Condemn the murderous attack on workers in Gorakhpur

We strongly condemn the murderous attack on workers who attended the May Day rally in Delhi by factory owners in Gorakhpur

New Delhi, 3 May – We strongly condemn the murderous attack on workers who attended the May Day rally in Delhi to hand over their charter of demands to the government by factory owners in Gorakhpur and demand immediate intervention by the Uttar Pradesh and central govt. to punish the guilty.

Around 2000 factory workers had come to Delhi to take part in the May Day rally. When hundreds of workers of Ankur Udyog Ltd. returned to their work this morning they were stopped by a notorious criminal Pradeep Singh and his goons hired by the factory owners who first beat the workers and then started firing in which at least 20 workers were seriously injured. The condition of one worker is critical who has a bullet lodged in his spine and has been sent to the medical college. 18 workers are admitted to the district hospital.

This well-planned attack had the full complicity of the civil administration and police who are working shamelessly on the behest of the local BJP MP Yogi Adityanath. The police escorted the attackers outside the factory premises and let them escape.

This incident is one more example of the despotic and anti-worker attitude of the Uttar Pradesh govt. The convening committee of the Workers Charter Movement warns that if immediate action is not taken against the mill owners and criminals who have spilt the blood of workers and the officials who are defending them, this issue will be raised among workers throughout the country and workers from different parts of India will go to Gorakhpur to start a militant protest.

There will be a massive protest against this attack on 5 May, Thursday at the Uttar Pradesh Bhavan at 11 AM.

— for, Convening Committee

Workers’ Charter Movement – 2011

For further information, please contact:

Abhinav, Ph: 9999379381, Email: aandolan2011@gmail.com

Satyam, Ph: 9910462009, Email: satyamvarma@gmail.com

For an English translation of the Workers’ Charter and more info, please visit: http://www.workerscharter.in

Following are some links of the news from independent sources:

http://www.anhourago.in/show.aspx?l=8472260&d=502

http://headlinesindia.mapsofindia.com/state-news/uttar-pradesh/factory-guards-fire-at-protesting-workers-injure-eight-81894.html

http://www.inewsone.com/2011/05/03/factory-guards-fire-at-protesting-workers-injure-eight/47887

http://news.webindia123.com/news/articles/Business/20110503/1742240.html

http://www.boloji.com/index.cfm?md=Content&sd=NewsDetails&NewsID=20969

http://www.newkerala.com/news/world/fullnews-201407.html

May Day: Workers’ Charter Movement 2011

Thousands of Workers Converge on Jantar-Mantar to Present Their Charter of Demands, 3 Year Long Program of Struggle Launched

New Delhi, 2 May. Thousands of workers coming from Uttar Pradesh, Punjab, Haryana, Delhi, Noida, Ghaziabad and Chhattisgarh have warned the central government that if the demands of the 80 crore toiling masses are not urgently paid attention to, the increasing dissent among the workers could take a rebellious turn.

While announcing the launch of country-wide ‘Workers’ Satyagrah’ in the workers’ assembly which continued till late evening yesterday on the occasion of the 125th anniversary of the May Day, it was stated that if the government does not take action on the 26-point charter, the toiling masses from every nook and corner of the country will be mobilized by holding worker Panchayats in all the industrial regions, workers’ settlements and villages and after 3 years, lacs of workers will lay siege to the national capital.

The main demands of the charter which was presented to the government include: enforcing an 8 hours working day, stop forced overtime, increase minimum wage to Rs. 11,000 per month, abolish contract system, make proper safety arrangements in factories and payment of proper compensation in case of accidents, ensure equal rights to women workers, safeguard interests of migrant workers, registration of all domestic and independent daily wage workers and construction workers, put an end to the corruption in the labour departments and effective implementation and review of labour laws. It was announced in the meeting that it was a beginning of a long drawn battle for the political and economic rights of the workers.

The speakers expressed their anguish about the fact that in the ongoing movement against corruption there is no mention of the corruption which victimizes crores of workers every day. Without targeting the tactics of the industrialists to deprive millions of workers of their rights by openly flouting the labour laws, the movement against corruption cannot be meaningful.

While discussing the changes which have been brought about in the forms of the industries and the exploitation machinery and the disintegration of labour movement, the speakers said that in the ‘Workers’ Charter Movement’ the workers are being united under a combined banner.

Tapish from Textiles Workers’ Union, Gorakhpur; Rajvinder and Lakhvinder from the Karkhana Mazdoor Union, Ludhiana; Abhinav from Bigul Mazdoor Dasta, Delhi; Ashish from Karawal Nagar Mazdoor Union, Delhi; Ganesh Ram Chaoudhary, President, Chhattishgarh Mines Workers Union; Shekh Ansar, Vice President, Chhattisgarh Mukti Morcha; Kavita from Stree Mazdoor Sangathan, Delhi; Pramod Kumar from Bigul Mazdoor Dasta; Gorakhpur; Roopesh, labor organizer from north-west Delhi and a number of workers from different regions put forward their view point. The meeting was compered by Satyam of workers paper Mazdoor Bigul. Folk singer Faguram Yadav from Chattisgarsh elevated the spirit of the demonstrators through his spirited songs.

Around 8 thousand labourers coming from the distant corners of the country consisted largely of unorganized workers of small and large factories. Women workers also came in large numbers from Delhi and outside. Processions of workers coming from outside started pouring in Jantar Mantar from railway stations and bus stands right from the morning, holding red flags and placards and even after the meeting ended workers were discussing forthcoming program in small gatherings on the Jantar Mantar road till late in the evening and the process of the workers leaving the meeting place continued till 9 pm.

For, Convening Committee,

Workers’ Charter Movement 2011

Abhinav, Phone, 9999379381 Email: aandolan2011@gmail.com

Satyam, Phone: 9910462009, Email: satyamvarma@gmail.com

For English Translation of the 26-point charter and other information, visit:

http://www.workerscharter.in

More exclusions from the FRA

Rahul Choudhary

One of the most significant aspects of any right-giving legislation is the institution of layers of filters by which newer forms of segmentation and identities among “citizens” are created – a whole series of the included and excluded is generated every time a new law is legislated. If statutory laws are insufficient in this regard, judicial pronouncements fix the filtering machinery.

Persons having shops inside the Tiger reserve were not considered as “Forest Dwelling Scheduled Tribes” or “Other Traditional Forest Dwellers” by the High Court of Allahabad (1) and the same has been confirmed by the Supreme Court (2). A petition was filed in Allahabad High Court challenging the order of eviction passed by the Deputy Director, Dudhwa Tiger Reserve and the order passed by the Chief Conservator of Forest, Dudhwa Tiger Reserve.

A notice was sent to the shop owners on 11th July 2010 for eviction from the forest area. The shop owners claimed protection of the Forest Rights Act, 2006 (3). As per their contention, it recognizes the rights and occupation on forest land, of the Forest dwelling scheduled tribes and other traditional forest dwellers. Under this Act a complete procedure to deal with the matter has been provided, therefore, they are liable to be governed only under the procedure prescribed therein. They claimed eviction process initiated by the Forest Department is under Forest Act, 1927 and therefore is illegal.

The stand of the Forest Department before the High Court was that the persons who have come to court are shop owners and doing business. They neither belong to any Scheduled tribe nor they are traditional forest dwellers, whereas the Forest Rights Act gives protection to Scheduled Tribe and traditional forest dwellers who depend on forest for their livelihood.

The Forest Rights Act defines ‘forest dwelling scheduled tribes’ and ‘other traditional forest dweller’ as:

(c) “forest dwelling Scheduled Tribes” means the members or community of the Scheduled Tribes who primarily reside in and who depend on the forests or forest lands for bona fide livelihood needs and includes the Scheduled Tribe pastoralist communities;

(o) “other traditional forest dweller” means any member or community who has for at least three generations prior to the 13th day of December, 2005 primarily resided in and who depend on the forest or forests land for bona fide livelihood needs.

The High Court came to conclusion in its order and judgment dated 22.02.2011 that the Forest Rights Act only provides protection to the Forest Dwelling Scheduled Tribes and Other Traditional Forest Dwellers, and the shop owners are not covered under the Forest Rights Act.

The shop owners challenged the order before the Supreme Court, and the Supreme Court agreeing with the findings of the High Court dismissed their petition. The Supreme Court was of the pinion that the person claiming protection under Forest Rights Act as ‘other traditional forest dweller’ has to satisfy both the requirement – of residing in and being dependent on forest. But in this case they were not residing inside the forest nor were dependent on it.

Notes:

(1) Ishwer Chandra Gupta Vs. State of U.p Writ Petition No. 6887 of 2010 and other six petitions
(2) SLP (C) No. 9837-9838 of 2011
(3) Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

Madras: May Day, 1923

May Day was first observed in India in 1923 in the city of Madras. It was organised by M. Singaravelu Chettiyar (“the first communist in South India”). Chettiyar later presided over the first Congress of the Communist Party of India (CPI) in 1925. It was thus reported in Vanguard (edited by MN Roy):

The First of May was celebrated for the first time in India as a proletarian holiday, when in response to the call of M. Singaravelu Chettiyar, veteran Indian socialist, two mass meetings were held in the open air in the city of Madras, where the grievances of the workers formed the theme of the addresses and the establishment of a workers’ and peasants’ party was announced in accordance of the manifesto previously published in the Tamil language. The audience was composed of workers and peasants and speeches were made in the vernacular so that everything was understood by them. The significance of May Day was explained, and the formation of a political party of the working class for the attainment of “labour swaraj” was urged. Comrade Singaravelu who presided over one of the meetings welcomed the advent of the first of May as a proletarian holiday in India and explained the growth of the class struggle in India as in other countries of the world. The aim of the workers of India should be labour swaraj, he declared. So long as the state was on the side of the capitalist and safeguarded the vested interests, labour organisations could accomplish little to change the lot of the expropriated working class. The relation of Indian labour to the international proletarian movement was also made clear, and the necessity of organising a working class party to head the struggle for economic and political power emphasised. It was declared that the new party would work within the Congress. Resolutions were passed declaring for celebration of May First as an annual working-class holiday in concert with international labour: demanding economic relief for the Indian working class; urging a united front with the workers of the world to secure labour swaraj; recommending opposition to government institutions and declaring for working inside the Congress as a separate working-class party. The meetings were largely attended and the demonstration passed off successfully. Telegrams to the press of other provinces were sent by the Labour and Kisan Party urging similar celebration of May Day throughout India.

A Report from ground zero: Preliminary report of the DSU fact-finding visit to Narayanpatna

Democratic Students’ Union (DSU)

A team of students from DU, JNU and IGNOU belonging to the Democratic Students’ Union (DSU) visited Narayanpatna Block in the Koraput district of Odisha from 11 April to 16 April 2011. The objective of the visit was to study the ground situation at present in the region where a militant mass struggle is going on for the last few years, and according to the media reports, has faced extreme forms of state repression. The aim was also to study the socio-economic aspects of the social life of Narayanpatna region, and to look into the factors that have contributed to the emergence of this important peasant struggle in contemporary South Asia.

Narayanpatna is inhabited by sixteen tribal communities including Kui, Parija, Jorka, Matia, Doria and others, of whom the Kuis are numerically predominant. The adivasis, who constitute more than 90 percent of around 45,000 people of Narayanpatna block, are interspersed with Dalit communities such as Mali, Dombo, Forga, Paiko, Rilli, etc. Dominant castes such as the Sundis and Brahmins are numerically small but are powerful and influential. Though the incursion of non-adivasis has a long history going back to the establishment of the Narayanpatna Raj centuries back, the Sundis have entered the district after they were driven away from Coastal Andhra during the Srikakulam armed struggle in the 1960s. The Sundis as well as a small section of Dalits from the Dombo and Rilli castes too have made money by exploiting the adivasis and selling them liquor. The non-adivasis are around 5000 in number, and the ruling elite of Narayanpatna belong to this group. It was also clear to us that the identities such as that of landlord, liquor trader, money-lender and politician are not separate or mutually exclusive, but usually coexist in the members of the dominant classes of the region.

Over the last few years, the poor and landless peasants of Narayanpatna, Bandhugaon, Simliguda, etc. have organised themselves under the banner of Chasi Mulia Adivasi Sangha (CMAS), and fought back their tormentors the Sundi-Sahukar-Sarkar nexus. Even though CMAS was working in the region for more than fifteen years, it was only in the last three to four years that its anti-liquor movement took a decisive turn. It reached a flashpoint in January 2009 when the rural masses of Narayanpatna not only drove away the liquor traders from their villages, but mobilized themselves in thousands to pursue them to their stronghold, the towns. Four thousand people went to Narayanpatna town and destroyed liquor factories and wine shops, including shops selling foreign liquor. By late 2010, only two liquor shops were running in the entire region, and that too in the block headquarters of Narayanpatna and Bandhugaon where state’s armed forces are stationed. In January 2011 more than 3000 CMAS members destroyed the shop in Bandhugaon town as well. In villages like Baliaput, Mahua trees from which cheap liquor was produced were destroyed under a political programme of CMAS and BAMS (Biplabi Adivasi Mahila Sangha), and today not a single Mahua tree is to be seen in Narayanpatna’s villages. The prohibition in the sale and consumption of liquor was almost total by 2009. The mass upsurge led to the fleeing of landlords and liquor traders from the region, leading to the collapse of this parasitic trade. The villagers narrated how Jairam Pangi, the incumbent BJD MP from Koraput, tried to dissuade the people from the anti-liquor agitation by claiming that it was a part of adivasi culture, custom and worship, to which the people retorted that the very instrument which destroyed their lives cannot be a part of their devotion and sacrifice that is conducted for their common wellbeing.

The success in the anti-liquor movement encouraged the masses to intensify the land struggle. The CMAS led the reclamation of agricultural land from the landlords and sahukars which were tricked out of the adivasis. Within months, we are told, more than 3000 acres of such land were recaptured and distributed among the villages. As a reaction to the growing tide of mass struggle, ‘Shanti Committee’ was formed by the landlords and liquor traders with the active support of the state administration on 4 May 2009. After the successful culmination of the anti-liquor struggle and the intensification of the land struggle by 2009, and particularly after the NALCO raid by the Maoists in April that year, the state repression on the people and their movement was also scaled up. One such incident of state repression was the murder of Wadeka Singana and Nachika Andru at Narayanpatna police station on 20 November 2009, followed by wanton attacks, raids and combing operation in the region, establishing a reign of state terror. Entire village populations are often forced to take shelter in the forests and hills as fugitives. The government has now virtually imposed a seize of Narayanpatna by deploying more than 5000 paramilitary troops including BSF, IRB, CRPF, and hundreds of Special Operations Group commandos, Odisha police personnel and Shanti Committee vigilante forces and closing off all the important entry and exit points to and from Narayanpatna. Rather than addressing the demands of the people, it is mobilising more and more troops to crush the movement.

In the six days of our visit from 11 to 16 April 2011, we interacted with the residents of above twenty villages spread out in the adjacent blocks of Narayanpatna, Bandhugaon, Simliguda, Lakhmipur and Potangi, and visited about twelve of them. Our first stop was Dimtiguda village in the Alamanda panchayat of Bandhugaon block. We passed through the village Jangri Walsa in Kabribari panchayat, where we met the family of Kondahara Kasi who was arrested in 2010 for allegedly being a Maoist. The plea of his wife to meet him in prison has been repeatedly turned down. 14 persons associated with CMAS are presently in jail from this village alone. The next village we visited was Silpalmanda where we were told that Ratnal Madhava was arrested in March 2011 by the Bandhugaon police and a false kidnap case was slapped on him. Village Karaka Itiki under Borgi panchayat was the first village we visited in Narayanpatna, where we heard stories of atrocities committed in the region by landlords, liquor traders, the police and now the Shanti Committee. There we came to know from the villagers that eight out of the thirty houses in Masarimunda village were burnt down by the CRPF in January 2011 after an encounter with the Maoists in the vicinity of the locality. Just a month before this, CRPF personnel destroyed houses in Goloknima village as well after another battle with the Maoists, and looted Rs.8000 from the villagers.

The team could also talk to villagers from Jangri Walsa village. Madan Merika, Poala Malati, Polla Bhima and Seena Mandangi described the attacks from ‘Shanti Committee’ and Bandhugaon CMAS under the leadership of Kedruka Arjun of CPI ML (Kanu Sanyal) party in 2009. They attacked their village in thousands wearing police uniforms and with firearms on the suspicion that the villagers have started to align themselves with the CMAS Narayanpatna Area Committee under its president Nachika Linga. Nariga Poala, Aashu Pirika, Bhima Kedraka, Kasi Kondagari, Muga Poala, Penta Kondagari, Acchanna Poala and Enkanna Poala of this village, many of whom are teenagers, were arrested by the police later that year for allegedly being Maoists, and kept in prison for almost 1½ years, and only recently were they released on bail. K. Suhabsh and K Raman of Keshbhadra village of Bandhugaon block testified to the atrocities committed by the police, the Shanti Committee as well as by the CPIML (Kanu Sanyal) led by Arjun.

In Upar Itiki village we were told that the people have collectively undertaken developmental works under the leadership of CMAS, and rejected the government schemes. Though the pace of the land struggle has been reduced of late due to the intense state repression, the villagers have continued to undertake developmental works with their own initiative. They have completed 7 big irrigation projects in the last two years, and three are under construction as one we witnessed at Boriput village. The Block Development Officer (BDO) tried to distribute money to the villagers for these works, but was refused by the people. In February and March this year the CMAS gave a call to stop all governmental projects in Narayanpatna in protest against the continued atrocities by the state’s forces including arrests, torture, forcible detention, etc. and demanding a halt to Operation Green Hunt and withdrawal of armed forces. As a result of the call, all projects such as NREGA, PDS, Indira Avash Yojana came to a halt in the entire region for two months. The influence of NGOs, which was rampant till the CMAS movement became popular, has also considerably waned, with very little presence now in Narayanpatna block.

The land reclaimed by the CMAS in Manjariguda village under Borgi panchayat was shown to us, where the villagers have collectively cultivated 14 acres of irrigated land. We are told that in this village individual plots have not been distributed to the landless peasants so far, but will be done in the near future. Subbarao Somu, Sitala and Kanta from Langalbera village who belong to the Dombo Dalit caste, testified that poor people from both adivasi and dalit communities have benefitted from the peoples’ struggle against liquor and for land. He said that dalits inhabit two of the nine panchayats of Narayanpatna – Borgi and Langalbera panchayats. They said that there was no truth in the misinformation campaign that the struggle has harmed the dalits, and that there has been an exodus of dalits from villages in the wake of the movement. Somu said that around 50 families from only two villages of Gumandi and Podaradar have fled after the land struggle started. He said that most of them were involved in the liquor trade and were working against the interests of the adivasis. Dinabandhu and Simadri from Borgi village informed that the six landless Dalit families in their village have received 3 acres of land in March 2011 from CMAS, and have irrigated the land by putting community labour. Simadri said, “Those among Dalits who have garnered wealth and become politicians tried to instigate a contradiction between adivasis and dalits, but the poor have no contradiction. The poor dalits of entire Narayanpatna supports CMAS are in the struggle.” Gumpa Vidika, a dalit worker who is presently the spokesperson of CMAS and is hiding from the state in fear of arrest, also talked of the class unity between the adivasis and dalits forged by this struggle in spite of the repeated attempts to pit one against the other.

We were informed that 171 villagers connected to the CMAS have been arrested so far, out of the 637 adivasi political prisoners jailed in entire Orissa. We heard narrations of recent attacks by the paramilitary and police forces deployed in the region on the villages. The police entered Dakapara village on the night of 4 April 2011and beat up villagers including Sirka Sika and Sirka Rupaya whom we spoke to. They looted Rs.5000 and Rs.2500 respectively from the two villagers. On a previous occasion, the government’s forces attacked Sirka Bina’s house on 1 January 2011, detained him and forcibly took him to the police camp, tortured for many hours and released him the next day. His wife’s gold ornaments were also taken away by them. The team members interviewed Sonai Hikoka of Dumsili village whose husband Sitanna Hakoka was taken away by policemen from Lakhimpur police station in November 2010 along with two others. While Kaila Taring and Sodanna Himbreka, the other two villagers have been released by police, there is no trace of Sitanna as yet. The police denied that they arrested him. She filed a Habeas Corpus application in the Odisha High Court, but her plea has been rejected recently by the court reposing full trust on the police’s affidavit. Sonai says that her crops, grain, and cattle were looted by the goons of Shanti Committee when she went out to attend the court hearings. We visited Baliaput village where we saw the dilapidated houses of Nachika Linga and Nachika Andru which were burnt and destroyed by Shanti Committee goons. We met Nachika Taman who spent more than a year in jail for allegedly being a Maoist, and were released in bail just a week ago, while Nachika Sanjeeva of his village is still languishing in Koraput jail. In addition, two of the undertrials were killed by the police through third-degree torture, and later it claimed that they have committed suicide! Other prisoners are being subjected to regular beating and harassment, and many have sustained grievous injuries at the hands of the police and paramilitary forces. And these are only a few instances which were brought to us by the villagers of the region during our six days’ of interaction.

The team interviewed Nachika Linga, the president of CMAS Narayanpatna Area Committee, and the ‘most wanted’ person for the police at present. He informed us that the movement has moved beyond the narrow limits of fighting for economic demands, and have held the present political system to be responsible for the marginalization of adivasis and the poor peasantry. We were told that the election boycott call given by the Sangha during the assembly elections in 2009 was highly successful in Narayanpatna, with very few votes being cast. He also informed us that CMAS has been able to form its organisation in every village of Narayanpatna block, and is spreading its base to the adjoining blocks as well. Linga told that in spite of severe repression, the people have been able to defend the gains of the movement by resolutely depending on their collective strength, by fortifying self-defence mechanism through the formation of Ghenua Bahini, the mass militia of CMAS, and by educating the people in political struggle. We also talked to the president and secretary of BAMS, who told us about the overwhelming response of the women of the region to the anti-liquor struggle waged by CMAS, which enthused them to form a separate women’s organisation. BAMS have fought against the patriarchal relations and customs within the adivasis such as the two-wives system, and have achieved considerable success in their endeavor.

The presence and role of the Maoists in Narayanpatna have also come under discussion in the media in the past, and this was one of the aspects we wished to investigate. From our interaction with the political activists of the region, we learnt that the Maoist movement started in Koraput from 2003, and soon garnered support from the poor peasantry of the district. We are told that the movement has grown to the extent of giving shape to embryonic forms of peoples’ power to take place of the exploitative state power by forming Revolutionary Peoples’ Committees (RPCs) covering two panchayat areas of Narayanpatna block. The RPCs are presently concentrating their energies in three heads: self-defence, agricultural development, and health & education. The Maoist party seemed to have roots among the working masses, and have so far been successful in withstanding the armed assault of the state. The state, alarmed by the spread of the movement, has sought to use brute force, and thereby further isolating itself from the people.

The Narayanpatna struggle, we came to realise, is one of the most important but least known movements of our times, and the corporate media as well as the statist academia has played their roles in presenting it in a distorted form. We appeal to the media, academics and the people at large to visit Narayanpatna and expose the crimes committed by the Indian state on its people, fighting for their inalienable right to land, livelihood and dignity. The fact-finding team wishes to bring out its experiences in Narayanpatna in a detailed report in the coming days, so as to act as a corrective to such media misinformation, to give voice to the peoples’ concerns and bring out the reality which the Indian state so desparately wishes to hide.

The DSU Fact-finding team reiterates its solidarity with the peoples’ movement of Narayanpatna, and makes the following demands to the Indian government:

1. All the 171 prisoners associated with the Narayanpatna struggle must be released unconditionally and immediately. The state must ensure that the illegal arrests, torture and killings of people in custody must be stopped in Narayanpatna.
2. Cases against the office-bearers, activists, members and sympathizers of CMAS, BAMS and other mass organisations must be withdrawn, and these organisations must be allowed to work freely without fear of attack or persecution. The ‘Most Wanted’ warrant on Nachika Linga by the police must be withdrawn, and he be allowed to perform his duties as the president of CMAS freely, without any fear of intimidation and arrest.
3. The personnel of the state’s armed forces who are responsible for the loss of lives and property of the people of Narayanpatna must be punished, and the people who suffered their atrocities must be compensated by the government.
4. The paramilitary and police camps in Narayanpatna must be withdrawn immediately.
5. The vigilante organisation called Shanti Committee must be disbanded, and their members be punished for their crimes.
6. The land reclaimed by the adivasi people of Narayanpatna under the leadership of CMAS must be recognized by the government.
7. The rights of the adivasis over their land, water, and forests and minerals must be ensured, and they must be provided with the basic necessities such as healthcare, education, drinking water, etc.
8. Journalists, intellectuals, academics, activists and all those who are interested to visit Narayanpatna and interact with the people must not be prevented from doing so by the government, and it must ensure their free movement to and from any part of Narayanpatna and Koraput.

Members of the DSU Fact-finding Team:

Kuldeep, DU,
Kundan, IGNOU,
Manabhanjan, JNU
Ritupan, JNU
Sourabh, DU

Unrest becomes rage: Mobilizations against the crisis in Italy

Wildcat

Like many other countries in Europe and elsewhere (consider the recent confrontations in North Africa), Italy has for several months been the scene of social struggles qualitatively and quantitatively unlike any seen for some time.

Already two years ago the ‘Onda Anomala’ (‘anomalous wave’) student movement involved thousands of university students against the latest case of disinvestment in the public university (the notorious funding cuts in the summer budget plan). This was combined with wider mobilization in the world of education, in which middle-school students and primary and secondary school teachers opposed the school reform of education minister Mariastella Gelmini.

Yet this failed to intersect with wider social discontent (even the ‘legalist’ left opposition to the government, embodied in the daily La Repubblica, only followed the first stages of the movement), remaining substantially isolated until it waned inexorably with the regular post-autumn decline, winning little or nothing.

With the worsening of the economic crisis, however, 2010 has seen a succession of more or less silent struggles within or for jobs and for environmental protection (l’Aquila, Terzigno1), along with various outbreaks of anti-government discontent. An important moment was the brave attempt by workers at the Pomigliano (Naples) Fiat plant to resist the blackmail of CEO Sergio Marchionne, who used the threat of moving production to Poland to restrict union rights tightly and impose even harsher working conditions. Left isolated by the other confederated unions (FIM-CISL, UILM-UIL), the FIOM (mechanical engineering section of the CGIL) and the grassroots unions won wide support and agreement in the region.

At the same time a crisis developed within the country’s governing coalition, with the final break between parliamentary speaker Gianfranco Fini and prime minister Berlusconi. As sections of the bourgeoisie in Italy (primarily large industrial capital) and elsewhere (as in the repeated attacks of the Economist) gradually abandoned their support for the prime minister, the continual scandals around his private life and the personal use of public money and structures inexorably undermined his support.

In the midst of all this the agitation around the university resumed. Contestation of an imminent reform of tertiary education started with the protest of researchers penalised in economic and contractual terms; once classes began many university students were drawn into action against a law providing for a further authoritarian shift in university management structure (including, for the first time, the possibility of direct management by appointees from the economic or political rather than the academic world) and a nebulous restructuring of the ‘right to study’, which, accompanied by reduction of the dedicated resources, effectively amounted to its abolition.

When the FIOM called a day of protest for October 16, these various perspectives found their common ground and moment of convergence. A broad spectrum of subjects not always linked to the working class condition (students, knowledge workers, movements for public ownership of water, citizen associations for legality, ‘Popolo Viola’2 etc.) came together around the engineering union in a day of high participation.

This date, one day after a national assembly at Rome’s La Sapienza university, marked the first step towards an attempt at political recomposition which was perhaps less effective than promised. From that day onwards a series of assemblies, conventions, episodes of joint protest, etc represented the difficult, contradictory, often only symbolic attempt to build a process common of struggle between the fragmented world of work and a world of education which maintained a constant state of agitation in the battle against minister Gemini’s restructuring, albeit almost exclusively in the political practice of university students.

Meanwhile, in a climate of more or less manifest political upheaval, the internal crisis in the governing coalition continued, with the government forced to schedule a new confidence vote for December 14. The social movements took the opportunity to manifest their vote of no confidence, which had no need to pass through parliamentary balancing acts, but was built from below: they called a day of street protest for the same date.

‘Inside the palazzo’ that day the buying and selling3 of MPs narrowly guaranteed the survival of the Berlusconi government, while in the street young students, workers and the unemployed wrought havoc in the city. The street actions had the broad support of the students, who had withdrawn from the game of reformist politicians who sought to distinguish ‘good’ students from ‘bad’ ones. For all its contradictions and its largely incidental nature, this was a moment of meeting and consolidation between diverse subjects in the same practice of conflict.

Partial confirmation of this came shortly afterwards when Fiat CEO Marchionne turned his blackmail on the workers of the company’s Turin Mirafiori plant (Italy’s largest industrial complex), once again threatening closure unless a new agreement was accepted including the substantial elimination of significant union rights along with harsher working conditions. Although the other confederated unions sided with management again, FIOM and the grassroots unions were not alone in their contestation. Despite a narrow defeat in the plant ‘referendum’, which nonetheless showed workers’ determination not to give in to the blackmail4, many demonstrations of support and solidarity came from a large part of the student movement – which immediately joined in the January 28 strike – and beyond.

In relation to capital, the FIOM, the union of Italian mechanical engineering workers, has been and is a counterpower and a co-manager according to varying circumstances. Its base is classically working-class, although with a new composition today, incorporating young people, migrants and women. In contrast to other European countries, new forms of worker organization are not emerging alongside historic unions. Rather, over the last few months an alliance has developed under the slogan ‘United against the crisis’ between FIOM and other grassroots subjects (certain social centres associated with the so-called disobbedienti). Currently there is an attempt to hold together the most typically welfare-oriented demands (basic income) with the historic demands of the unions (working conditions). Significantly, the January 28 marches opened with the slogan: ‘labour is a common good’.

Struggles in the worlds of work and education continue to intersect, fluctuating between, on one hand, genuine moments of confrontation and conflict undertaken collectively and, on the other, tactical alliances, manoeuvres around institutional margins and more or less symbolic encounters.

The roots of the trouble

In the last two decades the Italian economy has seen the withdrawal of big business (which now seems to be reaching its final stage with the fate of Fiat), privatization transforming public goods into easy income for rent-seekers, the crisis of industrial districts and perpetual industrial dwarfism. At the same time it has seen the emergence of thriving small and medium businesses, the so-called pocket multinationals. What has been called Italy’s ‘fourth capitalism’ has therefore combined a labour market dominated by deregulation, fragmentation across large and small companies and ever more accelerated precarization with the capacity to become Europe’s second-largest manufacturing exporter, including significant niches and sectors. Thus Italy is a link between the high-technical composition production of the north, where high-end consumer goods are produced, and the high-exploitation production of eastern Europe and Asia, where conditions of low-cost, long-duration, high-intensity labour are accompanied – in contrast to the old underdevelopment – by the ability to enter non-mature sectors and relatively advanced production.

Entire sectors of Italian technological research, such as chemicals and electronics, have been broken up, even as economic miracle of the northeast is praised: a low-investment economy which has compensated for a low technological level and almost non-existent research with long working hours stretching through Saturday and Sunday, the atomization of the production process and the elimination of unions. Where investment and technology remain, the subordination of labour is maintained and aggravated, thanks in part to the network structure of the new capitalism, which has overcome the dichotomy between large companies (where unified working conditions and contracts applied under a single roof) and small ones. This centralization without concentration of capitals was certainly made possible by innovations in transport and communications, electronics and information, but it was above all the response to a high level of conflict which still leads the capitalist class to fear large concentrations of workers.

The individualization of labour contracts and dismemberment of collective labour have reached paroxysmal levels, sometimes counterproductive for the work itself. But in this situation the youth have found their own sea to swim in, refusing as far as possible to stay trapped for life in monotonous, repetitive or low-waged work. The youth live on benefits, parents’ savings and often in their parents’ houses, with restricted consumption and informal work. Almost a third of young Italians are unemployed, but among them are many fleeing a fate of precariousness and lowered expectations. What sociologists call a ‘mismatch’ in the labour market, i.e. the presence of the unemployed and of available jobs, is increasing. Young people with high educational credentials do not find corresponding jobs. These young people, together with those who are still in education and already recognize their miserable future prospects, form the hard core of the protest.

The recovery of a collective dimension

The struggles of the last year appeared against this background of economic and social dislocation, with the institutional and political crisis of the Berlusconi government superimposed. If in recent years precarization as a psychological and ideological means of governing labour power has pitted everyone against everyone else, these struggles seem slowly to be picking up the red thread of the collective dimension. If fear and resignation continue to prevail among many workers and students, many others sucked into the crisis respond, as we have seen, with practices of openness towards other social and working subjects.

In Rome as in Athens with the attempted assault on parliament and in London with the successful assault on the Tory headquarters, this has culminated in a tough response to the violent self-referentiality of a political class which has cut off every relation to so-called ‘civil society’. If the demonstrators have been violent, this has been in order to end the violence of European governments. This latter violence, manifest today in states-of-exception-become-the-norm and continuous emergency government, cannot be contained within the limits of the legal state [Stato di diritto]5, because it constitutes and expresses the nature of the state itself. Just as the police baton charges express the ‘democratic’ nature of the maintenance of public order in the name of the people. The undisguised violence of the state today is not the result of a ‘deficit of democracy’, to be corrected by a bit of democratic participation and ‘civil society’; it is the outcome of a process begun symbolically in 1987 with Margaret Thatcher’s words: there is no such thing as society. There are individual men and women, and there are families.

That phrase was not a beginning but already an epilogue to a series of struggles and conflicts. It initiated a new round of attack on every remaining echo of the ‘common’ and ‘collective’: rights, work contracts, health, services, housing. These rights and collective contracts did not grow through some natural maturing of legal civilization: they were won by the struggles of the labour movement, which defended them as far as it could. These collective rights are an anomaly in the normal course of the modern state, which whenever it is necessary or useful to do so redefines the relation between power on one hand and the mass of individuals on the other, hollowing from the root or abolishing the supposed guarantees or presumed rights regarded as the ‘normality’ of the legal state by politicians and unions of the ‘left’, whether moderate or radical. It is not a question of putting the state machinery back on the rails of juridical normality, but of restoring the anomaly.

The deception of the ’80s and ’90s is not a matter of a political class that failed to care for its children, but of the neutralization of politics through legal rights. The so-called left wanted to democratize the state through creation of new rights to be conceded to individuals and disadvantaged minorities. As this logic gradually acquired legitimacy even among the representatives of the labour movement, collective rights were undermined and the right of the working class to exercise violence in their defence was eroded. This perspective was generalized, at least until a few months ago.

The current mobilizations have cut across this perspective, revealing the deception of political representation and bearing witness to a conflict between struggle for rights and for common goods.

Capitalism, which develops the conditions of struggle for democracy, erodes them at the same time. Capital is fundamentally incompatible with democracy: rather, its nature is totalitarian in a strict sense. Democracy comes to it from ‘outside’, from that radical alterity which it must nonetheless always ‘incorporate’: that is, from ‘living labour’, from its dependence on the struggles of workers in flesh and bone, mind and body. Rights are either founded on a power that passes through places of work, or sooner or later they simply become an empty simulacrum. But this requires the construction of a different politics and practice of democracy: of another kind of democracy. One that moves with uncertain steps, prefigurations and anticipations every day, in concrete and material struggles.

In search of a common ground

But for as long as the unifying category for the various subjects involved in this political practice is identified in the common condition of ‘precarity’ – a descriptive and psychological category which cannot give a name to the rage expressed in the episodes of collective revolt – any prospect of real collectivity [comunanza] remains substantially vulnerable.

For as long as the student revolt remains the expression of the rage of a young generation that fears being left with ‘no future’, feels ‘predestined to live marginal or precarious lives’ and comes onto the streets to ‘force the older generation to accept responsibility’, this rage, as undefined as the expression ‘precariat’ (which follows the Italian fashion for turning adjectives in to nouns), remains the rage of someone betrayed, directed against another who should have protected him or her and failed to do so. It closely resembles adolescent rage against social maternalism, which first almost drowned its children in the warm honeyed milk of a social existence totally organized and protected by benevolent institutions and friendly parents, then betrayed the expectations of the same young people who claimed as an individual right a guaranteed job matching educational qualifications. For as long as the talk is still of ‘young people’ and ‘students’ and the latter continue to represent themselves this way, they can demand a ‘basic income’, which is no more than the perpetuation of pocket money from mom and dad, but the scenario has not changed by a millimetre from Thatcher’s: there are individual men and women, and there are families.

When, as is particularly clear in the claims of the engineering and natural sciences students, this rage seems exclusively directed against a political class guilty of failing to grasp the syllogism that research investment leads to innovation and innovation to competitiveness against ‘first division’ countries – in short, against a political class guilty of managing a ragged capitalism – it’s clear that this ground, rather than constituting the basis for a ‘recomposition’ of social movements, lends itself quickly to their ‘decomposition’, given that the burden of defending the ‘young’ and the ‘students’ from precarity could be transferred to their ‘sheltered’ elders, perhaps by cutting pensions or other parts of the welfare state, or by further squeezing workers within the productive cycle. Or by positioning Italy ‘better’ within the international division of labour, asking the public system (and the private) for more investment in research and development.

Whether a ‘living income’ is claimed based on the illusion that human beings produce value generically in their every activity (or inactivity), or whether a place in the sun is claimed only for the ‘men of science’ precious for economic growth, the political result is the same: instead of struggling for historical and social subsistence as part of a class, independently of any contribution to valorization of capital or use value determined in capitalistic terms, the claim is limited to elevation of one’s own status, improvement of the conditions of one’s own category even at the cost of exploiting someone else. (There is a distinction to be made between ‘guaranteed minimum income’ [reddito minimo garantito] and ‘basic income’ [in English in the original and in many Italian texts making this demand]. But the political question is that of overcoming the redistributive plane and connecting the wage struggle to what, how and how much is produced.)

The dynamic of capitalist development in Italy and elsewhere shows how fragile this prospect can be. The so-called ‘road to competitiveness’– invoked by those who call for more research investment and exalt an over-generic ‘knowledge economy’, counterposed to ‘material’ labour – produces surplus value only thanks to the convergence of higher labour productivity, higher intensity of labour and a longer working day. This simultaneous extraction of relative and absolute surplus value is present everywhere, throughout the transnational chains of valorization. Thus the combination recurs in various geographical areas (the western metropoli, eastern and southern Europe, etc) and in various sectors of production (units of ‘low’ and ‘high’-technology capital). As the case of Marchionne demonstrates, in supposedly high-relative surplus value production the violence with which capital imposes its autocracy in the factory is increasing vertiginously, showing ever more complete indifference to the physical and mental health of workers.

The reforms of the education cycle over the last 15 years – of which the ‘Gelmini reform’ is only the latest episode in a largely continuous series – are not just a mistake of foolish political bureaucrats, but an attempt to synchronize the education mechanism with the capitalist rationalization of knowledge. The reduction of knowledge to packets of information does not require large-scale investment, because these packets are socially available thanks to cheap technology and can be taught in secondary schools and universities by teachers as ‘precarious’ as the information they transmit. These packets are commodities like any other, they can be bought and sold on the market and their production in research laboratories offshored.

However education as a system of production has another function, that of producing workers. This production is as essential as that of commodities. For one part of ‘post-fordist’ production the workers produced by the education cycle need not have particular qualities, but they must learn a particular attitude, that of ‘learning to learn’, designated by the EU as a key skill. They must ‘learn’ the packets of ‘disposable’ information administered through the education process, thereby ‘learning’ that education now functions as ‘operating instructions’ for a new procedure that will quickly become obsolete, at which point new operating instructions will be required in the course of ‘continuous education’.

Meanwhile the other aspect of production really does entail a higher level of labour participation and qualification, requiring workers’ active engagement more than ever before, given the construction of apparently idiosyncratic and non-massified use values, the flexibility of a labour cycle subject to countless alterations and shocks, and the transfer of value from means of production at risk of ever-faster obsolescence. But the partial requalification of labour and the limited autonomy of men and women in production constitute an intolerable risk. Therefore they must be controlled, no longer directly or through an overly linear dequalification, but through the appearance of market domination over production (the stock market that sets the pace for valorization of capital, the spurious restrictions of foreign trade or public finances, but also the ‘make or buy’ system, decentralization, outsourcing, in-house-outsourcing). Through the pursuit of ‘education credits’, workers learn from their student experience onwards not only to regard the content of study with the utmost indifference, but to respect and adjust to the time-imperatives and the logic of the market. Confusedly present withinthe student struggles, therefore, are both the awareness that not everyone can reach this level of education – although it is supposedly open to all – and the disappointment or rage of unmet expectations.

The process of capitalist rationalization of knowledge has changed not only educational institutions but also the nature of knowledge itself. On one hand it is broken down into packets coded according to objective mechanical function, and on the other it must provide qualifications and specializations exceeding their given sense and context. The ‘how’ must be taught without the questions of ‘why’ and ‘for whom’ ever arising. The alternative is no longer between public and private schooling; the question is not even that of common appropriation of this intrinsically capitalistic and informationalized knowledge: these are dreams, yearnings of those educated in the school of Gentile and of young people in search of easy slogans.

Thus education, knowledge and labour must be discussed starting from our own needs, in order to determine what and how much is produced and how. Whether in a factory or call centre, where knowledge incorporated into means of production serves to squeeze labour, or in the places where knowledge is produced without regard for any real quality or significance other than market value, the purpose is perpetuation of a model of development whose dedication to profit is matched by its indifference to physical, moral and environmental devastation.

Until a few years ago these ideas would have been regarded as mere ideology; their reappearance now is imposed by the objective crisis of capital and by the struggles of subjects within and against this infernal mechanism. Today the common ground can be constructed on which workers and those in university struggles, researchers and students, are able to meet, as they have already met in the struggles of recent months.

Comrades from Italy, march 2011

footnotes

[1] Terzigno: town at the foot of Vesuvius with a huge toxic waste dump and abnormally high incidence of cancers and other lethal diseases. Locals have resisted plans for a second dump with physical force.
L’Aquila (Abruzzo): survivors of the 2008 earthquake were attacked by police in July 2010 when they protested in Rome against derisory ‘reconstruction’ and ongoing homelessness. Apparently they failed to appreciate the ‘solidarity’ (Reuters) shown by the government in moving a G8 meeting to the ruined city.

[2] The Popolo Viola (purple people) movement was formed through the internet. The name emphasises non-alignment to any political party. They are against Berlusconi and deeply attached to the legal state, demandng ‘legality’ and freedom of information. Through virtual ‘social networks’ the movement brings together petit-bourgeois who think the question lies in an awakening of democratic consciousness.

[3] Palazzo: literally, not a palace but a large, usually official, building. Since its use by Pasolini in a newspaper article of 1975, the phrase ‘inside/outside the palazzo’ has taken on the wider connotation of inclusion in/exclusion from the hermetic system of official business, politics and history.

‘Buying and selling’: at least according to the ‘legalist’ opposition press, this should be understood literally rather than figuratively.

[4] In the ‘referenda’ of workers at Pomigliano and Mirafiori the percentage of votes against compliance with the Marchionne blackmail significantly exceeded combined membership of the FIOM and the grassroots unions.

[5] Stato di diritto: sometimes also translated as ‘rights state’; no exact English equivalent exists for the convergence of ‘right’ and ‘law’ in diritto. Whenever either ‘law’ or ‘rights’ [diritti] appears in this text, the other is also strongly implied.

SC on Custodial Crimes and Preventive Detention

Rahul Choudhary

Mehoob Batcha & Ors. Vs State Rep. by Supdt of Police (Criminal Appeal No 1511 of 2003) Delivered on March 29, 2011. Rekha vs. State of Tamil Nadu & Anr (Criminal Appeal No. 755 of 2011) Delivered on April 05, 2011

“all three powers are… organs of political hegemony, but in different degrees: 1. Legislature; 2, Judiciary; 3. Executive. It is to be noted how lapses in the administration of justice make an especially disastrous impression on the public: the hegemonic apparatus is more sensitive in this sector, to which arbitrary actions on the part of the police and political administration may also be referred.” (Antonio Gramsci)

It was the police’s “arbitrary actions” that came under Supreme Court Justice Markandey Katju’s scrutiny in Mehoob Batcha & Ors. Vs State Rep. by Supdt of Police (Criminal Appeal No 1511 of 2003). In this case Justice Katju strongly called for death penalty, though not even a case of murder was made out at the charge stage. The reason for not charging the perpetrators for murder is not known but the statement of one of the victims puts forth the barbaric face of the state apparatus as it is experienced at the grassroots level. In this case, the policemen were accused of killing one person in custody and gang-raping his wife in the premises of the police station. And what we are more familiar with, the policemen were not charged with murder, and instead the Trial Court treated the death of the deceased victim as suicide. Custodial deaths are happening more often across the country, some are reported and some remain unnoticed.

Previously, the Supreme Court had passed direction against custodial death, but not much seems to be happening on the ground. In 1997, the Supreme Court in D.K. Basu vs. State of Bengal [(1997)1SCC416] pronounced,

“Custodial violence, including torture and death in the lock-ups, strikes a blow at the rule of law, which demands that power of the executive should not only be derived from law but also that the same should be limited by law. Custodial violence is matter of concern. It is aggravated by the fact that it is committed by persons who are supposed to be the protectors of the citizens…”

In the Mehboob Batcha case, the actions of the policemen were more inhumane and barbaric than any other case. The recorded statement of the rape victim tells the tale that defies any interpretation other than guilty mind(s). The Supreme Court says, “the horrendous manner in which Padmini was treated by policemen was shocking and atrocious, and calls for no mercy”. In the end the court says that the copy of the order of this case be sent to Home Secretary and Director General of all States and Union Territories, who shall circulate the same to all police officers up to the level of SHO with a directive that they must follow the directions given by the Court in D.K.Basu’s case and that custodial violence shall entail harsh punishment.

D.K. Basu Vs. State of West Bengal laid out the guidelines to be followed in case of arrest:

(1) The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register.

(2) That the police officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may either be a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be countersigned by the arrestee and shall contain the time and date of arrest.

(3) A person who has been arrested or detained and is being held in custody in a police station or interrogation centre or other lock-up, shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed, as soon as practicable, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself such a friend or a relative of the arrestee.

(4) The time, place of arrest and venue of custody of an arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the Legal Aid Organisation in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest.

(5) The person arrested must be made aware of this right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained.

(6) An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclose the name of the nest friend of the person who has been informed of the arrest and the names and particulars of the police officials in whose custody the arrestee is.

(7) The arrestee should, where he so requests, be also examined at the time of his arrest and major and minor injuries, if any present on his/her body, must be recorded at that time. The “Inspection Memo” must be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee.

(8) The arrestee should be subjected to medical examination by a trained doctor every 48 hours during his detention in custody by a doctor on the panel of approved doctors appointed by Director, Health Services of the State or Union Territory concerned. Director, Health Services should prepare such a panel for all tehsils and districts as well.

(9) Copies of all the documents including the memo of arrest, referred to above, should be sent to the Illaqa Magistrate for his record.

(10) The arrestee may be permitted to meet his lawyer during interrogation, though not through the interrogation.

(11) A police control room should be provided at all district and State headquarters, where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest, within 12 hours of effecting the arrest and at the police control room it should be displayed on a conspicuous notice board

The Court also stated that failure to comply with the guidelines shall apart from rendering the official concerned liable for departmental action, also render him liable to be punished for contempt of court and the proceedings for contempt of court may be instituted in any High Court of the country, having territorial jurisdiction over the matter.

The requirements, referred above, flow from Articles 21 and 22 (1) of the Constitution and need to be strictly followed. These would apply with equal force to other governmental agencies like Directorate of Revenue Intelligence, Directorate of Enforcement, Costal Guard, central reserve Police Force, Border Security Force, Central Industrial Security Force, the State Armed Police, Intelligence Agencies like Intelligence Bureau, RAW, CBI, CID, Traffic Police, Mounted Police and ITBP.

This strict direction was passed way back in 1997. However, it seemed to have failed to work, which called for its reassertion by the SC.

Another judgement was delivered a few days later once again by Justice Katju which could be read in continuation. The issue in Rekha vs. State of Tamil Nadu & Anr was that of ‘preventive detention’. The detention order was passed under “Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, and Slum Grabbers and Video Pirates Act, 1982”. This Act popularly known Goondas Act, itself reminds of the legislations which Marx describes as “Bloody Legislation against the Expropriated”.

While Article 21 of the Constitution provides that no person shall be deprived of his life or personal liberty except according to procedure established by law, Article 22(1) and 22(2) provides protection against arrest and detention in certain cases, Article 22 (3) provides for preventive detention as an exception to Article 21 and 22(1) and 22(2).

Article 22(1) of the constitution makes it a fundamental right of a person detained to consult and be defended by a lawyer of his choice. But Article 22(3) specifically excludes the applicability of clause (1) of Article 22 to the cases of preventive detention. In the past, the Supreme Court passed various judgments against ‘preventive detention’.

In the case before the Supreme Court, the issue was the husband of the Petitioner was found selling expired drugs after tampering with the labels and printing fresh labels showing them as non –expired drugs. The ground for detention was that there is a possibility of him coming out on bail and if he comes out on bail he will indulge in further activities, which will be prejudicial to the maintenance of public health and order.

According to Justice Katju, Article 22(3) (b) of the Constitution of India which permits preventive detention is only an exception to Article 21 of the Constitution. An exception is an exception and cannot ordinarily nullify the full force of the main rule, which is the right to liberty in Article 21 of the Constitution. The Court went into details of whether the case for preventive detention was made out or not and also remarked against the very concept of preventive detention.

“…Prevention detention is, by nature, repugnant to democratic ideas and an anathema to the rule of law. No such law exists in the USA and in England (except during war time). Since, however, Article 22(3)(b) of the Constitution of India permits preventive detention, we cannot hold it illegal but we must confine the power of preventive detention within very narrow limits, otherwise we will be taking away the great right to liberty guaranteed by Article 21 of the Constitution of India which was won after long, arduous, historic struggles. It follows, therefore, that if the ordinary law of the land (Indian Penal Code and other penal statutes) can deal with a situation, recourse to a preventive detention law will be illegal…

…It must be remembered that in cases of preventive detention no offence is proved and the justification of such detention is suspicion or reasonable probability, and there is no conviction which can only be warranted by legal evidence.

Personal liberty protected under Article 21 is so sacrosanct and so high in the scale of constitutional values that it is the obligation of the detaining authority to show that the impugned detention meticulously accords with the procedure established by law…”

Delhi University: DO WE KNOW WHAT’S BEEN HAPPENING IN OUR DEPARTMENT?

DO WE KNOW WHAT’S BEEN HAPPENING IN OUR DEPARTMENT?
WHAT ARE WE DOING ABOUT IT?

Do we support of the Department becoming a Police State?
NO!

Do we support the presence of Bouncers in Faculty meetings?
NO!

Do we voice our dissent?
NO!

Silence in the face of Totalitarianism is equal to Support for Totalitarianism.

Is this who we want to be?
An apathetic and apolitical body of students?
Do we care?

THE NEED OF THE HOUR is to MEET.
Take time to look beyond busy exam schedules at the big picture,
Recognise the value of having an academic space which allows faculty and students to express opinions.

GET INFORMED. Read http://kafila.org/2011/04/18/is-it-nineteen-eighty-four-already/
SHOW SUPPORT.

hello all,

its time we put an end to this long silence.
what are we doing? what exactly are we doing? an MA? running desperately towards a degree? with as much speed as possible?

the only thing that can really get us into gear is exams! i wished we could do better than that. else, we could do much better in the apathetic corporate sector and science colleges we so critique for their “apoliticalness”. are we, the literature students, who theorise and tear authors and critics apart, better just because we STUDY lit.? for we dont seem to be any more political than the table in my room.

facebook is the platform for our protests. upcoming exams, bad syllabi, lack of chairs in classrooms and unsatisfactory IA – all of it goes on facebook. and of course, we expect our techie teachers to take the hint and sort our problems for us. we, helpless souls are limited to our computer mouses. thats as far as we move our fingers. the only time we draft petitions are when we want exams to be postponed, even when it is a perfectly comfortable date sheet. that’s as far we theory people can delve in practice. of course, we expect some of the practioners to see our protests on face book and demonstrate it physically for us.

and surely we do not waste our time organising seminars or attending the ones which were painstakingly fought for by the “over-enthu” and apparently not-so-studious few for their own fun.

why would the messy MA admission process bother us once we are done with it?

why will the semester system issue for UG level bother us, for we are Post Graduate students!

why should it matter if the dept is in a state of chaos, for we will get going soon enough. and if there are those who want to stay here, its their problem.

and if our teachers and mentors who have helped us through so many different things, why should we feel grateful? after all, its their job?
NO. its not their “job” to deal with our questions outside the class. its not their “job” to push for a better IA mechanism or organise a students seminar, or listen to our personal problems, as a lot of them do.
but we do ‘like’ and ‘comment’ on their plight on FB. and surely, as students, busy preparing for our exams (which probably cant happen if these teachers were not there), we cant be expected to do more! poor, helplessly busy us.

we cant speak for ourselves, we cant speak for anyone else. and of course we are students of English Literature who specialize in being articulate, in making coherent theoretical arguments and speaking for the rights of the “mute” subaltern. well, charity begins at home. start speaking for the rights of the environment you are a part of, even if provisionally.

can we please, for once, get over ourselves, our petty goals, our exam phobias and take responsibility for our political positions. for, inaction and silence does not mean NEUTRAL GROUND. it is very much a position. it is very much a choice!

can we, for once, try to take our grudges beyond our comfortable computer tables and fb groups and actually step out to express the beliefs and critiques we so well write down to get a 60%?

can we for once think of a future beyond exams? we are not half as messed up as we will be in the time to come, if we keep shirking from our political responsibilities, if we are not willing to interfere in the course things take in our work/study places, if we are self-obsessed enough to allow the flow of things to drown us.

we have actually read very little, and perhaps understood even less. for if we had understood, we wouldnt have been in the pitiable shape that we are, letting ourselves down as we have.

So. Do we meet? When?

POSCO: A Lie Repeated Three Times Does Not Become The Truth

POSCO PRATIRODH SANGRAM SAMITI

Odisha Government Repeats the Same Old Lies in “Assurance” to Environment Ministry

Today the Odisha government sent a “categorical” assurance to the Ministry of Environment and Forests, claiming that no one in the proposed POSCO project area is eligible under the Forest Rights Act. The Ministry’s request for a “categorical assurance” came after two Committees had already exposed that the Odisha government had lied on this matter.

The latest “assurance” repeats exactly the same lies that were told and exposed before – as if there had never been any enquiry committees. The Odisha government has also challenged the Ministry’s interpretation of the law as well as the Ministry’s own orders.

For instance:

– The government continues to say that the area was “wasteland” and therefore the people are not forest dwellers. The Odisha government’s own revenue maps of 1928-1929 and the Survey of India in 1929 all clearly show the area marked as “dense jungle” and “miscellaneous jungle.” These were brought out by the POSCO Enquiry Committee. Does the Odisha government believe that its own maps are forgeries?

– The government claims that it “implemented” the Forest Rights Act by calling palli sabha meetings in March 2008; and, in just one meeting in each village, apparently the Act was explained, the forms and records supplied and the people trained. But, as per their own records, the required legal quorum was not met in a single one of those villages, again as exposed by the Enquiry Committee. One of the meeting “records” attached to the assurance – that concerning the village of Govindpur, where a large part of the forest land lies – shows a total of 34 people attending this meeting. Is this what the Odisha government has to show for implementation? A single meeting of 34 people, which is not a valid meeting under any law and certainly not under the Forest Rights Rules?

– Moreover, what has happened to the claims filed since by the people of the area? Who gave the Collector the unilateral power to decide who is eligible in this area? In what sense is this within the law?

– The Odisha government not only has contempt for the law – it also has contempt for the Environment Ministry. Despite being explicitly instructed in the January 31st order that people are not required to be cultivating for 75 years to be eligible, it says they do. It has tried to act as if the Ministry’s own orders and conditions do not exist, saying that FRA implementation and consent of the gram sabhas are not required – when, in addition to being required by law, the Ministry itself made these an explicit condition for this project. Finally, the government has not bothered to reply to a single one of the legal points made in any of the representations forwarded by the Ministry to it, except for disputing the validity of some resolutions.

Every single claim that the Odisha government makes in this assurance has been proven false by us, by political leaders, and by two official Enquiry Committees. There is not a single shred of new evidence in this “assurance”. Moreover, the proof that it is a bunch of lies is already with the Ministry.

The question now before the Environment Ministry is simple. Is it going to continue colluding with a State government that has demonstrated its utter contempt for law, truth and people’s rights? Is it going to grovel before a State government that challenges its interpretation of law and ignores its orders? Is it going to tell the nation that it will ignore lies when they stare it in the face?

Less than a week after claiming that it is going to battle corruption and remove scams, is the UPA government now going to yet again throw the law to the winds for the sake of vested interests and a private company? Is it going to show again that it is just a front for money and muscle power? Whatever the answer may be, the struggle of the people will go on.

Prashant Paikray
Spokesperson, POSCO Pratirodh Sangram Samiti

Forget Corruption, fight bourgeois class rule

Satyabrata

Can “corruption” be seen as a homogeneous practice? Is the corruption of a government evident, say, in the signing of an MoU, and that of a clerk taking bribes the same? The answer is obviously no! A society where money constitutes the primary means by which people satisfy their needs, with needs increasing and relative wages declining, striking a moral stance on corruption amounts to submitting to the ruling hegemony. But to inquire, on the other hand, into the causes of corruption is to take the first step in launching a concerted attack on that hegemony. The power of the system rests, in large measure, on its capacity to prevent people from engaging in the process of critical thinking; to convert them into passive recipients of Ideology. The “Hazare movement” is one such example where hegemony subsumes dissent, and distorts it.

Therefore, a politico-strategic exposition of the Jan Lokpal Bill, which has brought large masses of students, youth, industrialists and politicians out on to the streets, is a necessary condition for engaging with what might be called the “Hazare movement”. In an ideal sense, the Jan Lokpal Bill is a legislative attempt to check corruption. It demands the setting up of a central Lokpal, and state-level Lokayuktas, that will be independent of governments. Members will be selected by judges, citizens and constitutional authorities, and not by politicians, through a completely ‘transparent’ and ‘participatory’ process. Its tasks shall include inquiry into cases of delayed delivery of public services and imposition of penalty on officials found guilty.

Here it becomes necessary to understand the role of representative institutions in a representative democracy as another representative institution is probably about to be set up. Representative bodies are institutions through which political power is wielded. In that sense they are not very different from “management” of industries, especially as far as their task of control over masses is concerned. The difference is they are elected (directly or indirectly) by the people. The cry of the people today against corruption on the streets is the participation of “people” to undo something that hampers their lives. Of course such desire is refracted through shards of ideology but that certainly does not negate its impulse to grapple with the system in order to rid it of its warts. The trouble, however, is the anti-corruption movement is about to be institutionalised by the state, which is seeking to bring it within the realm of its operation. That, in itself, appears to be a welfarist act. That is, if one doesn’t go deeper to understand the logic of the State.

The widespread hue and cry over the Hazare movement is evidence that the ideological apparatuses of the state are at work to include dissent and the idea of mass participation it poses into a re-presentative body. That would, among other things, lead to the institutional inclusion of participatory democracy – an idea posed by the politics of dissent – even as such participation is exteriorised by the masses. It is indicative of the necessity of the existence of the state and civil society as two separate bodies embodying alienation and dissent respectively. The Hazare movement is politico-ideologically bankrupt to grasp how the state is an institution to wield political power. And is not such a movement, therefore, condemned to express impulses of capitalist ‘de-statisation’ which, at the level of political logic, have much in common with the current politico-economic consensus to increasingly privatise the public sphere, delivering significant aspects of life and livelihood into the hands of private players? No state can survive without the support of its people and this has been proved time and time again. But the “powerful state” learns and doesn’t allow its people to learn, if only to exist and exist better. An anti-corruption movement that bases itself merely on the outburst of people’s spontaneous dissent with regard to the system is bound to squander its potential revolutionary impulse because its institutionalisation by liberal politics is its inescapable fate.