Supreme Court Verdict on Kudankulam shocking


 

NEW DELHI, May 23, 2013

 

“Verdict on Kudankulam shocking”

 

Mohammad Ali

 

 

Activists and experts under the platform of the Coalition for Nuclear Disarmament & Peace (CNDP) have termed the Supreme Court’s go-ahead to the controversial nuclear power plant at Kudankulam in Tamil Nadu “shocking” and “absurd”.

 

Arguing that the verdict will go down in history as one of the “black” judgments of the Court, Supreme Court lawyer and activist Prashant Bhushan said: “It is an unfortunate and a terrible judgment which shows the establishmentarian mindset of the SC judges, accepting whatever the Government presents, especially in the context of this mindless rush towards nuclear energy.”

 

The apex court in the first week of this month gave a green signal to the commissioning of the largest nuclear power plant of the country arguing that in order to “sustain rapid economic growth, it is necessary to double the supply of energy. Energy tariff is also increasing, and nuclear power in the long run will be much cheaper than other forms of energy”.

 

Mr. Bhushan underscored that transgressing from the actual prayers in the petition, the apex court completely overlooked brazen violation of official safety norms by the Nuclear Power Corporation of India Limited (NPCIL), the Atomic Energy Regulatory Board (AERB) and the Tamil Nadu Pollution Control Board. He also countered the logic of cheaper energy through nuclear power. Mr. Bhushan said nuclear power was the “most expensive” way of producing electricity as “there are large number of hidden costs in producing electricity through nuclear power which the court didn’t take into account.” He said the apex court also did not take into account that the AERB was not an independent body as it was just a part of the Department of Atomic Energy.

 

Kumar Sundaram from CNDP highlighted that the petitioners, concerned at the huge negative impacts of the power plant, had approached the apex court, highlighting serious issues such as recent scams allegedly involving Russian Company ZiO-Podolsk’s supply of sub-standard equipment to nuclear power plant at Kudankulam and violation of the AERB’s reactor sitting norms.

 

In their petition, the concerned groups had also raised the non-compliance with the 17 post-Fukushima safety recommendations by a special AERB committee, besides undermining of several processes of Environmental Impact Assessment and Coastal Regulatory Zone clearance and flouting of the mandate for evacuation exercises and emergency preparedness drills, Mr. Sundaram added. While delivering the verdict the Court “sidestepped all these violations and virtually affirmed all the myths we have been contesting all along. If you read the SC judgment it is like the violation has not taken place at all,” he added. Criticising the judgment, eminent journalist and founding member of CNDP Praful Bidwai also demanded time-bound implementation of the 15 cautionary guidelines proposed by the apex court, especially the one regarding the withdrawal of bogus cases against those involved in the movement against the Kudankulam nuclear power plant.

 

 

 

Activists bristle as India cracks down on foreign funding of NGOs


By , Monday, May 20, 7:14 AM E-mail the writer, WP

NEW DELHI — Amid an intensifying crackdown on nongovernmental groups that receive foreign funding, Indian activists are accusing the government of stifling their right to dissent in the world’s largest democracy.India has tightened the rules on nongovernmental organizations over the past two years, following protests that delayed several important industrial projects. About a dozen NGOs that the government said engaged in activities that harm the public interest have seen their permission to receive foreign donations revoked, as have nearly 4,000 small NGOs for what officials said was inadequate compliance with reporting requirements.
The government stepped up its campaign this month, suspending the permission that Indian Social Action Forum (INSAF), a network of more than 700 NGOs across India, had to receive foreign funds. Groups in the network campaign for indigenous peoples’ rights over their mineral-rich land and against nuclear energy, human rights violations and religious fundamentalism; nearly 90 percent of the network’s funding comes from overseas.“The government’s action is aimed at curbing our democratic right to dissent and disagree,” Anil Chaudhary, who heads an NGO that trains activists and is part of the INSAF network, said Tuesday. “We dared to challenge the government’s new foreign donation rules in the court. We opposed nuclear energy, we campaigned against genetically modified food. We have spoiled the sleep of our prime minister.”In its letter to INSAF, the Home Ministry said the group’s bank accounts were frozen and foreign funding approval suspended because it was likely to “prejudicially affect the public interest.”

A government official, who spoke on the condition of anonymity because of the sensitivity of the subject, said the government is not against criticism. But when an NGO uses foreign donations to criticize Indian policies, “things get complicated, and you never know what the plot is,” the official said, adding that NGOs should use foreign donations to do development work instead.

The United States is the top donor nation to Indian NGOs, followed by Britain and Germany, according to figures compiled by the Indian government, with Indian NGOs receiving funds from both the U.S. government and private U.S. institutions. In the year ending in March 2011, the most recent period for which data are available, about 22,000 NGOs received a total of more than $2 billion from abroad, of which $650 million came from the United States.

Government bars groups that oppose nuclear energy, human rights abuses from accepting overseas donations.

U.S. officials, including Peter Burleigh, the American ambassador at the time, quickly moved to assure Indian officials that the U.S. government supports India’s civil nuclear power program. And Victoria Nuland, then the State Department spokeswoman, said the United States does not provide support for nonprofit groups to protest nuclear power plants. “Our NGO support goes for development, and it goes for democracy programs,” Nuland said.
Although Singh was widely criticized for his fears, the government froze the accounts of several NGOs in southern India within weeks.“All our work has come to a stop,” said Henri Tiphagne, head of a human rights group called People’s Watch. “I had visited [the] Koodankulam protest site once. Is that a banned territory?”

But the government’s action appears to have had its desired effect. “NGOs are too scared to visit Koodankulam or associate with us now,” said anti-nuclear activist S. P. Udayakumar.

Meenakshi Ganguly, South Asia director of Human Rights Watch, said many NGOs are afraid to speak up about the suspension of their foreign funding approval, which is “being used to intimidate organizations and activists.”

Analysts say the government’s way of dealing with dissent is a throwback to an earlier era. But Indian authorities have been particularly squeamish about criticism of late. As citizens have protested corruption and sexual assaults on women and demanded greater accountability from public officials, authorities have often reacted clumsily — including beating up peaceful protesters and cracking down on satirical cartoons, Facebook posts and Twitter accounts.

Donors look elsewhere

Officials say NGOs are free to use Indian money for their protests. But activists say Indian money is hard to find, with many Indians preferring to donate to charities.

A recent report by Bain & Co. said that about two-thirds of Indian donors surveyed said that NGOs have room to improve the impact they are making in the lives of beneficiaries. It said that a quarter of donors are holding back on increased donations until they perceive evidence that their donations are having an effect.

“They give blankets to the homeless, sponsor poor children or support cow shelters,” said Wilfred Dcosta, coordinator of INSAF. “They do not want to support causes where you question the state, demand environmental justice or fight for the land rights of tribal people pitted against mighty mining companies.”

INSAF, whose acronym means “justice” in Urdu, has seen its portion of foreign funding increase significantly during the past 15 years. Now it receives funds from many international groups, including the American Jewish World Service and Global Greengrants Fund in the United States, and groups in Germany, Switzerland and the Netherlands.

The top American donors to Indian NGOs include Colorado-based Compassion International, District-based Population Services International and the Bill and Melinda Gates Foundation.

“It is not a question about money, it is a fight for our right to dissent,” said Chaudhary. “I don’t need dollars to block a road.”

Asked last week about the Indian government’s moves against foreign-funded NGOs, a U.S. State Department spokesman said the department was not aware of any U.S. government involvement in the cases. The spokesman said such civil society groups around the world “are among the essential building blocks of any healthy democracy.”

The situation in India is not unlike the problems that similar groups face in Russia, where a law passed last year requires foreign-funded NGOs that engage in loosely defined political activities to register as “foreign agents.”

 

#India – The Draconian #ITAct


Draconian act

free1.jpg

May 20, 2013 : dECCAN hERALD

The arrest of Jaya Vindhyala, president of the People’s Union for Civil Liberties(PUCL) in Andhra Pradesh, is the latest case of arbitrary and highhanded police action to restrict freedom of expression.

The case specifically involved online freedom of expression because the alleged offences related to a posting on a Facebook page. Vidhyala had made a posting critical of Tamil Nadu governor K Rosaiah and an AP legislator Amanchi  Krishna Mohan. While the same information published by the local print media had invited only a notice of  legal action, its online publication  has invited arrest and prosecution. It is difficult to understand how there can be different standards of response to the same information in two forms of media. Online media postings  are made by individuals and they are more vulnerable. Freedom of expression is basically the individual’s freedom to express opinions and it should be guaranteed and protected, whatever the medium of expression.

While dealing with the case, the Supreme Court has directed state governments to not arrest anybody  for a post on a networking site unless the action is cleared by senior police officials. But this is no relief because senior police officials are also vulnerable to pressure from political authorities who are offended by postings in online media, as in this case. Vindhyala’s postings contained only matters revealed under the RTI Act and other information in the public realm. And yet she is being prosecuted. This is because Section 66 A of the Information Technology Act, under which the action was taken,  is  very restrictive and draconian.

The section in effect differentiates between an ordinary citizen and a person who uses social media for comment. While the citizen has a defence under Section 19(1)(a)  of the Constitution and other relevant provisions of the law, the netizen can be proceeded against under Section 66 A. This is anomalous because social media is actually gaining more popularity and importance than conventional media and they provide an empowering forum for individuals.

This section should be removed from the IT Act because it is discriminatory and liable to be misused, whatever the guidelines that are given to the police. A number of cases of highhanded actions under the provision  have come to light, including  the arrest of two girls in Maharashtra who questioned the shutting down of Mumbai in the wake of Bal Thackeray’s death. Union Law minister Kapil Sibal’s recent assurances on the bill in parliament were not convincing.

 

No Justice For Insaf


SABA NAQVI, Outlook Magazine, May 27, 2013
 
Right to protest suffers another setback with this forum stifled
On April 30, 2013, the Union ministry of home froze the bank account of a coalition known as INSAF (Indian Social Action Forum) and suspended its registration under the Foreign Contribution Regulation Act or FCRA. INSAF is a network of 700 NGOs, people’s movements against acquisition of lands and forests and other resistances from Koodankulam to Kashmir. It has been a sort of facilitator, a clearing house for donations and support to various struggles. The home ministry believes its actions to “be prejudicial to public interest”.
On May 13, less than two weeks after the attempt to stifle INSAF, news agency Reuters filed this report: “Foreign institutional investors’ (FIIs) ownership of the BSE Sensex stocks touched its highest in eight years as of the January-March quarter, Bank of America Merrill Lynch said in a research report. During the Jan-March quarter, FIIs were net buyers of Indian equities, while domestic mutual fund companies and state-owned insurer lic were sellers, it said. According to regulatory data, FIIs have been net buyers for 15 consecutive sessions, bringing their total investment for the year to $12.70 billion.”
The contrast is quite remarkable. We celeb­rate those who come to set up business, invest in the stock market, mine our natural resources, build nuclear plants and run them. These investors in smart suits and sharp shoes are to be feted and waited upon. They are the good people with the big bucks who fit into the idea of India as an economic powerhouse, the winners in this game of globalisation.
Then there are the wretched of the earth who stand in the way of this wonderful progress. These little people inconvenience the big plans, be it the POSCO project in Orissa, SEZs across the country or the nuclear plant in Tamil Nadu. There seems to be no ambiguity on the issue for those who run the country, frame its laws and implement them: those who resist are a danger to public order.
Given the recent action on INSAF, one can only presume this is the Orwellian standard that will now be applied in a future India. Without getting into the complexity of FCRA, there is something seriously wrong with the spirit of the law. Basically, it can be countered not by legalese but by a very simple argument: if a government can get billions of dollars worth of foreign investment for a specific project that is cleared on paper, why can’t a meagre amount of foreign funds reach activists who wish to help those who actually live on the land where these projects are planned? And we are talking small change here, a few thousands to a few lakhs compared to the billions on the other side.
How did we end up creating a world where those who make the blueprints are celebrated while those who sweat it out with people are seen as dangerous?
The attempt to crack down on INSAF has been made possible because of the amendments to FCRA in 2010. Rule 3 of the law now says that the activity of any organisation that “employs common methods like bandh or hartal, rasta roko or jail bharo” will be deemed political in nature although it is not a political party. The government, of course, has the right to define such organisations.
The point here is not to argue against a scrutiny of funds that come for political activity. The rules, in fact, began to be tightened in 1984 when several Sikh organisations using violent methods were getting funds from abroad. The VHP likewise raises money outside India for activities that are certainly political. But how can legitimate struggles against specific policies, the leitmotif of a healthy democracy, be seen in the same light as advocacy of separatism, violence or communal hatred? The UN Human Rights Cou­ncil resolution adopted on March 21 this year actually called upon states to ensure that “restrictions are not discriminatorily imposed on potential sources of funding aimed at supporting the work of human rights defenders”.
And if we are so suspicious of foreign funds coming for those who influence public opinion, why leave out the media? According to a FICCI report, FDI inflows to the information & broadcasting sector, including the print media, was $2.17 billion in India in Apr 2010-Mar 2011. The same report says that “India has one of the most liberal investment regimes and the media and entertainment industry has significantly benefited from this.” But we see no grand conspiracy about the “foreign hand” if the news channel we watch or the newspaper we read is partly owned by foreign groups when in fact there is evidence that the media now accepts certain agendas unquestioningly.
The INSAF story is at its core an action against the idea of legitimate protest on which this country was built. In an age of corruption at every level, it’s an obvious attempt to intimidate those who challenge certain notions of “progress” and care about things other than profit margins.

 

HC rejects petitions against nuclear plant in Haryana village #WTFnews


TNN | May 17, 2013, 09.09

A division bench of the HC comprising Justice A K Mittal and Justice G S Sandhawalia passed these orders while giving reference to recent supreme court judgment, giving a go-ahead for Kudankulam nuclear power plant in Tamil Nadu, in which SC had observed that such plants are set up for the welfare of people and for sustainable growth.

In the Kudankulam case, the apex court in its May 6 orders had also observed that development of nuclear energy is important for India and allowing the plant is in larger public interest.

The development is significant, as a large number of petitioners of Gorakhpur village, whose land was acquired by the government for setting up the plant, had moved the Punjab and Haryana high court demanding quashing of government notifications, whereby the process of acquiring around 1,500 acre land of Gorakhpur and adjoining villages of Fatehabad district was initiated.

In their petition, filed in January 2012, the farmers had also sought directions to shift the site of project towards barren or less fertile land, which is in abundance in the adjoining villages of other districts.

Contending that the plant is proposed on fertile land, which is the only source of their livelihood, villagers had submitted that the said land gives 2-3 crops per year and there is no reason why such fertile land has been selected for the plant.

Villagers have also argued that in the instant case, Haryana government has shown undue haste for acquisition of land without considering the suitability of land from Union ministry of environment and AERB and Nuclear Power Corporation.

“No public objection was invited while publishing the site selection. Farmers are protesting and the state government remained insensitive despite death of three protesting farmers in the past one year,” the petition had alleged.

During the hearing of the petition, it also emerged that a large number of petitioners had accepted compensation amount from the state government against acquisition of their land.

The Nuclear Power Corporation of India Ltd (NPCIL) is expected to start construction work of the project in August this year.

 

KNPP Commissioning Postponed


English: Construction site of the Koodankulam ...

English: Construction site of the Koodankulam Nuclear Power Plant Deutsch: Baustelle des Kernkraftwerks Kudankulam (Photo credit: Wikipedia)

 

 

CHENNAI | MAY 15, 2013

 

Nuclear Power Corporation of India Ltd has postponed the expected date of commissioning of the first unit of Kudankulam Nuclear Power Plant to next month.

With a physical progress completed upto 99.66 per cent, the 1,000 MW first unit is expected to be commissioned next month, NPCIL website said.

Earlier, NPCIL expected it to be commissioned by this month.

NPCIL is building two 1,000 MW VVER nuclear power units with Russian collaboration at Kudankulam in Tirunelveli district of Tamil Nadu.

The Supreme Court had on May 6 cleared hurdles in commissioning of the controversial plant, saying that the safety and security requirements have been taken care of and the project would benefit larger public interest.

The project has missed several deadlines since December last year following protests by locals over safety concerns.

 

 

 

 

Anti-Posco leader Abhay Sahu arrested


By PTI | 11 May, 2013, abhaysahoo
READ MORE ON » tamil nadu | PPSS | POSCO | Patana village | explosion | Abhay Sahu
BHUBANESHWARAnti-Posco leader Abhay Sahu was arrested today in connection with several cases including a bomb blast in the proposed steel project site in Odisha’s Jagatsinghpur district, the police said.

“Sahu, who was to leave for Coimbatore in Tamil Nadu to attend a meeting there, was arrested from Bhubaneswar by a police team from Jagatsinghpur shortly before departure of his flight,” Deputy Superintendent of Police (Paradip), Bhabani Shankar Mishra said.

Acting on an information, the police team reached the state capital and arrested the Posco Pratirodh Sangram Samiti (PPSS) leader before taking him to Kujanga near Paradip in Jagatsinghpur district, the DSP said.

There are a total of 54 cases of different nature against Sahu, he said, adding the PPSSleader was on bail in 50 cases and the arrest was made in connection with four fresh cases involving a bomb explosion, obstruction in government work and other offences.

Claiming that he was implicated in false cases, Sahu said he was to leave for Coimbatore yesterday to attend a conference but deferred his visit as his son-in-law fell ill and was hospitalised.

Maintaining that he would continue to oppose the mega project proposed by the South Korean steel major, the PPSS leader said he was to take a flight to Chennai to attend the conference but police arrested him before his departure.

Sahu, who has been leading an agitation under the banner of PPSS against the mega steel project since 2005, had been arrested more than two years ago in connection with various offences.

He was released after obtaining bail in December 2011, police said, adding that four new cases were subsequently slapped against the anti-Posco leader.

One of the cases was related to an explosion allegedly during bomb making at Patana village in which three persons were killed on March 2, this year, police said.

Sahu would be produced before a court at Kujanga shortly, the DSP said.

 

Mobile Phone of RSS Leader used to trigger Bangalore blast


Thursday, 9 May 2013
May 09:

The investigation into the April 17 bomb blast near the BJP office in Bangalore has now taken a new turn with police finding that a stole SIM card and phone of a prominent RSS leader was used to trigger the blast which left 11 policemen and five civilians wounded. The police sources have told The New Indian Express that the mobile phone of the RSS leader was stolen just a day before the blast.

“We did a technical investigation of what triggered the improvised explosive device (IED) that injured 11 policemen and five civilians. Through a mobile tower near the bomb blast area we traced a number, which was registered in the name of a prominent RSS leader from Karnataka. We found out that the cellphone was stolen from him just a day before the blast,’’ the English daily has quoted a top police source as saying.

The probe team has collected all relevant material, including CCTV footage of the person who parked the motorbike prior to the blast. The footage is said to have showed that the suspect tried to park it in front of the BJP office gate twice, but security personnel stopped him. “The footage clearly shows him parking the mobike, with the front facing the road. His face is not clear in any of the shots as he is wearing a helmet,’’ the source said.

So far, nine suspects – all Muslims — have been arrested in the case from different parts of Tamil Nadu and some of them from jail. However, the latest finding of the police about the SIM card may point to another culprit group. It is most possible the phone of RSS leader was stole by people around him. And as the police said it was stolen just a day before the blast, then it is most likely that the culprits planned and executed the act while being in Bangalore itself.

Meanwhile, the Bangalore Police on Tuesday produced blast suspects Rehamathulla (29), Asgar Ali (29), Hakeem (31) and Tenkasi Suleman (24), arrested from Salem jail, and Suleman (31), who was arrested in Coimbatore, before the ACCMM I court. The five were remanded in police custody till May 18, along with Kichan Buhari and Basheer, the other suspects.

 

Narendra Modi – Manual Scavenging is a Spiritual Experience #WTFnews


 Narandra Modi's Vibrant Gujarat Story: Propaganda vs Fact #mustread

MAINSTREAM, VOL LI, NO 18, APRIL 20, 2013

On Modi’s Social Engineering

Subhash Gatade

 

The system of untouchability has been a goldmine for the Hindus. This system affords 60 millions of untouchables to do the dirty work of scavenging and sweeping to the 240 million Hindus who are debarred by their religion to do such dirty work. But the work must be done for the Hindus and who else than the untouchables?

Dr B.R. Ambedkar

Can shit collection or cleaning of gutters—which has condemned lakhs of people to a life of indignity since ages—be considered a ‘Spiritual Experience’? Definitely not. Everybody would yell. Well, Mr Narendra Modi, the Chief Minister of Gujarat, has a different take on this, which he mentions in the book ‘Karmayog’ (publication year 2007).

The book is basically a collection of his speeches to high-profile IAS officials. Herein he discusses the age-old caste-based vocation of the Valmikis as an “experience in spirituality”. He writes: “I do not believe that they have been doing this job just to sustain their livelihood. Had this been so, they would not have continued with this type of job generation after gene-ration…. At some point of time, somebody must have got the enlightenment that it is their (Valmikis’) duty to work for the happiness of the entire society and the Gods; that they have to do this job bestowed upon them by Gods; and that this job of cleaning up should continue as an internal spiritual activity for centuries. This should have continued generation after generation. It is impossible to believe that their ancestors did not have the choice of adopting any other work or business.”

Looking at the fact that a section of the Dalits themselves—especially its upwardly mobile and more articulate section—has joined the Hindutva bandwagon, it was expected that there would be no angry reaction to his utterances within the State. A section of the Ambedkarite Dalits and many human rights activists did protest but their voices got drowned in the cacophony of voices of Modi supporters. It is a different matter that when Modi’s remark got published in The Times of India in mid-November 2007, which was later translated in a few Tamil news-papers, it resulted in a massive reaction of Dalits in Tamil Nadu. Not only did they stage protests for calling their menial job a “spiritual experience” but Modi’s effigies were burnt in different parts of the State. Sensing trouble Modi immediately withdrew 5000 copies of the book, but still stuck to his opinion. Two years later, addressing 9000-odd safai karmacharis, he likened the safai karmacharis’ job of cleaning up others’ dirt to that of a temple priest. He told them: “A priest cleans a temple every day before prayers, you also clean the city like a temple. You and the temple priest work alike.”

One was reminded of these ideas of Mr Modi when news came in that the Budget for the coming year passed by the Gujarat State Assembly has allocated a sum of Rs 22.5 lakhs for giving training in karmkand (rituals) to the safai kamdars themselves. The idea is to train them in scriptures so that they can perform puja. It is clear that the ‘new scheme’, as it was presented before the people, was just a revised version of its earlier version wherein members of the Scheduled Castes were given training to become ‘Gurubrahmins’ so that they could also perform pujas. Insiders can also share with you that the said scheme has miserably failed and people who were trained to perform pujas are still searching for jobs.

It could well be asked that if Modi values safai karmacharis so highly, why is it that he has begun outsourcing all the menial jobs for a very low pay, between Rs 3000 and Rs 3500 per month per worker? Why are they not being employed on a permanent basis? A leading Dalit poet raised an altogether different question: “Why didn’t it occur to Modi that the spirituality involved in doing menial jobs hasn’t ever been experienced by the upper castes?”

It is worth emphasising that when the Gujarat Government declared its intention to train safai kamdars in karmkand, supposedly to integrate them into the mainstream of the Hindu society, it also happened to be the period when the anti-Dalit stance of the people in power was very much evident in two clear examples: the manner in which the State officials tried to cover up the social boycott of Dalits in a village, and the way they tried to save the guilty police officials involved in Dalit killings; both of these had already hit the headlines.

Not very many people would have heard about the village Galsana, Dhanduka tehsil, Ahmedabad district, which is around 100 kms from the city. The Dalits in the village, who are about 500 in number, are not allowed entry into any of the five temples in the village. The younger generation of Dalits protested this ban which resulted in their social boycott. When the news last came in, the boycott was already a few months old. Incidentally when officers from the Social Justice Department visited the village, they did not even acknowledge that Dalits are facing social boycott, forget asking the police to take action against the guilty.

The other news concerned the arrest of guilty police officials involved in the gruesome killings of Dalits at Thangarh. (September 2012) After four months, cop Jadeja and two other accused police officials in the Thangarh Dalit massacre case were arrested on February 23, 2013. It is reported that the killings at Thangarh were the fallout of a minor clash between Dalits and Bharwads over auctioning of stalls at an annual fair organised by the Thangarh municipality. When the Dalits filed a complaint against the Bharwads at the police station, the police refused to take any action; the anger of the Dalits spilled over onto the streets the next day which saw the participation of Dalits in large numbers and the police resorting to strong-arm tactics resulting in the killings. Despite knowing the fact that the infamous police officer had on an earlier occasion also fired upon the Dalits without any provo-cation, the administration tried every trick in its kitty to save him and his colleagues. It was only because of judicial intervention that they were ordered to be arrested.

Galsana and Thangarh can be said to be tip of the iceberg as far as Dalit deprivation and denial of justice is concerned. In fact much has been written about the way the Scheduled Castes and Scheduled Tribes (Atrocities Prevention) Act, 1989 is implemented in the State. One finds that the rate of conviction of cases under the Prevention of Atrocity Act against SCs/STs in Gujarat is a mere 2.5 per cent while the rate of acquittal is 97.5 per cent. A 23-page confidential report submitted by the State Social Justice Department to the State Chief Secretary and Legal Department provides glaring examples of ‘mishandling of cases registered under Prevention of Atrocities Act against SCs/STs’. (The Indian Express, September 15, 2006)

The report provides details of how cases are not investigated properly by the police and the hostile role played by public prosecutors during the time of trials.

• The Act clearly stipulates that offences which are registered under this Act cannot be investigated by an officer below the rank of DySP but more than 4000 such cases have been investigated by the Police Inspector or Police Sub-Inspector.

• Acquittal of the perpetrator because the victim not identified as a member of the SC or ST community. Reason: not attaching caste certificate of the victim with the case papers.

• Public prosecutors’ false claims before the courts that the Act has been modified by the State Government although it is known that it is a Central Act.

• Granting of anticipatory bails although there is no such provision in the Act. Interestingly, the Parliamentary Committee on SC and ST affairs had also expressed concern over such anticipatory bails granted ‘in atrocity cases in the State of Gujarat’.

In this backdrop it is worth underlining how little Mr Modi knew about this important law and its implications. One could rather say that in Gujarat the Chief Minister is directly responsible for the non-implementation of the Atrocity Act. As Raju Solanki, the famous poet and Dalit rights activist, writes in his blog:

It was on April 16, 2004, that a question was asked to Chief Minister Modi in the Gujarat Legislative Assembly: “Honourable Chief Minister [Home] may oblige us to tell, is it true that the DSP is responsible for the appointment of an officer not below the rank of DySP as investigating officer in the offences under the Atrocities Act?” The answer of our Chief Minister was shocking. He said: “No, but there is a provision under rule 7 (1) of SC/ST Act, 1995 to appoint officers not above the rank of DySP to inquire into all cases booked under atrocities act. It is not the responsibility of the DSP.”

The officer not above the rank of DySP” means he may be a PSI or PI and in most of the atrocities cases courts acquit the accused because the investigation officer is either a PSI or PI. Over 150 such judgments collected by the Council for Social Justice revealed that in 95 per cent of the cases, the accused have been acquitted because of negligence on the part of the authorities. In a number of these cases, while the accused has been convicted under the IPC section for murder and attempt to murder, he has gone scot-free on the atrocity charge.

In the end, one would like to put on record the way the presence of Dalits in records is being obliterated without any qualims. During the panchayat elections, Nathu Vadla, a small village of Gujarat with hardly 1000 population, had suddenly hit the headlines. The panchayat election in this village was to have been conducted on the basis of the 2001 data. The village has at least 100 Scheduled Caste people and one seat was to be reserved as per law, but the census data has not been modified since in 2001 the SC population was nil in the village; the election in 2013 was to have been conducted on the basis of the 2001 census. Here also the courts had to intervene to stay the election in the village. The Gujarat High Court stayed the election in the village saying that the electoral exercise in the circumstances would be a ‘mockery of democracy’.

 

When development triggers caste violence


The educational and economic development of Dalits is seen by the backward castes as a challenge to the social order, as recent incidents in Tamil Nadu show

On the evening of November 7, 2012, a crowd numbering over 1000 people burst into three Dalit settlements in Dharmapuri, north-western Tamil Nadu, and laid them waste. Over a period of several hours, they looted, smashed and burned. Trees had been felled on all approach routes to prevent police and fire-tenders from reaching the scene and those officers who were present decided that discretion was the better part of valour. Over 260 houses were razed to the ground, valuables worth millions of rupees stolen, and goods from televisions to motorbikes smashed and set on fire.

Status competition

The immediate motive for this sustained attack was said to be an inter-caste marriage between a Dalit man and a backward caste woman. Tamil Nadu, however, has a long history of anti-caste activism which encouraged cross-caste marriages. Even today, couples marrying across caste are entitled to various state benefits. This region, furthermore, has a history of communist inspired mobilisation that saw the poor of all castes uniting against landlords and industrialists. In the past 20 years, however, caste identities have been increasingly politicised and polarised by politicians seeking to make political capital out of community identities. It is caste politics and status competition that underpin such violence rather than domestic politics; a point emphasised in May 2013 when violence erupted once more around a Vanniyar (Most Backward Caste) caste conference.

Those at the forefront of the current upsurge in violence are those called the ‘backward’ or the ‘most backward’ castes. These are formal categorisations that entitle groups to affirmative action in recognition of the fact that they have historically lacked the privileges of education and social status. These castes are located just above Dalits in the caste hierarchy but tend to own land. These castes have increasingly mobilised politically to demand special provisions for their group.

In so doing they have reinforced the boundaries of caste and mobilised against perceived threats and injustices. One recurrent assertion of such groups is that Dalits receive favourable treatment from the state and misuse anti-caste legislation to get back at higher castes. Attempts by Dalits to assert themselves in the late 1990s, thus, were met by violent repression from backward castes anxious to defend their status and dominance.

The tragedy of the situation is that there have been systematic efforts to reduce caste tensions in this millennium. Thol. Thirumavalavan, Member of Parliament, Viduthalai Chiruthaigal Katchi (VCK-Liberation Panther Party) — the largest Dalit party in Tamil Nadu — came to prominence for his fiery rhetoric that promised to hit back against caste aggression and spoke of a counter-violence of the oppressed. Since gaining office, however, he joined hands with Dr. S. Ramadoss — leader of the Most Backward Caste Vanniyar party, Pattali Makkal Katchi — and campaigned on Tamil issues in the interests of social harmony. Indeed, as Gowthama Sannah — Dalit intellectual and VCK leader — put it in 2012:

“Back then when we spoke of hitting back, Mukkulathors and Vanniyars were vehemently and violently anti-Dalit. After Dalits started to counter-attack, their predatory instincts diminished. Now they do not engage in major riots, they do not tend to set light to cheris [Dalit settlements], they do not tend to muster people to attack Dalits. Though small-scale violence persists in many places, the will to engage in major clashes has declined. Then why should we stick to the same ‘hit back’ slogan and strategy? You can only say that when there is a need. Now, when they are being quiet — after the war, peace is the only way.”

Barely a month after this statement, caste ‘wars’ erupted again. Following on from the arson in Dharmapuri there have been similar incidents elsewhere. One question that has been raised is whether this violence can be understood as a form of untouchability or whether it reflects the more recent politicisation of identity. Certainly Dalits have been hitting back across India, but to equate this to the eradication of hierarchy would be premature. Dalits — or Scheduled Castes as they are known in official documents — are still disproportionately represented amongst the poor and landless and still struggle to realise the promises of the Constitution.

While activists are fond of insisting that nothing changes, caste is clearly changing across India and Dalits are developing economically and educationally just as others are. Indeed, it is arguably because of this development that the current conflicts arise. Quietly and gradually, Dalits are escaping forms of dependence and, in so doing, are posing a challenge to the caste order that those just above them in the caste hierarchy find hard to stomach. In Dharmapuri in 2012 and Marakkanam in 2013, mobs deliberately targeted the economic assets of their victims. One factor fuelling their animosity is that Dalits no longer act as submissive agricultural labourers in the fields of the dominant castes. This resentment feeds into a sense of insecurity that is captured in backward caste slogans that say: “first our jobs and now our women.” Women’s bodies, here, serve as the embodied markers of caste purity and so it is when Dalit men marry Vanniyar women that issues arise. The voices and choices of the women concerned are lost in the claims and counter-claims of male politicians.

For all Sannah’s talk of peace, the violence in Dharmapuri was not completely unexpected. Earlier in the year, a Vanniyar Member of the Legislative Assembly had threatened violence against any non-Vanniyar who dared to marry a Vanniyar girl. Though this hate speech was made on an open stage, no action was taken against him for inciting violence. Such speeches are extremely popular within the party because they counter-pose valorous sons-of-the-soil against uppity Dalits who ought to know their place. This construction of an exclusive identity helps create internal solidarity that may help the party in elections, but commentators are increasingly questioning the social costs of such a strategy. Finally, in May 2013, senior members of the PMK were arrested and charged with inciting violence; a move which prompted widespread disruption across the State and party members smashed and burned vehicles, blocked roads and took to the streets.

Vociferous forms

It is tempting to dismiss this violence as indicating the continuing significance of age-old caste identities and relations. To do so, however, ignores the fact that the caste system is clearly changing and the structures underpinning it are starting to shift. Old certainties are being eroded and caste identities are assuming new — often more vociferous — forms. Aspects of caste and untouchability, however, continue to be embedded in the make-up of Indian society. Much as institutions in the U.K. had to confront issues of institutionalised racism, those in India need to recognise and address institutionalised casteism throughout society.

The road towards a casteless and egalitarian society will be long and tortuous, and the divisions between Dalits and ‘caste Hindus’ will prove hardest of all to bridge. Standing by while politicians spew casteist venom renders the authorities partly culpable for caste polarisation and any ensuing violence. If the belated arrest of politicians responsible for ‘hate-speech’ signals a new and more proactive approach to caste politics, then perhaps some good may arise from the ashes of Dalit homes in Dharmapuri.

(Hugo Gorringe is Senior Lecturer in Sociology, University of Edinburgh. Email:Hgorring@staffmail.ed.ac.uk)

 

 

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