The Movement of India: August - September 2012

THE MOVEMENT OF INDIA
August September 2012

Volume: 7 Issue: 3 Rs.20
News magazine of the National Alliance of Peoples Movements (NAPM)
Mahatma Gandhis essay reproduced Open Letter of Right to Food Campaign to PM on Exporting Food Grain
Public Hearing On Unorganised Workers Welfare Boards
An open letter to Naveen Jindal Travesty of justice in case of SEEMA AZAD Power Games on India's Coast: Report on IFC, ADB
financed Tata Mundra Power Project finds Gross Violations
FORTHCOMING EVENTS
9th biennial National Convention of NAPM
Venue: Green Salsabeel School, Thrissur, Kerala Dates: 2-4 November 2012 Contacts: 9818905316, 9447375279 or email: napmindia@gmail.com
Conference of Lawyers for Social Justice

Venue: Indore, Madhya Pradesh Dates: 25-26 August 2012 Organised by: Indore Institute of Law, Indore & NAPM Contact: 9212587159 or write to napmindia@gmail.com
Lessons from Japan Poster exhibition 2012

Organized by: NAPM, Asha Parivar & Vote for Health campaign Date: Hiroshima Day, 6th August | Venue: Lucknow, UP Contact: 9839990966, 2347365, email: ashaashram@yahoo.com
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TABLE OF CONTENTS
1. EDITORIAL: Which way lies hope? . 4 2. SPOTLIGHT: Open Letter of Right to Food Campaign to PM on Exporting Food Grain. 8 3. Public Hearing On Unorganised Workers Welfare Boards- 12 4. An open letter to Naveen Jindal 18 5. We are like this only!........................................... 21 6. Travesty of justice in case of SEEMA AZAD.. 22 7. Power Games on India's Coast: Report on IFC, ADB financed Tata Mundra Power Project finds Gross Violations.25 8. News and reports from the frontlines.. 27 9. Forthcoming events. 2
EDITORIAL TEAM SR Darapuri Joe Athialy Madhuresh Kumar Mukta Srivastava Clifton DRozario Rahul Pandey ADVISORY TEAM Medha Patkar Aruna Roy Sister Celia SG Vombatkere Garbriele Dietrich SR Suniti Sandeep Pandey Trilochan Sastry Ajit Sahi Neelabh Mishra
PUBLISHER Sanjay Mangala Gopal NAPM, Haji Habib Building, A-Wing, Naigaon Cross Road, Dadar (E), Mumbai 400014. Maharashtra DELHI ADDRESS NAPM, 6/6, Jangpura B, New Delhi-14. Ph: (011) 24374535
Email: movementofindia@gmail.com
Send in SUBSCRIPTIONS, SPONSORSHIPS, DONATIONS, & ARTICLES to: Dr Sandeep Pandey / Bobby Ramakant, C-2211, Indira Nagar, Lucknow 226016. UP Phone: +91 9839073355 bobbyramakant@yahoo.com
Contributions can be made through Cheques in the name of THE MOVEMENT OF INDIA 3|THE MOVEMENT OF INDIA
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EDITORIAL
Which way lies Hope ?

One of the key concerns of National We struggle and so we exist. Our existence Alliance of Peoples Movements (NAPM) is due to our struggle. Many ask, if there is since its inception has been challenge to a hope for our struggle for alternative the ongoing development paradigm. We development paradigm ask the other way: Is there a and predatory hope for this model of development practices. development being pushed We have been engaged by the governments and We bring to you in the struggle to not corporations? There is no a thought only challenge or put a hope for them! We bring to brake to this model of you a thought provoking provoking essay development being essay by MAHATMA GANDHI, pushed by the who has provided by MAHATMA government or big ideological basis to many of GANDHI, who corporation but to our struggles and our simultaneously visions. After years, this has provided propagate the idea of an remains as valid as when it ideological basis alternative was written! development. The way --------------------------------to many of our to development. Visible INDUSTRIALISM struggles and and symbolised in multitudes of struggles our visions Industrialism is, I am afraid, across the country from going to be a curse for saving fertile mankind. Industrialism NAPM agricultural land, depends entirely on your forests, mountains from capacity to exploit, on being mined and freeing foreign markets being open rivers from being to you, and on the absence damned and through of competitors. It is because numerous constructive programmes, these factories are getting less and less thoughts and actions. every day in England that its number of unemployed is mounting up daily. The We will converge, assess, think, sing and Indian boycott was but a flea-bite. And if celebrate our struggles and programmes at that is the state of England, a vast country 9th biennial National Convention of NAPM like India cannot expect to benefit by at Green Salsabeel School, Thrissur, Kerala industrialization. In fact, India, when it between 2-4 November, 2012. We invite begins to exploit other nations as it must you to come and join us at this momentous do if it becomes industrialized will be a occasion specifically focussing on the curse for other nations, a menace to the alternatives to development and world. And why should I think of development alternatives being practised industrializing India to exploit other by millions of people in this country. nations? Dont you see the tragedy of the situation viz. that we can find work, for our 300 millions unemployed, but England can
find none for its three millions and is faced with a problem that baffles the greatest intellects of England? The future of industrialism is dark; England has got successful competitors in America, Japan, France, and Germany. It has competitors in the handful of mills in India, and as there has been an awakening in India, even so there will be an awakening in South Africa with its vastly richer resources natural, mineral and human. The mighty English look quite like pigmies before the mighty races of Africa. They are noble savages after all, and the in the course of a few years the Western nations may cease to find in Africa a dumping ground for their wares. And if the future of industrialism is dark for the West, would it not be darker still for India? What is the cause of the present chaos? It is exploitation, I will not say, of the weaker nations by the stronger, but of sister nations by sister nations. And my fundamental objection to machinery rests on the fact that it is machinery that has enabled these nations to exploit others. In itself it is wooden thing and can be turned to good purpose or bad. But it is easily turned to a bad purpose as we know. Indeed, the West has had a surfeit of industrialization and exploitation. The fact is that this industrial civilization is a disease because it is all evil. Let us not be deceived by catchwords and phrases. I have no quarrel with steamships and telegraphs. They may stay, if they can, without the support of industrialization and all its connotes. They are not an end. They are in no way indispensable for the permanent welfare of the human race. Now that we know the use of steam and electricity, we should be able to use them on due occasion and after we have learnt to avoid industrialism. Our concern is therefore to destroy industrialism at any cost. There is a growing body of enlightened opinion which distrusts this civilization which has insatiable material ambition at
The present distress is undoubtedly insufferable. Pauperism must go. But industrialism is no remedy. The evil does not lie in the use of bullock carts; it lies in our selfishness and want of consideration for our neighbours. If we have no love for our neighbours, no change, however, revolutionary, can do us any good
one end and consequent war at the other. But whether good or bad, why must India become industrial in the Western sense? The Western civilization is urban. Small countries like England or Italy may afford to urbanize their systems. A big country like America with a very sparse population perhaps cannot do otherwise. But one would think that a big country, with a teeming population and with an ancient rural tradition, which has hitherto answered its purpose, need not, must not copy the Western model. What is good for one nation situated in one condition is not necessarily good enough for another differently situated. One mans food is often another mans poison. Physical geography of a country has a predominant share in determining its culture. A fur coat may be a necessity for the dweller in the Polar Regions; it will smother those living in equatorial regions. The present distress is undoubtedly insufferable. Pauperism must go. But industrialism is no remedy. The evil does not lie in the use of bullock carts; it lies in our selfishness and want of consideration for our neighbours. If we have no love for our neighbours, no change, however, revolutionary, can do us any good. I would destroy that system today, if I had the power. I would use the most deadly weapons if I would believe that they would
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destroy it. I refrain only because the use of straight and simple. If plain life is worth such weapons would only perpetuate the living, then the attempt is worth making, system though it may destroy its present even though only an individual or a group administrators. Those who seek to destroy makes the effort. men rather than manners adopt the later and become worse than those whom they European civilization is no doubt suited for destroy under the the Europeans but it will The incessant search for mistaken belief that the mean ruin for India, if we manners will die with the endeavour to copy it. This material comforts and men. They do not know is not to say that we may their multiplication is such not adopt and assimilate the root of the devil. may be good an evil, and I make bold to whateverof assimilationand Industrialism on a mass capable by scale will necessarily lead us as it does not also mean say that the Europeans to passive or active that even the Europeans themselves will have to exploitation of the will not have to part with villagers, as the problems whatever evil might have remodel their outlook, if of competition and crept into it. The they are not to perish marketing come in. incessant search for Therefore, we have to material comforts and under the weight of the concentrate on the village their multiplication is such comforts to which they are an evil, and I make bold to being self-contained, manufacturing mainly of say that the Europeans becoming slaves. use. Provided this themselves will have to character of industry is maintained, there remodel their outlook, if they are not to would be no objection to the villagers using perish under the weight of the comforts to even the modern machines and tools that which they are becoming slaves. It may be they can make and can afford to use. Only that my reading is wrong, but I know that they should not be used as means of for India to run after the Golden Fleece is exploitation of others. to court certain death. Let us engrave on our hearts the motto of a western I do not believe industrialization is philosopher, plain living and high necessary in any case for any country. It is thinking. Today it is certain that the much less so for India. I believe that millions cannot have high living and we the independent India can only discharge her few who profess to do the thinking for the duty towards the groaning world by masses run the risk, in a vain search after adopting a simple but ennobled life by high living, of missing high thinking. developing her thousands of cottages and living at peace with the world. High I have heard many of our countrymen say, thinking is inconsistent with complicated that we gain American wealth but avoid its material life based on high speed, imposed methods. I venture to suggest that such an on us by mammon worship. All the graces attempt, if it is made, is foredoomed to of life are possible only when we learn the failure. We cannot be wise, temperate art of living nobly. and furious in a moment It is not possible to conceive gods inhabiting a land Whether such plain living is possible for an which is made hideous by the smoke and isolated nation, however large geographical din of mill chimneys and factories and and numerically in the face of a world, whose roadways are traversed by rushing armed to the teeth, and in the midst of engines, dragging numerous cars crowded pomp and circumstance, is a question open with men who know not for the most part to the doubt of skeptic. The answer is what they are after, who are often
absentminded, and whose tempers do not improve by being uncomfortably packed like sardines in boxes and finding themselves in the midst of utter strangers, who would oust them if they could and whom they would, in their turn, oust similarly. I refer to these things because they are held to be symbolical of material progress. But they add not an atom to our happiness. Pandit Nehru wants industrialization, because he thinks that if it is socialized, it would be free from the evils of capitalism. My own view is that the evils are inherent in industrialism, and no amount of socialization can eradicate them. As I look at Russia where the apotheosis of industrialization has been reached, the life there does not appeal to me. To use the language of the Bible, What shall it avail a man if he gain the whole world and lose his soul? In modern terms, it is beneath human dignity to lose ones individuality and become a mere cog in the machine. I
want every individual to become a fullblooded, fully developed member of the society. The villages must become selfsufficient. I see no other solution if one has to work in terms of Ahimsa. Now I have that conviction. God forbid that India should ever take to industrialization after the manner of the West. The economic imperialism of a single tiny island kingdom (England) is today keeping the world in chains. If an entire nation of 300 millions took to similar economic exploitation, it would strip the world bare like locusts. Indias destiny lies not along the bloody way of the West, of which she shows signs of tiredness, but along the bloodless way of peace that comes from a simple and godly life. - MK GANDHI ----------------------------------------------------
THE MOVEMENT OF INDIA TEAM
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SPOTLIGHT
Open Letter of Right to Food Campaign to PM on Exporting Food Grain

NEW DELHI, JULY 5: The Right to Food shores at all and get diverted instead, Campaign is shocked at the Cabinet either in the black market domestically or Committee on Economic Affairs (CCEA) sold back to the Government agencies at decision on 3rd July, 2012, of approving the Minimum Support Prices (MSP). This is a export of two million scam foretold, tonnes of wheat from that the CCEA has We are appalled that the the Government stock, given advance according to reports in Government of India is choosing to approval to. the media. We are subsidise exports of wheat in order This subsidy is in appalled that the to liquidate stocks rather than Government of India is addition to the 7 choosing to subsidise million MTs of distribute it to the starving exports of wheat in food grains that order to liquidate your Government multitudes in India. Subsidised stocks rather than has exported exports essentially mean that the distribute it to the between starving multitudes in September 2011 Indian Government is taking a India. Subsidised and March 2012. conscious policy decision to exports essentially mean that the Indian This unjust provide subsidy to cattle in the Government is taking a decision of industrialised countries (which will exporting grain at conscious policy decision to provide cheap prices to be the use that food grain from subsidy to cattle in the the global India will be put to) rather than industrialised markets, instead countries (which will provide it to the poorest of the poor of ensuring that be the use that food food reaches all citizens in the country. grain from India will and nobody goes be put to) rather than hungry in the provide it to the poorest of the poor country, was taken by a committee headed citizens in the country. by the Chairman of your Economic Advisory Council, Mr. C Rangarajan. We were certain The past experience with such food grain that this decision would be rejected by the subsidies (especially through the private Cabinet. But have been taken aback by agencies) has been that exporters are likely today's decision particularly when it is well to resort to false invoicing to create a known that India has the largest number of paper trail of the exports when in reality hungry people in the world with a rank of all of this grain is likely not to leave Indian 67 out of the 81 countries ranked in the
International Food Policy Research Repeat of NDA Years when 28 MT of food Institutes 2011 Global Hunger Index. It is was exported as cattle fodder at below BPL home to one in every third malnourished prices child in the world, with a child undernutrition rate that is double that of subSubsidised exports as recommended by the Saharan Africa. And yet the policy Rangarajan Committee and endorsed now recommendations emerging by the CCEA will mean a and subsequently the repeat of the NDA years, with The Indian support of this decision by the Indian state willing to give the Food ministry continues Constitutions right to a higher per capita subsidy to to suggest that the solutions pigs and cattle in life as spelled out in provided are worse than the industrialized countries rather problems in hand. Article 21 entitles all than feed the starving millions in India. The Committees BACKGROUND: WHY WE residents in India to a other recommendation of OPPOSE THIS: allocations of food grains to right to food, states at prices which they especially when we In 2001, the People's Union can ill afford and with for Civil liberties, Rajasthan conditions attached will mean have overflowing brought to the attention of that these stocks (like special godowns. Eleven the Supreme Court through ad hoc allocations in 2011-12) its case 196/2001- a string of years and more have will remain untouched. The hunger-related deaths, Rangarajan Committees passed since, and showing the paradox of recommendations seem to hunger amidst plenty, with cover up the actual intention yet we are more than forty million of allowing exports even confronted with the metric tonnes of unused though the people of our grains lying in government country go hungry. same situation that warehouses. This resulted in we had then. the Supreme Courts PRESENT STOCK POSITION decision to convert nine food and work and nutrition programs into legal The estimated stock position in Central entitlements. The heart of the PUCLs case Pool has already crossed 80 million MT. The was that the Indian Constitutions right to buffer norms plus strategic reforms life as spelled out in Article 21 entitles all required as on 1st July, 2012 are only residents in India to a right to food, required to be 31.9 million MT. FCI and especially when we have overflowing State agencies have neither the storage godowns. Eleven years and more have capacity nor the man power to manage the passed since, and yet we are confronted substantial increase in stocks in the Central with the same situation that we had then. Pool. A large amount of grain continues to be stored in the open in Covered Area Like in the years, 2002-04, Government of Plinth (CAP). The CAP cover system is the India is holding grain reserves that are system whereby the grains are stored in the expected to touch 80 million MTs. This is in open, on a raised plinth and covered in danger of rotting in the open, with existing tarpaulin/ polythene. It is a temporary storage capacity unable to cope with the storage solution and can weather not more huge rise in procurement and production than one season of storage. In 2010, 39.98 this year. million MT of wheat was stored in covered godowns, while only 0.42 milliom MT was stored in Covered Area Plinth. In 2011, 15 times more wheat i.e., 6.43 million MT was
stored in CAP. As on 1st June, 2012 it is estimated that 231.82 million MT of wheat will have to be stored in CAP as against 116.38 million MT which will be stored in covered godowns. The rotting of such food grains has once again been brought to light through a series of reports in the media. NON IMPLEMENTATION OF THE SUPREME COURT ORDERS BY CENTRE AND STATES AND ITS ANALYSIS Despite unambiguous orders from the Supreme Court last year to Government to distribute the grains, we are distressed by the disregard shown by the Union of India and the State Governments regarding the implementation of the Supreme Courts orders, and the abysmal implementation of these orders till date. Only 10% (0.6 million MTs) of the grains have been lifted of the total from the 5 million MTs of grains allocated to be distributed last year as of 31 March 2012. The states of Andhra Pradesh, Assam, Arunachal Pradesh, Maharashtra, Meghalaya, Orissa, Uttar Pradesh have lifted less than 5% of the total allocation of additional food grains. States of Bihar, Haryana, Manipur, Tripura, West Bengal have lifted less than 25% of food grains. The principal problem why the State Government could not distribute the grains to the poor is two-fold. First, the problem of identification of the poor in the poorest districts and second the rate at which the foodgrains were offered to the State Governments by the Government of India. Third is the ad hocism of the whole measure where state governments fear that they will be faced by an angry, discontented public (read voters) after a year when allocations are stopped. All these problems can be dealt with by the Government of India if it universalizes the PDS in these 200 districts and provides it to the State Governments at AAY rates (Rs.3 per kg for rice and Rs.2 per kg for wheat) and also ensures that reasonably long term assurances of continued allocations for the
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Despite unambiguous orders from the Supreme Court last year to Government to distribute the grains, we are distressed by the disregard shown by the Union of India and the State Governments regarding the implementation of the Supreme Courts orders, and the abysmal implementation of these orders till date. Only 10% (0.6 million MTs) of the grains have been lifted of the total from the 5 million MTs of grains allocated to be distributed last year as of 31 March 2012.
next few years are made. While the principle of exclusion to exclude 10 percent of the households could have been ideally used even in these districts, the administration will take at least a year before such identification can be done. Waiting for such a list to emerge will mean depriving the remaining 90% of the households from subsidized food leading to hunger. The Supreme Court had observed in its order of May 14th, 2011 that: A number of cases of malnutrition and starvation are reported from time to time. Subsidized food is really meant for this section of our society. . The Honorable Court had also further observed that: Admittedly in the 150 poorest districts of India, the problem of malnutrition is very intense and is related to the inadequacy or lack of food in those areas. The Union of India must provide adequate food grains for
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these 150 poorest districts, on a priority basis ONLY SOLUTION UNIVERSAL ACCESS BEGINNING WITH THE POOREST TWO HUNDRED DISTRICTS Distribution can only improve if there is a simple mechanism which focuses on inclusion of the most vulnerable food insecure populations rather than the one which is currently followed of allocations based on BPL estimates of populations using an unreasonably minimalistic poverty line cut-off of per capita per day Rs.32 in urban areas and Rs. 26 in rural areas, respectively, per capita per day. This is considered normatively adequate by the Planning Commission The Rangarajan Committees recommendations need to be seen in this light. The allocations of 8 million Mts at BPL prices and 2 million Mts for the APL serve little purpose since States are unlikely to lift these foodgrains at these prices. Indeed, it is a thinly veiled attempt to open the flood gates for further exports at a later date citing the non-lifting of food grains by the State Governments as a reason. The immediate distribution of grains to prevent further loss due to rotting can only be done expeditiously and judiciously by directing the governments to universalize the access to the Public Distribution System at least in these 200 districts. The problem of correctly identifying the real poor is so grave that according to GOI, almost 60% of the non-poor have been given BPL cards. Therefore it is safer to live with a few errors of inclusion of the nonpoor in the eligible list rather than exclude a large number of the poor. In any case, in the 200 districts, the number of poor identified by the minimalist poverty line of the Planning Commission, vary from 50 to 84%, and therefore the additional burden of
giving grain to everyone at the subsidised rates is very limited. The Right to Food Campaign urges you to reject the recommendations of the Cabinet Committee on Economica Affairs and insists that the Government ought not to export the grain and instead distribute to all resident in the 200 poorest districts in the country at AAY prices. WE ARE:
The Steering Committee of the Right to Food Campaign:
Annie Raja (National Federation for Indian Women), Anuradha Talwar and Gautam Modi (New Trade Union Initiative), Arun Gupta and Radha Holla (Breast Feeding Promotion Network of India), Arundhati Dhuru and Ulka Mahajan (National Alliance of Peoples Movements), Asha Mishra and Vinod Raina (Bharat Gyan Vigyan Samiti), Aruna Roy, Anjali Bharadwaj and Nikhil Dey (National Campaign for People's Right to Information), Ashok Bharti (National Conference of Dalit Organizations), Colin Gonsalves (Human Rights Law Network), G V Ramanjaneyulu (Alliance for Sustainable and Holistic Agriculture), Kavita Srivastava and Binayak Sen (Peoples Union for Civil Liberties), Lali Dhakar, Sarawasti Singh, Shilpa Dey and Radha Raghwal (National Forum for Single Womens Rights), Mira Shiva and Vandana Prasad (Jan Swasthya Abhiyan), Paul Divakar and Asha Kowtal (National Campaign for Dalit Human Rights), Prahlad Ray and Anand Malakar (RashtriyaViklangManch), Subhash Bhatnagar (National Campaign Committee for Unorganized Sector workers), Jean Dreze and V.B Rawat (Former Support group to the Campaign), Ritu Priya (JNU)
Representatives of Right to Food (State campaigns):

Veena Shatrugna, M Kodandram and Rama Melkote (Andhra Pradesh), Saito Basumaatary and Sunil Kaul (Assam), Rupesh (Bihar), Gangabhai and Sameer Garg (Chhattisgarh), Pushpa, Dharmender, Ramendra, Yogesh, Vimla and Sarita (Delhi), Sejal Dand and Sumitra Thakkar (Gujarat), Abhay Kumar and Clifton (Karnataka), Balram, Gurjeet Singh and James Herenj (Jharkhand), Sachin Jain (Madhya Pradesh), Mukta Srivastava and Suresh Sawant (Maharashtra), Tarun Bharatiya (Meghalaya), Chingmak Chang (Nagaland) Bidyut Mohanty and Raj Kishore Mishra, Vidhya Das, Manas Ranjan (Orissa), Ashok Khandelwal, Bhanwar Singh and Vijay Lakshmi (Rajasthan), V Suresh (Tamil Nadu), Bindu Singh (Uttar Pradesh) Aug Sept 2012
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Public Hearing On Unorganised Workers Welfare Boards
A Public hearing on Unorganized Workers Welfare Boards was held on 26-05-12 in Nakkeerar Arangam, SRMU, Egmore Chennai from 11am to 5pm. It was organized by Unorganised Workers Federation. The Panel comprised of Justice Prabha Sridevan, (Retd) Madras High Court, Sri. M.G. Devasahayam, IAS (Retd.), Prof. Saraswathi, Prof. Shanmuga Velyudam and Dr. P. Neelavalli. Trade union representatives and unorganized workers from the construction industry, domestic workers, street vendors, workers in the handloom sector, stone quarry, basket weaving, sanitary workers, members of the Narikuravar community who work on artistic items and bead work, Pudiraivannar occupational and social groups of the unorganized sector among others. The participants were drawn from various districts such as Chennai, Tiruvallur, Kanchipuram, Villupuram, Cuddalore, Tiruvarur, Nagapattinam, Perambalur,
Salem, Karur, Coimbatore, Madurai and Tuticorin. They deposed through 28 oral testimonies, written depositions from 154 workers & representatives and represented a large number of affected unorganized workers. The welcome address was delivered by the UWF Secretary R. Leelavathy, who set the context being unregulated, unorganised sector and unprotected conditions of labourers. The Inaugural session was presided by Sri K. Balakrishnan, UWF Patron. Sri. Vellayyan President of Traders Federation delivered the inaugural address saying that the livelihoods of the street vendors and traders need to be protected through a ban on foreign investment in retail trade and also welfare measures including credit need to be provided through welfare boards, thus the
livelihoods and social security are twin issues before the unorganized sector workers. BACKGROUND OF THE ISSUE: Unorganized sector employs 2 crores of workers in Tamil Nadu and over 40 crores in India, with women and children constituting over 40%. This sector covers a range of occupations from construction, agriculture, handlooms, fish, salt, domestic, street vending, forest, sanitary, dhobi, service occupations, home based work etc. and create 65% of GDP but not even 1%, let alone 3% of budget gets allocated for their social security. Even though they are in various occupations they have no identity and are invisible on records. Further the sector now has a high presence of migrant workers and child labor. There are many concerns of the unorganized sector that continue to remain unaddressed in the State and the public hearing was conducted to highlight such concerns and provide recommendations in this regard. FINDINGS FROM THE DEPOSITIONS: Unorganised workers, in the various occupations, have no identity and are invisible on records since there are no work records and so registration is an important felt need. Also the insecurity of employment and wages are noted in the various kinds of wage labour, be it construction, employing the biggest number of migrant labour, domestic, sanitary, handloom, etc. Also, child labour and bonded labour are seen in many occupations. So, regulation of employment and wages acquire significance and that is provided in the Tamil Nadu Manual Workers Act 1982. The sectoral Boards and Schemes were notified under the Act but the Schemes notified do not reflect the special needs of the sectors but are a copy of the list of schemes for construction workers and even
Unorganized sector employs 2 crores of workers in Tamil Nadu and over 40 crores in India, with women and children constituting over 40%. This sector covers a range of occupations from construction, agriculture, handlooms, fish, salt, domestic, street vending, forest, sanitary, dhobi, service occupations, home based work etc. and create 65% of GDP but not even 1%, let alone 3% of budget gets allocated for their social security.
for construction workers the regulation of employment and wages as well as safety are totally missing. The Central Acts for building and other construction workers are not being implemented and the petition is pending before the Supreme Court. Except for construction and auto, no levy is being collected in occupations to make the boards self-sufficient and even the small contribution by workers was scrapped. Now even the welfare boards have not been constituted by the new Government. According to the depositions, even the inadequate schemes were to some extent getting implemented earlier but in 2008, there seemed to be a move to weaken the welfare boards through 3 GOs, 122, 123 & 124 through which the registration was put under VAO verification, resulting in delays, rejections and migrant labour being shut out of welfare boards. These GOs also resulted in administrative problems arising out of combining the welfare boards at the district level while earlier, separate staff for construction and for other welfare boards, taluk level staff were administering. Age certificates are to be issued by civil surgeons and not by govt doctors at municipal/PHC level, while it is
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impossible to get age certificate from civil surgeon. Among the construction workers who deposed, the migrant workers from AP and Odisha reported that even after working in and around Egattur, they are unable to get ration cards and unable to register with welfare board since the VAO is not willing. Also they reported cases of rape of small children and that after the intervention of NCPCR, the earlier Govt along with UNICEF brought out a policy on migrant child labour but not implemented the same. Other construction workers complained of non-payment of accident relief while it must be noted that construction is hazardous, the Welfare board should intervene effectively not only to prevent accidents but also to provide relief at the earliest. In fact, since levy is collected from all sites, it was brought out that there should be compulsory registration of workers, including migrant workers. Pension was reported to be delayed for years, due to revenue involvement and there was a plea that it should be 15 days wages. It was disturbing to hear of illegal detention of a domestic worker who was falsely charged of theft in Bodi (Theni District). As far as the domestic workers, ILO convention and recommendation as well as a national policy give a new direction but the special needs of domestic workers are not taken into account by the welfare board. Even the minimum wages fixed by a govt committee was not notified by the earlier Govt. The sexual harassment at workplace is not being addressed by the separate welfare board. It is observed that a large number of application forms given for registration of welfare cards (which would provide the identity) of unorganised workers are long pending, not systematically processed and given on time, along with it is also the renewal of cards and claims, neither of these are provided in a seniority basis. So
The social security of these workers are on stake as they are not provided with any basic amenities, housing facilities, sanitation, and often prone to disease and sickness, children being affected to a large extent. The struggles they face are because of improper functioning of the welfare board which does not take into consideration their pleas and claims.
numbering of registration and claim applications must be the primary concern, and catered under seniority basis. Benefits such as accidental relief, educational, maternity, and death assistance are not getting implemented and the claims are often delayed for years pushing the workers into being indebted forever. Unfair rejections were also reported. It was reported that pension applications are long pending and it is unfair that even the small pension is denied to unorganized workers after decades of hard toil. The social security of these workers are on stake as they are not provided with any basic amenities, housing facilities, sanitation, and often prone to disease and sickness, children being affected to a large extent. The struggles they face are because of improper functioning of the welfare board which does not take into consideration their pleas and claims. Narikkuravars, obviously a tribal group, is not considered as ST in Tamil Nadu and that was voiced in their deposition. They seem to be very vulnerable, their livelihoods is questioned because of various atrocities they face. They are condemned, and harassed by the police officials while they sell their traditional materials on roadside or in trains, and this is their only source of income since they are marginalized from forests. Though they are
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issued with license for hunting, they cannot execute it for they are booked under Wild Life Act. They seem to have no proper housing and child labour and child marriages are on the higher side. Sanitary workers are not provided with any protective guards while they work, and so they become vulnerable to various diseases, besides they toil while being paid low wages as they work under contract basis and they want to be employed as permanent labour. Street vendors and pavement dwellers are exploited on various levels. The basket weavers are harassed in forests while they collect resources they are demanded with huge amount and when selling them they are chased, harassed and arrested by the police, apart from being homeless. They seek protection, license and shelter. They are unable to register in welfare board since they have no ration card. Salt workers, though are employed on lands owned by central govt, which collects salt cess, the workers seem to be paid low wages for their hard work in the hot sun and suffer from skin diseases and even blindness. They pleaded for monsoon allowance since they do not get employment for 6 months, due to rains. They also live in pitiable conditions in small huts. Women workers are sexually harassed at their work places, they are paid low wages and are made to work for long working hours. Hence these issues of discrimination must be dealt in their respective welfare boards. RECOMMENDATIONS BY THE PANEL TO THE STATE GOVERNMENT: 1. Since 92% of State's workforce is in the unorganised sector, government must immediately formulate a comprehensive policy framework for this sector that has
of State's workforce is in the unorganised sector,

government must immediately formulate a comprehensive policy framework for this sector that has diverse segments, in consultation with concerned stakeholders and experts and establish worker-friendly institutions and administer them in a honest and transparent manner.
diverse segments, in consultation concerned stakeholders and experts establish worker-friendly institutions administer them in a honest transparent manner. with and and and
Since 92%
2.a)As per the provisions of the T. N. Manual Workers Act 1982, employment and wage regulation, dispute resolution and social security should be implemented by the respective welfare boards. b) A system of levy and a small contribution from workers should be collected in all welfare boards. c) All welfare boards with registered women workers should form Complaints Committees on sexual harassment in every district. 3.a) The registration and claims of persons of the unorganized sector must be with the labour depts. Since registration and claims have been affected due to the inclusion of Revenue Department in the welfare board and the independent relevance of separate welfare boards has been lost due to the G.O.s 122,123 and 124 (2008), these G.O.s should be withdrawn.
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b) All unorganised sector workers, including migrant workers, should be registered with the respective welfare boards. c) The benefits such as accident relief, assistance for maternity, natural death, education and marriage, pension etc., should be provided to the workers within a stipulated time frame, on a seniority basis (within three months of application). The deponents stated that even replies were received after years and some were lost. Hence, there should be a grievance redressal mechanism in every welfare board to deal with delays, denials, unfair rejections and to render justice. There should be monthly meetings in DCL offices in every district with trade union representatives to make the system participatory. 4.a) ESI should be extended to all unorganized workers through the welfare boards so that they could avail medical, sickness, maternity assistance and accident relief. b) Pension should be provided to all registered workers and the amount should correspond to fifteen days wages or 3000 Rs. maternity assistance should be given, based on minimum wages. Accident relief should be given to all victims of all types of accidents and not only to those who have more than 40% of disability. c) Workers in construction, salt-pans etc., whose employment gets affected during monsoon, should be provided with contributory monsoon allowance as in the case of fish-workers. d) Decent housing should be provided to all unorganized workers and patta provided to hut dwellers and pucca houses with basic amenities, while all the pavement dwelling labourers in cities should be provided with shelters. 5.a) In construction sector, as per the Central Act, one percent cess should be
The benefits such as accident relief, assistance for maternity, natural death, education and marriage, pension etc., should be provided to the workers within a stipulated time frame, on a seniority basis (within three months of application). The deponents stated that even replies were received after years and some were lost. Hence, there should be a grievance redressal mechanism in every welfare board to deal with delays, denials, unfair rejections and to render justice. There should be monthly meetings in DCL offices in every district with trade union representatives to make the system participatory.
collected from all, including Central Government construction, with arrears from 1995. b) Provision of safety and amenities at work-site and protection of migrant labourers and their families from exploitation and harassment should be ensured. c) The Policy on migrant child labour has remained on paper and should be implemented in T.N. 6. In the context of ILO convention on domestic workers 2011 and draft national policy on domestic workers the Tamil Nadu Government should fix minimum wages and the Domestic Workers Welfare Board should take steps to implement the national policy in Tamil Nadu and form complaint
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committees on sexual harassment in every district as well as a helpline. 7. The Street Vendors Welfare Board, apart from registration of vendors, must involve the local bodies and provide license, vending space, credit and shops to the registered vendors, on the basis of National Policy on Street Vendors. 8.a) The State and Central Govts should take immediate steps, to give Narikkuravas ST status. b) A separate Welfare Board for Narikkuravas should be activated to ensure protection from police harassment and other forms of obstruction while promotion of education, skill training and alternate livelihoods including fashioning bead jewellery, (to hunting) should be undertaken through self-employment and cooperatives. Narikkuravas girl children should be given special attention in terms of education through KGVE. c) The Railways must consider giving the Narikkuravas a special pass or identity proof so that they can sell their products without any hindrance or harassment in stations and trains.
9. Puthirai Vannar Welfare Board should be activated to ensure release from the traditional bondage through provision of land, milch animals and housing. 10. Bonded Labour in stone quarries, brick kilns, rice mills etc. should be identified, and their release and rehabilitation measures including land, housing, and other resources like quarries to pursue their traditional avocations in a cooperative manner provided through welfare boards. And those bonded labourers released from other states and brought back to TN should be provided with release certificates and rehabilitation measures. 11. Sanitary workers who are employed on contractual basis should be regularized by the Civic bodies and paid equal pay for equal work and manual scavenging abolished.
Geetha Ramakrishnan, UWF

(UWF is a member of NAPM with its presence in many districts of Tamil Nadu. Email: nmpsangam@yahoo.co.in)
Bonded Labour in stone quarries, brick kilns, rice mills etc. should be identified, and their release and rehabilitation measures including land, housing, and other resources like quarries to pursue their traditional avocations in a co-operative manner provided through welfare boards. And those bonded labourers released from other states and brought back to TN should be provided with release certificates and rehabilitation measures.
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An Open Letter to Naveen Jindal

* On 25th January 2012
just before the Republic Day, 4000 unarmed, displaced people including women went to Jindal Steel Plant's gate in Angul, Orissa to demand their right to livelihood and life with dignity. But in the presence of police, they were attacked physically by the security guards of Jindal company without any provocation. Several villagers got seriously injured in the attack.
On July 7th goons of Jindal Corporation fired at Shri Ramesh Agrawal who along with his organisation Jan Chetna Manch has been at the forefront of opposing various operations of Jindal Steel and Power in Raigarh district, Chattisgarh. The incident sparked condemnation from various organisations and individuals, including NAPM, across the country. Earlier also at the behest of company Mr. Agrawal was jailed for more than two months and was chained to his hospital bed, sparking widespread condemnation and criticism from rights groups across the country.
oozing from his forehead. Another video shows a laborer lying on a hospital bed with his broken leg, moaning from an unbearable pain, and unable to work for next three months. I was seized with uncontrollable anger and shame as I watched these videos. I was ashamed of myself that while all these atrocities were being perpetrated, I was powerless to stop them. And who was the target of my anger? This I will describe in this letter. Mr Jindal, According to one survey, you are the richest person in this country. You make more than 66 crore rupees annually. That comes to more than 5 crore rupees per month. As per Government economists, any villager who earns more than Rs 28 per day is not considered poor. So according to the Government, your income is 66000 times the income of an average person above the poverty line.
Dear Mr Jindal,
I just finished watching a few videos showing security forces mercilessly beating villagers in Orissa, along with some heartrending pictures of the attack. One of the pictures was of a year and a half old child with a broken foot, another of a seventy year old woman with her blood drenched face, and yet another of a tear stricken eighty year old man with blood
I cannot believe that you are so much richer than a person earning Rs 28 a day because you work 66000 times harder. You acquired your ill-gotten wealth by robbing the indigents of this country of the resources hidden beneath their lands, and by selling them. Do you see any difference between a hood who knives and robs someone on the one hand, and you who rob the poor by shedding their blood, on the other? You may disagree, but the poor on whom you have unleashed such brutality with the help of police and local hoods, cannot see even an iota of difference. The civilized urban dwellers of this country are awed by your patriotism because the Supreme Court of India, as per a case filed by you, passed a judgment according to which every citizen of this country can hoist the tricolor every day at his or her home. But do you think that people mercilessly beaten by your hoods would be enthused to hoist the tricolor when the police and the Government who swear by it forcibly acquire their lands, and anyone brave enough to ask for compensation is brutally beaten by your hoods, and the police stands by silently during this open and ferocious attack on the public. Mr Jindal, this tricolor is symbolic of the equality between you on the one hand, and the millions of poor people of this country for whom you have nothing but contempt, on the other. You should be thankful that the indigents of this country are not aware of this powerful symbolism, or else they would have grabbed you by the collar, dragged you out from your palatial dwellings, beaten you and brought you to the police station where the station in charge would have thrown you in prison, had his oath to the tricolor been sincere. But, Mr Jindal, it is clear you insist on
soaking this tricolor with the blood of innocent people. Don't you dare to turn the tricolor red. Otherwise the poor will drench this tricolor in their own blood, fly it, and then stand you in a queue, where you will be forced to work all day like other poor people to earn a daily wage of Rs 28. You run a management college. Do your students know that a vast gulf separates what your college teaches, and the barbarism inherent in your own 'management style'? Do the students of the Jindal Global Law School know how its founder routinely tramples upon and has complete contempt for Law and Constitution. In order to intimidate and harass villagers demanding compensation, you entrap them in false cases in faraway provinces, so that no one would dare to raise their voice against you. Before every land grab, your hired goons brutally attack anyone who dares to raise their voice against you. You bribe the police who throw such activists in prison. Just a few days ago, the Chhattisgarh Hight Court filed a summons against you, but given the contempt your company has for the Law, it did not even accept the notice. How can they even dare to serve the court order, when it is your money that pays for all the police vehicles in the Raigadh district, and when it is your
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money that has built all the police stations? Do you also teach the Law students in your college such brilliant ways to circumvent the Law? To facilitate land grab for your benefit, the Junglemahal region of West Bengal is now infested with Government troops. These poor soldiers are now fighting against the poor people of the region resisting the armed might of the State. The poor are killing each other. When this brutal war is over, when the poor have killed each other to the last, and when you have seized their lands, you will sell the precious mineral wealth underneath these lands to foreign multinationals. You may call this lawless looting business as usual. But your violent, brazen and shameless deeds are continuously stoking the anger of millions in this country. We will make every effort to channel this anger lest it dissipate, so that they can realize the ideals of equality, and social and economic justice which form the bedrock of our Constitution, and so that India becomes a real democracy rather than the pathetic caricature it has become, where the faux symbolism of the tricolor matters more than its meaning. If, after reading this letter, you think that I am wrong, I am willing to engage in a public discussion with you on these issues.
pradesh faces protest from farmers since the company had bought the lands at throwaway prices. At Asanboni in East Singhbhum district, people are engaged in struggle against Jindal Steel, which wants to set up 5 MT steel plant over 3,000 acres of land with an investment of Rs 20,000 crores. Jindal Ecopolis's Timarpur-Okhla waste-to-energy project in New Delhi faces protest from residents and also are found violating environmental law. In Raigarh district, Chhattisgarh protests have been there for a long time now against its 1000MW power plant, and steel plant. JSWs Salboni, West Bengal project, which would comprise a 600 MW (megawatt) captive power plant and 1,000MW independent power project along with a 10 MTPA Steel Plant has failed to take off due to protests, economic slump and amidst allegation of illegal occupation of tribal and forest land.
Himanshu Kumar, is a human

rights activist who has worked for more than two decades in Bastar, Chattisgarh and can be reached at vcadantewada@gmail.com (Translated from Hindi to English by SANJEEV MAHAJAN, USA)
Other Instances of Conflict involving Jindal Group of Companies

Jindal Cement plant at Bilakala Gudur near Gadivemula in Andhra
To facilitate land grab for your benefit, the Junglemahal region of West Bengal is now infested with Government troops. These poor soldiers are now fighting against the poor people of the region resisting the armed might of the State. The poor are killing each other. When this brutal war is over, when the poor have killed each other to the last, and when you have seized their lands, you will sell the precious mineral wealth underneath these lands to foreign multinationals.
We are Like this Only!

The recent by-election results have numbed my senses and I am in a sense of delirium. But I should not be shocked for it should have been predictable. For, we are like this only. Like this new programme on a popular TV Channel proclaims; We love our Bad Boys. Is it the popular cinema that has continuously glorified violence and debauchery that has helped in this numbing of our sense of right and wrong? Or is it the cynicism that has crept into the minds of one and all, that well what the hell, who ever sits there doesnt make much difference to us, so lets make hay while the sun is shining (meaning here making the moolah!)? I would attribute this to a disease that has crept into each and every section of us, that is the end only matters, means can take a walk. There was a time, when even the richest of the rich in Hyderabad, would not show off. So, it was very normal for a super rich businessman (mostly marwadis those days), to be walking on the streets, in simple attire like a dhoti and kurta. It was very tough to make out the whos who. Simplicity and humble behaviour were seen as the hallmark of great persons. Thus, I still remember, finding the behaviour of people in cities like Delhi quiet a contrast where the external presentation of a person was far more important than anything else. That has of course, changed tremendously in the past two decades. The unleashing of the power of money above all else, has changed the way we looked at money. And what matters today, is not how you made your money, but how much is in your kitty. Thus, it is no wonder then, that people think nothing about corruption. Yes, we all talk about Corruption, for its the buzz word. Its a great fashionable item of the day: which the middle class will forget a few months down the line, when they are too tired of this new fad. Coming back to the issue of we love our bad boys the larger than life cinema of the Telugu's has ensured that he alone is a hero who has the capacity to kill people. Time was when a hero of the Telugu cinema was one with virtues he didnt smoke, drink, was upright and honest and always behaved respectfully towards the women artistes. Compare that with the Hero of our timeshe would be a goonda, or an encounter specialist, a don, a mawaali or at least a cheat. He doesnt blink twice while killing people with the sword or the latest weapon of the day, and of course behaviour towards the women folk the less said the better. I was in conversation with a young auto rickshaw driver a couple of months ago he said, that he bought the tickets of a latest film for Rs.300 in black, while he paid, Rs.1500 for another film of the same hero some time back, for a ticket that would otherwise cost Rs.50. His earnings in a month are about 5,000. When I questioned him on why he spent such a huge sum, he said, Well, its good time pass. Both films hinge on the killing capacities of the hero. While watching the film made by a friend of mine, I was aghast that the hero chops off the villains hands towards the end of the film. When I asked her on this, she said, Well he has to demonstrate his heroism to some extent at least. I am beginning to wonder what came first, the dilution of values in the society or the brainwashing of these new values via media and cinema. Whatever it may be, the world we live in has changed so much that winning is all that matters, the means or of no use to anyone. Thus, whether a winner is a killer or corrupt is of no consequence to people anymore. People who want to be continuously drugged, in order to escape the realities of life, where the larger than life images of Tollywood, come in front of them in flesh and bloodthey are still drugged, thinking that the show is continuous. Thus, they only feel theirs is the job of an audience to simply partake in the tamashabe it elections, or governance Our immense capacity to get emotionally hooked to unreality as opposed to reality, our penchant for escapism, is the psychology that drives us to accept the temporary free lunches, goodies and liquor as opposed to looking at long term impacts of our decisions as electorate. We do love our bad boys, and believe it is all just another story to escape into. No wonder then that politicians dont have to work too hard to be in the good books of the public. They just need a good tear jerker story to capture their audience! Saraswati Kavula, a film maker and activist is
State co-convener of NAPM Andhra Pradesh and can be reached at skavula09@gmail.com
Travesty of Justice in Case

of SEEMA
AZAD
her B.A. and a masters degree in On 8th of June 2012, Additional District psychology from Allahabad University. In Judge, Sunil Kumar Singh, presiding officer 1995-96, she became active in student and of the District and Session Court, gender politics. Seema remained active on Allahabad, pronounced life imprisonment the womens liberation front till 2001. The to 36 year old Seema Azad, writer and bonds forged with the revolutionary editor of Dastak (a monthly students movement magazine) and the continued till 2004. This Judgement has Organising Secretary of the Seema made her own once again exposed how choice in marriage and People's Union for Civil Liberties (PUCL), Uttar married Vishwavijay and the Indian Security Pradesh, for waging war left home. She got rid of against the Government of Establishment, the Police the caste identity India and for offences reflected and the Intelligence are related to being a member working in tandem with a in her name and replaced and supporter of a terrorist organisation. Her husband her surname, Srivastava, section of the Judiciary Vishwavijay too was with Azad. With her zeal and that any arrest made and passion for the similarly sentenced. The Judgement came exactly suffering, she went in the name of Maoism after the two had spent amongst the people to and Terrorism can be twenty seven months (two write about their lives, years and three months) in their struggles, their justified by invoking the Naini Jail, Allahabad. dreams. Her constant draconian laws like the effort was to ensure This Judgement has once publication of ordinary UAPA and the colonial again exposed how the peoples struggles in era security provisions of newspapers. She wrote Indian Security Establishment, the Police regularly for many the Indian Penal Code. and the Intelligence are newspapers in Allahabad working in tandem with a that prominently featured section of the Judiciary and that any arrest her reports. Seema also became a part of made in the name of Maoism and Terrorism movements associated with human rights can be justified by invoking the draconian and those that were taking place against laws like the UAPA and the colonial era the exploitation and oppression of peasants security provisions of the Indian Penal and workers. In 2006, she decided to bring Code. Through this judgement there is also out a magazine which she decided would an attempt to send a warning to all privilege peoples movements and socioactivists of their fate if they are going to political thoughts. The magazine, Dastak, be questioning Government policy or hold became a part of the movement. She also alternative views. joined the PUCL branch in Uttar Pradesh in 2009 where she was entrusted with the Seema Azad was born as Seema Shrivastava responsibility of the Organising Secretary. on 5th August 1975, soon after the emergency was imposed. She completed
Around the time of Seemas arrest, there was a generation of youth in Uttar Pradesh that was vocal in raising human rights issues, the profiling of Muslims, Corrupt politics, a plundering economy, growing social insecurity, violence-inciting politics, the manipulations that politicians resorted to for winning the votes of Dalits and Minorities and then oppressing the same people: all these were creating anger and discontent amongst people. Such a reaction was seen as a threat by both the centre and the state. Seema Azads was also one of the names that were a part of the protest. The case of Seema Azad and her husband Vishwa Vijay is based upon instructions from higher authorities to arrest them. Seema has been accused of being an active member of the CPI (Maoist) and that she overlooks literary work and publicity and she motivates other women to join the organization. Her husband Vishwavijay has been accused of being the chief of the State Organising Committee of the CPI (Maoist) under Sections 18/20/21/23(2) of the Unlawful Activities (Prevention) Act 1967 and Sections 120B/121/121A of the IPC. Seema and her husband were arrested on 6th February 2010 when she had returned to Allahabad from Delhi. Her husband had come on their two wheeler moped to receive her at the railway station. Outside the station, they were approached by the police; her belongings, money, Dastak magazine, cell phone, camera were forcibly taken away and taken to Khuldabad P.S. at Allahabad. Her backpack laden with books purchased from the Book Fair at Delhi was also taken away. The police prepared a false seizure list that included documents and literature that was not in her possession along with clothes and money that were with her. The books that she had bought from the Delhi Book Fair were never returned to her or made part of the seizure memo.
The only material or evidence against the two accused was the recovery of some documents, some money and a camera. The investigating agency was not able to make any headway in the case and did not find any evidence whatsoever after lodging the FIR. The documents and the other material recovered at the time of arrest were sealed in separate covers, which were to be produced in the court as evidence. The material was tempered with in as much as during investigation the seals were broken without any order of the magistrate on the pretext that the prosecution wanted to have zerox copies of the documents for their perusal. After this tampering, the prosecution was left with no evidence at all.
The only material or evidence against the two accused was the recovery of some documents, some money and a camera. The investigating agency was not able to make any headway in the case and did not find any evidence whatsoever after lodging the FIR. The documents and the other material recovered at the time of arrest were sealed in separate covers, which were to be produced in the court as evidence.
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The material was tempered with in as much as during investigation the seals were broken without any order of the magistrate on the pretext that the prosecution wanted to have zerox copies of the documents for their perusal. After this tampering, the prosecution was left with no evidence at all. According to story framed by the police, Seema Azad and her husband were at the railway station at 9.30 pm on the 6th of February in order to board a train to Kanpur for a CPI( Maoist) meeting of Bihar, Jharkhand and UP representatives, where some important leaders who were wanted were also reaching. As per their claims, their sling bags (jholas) contained some literature ostensibly published by the CPI Maoist party. (Interestingly the FIR claims that the policemen as per the rules carried out a search of each other and only after being satisfied that nobody had anything that could be planted that they searched the two. There was a woman constable who searched Seema). Interestingly according to the FIR they both stated to the police (supposedly while standing at the railway station) that they were activists of the CPI Maoist party and that they wanted to establish Maoist rule by overthrowing the state and that it could only be achieved through an armed resistance. Even if the recovery of some documents and a mobile on 20.7.2010 be deemed to be evidence within the meaning of Evidence Act, mere recovery of documents cannot prove the offences with which the two accused were charged. The Judgment pronounced by the sessions court at Allahabad in the case of Seema Azad and Vishwavijay is a perfect example of how a large number of half-truths, inadmissible evidence, procedural violations and an obnoxious piece of legislation can convert a free citizen into a threat to national security.
After two and a half years of the aura of terror built here around the arrest, denial of bail and the recent sentencing to life of Seema Azad and Vishwavijay, the Seema Vishwavijay Rihai Manch was successfully formed and a programme was held recently at the historic StudentsUnion Hall of the Allahabad University. The Seema Vishwavijay Rihai Manch, originally intended to be a peoples forum at the level of Allahabad or at the most, the state of Uttar Pradesh, has turned into a countrywide coalition, not without firm roots among mass organizations and democratic formations of students, peasants, workers and various sections of the intelligentsia and the active participation of the leadership of the Peoples Union of Civil Liberties (PUCL), the Committee for the Release of Political Prisoners (CRPP) and other organisers. The four central slogans of the Rihai Manch and the campaign are : 1. Release Seema Azad and Vishwavijay forthwith and unconditionally; 2. Release all the prisoners incarcerated under the draconian Acts and Sections of the law; 3. Repeal the UAPA and other draconian Acts and Sections of the law; 4. Stop the ongoing state repression of peoples struggles all over. It has also been decided to organize a Convention in the state capital Lucknow at the end of July or beginning of August, another convention at Allahabad towards the middle of August and the celebrations on Seema Azads birthday August 5 and programmes in Delhi and other places.
This note is based on the critique of the judgement prepared by PUCL PUDR and information provided by
KAVITA SRIVASTAVA
For more details write to kavisriv@gmail.com
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Power Games on India's Coast

Report on IFC, ADB financed Tata Mundra Power Project finds Gross Violations
It is a well-known fact that World Bank has been pushing for the water privatisation in various countries by lending to water corporations and prescriptions and recommendations for water sector reforms to governments. The Bank has facilitated water grabbing too by having funded more than 500 dams in 92 countries and with its continued investment in thermal and hydro power plants continues to threaten the right to water of communities. International Finance Corporation, IFC, the private lending arm of the World Bank has been involved in direct and indirect funding of a number of the power plants in past few years. One such project is being developed by Tata Power in Mundra, on the coast of Kutch, Gujarat inside the Mundra Special Economic Zone (SEZ) developed by Adani. Machimaar Adhikar Sangharsh Sangathan (MASS), a fish workers group, has been struggling to defend their livelihood sources and save the coasts from complete destruction by construction of nearly 22,000 MW capacity power plants in a 70 km stretch. An independent fact finding headed by Retd. Chief Justice of Sikkim High Court, S N Bhargava investigated the claims made by MASS of gross social and environmental violations by the Tata Power. The team's report titled as 'the Real cost of Power' heavily criticised the role of the company and the financial insitutions backing the project. It said the (Tata Mundra Ultra Mega) project has disproportionately high social, environmental, and economic costs. The company, the licensing agencies of the Government of Gujarat and India and the national and international financial institutions have either ignored or willfully neglected the high social and environmental costs and did little to mitigate them. The report further added, the Social Impact Assessment and Environmental Impact Assessment are misleading and erroneous, having excluded a large number of communities whose loss of livelihood was overlooked. Cumulative impact studies required to understand the overall impacts were not done. The governments and the IFIs are equally complicit in the violations by the company. The panel recommends that International Financial Institutions should undertake an immediate review of the project to examine adherence of their safeguard polices; until such a review is done, their financial assistance to the project should be suspended. Among the banks in question are the International Finance Corporation (IFC) and the Asian Development Bank (ADB). Apart from the Justice Bhargava, other members of team included Dr. Varadarajan Sampath (former Ministry of Earth Sciences Advisor of the Government of India); distinguished journalist and author Praful Bidwai; Jarjum Ete (former Chairperson of Commission for Women in Arunachal Pradesh), and Soumya Dutta (National Convener of the Bharat Jan Vigyan Jatha). The team visited Mundra in April and May 2012, met senior company staff including its CEO Mr. KK Sharma, held meetings with affected communities and perused voluminous documents to inform its findings. It needs to be noted that MASS has already filed a complaint with the ombudsman, CAO of IFC, which is investigating the violations by the company since June 2011.
Tata Mundra Power plant is one amongst the many thermal and nuclear power plants to be set up along side mainland India's 5700 kms coastline. Nearly 55,000 MW of coal and gas based thermal power plants and 15,800 MW of nuclear power plants are either built or are in different stages if development alongside India's coast apart from numerous ports, chemical industries, SEZs, refineries, and urbanisation. All these power plants will utilise water from the sea and also the ground water. These plants will release hot water, radioactive material and other industrial pollutants with massive adverse implications for the marine ecology and the coastal eco-system which will in turn threaten the livelihood of millions of the fishworkers, salt pan workers, pastoral and farming communities. The report in findings also mentioned, the project has caused drastic reduction in fish catches, destroying the livelihoods of local fisher-folk. Available fish-catch data indicate considerable reduction in fish catch in the past three years since the adjacent Adani plant was commissioned, which has been exacerbated by the partial commissioning of Tata Mundra. Communities fear total loss of aquatic wealth when the project is fully operational, along with their livelihoods as fisher-folk in clear violation of IFC policies. Urging the Government of India and Gujarat to put a moratorium on permission to any more industry/power plants in Mundra / Kutch urged the international financial institutions to undertake an immediate review of the project to examine adherence of their safeguard polices; suspend financial assistance until such a review is done; putting in place an
independent monitoring mechanism to ensure strict compliance of their safeguard policies. It added, meanwhile, the national financial institutions should adopt social and envir onmental policies and implement them scrupulously in this project. The implementation should be monitored by independent agencies, which include the affected people's representatives. The report is a timely warning for unplanned growth on India's coast and a complete disregard for comprehensive environmental and ecological assessment, since the impacts will not remain limited to the coasts itself and will impact life and environment in hinterland too. One can only hope that under the resistance and pressure from people's movements and various other institutions the governments will pay attention. World Bank and other IFIs and national Banks and FIs, like State Bank of India, India Infrastructure Finance Company Ltd., Housing and Urban Development Corporation Ltd., Oriental Bank of Commerce, Vijaya Bank, State Bank of Bikaner & Jaipur, State Bank of Hyderabad, State Bank of Travancore, State Bank of Indore and ors can't continue to hide behidn the government laws and regulations. They have to take responsibility for the businesses they fund and support through the public money. The report hopefully will feed in to the CAO process and MASS members will have respite from the destruction unleashed on their shores by the corporations like Adani, Tata and others.
Madhuresh Kumar, is National

Organiser, NAPM and based in New Delhi and can be reached at kmadhuresh@gmail.com
Communities fear total loss of aquatic wealth when the project is fully operational, along with their livelihoods as fisher-folk in clear violation of IFC policies.
News & reports from the frontlines

MAZDOOR-KISAN PANCHAYAT
the oustees having completed the sowing of maize, jowar, moong and choula seeds on about 55 acres of the government land occupied by them since November 24th, 2012. After facing unjust submergence of their standing crop, land and houses in the hilly areas of Alirajpur and Badwani districts since 1994-95 due to the SSP, and after prolonged mass actions, litigation, dialogue with the State etc, the oustees at last began this Satyagraha in order to assert and realize their legal right to land based rehabilitation, with cultivable, irrigable, suitable and un-encroached land and house plots in adjacent developed re-settlement sites as per the Narmada Tribunal Award and Judgements of the Supreme Court. It is significant to note that during the 9 month long Satyagraha on the land owned by the Jobat Agricultural Seed Farm, Dehedla, the oustees already reaped one harvest of wheat and maize crop during March 2012. Fearing earlier High Courts strictures for violating the right to peaceful agitation of the oustees through brutal lathi-charge, the state government has so far not shown the temerity to use force or even any other means to convince the oustees to vacate the land. However, the government has not been forthcoming as well. Since the Government had viciously cut-off power and water supply at the Farm, within a few days of occupation, the oustees managed to irrigate a few acres of land, through diesel engine, by lifting water from a nearby natural drain.The oustees are resolute that until the project authority i.e. Narmada Valley Development Authority (NVDA) and the central monitoring authority i.e. the Narmada Control Authority (NCA) do not ensure their lawful rehabilitation, the Satyagraha shall continue. For details call : Kailash Awasya 09009147868 | 09179148973 or write to nba.badwani@gmail.com
LUCKNOW, UTTAR PRADESH: A review meeting was organised on 14 July 2012 in Lucknow, UP, by NAPM, Socialist Party and Lok Rajniti Manch, as a follow up to the dharna which was organised in front of Vidhan Sabha, UP in Lucknow from 28 to 30 May, 2012, to raise demands related to labourers and farmers. Rs. 440 was demanded as minimum wage for unorganised labourer. For farmers we had demanded respectable price for produce as well as increase in subsidies on various inputs to farming. We had also demanded universalisation of Public Distribution System and ban on food grain exports. The dharna was limited to 3 days as we had given time to the state government to consider taking action on our demands. We now wish to discuss our future course of action. A meeting has been called for this purpose.
9 MONTHS OF INDEFINITE ZAMEEN HAQ SATYAGRAHA

JOBAT, MADHYA PRADESH: Braving summer, winter and rains, the historic Zameen Haq Satyagraha embarked upon by the adivasis and farmers displaced by the Sardar Sarovar Project (SSP) and Jobat Project has successfully entered its 9th month, with
MASSIVE MARCH AT OMKARESHWAR AND ANNOUNCEMENT OF JAL SATYAGRAHA

OMKARESHWAR, MADHYA PRADESH: More than 15,000 people affected by the Omkareshwar, Maheshwar, Indira Sagar, Upper Beda and Man dams marched under the aegis of Narmada Bachao Andolan on 1st July 2012 in Omkareshwar town. The March was held in protest against the decision of the State Government to raise the water level in Omkareshwar Dam up to 193 metres. The protest march was followed by a public meeting where the project affected people announced the commencement of their Jal Satyagraha from the 16th of July 2012 against the conspiracy of the State Government and the company to kill thousands of dam affected people without rehabilitation and resettlement. The dam affected people pronounced their resolve not to move out of their villages without prior rehabilitation and resettlement and allotment of land as per the R&R Policy, even if they have to give up their lives for it. Addressing the public meeting, NBA activist Ms Chittaroopa Palit said that thousands of people affected by the Maheshwar and Omkareshwar dams are yet to be given agricultural land and house plots. The landless families are yet to be provided with adequate means of livelihood. She criticized the Supreme Court for permitting the State not to acquire the private lands of oustees of the five villages of Dewas which are in the submergence caused by the Omkareshwar dam. She said that this will cause the certain death of around 1500 tribals who will be submerged under water along with their crops and cattle. Ms Palit added that the affected people with the help of concerned people all over the country would undertake an audit of the rehabilitation and resettlement measures done by the project authorities and release a report on the same.
Leading activist of the Narmada Bachao Andolan Shri Alok Agarwal condemned the State government for the blatant violation of the orders of the Supreme Court. He pointed out that in its judgment pronounced in May 2011 about the rehabilitation and resettlement of the oustees of the Omkareshwar project, the Supreme Court had held that it was the constitutional obligation of the project authorities to allot a minimum of 2 ha. of agricultural land to each displaced family and provide other R&R benefits before the construction of the dam, but the State government and the project authorities failed to discharge any of their obligations under the Rehabilitation policy.
For details write to nbakhandwa@gmail.com Alok Agarwal
PROTESTS GATHER STEAM

JAL SATYAGRAHA IN WANGMARATHWADI DAM
SATARA, MAHARASHTRA: The Wang Marathwadi Dam project may sound like one of the many government projects that start in the name of development but often fail to fulfill the basic and minimum requirements that must be fulfilled in the process of building of a dam. The people of the area have, however, started an exemplary movement against these unjust policies of the government and challenged the repeated false promises of rehabilitation made by the government of
Aug Sept 2012
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Maharashtra. The Wang Marathwadi Dharangrast Kruti Samiti, affiliated to NAPM, have started the Jal Satyagraha by planting seeds on the fertile river bed and refusing to let the crops drown in the water of the river. The Jal Satyagraha started from the 11th of June 2012 near Mendh village. Wang Marathwadi Dam is situated in the Patan tehsil of the Satara district in Maharashtra. Mendh is one of the nine villages affected by the construction of the dam. The dam project has affected the area in more than one ways. Four villages will be fully submerged and five villages will be partially submerged after the completion of the dam. The villages that were once flourishing with fertile lands, schools and all the basic amenities and infrastructure have been vacated for the construction of the dam. According to the rehabilitation policy of the State Government, the people who are to be displaced in the process must also be rehabilitated in the command area of the dam with all the basic infrastructural facilities and amenities by the government. More than 1800 families are affected by this project, are to be rehabilitated by the government. Your support is needed to this peoples struggle against unjust displacement. Be there with us! Ladenge, Jeetange! For details contact: Suniti SR: 09423571784
(PPSS) in Jagatsinghpur district where the company plans to locate its $12 billion plant The project planned by the multinational giant POSCO represents the largest Foreign Direct Investment of this country (FDI) in the post-globalised India. The project will destroy the lives of thousands of farmers, dalits, women, children, fisher people and indigenous people. Even though the government had successfully acquired the over 2000 acres of land for the plant and a small office had been set up by POSCO at the site, the project has since been mired by the protesting people and been unable to take off. For details write to noposco@gmail.com
GOVERNMENT'S DECISION TO SEND HAZARDOUS WASTE TO GERMANY VINDICATES GAS SURVIVORS STAND
BHOPAL, MADHYA PRADESH: Addressing a press conference on June 11 in Bhopal, leaders of the five organizations of the survivors of the Bhopal gas disaster claimed that the recent government decision to send 350 tonnes of hazardous waste from the Union Carbide factory to Germany for safe disposal was a vindication of their stand on the issue and a minor but significant victory in their 22 years long battle on this problem. The organizations said that this recent decision of the Group of Ministers on Bhopal has highlighted the toxic nature of Union Carbides waste and the ongoing dangers posed by the thousands of tonnes of hazardous waste in and around the abandoned pesticide factory. The organizations said that the environmental damage caused due to reckless dumping of hazardous waste by Union Carbide was so massive and complex that the compensation for the damages could be a billion US dollars or more.
For details call 09826167369 or write to bhopalrachna@gmail.com
Aug Sept 2012
7TH ANNIVERSARY OF ANTI POSCO STRUGGLE OBSERVED AS BLACK DAY

JAGATSINGHPUR, ORISSA: June 22nd 2012 marked the seventh anniversary of the signing of the Memorandum of Understanding (MoU) between Odisha government and the South Korean steel company POSCO in Odisha and the struggle against the POSCO project in Odisha. The occasion was marked with protest meetings held by Posco Pratirodh Sangram Samiti
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Destruction of Huts of Aadiwasis and Dalits by the UP Forest Department

SONBHADRA, UTTAR PRADESH: The officers of the Forest Department of Uttar Pradesh and BSF officers ran bulldozers over around 50 huts of Dalits and Aadiwasis in the Village Bhardua in District Chakiya in Chandoli, Uttar Pradesh without any prior notice on 29th June 2012. The destruction of huts has left hundreds of villagers homeless during the monsoon season. The Forest Department claimed that the people were encroaching upon the lands and that they had orders from the District Collector to uproot any kind of encroachment. The Collector however denied giving any such orders. This course of action was taken against the Dalit and Aadivasi families who ought to get their rights under the Forest Rights Act 2006. These families had been living in the area since 15th December 2006. The activists of Van Jan Shramjeevi Manch have been conducting research in the area for more than 10 years and have therefore been in constant touch with these families.
For details write to romasnb@gmail.com
for the gathering, so others gathered at Azad Maidan and raised their voice against the spate of illegal evictions and demolitions.
For more details, email: gbgbandolan@gmail.com
FIR Filed Against Hiranandani Builders in case of Illegal Land Encroachment

MUMBAI, MAHARASHTRA: In a significant move in the Hiranandani Land Scam case, the Anti-Corruption Bureau of Maharashtra Police filed an FIR against the builder Niranjan Hiranandani and IAS officer Thomas Benjamin, the Additional Chief Secretary of the Urban Development department, among others, on suspicion of their involvement of the land scam. The scam involves alleged illegal allocation and use of land earmarked for mass housing projects by Mr Hiranandani for building Hiranandani Complex in Powai, Mumbai.
For more details, email: gbgbandolan@gmail.com
Return of Land to Adivasis Begin in Lavasa

PUNE, MAHARASHTRA: The Sub Divisional Officer (SDO) of Maval taluka, Mr. Sanjay Patil on July 9 gave the much awaited order to Lavasa Corporation to return the lands and restore the rights of two Adivasi land holders in the Lavasa area, Shravan Bhiva Jadhav and Raya Bhau Katkar. Though a welcome move, the order does not in any way put an end to the struggles of the Adivasis in the area. The Adivasis who have been protesting against the unruly allocation of land to corporate sector demand that all the land of tribal people in the area that has been fraudulently grabbed by agents, land mafia and the Lavasa Corporation Limited should be restored with immediate effect.
For more details write to andolan.napm@gmail.com
Public Hearing on Corruption-free Housing and Justice for Urban Poor

MUMBAI, MAHARASHTRA: Nearly fifteen hundred people gathered in Mumbai Marathi Patrakar Sangh Hall for a mass 'Public Hearing' on 'Corruption-free housing and Justice for Urban Poor' on 5th July, 2012 and protested against the coalition and corruption of the Politicians-BuildersBureaucracy-Police in the name of development. The public hearing was organized under the aegis of Ghar Bachao Ghar Banao Andolan - NAPM who have been raising issues related to housing policies, schemes and options to make this sector pro-poor, pro-people, sustainable and devoid of corruption. The hall could not accommodate all the people who turned up
News and Reports from the frontlines was compiled by HEMA KHATRI, a volunteer
with NAPM Delhi
Aug Sept 2012
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www.napm-india.org
Aug Sept 2012
RNI number MAHENG/2006/18083
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Aug Sept 2012

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News & reports from the frontlines

9 MONTHS OF INDEFINITE ZAMEEN HAQ SATYAGRAHA

MASSIVE MARCH AT OMKARESHWAR AND ANNOUNCEMENT OF JAL SATYAGRAHA

PROTESTS GATHER STEAM

7TH ANNIVERSARY OF ANTI POSCO STRUGGLE OBSERVED AS BLACK DAY

Destruction of Huts of Aadiwasis and Dalits by the UP Forest Department

FIR Filed Against Hiranandani Builders in case of Illegal Land Encroachment

Return of Land to Adivasis Begin in Lavasa

Public Hearing on Corruption-free Housing and Justice for Urban Poor

Aug Sept 2012

RNI number MAHENG/2006/18083

Aug Sept 2012

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