Coordination of Democratic

Rights Organisations

¡ ¢£ ¤ ¥¦1¥ Fo¤ §¤¨ ©a ¡¨¤¡e a ¨ o o Se   o ¤¨£e ¨ o  15 In Memory of Purushottam’s 12th APCLC remembering the martyr’s of APCLC have condemned the attacks against activists Anniversary of Martyrdom and emphasized the need of constructive and In memory of Purushottam’s 12th anniversary of martyrdom, a daylong seminar on collective right’s movements to meet the “Telangana Statehood Movement – State Violence’ was conducted by APCLC on aspirations of the people. R. Rajanandam, State 24.11.2012 at Press Club, Basheerbagh, Hyderabad activists from all over the state, Joint Secretary, APCLC remembering representatives of various organizations and others attended in large numbers. The Purushottam has spoke about Purushootam’s daylong seminar was held into two sessions. The first session started at 10:30AM on way of dealing of trivial and sensitive issues topic ‘Telangana Statehood Movement – Rights Movement’ presided by V. Raghunath, pertains to all sections of people. Later, detailed State Joint Secretary, APCLC. In the inaugural speech, Prof. Seshaiah, State President, reports on repression and oppression that prevailed in the districts of Telangana were presented by the district representatives of APCLC followed by lunch break. The topic for post lunch session was ‘State Violence on Telangana People’s Movement’, it was presided by B. Tirumal Rao, State Vice President, APCLC. The speakers to the session were Prof. Kodandaram, Convenor, (Continued in page 2) Telangana Political JAC, Gaddar, Revolutionery Poet and Singer, Prof. Seshaiah, President APCLC, Nalamasu Kishna, State Secretary, Telangana Praja Front and Chiluka Chandrasekhar, State Secretary, APCLC.

Professor Kodandaram, Convenor,

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A Report The 12th State Delegate Conference of AFDR was held on 17-18 November, 2012 at Aggarwal Dharmshala, Barnala. The Conference began with a welcome address by Prof. Jagmohan Singh, General Secretary, in which he welcomed about 250 prominent citizens, delegates, observers and other known persons which included playwright Ajmer Aulakh, novelist Om Parkash Gaso, State Organizing Secretary of Rationalist Society of Punjab Mr. Balwinder Barnala, patron of Rationalist Society Bharat Mr. Megh Raj

Mittal, advocate Jagjit Singh, Dr. Jasbir

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) I I ¡¡¢ ¢ ¡£ ¤ ¥ £ ¦ §§ § ( Telangana Political JAC speaking on CONTENTS the topic has stated that the state is In Memory of Purushottam’s 12th Anniversary wantonly perpetuating violence on the Telangana Movement. JAC of Martyrdom 1 leaders are being arrested and taken State Delegate Conference of Association for into custody without any legal reason. Democratic Rights, AFDR 1 Due to betrayal politics by the central Villagers Face Imminent Forced Eviction at a and state governments many Dam Site in Manipur, AHRC 5 Telangana activists and students Statement on Calcutta High Court Judgement attained martyrdom. The mortals of and Political Prisoners, PUDR 7 the martyr’s are not being allowed to Appeal from Maruti Suzuki Workers Union; be taken to martyr’s memorial ie., Gunrock Park. Also, police very often PUDR Statement 8 are resorting to firing on the students Kolkata - Report on Arrest of Protestors at Film in the universities. Thousands of Festival 10 false cases are being foisted against Statement for the Release of Idinthakarai the students and activists of Women 11 Telangana. Innocents are implicated Condemn the Arrest of Facebook Users in SC/ST atrocities cases. 144 section Questioning Shutdown of Mumbai, PUDR 12 being imposed very often, No The Killing Fields of IIT Kanpur, Hamara Manch 13 permission to hold rallies, No public Statement on the Killing of Villagers by meetings permitted even Telangana political leaders who are supporting Paramilitary Forces in Orissa, PUDR 16 Telangana movement and debating On the Killings in Gajapati in Orissa, HRF& WSA 17 people’s aspiration for separate Why Are Five Adivasi Activists and Xavier Dias Telangana are not being spared. No Sent to Chaibasa Jail? 19 bails are granted by courts as the How Just was Kasab’s Hanging?, PUDR 20 magistrates’s are influenced by the state to act so. Prof. Kodandaram APCLC has said that the APCLC to resorting to restrict the people of expressed concerned and condemned its extent level has involved in the Telangana not to involve in the state’s attitude for not granting movement and questioned the high Telangana Movement. It is because permission to conduct Telangana handedness of the state and its of no voice on Illegal arrests, the March till last minute and for repression on the democratic state even resorting to kill the resorting to unwarranted arrests of movement of separate Telangana activists, the very incidents of deaths Telanganites in the entire districts of Statehood which is 4.00 crores of Raji Reddy and Venkateshwarlu Telangana Region and also issuing telangana people’s aspiration. Prof. are part and parcel of state’s permission it continued with arrests Seshaiah appealed to the students and violence. and indulging in untoward acts of people of Telangana for not resorting Gaddar, Revolutionary shelling tear gases on the dias of the to suicides but to stand and fight to poet and singer has said that separate meeting, shelling of water canons, achieve their democratic right of Telangana Statehood can be setting ablaze electronic media Separate Telangana. He requested achieved only by struggles but, not vehicles, resorting to lathi charge etc., not to believe politicians as they are by political lobbying. He appealed Lastly, Prof. Kodandaram appealed only bullying the issue for their for organizing struggles to achieve to the APCLC to involve and play an political gains. the Telangana Statehood. active role in campaigning the Nalamasu Krishna, State The seminar was followed Telangana Movement and for inviting Secretary, Telangana Praja Front has by cultural programmes by Prajakala intellectual support to the movement said that there is no place left in Mandali. to achieve ‘Separate Telangana’. Telangana Region where 144 section Prof. Seshaiah, President, has not been imposed. The state

2 CDRO Bulletin

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( t te ¡ e ¢e £ te ¤ ¤¤ ) ( presenting a new model for the a 35-member State Committee under Aulakh, peasant leader Manjit suppression of the genuine struggle the supervision of Dr. Dharamvir Dhaner and Hardeep Singh Tallewal of the workers. Gandhi. The State Committee, in and the famous economist Dr. The proceeding of the turn, elected Prof. Ajmer Aulakh, Sukhpal Singh. The audience paid Conference was divided into five famous theatre personality, as homage to the memory of founding sessions. In the first session the paper President, principal (retired) Bagga members of AFDR Sardar Mahender with regard to AFDR’s approach Singh as Vice-President, Prof. Singh Sandhu, Hari Singh Tarak, Er. towards state machinery and Jagmohan Singh as General Partap Singh, Sudarshan Lambra, democratic rights was presented by Secretary, Narbhinder as Organizing famous short story writer principal Dr. Parminder Singh. In this paper Secretary, Tarsem Lal as Finance Sujan Singh and Dr. Malkeet Singh the lawful and the unlawful attacks Secretary, Dr. Parminder Singh as by observing one minute silence. In upon democratic movement by the National Co-ordinator, Prof. A.K. the inaugural address famous thinker state and non-state elements were Maleri as Office Secretary, Pritpal Mr. Gautam Navlakha of People’s mentioned. In the second session Singh as Publishing Secretary, and Union for Democratic Rights which concerned new economic Buta Singh as Press Secretary. The delivered the inaugural address. policies and democratic rights, Dr. Conference unanimously passed the In his address while Harjit Singh Ghuman presented the following resolutions: congratulating AFDR over becoming relevant approach paper. In this 1. The development model active again he made a special session the speakers talked about the adopted by the ruling classes is anti- reference to the contribution being present situation in which the people people and is being run by a few made by it along with 22 other are being deprived of their right to local and foreign corporate houses. organizations of Democratic Rights live as a result of the new economic The most dreadful effect of this in the movement for Democratic and policies. The next two session were development model is to divest the Human Rights. Mr. Navlakha further devoted to the issues concerning the people of their inalienable natural said that the new economic policies marginalized sections of our society resources and democratic rights. imposed upon the Indian people like the women, children, dalits, Throughout the country various have, on the one hand, resulted in an adivasis and unorganized workers struggles of the people are being ever widening gap between the poor and their democratic rights and the organized against it and the State is and the rich, and on the other hand issues concerning food, all out to suppress these struggles by have made the lives of the people employment, health and education. using army and paramilitary forces miserable. The rulers have given the The papers in respect of these issues and also by resorting to the new laws Indian and foreign corporate houses were presented by A. K. Maleri and being enacted for this purpose. The freedom to loot our national Yashpal Jhabal. suppressing policy of the state is resources and in this process the On 18 November, 2012 the manifestly visible in those ten states adivasis are being uprooted from General Secretary presented the (West Bengal, Odisha, Bihar, their natural habitat. The civil rights report of the past activities, proposed Jharkhand, Chattisgarh, Andhra of the people are being suppressed necessary amendments to the Pradesh, Maharashtra, Madhya by a number of black laws like constitutions, and also the future Pradesh, Gujrat and Rajasthan) NCTC, AFSPA and UAPA etc. While planning of the activities to be where the people are struggling for talking about the struggle of Maruti undertaken. In this session the protecting and guarding their natural Suzuki Company at Manesar he said delegates discussed the reasons resources and democratic rights. that the management has, instead of behind AFDR’s inactivity in the AFDR rejects this development accepting the genuine demands of recent past and pledged to remove model and reiterates the justiciability the workers, deployed goonda this for a future full of required of the people’s rights over the natural elements along with security forces activities. Dr. Dharamvir Gandhi, the resources and their democratic within the premises of the former General Secretary also rights. manufacturing plant in order to attended this session. 2. The devastating results, repress and terrorize the workers. In In the end the delegates of like the suicides committed by the this way the rulers are, in fact, the Conference elected unanimously indebted peasants and landless CDRO Bulletin 3 labourers, deadly diseases, and for the reiteration and protection of sprinkle cold water upon people’s contaminated climate affecting the this right of the people. The anger by giving some compensation health of the people, of the Conference also demanded that the or a relief. The Conference has also development model for agriculture ban upon political and mass taken note of the fact that 35 police which was implemented in Punjab organizations be lifted immediately. and security forces personals have have now come to the fore. In spite 5. The Conference noted not been proceeded against despite of these effects it is being with concern that the people the fact that they were pronounced implemented in other states also. We especially the advasis and dalits guilty of such crimes by the judiciary, should always remain vigilant struggling for their legitimate rights and they still continue in their official against the irresponsible approach of have been incarcerated in large positions. the ruling classes and should also numbers without following any due 10. The Conference also work hard for making people process of law. The Conference pledged to begin an awareness conscious of it. pledged to raise people’s campaign against those acts of the ` 3. The crime against consciousness and to organize ruling classes which continue to women in Punjab at the hands of struggles against it. The Conference maintain the social, economic and state and non-state powers are demanded immediate release of the other forms of oppression against the increasing alarmingly. The most prisoners. dalits and other marginalized recent example of this trend is the 6. The Conference exploited people. abduction of Shruti, a minor girl of condemned in unequivocal terms the 11. The Conference Faridkot, and the attempt on the part lawful and unlawful means being condemned the unlawful ban upon of the police to keep her away from employed by the anti-people state the writings of Babu Rajab Ali and her parents by putting her in controlled by the ruling classes to registration of criminal cases against Nariniketan under a judicial verdict suppress the struggles of the peoples. the publishers of these writings, and but, in fact, having her in police The Conference again pledged its demanded withdrawal of these false custody. The actions of the state commitment to take in its hands the cases against the publishers and the authorities in this case are inhuman, task of raising the consciousness of editors of the book. It also demanded undemocratic and subversion of law. the people against it. that this book be allowed to be sold The Conference took serious note of 7. The Conference took a without any restriction whatsoever. the unholy alliance between the serious note of the anti-people trend The Conference also pledged to police, the ruling class politicians of the judiciary and pledged to raise organize a campaign against the and the goonda elements, and the people’s consciousness against it. imposition of such bans on different helpful subversion of law at the 8. The Conference took a kinds of creative works like writings hands of the judiciary. The serious note of the fact that people or films etc. Conference reiterated its are being divested of equal 12. The Conference commitment to raise people’s opportunities of education, health condemned in unequivocal terms the consciousness to strengthen the and employment under the present war being raged by the rulers against democratic struggle against it. The day policies, and resolved to put in the Indian people under different Conference also demanded that independent and united efforts for names such as Operation Green Shruti be handed over to her parents. spreading the consciousness of the Hunt. The Conference considers this It also demanded CBI enquiry in right to have equal opportunities for war to be an attack upon the people’s order to expose to the world the education, health facilities and right to live and therefore demanded reality of the above mentioned environment. immediate cession of this war. unholy alliance. 9. The Conference resolved 13. The Conference 4. The right to struggle for to organize the people’s demanded the immediate repeal of betterment of their lives is the most consciousness against the the black laws such as UAPA and important and inalienable functioning of the security forces AFSPA as they suppress the democratic right of the people. The which instead of acting against the democratic rights and civil liberties Conference pledged to initiate steps troops/officials, who suppress the of the people. for organizing an effective struggle people’s human rights, attempt to 4 CDRO Bulletin 14. The Conference also condemned unequivocally the Villagers Face Imminent Forced registration of cases and arrest and torture of two artists of Kabir Kala Eviction at a Dam Site in Manipur Manch Pune, journalists and Human Rights activists Seema Azad and The Asian Human Rights compensation money in fictitious Vishav Vijay, folk artists Jetan Commission (AHRC) has received names. The DC has declared a Marandi and adivasi activist Soni information from the Mapithel Dam prohibitory order under Section 144 Sori. Though Seema Azad, Vishav Affected Villagers Organisation and of the Code of Criminal Procedure, Vijay and Dr. Binayak Sen are now the Committee on the Protection of 1974 in the region and a large out on bail, the proceedings in Natural Resources in Manipur that contingent of state police as well as different criminal cases are still the villagers of Riha, Thawai, Lamlai soldiers from the Indian military are going on against them. The Khullen, Chadong along the Thoubal stationed in the region. Conference demanded immediate River in Ukhrul district, Manipur are It appears that the attempt withdrawal of such cases and release likely to be evicted by force to by the state government is to force of such prisoners. complete the construction of the its arbitrary writ upon the poor 15. The Conference Mapithel Dam, which is part of the villagers, to suit the prospective demanded a ban upon nakedness and Thoubal Multipurpose Hydroelectric illegal benefit of some state immoral pollution being presented as Project in Manipur. While the government employees with the culture. villagers do not want to stand in way concurrence of officers and 16. The Conference of a development project, all that politicians at the state capital, demanded withdrawal of criminal they are demanding is that the Imphal. The 20 member Expert cases against the people fighting for compensation and rehabilitation Review Committee (ERC) their rights. A large number of people package should be satisfactory and constituted earlier by the state are languishing in jails on account executed through a transparent and government and concurred by the of trumped up charges leveled accountable process. The villagers Governor of the state by virtue of an against them by the police. Such also allege that the current process order issued by the Governor on 18 cases have many a times proved to of the Manipur state government has January 2008 in which the Mapithel be false. But the police officials ignored the fact that several other Dam Affected Villagers Organisation responsible for registering such cases villagers living upstream of the is represented through their have never been identified. The project and those who live Chairperson, is now overlooked by Conference pledged to expose immediately after the Mapithel dam the state government, after it issued rigorously this kind of functioning of are not accounted for compensation a legally non-tenable and subsequent the police forces which is meant for and rehabilitation by the state order dated 28 September 2012 terrorizing the people fighting for government. (Photo: Forced constituting a Joint Verification their rights by registering false cases verification undertaken by JVT with Team that excludes the mandate of against them. police assistance) the earlier constituted ERC. Prof. Jagmohan Singh, There is also an allegation The situation now is General Secretary read the fraternal that the state government, through explosive on the ground and message sent by Andhra Pradesh the office of the District warrants immediate intervention. If Civil Liberties Committee. He, on Commissioner (DC), is depending the unacceptable verification behalf of all the delegates, thanked upon a disputed list that includes continues, and the villagers evicted the Barnala unit for organizing this names of people who have never by force, it could lead to loss of life conference. In the end he thanked all resided in the villages affected by the and peace in the locality. the delegates and observers. project. The villagers suspect that the inclusion of persons and households CASE NARRATIVE: Buta Singh that in fact does not exist is with an The Government of Press secretary, AFDR, Punjab intention for the state government Manipur is threatening to forcefully officers to illegally appropriate the evict and relocate the villagers of CDRO Bulletin 5 Chadong, Lamlai Khullen in Ukhrul according to them it undermines the protests. district of Manipur for the function and mandate of the ERC, The villagers allege that construction of Mapithel Dam, which was also constituted by the this forceful verification by a which is part of the Thoubal state government. It is important to hurriedly and clandestinely Multipurpose Hydroelectric Project. mention here that the villagers had constituted JVT is to show that a A large contingent of state police as their representation in the ERC. The disproportionately large number of well as the Indian military is state government constituted the persons and families as affected by stationed in the district. The DC has ERC on 18 January 2008. the project in the JVT report. This, proclaimed emergency in the region The ERC is mandated to the villagers suspect will result in under Section 144 of the Code of look into the socio-economic, radical reduction of compensation Criminal Procedure Code, 1974, environmental, health, cultural and and rehabilitation packages and at which renders gathering of persons human rights impacts of Mapithel the same time, the compensation and organising of protests, a penal Dam and also to resolve the awarded in the name of fictitious offence. The villagers accuse the rehabilitation and resettlement of names would be illegally pocketed state government that this affected communities. For this a by the corrupt state government proclamation alone is evidence to the proper assessment of the villages officers. The villagers assert that it fact that the government is affected by the project has to be is for this that the JVT is allegedly attempting to smother their voice. undertaken by the ERC. However the using a disputed family list from The villagers are state government without letting this 2011. (Photo: Mapithel Dam at the demanding that the state government to happen is pushing ahead with the current stage of construction) must immediately convene the project with the constitution of the The villagers also allege Expert Review Committee (ERC) JVT, which only represents the state that those who protest against the formed on 18 January 2008 by the government. dam, the absence of any form of state government and allow the ERC Equally alarming is the rehabilitation and compensation are to look into aspects of eviction, order issued by the DC directing the threatened and harassed by the state compensation and rehabilitation, JVT to undertake the verification, police and the government officials. instead of a forced eviction based on with police force if required, and that To substantiate they quote an a report allegedly being prepared by his findings cannot be appealed incident from 3 November 2008 a Joint Verification Team against the against. In fact the DC has no when the Indian Reserve Battalion wish of the villagers and also against executive or judicial authority to tortured and brutally assaulted some government’s own order. The issue such an arbitrary order. In 40 villagers who were engaged in controversial Mapithel Dam is being addition the DC is the lowest peaceful protest against the dam and built over Thoubal River at point government officer in the state in the project. where the boundaries of Ukhrul, charge of a district, and with the rank The Mapithel Dam Senapati and Imphal East districts of equivalent to a Superintendent of construction commenced in 1978 Manipur meet. Police. For such an officer, having without seeking free prior and The Government of limited executive authority to issue informed consent of the affected Manipur issued an order on 28 such a final order is not allowed in villagers both in the downstream and September, 2012 constituting a Joint law in India. At the very least such upstream areas. No detailed health, Verification Team, comprising of an order cannot overrule the environmental, social, cultural, officials from the state Irrigation and prohibitory injunctory authority of a economic and seismic impact Flood Control Department, the Munsiff (lowest civil judge in India), assessment of the project upon the Deputy Commissioner of Ukhrul should the case be taken up in local people, habitat and the Thoubal District and state Tribal courts. River itself was conducted. It is Development Department. The JVT The JVC in the meanwhile today known that the Mapithel Dam is to identify the families affected by has started verification of families in will, upon completion submerge a the construction of the Mapithel Lamlai Khunou and Chadong large area of prime agricultural land Dam at Chadong and Lamlai villages from 29 October 2012. along the Thoubal River and will in Khunou villages in Ukhrul district. There is a heavy military deployment fact lead to severe water shortage The villagers challenge the in the villages to threaten and silence that will have adverse impact upon constitution of the JVT since the villagers that will rule out public the villagers. People living in 6 CDRO Bulletin Tumukhong, Itham, Moirangpurel, above all the representatives from the The villagers allege that the Laikhong, and Saichang villages affected villages. state government is secretly would be directly affected by the The cabinet memorandum negotiating with a selected group of project. Today the same villagers of 24 September 2011 is also villagers that is intended to create fear that the JVT’s verification would fundamentally misleading. The division, conflict and chaos in the lead to their forced eviction and completion report of overall community. The Government of involuntary relocation. rehabilitation and the rehabilitation Manipur with its efforts to forge Two government of Louphong, Phayang and two other secret agreements with a few notifications, one a cabinet villages, that mentioned in the affected people without the consent memorandum by the Government of memorandum is not true. Four of all affected communities, only Manipur issued on 24 September villages, Chadong, Lamlai Khullen, violates the right to free prior and 2011, and the other an office Lamlai Khunou, Lamlai Monbung informed consent of indigenous memorandum issued by the DC and would be completely submerged by peoples, which the UN Special the Irrigation and Flood Control the dam and another six villages, Rapporteur on the rights of Department issued on 13 June 2011 Sikiphung, Thawai, Thawai (K), indigenous peoples, Mr. James wrongly claims that only two Zalengbung, Sankai, Riha and those Anaya urged the Government of villages, Lamlai Khullen and living in the upstream of the dam will India for full adherence in his Chadong village, out of the 16 be affected. They find no place in the communication on Mapithel Dam on villages affected are left to be memorandum. It is estimated that 24 June 2009. India responded to Mr. rehabilitated and resettled. This sixteen villages will be directly and James Anaya’s letter on 4 June 2010, undermines the very existence of the indirectly affected by Mapithel Dam. maintaining that the government had ERC, which has representations Limiting impacts to only six villages instituted the Expert Review from the state Agriculture indicates that no proper impact Committee. It is this very ERC that Department, Irrigation and Flood assessment or survey is held prior to is been over shadowed by the JVT. Control Department, State the sanctioning of the project. In Environment and Ecology Board, the addition conditions have drastically Asian Human Rights Commission Manipur State Pollution Control changed when the project was November 1, 2012 Board, state Forest Department, originally conceived in 1978 to what Manipur Fisheries Department and it is today. Statement on Calcutta High Court Judgement and Political Prisoners

The West Bengal High Court Section 24 of the West Bengal forth the irony and contradictions of judgement of August 2012 granting Correctional Service Act 1992 takes the justice delivery mechanisms in ‘political prisoner’ status to seven a broad and encompassing view of India. members of the People’s Committee what constitutes a political offence. The West Bengal High against Police Atrocities (PCPA) It includes all political and Court Judgement however has its clarifies and reinforces the provision democratic movement that crusades own perils. The high court in its of law as stipulated in West Bengal to further social and economic judgement refrained from striking Correctional Service Act 1992 and justice without any personal greed or down the category of political the definition of political prisoner motives and despite the ideological prisoner because the said category therein. PUDR welcomes the persuasion and means or orientation was not challenged on valid grounds judgement to the extent that it towards established legal order to be in the legal matter before its disposal. brushes aside the mystique woven by political movement. Consequently, The court found the category of lower courts in denying the status of any one detained for being political prisoner to be political prisoner to PCPA members associated with these movements is discriminatory and reinforcing on insubstantial grounds despite the to be political prisoner. The High inequality. It held that basic law being vivid and clear on it. Court judgement therefore brings minimum facilities that are stipulated

CDRO Bulletin 7 for the political prisoners under West in totality circumvents what it asserts redefining the contours of the Bengal Correctional Service Act in the first instance. It subverts the political by ironing out the politics 1992 shall be moderated and made broader understanding political of resistance and dissent. accessible to all prisoners. In this offence as defined in the West concern PUDR would also like to Bengal Correctional Service Act PUDR demands: draw attention on the colonial 1992 by proposing trampling of 1. That the provision of practice of discriminations in Indian boundaries between ‘political’ and West Bengal Correctional Service jails, entirely based on class and ‘routine’/ non political offence. Act 1992 be adhered to and various categorisations of prisoners. Following this judgement the implemented in right spirit rather While the notion of equality is no Ministry of Home Affair, than cultivating pretext for its doubt welcoming, HC judgment is Government of India swiftly moved subversion. conspicuously silent on upholding of to direct the West Bengal 2. That overall living prevalent structured inequality in Government to either consider an conditions inside prison be made just Indian Jails. Secondly it would be amendment of the West Bengal and humane and rights of prisoners quite disingenuous to reduce the Correctional Service Act 1992 or to be upheld rather than simply struggle for the status of political appeal against the high court juxtaposing and inducing prisoner to the notion of equal access judgment in order to prohibit the unsubstantiated contradiction with to facilities inside prison. conferment of the status of political privileges of political prisoners. Contestations over status of a prisoners to those who question and 3. Release all political political prisoner or category of revolt against the state. Paradoxical prisoners and initiate dialogue with ‘political offence and offenders’ goes it may seem but overall picture them to comprehend and redress the beyond prison entitlements. It is around West Bengal High Court fundamental causes of political about defining the domain of Judgement and the MHA directive unrest. ‘legitimate’ politics and diverse represents a continuum of subverting politics of dissent and resistance a law- (West Bengal Correctional being constitutive of such domain. Service Act) 1992- with democratic PUDR The High Court Judgement potential. More so it aims at November 7, 2012 Appeal from Maruti Suzuki Workers Union; PUDR Statement

PUDR strongly condemns the strong down the tent of the workers and that the workers had been shifted to arm tactics of the Haryana police in picked up 29 workers from the spot, the Sector 10, CIA police station. A attempting to disrupt the 48-hour including one of the main organizers. Tata Sumo vehicle with some people hunger strike that began yesterday, The workers were taken to the in it left the premises as we entered November 7, in front of the DC Bhondsi police station. Members of the police station. However, the Office, Gurgaon. In an impressive the Maruti Suzuki Workers Union Inspector, Mr Sanjeev Bhullara, show of solidarity and joint action, (MSWU) and workers’ unions of categorically denied any Maruti over 150 workers in jail custody, all Gurgaon and some journalists workers having been brought there workers inside the Manesar plant and followed up and pressure was and directed us to the Sector 10 A over 500 workers outside the DC mounted on the police until 27 police station and then very soon Office, Gurgaon are on hunger strike workers were released. However, assured that the workers will be right now. Many local workers’ two workers named Ram Niwas and released within a couple of hours. unions are in support of the struggle Om Prakash, were kept under illegal PUDR expressed its concern for of MSWU. detention. They were taken to Sector their total safety, no torture and Barely had the programme 46, CIA, police station. immediate return. started when the police descended on As the PUDR team began According to the two the spot yesterday morning, tore inquiring after 5pm, it was revealed workers who were released around

8 CDRO Bulletin 9pm and 10 pm, respectively, they * An independent and were threatened to be beaten up, were able to see the PUDR team unbiased judicial enquiry to be separated and removed to different from the vehicle that left the initiated into the events that led to jails across the state, but have premises of the Sector 10, CIA, the death of the manager Awanish continued their hunger strike since police station. They were taken to a Dev. The judge nominated should be early morning, even boycotting the lane in the residential area and kept someone both parties are agreeable early morning tea. in the vehicle for one and a half hours to. Majority of workers in the and then sent to the Sector 10-A * Release of all arrested Manesar plant were also planning a police station. It is outrageous but no workers. Reinstatement of all solidarity action of lunch boycott. longer shocking that once again the terminated workers. But just as they embarked on the Haryana police used pressure tactics * End of police pressure solidarity action, immense pressure on these two workers urging them to and coercion on workers in jail was put by the management and a leave the union and assuring that custody, inside the plant and outside- heavy deployment of around 1000 their termination would be revoked and their families too. police was brought in, in the already and the two could join work. And that * Upholding of workers’ fortified company premises, to the matter can be looked into by basic political right and democratic ‘dissuade’ them. The Union ministers and the Chief Minister right to organize and struggle for President and workers from Gurgaon himself. Worse still, the police their just demands! plant also joined in solidarity with threatened them that their fate would the workers in front of the DC Office, be the same as a person being beaten Gurgaon. inside whose loud screams filled the Paramjeet Singh From the very beginning, air. The entry of corporations and Preeti Chauhan the police and the administration multinationals in the absence of any PUDR vehemently displayed their anti- semblance of protection for workers’ November 8, 2012 worker attitude. In gross violation of rights makes the working class the democratic right to protest, the vulnerable to the violence and illegal police dismantled the tent and other actions of the state machinery and HUNGER STRIKE amenities (eg. Water tanker and capital today that we need to BY MARUTI sound system) that the workers had collectively resist. set up for the peaceful sit-in event in The operations of the WORKERS front of the mini-secretariat. The Maruti Suzuki India Ltd workers remained determined and management through the police and The terminated workers of Maruti vowed to continue the protest as administration of the state make it Suzuki, Manesar plant launched their planned in assertion of their rights. clear how uphill it is for the MSWU mass hunger strike today in front of In response, the police continued its to negotiate for the revoking of the the District Magistrate Office, attack on the workers and detained illegal termination of over 500 Gurgaon demanding an impartial about 40-50 workers who were workers and a fair and unbiased inquiry into the incident of 18th July, packed off to Bhondsi Thana. It is enquiry into the incidents of July 18. immediate release of all arrested only after continued pressure from The management with the help of the workers and the withdrawal of all the the workers and the unions present police and the administration is hell false charges put on them, immediate did the police release the detained bent upon breaking down of the reinstatement of all terminated workers. However, 2 members of the political right of the workers to workers, including the contract Provisional Working Committee, unionize and bargain collectively. workers. O.P. Jat and Ramnivas, have been Undeterred by the police action, the The 149 workers in illegally detained inside the police hunger strike resumed and continues Bhondsi jail, arrested after the July station for so-called further now. 18 incident also embarked on a questioning and enquiry. We fear PUDR supports the parallel hunger strike despite that, as the Haryana police on orders struggle of the workers by repeated threats of torture by the jail from the company has done, will demanding: authorities since yesterday. They again put false cases on the workers. CDRO Bulletin 9 However, despite all these addressed by leaders of various culminate at the local minister’s attempts at disruption and factory unions in the Gurgaon- house, which is expected to be intimidation by the police, the first Dharuhera-Bawal industrial belt, attended in large numbers by day of the dharna has proved a including Rajkumar of RICO students, teachers, other members of success and the hunger strike was Employees Union (Dharuhera), the civil society and workers from continued at the decided venue. Jaspal Rana of HMS, Anil of across the industrial belt. Representatives from different trade AITUC, Satbir of CITU, Animesh of unions and other organizations IFTU and Shivmangal Sidhankar of LIST OF DEMANDS: across India came in solidarity to the ICTU. Workers’ Rpresentatives from • Immediate release of all protest and spoke at length about the Pragatisheel Cement Shramik Sangh, arrested workers! immense injustice faced by Chattisgarh (like Kaladas) and • Immediate reinstatement terminated/jailed Maruti workers, Sangrami Shramik Karmachari of all terminated workers! the highly exploitative working Union, Hindustan Motors, West • Stalling of police pressure conditions of workers across the Bengal (Amitava Bhattacharyya), as and coercion on workers-inside the country and committed themselves well workers from Ghaziabad, jail, inside the plant and outside- and to taking this struggle forward. The Noida, Delhi, and Uttarakhand also their families! speakers emphasized how the united spoke in solidarity. •Respect for their struggle of the Maruti workers is The hunger strike will democratic right to organize and very crucial and that it has served as continue throughout the night, and struggle for their just demands! an inspiration to workers across the tomorrow. There is a massive rally country. The assembly was planned for 4pm tomorrow that will 7th November 2012

Kolkata - Report on Arrest of Protestors at Film Festival

A Report Netaji Indoor Stadium, the manner outside Nandan, where Protestors against the exclusion of inaugural venue of Kolkata chief minister Buddhadeb ‘Chokher Pani’ from the Kolkata International Film Festival, on 10 Bhattacharjee was inaugurating International Film Festival, November. They were protesting the film festival of that year. including writer Manik Mandal, against the exclusion of ‘Chokher the author of the novel on which Pani’, based on Manik Mandal’s November 11, 2012 the film is based, were released novel on Nandigram, from the without charge after spending festival inaugurated by chief hours at the central lock-up. minister Mamata Banerjee. It has But on Sunday, police been shown in other international arrested two more youths named festivals in Mumbai, Abhinaba Sarkar and Chandan Tiruvananthapuram and abroad. Prasad outside the festival venue. The demonstrators, including a Their crime was to silently hold up woman, were detained overnight a placard saying, “Release at the Lall Bazar central lock-up. Gandu”, referring to the avant- Police said they would be garde Bengali film directed by ‘Q’. produced before a magistrate the The carnival is turning kafkaesque. next day.

Report on Nov 10 On the same day in 2007, Sixteen protestors were demonstrators on the Nandigram manhandled and arrested near issue were arrested in the same 10 CDRO Bulletin Statement for the Release of Idinthakarai Women

Nearly a 100 prominent Indian warrants served on the jailed women courageous women — Xavier women have written to the Tamil on 9 November, 2012. The letter Ammal, Selvi and Sundari — of Nadu Chief Minister and the noted the discrepancy between the Idinthakarai who are currently in the National Commission for Women FIRs’ claims that protestors were Trichy Women’s Prison. Their urging them to facilitate the release carrying aruvals (sickles), crowbars alleged crime was an act that most of three Idinthakarai women — and other deadly weapons, and the women would commit intuitively, Xavier Ammal, Selvi and Sundari. TV footage from the police namely acting to protect their All three imprisoned women are crackdown of 10 September which families, their communities and their fore-runners in the 15-month long carries no substantiation of these future generations. Xavier Amma, struggle against the Koodankulam allegations. Selvi and Sundari are strong, though nuclear power plant. Women and other gentle, women who have worked The list of signatories supporters from across the country hard to keep their families together includes notable senior writers, have said they will visit the three by rolling beedis, and selling fish. scientists, advocates, thinkers, artists women in jail, and work towards When the occasion demanded, as it and feminists including Mahasweta their speedy release. did with the impending Devi, Aruna Roy, Romila Thapar, commissioning of the Koodankulam Vandana Shiva, Mallika Sarabhai, For more information, contact: reactors post-Fukushima, the Lalita Ramdas, Medha Patkar, unanswered questions about its Pamela Philipose, Vrinda Grover, Geetha V., Chennai Solidarity Group safety galvanised the women from Devaki Jain, Kalpana Kannabiran for Koodankulam Struggle villages around Koodankulam into and Shabnam Hashmi. The letter was November 14, 2012 action. Among those thousands of in reaction to to what the signatory women, these three have clearly women termed as “the increasing stood out as leaders. hostility of the various agencies of Following the September the State to democratic dissent, and LETTER TO TAMIL 11 police crackdown on the dharna the particular viciousness with which NADU CM AND by villagers opposed to nuclear non-violent protests are being NATIONAL energy, the police have arrested addressed.” many villagers, including those who The letter endorsed by the COMMISSION FOR were in no way part of the protests. women stated that the women’s WOMEN Across the board, the FIRs record “alleged crime was an act that most that the villagers were armed with women would commit intuitively, Date: Nov 14, 2012 deadly weapons like “aruval namely acting to protect their (machetes), knives, sticks and families, their communities and their To, crowbars.” Television footage of the future generations.” September protests and police action The Idinthakarai trio is Selvi Jayalalitha, bear testimony to the fact that the currently in the Trichy Women’s Chief Minister of Tamil Nadu protestors were unarmed. Xavier prison, facing several charges Amma injured her hand after she ran including of sedition and waging war Ms Mamta Sharma, and fell into the sea to escape the against the state, in six cases. They National Commission on Women baton-wielding police. Both Selvi have already spent a month in jail, New Delhi and Sundari have children that need with the police bringing up fresh taking care of. Selvi’s son is cases at each bail hearing. Most Dear Sisters epileptic. It is indeed absurd that recently, three new cases based on We are writing to urge you to such women have been arbitrarily earlier FIRs were registered and facilitate the speedy release of three accused of sedition and waging war CDRO Bulletin 11 against the state. While releasing tens Akkineni, Ambika P., Ammu Joseph, Nandini Manjerakar, Nandini Rao, of others on bail at the same hearing Amrita Shodhan, Angeli Alvarez, Nasreen Fazalbhoy. Navya PK, of the Madurai Bench of the Madras Anita Thampi, Anitha Sharma, Arati Neera, Pamela Philippose, Parvathy High Court, it is unclear as to why Chokshi, Aruna Roy, Asha G., Shankar, Pinki, Primila Lewis, Prithi only these three have been denied Asmita Basu, Charanya, Chinmayee, Turakhia, Ramlath Kavil, Ranjini bail. D W Karuna, Dr Jyothi Krishnan, Dr Krishnan, Rupashri Sinha, Sadhna We, the under-signed, are Kaveri Indira, Dr Mallika Ramdas, Arya, Sandhya Gokhale, Saraswati, women from different walks of life Dr S Santhi, Dr Sagari Ramdas, Dr Saraswati Kavula, Savitri, Seeta who are very concerned at the Sharmila Rege, Dr Usha S. Naik, Dr. Dasan, Shabnam Hashmi, Sheba increasing hostility of the various Devaki Jain, Dr. Kalpana George, Soma KP, Sonia George, agencies of the State to democratic Kannabiran, Dr. Romila Thapar, Dr. Sudha Bharadwaj, Supriya dissent, and the particular Vandana Shiva, G. Arunima, Madangarli, Susie Tharu, Swarna viciousness with which non-violent Geetanjal Gangoli, Girija Adam, Rajagopalan, Trupti Shah, Uma protests are being addressed. We are Gowri Chinappa, Indeera Chand, Chakravarthi, Uma V Chandru, writing to urge you to kindly act to Indira C, J. Devika, Jaya Velankar, Usha.S, V M Girija, V. Geetha, restore justice by releasing these Jaya Vindhyala, K. Ajitha, K. Vasanth Kannabiran, Vidya Vasant three women so that they can join Saradamoni, Kalpana Mehta, Patil, Vineeta Bal, and Vrinda their families, and by facilitating the Kamayani Bali Mahabal, Karen Grover return of a sense of normalcy in the Coelho, Kaveri Indira, Kavitha villages around Koodankulam. Kuruganti, Lalita Ramdas, Lata singh, Madhmitta Dutta, Madhuri (Letter petitioned by) Krisnaswamy, Mahasweta Devi, A. Mangai, Abha Bhaiya, Albertina Mallika Sarabhai, Mary E John, Almeida, Alice Slater, Amala Medha Patkar, Meera Uday Kumar,

Condemn the Arrest of Facebook Users Questioning Shutdown of Mumbai

People’s Union for Democratic Dhada, uncle of Shaheen Dhada. shutdown after Thakeray’s death as Rights strongly condemns the arrest Despite withdrawing her post, the a spontaneous one resulting from of two facebook users, Shaheen two were questioned by the police ‘respect’ is called into question by Dhada who questioned the total and arrested the following day, 20th the severity of the police action shut down of Mumbai for Bal November. Criticisms over the against the two women. If the Thakeray’s funeral on Sunday, 18th arrest compelled the police to Palghar shakha of the Shiv Sena had November 2012, and Rini modify the offence from u/s 295-A not reacted as strongly to Dhada’s Shrinivasan, who indicated that she to S. 505 IPC (statement promoting comment, perhaps the enforcement agrees with the post. Though they and creating enmity and hatred of the shutdown by the state have been released on bail, the duo among classes), order an internal machinery may never have been were initially charged under S. 295- probe into the matter and, detain a revealed. A, IPC (outraging religious ‘few persons’ in connection with Beginning with heavy feelings) and S. 66A, IT Act the incident of vandalism in Dr. police deployment when the (sending offensive Dhada’s clinic. rumour of Thakeray’s death messagesthrough communication Ironically, the arrests emerged late last week, and services etc.). On 19th November, prove the validity of the facebook culminating in the Mumbai Police’s a rampaging mob, comprising 40- comment posted by Dhada. The call on Saturday evening to stay off 50 cadres of the Shiv Sena news media’s uncritical roads and trains unless there is an vandalized the clinic of Dr. Abdul representation of the Mumbai emergency, very little of the

12 CDRO Bulletin shutdown was about ‘respect’. It was mainly about fear. Mumbai The Killing Fields of IIT Kanpur citizens chose to stay home after having been beaten into Anarchic Work Conditions Claim Yet Another powerlessness by years of hooliganism by the Shiv Sena, Worker’s Life acting in collusion with the state machinery. On Nov. 21, 2012, at around 9:10am, one-foot wall to get better access, The right to freedom of a worker, Shri Ram Saran Rai, fell and then spill the contents of his pan expression is a fundamental right from the 6th floor of the under- on the debris pile on the ground. It granted to all citizens and its brazen construction Extension to the New is while doing so, using probably a and illegal violation by officials of RA Hostel building (next to the little extra force to dislodge some the state in collusion with fascist swimming pool). According to materials stuck to the pan, that his organizations is a crime. The fact workers at the site, he did not survive foot slipped and he fell face-down that posting a critical comment the fall; officially, he was declared directly on the debris pile on the online can lead to such repression ‘brought dead’ at the hospital where ground below. is an indication of the extent of the he was taken soon after the fall. This According to eye-witnesses Shiv Sena control and clout over the is the 9th incident of a worker’s death who reached him within minutes of state administration. It is shameful while working at IITK within the his fall, he died immediately as a that the young women have had to past five years and fourth in the last result of this fall. Shri Ram Saran was withdraw their post, even apologize seventeen months; it comes just wearing the required helmet, but had for it, in a place where fascist goons about a amonth after the tragic death been issued no safety belt, nor was have legitimated, circulated and of Shri Atar Singh, also caused by a there any net in place where he was acted upon the hate speeches of Bal fall from a building under working. Thakeray and his followers. construction on campus. Hamara The inspection of the site Manch has put together the following by Hamara Manch volunteers around PUDR demands: report based on first-hand reports by 10:25am revealed the following: fellow workers from the same site as * The balcony directly • Immediate revocation of well as Hamara Manch volunteers above the debris pile on the ground, charges against Dhada and who visited the site within an hour from which Shri Ram Saran must Shrinivasan of the incident. have fallen, had no railing (in a few • Criminal proceedings other adjacent balconies, such a against officials involved in the The Incident: railing had been installed). arrests Shri Ram Saran, along with * This balcony simply had • Compensation to Dr. his fellow workers, reached the the short one foot wall on which the Dhada for financial losses worksite around 8:40 am to begin railing is to be installed. • Compensation to the two work. Shri Ram Saran was employed * There was a simple women for harassment and trauma as a cleaner responsible for clearing barricade (an iron rod, visible in the • Criminal proceedings the construction debris from various photographs below) blocking the against Shiv Sena activists involved floors and dispose of it on a way from the room to the balcony. in vandalism and intimidation. designated dumpsite at one place on Though it is unclear when the the ground. barricade was put up (according to Shri Ram Saran began this an on-site IWD engineer, it has been Preeti Chauhan work on the 6th floor, collecting the in place for some time), it is evident Paramjeet Singh debris in a large pan and throwing it that with the barricade in place, no down by stepping out on the balcony debris could be thrown from there (Secretaries) PUDR of one of the rooms on the sixth floor. to the ground below. To do so, he had to step upto the edge * There was clear evidence 20th November 2012 of the balcony, place a foot on a short of work having begun and then CDRO Bulletin 13 abandoned abruptly on that floor debris to fall directly below. Bihar come regularly to work in IIT (half piles of cleaned debris, After the accident, Shri Kanpur. They are brought here by a abandoned slipper, etc.). Ram Saran was taken directly to a local contractor from their village, This contradicts the claim hospital in the city. He was who pays them Rs. 5000 in advance of an onsite supervisor who told HM accompanied by fellow workers and for 45 days work (the minimum wage volunteers that work had not as yet an official/ contractor’s person. He for unskilled work currently is Rs. begun on the site for that day, and so was declared brought dead at the 279 per day, coming to Rs. Rs. there was no reason for Shri Ram hospital. Yesterday evening (Nov. 12,555 for 45 days). In addition, the Saran to be there at that time. The 22), his body has been taken to his workers are given to-and-fro fare and photographs taken by these village in Bihar by his relatives/ boarding/lodging in Kanpur (they volunteers show the balcony from coworkers. reside in Barasarohi). While here, which the fall probably took place As of Nov. 21 evening, no their working hours on the as well as the debris pile on which official, either from the Institute or construction site are 8:30 am to 7 pm, Shri Ram Saran fell: Sixth floor from the contractor, M/s Ramky, had with one hour in between for lunch. balcony from which, most probably, made any attempt to contact the These hours are much longer than the Shri Ram Saran fell. You can see the family members of the deceased hours for local workers who work one-foot boundary beyond the worker, even though two family from 9am to 6pm. It is these local temporary barricade, which is found members (a brother and a brother- workers who were reporting for work ONLY on this balcony. in-law) work on the same site. around 9:10am when the incident According to IWD officials took place. The group of workers on the site, the ‘proper’ way of Worker Background: from Mansahi has their own disposing off debris requires the Shri Ram Saran was around supervisor and so have no contact presence of one supervisor each at 40 years old. He is survived by his with local workers. They are also the top (from where the debris is mother, wife and two children, aged not paid anything while they are being thrown) and one at the bottom 8 and 11 respectively. He hailed working in IITK; they have never (at the debris pile), overseeing the from Jharkhand, though he came to visited the Minimum Wage office whole process. Furthermore, the work at IIT Kanpur from Mansahi even though some of them have debris is supposed to be thrown village, in Katihar district, Bihar. His come to work on this site earlier too while remaining one-foot away from wife belongs to this village, and he in 45 day blocks. the edge. However, at the time of spent much of his time there, making Before beginning work at this incident, there was no supervisor it possible for him to join a group of the site, these out-of-state workers overseeing this work since the workers from this village recruited are given safety equipment (helmets, supervisors on site were busy taking to work for 45 days at IIT Kanpur. shoes, safety belts) as per need, and attendance of those workers who This group of 38 workers, which are given safety instructions by the were just arriving (the discrepancy includes Shri Ram Saran’s brother as site supervisor. Since the recent between different arrival times for well as brother-in-law, arrived for death at another construction site, workers is explained later in this work on this site in IITK on Nov. 1, there has been very strict checking report). Only a ‘munshi’ was present 2012, and began work on Nov. 2, of safety equipment on their site, on the 6th floor, but his exact location 2012. Upon arrival in IITK, all these with workers being told to go back at the time of the incident is not workers were issued identity cards if they come without helmet or shoes. known. on which their place of residence was There is also a Mr. Gupta who comes According to fellow filled out as Varanasi, and they were to the site regularly to check safety workers, it is impossible to throw the told to claim Varanasi as their place equipment. However, the everyday debris down correctly on the debris of residence if asked by anyone. The work of these workers is supervised pile below without stepping right to institute communique reflects this by supervisors from their own group. the edge and leaning over. Any ‘official’ version, though Following the accident, the distance / barrier in between makes interestingly, the name of the village work site has been shut down it difficult to tilt the heavily loaded mentioned, Mansahi, is correct. indefinitely. These 37 workers have pan in a way that would allow the Workers from this village in been told that they may expect to 14 CDRO Bulletin return to work in 15-20 days. Our Concerns / Demands: Rs. 4,00,000, though the legally Meanwhile, they have contacted As mentioned earlier, this calculated amount comes to Rs their contractor back in Bihar and he is the second worksite worker death 7,13,960 (Factor 178.49, age: 42). has arrived on 22nd morning. This within the period of just about a * An enquiry into the series group of workers is determined to month, fourth in seventeen months, of fatal accidents including the stand united in dealing with this and the 9th over the past five years. present by an independent Human tragic incident. Furthermore, the investigation into Rights organisation, like PUDR- As a ritual IITK has again this worker’s death has also brought PUCL. ordered a ‘one man’ enquiry by a to light several other issues regarding * All the reports (along with retired CPWD official as it has done migrant labour and wage payment all the annexures) related to all the in the previous such cases (http:// that highlight the continuing blatant deaths be made public immediately, web.iitk.ac.in/directorate/ violation of all labour laws on including the pending report directorateoff_orders/ campus. Such anarchy and regarding the case of Shri Atar Singh DIR_IITK_2012_OO-98.pdf). exploitation cannot be allowed to (the worker who died as a result of a continue. In fact in our opinion there construction-site fall on Oct. 18, Contractor Background: is an intimate relationship between 2012). This work site is under M/s the anarchy in employment relations * The Institute makes Ramky Infrastructure Ltd (http:// and safety of the workers. If IITK public what it has done about the www.ramkyinfrastructure.com/), a will keep pretending that it has various safety related reports and big Andhra Pradesh based nothing to do with who is employed, their recommendations so far. contractor. However, the group of when and how, then any safe practice * Full disclosure by the 38 workers, of whom Shri Ram and procedure at work is impossible. Institute regarding inter-state migrant Saran was one, has no direct contact Workers need to be trained in safe labour working on campus, with with this contractor. They are paid practices and there has to be a tight proper implementation of all directly and ONLY by their own safety audit as repeatedly suggested provisions required by law for such contractor, and work under their own by various concerned members of workers. supervisors. the community and professionals in * Payment of full due It is notable that during the various reports as detailed in our wages (along with all due Labour Commissioner’s ‘surprise’ previous report on Atar Singh. We backwages, including overtime) in visit to IIT Kanpur on April 26, 2011, need to collectively raise our voices the minimum wage office to all the LC found that this particular against such practices to ensure a construction site workers, including contractor (at the same RA hostel safe and dignified working migrant workers such as this group extension site) did not have proper atmosphere for everyone working on of 37 workers. documentation or notice boards the IITK campus. In this regard, we * The Institute declares regarding labour details / safety demand that: what punitive measures it has taken regulations. It is not known whether * Immediate payment of against the guilty contractors and the LC filed any official complaint full legally mandated compensation officials in the last five years. against this contractor at the time, or to the family of Shri Ram Saran. This if the Institute took any action in this compensation amount comes to Rs regard. Soon after the LC’s visit, a 7,36,680 (assuming age 40, Factor Hamara Manch ‘Safety’ notice did appear in front of 184.17 as per the Workmen’s’ November 23, 2012 the site (still visible, though barely, Compensation Act; even assuming since it is covered with a thick layer age 45, as per Institute communiqué, of dirt); interestingly, this notice, the compensation amount comes to Hamara Manch Report on the which adjured workers to think of Rs. 6,77,760). It is important to note previous fatal accident last month is their families and so keep safe, is that in the previous case that took available here: entirely in English. place a month ago, a compensation https://sites.google.com/site/ ‘settlement’ was reached with the iitkcfdevelopment/case-studies/ family of Shri Atar Singh for under accidents/2012-oct CDRO Bulletin 15 Statement on the Killing of Villagers by Paramilitary Forces in Orissa

The recent incident of paramilitary husband of the arrested Sarpanch, police, at the behest of the political forces murdering five villagers and namely Karma Patmajhi involved in elite have created the myth of saying that they were Maoists in the the BPL rice scam, in the Gram ‘encounter’ to violate the inviolable Gajapati district of southern Odisha Panchayat elections held in 2012. It right. PUDR has seen in the past that on the 13th November 2012, is yet is also noteworthy that all the security forces returning from other another instance of a serious malaise deceased persons took prominent operation tend to take their wrath out of the body politic which PUDR has part in Brahmnigam Block formation on anyone they suspect. There is a repeatedly raised and always movement and in the local resistance likelihood that such could be the case condemns. to the declaration of Kotagarh forest here too. If our apprehensions are The local media has as a reserve/sanctuary. correct, which only an independent identified the victims of the staged It has also been alleged that inquiry can bring out, then this could encounter as Mr. Ghasiram Bagsing, the family of the disgraced Sarpanch be yet another instance of killing of Ayub Padra, Syamson Majhi & had not only threatened the victims innocent civilians in the name of Sanatan Maillik of Brahmanigaon with dire consequences but also ‘police action’ against Maoists. In Police Station area & Laxmikanta complained against them to the doing this, the police is not only Nayak of Tikabali Police Station Maoists. It was the Maoists who had bypassing existing norms and area. The first three persons were summoned them for ‘trial’. While procedure of law but also practicing prominent activists. They had raised they were returning after meeting the cruelty which forebodes ill for any the issue of corruption and Maoists that the SOG and the local society and civilization. Therefore dishonesty on the part of the police gunned them down. None of we demand: Sarpanch of the Sirmuli Gram them had any arms. 1. The Policemen involved Panchayat Smt Kamla Patmajhi, her Till yesterday, according to in the so-called encounter be husband and ex-Sarpanch Karma local media (O TV, the SAMAJ), immediately booked under Patmajhi and her other family four others, picked up from the same appropriate section of IPC and members in the distribution and ‘encounter’ site are still under illegal brought to trial. illegal sell of BPL rice. They detention of police, tied in ropes. 2. The victims’ families spearheaded a campaign, lodged a PUDR is extremely should be immediately and suitably FIR with the local police on 19 Aug concerned about the repeated ‘compensated’. 2012 for this case. The sarpanch was instances of murder of innocent 3. Stop all military subsequently arrested along with her people at various places by operations against citizens and driver and BPL rice was recovered. paramilitary forces in the country sincerely try for dialogues to settle They even mobilized villagers and which are presented as “encounters” demands and differences. had staged a dharna on the 11th and illegal detention of innocent October 2012, in front of villagers. The politicization of the Daringabadi Block Office, for the police and other paramilitary forces Paramjeet Singh arrest of all members of the in general, and their partisan role in Preeti Chauhan Sarpanch’s family involved in the settling local political differences as illegal sell of BPL rice. Ghasiram in this instance, is not only (Secretaries) PUDR Bagsing was an elected member of condemnable but has dangerous November 22, 2012 the Gram Panchyat Samiti. portents for the future. Besides Ayub Patra was a local PUDR is equally concerned about campaigner for the proper the question of right to life. Every implementation of MNREGA and human being has an inviolable right FRA. It is his uncle who defeated the to life, even a so-called Maoist. The

16 CDRO Bulletin On the Killings in Gajapati in Orissa

Following media reports of an (on the Gajapati-Ganjam border) in dropped them off enroute Bujuli and encounter between the police and the jurisdiction of the Mohana police that was the last she saw him alive. Maoists in Gajapathi district of station following which they She heard the news of his death from Odisha on November 14 leading to returned the fire in self-defence some residents of the village who had the death of 5 Maoists, a team of the resulting in the death of 5 Maoists is gone to Brahmanigaon to collect Human Rights Forum (HRF) nothing but a blatant falsehood. their pension. enquired into the matter. The team, All five killed were Shyamson Majhi of consisting of HRF general secretary civilians and unarmed. They were Bhingiriguda was a much respected VS Krishna and writer and social farmers who were leading man. He had unsuccessfully activist Deba Ranjan Sarangi visited completely over-ground lives. While contested for the Saramuli the villages of four of the deceased three of them, Aiba Padra, Shyamson sarpanch’s post in 2006. He was on November 21 and spoke with Majhi and Sanatan Mallick were president, since 2004, of a local their relatives and the local people. adivasis of the Kondh tribe, committee formed by the people and The names of those killed Ghasiram Bagsingh and Laxmi was quite active in issues like in the firing by the police are: (1) Kanta Nayak were Scheduled Castes exposing panchayat raj corruption Aiba Padra (35) of Bujuli village in belonging to the Pano community. and laying of roads to remote Gadhapur panchayat. (II) Shyamson Interestingly, three of them, villages. He, along with several other Majhi (50) of Bhingiriguda in Ghasiram Bhagsingh, Shyamson activists, had met the Revenue Saramuli panchayat. (III) Ghasiram Majhi and Aiba Padra were also Divisional Commissioner of Bagsingh (33) of Mardhipanka social activists. Southern Region at Berhampur village, Saramuli panchayat and Aiba Padra of Bujuli recently seeking electricity for his Sanathan Mallick (27) of Gaheju (located at about 2 km up a and other villages. Shyamson was village in Hatimunda panchayat. mountain) had some land on which also trying to get an NGO in the area All four villages are located he raised ginger and turmeric. His to facilitate a potable drinking water in Daringabadi block of Kandhamal wife Ranjita is an anganwadi worker scheme for Bhingiriguda. district and fall in the jurisdiction of in the village and they have a 6 year Along with Ghasiram the Brahmanigaon police station. For old son who studies at the Good Bagsingh, (one of the others killed reasons of time we could not visit the Shephard School in Brahmanigaon. in the bogus encounter) Shyamson village of the 5th deceased Laxmi Aiba was employed with an NGO took active part in the anti-corruption Kanta Nayak which is Lujuramunda Orissa Health and Medical Research movement in the panchayat that in Bahadasahi panchayat of block Institute for which he was filling in focused upon, among other things, Bastingia in the limits of Tikabali details of the government’s socio- the siphoning of rice meant for relief police station. However, we spoke economic and caste census. He was, for the 2008 Khandamal riot-hit. The with his relatives and wife Basanthi according to residents of the village, Saramuli sarpanch Kamala Patmajhi over the phone. quite concerned about the and her husband Karma Patmajhi On the basis of our development of the area and took an and their associates were responsible enquiries we state emphatically that active part in persuading his maternal for diverting a substantial part of the all five of the deceased are not armed uncle Lukosuna Majhi, a BJD rice and were thus profiting. Because Maoist cadre but civilians. They did functionary and that party’s of the sustained movement this year not die in an encounter but were contestant for the 2009 Assembly against them, the sarpanch was murdered by the police. The version polls from G Udayagiri, to get a road arrested and remanded to judicial of the police that a combing party of laid to Bujuli. custody for about 2 weeks. the Special Operations Group and According to Ranjita, Aiba On November 13, District Voluntary Force were fired was driving her and their son on his Shyamson asked his brother upon on the forenoon of November motorbike from Brahmanigaon on Judhistir, a teacher, for his 14 by Maoists in the Bhaliaguda November 12 when he said that there motorcycle saying he had to go to forest area of Gobindapur panchayat was some work he had to attend on Daringabadi to seek legal help for and would be back the next day. He CDRO Bulletin 17 11 of their associates who were being right thing. The last time Mamita saw rushed to the MKCG at Berhampur implicated in a false case by Karma him alive was on November 13th to pick up the bodies. Patmajhi and their associates. That when he left home in the morning We reiterate that the five was the last his wife Sikko Alu Majhi saying he would return the next day. deceased are unarmed civilians and saw him. The couple has two sons, While we could not visit not underground functionaries of the one of who is mentally challenged. Lujuramunda, the native village of Maoists as is being made out by the The family learnt of Shyamson’s Laxmi Kanta Nayak (38), we could police. This fact can easily be death on the 15th of November from gather some information over the verified from a visit to their villages. relatives. phone. He and Basanti, his wife, None of the 5 had any cases Ghasiram Bagsingh (33) of have 2 daughters and a son. Nayak registered against them and they Mardhipanka was by all accounts an was a marginal farmer and wage were all leading law-abiding lives. exceptionally dynamic activist. He labourer as well. He had left the There was no exchange of was elected panchayat samiti village along with his cousin Junes fire on the forenoon of November 14 member in the 2006 polls and was Digal on November 13 for but only unilateral firing by the quite well known in the area. Apart Daringabadi. They went to invite police. The police, as is their wont, from some farming, he also did small Digal’s uncle for a domestic function continue to assert that these 5 were construction contracts. He was the related to the recent birth of Digal’s armed Maoists who fired upon them leader of the anti-corruption crusade second daughter. They even called thereby necessitating return fire in in the panchayat that resulted in the up a relative Amit saying that they self-defence resulting in the deaths. sarpanch getting arrested. He, along had finished inviting the uncle and This is a standard concoction of the with people like Shyamson Majhi would be back in the village. When police to explain away extra-judicial took out an impressive rally at they failed to return on the 14th, their killings. After registering a case Daringabadi on October 2 seeking relatives made enquiries in under section 307 of the IPC action against not just the sarpanch Daringabadi but to no avail. They (relating to attempt to murder) but all those who were involved in learnt the next day that Nayak was against the deceased, the police seek the rice misappropriation and other no more. to close the case. To allow this to illegalities. Videos of this rally are In fact, we were told by happen would be plain mockery of available with shots of the BDO and several people that Junes Digal the law. tehsildar also who the agitationists survived the firing by the police after A mandatory magisterial petitioned on the occasion. Ghasiram which he was taken into their enquiry will no doubt be done by the was driving the bike with Shyamson custody. The police kept him administration but that is no pillion riding on November 13th confined in illegal custody for almost substitute for criminal prosecution of when they left for Daringabadi. This a week and acknowledged his arrest those who perpetrated these killings. is the last seen of both of them alive. only on November 20. The law and the Constitution of India Ghasiram was the virtual head of the Two more persons Samsan will not have it any other way. We family after his father passed away Mallick (25) of Dahugram and Arun demand that: in 1998. He took care of his 5 sisters Sunamajhi (22) of Goudugram, 1. The police officers/ and a brother. Ghasiram’s wife coming under Bahmanigaon police personnel who participated in the Laxmi is left with four children, two station, were produced before the Bhaliaguda killings of November 14, boys and two girls. His entire family court by the police on 22nd 2012 must be charged under Section and village residents are devastated. November after family members of 302 of IPC relating to murder as well Sanatan Mallick (28) of both moved a habeas corpus petition as other relevant provisions of the Gaheju was a farmer who raised in the Odisha High Court. They had penal code and prosecuted. ginger and paddy. He was also a gone missing after the Bhaliaguda 2. The investigation in the pastor. He and his wife Mamita, an encounter. case must be done by the CBI or a anganwadi helper, also ran a small The insensitivity of the criminal investigation team under the kirana shop in the village. They have administration is evident in the fact aegis of the National Human Rights two daughters. According to the that not a single one of the families Commission (NHRC). village residents, he was a good man was even informed about the deaths. 3. Compensation of not less and of a helpful nature. He would It was only friends or relatives that than Rs 10 lakh must be handed over often speak in terms of doing the gave them the news and they all without delay to the family members 18 CDRO Bulletin of all five killed. outbreak of mere criminality. They VS Krishna 4. The government must must acknowledge that the (General Secretary, Human Rights seriously implement protective movement has roots in material Forum) legislation for adivasis and other deprivation, un-freedom and social Deba Ranjan Sarangi traditional forest dwellers in the 5th oppression. The ongoing policy of (Writer and Social Activist) Schedule areas of the State. brutal suppression must be stopped 5. The State and Central and that movement addressed November 24, 2012 governments must desist from politically. treating the Maoist movement as an Why Are Five Adivasi Activists and Xavier Dias Sent to Chaibasa Jail? The following is a note sent by celebrations. According to Ho TISCO sponsored union affiliated to Xavier Dias, before they tradition, unless the village head the central trade union of the surrendered, to let the world know priest Duri performs the Baa puja Congress Party (INTUC) threatened the details of the case and the story villagers under his jurisdiction that if a case is filed, they would go of the battle of the people of cannot participate in similar festivals on strike. It should be noted here that Noamundi against the TISCO. elsewhere. It’s a sacrilege. The this was the first time in the history TISCO (Tata Iron & Steel TISCO workers forced themselves of this union that they gave such an Co.) known as TATA STEEL’s on the women and by applying ultimatum to the management. captive iron ore mine lies in colour on their breast and genitals In the meanwhile, anger Noamundi Jharkhand. It is one of molested them. spread among the Ho people. At that their first mines, operational since They all came from time the All Jharkhand Student 1907, and supplying ore to its Noamundi Basti the original village Union (AJSU) was strong in that furnace in Jamshedpur. This is the from where Noamundi gets its name. area. AJSU supported the demands homeland of the Adivasi people of When the late Gagan Suren, the of the Munda. India from whom resources were Munda (Adivasi village chief), of the On the other side of expropriated to convert the House of village came to know of it, he Noamundi in a different area lies the Tata’s from a opium trader to a full- approached the TISCO management TISCO Palletising Plant or P Plant fledged monopoly capitalist. One of and demanded that a case be as known locally. It was constructed the first in British India. registered against the workers. on grabbed lands of the surrounding Noamundi prior to the TISCO refused and as the Police too villages, the main one being Moodhi arrival of mining was a 100% ‘Ho’ come under their control, the Police village. The sacred graves and sacred Adivasi territory. Today Tatas have station refused to accept the FIR groves till today rest within the walls a large township with massive (First Information Report) of the of the P Plant and ever since the mechanised mining including Munda. villagers have been demanding processing plants. One of the sub colonies of compensation. Seeing their relatives In 1991 on the festival of Noamundi Township, JoJo Hatting of Noamundi basti under attack and Holi, a rowdy group of TISCO comes under the jurisdiction of the agitating, the villagers of Moodhi employees molested a team of Mundi of Noamundi Basti, in this village decided to support them by Adivasi women labourers on the case Gagan Suren. Under the power opening another agitation front construction site of the Company’s the Munda had then he ask all the against TISCO. They locked the P Sports Stadium. The women had workers and their families to quit Plant with the workers in and refused joined their hands and told these Jojo Hatting. TISCO found itself entry to the next shift of workers. drunken workers that as their Baa saddled with about a hundred Hundreds surrounded the P Plant and Parob (festival of spring) was not yet refugee families at their door step. kept its gates locked for days. performed in their village they TISCO soon relented and asked the TISCO was hereby being cannot join them in the Holi Police to file a case. Immediately the challenged by Adivasis who they CDRO Bulletin 19 consider as sheep to be slaughtered. As usual in those times the reduced to seven persons. The rest They could not take it. Their security Police issued different criminal cases all have died much before their time. men (private security force) opened against the villagers and AJSU They are today the unsung heroes of fire on the Adivasis at the P Plant. activist. As the P Plant gate is Jharkhand. Their wives and children This act itself let to a big problem adjacent to the railway line TISCO are till date suffering due to the for TISCO as they cannot open fire got the Railways to file their case sacrifice of their breadwinners. on a crowd. So they got the Police against the same accused. to issue a statement that it was the This group of accused, November 27, 2012 Police who fired the shots. about fifteen in number, is today

How Just was Kasab’s Hanging?

The execution of Ajmal Amer Kasab mercy petitions and executions Arbitrariness, as evidenced in has been hailed as one that gave a have been stayed. Kasab’s case, shows that the sense of justice and closure to the For instance, consider the executive can function free from the victims of the 26/11 Mumbai attack. following mercy petitions rejected requirements of the law and can But far from that, Kasab’s hanging by former President Pratibha Patil. “pick and choose” who it wishes to should set alarm bells ringing for After the mercy petitions of kill. This endangers the right to life every citizen of this country because Santhan, Murugan and Paririvalan of every citizen of the country. it shows that procedural fairness is were rejected, the Madras High The hanging of a human no longer a vital element of our Court intervened and stayed their being brings to the fore moral system of justice. The executive can executions. Similarly, the Supreme questions about whether retribution now choose who to kill and turn a Court intervened on a petition filed and revenge are values which we blind eye to the rule of law. by the wife of Bhullar, whose mercy wish to encourage and legitimise. PUDR believes that petition had been rejected by Patil, But, as significantly, Kasab’s Kasab’s hanging is a violation of and stayed the execution. Again, hanging proves that when we procedure established by law. The after the mercy petition of condone, even celebrate, arbitrary secrecy and speed of Kasab’s Mahendra Nath Das was rejected by actions by the executive and forgo execution after the rejection of his Patil, the Gauhati High Court too judicial procedure, we surrender a mercy petition raises serious issues. dismissed a petition against this little more of our freedoms and To begin with, by sending rejection. However, the Supreme create a police state. a one-line mercy petition in Court intervened and Das’s PUDR condemns the September, the jail authorities made execution was put on hold. In fact, unjust hanging of Kasab and the serious omission of not in the case of two young men, demands an enquiry into the failure providing legal assistance to Kasab. Vijayavardhana Rao and Chalapati of the judiciary and executive to The issue here is not one of Kasab’s Rao slated for execution in maintain procedural fairness. guilt or the heinousness of his crime. December 1996, a subsequent Further, since in a democratic Our judicial system promises mercy petition resulted in stay of republic clemency powers should equality under the law and not execution and commutation. be exercised on behalf of the providing legal assistance amounts So, clearly, Kasab’s sovereign people, we demand the to the failure of the executive and speedy and secret execution was a formulation of transparent and judiciary to practice democratic means to deny him any legal rights. equitable norms for the processing principles laid down in the And would a judicial review have of mercy petitions. Constitution. resulted in any relief for him? We Second, and more will never know because his Paramjeet Singh and Preeti importantly, it must be noted that in hanging is a symptom of the failure Chauhan a number of cases, courts have of the rule of law and of blatant (Secretaries), PUDR intervened after the rejection of procedural unfairness. November 29, 2012

20 CDRO Bulletin The 12th State Delegate Conference of AFDR, dated 17-18 November, 2012, Aggarwal Dharmshala, Barnala, Organised by AFDR

Purushottam’s 12th anniversary of martyrdom, a daylong seminar on ‘Telangana Statehood Movement – State Violence’, dated 24th November 2012, Press Club, Basheerbagh, Hyderabad, Organised by APCLC.

CDRO Bulletin 21 £ ¤ £ ¥ ¤ ¡ ¦ NOVEMBER 2012 CONTENTS C ¡ ¢

NCW Shamed into Reopening the Soni Sori Case After A§¨©¨

Gherao

e e Anti-Posco: Villagers Resist the Government’s Push to A¨ A

Acquire Lands

A §

Illegal Arresting of Madan khalkho and Three Peoples of

e e Primitive Tribe Groups A§

Condemn the Unjust Arrest of Activist Dayamani Barla

e e

The Conviction of Dr. Sunilam and Others in the Multai Police B¨

§ B Firing Case of 1998 in Which 24 Farmers Were Killed by ¨

Police Bullets: A Critique of the Judgements, Kavita B Srivastava, PUCL ¨§

Freedom for Gour Chakraborty!, Dhiraj Sengupta, General

¨ B

Secretary, APDR

AH  §He  RD Nimesh Investigation Commission Report be immediately  

released by SP Govt B  

Investigation in to the Police firing outside Masoori PS, PUDR ©L A  How to Kill a Democracy, S. P. Udayakumar BALL

Tarique Quasmi’s Letter Addressed to the People Sent from

N Ae  the Lucknow Jail N§B

Supreme Court Admits Petition on Extrajudicial Executions in AH 

Manipur, EEVFAM §

P ! "   Tribals Take Out Mass Rally §¨

Statement on Narayan Sanyal, 9th October 2012, CDRO " # Fact Finding Report: Gang Rape of Dalit Girl by Dominant §

Caste Youth and Suicide of Girl’s Father at Dabra Village,

§$¨© ¨    

Hisar, Haryana, e  PUCL Demands Immediate Release of Human Rights §$

Activists From Across India Arrested When Heading to %

Koodankulam, PUCL §$¨ P # H Manoj Konwar Murder Case Referred to HC §$¨©

Memorandum Against Repression of Worker’s Movement in N Haridwar, Uttar Pradesh §$¨©

Why the Prime Minister Who Convened Bio-Diversity

§$¨©  

Convention is Silent on Telengana People’s Diversity,

& NH APCLC §$¨© The Terror of Law

22 CDRO Bulletin