The POSCO “Green Signal”

Campaign for Survival and Dignity

On January 31st the Environment Ministry finally gave its long delayed decision on the POSCO project. The brazen chicanery of this decision is already well known. It asks the Orissa governmen,t already caught lying, to lie again, and promises a forest clearance in exchange; it imposes wonderfully meaningless conditions, such as the craven request that the company “voluntarily sacrifice” water which does not belong to it; and it violates the Forest Rights Act, the Forest Conservation Act and the Environment Protection Act. All this is hardly surprising from a government that has shown time and again that it cares a fig for the rights of people.

But the true message of this decision has nothing to do with the “environment” alone. It is quite simple: when a government is faced with real democracy, when it confronts organised people’s power, it will brush aside law, constitution and environment to destroy it. POSCO, the government and the business media all agreed on one point – how could they possibly accept that people themselves could decide on the fate of a project? How could they tolerate the idea – now required by law – that the project could not take forests and forest lands without the consent of the local community? Bring on the guns and the numbers – 51,000 crores, etc. etc. – to justify brazen illegality. Never mind that an international study exposed that this project will destroy far more livelihoods than it creates. Never mind that an official enquiry committee said “such attempts, if allowed to succeed, will result in neither development nor environmental protection, but merely in profiteering.” Who needs to know the facts when bigger issues are at stake. The key question that jarred our nation’s “best minds” was – who are these people to say we cannot take their resources? So what if the law is on their side?

Today land and forests are too important to be left to democracy and the rule of law. Even as the resource grabbing proceeds apace, a great charade has been played out in the media between our supposedly “green” Environment Minister and our supposedly “anti-green” industrialists, all of whom, however, agree at the end: they must control the decisions, not the people. Even when they don’t, they will act like they do; thus, after six years of determined people’s resistance to POSCO, the entire media today talks as if the only opponent of POSCO in India was the Minister. January 31st exposed this “debate” for what it always was: a farcical dance between Tweedledum and Tweedledee. On the one side, a Ministry whose only consistent act has been to deny people’s rights; on the other, a big business class that knows only too well that the state is on its side (as a CII representative said, “We know most clearances get through”) but likes to deflect the debate away from the issues and on to personalities.

After the Vedanta mining decision, we called it “a victory for the heroic struggle of the Dongaria Kondhs and for the spirit of democracy; and a betrayal, because the government will not comply with its own words.” That betrayal has come true today. Whatever law, democracy and human rights exist in this country are a reflection of the struggles of people. The “rule of law” is upheld by resistance, not by the state. The same is true of environmental protection; it was people’s resistance that stopped Vedanta and it is people’s resistance that will stop POSCO. At least now let us not hear of “green” Ministries and caring policies; the mask has been torn off to show the face of pitiless greed underneath.

Manufacturing Sedition from Political Dissent: The Judgment against Binayak Sen

P A Sebastian, Analytical Monthly Review

Introduction

There have been moments when an event catches the public eye, and suddenly illuminates a process of decay and disintegration that has been proceeding in the background, slowly, step-by-step. The outrage and national attention focused on the conviction of, and imposition of life sentence on, Dr. Binayak Sen for “Sedition” is such a case. The process in question is the utter collapse of the majority of the Indian Judiciary into an agency of the political police.

Our reality is that the supposed “rule of law” has decayed into a sinister farce over vast areas: most notably Kashmir, Chhattisgarh, and much of the northeast. A police state regime that arose on the frontiers is slowly, step-by-step, extending itself into the core. The rot of corruption and injustice has now reached the heart. The immense significance of the judgment against Binayak Sen is that it strikes directly at whatever hope remains for a peaceful means of arresting, or even reversing, this deadly process.

Our responsibility is to insist on the right of political dissent, though without illusions. So long as the regime maintains the forms of the electoral exercise, of democratic rights, and of argued “judgments” in its courts, we must, as best we are able, strive to expose the substantive reality.

From this perspective we sought an informed legal opinion on the written judgment issued against Binayak Sen by second additional sessions’ judge, Raipur, B P Verma. P A Sebastian, a Mumbai-based lawyer and democratic rights activist, and a leading figure of the International Association of People’s Lawyers, its Indian constituent, the Indian Association of People’s Lawyers, and the Committee for the Protection of Democratic Rights, Mumbai, has provided for us the following analysis.

The charge against the accused in the case of Piyush Guha, Binayak Sen and Narayan Sanyal is that they have aided and abetted the Communist Party of India (Maoist), which has been banned under the Unlawful Activities (Prevention) Act.

The case starts with the arrest of Piyush Guha, a tendu leaf trader. The prosecution says that on 6 May 2007 the police superintendent, Raipur sent a wireless message to all the police stations under him that the police should closely search suspicious persons, suspicious vehicles, hotels, lodges, rest houses and dhabas. They were also directed to search thoroughly the street vendors, detain all suspicious characters and legally proceed against them. In the course of carrying out such a search, B S Jagrit, the inspector of Raipur police station, was told by an informer to keep an eye on all those walking towards the railway station. Then he says that he suddenly spotted Piyush Guha. The police stopped and questioned him on the basis of suspicion, but not receiving satisfactory answers, the police called one Anil Kumar Singh, a passer-by, and took both to the police station and opened the bag of Piyush Guha and found in his bag three magazines, a newspaper and three letters among some other things. Anil Kumar Singh, the passer-by, deposed before the court that he heard Guha say to the police that Binayak Sen used to meet Narayan Sanyal, one of the three accused, in jail and collect letters from him. Binayak Sen passed on the three letters concerned to Guha, who, in turn, passed on them to the CPI(Maoist).

The whole case revolves around this story which has many loopholes. Piyush Guha was produced before a magistrate on 7 May 2007 under Section 167 of the CrPC [Criminal Procedure Code]. He stated before the magistrate that he was actually detained on 1 May 2007, not on 6 May as claimed by the police. He was kept in illegal custody, blindfolded and incommunicado for 6 days in violation of CrPC, which stipulates that an accused should be produced before a magistrate within 24 hours of his arrest. He further said that he was picked up by the police not from the road leading to Raipur railway station as stated by the police but from Mahindra Hotel. The statement of Guha that he was picked up by the police from Mahindra Hotel is supported by the affidavit of the government filed in the Supreme Court while opposing the bail application of Binayak Sen.

However, the judge accepted the police claim that the statement in the Supreme Court (SC) was a “typographical error”. Here are two statements which are different from each other. Both of them were made on oath. A word, a figure or a few letters can be treated as typographical error. It goes against common sense and rationality to say that an important statement made in the SC on oath is typographical error. The second additional sessions’ judge, Raipur, B P Verma, has done a disservice by this statement to the Indian judicial system, which is already sinking under the burden of corruption and other misdemeanours.

The prosecution states that the police recovered three letters written by Narayan Sanyal and addressed to his party comrades from the bag of Piyush Guha. The only evidence produced by the prosecution in this respect is the deposition by one Anil Kumar Singh, the “passer-by” mentioned above. He said that the police called him by gesture and introduced to him a person called Piyush Guha. The police told him that Guha was a suspected person. Then they opened his bag and recovered some CPI(Maoist) literature and three letters, which later on the police claimed were written by Narayan Sanyal. Anil Kumar Singh further said that he overheard Guha say to the police that those three letters were given to him by Binayak Sen. The narration of the event shows that he did not know when the police took Guha into custody. When he saw Guha, he was already in police custody. He did not know whether the police had picked up Guha on 1 May and planted the letters and other articles on him. Yet the whole case rests on this Anil Kumar Singh assertion that he heard Guha say to the police that Binayak Sen had given him the letters. This hearsay has no evidentiary value. The statement made in police custody is not admissible against the accused. Once the police fail to prove that they caught Guha from station road, the whole edifice of the case falls.

Besides, Binayak Sen visited Narayan Sanyal with the permission of the senior superintendent of police. The prisoners are permitted to write letters. The restriction is that the prison authorities will read the letters and censor them, if necessary, before they are sent out. So the presumption is that the letters did not contain anything objectionable unless one concludes that the jail authorities collaborated with Sanyal to carry on illegal activities, in which case the judge should have asked the government to take legal action against the jail authorities. The judgment does not say whether the content of the letters was objectionable or not. No action could have been taken against the accused unless the content was unlawful. A discussion about the central point is missing in the judgment. Carrying letters from prisoners is not unlawful in itself.

Some of the things which the judge says are strange, and they do not go well with a supposed judicial mind. The judge refers to several people as Naxalites and treats them as criminals. There is no law in India or anywhere else in the world which defines the term “Naxalite” and treats them as criminals. However, the burden of the judgment is the term “Naxalite” and the inherent criminality of the term “Naxalite”. The judgment keeps on saying that Binayak Sen and Piyush Guha knew Naxalites and met them. The judgment uses interchangeably the terms “Naxalite” and CPI(Maoist) and concludes that Sen and Guha aided and abetted the CPI(Maoist), which is a banned organisation.

The judgment repeats that some letter or letters recovered from Sen’s house address him as “comrade”. The learned judge takes it for granted that “comrade” meant that Binayak Sen was a member or supporter of the CPI(Maoist). The English dictionaries state that “comrade” means an intimate friend or associate or companion. Does the judge know that Pandit Jawaharlal Nehru, Subhash Chandra Bose and Jayaprakash Narayan were addressed as “comrades”? Clement Attlee, the former prime minister of England, was addressed as “comrade”. One can rest assured that he does not know. Can India afford to have such judges to decide the fate of human life? The judgment is arbitrary to the extreme. It does not define the terms; it does not set up a nexus.

Just one instance will demonstrate the whimsicality and ideological bias of the judge: “Amita Shrivastav was a teacher in Daga Higher Secondary School two years ago. She came to the school through Ilina Sen who is acknowledged by Binayak Sen as his wife. She worked in the school for seven months and then stopped coming to the school. Amita had a CD related to the Second World War Nazi camps. This was shown to the students in the school. Later it was found that Amita was connected to Naxalites and had absconded”. It is really shocking that the judge interprets anti-Nazism as Communism. How did the judge know that she was connected to Naxalites and she had absconded? How did he know that she had not been abducted and killed by some criminals like Salwa Judum?

The judgment is full of such absurdities. Two examples will further illustrate the point. One case is the way he deals with a telephone conversation between Bula Sanyal and Binayak Sen. Bula Sanyal is the sister-in-law of Narayan Sanyal. The judge concluded from this that there was contact between Binayak Sen, the family of Narayan Sanyal and CPI(Maoist) supporters. Narayan Sanyal being a Naxalite the judge inferred that his whole family consisted of supporters of CPI(Maoist). Sen’s conversation with one of the family was sufficient proof that he was also a CPI(Maoist) activist. The contentions of this sort are really asinine.

The judge accepts the police version of Salwa Judum and says that it is not a state organised vigilante squad and is a spontaneous reaction of the tribals against Naxalites. The judgment indicates that “terrorism and oppression of the Naxalites increased so much that it became a question of life and death for the tribals of the area. Such reasons led to the launching of anti-Naxalite Salwa Judum campaign”. The judgment tries to explain what the ‘Salwa Judum’ means. “‘Salwa’ means peace and ‘Judum’ means meeting at one place for some specific purpose”. The judge makes reference to some articles seized from Piyush Guha and states that “they have demonstrated opposition to Salwa Judum and praised People’s Liberation Army and paid homage to the killed Maoist comrades”.

On the basis of such facts and logic, the judgment pronounces that Piyush Guha, Binayak Sen and Narayan Sanyal have committed sedition.

The accused have been punished under Section 124-A of the Indian Penal Code, which deals with sedition. It says that “whoever by words, either spoken or written . . . brings or attempts to bring into hatred, contempt, or excites or attempts to excite disaffection towards, the government established by law in India, shall be punished with imprisonment for life. . . .” A literal adherence to the Section makes every opposition to the government an offence punishable with life imprisonment. The Comptroller and Auditor General’s report states that the Indian state has lost 1.76 lakh crore because of the fraudulent dealings in the allotment of 2-G spectrum. A writ petition pending in the Supreme Court alleges that Rs 70 lakh crore has been deposited abroad to evade tax. These are enormous sums which could have made a difference to the quality of life which the Indian masses lead. Free education and free medical treatment are constitutional mandates. However, they have not been implemented on the plea that there was no money. If one articulates such matters, it naturally brings the government established by law into contempt and hatred and causes disaffection towards the government. It means that the vast majority of people can be prosecuted and jailed under this section. But where do we keep them? The whole country will have to be converted into the prison camp. Is this not an irredeemably absurd idea?

The constitutional validity of the Section 124-A the IPC has been challenged in the Supreme Court and the Court has repeatedly said that the sedition as defined under Section 124-A can be constitutionally tolerated only if the prosecution proves that the statement of the accused has led to violence. The judgment in this case does not even discuss the content of the letters allegedly recovered from Piyush Guha and whether he delivered them to the CPI(Maoist). If he delivered them to the party, the prosecution had to further prove that the letters led to such and such specific incidents of violence. The judgment is absolutely silent on such points. The judgment manifests the misuse and abuse of Section 124-A of the Indian Penal Code. A law which is so susceptible to misuse and abuse in raw hands or biased minds should be deleted from the statute book of India, which claims to be the largest democracy in the world.

This judgment is one more symptom of the ideological degeneration of the Indian judicial system. The judgment in the Babri Masjid case resorted to rule of faith in place of rule of law. In this case, the judge says that Piyush Guha has to prove that he was arrested from Mahindra Hotel on 1 May, not on 6 May and the letters were planted on him new through the prima facie evidence was in favour of Guha. The judge shifted the burden of proof to the accused, which violated the basics of the criminal justice system. The judgment indicates that the Indian judiciary is moving backward.

This article was first published in the January 2011 issue of Analytical Monthly Review

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A “Green Signal” for the Rape of Justice and the People: Environment Ministry Decision on POSCO

POSCO PRATIRODH SANGRAM SAMITI

Jairam Ramesh and the UPA government have shown their true colours with their decision today on the POSCO project. Ignoring the reports of its own advisory bodies and enquiry committees, violating its own orders and the laws of the land, this Ministry has shown that the naked face of corporate greed – not the “rule of law”, the “aam aadmi”, “inclusive growth” or any of these other lies – is what rules this country. The decision today can be summarised in one sentence: “Repeat your lies, give us promises that we all know are false, and then loot at will.”

We repeat: we will not give up our lands, our forests and our homes to this company. It is not the meaningless orders of a mercenary government that will decide this project’s fate, but the tears and blood of our people. Through the road of peaceful demonstrations and people’s resistance we have fought this project, in the face of torture, jail, firings and killings. If this project comes it will come over our dead bodies.

We note the following about today’s decision:

  • The Orissa government has been asked to give an “assurance” that the people of the area are not forest dwellers under the Forest Rights Act, after which the “final forest clearance” will be granted. The Orissa government has already lied on this count on numerous occasions. Indeed, the majority report of the POSCO Enquiry Committee said “The Committee finds that the government’s own records such as census reports and voters list confirm that there are both other traditional forest dwellers (OTFD) and forest dwelling Scheduled Tribes in the project area and the statement of the District Collector of Jagatsinghpur to the contrary is false” (para II.1, Conclusions and Recommendations). Even the dissenting member agreed that the Act had not been implemented. The same finding had been reached by the subcommittee of the Saxena Committee earlier. After the Ministry’s own enquiry committees have found the Orissa government guilty of lying, what is the meaning of saying the project can proceed if the liars repeat their lies?
  • This Ministry has earlier made a song and dance of respect for people’s views and environmental laws. Under the Forest Rights Act, the consent of the gram sabhas of the area is an essential requirement, and this was confirmed by the Ministry’s own order. Three different committees – the Saxena Committee, the POSCO Enquiry Committee and the Ministry’s own Forest Advisory Committee – all therefore said the clearance should be withdrawn. The Minister today claims that the project can go ahead if he and the Orissa government decide they want it to. So much for the law and for people’s rights.
  • On the environment clearance, we recall again the words of the majority Enquiry Committee, which said “Potentially very serious impacts …have not even been assessed, leave alone planned for…. The cavalier and reckless attitude of the concerned authorities to such potentially disastrous impacts is horrendous and shocks the collective conscience of the Committee….There appears to be a pre dominant belief that conditionalities in the EIA/ CRZ clearances are a substitute for comprehensive evaluation and assessment of the environmental impact by the authorities. Imposing vague conditionalities seems to be a way out for the various agencies from taking hard decisions on crucial issues.” Again, it is not us who said this – it is the Ministry’s own Committee! And yet this is exactly what the Minister has chosen to do.
  • Independent reports and studies by reputed academics have confirmed what we have always said – this project will be of no benefit to anyone except POSCO’s profit margins. But yet we find this being called a project of “strategic importance.” To whom?
  • Today the veil stands ripped open; the government stands exposed before the nation, a mercenary willing to put its regulations, officials and security forces at the disposal of the highest bidder. Let the UPA and the Central government answer: where is the rule of law today, in the name of which you crush struggles across the country? Where is your much vaunted love for the people and for the environment? What do you stand for if not for corporate greed?

    Slum dwellers in Bhubaneswar fight the police – A Report

    Satyabrata

    Two hundred and fifty-nine families (1195 people) resided in sixty year old Narayani Basti (slum near Unit 8 DAV School, Bhubaneswar) till the 29th of January 2011. On the 29th of January 2011, ten platoons of police with 9 platoons armed force and DCP and Commissioner of police went into the region and demolished the slums. Slum dwellers protested and many of them were seriously injured in their struggle against local goons and police who assaulted women. The police arrested hundred slum dwellers which included forty nine women. These women were kept locked in a van and were not allowed to leave the van for any reason. On the 30th of January local goons present did not allow either food or water to reach these people after they forcefully returned to their slums. Food prepared by the people from outside (Basti Suraksha Manch) was also not allowed to reach these people. The people organized themselves and started throwing stones at the local goons to get some time to collect and store food. Dodgers came again but this time failed to oust the organized masses. The people of the slums have now decided to take up arms (anything they have at their disposal, hammers, knives, etc) against anyone who tries to come to attack them.


    Courtesy: The Hindu

    These people living in the slums of Narayan Basti have been attacked by the police without Notice several times before. For the first time it happened in 16th of December, 2009 and since then there has been continuous opposition by slum dwellers against any attack by the forces of the Government. Through protests, they have been able to force dodgers back that had come to demolish the slums and this they have been able to do for about seven to eight times. The recent attacks before the demolition were made continuously from the 10th to 14th January, 2011.

    There are several such slums in Bhubaneswar who fear demolition and the Basti Suraksha Manch of Bhubaneswar is playing a leading role in organizing these people. According to the Basti Suraksha Manch, the demolition of these slums is illegal. According to Orissa Municipal Corporation Act Chapter 21, slums are classified as Tenable (which can’t be moved to other places) and Untenable (which can be moved to other places). The Narayan Basti slum is declared Tenable according to this act with its code being 3301 (every slum has a code). In spite of their having tenable status, the Government doesn’t even give alternative accommodation, rather, has a ‘transit house’ (about three kilometers away in Niladri Vihar) where these people will be given accommodation for 15-30 days only and will be left to their own. One can judge how the Government sees its people when one finds that these transit houses have two toilets for two hundred families.

    The following is a copy of the letter written to Chief Justice of Orissa High Court:

    The Honourable Chief Justice
    Odisha High Court, Cuttack
    Sub: Pray for justice

    Sir,

    49 women of Narayani Basti (Khandagiri PS, Bhubaneswar) are illegally detained in the Khandagiri PS at night(after sunset) on dtd.29.01.2011. Who were forcibly evicted from their slum in spite of High court judgment in writ petition(C) No. 11667/2010 and writ petition(C) No. 12723/2010.

    You are therefore, requested to kindly intervene the matter in the interest of justice.

    Yours faithfully,

    Pramila Behera
    Plot No. 1819 (opp N6/10)
    IRC Village, Bhubaneswar-15

    Lawful, Playful & Busy Delhi

     

    For a slideshow click on the photo…

    A Review of “Finding Delhi: Loss and Renewal in a Mega City”

    Ankit Sharma

    Bharati Chaturvedi (ed.) Finding Delhi: Loss and Renewal in a Mega City, Penguin Books India, New Delhi, 2010

    Delhi is often thought of as the culturally best endowed city in the country. It has had a rich heritage, from the Walled City of the Mughals (presently called Old Delhi) to the Lutyens’ capital of the British raj; now there are chains of multinational corporations working in the peripheral areas of the city, and the city has declared its “world-classiness”, reshaping its infrastructure to host the grand spectacle that was the Commonwealth Games. Hence, most writings on the city stick to celebrating the warm-heartedness of the “dilliwallas,” its ever increasing count of flyovers and shopping-malls. Weighed down by such images that flood the media Finding Delhi comes as a relief to its reader because it tries to engage with that part of Delhi that is left out in the sort of accounts mentioned above: the not too pretty underbelly of the Indian capital.  The book offers an account of the city culled out of the experiences of fourteen different writers, ranging from urban planners to informal-sector workers, concentrating on diverse urgent issues like public transport, women in the city, housing rights of the poor, problems faced by street vendors, and the situation of the homeless ahead of the Commonwealth Games. The writers try to represent the city from an unconventional angle, where they concentrate on the living conditions of the poor living in the city, and the damage done to their lives due to the infrastructural developments that have taken Delhi way “ahead” of cities like Mumbai and Kolkata. It can, in fact, be argued that the book aims to confront the middle class, whose India is “shining”, with this “other angle” in an attempt to make them to realize that the actual cost of this accelerated drive toward “development” is being paid by the poor, in the form of ever deteriorating living conditions; presumably the monologues of a waste collector, a domestic worker, a dhobi and a fruit vendor are included in book to fulfill this end.

    The book is divided into three parts: “Cityscape”, “Challenges” and “Experiences”. The first part explores how lines of class and gender demarcate the urbanFinding Delhi space. It begins with an article by Amita Baviskar that looks into how the newly reconfigured urban space of Delhi excludes the poor. She takes the example of the Vishwavidyalaya metro station, where an adjacent plot of land was allegedly allotted for a mall, when it could have been used as a park, or to house the poor. She elaborates her point by citing the example of the jhuggi-jhopdis near Majnu Ka Tila that were demolished in order to provide land for a private apartment builder. Our own experiences over the last few years offer us enough examples to buttress this point; for instance one can look at the manner in which the poor were not only neglected, but even hidden behind hoardings and posters during the CWG fiasco. This article is followed by a historical/analytical essay on Delhi from pre-colonial to post-liberalization times by Lalit Batra. Batra explores the history of the Delhi poor, and argues that the exclusion that, for instance, Baviskar speaks about is nothing new, and is an integral part of how the administration functions. For the state, land is capital, to be used optimally, and slums do not allow this optimum use, as a High Court ruling on land squatting proves.

    “Nobody should squat upon the land … [the] policy of relocation [is a] premium to unscrupulous elements in the society as on the one hand an honest citizen has to pay for a piece of land or flat and on the other hand on account of illegal occupation on the government land an encroacher is given premium by giving him a plot on the name of relocation … we direct the removal of jhuggis … “. (The High Court of Delhi, Case No. CWP 6160/2003)

    The next article also works along similar lines, arguing that the work that the poor do is absolutely essential to the city’s functioning, though the rich do not acknowledge this. It describes the workers who work in scrap-yards where old, now-useless items are recycled; now with the government giving out tenders to private companies, to dispose of this scrap, the employment of these people is in danger.

    The critique that these articles offer touch our “humane side” and force us to acknowledge that the poor are indeed hard done, and that something must be done for them, so as to ensure in Delhi, a perfect balance between “classiness” and humanity (presumably evidenced by improved life conditions of the poor); this is of course the balance wished for by all these writers. Herein, strangely, lies the problem with these critiques. The majority of these writers seem to call out to the middle-class to go beyond their “petty needs”, to feel for the condition of the poor and also that it is up to them to do “something” about it. They do not seem to understand that this compassion is itself premised upon the existence of these conditions. Capitalism creates inequality so that a small number of people can exploit and extract surplus value from a much larger number of poor people. The city, the ultimate symbol of modernity and of capitalism, is also the ultimate breeding ground for these social-relations. The editor of the present book claims that the main aim of the book is to provide a critique of the present developmental model adopted by the government; evidently the book offers not post-facto theorizations, but seeks to serve as a manifesto for concrete actions to be taken in the future, for the city’s benefit. Hence, the book has a special section called “Challenges”, in which authors highlight the issues which need to be addressed immediately. Sadly, though not surprisingly, this section of the book, that comes after the initial discussions of the pro-rich shaping of the city, moves straight to issues like cleaning of the Yamuna, and to the experience of a writer who spent an entire night roaming the streets of Delhi, looking after homeless people etc; despite the implicit insights provided by the earlier essays no mention is made of how capitalism and its state are responsible for these problems. Coming to think of it, even the earlier essays pose this question as one of reform; the incessant struggle between labor and capital that is reflected in the cityscape was un-mentioned and in essence it was argued that all problems could be solved if only the government were to look after the poor a little better. One writer, anxiously, even speaks of the possibility of the poor taking over Connaught Place, the India gate, and Gurgaon – what would happen then? The possibility of a revolution and a post-revolutionary state clearly make this writer uneasy. She is unable to appreciate the idea of a laborer controlling her/his labor – something which is common enough in NGO-type activism.

    At present, in India, large companies (Tatas, Birlas, Ambanis etc) are monopolizing all industries, and are now making a move even into the informal sector. It’s common to come across supermarkets like Big Bazaar, Reliance Fresh, Big Apple etc, and clearly local fruit and vegetable sellers are unable to compete with them. The case of the waste-pickers is evidence of the same state affairs. However the book does not take the reader beyond this level of appearances; which is to say that it does not go into causes. The causes that underlie this state of affairs are too deep, too endemic to this system to be solved by human goodwill (the leitmotif of NGO-activism).

    A couple of other articles, however, do seem to try go beyond the surface, and in that seem to be able to keep off turning these issues into questions of ethics and morality. For instance in an article titled “Delhi: Expanding Roads and Shrinking Democracy”, Rajinder Ravi tries to bring across to the reader the plight of workers who used to cycle everyday to their respective workplaces (anyone who travels from East to Central Delhi will be familiar with the sight of thousands of workers cycling to work through cycle-lanes). The changes that were brought in preparation of the Commonwealth Games destroyed the cycle lanes to expand roads. While to the “average” Delhiite (actually only the middle/upper class) the expansion of roads has come as a boon because they use cars and motorbikes to commute, for the lower class it has meant a move to the more expensive public transports of the city (not to mention the environmental cost involved in the move made from cycles to buses etc).

    Similarly in “New Delhi Times: Creating a Myth for a City”, Somnath Batabyal, a former journalist takes on the ever so active torchbearer of our society – the “Media”. The writer presents to us quite an interesting take on the media and the type of work that they do. He shares with us two instances where media houses were campaigning actively, and were believed to be the face of the aam-janata, the “Campaign for Clean Air” in the 90’s and the recent anti-BRT campaign. The writer speaks of how media personalities work according to the interests of the middle class, for a city in which the poor have little for them. The media that had once campaigned for a clean, pollution free environment turns coat the moment this idea of a “clean environment” comes into conflict with the “shining India” of the middle class, and jumps into a drive against the BRT, a project which, if properly managed could help control pollution by limiting the use of private transportation. As is rightly pointed, a majority of the bourgeois environmentalists and journalists live around the corridor and use it to commute to their offices everyday. Due to the construction of separate lanes for buses and cars, these drivers have a hard time on the road; this did not go down well with these media persons and hence the anti-BRT media campaign.

    The article mentioned above does try to look at least this one problem through the optics of class struggle; but because of the book’s attempt to present a “kaleidoscopic” view of perspectives coming from different ideological tendencies, its emphasis on solving the problems of the poor gets lost. Even the monologues from the informal sector workers get mixed up in this cacophony of perspectives and do not serve any purpose except giving an appearance of the editor’s “democratic” designs. Failing to connect apparent problems to the fundamental underpinnings of the system, such attempts fail to see how perspectives on these problems are also in some sense takes on the system. It is not enough to allow everybody to speak, since the interests of some, a priori are against the interests of the poor that they nonetheless may seem to defend. In the final analysis the sort of reformism that this attempt represents acts as a pressure release valve, to negate the possibility of genuinely transformative collective action. The book fails to rise above the philanthropy that is also called “social activism”, and in that fails to reach toward a useful plan of action. But to its credit, it does succeed in throwing a somewhat different light on the state of Delhi, in a situation where the state and its media are feeding us on a diet of neoliberal propaganda; for those used only to the “mainstream” it could offer a useful change.

    Ministry uses rhetoric of “community control” to hide the actuality of intensified state control

    Campaign for Survival and Dignity

    Much press attention in the last week has been devoted to the Environment Minister’s statements on “democratic forest management” and how the existing forest management system needs to change. Such statements are welcome, for they mark an official admission that India’s forest bureaucracy has impoverished millions and increasingly been an opponent of both forest conservation and forest dwellers.

    But what the Ministry says does not at all match what the Ministry does. Not only is the Ministry not moving in the direction of democratic management; it is moving against democratic management, while using the rhetoric of “community control” to hide the actuality of intensified state control.

    At a time when state control over forests and forest lands is a major weapon in the assault on people’s resources and livelihoods, this is not an arcane policy issue alone; it is one component in the ongoing intense struggle over deciding how we will use our natural resources and how we will define our society.

    A simple comparison throws up what is actually going on (click on links to know more about each issue):

    Issue What the Ministry Said What the Ministry is Doing
    Diversion of forest land for corporate projects One and a half years after passage of FRA, Ministry finally issues Aug 2009 order that requires FRA compliance i.e. recognition of rights and consent of gram sabha before land can be handed over * As per public minutes of Forest Advisory Committee, there is not a single project in which the Ministry has complied with FRA or its own order. In Polavaram, the FRA has been brazenly and publicly violated. In only one project has compliance even been considered – POSCO – but even after non-compliance has been exposed by three different committees, and five years of protest by the people, the forest clearance is still standing.
    * Meanwhile, there are ongoing attempts to get the order withdrawn.
    Joint Forest Management Throughout this year, including this week, statements by Minister that Joint Forest Management has become a Forest Department proxy and needs “reform.” * The reality is that there is only one nation-wide law that provides for democratic community control over forests – the Forest Rights Act(PESA provides even more extensive powers in Scheduled Areas). This supersedes all existing schemes. Therefore, if the Ministry is genuinely interested, the first steps for democratic control would be to shut down JFM, put the funds into the NREGA or other systems which permit local institutions to decide their priorities, and direct forest authorities to comply with local powers as provided in the FRA. MoEF would then have to join other Ministries in a coordinated effort towards democratic resource management, which is not MoEF’s domain alone.
    * What is happening is exactly the opposite. There is repeated talk of “revamping” Joint Forest Management (which has no legal validity), and this translates into giving JFM committees powers that actually belong to democratic institutions.
    * Even the basic fact that forest guards sit as the secretaries of JFM Committees, and their funds are controlled through the Forest Department, is completely ignored.
    In short, the Ministry is strengthening its proxies, not democratising them.
    Forestry Projects The Ministry repeatedly claims that the huge amount of money being poured into forestry projects will benefit forest dwellers and be spent in a “decentralised” fashion under “people’s control.” The money put into forestry includes money from the Compensatory Afforestation Management and Planning Authority (CAMPA) (1,000 crores per year), the proposed Green India Mission (46,000 crores in total), Japanese-funded “external” forestry projects, the National Afforestation Programme and the developing international REDD agreement. In every single one of these programs, funds are being channeled or are proposed to be channeled through JFM and the Forest Department, directly undermining democratic control and driving land grabbing. This is true in the case of CAMPA – despite a direct indictment by a Parliamentary Standing Committee. For details of other programmes see our statements on the proposed Green India Mission and the MoEF approach to REDD. If the Ministry is interested in democracy, why is it channeling funds to the very institutions that undercut democratic control – and this after it has itself said that they do so?

    The “forked tongue” approach that has come to characterise the forest bureaucracy and this Ministry is extremely dangerous. It blocks actual change by claiming to be engaging in it; and then it does precisely the opposite, cleverly garbed in the right terms and the right language. In the process, “participation” becomes a code word for devolving huge amounts of money to select individuals and sections of villages in order to create what are essentially state proxies and vested interests. Nor is this confined to the Environment Ministry; we now have a “Integrated Action Plan” for “developing” Maoist areas by putting thousands of crores into the hands of the very officials who have destroyed people’s lives and livelihoods, organised inhuman repression and violated all norms of democracy. In the long run, this approach is a formula for dividing communities, breaking resistance, undermining democracy and destroying resources. It may make sense for the interests of corporations and state machinery; but to the rest of us it is a formula for resource grabbing and destruction.

    Rapists roam free while victims and activists are jailed

    ML Update, CPI-ML (Liberation)

    Peasants, agricultural workers and women of Mansa district, Punjab observed New Year’s day this year with a protest gathering at the police headquarters in Mansa. Braving a severe cold wave, thousands of people gathered to protest a shocking situation where the rapists of a dalit minor girl roam free, while the woman activist who prevented the cover up of the rape case is in jail on false charges of ‘attempt to murder.’

    In mid-December, a 17½ year old girl from a poor Dalit family was lured by a havildar in Mansa to his house on the promise of employment, and subjected to gang rape by him along with three others including a local advocate, a trader, and a financier. When neighbours heard her cries and called the police, however, the police deliberately suppressed the rape case and instead booked both the victim and her rapists on charges of ‘loitering.’ Cases of rape and SC/ST atrocity were registered only two days later, after intervention by CPI(ML) and AIPWA activists. However, three weeks after the incident, the accused (apart from the havildar) were yet to be arrested, and, being influential locally, were bringing to bear all sorts of pressures and threats on the victim. Two other of the rape accused were arrested only on 4 January, following the protest rally at Mansa and the intervention of the central team of AIKM and AIPWA leaders, while the financier accused of rape is still at large. Worse still, the very same activists including AIPWA National Council member Jasbir Kaur Nat and National President of the All India Kisan Mahasabha Ruldu Singh, who helped book the rape case are now behind bars along with several other peasant leaders, on a patently false charge of ‘attempt to murder.’ The pretext for this was the fact that they raised slogans in Court against the main accused in the murder of a popular peasant leader, leading to a minor skirmish when police assaulted them.

    In the same area of Punjab some years ago, the dalit activist and singer Bant Singh had his limbs chopped off for supporting his daughter to pursue a rape case. The recent instance of rape of a dalit girl and victimisation of activists who pursued justice highlights the continuing strength of feudal survivals in Punjab. It also underlines the increasingly repressive response of the Akali Government in Punjab where every mass movement – of agricultural workers for homestead land, of peasants against debt – is me with mass arrests of leaders, activists and masses. What is happening in Punjab is also not very different from what is being seen in the rest of India – where scamsters, rioters and rapists roam free while activists like Binayak Sen are jailed.

    Punjab is no exception. Just recently, in BSP-ruled Uttar Pradesh, a 17-year-old OBC girl who accused the BSP MLA Purushottam Narain Dwivedi of rape is in jail on charges of ‘theft.’ The incident exposes the reality behind Chief Minister Mayawati’s claims of social justice.

    Meanwhile in Bihar, the BJP MLA from Purnea was stabbed to death by a woman who had filed charges alleging rape by the MLA and his associates some months ago. Police had taken no action on her complaint, and she had been pressured into withdrawing charges later. It is apparent that the woman was driven to take the desperate step because the chances of securing justice against a ruling party legislator were bleak. It is shocking that the BJP MLA’s supporters lynched the woman, critically injuring her, and that BJP leaders including the Deputy CM of the state have aggressively slandered the woman’s character while defending their MLA as a man of impeccable morals!

    The recent instances in Punjab, UP and Bihar are a reminder of the sorry state of affairs in India when it comes to justice in cases of violence against women in general and women from oppressed communities in particular. According to NCRB (National Crime Records Bureau) figures, the conviction rate in rape and molestation cases in India is a mere 27 per cent – about one in four cases. Likewise, the conviction rate for cases of atrocities against SCs and STs is abysmally low – less than 30 per cent against the average of 42 per cent for all cognisable offences under IPC.

    The national capital itself is witness to horrifying cases of rape, gang rape and other forms of violence on women. According to official figures, a rape takes place every day in Delhi, and 400 rape cases were registered in Delhi in 2010. The prevalent police attitude to such crimes can be gauged by the comment of celebrated police officer K P S Gill after the Dhaula Kuan rape case some years ago: Gill blamed women’s ‘provocative’ clothes for the rise in rape crimes in Delhi! The low conviction rates, trials that drag on for years, and insensitive police investigators who blame women themselves for such crimes, all empower rapists and molesters with a sense of impunity, the more so if the woman are from marginalised and oppressed communities, such as dalit and tribal women, or women from the North Eastern states.

    The CBI’s closure report in the case of murder of a teenage girl Arushi Talwar is yet another reminder of the apathy that marks investigations in cases of violence against women. The CBI had been called in after the Noida police botched up the investigation, but the CBI pursuit of the case also relied more on ‘confessions’ obtained from domestic servants through third-degree methods like narco tests than any professional investigative practices, and now the CBI has attempted to close the case file itself. If justice is so elusive for urban girls from reasonable well-off families like Arushi and Ruchika, whose cases got great media attention, one can only imagine what happens to cases of women from socially and economically weaker backgrounds. And if this is the state of affairs in rape cases where politically powerful people are not implicated, what of the cases where police and army forces are implicated in rape and violence against women? The young Manipuri woman Thangjam Manorama, raped and murdered by Indian army personnel in 2004 is yet to get justice. The rape and murder of two Kashmiri women — Asiya and Nilofar — in Shopian, Kashmir, last year had been subjected to a spectacular cover-up by the CBI, with the latter claiming that the two women ‘drowned’ in a stream six inches deep. In Chhattisgarh where Binayak Sen has been sentenced to life on no evidence, adivasi women who filed charges of gang rape against top Salwa Judum personnel live in terror, because their rapists are free while the women themselves along with their kith and kin are threatened that they will be branded as ‘Maoists’ and arrested or killed in fake encounters.

    Justice in violent crimes against women is non-negotiable. We must demand speedy passing of the Sexual Assault Bill, as well as fast-track courts to ensure speedy justice in such cases. Above all, we must build more and wider struggles to challenge the impunity and apathy that has become the hallmark of cases of rape and violence against women.

    Videos: Dismantling Democracy in the University (March 4, 2010)

    Following is the video of a seminar organised by Correspondence and Kudos, the Literary Society of Hindu College (University of Delhi) on 4th March, 2010 with the aim of initiating a discussion on radical student and university politics.

    View playlist on YouTube

    ‘The popular must redistribute the classic’: An interview with Prasanta Chakravarty

    Paramita Ghosh talks to Prasanta Chakravarty, who teaches in the Department of English, University of Delhi, on the current state and dynamic of the Indian publishing industry, contemporary fiction and the culture of reading.

    Paramita Ghosh (PG): Your project Humanities Underground is an attempt to rescue the Humanities from the skill-oriented courses that university education is slowly turning into. One would have thought this is more rampant in professional courses like management and so forth. But we see publishing, which is supposed to promote literature, is also going the same way with the birth of categories like chick-lit, books to be read in the metro, page-turners to be gobbled at the airport-lounge. How does one explain this attack or shift in emphasis in the arts/humanities/publishing?

    Prasanta Chakravarty (PC): First of all, Humanities Underground is a collective umbrella and much will depend on the enthusiasm of a large number of people who are in their own little ways being affected by this onslaught on the varied and nuanced world. It is also about nurturing a critical, oppositional edge that humanities provide. But we are not trying to rescue anything. No one can and should get in that kind of a saviour mode. It is an online forum for sharing ideas at this point, a venture to see whether there is enough interest in facing the variegated and uncertain world that we live in. The initial signs are quite encouraging. We are receiving a collective surge of questions and commentaries and from different parts of the country and the world too. Debates are happening. Our aim is modest at this stage: to create a space where interested people can share ideas and imagination and work out strategies in order to take on the rapid watering down of reading habits and writing styles, without being self-congratulatory.

    The shift you are referring to is interesting. Now I think this dichotomy between classical and popular is often fallacious. The idea of taste is often constructed. In that sense the emergence of the genre of novel itself in the 19th century was a popular venture, or the genre of ‘essay’, which started even earlier as a modest attempt to reflect and ruminate, is now solidly mainstream. So, in that sense this rush for chick-lit or graphic novels show an interesting shift and may become important markers of our times. But the point is about homogenisation. Young and old are often looking to merge in with the available, with the herd rather than look for possibilities. There indeed are publishers, often in regional literatures, who are still taking chances with the subtleties and criticality that literature, art and performance provide us. We have a generation of students who are not even bilingual though they routinely learn French or Sanskrit as a second language in school. What is this strange phenomenon? In Delhi University we are noticing with intrigue that some of our best students who receive astronomical grades in schools and colleges often cannot even write correct English, and notions of style have disappeared from the canvas all together. Humor, for instance, as an art, is a rare commodity. Something strange is happening which Humanities Underground is trying to fathom and explore.

    PG: Writing and being a writer is such a glamorous profession these days. Why does everyone want to be a writer? Has the increase in number of publishing houses, the volume of publishing, the appearance of so many literary ‘forms’ contributed to the sense that everyone has a story to tell, everybody can tell stories? Why has this particular approach to ‘form’ become so important in literature now?

    PC: There is this democratisation of writing in New India, which is great. This is not unlike the phenomenon that now our best cricketers and popular singers are coming from every region of the nation. Quizzards need not gruel in a Siddhartha Basu type format; KBC will and have replaced that kind of prime-time investment in the esoteric and variegated sense of trivia sharing. Literature likewise has become more user-friendly and accessible: from the potential authors’ standpoint as well as from the reader’s perspective. But this logic of massification, instead of democratisation and freeing literature from its shackles, is actually narrowing down possibilities. Shelf life has diminished and that is fine by the author and the publisher as long as they can fill it up with the next miraculous uproar. In actuality, forms are always changing, they evolve. The logic of this kind of assembly line plays safe and is often brilliantly finessed to homogenise forms. The argument is always democratic and making a quick buck for everyone, which is a formidable one to surpass. This is what we are witnessing in non-vernacular writing at this point. How many of us routinely read poetry or plays? The glamorous always stood out and reserved a maverick space at one point. That idea is being overturned by playing onto the logic of reaching out and by hammering accessibility.

    PG: Do you see this phenomenon as a lack? Does it have to do with our culture of reading, which is changing or is India really turning into a nation of writers?

    PC: Again, this is not a story of crisis. I would see it as a shift in sensibility as we, as a nation, accommodate to a more conservative and individualised time. I believe Indians still read a lot and a variety of things too. It is a truism that we are an extremely conscious people, politically and aesthetically. Good or hard-hitting artistic production will be appreciated at the end of the day. But that is not coming into focus because people who matter are actively interested in suppressing these factors. Some of our best minds are thus missing on the variety and depth and criticality that even contemporary literature provides. The popular always helps to redistribute the classic. The habit of being in touch with the enduring also means you are in touch with pulse of the everyday life. One is not opposed to the other.

    PG: Has the thin dividing line between popular/commercial and ‘high’ fiction confused Indians? A couple of decades ago, for example, a James Hadley Chase pulp story and a Graham Greene novel would not have the same production value, imprint and publishing hype—as they now do if we draw equivalences in current writings. Chick-lit space is eating into, say the shelf space that could accommodate the likes of Amitav Ghosh or Rohinton Mistry. We are producing more of the Chetan Bhagats than Vikram Seths.

    PC: Yes, it has perhaps. The confusion, as you call it, is deliberate and well worked out, as I said, but we cannot afford to be judgemental on the buyer and clamp down with the Seths and the Ghoshs of the world onto him. That will be an enormous exercise in misplaced condescension. And besides we all grew up on Hadley Chase and the likes! But we also read voraciously—all kinds of other stuff. That is the more difficult but sure-shot way of tackling the blundering homogeneity that we see in the marquee these days. The idea of choice is quite narrow, if seen closely. All conscious Indians must push each other to carry on with the habit of greedy reading. Old book stores and the newest one on the street are equally important institutions. Variety fosters thinking, and thinking, in turn, breeds criticality and opposition to our herd-instincts.

    PG: If one is to push a bit further, one notices two kinds of writers that are getting rejected—those who obviously can’t write, but also those who can ( I am thinking of radical/avant-garde) have little scope to be noticed. I guess I am making this claim because I find it really hard to believe that in 25-30 years of mainstream English language and fiction publishing we have few exemplary writers, and even those whom we can’t really claim as ours often. Why do you think ‘serious literature’ is no longer coming out of our publishing houses? Is the logic that no one is interested in more reflective stuff valid? What do your students in Delhi University, for example, read outside of their course work?

    PC: Yes, it is selective usage of the radical that the market prefers. Some writers are pegged as radical and hence their saleability. But I do not see much of avant garde writing in the modernist sense of the term in English langauge writing from India at least. Avant garde does not necessarily mean radical or let us say, such a kind of radicalism is much more bohemian (not busy and straightforwardly progressive) and experimental in form and style. I mean, G.V. Desani’s All about H. Hatter was truly avant garde. Not very often now in fiction we see that kind of devil-may-care approach, at least. You still see that, but in vernacular writings. Serious literature does come out of certain English press too but the problem is reverse: they are but too self-consciously serious. People who subscribe to them, missionaries of sorts, are likely to create a false dichotomy of the classic and the popular and wallow in their cocooned world.

    True, many of my students do think in terms of course work but a large section of them in fact indulge in all kinds of readings too: from philosophy to history to various forms of contemporary literature. Writings from Latin America, parts of Asia and Africa are extremely popular with many of my students, which I see as a continuity of sorts with the earlier generation. There is a fair investment in Urdu and Hindi, which is wonderful. Some of them invest in translated works. Many participate in a variety of literary and analytical activities on the internet. But as I said, reading habits often need some kind of jumpstart from time to time; the milieu has to be fostered. That could be done possibly by sharing and exchanging ideas, by deepening debates.

    PG: There has been a similar publishing culture in the West—similar turbulence and shifts, one would think. But why is it that in India there is no space or culture for promotion of independent, parallel publishing like, say, Zubaan and Katha? The US does, for instance, have a publishing house like poet Lawrence Ferlinghetti’s City Lights, does it not?

    PC: I am not an expert on publishing but there may be a variety of reasons. One, as always, it is really difficult to survive in India on a small publishing space even if you are idealistically motivated. In Kolkata, in the past few years, a wonderful independent publishing house has emerged: Gangchil. But they do not even have a temporary space to work on and distribution is a perennial headache. This is a pretty standard story all around the nation. City Lights has evolved over a period of time. It could have sputtered but for the brilliant editorial and marketing intervention of Nancy Peters in 1971. The point is independent publishing too must innovate and professionalise within its ideal and radical space. In India sometimes independent publishers have tried to come under a common umbrella for distribution and so forth. For instance, The Independent Publishers’ Group (IPG) is a partnership of 10 small/medium publishers and publisher-distributors based in Delhi that started a few years ago. Daanish, LeftWord, Samskriti, Social Science Press, The Book Review Literary Trust, The Little Magazine, Three Essays Collective, Tulika, Women Unlimited, Zubaan and Kali for Women comprise the IPG.

    Often more upcoming mainstream houses like Yoda, Navayana or Seagull are also publishing interesting and tantalising stuff. Or sometimes motivated zeal make things happen, where financial worries could be handled in other ways: as the Writers Workshop experiment has successfully depicted.

    The other side is readership. It is often difficult to build up a loyal and solid base of readers who would be interested in the forms of writings that independent press have often traditionally supported: poetry, pamphlets, non-fiction, plays and so forth. It takes time and energy for such a long haul. The investment is thankless. It is really a culture around the variegated that I return to, which one tries to develop and inculcate. Oppositional and critical publishing houses are fewer, as you say, but that space is more alive in the vernacular. It is possible to conceive such locales in the English speaking world too. I am hopeful.