Towards the end of his presidency, Lyndon B Johnson, the 36th President of the United States of America, had been reduced to a figure of universal scorn and derision. His escalation of the Vietnam War to a point from which it became impossible to extricate the US ended up in becoming one of the defining human tragedies of twentieth century. This was war fought on the basis of pretexts that did not actually exist. The slur “Hey, hey, LBJ, how many kids did you kill today?” which became an anthem of sorts for protestors eventually compelled him to forgo running for a second term in office in 1968. Those protesting against the war, those who eventually forced Lyndon Johnson to leave the political arena were Americans who were overcome with images of atrocities and the rising count of civilian deaths in a mindless war.
In March this year, the Ministry for Labour and Employment unveiled the third of its series of Labour Codes aimed at simplifying and rationalizing the labour laws. The Draft Labour Code on Social Security has been placed in the public domain and comments and suggestions have been invited in respect of its provisions. The Draft Code is ambitious in scope and amalgamates the provisions of 15 central labour laws relating to social security. Continue reading The Draft Labour Code on Social Security-Workers’ Concerns: Ramapriya Gopalakrishnan→
The vicious and combined attack of the administration and the local media on Bhim Army continues. It is being villainized by them and they are threatened with impending arrests under the National Security Act. The blatantly partisan attitude of the administration, backing in overt and covert ways, the attempts of the Thakurs and other upper castes, to provoke riots – are laid bare by VINAY RATAN SINGH in the interview below where he speaks to CHALCHITRA ABHIYAAN on what has been going on in Saharanpur and neighbouring areas. We unequivocally support the efforts of the Bhim Army to resist the vicious attacks of the upper castes, who are now emboldened by the presence of their own government in the state.
The NAPM (National Alliance of People’s Movements) has written the following letter, signed by many movements and orgnizations, to the Governor and the Chief Minister of Chhatisgarh
Date: 11th May, 2017
To,
Shri Balram Das Tandon, The Hon’ble Governor, Raj Bhawan, Raipur, Chhattisgarh,
To,
Shri Raman Singh, The Chief Minister, Civil Lines, Raipur, Chhattisgarh
Sub: Revocation of suspension orders of upright, Dalit woman officer, Ms. Varsha Dongre, Asst. Jail Superintendent, Raipur Central Jail and restoration of peace and good government in the V Schedule adivasis areas of Bastar – Reg.
Respected Balram Das Tandon ji and Shri Raman Singh ji,
We, the undersigned, representing a large number of people’s movements and organizations, across India, as the National Alliance People’s Movements (NAPM), are writing to you with a deep sense of anguish regarding the arbitrary suspension of a young and dynamic dalit woman officer of your state, since she publicly expressed concerns over the serious human rights abuses of young adivasis girls in the jails of Chhattisgarh.
All Accused in Bilkis Bano Case, Including Police Officers Finally Convicted
BOMBAY HIGH COURT REJECTS APPEALS OF THE 11 CONVICTED ACCUSED, UPHOLDS LIFE IMPRISONMENT
Sets Aside Acquittals of 7 Gujarat Cops & Doctors Convicts them of Evidence Tampering & Cover Up
Mumbai, May 4, 2017
Through all of you, friends in the media, I wish to say to all my fellow Indian citizens, my fellow Gujaratis, my fellow Muslims, and to women everywhere – I am grateful that this verdict delivered by the Honorable Judges, has, yet again, vindicated my truth, and upheld my faith in the judiciary.
My rights, as a human being, as a citizen, woman, and mother were violated in the most brutal manner, but I have trusted in the democratic institutions of our country. Now, my family and I feel we can begin to lead our lives again, free of fear.
I am happy that the State and its officials who emboldened, encouraged, and protected the criminals who destroyed the life of an entire community, are no longer unblemished, but today stand convicted of tampering with evidence and cover up. For officers of the state, whose sworn duty it is to protect citizens and enable justice, this should be their great moral shame, to bear forever. Continue reading Bilkis Yakub Rasool’s Statement to the Press→
Cow vigilantes attacked six people, including a 9-year-old girl in the Reasi district of Jammu and Kashmir on Friday and fled away with their flock. The vigilantes beat up the nomad community blue and black and the minor girl has suffered multiple fractures when the community was en route to Talwara area…
In yet another chilling instance of self-styled gau rakshaks targeting cattle traders — and mob mentality thriving undeterred — three men transporting buffaloes were attacked by “cow vigilantes” in south Delhi’s Kalkaji late Saturday, a Hindustan Times report said.
[This is a statement and an appeal by the Maruti Suzuki Workers Union condemning the unjust handing down of a life sentence to 13 workers of the Maruti Suzuki Manesar Factory for a ‘murder’ (of an HR Manager) that the prosecution could not prove that they had committed. Here too, the prosecution, and the judgement, relies on a chimera, ‘the reputation of make-in-india’ to justify a harsh punishment. Those who have watched this space will recognize that this recourse to figures of speech in the absence of evidence is a familiar move. It has happened before – to satisfy the hunger of a ‘collective conscience’ when a so-called ‘temple of democracy’ was attacked. This time it has been invoked to defend the ‘fake-in-India temple that houses the deity of a rising GDP’, which would of course otherwise be besieged by insurgent workers.
This text contains a hyperlink to a detailed reading and rebuttal of the prosecution’s arguments, which demonstrates how money and muscle power can always be an adequate replacement for legal acumen in the State of Haryana. Please do follow that link. For the further edification of our readers, we append a short video interview by Aman Sethi of the Hindustan Times of the special public prosecutor, which spins some imaginative legal theory and also radically updates our sense of class struggle. Please do have the patience to view that video. We promise that this will be rewarded. – Kafila Admin.]
Video by Media Collective, Article by Arun Ferreira and Vernon Fernandes
Fifty Years of Unreasonable Restrictions
Arun Ferreira & Vernon Gonsalves
Soon after its adoption, the Constitution of India was amended in 1951. At the time several progressive judgements[i] by the Judiciary held that laws which curb fundamental rights are essentially unconstitutional and fundamental freedoms could only be curbed in the most extreme of cases. The First Amendment, countered this by amending Article 19 to add the word ‘reasonable’ before restrictions and to add ‘public order’ as being one more ground for abridging Fundamental Rights.
[ This is a letter addressed to Raman Singh, the Chief Minister of Chhattisgarh by several concerned individuals and organizations regarding the impunity with which medical guidelines are put aside by professionals who enjoy the patronage and protection of the state government.]
We, the 138 undersigned individuals and organizations working across the country on health and women’s rights are shocked and dismayed that the case against surgeon Dr. R. K. Gupta has been dismissed by the Hon’ble High Court on grounds that “the alleged act committed by the petitioner was while acting in discharge of his official duty and admittedly no previous sanction was obtained before initiating prosecution case against him”.
The Anita Jha Judicial Enquiry Commission report has clearly pointed out that “It is evident from the facts that in the camps organized on 8.11.2014 and 10.11.2014 there was a breach in the important necessities hence the standard operating procedure were not followed. As a result of which the symptoms of infections were found in post operative female beneficiaries“. It further states that “On the background of deliberation of investigation point number 1 to 3, investigation committee has found following persons Guilty/responsible, functionary, during 08 and 10 November, 2014:- 4.1 For not following standard procedures and for medical negligence by immediate functionary Block Medical Officer, Takhatpur…………….and surgeon who conducted surgery in tubectomy camp at Sakri and Gaurella ( Surgeries were completed by the same surgeon in the both camps)”.
Please find below a collation of statements of solidarity received by Kafila over the past fortnight since the shameful incidents of violence by the ABVP occurred on the 21st and 22nd of February 2017. These are from: Ramjas Alumna, Ambedkar University Delhi Faculty Association, O.P Jindal Teachers: Students and Durham University Politics and International Relations Society, U.S.A; and students and faculty at the University of Minnesota, U.S.A.
University of Minnesota Students and Faculty
The statements are preceded by a short write-up on what Ramjas College has meant to its alumna, by ANUBHAV PRADHAN.
Nostalgia is made of more than just happiness. It is sulphurous too.
To many who spent three or more years of their life in Ramjas College, visuals of violence in and around it on 21 and 22 February 2017 have been a source of deep, personal shock. The footpath and the areas adjoining the college gate were often sites of lingering conversations between friends, offering moments of respite from studies, tensions accruing from impending exams, or relief to those who had just accomplished a hectic ECA festival and were there catching up their breath or exhaling smoke.
The ABVP struck twice, once attacking the college Seminar Room and then coming back the second day to attack students. In the hundredth year of Ramjas’ establishment, a college founded at a time when protest was an active ideal for most Indians, this singular episode of planned, institutional violence against students and teachers is a grim reminder of the brute silencing of interrogation, peaceful protest, dialogue and dissent being normalised across our colleges and universities, and in our society at large. The audacity with which these perpetrators and their ideologues brand entire institutions and diverse communities of students and academics as anti-national—and therefore fit recipients for their brute censure—also gives the lie to the intellectual and affective bankruptcy of a rapidly emergent cultural orientation premised on simplistic binaries of good and bad, right and wrong, national and anti-national. In a society—and nation—whose ideals are peace, dialogue, and inclusion, these attacks on students and teachers point to the deep ideological rot in the perpetrators’ conception of nation, nationality and nationalism.
As an alumnus of Ramjas College, I cherish the right to self-determination and open debate. I feel outraged that the students’ and faculties’ right to decide what discussion to hold and whom to invite for it within college premises was usurped in this manner. It is disturbing that this violence rippled across the campus as it were, with students being followed, identified and harassed in their personal spaces for having asserted their right to listen to discussions on Bastar and for not bowing down to bodily attacks perpetrated through stones and fisticuffs by members of the ABVP and their affiliates.
Most alumni like me are invested in our respective professions, but the foundations of study and work were laid for us by Ramjas’ teachers and the college’s vibrant culture of extra-curricular instruction. This experience has proved fundamental to our engagement with our immediate workspaces, surroundings, power structures, and our nation. Denying current and future students their right to freely and openly debate issues of their choice in fora of their choice is tantamount to denial of a basic academic right. Threatening and manhandling academicians guided by the spirit of enquiry towards generation of dialogue will prove detrimental to the quality of collegiate education in our nation. We collectively issue the following statement of solidarity with Ramjas’ students and teachers in this moment of crisis:
Ramjas students and faculty held hostage inside campus by ABVP cadre
The violence that gripped Ramjas College on the 21st and 22nd of this month is now national news. We heard belligerent slogans by ABVP members of ‘chappal maro saalon ko’ (beat them with slippers), we saw students being chased on the campus, and we saw students being beaten up. All this culminated in a situation where students and teachers were held captive for over five hours within the campus premises. Let me emphasize that this violence was completely unprovoked.
On the 22nd of February, some of the students who were simply sitting with their friends were attacked. The police came and formed a cordon around them. Others joined the students in a gesture of solidarity. Teachers joined them to ensure that the students were not assaulted. The police cordon became their prison for the next five hours. And even then they were not safe.
They were repeatedly assaulted, threatened, and abused. All of this happened in front of their teachers and, more importantly, in front of the police, who, as is well known by now, did not do anything substantial. They could have maintained the cordon around the protesters, arrested those who were repeatedly carrying out the assaults, or – at the very least – prevented the attackers from coming back in (they had left for some time to attack the protest going on outside). But they did not. Whether this was because they were under pressure or because they were complicit is besides the point. The point is that students and teachers remained at the mercy of their attackers for over five hours.
But on the same day something far more ominous was also going on.
Despite the controversies of demonetization, the central government has again succeeded in deftly hijacking the minds of Indian citizens through a riveting speech made by Finance Minister Arun Jaitley. The budget seemed to be especially important given third quarter statistics which are filled with drawbacks of the demonetization policy. Thus we had a budget speech completely focused on digitalization of a country where the ‘digital divide’ stubbornly persists. As the budget theme (Transform, Energize, and Clean) attempted to glorify existing conditions, there were unsurprisingly no transformations in the overall economic framework except the expected tax reduction. In the zeal for “energizing”, the budget had clean forgotten the needs of the informal sector including agricultural sector. Even though the government provocatively claimed that it had cleaned up black money, it revealed no data regarding the amount of black money actually mopped up from the market.
We, the undersigned, wish to express our dismay and deep concern about the recent violent events at University College, Thiruvananthapuram, which seem to indicate that the rights of college students, especially women students, are seriously compromised in this venerable institution. As women researchers, academics and teachers of Malayali origin, we are deeply disappointed by the responses of the police, the concerned college authorities, and the teachers there. Continue reading An Appeal to the Education Minister of Kerala and the Teachers of the University College, Thiruvananthapuram→
This is my Malayalam opinion piece for iemalayalam, on something despite the outcry against the CPM in the mess around Kerala Law Academy. The public discussion has been, not unexpectedly, on the line of Kerala’s well-entrenched scandal journalism, which has a history of a hundred years, at least. This is a form of journalism that highlights the sexual lives – proper or improper – of powerful male politicians which accompanies the attack on their public failings directly or indirectly- a very highly successful tactic, hitherto, to undermine even the seemingly unassailable. When women began to figure in this kind of journalism as something more than just passive sexual objects, as active agents of corruption and manipulation – most markedly, in the controversy over the businesswoman Sarita Nair – scandal journalism worked by highlighting the huge contrast between their ‘feminine-respectable’ names, sartorial styles, behaviour, and so on, and the despicable manipulations they indulged in. This is the case also with much media discussion of the principal of the Kerala Law Academy, Lekshmi Nair.
However, this tactic is not only misogynist, it also lets the elite-femininity that she represents escape critique. This is a very contemporary form of respectable femininity that presents itself as essentially domestic, but wields delegated masculine power to vicious ends, and it is almost all-pervasive in disciplinary institutions in Kerala now. Not surprisingly perhaps, the CPM’s mishandling of the issue has not just shown how poorly committed the party is to women’s rights, but also how soft it is on this elite-feminine power.
Reports of exploitation, humiliation, violence, and rampant nepotism are still flowing out of the private-sector law college popularly known as the Law Academy, in Thiruvananthapuram twenty whole days after the commencement of the students’ struggle there. At the centre of the controversy is the principal, Lekshmi Nair, who seems to have ‘inherited’ that position in the institution owned by her family: clearly, the students are determined to teach her a good lesson. Rarely have we seen all student organizations, from the far-right to the far-left, rally against one person with equal determination; but from the complaints of students – subsequently confirmed by the University of Kerala to which this college is affiliated – it appears that there is no reason to be surprised.
But the irony of utter lawlessness and blatantly feudal despotism perpetuated in an institution devoted to legal education in a democratic nation itself seems lost, for the authorities’ commonsense about liberal education in Kerala has been that it should be neither liberal nor education nor anything to do even remotely with the practice of democracy. I have been saying this over and over again, and really, feel utterly breathless at this. Continue reading Taming the Brat? Thoughts on the Kerala Law Academy Imbroglio→
The following is a response by M J Pandey on behalf of the JOINT ACTION COMMITTEE FOR IMPLEMENTATION OF MAJITHIA WAGE BOARD, to a Times of India editorial calling for “reasonable tax and labour policies”.
With reference to the unsigned editorial ‘Indian Newspaper industry: Red Ink splashed across the bottom line’ (Times of India, Jan 19, 2017), a case is being made out for concessions to the newspaper industry on the grounds that it is in the doldrums and is beleaguered by various burdens, including that of wage board wages, GST, DAVP, etc.
Without mentioning the recent illegal closure of six editions of The Hindustan Times as the obvious peg for this, the editorial seeks a range of concessions – from a part-discontinuance of the wage board for newspaper employees, to subsidies on advertising and tax.
Clearly, what the newspaper industry has lost in judicial review, it is now seeking to stealthily recoup through administrative fiat.
Under the fig leaf of “freedom of speech”, the editorial makes a number of indefensible propositions. However, we will confine ourselves to the empiricial terrain of the Wage Boards and wish to make the following points:
That a three-judge bench of the Supreme Court headed by the then Chief Justice of India P Sathasivam had on Feb 7, 2014 (ABP Pvt Ltd and Anr vs Union of India and Ors), upheld ‘the constitutional validity of the Act and the Amendment Act, 1974’ (referring to the Working Journalists Act, 1955) and rejected the contention of improper constitution of the Wage Boards, irregularity in the procedure adopted by the Majithia Wage Board and that Majithia Wage Boards had overlooked the relevant aspects and considered extraneous factors while drafting the recommendations.
Statement by Concerned Academics and Public Intellectuals Following the Court Sentence on the EFLU Defamation Case
We the undersigned wish to express our grave concern over the fact that five senior students of the English and Foreign Languages University (EFLU), who were raising the issue of discrimination against SC and ST students in the EFLU’s Department of German, have on 13/12/2016 been charged with defamation of a professor and sentenced to six months’ imprisonment. Their protests concerned Sreeramulu M, a ST student enrolled in the BA programme of EFLU’s German Department. Sreermulu had not been allowed to continue in the programme ostensibly for his failure to maintain grades. The others who have been sentenced are office bearers of associations representing such marginalized students; they were speaking at a Press Meet held on 24/12/2012 after Sreeramulu, who had been trying for several months to be allowed to continue his course and avail remedial classes, went on fast. The defamation case was filed in March 2013. Two SC/ST atrocities complaints filed by Sreeramulu M and again by another student, Ranjan Kumar, in January 2013 are pending with the Police and are yet to be investigated.
The countrywide discussion raised through the struggles following Rohith Vemula’s death in January 2016 drew public attention to the extent of caste discrimination in our universities. SC, ST, OBC and minority students figure disproportionately in the statistics for failure, drop out, expulsion, rustication and even suicide. Educational institutions and those who run them (teachers and administrators) have been forced to acknowledge that they are implicated in this terrible attrition of young citizens and know they must initiate reforms. Yet, far too little is being done to discuss this evidence, rethink rules, temper teachers’ attitudes, reform syllabi or challenge ideas of merit that discriminate against the marginalized. A teacher’s job is to help the actual students in the classroom to learn; not to uphold abstract standards of merit. From the courts, the underprivileged expect humane recognition of the inequities of their predicament and wise support for their cause. But what they have received is a demoralizing and intimidating signal. Continue reading EFLU Defamation Case Against Students – Statement by Concerned Academics and Public Intellectuals→
Let’s begin with the usual: by ruing over Indian mainstream media’s overlooking of what could have been treated as more newsworthy. Today, that is, 16th of December, 2016 witnessed a bandh in southern Assam’s Barak valley protesting against the statement by the union minister of state for railways, Rajen Gohain that ‘Bengali…should be withdrawn from Barak valley as official language’ since ‘there cannot be two official languages’.[1] And a simple, layman-like google-news search reveals that there are just three entries on the issue/event.
This piece is aimed not at joining the state Congress and the local SUCI(Socialist Unity Centre of India) cadres who are decrying comment by Gohain, the union minister and a senior BJP leader in Assam but rather at attempting a delineation of the ominous portents which it seems to have unleashed. And of course, to trace the genealogy of the statement.
First of all, a rather facile fact: Mr. Gohain’s observation that there cannot be two official languages clashes with article 345 of the Indian constitution which allows for the adoption of one or more official languages by any state of the Indian union. Article 347 also allows for respecting the desire of a significant section of a populace of a state for the usage of a language of their choice.[2] A couple of months ago, while visiting Assam, I watched, or rather listened, on an Assamese news channel, a shrill voice issuing a caveat to its viewers, “…barak upatyakat asomiya bhasha nokoya hoiche”. ‘Assamese is no longer spoken in the Barak valley’. Anybody remotely familiar with the history of the region could have retorted back with the question, when was Assamese ever spoken in the region?
Remember the FYUP debacle? Remember (as repeatedly written about on Kafila as elsewhere) that it was the latest in a long series of badly-conceived, mindlessly-borrowed and forcibly-implemented ‘educational reforms’ that practically crippled universities around the country? And remember a certain Rev. Valson Thampu, authoritarian, controversy-soaked Principal of St. Stephens College and eager soldier for the reforms? Well Thampu, now-retired, has thrown his weight against demonetisation these days in a set of articles on The Daily O. Now the thing is, almost everything Thampu finds objectionable about monetary reform, can be said about educational reform.
No, literally, every single thing.
So I simply took his post and replaced some key words, to produce a post about education. I know, I know, it’s not nice to do this, especially when you know, he speaketh the truth on demonetisation and all. But it is too wonderful an opportunity to pass up, to not use Thampu’s own eloquent words to say, yet again, what he has steadfastly refused to listen to in the past. Besides, as I say above, this is the laziest blog post I have ever had to write – that’s always an incentive.
At an exclusive meet-the-press in Mumbai, American black feminist activist and human rights defender, Angela Davis joined feminists in India spearheading a global women’s campaign appealing to the President of India to use his Constitutional powers and repeal the draconian Armed Forces Special Powers Act (AFSPA). In doing so, she extends her solidarity to the struggles of women in India against the impunity granted to security forces under the AFSPA and the consequent widespread violation of rights in all areas where this law has been in force. In particular, Ms Davis salutes the historic struggle of Irom Chanu Sharmila whose 16 year long fast against the AFSPA helped foreground the issue both nationally, and internationally, saying “I am utterly inspired by Irom Sharmila’s strength and perseverance.”
I am writing to you because I feel that it is my duty to disabuse you of the ideas you seem to harbour of, and in the name of, Indian nationalism (and not just bark at the portentous approach of the peddlers of ‘nationalism’, the Hindutvavaadis). You are a Minister in the CPM-led government of Kerala, which was elected by Malayali citizens to ward off the monstrous Hindtuva-Nazi-Predatory Capitalist combine that has taken over India nearly, and so my barking should have been enough. But you seem to be totally wrapped up in your ignorance. Continue reading A Dog Writes to a Minister: Dear A K Balan …→
KAFILA - COLLECTIVE EXPLORATIONS SINCE 2006 