Vol.6, Issue 2-3 July-October -2011 The Forgotten Fast of Irom Sharmila Armed Forces Special Powers Act, 1958 We should be there: The Left and Cancell Koodankulam Project the Anna moment Lip-Service to Inclusive Growth Odisha's Little Gandhians Planning Commission's Poverty Definition: A Historic Victory of Domestic Workers Struggle An Insult to the Poor July - October 2011 Send in subscriptions, sponsorships, donations, and articles to: The Movement of India (MoI) National Alliance of Peoples' Movements (NAPM) C/O 6/6 (Basement), Jangpura B, Mathura Road, New Delhi – 110 014, India. Phone: 011 2437 4535; Mobile: +91 9818 905316 Email: [email protected] July - October 2011 1. Editorial 4 2. The Forgotten Fast of Irom Shrmila 5 3. Why Did NAPM Decide to Support Anna Hazare's Anti-Corruption Movement 10 4. We should be there: The Left and the Anna moment 12 5. Lip-Service to Inclusive Growth 17 6. How little can a person live on? 20 7. “Planning Commission's Poverty Definition: An Insult to the Poor” 23 8. Koodankulam: A Nuclear Chain Reaction 25 9. Cancell Koodankulam Project 27 10. Odisha's Little Gandhians 29 11. A Historic Victory of Domestic Workers Struggle 32 12. News & Notes 34 The Why Did NAPM Decide Forgotten M.Ravishankar Fast to Support Anna Hazare's of Irom Sharmila Anti-Corruption Movement Lip-Service “Planning Commission's Poverty Definition: to An Insult to the Poor” Inclusive Growth July - October 2011 his issue of the MOI covers a significant period in the democratic history of the Tcountry. The anti-corruption campaign headed by Anna Hazare and supported by a range of civil society activists and leaders has sparked an intense national debate and seen one of the most widely watched discussion in the Indian Parliament. This issue attempts to capture the nuances of this debate with a shade of opinions and an article that looks specifically at NAPM's position on the campaign. The other big controversy in this period has been about another crucial issue – one that links the right to food, economic subsidies, the government's welfare agenda and the basic right to live a life of dignity. The affidavit that the Planning Commission recently submitted before the Supreme Court stating that a person is to be considered 'poor' only if his or her monthly spending is below Rs. 781 (Rs. 26 a day) in the rural areas and Rs. 965 (Rs. 32 a day) in the urban areas, has exposed how unrealistic 'poverty lines' are. These figures have also exposed the moral bankruptcy of the Indian administrative class, and the extent to which 'official' calculations have been distorted to a point to which they bear no resemblance to the living conditions of millions of Indians. After Jaitapur, Koodankulam has become the site of resistance for the Indian anti-nuclear movement. The debate around nuclear power plants in the country continued with a massive show of strength in Tamil Nadu by those protesting against the Koodankulam plant. This mass resistance to an issue that has remained dormant for years in India is a direct outcome of the disaster in Japan and a heightened awareness of the dangers of nuclear power. This issue has a feature on Irom Sharmila, by a committed artist who has been performing shows related to civil rights violations in the Northeastern part of the country over the last few years. This article is a timely reminder about a fast that symbolizes the spirit of those suffering for years at the hands of the Indian state without recourse to basic legal remedies that the rest of the country has. There are two interesting pieces in this issue that round off the contents. One examines the case of a domestic worker in Bangalore who has used the law to ask for a share of the wages that she has been denied over her years of service that fell far short of the prescribed minimum wage. The second article scrutinizes the ethical and moral validity of the criticisms leveled against the protestors in the POSCO agitation for involving children to defy the might of the state. The intensity of the articles in this issue and the spectrum of opinions covered make this an issue that we are sure you will enjoy reading. We hope that readers write in to express their feedback, views and comments. Editorial Team July - October 2011 The Forgotten Fast of Irom Sharmila Ojas S V ike the last 65 years, "gore hakim gayo re commissioned officers (of the this August on 15th bhaiyya ; aa gaye hakim kaale rank of captain and above) to Lmorning, we got up badal gayi hai chaabi lekin issue, in written, shoot to kill early, wore white cloths, nahi badle hae taale" 'Indians' order to their soldiers, if in saluted the tricolor flag, sang are still prisoned in the same their opinion the situation national anthem, watched lock ups, have the same kind requires so. How brutal, isn't some patriotic film on TV in of resource ownerships, the it? The Britishers left and then the afternoon (if not gone for same unchanged colonial the ordinance obviously was extended weekend trip!) and laws! - be it forest laws, land dissolved. But the story did not in short felt proud about being acquisition laws, or the most end there. in 1955, in the an Indian! Independence day infamous black law AFSPA! independent India the state of is a wonderful day to celebrate so today while this year we Assam passed even more our history; a history where celebrated 65th anniversary of brutal law with the name India won a part of the battle Independence Day, let me tell 'Assam Disturbed Area Act' against imperialism; a history you the story of AFSPA – the under which shoot-to-kill where India stood and won "Armed Forces Special powers were granted to against colonial structure and Power's Act, 1958." This ordinary soldiers just above the colonial laws through majorly came as an ordinance in 1942. rank of sepoy and the 'in n o n - v i o l e n t p e o p l e ' s I t w a s f r a m e d a n d written' condition is not movements. But unfortunately promulgated on 15th august required. that element of imperialism 1942 by the British to quell the 18th august 1958, after 11 and colonisation could not non-violent quit India years of the independence, the leave India! Like, as we sing in movement. The ordinance Indian parliament passed a law our movement songs.. granted special powers to the named Armed Forces Special July - October 2011 Powers Act to 'deal with' the maintenance of public order" D. Under section 4(d), Naga struggle of indepen- and only give "such due the army can enter and search dence. Mr. G B Pant, Home warning as he may consider without a warrant to make an Minister then, promised it to necessary." arrest or to recover any be a temporary measure, for B. The army can destroy property, arms, ammunition or short and swift application. In property under section 4(b) if explosives which are believed subsequent years, AFSPA was it is an arms dump, a fortified to be unlawfully kept on the promulgated across large part position or shelter from where premises. This section also of North East of India, in seven armed attacks are made or are allows the use of force states which include Assam, suspected of being made, if necessary for the search. Nagaland, Manipur, Mizoram, E. Section 5 states that M e g h a l a y a , A r u n a c h a l after the military has arrested Pradesh and Tripura. The law someone under the AFSPA, which took on emergency According to many human they must hand that person status was enacted without rights organisations, the over to the nearest police f o r m a l d e c l a r a t i o n o f AFSPA has become a symbol station with the "least possible of oppression and only serves emergency. It was portrayed as delay." The act has no "counter insurgency" law. to radicalize the ethnic groups. Very clearly it is an definition of what constitutes So, what does the law anti-constitutional law! It the least possible delay. exactly say? suspends people's funda F. Section 6 establishes T h e A F S PA g i v e s mental rights, contravening that no legal proceeding can be th military and paramilitary the 44 amendment to the brought against any member forces nearly unrestricted Indian constitution. The Act of the armed forces acting power to "maintain public permits firing and causing under the AFSPA, without the order" in areas identified by death based on the slightest permission of the Central suspicion, which amounts to the GOI as "disturbed.” extrajudicial execution, Government. This section Some of the more which as a principle is against leaves the victims of the questionable sections of the Article 21 of the constitution abuses of the armed forces Act include the following that promises 'No person without a remedy. provisions. shall be deprived of life or According to many A. The army can shoot to personal liberty except human rights organisations, according to a procedure the AFSPA has become a kill, under the powers of established by law'. s e c t i o n 4 ( a ) , f o r t h e symbol of oppression and only commission or suspicion of serves to radicalize the ethnic the commission of the groups.