Category Archives: Government

Judging Women

The honourable judges of the honourable judiciary are on an honourable roll…

Anuradha Roy of Permanent Black sent out the following:

On the 9th of February 2008, remarks by two eminent judiciary members the Chief Justice of Karnataka, Cyriac Joseph and State Human Rights Commission Chairperson Justice S.R.Nayak, stating that immodest dressing was the cause of increasing crimes against women were reported in the press.

The Hon’ble Chief Justice further elaborated his statement by mentioning that “Nowadays, women wear such kind of dresses even in temples and churches that when we go to places of worship, instead of meditating on God, we end up meditating on the person before us” and that the “provocative dresses that women wear in buses” put the “men travelling in the buses” in awkward situations and hence “women must dress modestly.”

The Chairperson, State Human Rights Commission, speaking on ‘Human Rights and the Lawyers Role’, gave his opinion on the Mumbai New Year molestation issue, when two women had their dresses torn off by a mob
of men outside a nightclub: “Yes, men are bad… But who asked them (the women) to venture out in the night…Women should not have gone out in the night and when they do, there is no point in complaining that men touched them and hit them. Youth are destroying our culture for momentary satisfaction.”

Anuradha sent this out without comments. I understand her mood. I’m done too. No witty commentary, no smart asides. I’m just plain exhausted.

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Statement on Taslima Nasreen

Public Statement by Forum For The Protection of Free Speech and Expression

At a time when India is projecting itself on the
world’s stage as a modern democracy, while it hosts
international literary festivals and book fairs, the
Government of India, most mainstream political parties
and their armed squads are mounting a concerted
assault on peoples’ right to Free Speech.

It is a matter of abiding shame that even as some of
the world’s best-known writers were attending the
Jaipur literary festival and prestigious publishers
were doing business at the World Book fair in Delhi,
the exiled Bengali writer Taslima Nasrin was (and is)
being held in custody by the Government of India in an
undisclosed location somewhere in or around Delhi in
conditions that amount to house arrest. Contrary to
misleading press reports stating that her visa has
been extended, her visa expires on the 18th of
February, after which she is liable to be deported or
remain confined as an illegal alien. Continue reading Statement on Taslima Nasreen

Conscience of the Company

A nocturnal gas leak in 1984 took the lives of more than 7,000 people in Bhopal over a three-day span, and a further 15,000 in the years that followed. The leak came from a pesticide plant owned by Union Carbide Corporation (UCC), now owned by Dow Chemical (DOW). The company is still denying its responsibility, and refuses to reveal the toxicological information of the gas, thwarting medical efforts to deliver appropriate treatment to more than 100,000 surviving victims. Should not there be a conscience of the company, which ensures that the Bhopal factory site and its surroundings are promptly and effectively decontaminated, that the groundwater is cleaned up, that the stockpiles of toxic and hazardous substances left at the site are removed, and that full reparation, restitution, compensation and rehabilitation are promptly provided for the continuing damage done to people’s health and environment by the ongoing contamination of the site? Should they not be ashamed of the lack of effective regulation and accountability systems, which have meant that court cases are dragging on, and corporations and their leaders continuing to evade accountability for thousands of deaths, widespread ill-health and ongoing damage to livelihoods?

Of course, our government has the primary obligation to secure universal enjoyment of human rights, and this includes an obligation to protect all individuals from the harmful actions of others, including companies. However, while the government has been frequently failing in regulating the human rights impact of business or ensuring access to justice for victims of human rights abuses involving business, the companies too have been complicit in their human rights abuses. In a democracy, a government will be taken to task for its failure. At the same time, there has also to be a call for the companies to be conscientious and accountable for their activities related to human rights. A few of them claim to engage with human rights responsibilities through voluntary consultations, relief and rehabilitation initiatives. While these have a role to play, such voluntarism can never be a substitute for concrete standards on businesses’ mandatory compliance with human rights. In India, as a minimum requirement, all companies should respect the right to information; free, prior, informed consent; and no displacement without rehabilitation, regardless of the sector, state or context in which they operate.

Continue reading Conscience of the Company

How To ‘Carve Out A Terrorist’ from an Innocent Person And Say It Works?

(Judge: The papers on my table show he is not Mukhtar. So what is his real name?
Officer: He is actually Aftab Alam Ansari.
Judge: That means you have arrested a wrong person. How can this horrible blunder take place?
The officer stayed silent.
Judge: If he is neither Mukhtar nor Raju, why did not you write that in the petition clearly? Have you written that? Please underline that and show it to me.
As the officer began scanning the petition, he looked puzzled.
Judge: I’m not going to accept this petition. Please go and make a fresh one.)

Aftab Alam Ansari, an electrician with a power company in Kolkatta, is finally free. And the ordeal through which he had to go through as a ‘terrorist’ is finally over.Recenly he met with the Chief Minister of Bengal to apprise him of the whole situation and seek help for his mother’s frailing health.

Continue reading How To ‘Carve Out A Terrorist’ from an Innocent Person And Say It Works?

State Repression In Chhattisgarh And Continued Detention Of Dr Binayak Sen

STATEMENT OF CONCERNED CITIZENS AND PEOPLE’S ORGANIZATONS

A group of former bureaucrats, academicians, lawyers and social activists visited Chhattisgarh from 18 – 22 January 2008 in connection with the prolonged incarceration of Dr Binayak Sen. The team met the Governor and Director General of Police and also met Dr Binayak Sen in the central prison at Raipur. Some members of the group also visited areas in the districts of Bastar, Dantewada and Bijapur.

In the light of the information gathered, the team is of the opinion that the charges filed against Dr Sen under the IPC, CrPC and the Chhattisgarh Public Safety Act (CPSA) are unwarranted and unconstitutional. The CPSA enables the government to interpret the rendering of simple humanitarian acts as unlawful The Act defines “unlawful activity” so broadly that every act of vigilant citizenship can be construed as unlawful and anti-national. Thus it is clear that Dr Sen is being targeted in his capacity as General Secretary of People’s Union for Civil Liberties, Chhattisgarh. The reports produced by the PUCL have highlighted the anti-constitutional violence legitimized by the state through the Salwa Judum campaign.

Continue reading State Repression In Chhattisgarh And Continued Detention Of Dr Binayak Sen

Quote of the day

“It hasn’t got any definite meaning,” CJI  K G Balakrishnan said today in response to a PIL that wanted ‘socialist’ deleted from the Constitution’s Preamble.

In a world where “comrades”  want to embrace capitalism, does meaning have meaning?

Each day Binayak Sen spends in jail is one day less for democracy in India

ON DECEMBER 10 this year, the day internationally observed as Human Rights Day, the Supreme Court of India denied bail to the veteran rights activist, Dr Binayak Sen, incarcerated since May in Raipur jail under the Chhattisgarh Public Security Act and the Unlawful Activities Prevention Act. For those present, the 45-minute-long hearing was a horrible experience. We heard the prosecution claim that Dr Sen was part of the dreaded Maoist formation, and that giving him his freedom would mean setting him loose to spread subversion against the State. We saw, to our shock, how no verification was made of the prosecution’s claims, even as the government lawyer presented his summary of the contents of Dr Sen’s computer in the vilest terms, telling the court it contained letters describing how Dr Sen had helped organise an arms training camp at Nagpur. Defence counsel Rajeev Dhawan pointed out that the prosecution was distorting the letter’s contents, that Dr Sen had been in Nagpur in the course of a fact-finding mission into last year’s lynching of a Dalit family at Kherlanji and that he had nothing to do with any underground training. But the court felt that Dhawan’s arguments were matters to be looked into by the trial court, and it was satisfied that there was enough reason to deny Dr Sen bail.

Continue reading Each day Binayak Sen spends in jail is one day less for democracy in India

Human rights and public health are now the gravest threats to people’s safety

Excerpts from Saikat Datta on the doctored case against Binayak Sen.

What is the basis of the Chhattisgarh police’s case against Dr Sen? The chargesheet against him says he is a Naxalite sympathiser. This conclusion was reached after his name came up when the police recovered three letters from suspected Maoist Piyush Guha, arrested at the Raipur railway station. These were written to Guha by another alleged Maoist, Narayan Sanyal, presently lodged in Raipur Jail. The police claim Guha, under custodial interrogation, confessed that Dr Sen acted as courier.

Dr Sen did meet Sanyal in jail on several occasions. But each time it was with due permission from the jail superintendent and a body search before and after his meetings. And even if we were to accept that Dr Sen smuggled the letters out, what exactly was “incriminating” in them? One letter deals with farmer-related issues, the letter writer’s health and so on. In another note, Sanyal is discussing issues relating to his case and the approach his lawyer has taken in court. In yet another, he complains of there being “no
magazines” to read in jail and terrible conditions in prison.

Activist-lawyers like Prashant Bhushan see the framing of Dr Sen on such flimsy evidence as “a message that clearly states that people must shut their eyes to violations of human rights of the marginalised or risk arrest”.

Continue reading Human rights and public health are now the gravest threats to people’s safety

It’s a new year, and Binayak Sen is still in prison

Binayak Sen’s appeal to the Supreme Court for bail was dismissed on December 10, 2007 (in one of those meaningless ironies, December 10th is of course, International Human Rights Day).

A doctor working in Chhattisgarh, Binayak was arrested on May 14th 2007. His crime? He visited and treated an ailing prisoner in Raipur Central Jail with the permission of the jail authorities. The prisoner is a Naxalite. So Dr Sen is assumed to be a terrorist conspiring to overthrow the state, so dangerous that he cannot be given bail.

Continue reading It’s a new year, and Binayak Sen is still in prison

REDD Salam

A week ago, I had promised a short post on the Forest Issue. As promised, here it is:

Nusa Dua: As the UNFCCC World Climate Change Conference crossed the 10,000 attendee mark , delegates braced themselves for what could be one most difficult and divisive issues of what could constitute “The Bali Breakthrough.” “The working group on Reduction of Emissions by Deforestation (and Degradation) in Developing Countries (REDD) was constituted and has begun work today,” stated UNFCCC Executive Secretary Yvo de Boer in his daily press briefing at the World Climate Change Summit today. The working group is tasked with arriving at a mechanism to incorporate deforestation reduction into the framework of the Kyoto Protocol and the carbon market.

Continue reading REDD Salam

6th of December 1992 on 6th of December 2007

What were you doing on December 6, 1992?

We remember with a great sadness that winter’s day on which the unthinkable came to pass…

Continue reading 6th of December 1992 on 6th of December 2007

Imagining Governance and Governing our Imagination

Manmohan Singh from the Indian Express two days ago:

I sincerely pray and hope that we remain a functional democracy. But democracy has certain disadvantages. I have a friend in the International Monetary Fund, who went to Korea in the days it was run by an authoritarian system. They were discussing the issue of devaluing the currency. When my friend talked with the finance minister, he said, “That’s a very difficult question. You don’t expect me to give an answer right away.” When my friend asked him how much time he would need, the finance minister said, “I will take half an hour, I have to book a call to the president.”

We have to work, therefore, to create a new mindset. Some ten days ago, I was in Singapore and had the privilege of meeting Premier Wen Jiabao of China, for whom I have great admiration, both for him and President Hu Jintao. The type of leadership that China has produced since the days of Deng, I think, is the greatest asset that China has. [Link]

Narratives, says French philosopher DeCerteau, go ahead of social practices to make way for them. Continue reading Imagining Governance and Governing our Imagination

Doing What States Do (Very Well)

Arundhati Roy articulated in her interview last night on IBN7, the deep suspicions of the “deep state” that many of us have harboured in our collective anti-national (and now apparently anti-left) bosom. How convenient that the violent anti-Tasleema protests have deflected the anger of the left-secular folks from Nandigram to Islamic fundamentalism. Arundhati responded to a question about whether she was claiming there was a conspiracy, by saying, quite correctly, that there doesn’t need to be anything as crude as that. But we know, people on the street know – there’s something way too convenient in the timing. Or, as she put it elsewhere, quoting a Hindi film song, “yeh public sab jaanti hai.”

Imagine my disappointment as a political theorist to discover that we don’t need to make any intellectual forays into the complex ways in which states “see” and “do”. There was a conspiracy, and it worked out like the the script of a bad street play, in which the villains mutter and grimace and do bad things in the dark of the night, while the good folk get all confused by the sudden transformation of their peaceful locality by dawn. (Life is in fact a bad street play, a realization I came to long ago).

Continue reading Doing What States Do (Very Well)

The Trojan Horse of Neo-liberal Capital in Kerala

In mid-November, a pro-tribal outfit, the Adivasi Rehabilitation Council, demanded that the Kerala Government hand over to them, land leased to Hindustan Newsprint Ltd. The Adivasis had been given title deeds to this land in 2003, when A K Antony was chief minister, but it was never handed over. They dispersed after local revenue officials assured that this would be done.

But when nothing was done about it, the tribals regrouped and went into the land again, building little huts and vowing to start farming. Around November 26th, the 200-odd families were physically removed by truck-loads of CPM cadre.

J Devika on the need for a new perspective on Left politics:

When the CPM-led LDF coalition swept into power in the elections to the Kerala State Legislative Assembly in 2006, the victory was widely interpreted to be the individual triumph of V S Achuthanandan, who seemed to be nothing less than the personification of Principled-Opposition-to-the-State-and-Global-Capital. During the campaign, VS received the mantle of A K Gopalan, whose brilliant strategies of mass mobilization and militancy had made him the most admired and best-loved of all communists in Kerala. Throughout Kerala, life-size posters of a smiling VS proclaimed him Paavangalude Padatthalavan (NM – something like garibon ka masiha)

Continue reading The Trojan Horse of Neo-liberal Capital in Kerala

Pakistan’s student movement

I saw this first in an incredible Pakistani blog on the matrial law shared by fellow Kafila-ite Mahmood Farooqui.

Lets face it, right now the Indian media can learn a few things from its Pakistani counterparts, let alone all of us…

This report is about Punjab University terrorised by Jamaat goons for many years, this is a turning point, when students rallied against the JIT, whose local leaders had grabbed Imran from a demo at the University and handed him over to the police…

Students rise for Imran, against IJT Unprecedented campus march

By Mansoor Malik

LAHORE, Nov 15: A large number of Punjab University students on Thursday held a protest demonstration against Islami Jamiat Tulaba (IJT) for its manhandling of Pakistan Tehrik-i-Insaaf Chief Imran Khan.

The event was unprecedented in the history of campuses in Punjab, which have been under the Jamiat’s rule for decades. Continue reading Pakistan’s student movement

Pakistan – Day two of underground life: Farooq Tariq

[We present below this first hand account from the leader of the Labour Party of Pakistan, on the morrow of the emergency proclaimed by Musharraf, that gives a sense of the situation on the  ground.]

By: Farooq Tariq, General Secretary, Labour Party Pakistan

lawyers protest
Today is my second day in underground life. On 3rd November 2007, when General Musharaf declared an emergency and suspended the constitution, I was in Toba Tek Singh, a city around four hours from Lahore. This was to attend a meeting for the preparations of the Labour Party of Pakistan fourth national conference. The conference was scheduled to be held on 9,10,11 November in the city. Posters for the welcome of the delegates were printed and an invitation card to invite supporters for the open session of the conference was ready as well.

The meeting was nearly ending when I heard the news that emergency is been declared. I decided immediately to travel to ahore. I was in contact with other party comrades on telephone and every one advised me not to go to my home. This was in the background of my three arrests in three months where I spent 23 days in jails and police stations. The Labour Party Pakistan has become a target for the military regime because of active participation in the advocate movement. Several comrades had been arrested during the movement.

Continue reading Pakistan – Day two of underground life: Farooq Tariq

Myanmar: India’s Escalating Security Response and Denial of Rights

Reality has an incurable habit of striking back at rhetoric. The Indian government’s support for the demand to release Aung San Suu Kyi in the UN, and a few statements in favour of democracy in Myanmar, might be effective in hiding the larger foreign policy issues for a while for a few; but it cannot make the foundational structural and political issues disappear in their entirety, or for long, or for the majority. The government, with scant concern for the democratic and peaceful movements of the Myanmar people, continues to compromise at the level of discourse and direct action.

See the actions of our government along the Indo-Myanmar border in Manipur and in other north-eastern states, to prevent the influx of individuals who are fleeing the ongoing crackdown in Myanmar. Take the cases of several other Myanmar nationals who are now at risk of being forcibly returned to Myanmar. After the crackdown on peaceful protests, along with searches, surveillance and harassment of individuals who took part in these protests, numerous Myanmar people have had to go in hiding. They are also fleeing to neighboring India and Thailand. The state-run New Light of Myanmar newspaper warned that ‘anyone who is detained for his violation of law must be charged and serve prison terms if he is found guilty.’

Continue reading Myanmar: India’s Escalating Security Response and Denial of Rights

Two ‘Nations’ At War: The Struggle Over Forest Rights

The process towards the implementation of ‘The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006’ is entering its crucial stage. In the present political environment, charged with an electoral context, the government is bound to notify the draft rules. The original co-sponsors – majority of tribal organisations and rights groups, and left and progressive political parties – are in agreement about mobilising support for its implementation. However, similar to the time of declaration and implementation of the National Rural Employment Guarantee Act (NREGA), the apathy and the opposition towards these rights and entitlements of the poor, is becoming shrill and shady. Special Economic Zones (SEZs) can be notified in no time in this country, but the millions of tribals and forest dwellers have to wait endlessly for anything that goes in their favour. There is a cost of action and there is a cost of inaction. The coalition government has to decide which is more expensive!

It is ironical that since the time of the discussion and the passing of the Forest Rights Act, conflicts in the forest areas have not subsided, and forced evictions and displacements continue to be a regular occurring. And this is unfolding at a time when after more than two decades of work within the UN system, the United Nations Declaration on the Rights of Indigenous Peoples was adopted in September 2007, with India speaking in favour of it. The declaration was adopted by a vote of 143 to four with 11 abstentions. The vote was called by Australia, New Zealand and the US. Only Canada joined these three states in voting against it. The declaration recognizes the rights of indigenous people to the land, territories and natural resources that are critical to their way of life. It affirms that the rights of indigenous people are not separate from, or less than, the rights of others; they are an integral and indispensable part of a human rights system, dedicated to the rights of all. The declaration presents the Indian central and state governments a historic opportunity, which they must seize by adopting it, and entering into a new relationship with the tribal people, based on a principled commitment to the protection of their human rights. Through the Forest Rights Act, the government can work in good faith to implement their domestic law, and practice this vitally important, and long overdue, human rights instrument.

Continue reading Two ‘Nations’ At War: The Struggle Over Forest Rights

The Righteous Anger of Our Hon’ble Lords

A treat to the eyes and ears this! The screaming headlines in the newspapers today: “Angry SC talks of Prez Rule as DMK shuts TN” (The Times of India). “SCs new anger Benchmark: We can get the state government sacked” (The Indian Express).

Rewind to 1992. 6 December. A bewildered country watched aghast as a mob led by the soon-to-be Deputy Prime Minister, Home Minister and other important personages – including the chief minister of a certain state where an old monument was located, demolished the monument. This was done after the motely crowd of ministers-to-be and chief minister et al gave their commitment to the honourable Supreme Court that they will not demolish the monument. Remember. This was not a peaceful bandh but an act that changed the face of India forever and led to some of the worst carnages in our post-independence history. Were the hon’ble lordships angry? Did they demand the dismissal of the Kalyan Singh government – or threaten it? And did they decide to take any action against the Advanis and Joshis?

Fast forward a decade. Gujarat 2002. February 27-28 onwards – not one day but for months on end…a series of carnages that reduce December 1992 to child’s play. This is not so very long back But did the conscience of the judiciary lead it to demand – or simply threaten – the dismissal of the Narendra Modi government? The fact that the DMK is a strong ally of the UPA government has been invoked this time but at that time, the state government was led not by an ally but the leading party of the ruling NDA coalition.

I hold no brief for the DMK or any other party for that matter but am simply puzzled…and this could be a crime these days. But one word may not be out of place. The honourable judges may ban the written word and jail the Mid Day journalists or anybody else who dares to challenge the undemocratic writ of the courts, but who can jail those thousands and lakhs of spoken words that are being uttered daily about this same matter – undermining the authority of one of the most august institutions of our democracy. Who can jail that mall owner businessman in Vasant Vihar who recently told a friend of mine that he really was not worried about the judiciary because he knew that its judgement in a certain case would go in his favour?

Perils of Arbitrariness – MSS Pandian

The Central Educational Institution (Reservation and Admission) Act, 2006, which provides for 27 per cent reservation for Other Backward Classes (OBCs) in institutions of higher learning, is in a state of deep freeze. The Union Government’s desperate promises to expand the educational infrastructure in these institutions, to increase the number of seats so that the number of open quota seats will remain the same, and to address the issue of creamy layer, has failed to convince the Supreme Court. After a court battle of five long months, a Supreme Court Bench has finally refused to vacate the stay on the Act imposed in March 2007.
The Supreme Court’s objection to the Act is quite straightforward and seemingly reasonable. It posed to the Union Government, what is the basis on which the figure 27 per cent had been arrived at. The Union Government failed to come up with any credible answer and the Supreme Court, as one would expect, stuck to its position. In other words, Supreme Court wants no legislation to be arbitrary but be based on defendable rational basis.
Continue reading Perils of Arbitrariness – MSS Pandian

“IB’s bearded ‘jihadi’ moulvis trapping Muslims “

[Evidence is piling up – of a whole range of so-called encounters to actual ‘terrorist’ acts, conducted by police, intelligence agencies and their undercover agents. Different groups and organizations have been gathering evidence, meticulously documented, that shows clearly how police have gone about ‘fighting terrorism’ and in effect (if not by intent) actually created an atmosphere of terror for the minorities. Every time such a suggestion is made, predictably, there are howls from certain quarters. So we think this extremely important and silent work of documenting will eventually help to uncover the nefarious ways of these agencies. Often these are carried out in cahouts with the organizations of the Hindu Right. How many times have we not wondered about so-called terrorists who come out of a railway station, take a taxi to go and either blow up Akshardham temple or the Ayodhya ‘Ram Mandir’! What if their train was late? what if, they did not get a cab on time. What if….But does it really matter, with a gullible and all to complicit media to blow up police versions as ‘serious terrorist plots’? Here then, is a small story from The Kashmir Times. The characters mentioned in this story are not unfamiliar to those who follow how they were first recruited as ‘mukhbirs’ or informers and when they refuse to play along, they become ‘terrorists’ – exactly the way the ex-surrendered Afzal Guru was made into the ‘terrorist ‘who, even the Supreme Court felt should be hanged to satisfy the ‘collective conscience of the nation’ even though no evidence could be produced against him. So, much for the “world’s largest demcracy”. – AN ]

NEW DELHI, Sep 21: Next time, you confront a long bearded Maulana with some sob story extorting young men to take to ‘Jihad”. Beware! He could be an intelligence mole, hunting for fodder to the canon of “war on terrorism”. A former informer of Delhi Police’s Special Cell and the Intelligence Bureau (IB) now cooling heals in Delhi’ Tihar Jail is spilling beans.

Continue reading “IB’s bearded ‘jihadi’ moulvis trapping Muslims “