Sanhati organized a panel in the Left Forum 2011 on “Left Movements in Contemporary India” (Pace University, New York City, March 18-20). Prominent Marxist activist from India Gautam Navlakha spoke on the Maoist movement. Along with him was Siddhartha Mitra, who spoke on the internally displaced in Khammam. The event was moderated by Deepankar Basu, who teaches economics at the University of Massachusetts, Amherst. Deepankar analyzed the contemporary political economy of India which gives a background for understanding the left movements in India.
Videos: Sanhati panel on “Left Movements in Contemporary India” (New York)
A Public Meeting On “Tamil Eelam Movement: The Contemporary Crisis and Its Significance” (April 1, 2011)
Organized by Coordination Committee for Oppressed Nationalities (CCON)
Speakers: Prof. Bimol akoijam, CSSS/ JNU, Satya Sivaraman, Journalist, Santhosh, Visiting Faculty, SAA/JNU, Someetharan, Jaffna Based Documentary Film Maker.
Followed by Documentary Screening on Mullaitivu Saga, 45 min , a English Documentary on the ‘final’ brutal military operation of the Srilankan army and A Book Release of In the Name Of Peace: The IPKF Massacre of Tamils in Srilanka
Place: Committee Room, SSS I, JNU
Date: 01-04-2011, 2.30 Pm Onwards
Tamil Eelam Movement: The Contemporary Crisis and Its Significance
When the Sri Lankan Government declared on May 19th 2009 that the war against the Tamil Tigers is over, thereby claiming that the Eelam struggle was finished, it received compliments from a curious combination of international forces. India and Pakistan welcomed Sri Lanka’s victory against ‘terrorism’. Israel and Iran congratulated Rajapaksa for upholding democracy. The Turkish government expressed opinions signaling that the PKK would meet a similar fate like the LTTE while quite a few military analysts in India and Colombia considered the possibility of finishing off the armed struggles waged by the Maoists and the FARC respectively in a ‘Sri Lanka style’ solution. The big powers, USA, France, Russia and China also expressed their solidarity with the victorious Lankan government. The pro-US Colombian government and the supposedly anti-imperialist Cuba and Venezuela conveyed their admiration for Rajapaksa’s firmness in dealing with ‘seditionists.’ Most of the above mentioned countries have also directly and indirectly provided material support to Sri Lanka.
INTELLECTUALS AND THE WAR: Indeed, some of the intellectuals who support these so-called anti-US countries, considering them to be truly ‘revolutionary’, have even characterized the Eelam struggle as being funded by imperialist powers. This despite the fact that the LTTE was banned and continues to faces a ban in the US, Canada and the European Union and that quite some Tamils who have been suspected of aiding the Tigers have been arrested by these governments. This despite the fact that the US, Israel and many countries of the West have supplied the Sri Lankan government with economic and military aid. This despite the fact that none of those countries that had no qualms in going to war with undemocratic regimes in Iraq earlier and now in Libya raised a finger while over 50000 civilians were butchered by the Sri Lankan Armed Forces between January and May 2009. Media houses like The Hindu and NDTV that put up a sham liberal facade propagated this blatant lie of ‘terrorism promoted by foreign powers’, besides even positively projecting Sinhalese chauvinist-triumphalism after the massacre of the Tamils. Recent cables released by Wikileaks shows how the Indian Government opposed foreign powers preventing the Sri Lankan state’s war against the Tamils and also how the Sri Lankan government was desperately trying to get greater aid from the US in their war on the Tamils.
While the silence in intellectual circles on the genocide in Sri Lanka is grossly disproportionate to its intensity, the talks and debates on Sri Lanka in the mainstream Indian media and academia focuses on either peace or reconciliation or both. What is conveniently forgotten is the struggle of a people for freedom and justice. The ‘left’ intellectuals affiliated with the CPM and few other parliamentary left parties, who have no qualms in shouting their support for the Palestinian liberation struggle, are happy to denounce the equally genuine demands of the Eelam Tamil people and to distort the truth of their oppression. That they hold similar positions on the other national-liberation struggles in the subcontinent is testimonial to their commitment to the oppressed peoples. Even those who recognize the war-crimes of the Sri Lankan government are rather silent on the political demand for self-determination of the Eelam Tamils and slip into a human-rights discourse instead. The tragedy that befell the Tamils then becomes a ‘soft-story’ discussion for the NGO’s and status quo intellectuals.
The truth is this. The war in Sri Lanka is not about human rights violations alone. It is primarily about political rights of the Tamils as a nation to secede and form an independent state. Unless that is recognized, all appeals for peace and co-existence are just mere shams to cover the naked racist oppression that exists in Sri Lanka, the brutal face of Sinhala majoritarian chauvinism. The Lankan emperor is wearing no clothes – but why do so few have the courage to point that out?
A BRIEF HISTORY OF BLOOD: As soon as Sri Lanka gained independence in 1948, it passed the Citizenship act, which in effect disenfranchised more than 10 lakh plantation Tamil workers in the island. Following the Sirimavo-Shastri pact of 1964, over 5 lakh of them were expatriated – the remaining were to get Sri Lankan citizenship only in 2003. In 1956, the notorious ‘Sinhala Only’ act, that made Sinhalese the sole official language was passed. Tamils staged peaceful protests and the response was state-sponsored riots which led to over a 150 deaths. Large scale riots against the Tamils occurred again in 1958, again as a response to non-violent protests of the Tamils. When the Federal Party declared civil disobedience, emergency was declared in many Tamil areas and the army was deployed to crush protests. Sinhalese academics in this period wrote ‘historical works’ that received official support which sought to obliterate the historical presence of the Tamils in the island. A sample – “The history of Sri Lanka is the history of the Sinhalese race… Buddhism is the golden thread running through the history of the Race and the Land…” (DC Wijewardena, The Revolt in the Temple)
Anti-Tamil riots occurred with varying frequencies in the 60’s and the 70’s. The Republican constitution of 1972, plucked away the few minority rights that the Tamils had. By officially privileging the faith of the majority, it made complete Sinhala-Buddhist supremacy a reality. The Tamils, deeply conscious of the oppression that they faced as a collective, realized that future in an united Sri Lanka would only spell doom for them. The Tamil United Liberation Front, which was formed on 1976, passed the Vaddukkodai resolution under the aegis of S.J.V. Chelvanayakam that year which stated that the struggle for “the Free, Sovereign, Secular, Socialist State of Tamil Eelam, based on the right of self determination inherent to every nation, has become inevitable in order to safeguard the very existence of the Tamil Nation in this Country.” The constitution promised a socialist-democratic state, committed to abolition of casteism and religious discrimination.
THE RISE OF ARMED STRUGGLE: The Tamil youth, who were the worst to be affected by the language policy of the government, and the rural populace who were under constant economic pressures, began losing faith in the peaceful methods of the TULF. The LTTE which was formed in 1976, gained popularity after the assassination of Jaffna mayor Alfred Duriappah. The burning of the Jaffna library, which contained numerous valuable historical manuscripts of the Tamils, by Sinhalese policemen in 1981 convinced the radical youth that the Sinhala chauvinist government was bent on erasing them totally and that armed struggle was the only way to secure justice. The horrible Black July riots of 1983 by Sinhalese mobs, policemen and the army, that was given a free hand by the state and which caused the deaths of over 4000 Tamils and the displacement of hundreds of thousands led to the intensification of Tamil armed resistance and its greater acceptance among the Tamil populace. The LTTE, with its programme for a Socialist Tamil Eelam, consciously promoted the involvement of women, dalits and backward castes in its ranks and reached out to a wider audience than the other parties.
INDIAN INVOLVEMENT: Other militant groups also emerged in this period. The TELO was openly favoured by the Indian government. After its decimation by the LTTE, the RAW chose the EPRLF, who were content to be happy stooges of India. Only the LTTE maintained its independent agenda and refused to be a junior partner of any power. Thus, when following the Indo-Sri Lanka accord the Indian Peace Keeping Force entered Sri Lanka, they launched their brutal assaults on the LTTE and the Tamil people. The IPKF also trained mercenary squads from the EPRLF in the name of ‘Tamil National Army’ to create terror among the local people. Yet, the Tigers were able to secure a decisive victory over the Indian army owing to their mass support and the usage of guerrilla warfare. After that defeat, India has supplied arms to Sri Lanka and also training to its armed forces, albeit covertly, mostly owing to fear of a backlash in Tamil Nadu.
CONSOLIDATION AND CRISIS: After a series of military successes, the LTTE consolidated its rule in the North and Eastern regions of Sri Lanka, having almost 15000 sq km under its control. When it entered into a Ceasefire agreement with Sri Lanka in 2002, it was functioning as a de facto state. It ran schools, hospitals, relief teams, judiciary and police. But by this time, various international powers starting stepping up their covert and overt support to Sri Lanka, especially after the media-generated paranoia on ‘terrorism’ after 9-11. The LTTE was banned in various countries and people suspected to be its members/sympathizers were arrested in India, the USA, France etc. While the movement of men and material for the LTTE was clamped down, the governments of China, Israel, Russia, Pakistan, Libya and Iran gave extensive military support to Sri Lanka.
The defection of Karuna, the Eastern Commander of the LTTE, in 2004 which was partly engineered by the Lankan government came as a major blow to the Tigers. The December 2004 Tsunami also greatly damaged human resources and infrastructure in Tiger controlled areas. With Rajapaksa’s election in 2005 the ceasefire began to deteriorate. On July 2006, the Sri Lankan military started its full scale offensive against the Tamils with blessings from various international powers. Numerous atrocious acts like the Chencholai orphanage bombing of August 2006 which killed 61 Tamil children were committed by the Lankan armed forces with impunity.
Towards the last stages of the military operations in Mullaitivu, the Lankan armed forces violated all established conventions of war. Chemical weapons and cluster bombs were used on civilian populations. Non-combatants were subject to tortures and sexual abuse. Media freedom was curtailed and vigilante groups were propped to violently snuff out any democratic voices. The murders of journalists Taraki Sivaram, Lasantha Wickramatunga and P. Devakumaran are ghastly examples. When the Lankan government declared on May 19th that the war was over and that peace was ahead, it failed to mention the bloody trail that it had left behind.
POST-WAR SRI LANKA: The Permanent People’s Tribunal in a hearing on January 2010 found the Sri Lankan government guilty of war crimes and crimes against humanity. Chomsky compared the Sri Lankan war on the Tamils to the atrocities in Rwanda. Despite claims to champion ‘peaceful co-existence’ the Sri Lankan government has been consistently pursuing militarization and colonization of Tamil areas since May 2009, especially in the absence of an organized resistance from the Tamils. Summary executions by mercenary gangs and the army, abductions, illegal detentions and rape are commonplace. Suicide rates among Tamils are one of the highest in the world and many suffer from psychological traumas.
Demographics of the region are changed by state supported Sinhalese settlements and establishment of army camps in Tamil areas. Many Tamil lands have now been used for foreign projects under the guise of government schemes. The assaults on the cultural level are also happening side by side. Besides wanton destruction of Tamil Churches and Temples, there are attempts to change the names of Tamil localities into Sinhala, thereby denying them their local history. Desecration of statues of Tamil martyrs has been accomplished with systematic efforts. In July 2010, the army demolished the Tamil war heroes cemetery in Thenmaradaachi, Jaffna, in order to build an army base over it. The purpose of this is two fold: one, to show the Tamils once and for all who their superiors are. Two, to erase all memories of resistance from the thoughts of the Tamils. Despite all this, dreams persist, words are spoken and stories are told.
CCON feels that at a stage where various national-liberation struggles are being brutally suppressed and are undergoing strategic and ideological changes, it is imperative for us to learn from various movements. And since the so-called ‘Sri Lanka solution is being upheld by various oppressor countries, we feel it is necessary to discuss how this ‘final solution’ turned out to be and what it signifies for the Tamils and other oppressed nationalities.
OPPRESSED NATIONALITIES OF THE WORLD UNITE!
American Jews for A Just Peace (AJJP) stands up for ‘Miral’
MIRAL, Writer: Rula Jebreal; Director: Julian Schnabel; Cast: Hiam Abbass, Freida Pinto
We, at American Jews For A Just Peace, www.ajjp.org, stand in support of filmmaker Julian Schnabel and Harvey Weinstein in their efforts to distribute Miral, a new film based on the autobiographical novel by Palestinian journalist Rula Jebreal. Miral tells the story of three generations of Palestinian women, and in particular an orphaned Palestinian girl, as they navigate the personal and political landscapes of their times, starting with the creation of the state of Israel in 1948, through the first nonviolent Palestinian uprising against Israel’s occupation of the West Bank and Gaza Strip in 1987, to the signing of the Oslo Accords in 1993. Miral is not a documentary or a polemic; it is a window into the lives of Palestinians, whose voices have gone unheard in the United States for far too long.
We, at American Jews For Just Peace, stand in opposition to the efforts by the American Jewish Congress and the Israeli government’s efforts to block the film’s showing at the United Nations and other venues.
Environment Ministry’s Steps on Bamboo and Forest Act Amendment
Campaign for Survival and Dignity
On March 22nd, the Environment Ministry announced two significant decisions: a letter to State governments on bamboo and Cabinet approval for an amendment to the Indian Forest Act. In both cases, the stated intent does not match what has actually been done; and while the claim is being made that these will protect people’s rights and reduce harassment, the former will have no effect at present and the latter will make the situation worse.
In the case of bamboo, consider the following:
The sleight of hand is far more blatant in the case of the Indian Forest Act amendments that have now been approved by Cabinet. Consider the following:
Imperialism and the endless war: Military attack on Libya
Raju Das
The military assault on Libya which has just started is another bloody, western imperialist war of aggression against a poor country, a former colony.
Apparently western governments want to protect Libya’s civilians. It is as if other governments are not killing civilians in the region. How hypocritical.
The war is more about the control over oil and stopping the rebellion of workers and younger people in the region from being more radical and anti-systemic.
The war is about a regime change: to create a new regime that will be more deferential to oil companies and western imperialist states than the current one.
Also: what better way to divert attention from western governments’ attack on the political and economic rights of their own people, thousands of whom languish in jails, than to start another war?
The governments launching the assault on Libya have been saying that they do not have money for education and health care, etc., but how are they finding the money to support a war now. Liars.
It is being said that the international community has launched the war. What international community? Security Council members, China, Russia, Germany, Brazil and India, all abstained on the vote on the UN resolution on the war engineered by America and its European followers (the second-tier imperialists of the world). The decision to attack Libya does not represent the opinion of millions of citizens of the world.
Peoples of the imperialized countries must understand that this war, like the wars before in the recent past, just signifies the fact that imperialists can destroy any country they like in their own political and economic interests.
Real national liberation from imperialist forces including the imperialist companies and institutions is the new national question and is a most important aspect of the democratic revolution that the working class in alliance with the peasants and other democratic forces, in every peripheral country and in the world as a whole, must address as a part of its fight for a world beyond capitalism.
As long as there is imperialism, this endless war syndrome will not go away. It has to be made to go away through massive anti-imperialist and anti-war democratic mobilization led by the working class.
Prof Raju Das teaches at York University. He has worked immensely on the political economy of Rural India and South Asia.
Egypt: A permanent revolution?
Ray Bush, Ahram Online
Finally, it seems, and only after being pushed hard by permanent demonstrations, Egypt’s generals have indicated a procedure for promoting serious constitutional reforms as a first step towards the possibility of democratic deepening. The development of a new constitution will be delayed until a new parliament that can debate it. The appointment of a legal committee to assemble proposed reforms to be put to a referendum is clearly significant. But why has it taken so long, and why has this committee not been part of a more clearly defined new interim government? The continued presence of members of the old regime raises concerns about just how serious the military is in ridding the country of the economic elite that has destroyed Egyptian livelihoods for the last 30 years. How long does it take to get rid of the detritus of cronyism and enable the entry of democrats to Egyptian national politics?
This may not be the time to be curmudgeonly – and it is not my wish to be so. My recent experience at the biggest party I have ever attended, in Midan Tahrir, two weeks ago was exhilarating and joyful, full with expectation and real hope. It has been more than twenty years since I began visiting and studying Egypt’s political economy. I have often made annual pilgrimages to Cairo’s wonderfully vibrant, yet repressive and challenging city and I have witnessed attempts to transform the countryside by destroying benefits Nasser gave tenants and other smallholders, as the NDP decided instead to return land to land owning allies. Many of the landed elites were in the corrupt parliament so voting for rural (diss) possession was easy. if tenants have been impoverished, nouveau riche; mostly young and assertive investors have taken advantage of cheap (and corrupt) land ‘sales’, free water for high value and low nutritious food stuff for export rather than the promotion of local food security. The destruction of Egypt’s environment by agribusiness stripping the country’s valuable top soils became de rigour. Yet these processes among many other, have been contradictory in there outcomes. After most of my visits I would usually feel that Egypt would be unable to stay the same for more than 24 hours, and yet simultaneously I would have the feeling that the country would remain the same for a great many more years. Conflict, inequality and injustice were so evident alongside demonstrations of enormously opulent wealth, and struggles for economic and political transformation have always been evident.
The 25 January revolution has changed political life for good. Things will never be the same, even if the military seem unable or unwilling to properly gauge the mood of the country and ensure more swiftly a complete exorcism of the ancien regime. There is a revolution underway and it is a process that will go beyond the removal of Husni Mubarak from office. After 30 years of social and political stagnation that systematised brutal repression of rights and people’s dignity, and which helped to sustain intense poverty and the manipulation of religious prejudice, there is now a chance to promote an ambitious and transparent ‘root and branch’ reform programme. 25 January opened a dam of pent up resentment and frustration. That could easily have been funnelled into violence and envy, counter brutality and revenge yet that was only evident when NDP thugs entered the fray as the robber baron regime tried to cling to power. The revolutionaries, from all walks of Egyptian life, young and old, middle class, small farmers and destitute, workers and elderly demonstrated confident self controlled maturity of protest. Continued protest until remnants of the old guard are thrown away remains necessary and should receive not only local support, amid an understandable irritation by a few, that the ‘normal’ life of tourist trade and small business is disrupted. But these demonstrations need also international solidarity and support. The buzzards of the EU, UK and US are circling, and many have landed to establish an understanding of just what has been happening in the country of such geostrategic importance and historical ‘stability’. Caught out by the splendour of revolution Egypt’s allies in the international community have been busy playing ‘catch up’. This applies especially to the US. Why is Washington’s intelligence in the region so poor and outmoded and why couldn’t the (relatively) new broom in the White House grasp the nettle of real democratic transition rather than elevate concern with stability and defence of its Israeli ally. Tel Aviv is challenged by democracy on its door step and the US will have trouble in its historical strategy of determining the outcome of political transition without being seen to do so.
The revolution will have lots to say about Egypt’s regional presence. It will live with an Israeli neighbour that is peaceful and democratic, that respects Arab citizens of the Jewish state and abides by international law including complete withdrawal from Palestinian territory occupied since 1967. The revolution can legitimately question why the Camp David agreement benefitted Israel financially and militarily more than Egypt and the revolution can certainly question why Mubarak’s regime became the jailor of the Gazan concentration camp.
Domestically the agenda is long. Already people have shown greater respect for each other than was much in evidence with Mubarak’s bestial regime. The revolution demands a more open and democratic public sphere of mutual respect, this agenda has been driven by all demonstrators not only the youth that has so captured media imagery. Without doubt the youth demand and deserve a respect that is at odds with a moribund age set of deference (unearned), which helped structure a non-participatory political culture and at its worst was captured by the patronising stupidity of Mubarak and Omar Suleiman during the height of the revolution. High on the agenda is clearly the establishment of a rule of law, habeas corpus and the removal of systemic torture from Egypt’s landscape of law and (dis)order. This will not happen immediately as the chain of command in all police stations will need recasting in customs that will simply not be understood by many force commanders. The rights debate will need more than just a new minister. The idea of inherent human rights, that people are innocent until due process has found them guilty of whatever they may be charged with and the complete judicial and civilian oversight of the police, will be just a beginning but one that is essential to safeguard revolutionary gains. If the police needs reform, new training, skills and knowledge as well as raised salaries for rank and file officers, (reducing the incentive for bribery and links with local gangs) the security services needs closure. Security services are important in all democracies to ensure that legitimate opposition does not become converted to military insurgency. But security and police forces will need to internalise that they operate to defend the Egyptian people, not the Egyptian regime. Only when the forces of law and order are so reformed will it be likely that political opposition emerges free from infiltration and dirty tricks and mutual respect unifies people with a security agency that defends all Egyptians. There is thus no role for the aml dowla or muhabarat in the new Egypt and the sooner this is affirmed the better. After all it was the awful actions of these forces over more than a generation that partly drove the unprecedented mobilisation to Tahrir.
Of course Egypt’s revolution will only be successful and more easily defended if it can link the tremendous struggle over rights and representation with economic growth that provides jobs. Egypt’s economy has grown by about 5 per cent in real terms each year since 1980. It is the ambition of all developing countries to achieve such a level of growth especially where it outstrips the increase in population. Yet sustained economic growth singularly failed to deliver employment and poverty reduction. The NDP robber barons were successful in rewarding themselves – real estate, land, cement and steel, and of course the military too – after all didn’t the military get its ‘toys for the boys’ to a value of $1.3 billion per annum from the US as well as guarantees for its own enormous business ventures in land, real estate and manufacturing? But urban and rural poverty – the abjection of the majority of Egyptians from the wealth that they have produced is the biggest indictment of the last thirty years. At best Egypt has developed but Egyptians have not! Unemployment levels might be as high as 50%; food inflation of 20 percent accelerates poverty and child hunger and bread riots around the bakeries of Cairo in 2008, were an early indicator of tipping points to come.
It’s no longer popular to talk about ‘class’ in the Middle East (or anywhere else perhaps) the working class or the peasantry or fellahin, but it is these social classes that produce Egypt’s wealth. The financial and service sectors may have grown in the last thirty years but the wealth generated from speculation remained in the hands of the economic elite and not with the country at large. The NDP not only ignored structural impediments to growth, namely the high dependence upon rent – from Suez, labour remittances and oil and gas, it ensured that its cronies would benefit from kickbacks from contracts linked to construction and land deals often in the rentier sectors. And revenue that accrued from such skulduggery was used only for conspicuous consumption or more real estate construction that the vast majority of Egyptians could not even dream of occupying. It is one thing to say that market capitalism and economic liberalisation has given Egypt the greatest opportunity to boost livelihoods and well being – the mantra of Gamal Mubarak especially after Ahmed Nazif’s administration in 2004. It is quite another to evidence how the market economy has ensured the trickle down of growth rather than the funnelling up of wealth to the already mega rich.
If and when the dust begins to settle down around the political transition it is in the economic arena of sustained economic growth with justice that the revolution may stand or fall on. More than 40% of Egyptians live on less than $2 a day. It is probably much higher than that and possibly even as high as 80% in some rural areas – that would make Egyptians poorer than Zimbabweans – not a comparison many would immediately consider. But this is the depth to which the NDP and the Mubarak tribe took the country. The way they set thugs on Egyptians and destroyed their own party offices suggests there was also an orchestrated plan to ‘burn Cairo’ legitimising perhaps a more aggressive military intervention to defend the country.
It is going to take great care to dig Egypt out of the pit of economic crisis and to do so with justice and equality. The first step will require Egyptians to see that there is indeed a crisis and to construct a genuinely national participatory political system. World Bank and other international agency love affairs with headline growth figures veil inequality, uneven development and has accelerated social unrest. The long term crisis began with economic reform in 1991, (1987 in the countryside) – reform heralded by the international community that fostered robber baron capitalism. The medium term crisis lies in the pivotal working class and trade union unrest that has provided strong roots for the revolution. More than a million workers and their families have been involved in industrial actions since 2004 and the Mahalla revolt in 2006 involving 28,000 workers was a clear signal to all but the most illiberal government that kefaya (enough) really was kefaya. The vibrancy of worker unrest and the challenge to confront 19th century working conditions has not been lost on the fellahin. It is likely that at least, 300 farmers have been killed in 2010 with 1500 injured and 1700 arrested following rural struggles over access to land, boundary demarcations, struggles against dispossession and other disputes with land owners and police. The politicisation of land is at a level greater than any time since Nasser and it is an issue the future minister of agriculture will have to address with care and attention to redressing rural poverty and how it has been sustained by dispossession of small holders and accumulation by land owners.
Addressing all these themes will depend on the revolution being sustained, on the coalition of youth continuing to broaden their excellent and profound grasp of the realities underpinning wealth and inequality and building links between urban workers and rural small holders. This will require permanent revolution, permanent dissatisfaction with the status quo and of course vigilance against counter revolution. It will also need to be underpinned by a new system of education in Egypt that values not only the core principles of literacy and numeracy, and their delivery in the classroom without violence or sexual harassment. The revolution has begun to legitimise the importance of challenging all information and to question everything that is presented especially by government. That will need to continue as debate about an election, its timing and planning and organisation will no doubt dominate the next 6 months.
Ray Bush is Professor of African Studies and Development Politics, University of Leeds, UK and Author of Economic Crisis and the Politics of Reform in Egypt (Westview 1999) editor of Counter Revolution in Egypt’s Countryside (Zed Books 2002). His most recent book is Poverty and Neoliberalism. Persistence and Reproduction in the Global South (Pluto Press 2007).
Supreme Court on the Urgency Clause in the Land Acquisition Act
Rahul Choudhary
The contention that the Land Acquisition Act is an expropriatory legislation is reaffirmed by the Supreme Court in a recent judgment (SLP(C) No. 10993 of 2010 Dev Sharan & Ors vs. State of U.P & Ors). The Court was dealing with the issue of invoking of the urgency clause provided under section 17 of the Land Acquisition Act. The Urgency clause does not provide even the minimal opportunity for the aggrieved/ affected persons to express their opinion/ reservation against the proposed land acquisition. In this case the proposal was to shift a jail located in a congested area. The final notification was issued after 11 months of the first Notification under section 4(1) was issued. The court found that the slow pace at which the government machinery had functioned in processing the acquisition, clearly evinces that there was no urgency for acquiring the land.
In this judgment, the court put strong opinion about the Land Acquisition Act and also expressed opinion on the ‘public purpose’ in the land acquisition. The Court said ‘the Land Acquisition Act, a pre-Constitutional legislation of colonial vintage is a drastic law, being expropriatory in nature as it confers on the state a power which affects person’s property right.” In view of the large scale acquisition of land for setting up of industries declaring it as a public purpose the expression of the Supreme Court is significant. It says,
“It must be accepted that in construing public purpose, a broad and overall view has to be taken and the focus must be on ensuring maxim benefit to the largest number of people. Any attempt by the State to acquire land by promoting a public purpose to benefit a particular group of people or to serve any particular interest at the cost of interest of a large section of people especially of the common people defeats the very concept of public purpose.”
In past, the Supreme Court has disapproved the invoking of section 17 without any real urgency. But this judgment has looked into the concept of public purpose which it considers consistent with the concept of welfare State. This becomes important because the proposed amendment in the Land Acquisition Act has enlarged the concept of ‘public purpose’ to accommodate even mining as a public purpose. The judgment ask courts to first explore other avenues of acquisition to satisfy public purpose before sanctioning an acquisition, in exercise of its power of judicial review, and focus its attention on the concept of social and economic justice. When urgency clause is invoked then the process under section 5A is done away with. This section (5A) was introduced by the Land Acquisition (Amendment) Act, 1923 with an objective to give opportunity to person interested in the land to put objections. The Court in this case came to conclusion that “valuable right of the appellants under Section 5A of the Act cannot [be] flattened and steamrolled on the ‘ipsi dixit’ of the executive authority.”
Invoking section 17 of the Land Acquisition Act by the authorities is not an exception but has now become norm. It will take years in conceiving the project, but when it comes to land acquisition, they want to do away with the process of hearing.
A New Journal: Review of Agrarian Studies
Review of Agrarian Studies is the peer-reviewed journal of the Foundation for Agrarian Studies (www.agrarianstudies.org), a charitable trust based in India and established in 2003. The major objectives of the Foundation are to facilitate and sponsor multi-disciplinary theoretical and empirical enquiry in the field of agrarian studies in India and elsewhere in less-developed countries. The Foundation does so in association with a wide section of people interested in the agrarian question, including persons associated with academic institutions, social and political activists, members of mass organizations working in the countryside, and other professionals and scholars.
Review of Agrarian Studies will appear in electronic and printed form. The online version is now live at www.ras.org.in or www.reviewofagrarianstudies.org. The online edition is free to all registered users. Do register now!
The journal invites articles on agrarian studies – on the forces and relations of production in agriculture and in rural areas, on living standards, and on different aspects of social formations in the countryside. The Review will carry theoretical and empirical articles on social, economic, historical, political and scientific and technological aspects of agriculture and rural societies. The Review also accepts photographic, audio and video material.
The Review will publish online first and aggregate online content into a print edition every six months. Rich media content (photographic, audio and video material, hyperlinks and interactivity) will be made available only online.
The print edition of the Review will be published jointly by the Foundation for Agrarian Studies and Tulika Books, one of Indias most important publishers of books in the social sciences. The HTML content of the Review is rendered online, and the print edition typeset, by TNQ Books and Journals, one of Indias leading providers of publishing services to scientific, technical and medical publishers worldwide.
Editor: V. K. Ramachandran (Indian Statistical Institute)
Editorial Board: Aparajita Bakshi (Indian Statistical Institute), Navpreet Kaur (Foundation for Agrarian Studies), R. Ramakumar (Tata Institute of Social Sciences), Vikas Rawal (Jawaharlal Nehru University), Madhura Swaminathan (Indian Statistical Institute)
Documents: Discussion between Orissa Govt and the Maoists
PDF Copies of the Documents
1. Discussion_with_Maoist_Interlocutors
2. Discussion_with_Mediators1
3. Discussion_with_Mediators2

