#India – Why Salwa Judum was held Unconstitutional by Supreme Court


 

Excerpts from

NANDINI SUNDAR & ORS.
VERSUS
STATE OF CHATTISGARH

 

What is ominous, and forebodes grave danger to the security
and unity of this nation, the welfare of all of our people,
and the sanctity of our constitutional vision and goals, is
that the State is drawing the wrong conclusions, as pointed
out by the Expert Group of the Planning Commission cited
earlier. Instead of locating the problem in the socioeconomic matrix,

and the sense of disempowerment wrought by

the false developmental paradigm without a human face, the
powers that be in India are instead propagating the view
that this obsession with economic growth is our only path,
and that the costs borne by the poor and the deprived,
disproportionately, are necessary costs. Amit Bhaduri, a
noted economist, has observed:
“If we are to look a little beyond our middle class noses,
beyond the world painted by mainstream media, the picture is
less comforting, less assuring…. Once you step outside the
charmed circle of a privileged minority expounding on the
virtues of globalization, liberalization and privatization,
things appear less certain…. According to the estimate of the
Ministry of Home Affairs, some 120 to 160 out of a total of 607
1 Ajay K. Mehra, supra note 114
districts are “Naxal infested”. Supported by a disgruntled and
dispossessed peasantry, the movement has spread to nearly onefourth of Indian territory. And yet, all that this government
does is not to face the causes of the rage and despair that
nurture such movements; instead it considers it a menace, a lawand-order problem…. that is to be rooted out by the violence of
the state, and congratulates itself when it uses violence
effectively to crush the resistance of the angry poor…. For the
sake of higher growth, the poor in growing numbers will be left
out in the cold, undernourished, unskilled and illiterate,
totally defenceless against the ruthless logic of a global
market…. [T]his is not merely an iniquitous process. High growth
brought about in this manner does not simply ignore the question
of income distribution, its reality is far worse. It threatens
the poor with a kind of brutal violence in the name of
development, a sort of ‘developmental terrorism’, violence
perpetrated on the poor in the name of development by the state
primarily in the interest of corporate aristocracy, approved by
the IMF and the World Bank, and a self-serving political class….
Academics and media persons have joined the political chorus of
presenting the developmental terrorism as a sign of progress, an
inevitable cost of development. The conventional wisdom of our
time is that, There Is No Alternative…. And yet this so widely
agreed upon model of development is fatally flawed. It has
already been rejected and will be rejected again by the growing
strength of our democratic polity, and by direct resistance of
the poor threatened with ‘developmental terrorism”.
15.As if the above were not bad enough, another dangerous
strand of governmental action seems to have been evolved
out of the darkness that has begun to envelope our policy
makers, with increasing blindness to constitutional wisdom
and values. On the one hand the State subsidises the
private sector, giving it tax break after tax break, while
simultaneously citing lack of revenues as the primary
reason for not fulfilling its obligations to provide
adequate cover to the poor through social welfare measures.
On the other hand, the State seeks to arm the youngsters
amongst the poor with guns to combat the anger, and unrest,
amongst the poor.
16.Tax breaks for the rich, and guns for the youngsters
amongst poor, so that they keep fighting amongst15
themselves, seems to be the new mantra from the mandarins
of security and high economic policy of the State. This,
apparently, is to be the grand vision for the development
of a nation that has constituted itself as a sovereign,
secular, socialist and democratic republic. Consequently,
questions necessarily arise as to whether the policy
makers, and the powers that be, are in any measure being
guided by constitutional vision, values, and limitations
that charge the State with the positive obligation of
ensuring the dignity of all citizens.
17.What the mandarins of high policies forget is that a
society is not a forest where one could combat an
accidental forest fire by starting a counter forest fire
that is allegedly controlled. Human beings are not
individual blades of dry grass. As conscious beings, they
exercise a free will. Armed, the very same groups can turn,
and often have turned, against other citizens, and the
State itself. Recent history is littered with examples of
the dangers of armed vigilante groups that operate under
the veneer of State patronage or support.
18.Such misguided policies, albeit vehemently and muscularly
asserted by some policy makers, are necessarily contrary to
the vision and imperatives of our constitution which
demands that the power vested in the State, by the people,
be only used for the welfare of the people – all the
people, both rich and the poor -, thereby assuring
conditions of human dignity within the ambit of fraternity
amongst groups of them. Neither Article 14, nor Article 21,
can even remotely be conceived as being so bereft of
substance as to be immune from such policies. They are
necessarily tarnished, and violated in a primordial sense
by such policies. The creation of such a miasmic16
environment of dehumanization of youngsters of the deprived
segments of our population, in which guns are given to them
rather than books, to stand as guards for the rapine,
plunder and loot in our forests, would be to lay the road
to national destruction. It is necessary to note here that
this Court had to intercede and order the Government of
Chattisgarh to get the security forces to vacate the
schools and hostels that they had occupied; and even after
such orders, many schools and hostels still remain in the
possession and occupancy of the security forces. Such is
the degree of degeneration of life, and society. Facts
speak for themselves.
19.Analyzing the causes for failure of many nation-states, in
recent decades, Robert I. Rotberg, a professor of the
Kennedy School, Harvard University, posits the view that
“[N]ation- states exist to provide a decentralized method
of delivering political (public) goods to persons living
within designated parameters (borders)…. They organize and
channel the interests of their people, often but not
exclusively in furtherance of national goals and values.”
Amongst the purposes that nation-states serve, that are
normatively expected by citizenries, are included the task
of buffering or manipulation of “external forces and
influences,” and mediation between “constraints and
challenges” of the external and international forces and
the dynamics of “internal economic, political, and social
realities.” In particular he notes:
“States succeed or fail across all or some of these dimensions.
But it is according to their performance – according to the
levels of their effective delivery of the most crucial political
goods – that strong states may be distinguished from weak ones,
and weak states from failed or collapsed states…. There is a
hierarchy of political goods. None is as crucial as the supply
of security, especially human security. Individuals alone,
almost exclusively in special or particular circumstances, can
attempt to secure themselves. Or groups of individuals can band17
together to organize and purchase goods or services that
maximize their sense of security. Traditionally, and usually,
however, individuals and groups cannot easily or effectively
substitute private security for the full spectrum of public
security. The state’s prime function is to provide that
political good of security – to prevent cross-border invasions
and infiltrations, to eliminate domestic threats to or attacks
upon the national order and social structure… and to stabilize
citizens to resolve their disputes with the state and with their
fellow human inhabitants without recourse to arms or other forms
of physical coercion.”1
20.The primary task of the State is the provision of security
to all its citizens, without violating human dignity. This
would necessarily imply the undertaking of tasks that would
prevent the emergence of great dissatisfaction, and
disaffection, on account of the manner and mode of
extraction, and distribution, of natural resources and
organization of social action, its benefits and costs. Our
Directive Principles of State Policy explicitly recognize
this. Our Constitution posits that unless we secure for our
citizens conditions of social, economic and political
justice for all who live in India, we would not have
achieved human dignity for our citizens, nor would we be in
a position to promote fraternity amongst groups of them.
Policies that run counter to that essential truth are
necessarily destructive of national unity and integrity. To
pursue socio-economic policies that cause vast disaffection
amongst the poor, creating conditions of violent politics
is a proscribed feature of our Constitution. To arrive at
such a situation, in actuality on account of such policies,
and then claim that there are not enough resources to
tackle the resulting socio-political unrest, and violence,
within the framework of constitutional values amounts to an
abdication of constitutional responsibilities. To claim
that resource crunch prevents the State from developing
1 “The Failure and Collapse of Nation-States – BREAKDOWN, PREVENTION AND FAILURE” in
“WHEN STATES FAIL: CAUSES AND CONSEQUENCES” Robert I. Rotberg, Ed., Princeton
University Press (2004).18
appropriate capacity in ensuring security for its citizens
through well trained formal police and security forces that
are capable of working within the constitutional framework
would be an abandonment of a primordial function of the
State. To pursue policies whereby guns are distributed
amongst barely literate youth amongst the poor to control
the disaffection in such segments of the population would
be tantamount to sowing of suicide pills that could divide
and destroy society. Our youngsters are our most precious
resource, to be nurtured for a better tomorrow. Given the
endemic inequalities in our country, and the fact that we
are increasingly, in a demographic sense, a young
population, such a policy can necessarily be expected to
lead to national disaster.
21. Our constitution is most certainly not a “pact for national
suicide.”1 In the least, its vision does enable us, as
constitutional adjudicators to recognize, and prevent, the
emergence, and the institutionalization, of a policing
paradigm, the end point of which can only mean that the
entire nation, in short order, might have to gasp: “The
horror! The horror!”

DOWNLOAD FULL JUDGEMENT HERE

Maharshtra to respect woman’s right to own her surname #goodnews #Womensday


Sandeep Ashar TNN 
Mumbai: The state is seeking to respect a woman’s right to use her own surname, set up a separate censor board for TV and protect women employed in late-night jobs. These are some highlights of the new policy on women, which will be officially unveiled on Friday, 12 years after the state’s previous policy was released.
The state would issue a directive stating that it would not insist on a woman using her husband’s or father’s surnames in government procedures and schemes. Action would be initiated against officials violating the directive.
Objecting to the “indecent” or “disrespectful” portrayal of women in serials, films and the media, the policy highlights the need for regulatory mechanisms, including a censor board for television. About 50% of members on such a censor board would be women. The members would include social
workers and women from NGOs. The head of the censor board would not be a person from the film, television or advertisement fraternity, the policy controversially states.
The policy also seeks special guidelines for the safety of women employed in late-night jobs, while advocating strict action against acts of moral policing. There would be stricter punishment for those involved in acid attacks.
Laws are to be amended to help women in live-in relationships claim maintenance after separation. Divorce laws would be changed to reduce the separation period from two years to one in cases of mutual consent.
Stricter punishment would be given to doctors guilty of illegal abortions and pre-natal sex determination.
The government would make it mandatory for educational institutions to hold karate workshops once in three months for girl students. To arrest the dropout ratio, it would lower the interest rate on loans for higher education for girls and extend the time for repayment. Schools would have to compulsorily appoint a woman physical training teacher. Sanitary pads would be made available to students at concessional rates.
The policy seeks to improve the welfare of various disadvantaged sections, like sex workers and transgenders. The state aims to offer residential accommodation to out-of-work transgenders. A welfare board and census are proposed for transgenders, who would be issued pink ration cards.
OTHER FEATURES OF POLICY P rime-time serials to have women-related messages and helpline numbers | Women’s health index to be charted | Sexeducation in school curricula | Govt dept to use 10% funds for women’s development | Terminal care centres for elderly women | Special girls’ room mandatory in schools | Toilets every 0.5km

 

Has Change.org compromised its values for ad revenue? #Benrattray #Mustshare


by  Oct 31, 2012, FIRSTPOST
Change.org has changed. And chances are that you might have missed it.

The social action platform, which is credited with hosting many online campaigns to bring about change, is facing criticism for replacing its ‘values based’ advertising policy for an ‘open’ approach in which advertisements are accepted based on the content of the ad, not the group doing the advertising, says a company document meant for internal circulation, but which got leaked before the company could go public with its re-branding strategy.

In effect, the company has allowed for advertisements from various quarters including corporate houses and political parties.

Screenshot from Change.org

What this means is that even anti-abortion, pro-gun, union-busting advertising and ads by political parties will be allowed on the site, marking a remarkable change in the overall outlook of the company.

Before the policy shift, according to the document, the company’s advertising policy was values based. It accepted clients case by case, one at a time, based on their alignment with its values as a company.

The new advertising policy is akin to those of many leading platforms, open by default to any group that wants to advertise with them. “We are open to organizations that represent all points of view, including those with which we personally (and strongly) disagree,’ reads the document.

As per the company’s original strategy, it was not to allow campaigns by political parties as, “there were a number of risks involved in allowing political ads, in particular around our brand and user experience.”

The decision to allow political ads, is based on the feedback from the team including staff from outside the US, reads the document. “One of the primary ways people get involved in civic participation is through politics and elections, and we don’t want to close door to political actors engaging in change.org- something which they can do through many channels, and which has the potential to increase their responsiveness to citizens overall.”

Kamayani Bali Mahabal, an online campaigner based in Mumbai, who has initiated many petitions on change.org, says that the company’s advertising policy shift demonstrates the potential perils of for-profit companies founded on progressive values, and shows the power of money.

Read more here-http://www.firstpost.com/living/has-change-org-compromised-its-values-for-ad-revenue-509088.html

What Twitter’s New Censorship Policy Means for Human Rights


Image representing Twitter as depicted in Crun...

Twitter dropped quite the shocker last week when it declared its new policy to remove tweets in certain countries to abide by specific national laws. While a tweet will remain visible to the rest of the world, specific messages will disappear in the target country (e.g., following requests by governments).

The ensuing backlash saw a lot of people screaming “censorship” (ironically, on Twitter). While the first wave of criticism has quickly calmed down, for a human rights watchdog, the announcement is quite alarming:

As we continue to grow internationally, we will enter countries that have different ideas about the contours of freedom of expression… Until now, the only way we could take account of those countries’ limits was to remove content globally. Starting today, we give ourselves the ability to reactively withhold content from users in a specific country — while keeping it available in the rest of the world.

A new policy for old-school repression

Twitter claims that this isn’t a dramatic shift in policy, but rather clarification of existing policy, with a “fix.” Previous removals of content were global, for example, when they removed a tweet, no one could see it anywhere. Now, country-by-country, Twitter can block content specially tailored to that country. In a bizarre logic, the increase in control of information in response to government demands means, according to Twitter — less ‘censorship.’

One may incredulously respond that country-specific removal would further disadvantage people who saw Twitter as a means of circumventing illegal restrictions on their speech and expression. Further disadvantaging people who’ve turned to the service as a means of empowering themselves through voice, assembly, and access to information.

Though there has been an outpouring of anger in response, some are quite pleased. Today, Thailand became the first government to publicly endorse Twitter’s decision. China and Iran haven’t made any statements (China’s state-run newspaper did praise the move), but I suspect they’re pleased, as are several other governments that have sought to shut down Twitter at the first sign of dissent.

As an aside I should note that — as with any attempt to control information (see my post on SOPA/PIPA — there are already easy ways — five at last count — to bypass Twitter’s blocks.

Outrage and tough choices

I’ve appreciated the outrage, given the importance (not to be confused with value) of Twitter. I have no doubt that information posted on Twitter — and any other large public networking platform — has resulted in all manner of things, from the terrible, to the great.

We know that information spread via Twitter has saved countless lives, from natural disasters such as in Japan or in humanitarian crises, such as in Cote d’Ivoire. Twitter has contributed to regime change in repressive places. It has even helped free a prisoner in Kashmir and has become a valuable network for citizen journalists and concerned citizens, such as in Mexico. It is a medium by which human rights advocates carry forward their work, such as our Eyes on Syria project (look for #EyesonSyria — but maybe not if you are in Syria), or Amnesty’s own Twitter account.

But for all of these goods, information on Twitter has surely created harm. In crisis, it can become a dangerous medium for rumors or misinformation (or “terrorism” charges). Al-Shabab‘s recent banning of the International Red Cross (a violation of international law of the highest order) was communicated via Twitter. Indeed, Kenya‘s military has been fighting Al-Shabab on the ground, as well as in the twitterverse.

Importantly, information has no inherent value… it is the effect of the content that lends moral weight.

Twitter has never had to make difficult decisions about that content, however. Twitter has never had to be responsible for controlling content in the manner its new policy will require of it. And Twitter will be called on by governments around the world to censor. The cat is out of the bag, and the decisions that will need to be made by Twitter lawyers and staff should give them sleepless nights. At some point — somewhere — harm will be done by those choices. Voices will be silenced. Lives will be lost. Twitter will inevitably make mistakes, and the world will be different as a result. It is a power it would have been wise to deny having.

The stark fact is that — like traditional media, housing, agriculture, or any of the other sectors upon which humanity’s ability to fully enjoy their human rights is dependent — profit motivates great innovations in the digital world. Profit also motivates consolidation and control.

The source of the immense outrage over the policy says more about our collective confusion over digital networking tools than Twitter’s policy. Twitter is seen as a public good. But it is not. Twitter is a (private) company, one that probably made over $100m in profit in 2011 — though its profit potential may be an order of magnitude higher. It is a company like any other, with motives. As with other companies, we — as consumers — have leverage.

But far from suggesting a boycott, let’s start with the basics.

#International Law

I appreciate Twitter’s appeal to the rule of law. Let me make my own.

We have an international body of law that protects the rights of people, and sets forth the obligations of governments, businesses, and the everyday person. Amnesty International and other human rights organizations spend an exceptional proportion of their resources monitoring compliance with the law, and calling out those who violate human rights law. Not just governments, but businesses as well, from Shell and Dow Chemical, to cell phone manufacturers, mortgage banks, and private security firms.

Allow me to offer a word of advice to Twitter: Laws often clash. In the U.S., there were laws on the books in the southern states that were ruled unconstitutional long before they were finally scrapped. And there are surely domestic laws in countries that will be cited by governments or security elements as a basis for denying speech via Twitter that will clash with international human rights law. They will be illegal domestic ‘laws’ in contravention of established international human rights laws. They will be unjust laws.

What will Twitter do?

At some point, Twitter will be pressured by governments to change its terms of service so the work around for access to blocked tweets becomes a use violation…Twitter does in fact know where you are tweeting from, and can deny your ability to change your location to circumvent information blackouts.

At some point, user information and location will be demanded by a repressive regime with a cheap, and by international standards, meaningless veneer of a court order. They will demand it, and will appeal to domestic ‘law’.

What is abundantly clear is that human rights monitors and advocates — for the immense power Twitter and other digital networking tools have given them — have an entirely new domain to monitor. As with other sectors, business decisions in the digital world have human rights implications. For the immense value of Twitter, the policy announcement only brings into focus what we’ve known for some time — human rights monitors and advocates have a lot more work to do since the digital revolution. Our collective vigilance is needed more than ever, however we chose to communicate.

We will be watching you, Twitter. Take it as a measure of your importance.

Scott Edwards is Director of International Advocacy for Africa and Director of the Science for Human Rights program at Amnesty International USA.

Archives

Kractivism-Gonaimate Videos

Protest to Arrest

Faking Democracy- Free Irom Sharmila Now

Faking Democracy- Repression Anti- Nuke activists

JAPA- MUSICAL ACTIVISM

Kamayaninumerouno – Youtube Channel

UID-UNIQUE ?

Enter your email address to follow this blog and receive notifications of new posts by email.

Join 6,232 other followers

Top Rated

Blog Stats

  • 1,792,436 hits

Archives

July 2020
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031  
%d bloggers like this: