in CEO has a criminal record but hundreds of Ameri- to rallies like this all over America. We have hundreds America 58% of all new income, is going to top 1 %. can in jail because of marijuana. We should not be in of volunteers in the state all over the country. And This campaign is about making economy that works country where there should be bank to big to fail and when the pundits said you can’t run it without the for all of us and not just millionaries and billionaries. bankers too big to jail. money from billionaires, without a super pact.We are doing it without a super pact. I am very proud to say This campaign is sending a simple and straight mes- We are going to make public university education that. We have 800 thousand individual contribution. sage to the billionaire class. In America, when people free. Any kid irrespective of family background can This is first campaign in the history of America to have power, the billionaire class will not have it all. make it to top. Wall street came begging to us, the raise this much amount of money through individual The billionaires class will not get huge tax breaks, congress, when their greed and recklessness made campaign.. Our campaign is people’s campaign. We when children in America go hungry. They will not them bankrupt. We bailed them out. Now it is their don’t want Wall Street money. We don’t want corpo- continue to send us job in china, when millions are turn to bail middle class out, students out.” rate money. We will win this on our own. jobless here. They will not continue giving huge com- pensation packages to CEO, when they cut the wages, This country is facing some enormous problems and the pensions and healthcare. (A part of his speech in Cleveland, American people are catching on that establishment Ohio ) politics and establishmnet economics is not going to For high school graduates unemployment rates 11 www.thesabha.org November 2015 World GlassSteagall The Sabha It was a banking act of 1933, just after Great De- pression. It is named after its Congressional spon- sors, Senator Carter Glass (D) of Virginia, and The #ParisAttacks and France’s long Representative Henry B. Steagall (D) of Alabama. It divided the banks into two groups: the com- history of colonialism mercial banks, that take your deposits, ordinary Frank Gerits people, supposed to give money to small businesses to help grow the economy; and then the In the wake of the #ParisAttacks earlier this month, Cooper, have painstakingly documented, Algerians investment banks, taking money from rich people, lots of think pieces emerged that tried to make sense and – to an extend – Africans in French West Africa investing it in more speculative activities. of the vile acts that took the lives of 130 people were legally viewed as French citizens, within the on terraces and in the Bataclan concert hall. Two longstanding tradition of France’s universal Repub- During the Clinton administration the division competing narratives emerged: one emphasizes how licanism. After the Second World War the colonial was eliminated. Citibank wanted to bring together the French way of life with its universal republican project was transformed into the modernization these various financial institutions, and the result values was attacked, another – less publicized – ex- project. Colonialism was no longer an economic en- of that was : Glass-Steagall repealed. planation focuses on the tormented legacy of French terprise, but a technocratic one aimed at increasing colonialism in Algeria. However, it is only by unpack- the standards of living while strengthening societies It resulted into bigger banks that became too big ing the complexities that tie both narratives together through Western expertise. However, once Algeria to fail The culture of risk taking, that’s associated that we can begin to understand the position of the successfully claimed its independence in March 1962, with the investment bank, spread to the whole Paris attacks within the international history of the the colour-blindness of French Republicanism was banking system, and so all the banks became 20th and 21th century. written out of French history. The so-called “failure” speculators, actually lending to small businesses of French modernization in Algeria was blamed on lower than it was before the crisis. First of all, on the day of the attacks, French Presi- the racial “otherness” of Muslims. dent François Hollande declared a state of emergen- And the kinds of conflicts of interest that were cy. While touted as an ‘exceptional’ measure, Hol- Moreover, the European integration process had rampant in the years before the Great Depression lande’s decision should be more accurately viewed imperial overtones as well. Particularly for Charles started to appear all over the place in the financial as an historical reflex. After all, the French state of de Gaulle, European unification was not only a way sector. emergency is intimately connected with colonialism to keep German ambitions in check, but it also and its effects: it was declared during the Algerian offered a tool to manage the fledgling French empire To which Bernie said if you are too big to fail, you War of independence in 1955, 1958 and 1961, in the in Africa. Eurafrica, the supposed “natural” union are too big to exist, and he wants to break the course of a secession movement in New Caledonia between both continents remained a powerful idea banks into smaller ones, which can redistribute in 1984 and during the riots of young Parisians of up until the end of the 1950s when different forms the risk and capital. North African and African decent in 2005. The state of independence and self-rule seemingly became of emergency was instated once again because a inevitable. At that point colonialism was written out vicious civil war in a former semi-French territory – of European Union history. Syria became a mandate territory after World War I – has provided a fertile ground for terrorist attacks. As European amnesia about colonialism began to set in, black intellectuals such as Martiniquan writer Similarity, the French anger about the Belgian Aimé Césaire stressed the hypocrisy of the impe- inability to control the movement of terrorists on its rial enterprise. French imperialism had carried the soil is also not new. As documents from the French promise of economic development and Republican foreign archives in La Courneuve show, Belgium was citizenship but instead brought destruction and already the place where Algerians had a hide-out oppression. In 1955, Césaire attacked the European in the 1960s and a country where members of the claims of moral superiority. Europe bragged about TPP Mouvement national Algérien (M.N.A.) shot F.L.N. its so-called achievements, the diseases it had cured, TRANS PACIFIC PARTNERSHIP supporters in Mons. and the improved standards of living it had deliv- The Sabha ered, while in fact the Europeans had only taught At the same time, however, we should not dismiss men to have an “inferiority complex, to tremble, to The Trans-Pacific Partnership (TPP) is a trade the feelings of Frenchmen and Europeans who kneel, despair and behave like flunkeys.” agreement under negotiation among 12 nations: see the values of democracy and the open society Australia, Brunei, Chile, Canada, Japan, Malaysia, violently attacked by men who feel excluded from Finding an appropriate response to the threat of Mexico, New Zealand, Peru, Singapore, the US those societies. Most observer points out with great terrorism therefore does not only require a force- and Vietnam, which comprise 40% of the world’s subtlety that Daesh perverts the values of Islam as ful response, exemplified by Manuel Valls’ call to gross domestic product (GDP). it is being practiced today. At the same time there “annihilate” the enemies of the French Republic. is little attention for the recent history of French It also requires European leaders to acknowledge The basic point is that this is a trade agreement Republicanism and the values that have sustained how millions were excluded from access to what that has all kinds of provisions intended to re- the European integration process. were supposedly universal values. As the decoloni- strict regulations and transfer power from state zation process dragged on and Europe’s paternalist to market. Instead, Belgian Prime Minister Charles Michel and ambitions lessened, Europeans became more explicit President Hollande have announced tighter security about the fact that non-whites were not entitled to Imagine a corporation suing a government, saying measures, but they fail to spur a debate about what the same rights they themselves enjoyed on the old that they have right to kill and you cannot regu- the values are Europeans are supposed to fight continent. late my product. And if you do then you have to for. This is problematic since a key justification for pay me not to kill you. tighter security and more surveillance rests on a A good way to come to terms with the fact that both major contradiction: the democratic project should the European project and the political ideologies On a provision very similar to this related to be defended, particularly because “we,” Europeans of Islam have perverse outgrowths might be the Tobacco, Uruguay is being sued by Philip Morris, consider the values that came out of the French universalization of empathy. Devastating terrorist the successor to Philip Morris, because Uruguay Revolution to be universal, beneficial for people no attacks like the one in Paris happen at regular inter- passed a regulation, as did Australia, that on the matter where they live. At the same time it is also vals in Nigeria and Kenya, and should therefore – in package you have to say that this is bad for your believed that “others” commit terrorist acts because equal measure – be presented as an attack on “all of health. they disapprove of “Western” values despite of their humanity.” universality. Similarly, in the case of restriction of emissions of @FrankGerits carbon, corporations can sue the government for The key to understanding this paradox lies in the International historian (Belgium), loss of profits due to regulation and same is the complicated legacy of colonialism, which – particu- Postdoctoral Fellow, University of the case for medicine. larly in the French context – tainted the democratic Free State values that are so fervently embraced today. As Just like the TPP, TTIP the Transatlantic Trade historians, such as Todd Shepard and Frederick and Investment Partnership, a planned trade pact between the United States and European Union , undermines safety and environmental regulations to serve corporate interests. 12 www.thesabha.org November 2015 Pyjama Narey #OccupyUGC : Access to Higher Education Nowruz Over the last few days the country has seen one of the largest student uprisings in access to education, and education is promised as an opportunity to break free its recent history. UGC’s decision to scrap the non - NET scholarship, as declared on from these structural inequalities, then/ and it is criminal to deprive these sections 20th October 2015, after a UGC meeting dated October 7, 2015, served as a tipping of our society of education. In any case only 4.5% of Indian students reach higher point for the simmering unrest within this student community, which has long been education and even fewer continue into research. If the Government withdraws its struggling under the assault of rising tuition fees and cost of education, reckless support to these students in their middle twenties they will have little option than semesterization program at undergraduate level and deteriorating quality of public to look at alternative ways of self-sustenance or drop-out. This will also reflect in higher education due to fund cuts and a plethora of market oriented/vocational the research questions that will be raised within universities and as the student courses taking advantage of job insecurity. The student community erupted in community in the university gets elite so will its area of research. anger, bursting into massive protests in various universities all over the country. In Delhi, UGC office was stormed by hundreds of protesting students, who occupied This move by the UGC needs to be understood in the context of India’s larger sub- space outside - chanting slogans, singing songs, clashing with the police (twice now mission to WTO diktats. It is yet another move towards marketization and privatiza- the police has lathi charged students, leaving several injured and at least five hospi- tion of higher education in the country. Bending under the World Bank’s insistence talized) and refusing to budge/vacate until their demands were met. Students across to reduce fiscal deficit, Indian government has already been cutting funding and various colleges and universities resonated with the movement within a matter of subsidy to many important sectors in the economy. Higher education is yet another hours and a broader solidarity against fund cuts has been forged among the agi- field which the government is now intent to open up to market forces. With more tating students of Jamia, NEHU, JU, AUD, JNU, SAU, DU, MGHAHV Wardha, HCU, and more private universities being encouraged to set shop in the country, the gov- Gujarat central university, Haryana central university. ernment has also been repeatedly announcing and glorifying the prospective entry of foreign universities in India’s higher education sector. Under the non-NET scholarship, UGC has been providing a monthly sum of Rs. 5000 and Rs. 8000 to MPhil and PhD scholars respectively. Not indexed to inflation, December 2015 will mark the WTO-GATS Conference wherein the Government of this amount has been proving too small to cover ever increasing cost of education India is all set to allow 160 member countries of WTO to establish universities in and research/for a comfortable and dignified life as a research scholar, and in any India as commercial ventures. With this, the people’s right to education will be com- case, students of all state universities (particularly state universities) are outside pletely dismantled as the government will then be bound to protect the interests of This move by the UGC needs to be understood in the context of India’s larger submission to WTO diktats. It is yet another move towards marketization and privatization of higher education in the country. Bending under the World Bank’s insistence to reduce fiscal deficit, Indian government has already been cutting funding and subsidy to many important sectors in the economy. Higher education is yet another field which the government is now intent to open up to market forces. With more and more private universities being encouraged to set shop in the country, the government has also been repeatedly announcing and glorifying the prospective entry of foreign universities in India’s higher education sector. December 2015 will mark the WTO-GATS Conference wherein the Government of India is all set to allow 160 member countries of WTO to establish universities in India as commercial ventures. the ambit of its benefits. The decision of the committee (that was instituted by the foreign and domestic corporate houses that pursue profits in the sector. To create UGC in February 2015, ironically, to look into the enhancement of the non-NET) to a “level playing field” for these profit making entities, the government will need scrap the scholarship was under the pretext that its outreach was limited to central to dismantle all subsidies and support to public universities, so that these private university researchers. As a result the first delegation of protesting students raised and foreign entities can “compete” with public universities in the market. It is in the demand that the scholarship be reinstated unconditionally, its amount must be preparation for this commitment to the WTO that the government took this move enhanced and its outreach must be expanded to cover state universities as well. In to scrap the non-NET scholarship. Thus we need to understand this as a deliberate response the UGC agreed that the scholarship will be continued in its present form, attempt to sabotage public universities in preparation for the planned privatiza- but by a sleight of hand, institutd a review committee that will decide the criteria tion and marketization of higher education of India. There is an uncanny similarity (merit or income cap) through which it will now be given only to selected students between the way the demise of public healthcare one cannot help but observe the across central and state university researchers. mushrooming of Maxx and Fortis hospitals while most of the populace requires AIIMS. Both of these are social sectors and privatisation in these sectors inevitably Over 800 student protestors marched to the MHRD rejecting the additional criteria means the continuation and exacerbation of inequality in our country. on 5th november, denouncing it as an exclusionary measure. Smriti Irani was forced to meet the students outside the MHRD and merely reiterated what the UGC had Having understood the design of the Government the students have waged this already told the students. She also admitted/said that there is no student represen- larger struggle for the right to education demanding increase in the scholarship tative within he review committee and though students could send in depositions amount, indexing it to inflation, dissociating it from any notion of “merit”, bring- regarding what sort of criteria they would prefer, no student will be a part of the ing all universities (including state universities) in the ambit of this scholarship, committee. Students decided to present the review committee with a mass depo- and most importantly to put a complete halt to the process of privatization and sition rejecting any additional criteria on the 18th of November. The students rally marketization of higher education in the country. #Occupy UGC has been able to wasn’t entertained by the MHRD and stopped way before it reached the ministry reach the student struggles that had been already happening and been able to give gates. Police force was again unleashed on the students and the students were force- a call for unifying these struggles across the country. In line with this, the coordina- fully removed from the site and detained at the Parliament Police station. Students tion committee of the OccupyUGC movement (a committee of representatives from were beaten up, pushed, groped and clothes of many female students were torn various colleges, universities and student organizations which has been leading the during the same. The police behaviour has gotten worse with time and many a times movement) has declared a national rally for ‘Dilli Chalo’ on the 9th of December male police officials have openly assaulted female students. against ceding education as a tradeable service in the upcoming Nairobi round at WTO. Thousands of students would be marching to the Parliament on the 9th to It is acknowledged that despite the non-NET being a meagre amount in view of the register their protest against this move to auction out their right to education to skyrocketing inflation in the country, it serves as a lifeline to a large mass of students private players. from poor/working class backgrounds, Dalit families and female students seeking self dependence. In a country where structural oppression based on class, caste and (Nowruz – A Political organization working among students gender has kept large sections of the people historically deprived and away from in Delhi on the issue of Education) 13 www.thesabha.org November 2015 Media Analysis The Khadija Project Honour all without favour in Azerbaijan One year ago today, investigative reporter Khadija Gowhar Farooq Ismayilova, 39, was unjustly jailed in the Azerbaijani On September 4, 2014, two days before floods Cut to November 23, 2015 and the Ramnath Go- capital of Baku. Her colleagues today release new sto- wreaked havoc in Kashmir, two TV reporters, Na- enka awards in the capital. Journalists like Sid- ries building on her work revealing corruption among zir Masoodi of NDTV and Aasif Suhaf of News24, diqui did not find even an honorary mention in Azerbaijan’s top officials and their friends. Nearly 70 waded through chest-deep water trying to reach a ceremony that attracted some of the biggest journalists, researchers, and supporting organizations the first floor of the Bone and Joint Hospital in names in Indian politics and the arts. Though gathered in Istanbul in November to share skills, notes, Srinagar where patients had just been moved to Siddiqui lost his life while on duty, a Delhi-based the upper stories as the water level kept rising. It reporter won the award for reporting on the and plans for future stories following up on Ismayilo- had been raining torrentially non-stop for days. Kashmir floods. va’s work as part at the seventh annual conference of Moments later, both rushed to Bemina where the This is not an aberration. Most journalists who the Organized Crime and Corruption Reporting Project water had broken one of the dykes of the flood work from small towns or the hinterlands share (OCCRP). channel. With their wet clothes on, the duo con- a similar fate. They break stories which high-pro- tinued reporting, making their way to house after file journalists sell, face intimidation and live on house where hundreds were still trapped. meager salaries. Often labeled as ‘contributors’ Scenes like these became common in the days to and ‘stringers’, they have no contracts with the Journalists Pushed out of come. Journalists, most of whom had no informa- organizations they work for and do not win tion about their own relatives, continued cover- awards or fellowships. Paid per story or per pic- Jobs in Turkey ing the floods, putting their lives and the lives of ture, they are, as the Dainik Jagran editor in J&K, Around 1,000 journalists have been pushed out of their colleagues at risk. Abhimanyu Sharma, said when referring to Sid- their jobs since the increasingly powerful Turkish With limited boats, no life jackets and no telecom- diqui, “stringer[s] who contributed pictures as president’s party won re-election earlier this month. It munication network, dozens of Kashmir-based ‘shouqia’ (as a hobby).” was shortly before Turkish authorities summoned Can journalists preferred covering the catastrophe Such cases exist all over India. Tarun Kumar and saving trapped people rather than staying Acharya, who worked as a stringer for Kanak Dundar, the editor-in-chief of Cumhuriyet, one of Tur- with their families in safety. TV, a local Oriya TV channel, and as a reporter key’s largest newspapers, and one of his most senior One of them, Shafat Siddiqui, who contribut- for Sambad, one of the largest circulated Oriya editors, to court and locked up in a jail cell explained ed his photographs to Pacific Press and Dainik newspaper, was found murdered on May 28, why he believed the government under the country’s Jagran, was found dead with cameras still slung 2014. Acharya was allegedly killed over a news increasingly powerful president, Recep Tayyip Erdo- gan, had continued to crack down on the press even This is not an aberration. Most journal- after its decisive election victory earlier this month. ists who work from small towns or the hin- Dundar was jailed on Thursday and faces a possible terlands share a similar fate. They break sentence of life in prison on espionage and terrorism charges for publishing a report in May that included stories which high-profile journalists sell, photos and videos alleging Turkish intelligence offi- face intimidation and live on meager sal- cials were smuggling weapons to Syrian rebel fighters aries. Often labeled as ‘contributors’ and described as jihadis in January 2014. The report, yet to ‘stringers’, they have no contracts with be refuted or denied, shone an uncomfortable spotlight the organizations they work for and do not on allegations that Turkey has supported, or at least win awards or fellowships. Paid per sto- turned a blind eye, to the growth of extremist groups in Syria, including ISIS. ry or per picture, they are, as the Dainik Jagran editor in J&K, Abhimanyu Sharma, said when referring to Siddiqui, “string- Journalist’s Facebook ac- er[s] who contributed pictures as ‘shouqia’ count blocked in Kerala (as a hobby).” The Facebook account of journalist VP Rajeena was blocked after she put out a post about child sex abuse during her time at a madarsa on November 21. The around his neck on September 11, five days after item on children working in a cashew processing events, Rajeena’s Facebook posts says, were spread he went missing. According to his family, Siddiqui unit. According to the police, the owner of the out across her six years at the madarsa. Rajeena started was asked by his office to photograph the clock cashew plant arranged contract killers to elimi- tower in Lal Chowk. nate Acharya. receiving threats after she put up the post, which made “He had no fuel in his car. They called him again Similarly, in November 2014, M.V.N. Shankar, a her write another post in which she said that despite and he went out to fetch petrol and then left at senior journalist for the Telugu-language dai- everything, she would remain fearless. around 10.30 am,” The Indian Express quoted ly Andhra Prabha, died at a local hospital a day (IndiaToday) Siddiqui’s uncle as saying on September 24. after being beaten by assailants with iron rods. When reporters from Delhi landed to cover the Shankar had frequently reported on the oil mafia. floods, most of them were not clear how to access None of them was deemed fit for something like the areas submerged under water, who to contact a special category award called the Journalism of Murders of journalist in and how. The administration, by the then Chief Courage which The Express Group declared for Minister Omar Abdullah’s own confession, was its correspondent Vijay Pratap Singh who died Brazil missing. The only working solution for covering due to the injuries he sustained in a bomb blast Over 30 journalists and bloggers have been murdered stories was to either explore possibilities around in Allahabad on July 12, 2010. in Brazil since 1992, making it a dangerous place for Srinagar airport (which was untouched by the And, this is not the case with only the Ramnath those who speak out against local corruption – espe- floods) or follow the army operations. Goenka awards. It is true almost everywhere. cially in the country’s remoter regions. And a culture Many journalists who opted for the latter almost Since these journalists are not staffers or do not acted like embeds, prompting criticism that the work for big corporations, they are not even of impunity means the killers are rarely brought to jus- army was using its rescue efforts as a public rela- nominated for awards. tice. In a country like Brazil, where there were more tions opportunity. Questions like: “Are you grate- There is absolutely no doubt Singh deserved the than 52,000 murders in 2014, it is not always easy ful to the army personnel who rescued you?” put award but so do the Siddiquis, Acharyas and to identify patterns. Many other Brazilian journalists by some reporters were controversial and the Shankars of the world who report in adverse con- have had to deal with violence, threats, and even im- recreation of scenes was also not unethical. ditions, with limited resources and without much The fury of locals against this phenomenon rose backing from the organizations they work for. prisonment as part of their work. A report by Brazil’s to such a level that the reporters, who had been The idea of the awards should be to honour bril- Associação Nacional de Jornais (National Newspaper working out of the Valley, had to remove the lo- liance wherever it can be found, even if it means Association), quoted in an article in The Guardian, has gos of the channels from microphones for weeks seeking out those who may never be nominated. said that in addition to the killings, 24 journalists have after the floods as they feared a backlash. Most of been imprisoned, 33 have been the victims of assault the journalists and editors in Delhi did not understand the sensitivities on the ground. Scenes (Gowhar Farooq is an assistant and 59 have received threats since 2008. like these were repeated in the aftermath of the professor at the AJK MCRC, Jamia Nepal earthquake. Millia Islamia.) 14 www.thesabha.org November 2015 Law & Justice Constitutionalism: Exception as norm Trijeeb Nanda Reaffirming faith on Constitutionalism, this year, law like Bhagat Singh nor can a terrorist be executed in necessity. In cases of necessity, exception is employed day was re-christened as Constitution Day. Constitu- contravention with constitution. for a temporary period to deal with already occurred tion is a document, which dictates the past, defines The Constitution declares its goal in the preamble, en- extra-ordinary situation. the present and shapes the future of the country. It’s shrines individual human rights as Fundamental rights The judicial justification of this permanent state of the religion of the state. All the entity under the poli- and certain principles and policy as directives for the exception through constitutional interpretation by the ty defines them and derives their validity from it. In a state. To materialise these proposition, it entrusts the judiciary amounts to normalization of an abnormal constitutional democracy Constitutionalism is the only legislators with legislative authority and the execu- situation as a part of Constitutionalism. This, yet to be way of life, and there exists no life beyond or above it. tives to execute the same. And to secure the exercise defined exception, has become the technique of gover- Constitution is indeed a law, but distinct and different of authorities in compliance with the constitution, it nance under various constitutions of the world. from other law. In the form of legal rules and prin- empowers the higher courts to review the action ju- ciples it encompasses the common will of people. It’s dicially. Extra-Judicial Execution a union of law and politics, and both a political and However, the ad verbatim retention of the colonial Constitution guarantees right to life of every person legal document. Constitutionalism requires both rule norms and the construction of the constitution with without any discrimination, and categorically prohibits of law and rule of politics to be in consonance with the due respect to the precedent of the common law it‘s deprivation except according to procedure estab- Constitution. courts critically challenges the claims of Constitution- lished by law. But the people killed in encounter by Curiously, constitution (the Grundnorm), which is the alism. The major penal laws, role of enforcement agen- security forces are not availing this protection. These product of a long historic revolution, doesn’t encour- cies, principles like eminent domain and sedition were executions are popularly known as death by encoun- age revolution. It recognizes the right to resistance of kept intact in the constitutional democracy. Even the ter, more specifically police encounter. Where security the government against the people but doesn’t confer judiciary judicially justified these retentions; complete- forces claims that, the execution is the result of exer- the same right on the people against the government. ly ignoring the values of freedom struggle and admir- cise of self-defence and those executed are terrorist, By this constitution demands the adherence of people ing the judicial precedent of British colonies. extremist, Maoist etc. to Constitutionalism without any exception. However Even if the claim of self-defence by police is true, the the mixture of law with politics leaves wide scope for law requires the judicially established procedure to its stake holder to practice mischief, specifically in the The State of Exception in Constitutionalism be followed for justifying the execution. The security name of Constitutionalism. Suspension of constitution is a part of Constitutional- forces are neither conferred with any impunity nor ism. As an exception to constitution, emergency provi- exempted from criminal liability by any specific excep-

The informal suspension of constitution by perpetual state of exception and extra-judicial execution, without any formal declaration, seems to have become the integral part of Constitutionalism. In which the constitution is being used as a political document to enforce the political will through judicial platform. Where the political will is to eliminate all those who don’t inte- grates into the system or to whom the system doesn’t integrate.

Role of Law in Rule of Life sions are enacted to control abnormal situations. The tion. Furthermore, the rule of law doesn’t discriminate Relation of human life with law is of antiquity. How- government is conferred with the power to pronounce between a terrorist or Maoist with any other person. ever, elevation of law as the ruler, in its present form, the proclamation through a formal declaration and the But in every encounter death, the security forces en- is the outcome of a long process. In which it has ad- only justification for the suspension is enforcement of deavour to establish that those killed are terrorists or opted various forms without changing its role. The Constitutionalism. extremists, and few civil rights activists says they are role of law has always been to limit the autonomy of This principle of necessity has widely been invoked not. The claim and counter claim becomes the ‘fact in man by controlling and regulating his behaviour. Thus, to enforce political wishes through law. Adolf Hitler issue’ and this irrelevant ‘question of fact’ suppresses law is always used as a means to an end; as ‘law of invoked the emergency provision of the German Con- the relevant ‘proposition of law’ that law of this coun- nature’, it justifies the act of mighty, and as ‘natural stitution, and never revoked. Thereby, established a try doesn’t permit “anyone to kill anyone”. Thus the law’, the power of reasoning. After the emergence of permanent state of emergency, where the role of law ‘rule of practice’ has successfully replaced this propo- nation-states and positivization of law, law became the was to establish the rule of law of Hitler. In India also sition of law under the normal operation of the con- language of state and a means for serving its wishes. it has been used as a tool to satisfy the political wish. stitution. But in the contemporary modern democracy, governed Suspension of Constitution inevitably pushes the hu- The informal suspension of constitution by perpetual by the constitution, state became the subject of law. A man life into a state of exception. It essentially creates state of exception and extra-judicial execution, with- paradigm shift in the rule of governance, where state an abnormal situation where role of law is to make the out any formal declaration, seems to have become the became a means to serve the wish of law (Constitu- life of the normal people difficult. That’s why it be the integral part of Constitutionalism. In which the consti- tional Law). Through consensus, interest was attribut- act of Hitler in Germany or the act of Indira in India in tution is being used as a political document to enforce ed to law and its supremacy was established. the late 70s, invariably invites condemnation without the political will through judicial platform. Where the The establishment of Constitutionalism essentially di- any exception. political will is to eliminate all those who don’t inte- minished the relation of law with politics. Law and pol- Apart from this constitutionally recognized and de- grates into the system or to whom the system doesn’t itics became one and the same thing. It also changed fined exception, i.e. formal declaration of emergency, integrate. the nature of law from a ‘mere means’ to an ‘end in the political history of the modern democratic polity itself’. indicates about the evolution of new technique for em- ploying exception. Here, law employs exception neither (Trijeeb Nanda is a lawyer and a Re- Rule of Law and Constitutionalism by invoking nor by suspending the constitution. Nor search Fellow at Tata Institute of Social The constitution inter alia embodies the principle of it is formally promulgated as emergency. The role of Sciences, Mumbai (Criminal Justice Fel- rule of law; i.e. equality before law and equal protec- law in North-Eastern states and other so-called disturb lowship). He is currently working on tion of law to every person. Thus, very often, ‘rule of areas of the country are the examples of employment law’ and Constitutionalism is used interchangeably, of the new technique. In these areas, the operation of Access to Justice for the marginalized but there exists a fundamental distinction. The exe- rule of constitution is informally revoked by the rule of and vulnerable undertrial prisoners in cution of Bhagat Singh and many others, in pre-inde- exceptional legislation. The exceptional law like AFSPA Odisha) pendence era, was also according to the rule of law. and UAPA are nothing but law of emergency, which But, now the principle rule of law can’t be understood essentially requires an abnormal situation. However, in isolation, it must be in consonance with the consti- these extra-constitutional emergency legislations em- tution. Thus, under Constitutionalism neither martyr ploy exceptions in advance and not as a result of any 15 www.thesabha.org November 2015 Law & Justice RTI: A law to tame political energy Murali Karnam It has been ten years since RTI Act came into existence. No doubt it is one of the progressive legislations that brought out to public some of Chhapparband De-notified Tribe Community the most uncomfortable facts of the powerful. Equating RTI with democracy and other forms of claims are all Santosh Pawar far fetched. De-notified tribes are born as Humans but labeled as Crim- passed new resolution. It is well known fact that even those inals. India acquired independence in 1947 but still their who fought for RTI also are not freedom and rights are not granted to them. They are one While working with Chhaparband community at Juna Ba- ready to give more information than of those who enriched Indian history, culture and social life. jar, Pune, I got exposer to know the community better. The restricted by the law. Of the hundred They are offenders without offences. Even offenders have community has been migrated from different parts of India. applications under RTI, even if we get rights in legal system of a democracy but they are restrict- There originally migrated from Bijapur (Karnataka) and So- responses for only 10, still we claim ed through legal and social institutions. De-notified tribe’s lapur (Maharashtra). In Solapur they used to work in Mills it is wonderful legislation. There can human rights entitlements are known, but ignored by the (Laxmi Mill) and also the other labour work. But after the be several criticisms against RTI, mainstream of the society. They are Indians without Indian loss of their livelihood option in Solapur they migrated to the which are discussed widely but there citizenship entitlement. other region of Maharshtra. is one serious aspect that was rarely discussed. Chhapparband is one of the De-notified Tribe communities Juna Bajar (Mangalwar Peth) constitutes more than 900-1000 In a disciplinarian and state-centric in Maharashtra which is marginalised socially, economically houses. The houses have been built aside of railway track. society like India, there is no doubt and politically till today. They were criminalised and brutally Many a times, this basti has been demolished by the munic- that law becomes all-encompassing killed by the British Government. These communities were ipal corporation and has filed criminal charges against com- view of social life. Ten years back, if threat to British Empire. The aim of the British Government munity local leaders. a group of people felt that there was was to control this vast a problem with the way decisions population which was With many efforts this com- nomadic in nature. In the The ‘Chhapparband’ is elaborated as munity used to build houses with regard to anything, they used to name of maintaining law ‘Band’ means the group of people and again, but they have always arego and made stage by governmenta protest, shout, officials argue, express anger, remind them that and order, British gov- this community is mainly known for lived in an environment of they are publicly accountable and ernment used “Criminal fear. They have a strong Jat they survive on the basis of people’s Tribe Act” as an effective their art of building the ‘Chhappar’, Panchayat. Outsiders are money etc. weapon against these so together this community is known strictly not allowed in their rich cultured community, as ‘Chhapparband’. Traditionally this Jat Panchayat. Somehow I Each one of these aspects is a polit- converted them into very managed and built the rap- ically loaded activism about which cheap wage labour. Due community used to make coins such port to seat in their Jat Pan- public servants used to feel tension to colonial encroachment as Mohara, Hon, etc., through melt- chayat. or threat. These activities released tremendous political energy from these communities being gold-copper and other metals and people. This constantly created a di- came socially-economi- secondly they were well-known for the I identified three basic - is alogue, tension between people and cally-politically and cul- sues which need focus in - turally vulnerable. art of making temporary tent (Chhap- the community that are Ed- parband) for Kings and Sardars. It was ucation, Citizenship Entitle- officialsnot be giving and kept information the idea thenof partici but The ‘Chhapparband’ is criminalised for making fake coins ment and Livelihood. This patorystill were democracy scared to alive. face theOfficers public may elaborated as ‘Band’, community doesn’t have any and give some excuse or explanation means the group of peo- during the British era. educational inspiration, due for not giving information. ple and this community to which huge negligence But today most radical activity begins is mainly known for their art of building the ‘Chhappar’, so is found towards education. Very few people are graduated with petition under RTI application together this community is known as ‘Chhapparband’. Tradi- from the community. Women are more backward than men. by individuals. No question of groups tionally this community used to make coins such as Mohara, They are not allowed to get higher education over prefer- coming together to protest against Hon, etc., through melting gold-copper and other metals and ence to marriage. Child marriage is commonly seen in the secondly they were well-known for the art of making tem- community. Their basic issue is with legal documents. Many take their sweet time to refuse the porary tent (Chhapparband) for Kings and Sardars. It was of them don’t have Caste Certificate due to which they are theinformation. inaction of You any are officer. forced Officers to go criminalised for making fake coins during the British era. unable to avail their rights. around appealing after appealing until you turn blue in your face. After Independence of India in 1978, Chhapparband com- We managed to organise an event on Chapparband Samaj in We are not realizing the fact that all munity has been identified as De-notified tribe community, Pune, Ambedkar Sankritik Bhavan, with community mem- laws, especially like RTI, effective- but due to high illiteracy rate this community was unable to bers on 30th November 2015, where all the stakeholders of ly tame the political energy of the understand the politics of Shah Community (one of a Mus- the city came and this was also attended by the State welfare people into petition raj. The powerful lim community), which wrongfully diverted the Indian gov- minister and Union minister. They promised to work on the told us how obediently ask the in- ernment and encroached in Chhapparband community and issues of the community. formation within the exceptions and they forced government to sanction the benefits. After 15 restrictions imposed by them. years of agitation of ‘Pradesh Vimukta Chhapparband Jamat (Santosh Pawar is a Criminal justice Fellow Vikas Parishad’ on 15 Feb 2015, government removed Shah working in Pune on Denotified Tribes.) It effectively channelized the political Community from the Chhapparband community’s list and energies of the community as such into petitioning. While it has given us very little, the state gained a lot by making us more apolitical. This happens if we do not realize the limited meanings of laws and all laws are ultimately controlled by the politics of the powerful. If we give up our political energies of demanding accountability just because the law, RTI is made, then that is what the powerful want. Hence it is important to realize the limited value of the legislation. ( Murali Karnam is an assistant professor at School of Law Rights and Constitutional Gov- ernance in TISS, Mumbai ) 16 www.thesabha.org Producers November 2015 Punjab: Crisis in Food bowl of the country Anosh Malekar When the state that was the country’s biggest agricul- proportion - according to some estimates, 50-55 % of “The causes of the Punjab farmer’s downward spiral tural success story in the 1970s tops the list of indebted total agriculture loans in the state - coupled with the into debt for the past two decades are many, but a ma- farmers, it is obvious that there is something very rot- high rate of interest, ranging from 26 % to 60 % an- jor part of the blame falls on the inequitable cost/price ten in the state of agriculture in the country. A three- nually. structure, non-availability of credit, high rates of in- part series that looks at the agriculture crisis in India’s terest, restrictions on trade and ceiling on agriculture food bowl, Punjab A bank official in Chandigarh said it was a very com- land,” says Jaijee. In the absence of a holistic approach When Veer Davinder offered to serve whisky before plex process to find out how much small and marginal to cure the malaise, the loan waiver will prove to be dinner at his farmhouse in Dabrikhana village in Pun- farmers owe. But loan figures with the state agricul- only a temporary crisis management measure in Pun- jab’s Faridkot district, the young farmer made it a point ture department to date revealed that Rs 15,219 crore jab as elsewhere in the country, he says. to clarify that the offer was not reflective of the situ- was advanced by commercial banks, Rs 4,080 crore by ation of farmers in the state. His friends said it was cooperative banks and Rs 1,974 crore by Punjab Agri- The suicides are a symptom of the agricultural crisis part of Punjab’s tradition of hospitality, and a polite culture Development Bank. Which means that the to- whose roots lie in soil contamination, soil erosion, re- refusal to partake of the whisky did not stop the hardy tal burden of non-institutional loans could be anything duced soil fertility, micronutrient deficiencies, falling Jat farmers from stuffing their guest with good food. around Rs 20,000 crore. water tables, water shortages, and increased vulnera- bility to pests, all of which have contributed to falling We were here to discuss the reported crisis across Initial estimates by officials hint that Punjab’s farmers incomes from agriculture. This has led to overall ru- Punjab’s fields. The Jats were at a loss to explain their would benefit by between Rs 800 crore to Rs 1,000 ral impoverishment, reduced availability of nutritious situation. “Anakh jattan di,” said one of them, meaning crore under the loan waiver scheme. Compared to food crops for the local population, increased drug use that the Jat brotherhood prided itself on the fact that a their contribution to the nation’s food security, this and alcoholism in the countryside, the displacement of Jat may break, but won’t bend. “Once upon a time this benefit is considered insufficient to manage the crisis vast numbers of small farmers from their land, more meant that even if a single Jat farmer committed sui- of 3.47 crore marginal and small farmers and 87 lakh and more farmers being forced out of agriculture, and cide, it was a blot on the entire brotherhood. Tragically, other farmers in the state. The fact that this prosper- increased social tensions and conflicts. in Punjab today, it means that a Jat farmer would rath- ous state has been reporting a spate of farmer suicides er break and commit suicide than bend to seek help or in recent decades surprises many outside the state. Experts have been discussing the Punjab situation for mercy,” says Labh Singh, a farmer himself. With the Punjab government in denial mode, there are a while and the discourse on the continuing crisis in no definitive suicide figures yet. Independent studies agriculture has progressed from ‘crop diversification’ The crisis of agriculture in Punjab is as peculiar as the have, however, brought out the gravity of the situation. to a ‘second green revolution’, with no consensus yet. fact that farmers in Punjab are predominantly from Farmers’ organisations say the present crisis has been the Jat community which is comparatively much bet- In November 2007, the Movement against State Re- around for a while and is a by-product of Punjab’s suc- ter off than the communities that comprise farmers pression (MASR) wrote to Lok Sabha speaker Somnath cess story in ushering in the green revolution. “Pun- in the rest of the country. Punjab produces around Chatterjee and all parliamentarians, listing seven dif- jab has been contributing the largest share of wheat two-thirds of the foodgrain procured annually in the ferent estimates of the number of suicides in Punjab, and rice to the central pool for well over four decades. country, a remarkable feat for a state that occupies pending an official survey by the state government. In the process, it has suffered grossly,” says Umendra only 1.5 % of the country’s geographical area. But this The suicide figures ranged from a handful to several Dutt of the Kheti Virasat Mission (KVM). Dutt says the has also meant overexploitation of land and other re- thousands. While the Punjab government’s status re- Punjab agriculture model was a “paradigm mistake” sources and intensive use of inputs as a result of which port listed 2,114 farmer suicides during 1988-2004, the and farmers were committing suicide due to deceler- Punjab’s farmers are today more heavily in debt than Punjab Farmers’ Commission 2006 said some 2,000 ation of agricultural growth since the mid-1980s. The farmers in any other state. farmers were taking their own lives every year. Surpris- KVM has taken up the Punjab farmers’ cause and is in- ingly, the Punjab Police Report 2007 listed only seven volved in ‘dismantling the old paradigm by promoting According to the latest National Sample Survey Or- suicides in as many years, and the Punjab revenue re- an eco-friendly version of green revolution’. ganisation (NSSO) data, farm households in India have port for 2007 conceded 132 suicides in the past five an average outstanding loan of Rs 1,258, but in Punjab years. The MASR’s own estimate of farmer suicides for Called Nanak Kheti, Dutt described it as an ecologi- the average outstanding loan is Rs 41,576 (December 1988-2006 was around 60,000. cal farmers’ movement to change the entire food cul- 2003). The state’s farm indebtedness, that is, unpaid ture that has been corrupted by the use of chemicals loans, both in the formal and informal sector, is around Says MASR convenor Inderjit Singh Jaijee, “The Cen- and to practice of monoculture. So far, 200 villages in Rs 26,000 crore, more than the state’s gross annual tral government is willing to concede farmer suicides 60 blocks across Punjab have joined KVM’s effort, he earnings from agriculture. in Maharashtra and the southern states, but not in claims. Punjab because the state has long been projected as an The recovery rate of institutional loans in Punjab, too, agricultural success story. If government admits farm- Jaijee feels that natural and organic farming has a lim- is the highest in the country at 85 %. With overdue ers in Punjab are distressed, it would mean agriculture ited scope considering the alarming extent of the ag- loans hardly around 15 %, Punjab will not stand to in India was in distress.” riculture crisis in Punjab. “It is cushioning the misery benefit much from the debt relief measures proposed of the farmer, who, thanks to the thrust of the green in the Union budget 2008. “The resource allocation MASR, a non-government organisation started in the revolution, has moved from one crop to two crops a criterion of the Centre has been disfavouring the 1980s by Jaijee, a former MLA, had warned the pow- year,” he says. The Punjab farmer feels lost in this de- better performing states, and Punjab, with such high ers that be in New Delhi and Chandigarh in 2001, that bate. Labh Singh says: “We continue to seek more loans debt recovery, would naturally not benefit much,” says suicide is violence turned inward in Punjab. ‘It will not for buying expensive seeds, fertilisers and pesticides. It economist Ranjit Singh Ghuman of Punjabi University, be long before anger and despair are turned outward is only when we incur losses that we stop to think, that Patiala. and result in social and political turmoil,’ it stated in a is, if we have not committed suicide already.” memorandum to the government. The Union budget announcement of a bank loan waiv- (Anosh Malekar has been a full-time senior er for small farmers caused only faint smiles across the MASR’s data from an in-debt survey of 1,508 suicides researcher with CCDS for three years. He emerald fields of Punjab, which have a bumper wheat from 1988 onwards, in Moonak sub-division in San- has considerable experience in reporting crop this season. “Ninety per cent of farmers in Punjab grur district, comprising 91 villages, throws some light the impact of public policy on grassroots are in debt, but a majority of them have taken loans on the suicides by Punjab farmers. Farmers commit- from arhtiyas (commission agents) and private mon- ting suicide by consuming poison, hanging or throw- communities, and processes that allow eylenders, not banks,” says Shamsher Singh, 56, a well- ing themselves under speeding trains were in the age communities to influence public policy. His to-do farmer from Hari Majra village in Patiala district. group of 19-50 years. Most of them were landless, mar- reportage for www.infochangeindia.org ginal and small farmers, but also those who owned up has been widely appreciated and awarded. Shamsher Singh should know, as he is also the director to 10 acres of land. The debts ranged from Rs 20,000 to At present he is an Infochange Associate, of the Kheti Vikas Bank, Chandigarh. “Punjab’s farmers Rs 7 lakh, but a majority of those who ended their lives where this article is published intitally ) will not benefit unless the loans from private money owed agriculture debts of less than 1 lakh. The least lenders are waived completely,” he says. The non-in- developed south-eastern region of Punjab, bordering stitutional loan was the biggest evil because of its high Haryana, was the worst affected. To, Owner, Publisher, Printer: Abhishek Kumar Tiwari; ...... Printed at New Millenium Printers, Mathuradas Mill Compund, N.M Joshi Marg, Lower Parel, Mumbai-400013; Published at Ekta Chawl, Jeejabhai Bhosale Marg, Annabhav Sathe ...... Nagar,Mankhurd, Mumbai-400043. Editor : Abhishek Kumar Twari ...... Contact: 8454073328; Email: [email protected] ; Website: www.thesabha.org