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JNU Students Throw Down the Gauntlet: 20 Students Including Kanhaiya to Go on Indefinite Hunger Strike

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Pictures by V Arun Kumar, JNU Teesta Setalvad

Twenty Students, including JNUSU president Kanhaiya Kumar will go on a hunger strike starting today to protest the high handed functioning of the JNU administration under Vice Chancelor Jagadesh Kumar that has taken harsh and irrational actions against several students of the university without following due process or giving fair hearing. The Jawaharlal Nehru University Teachers Association (JNUTA) ha today seriously challenged the functioning of the university under this VC.

After a Mashaal March that started at Ganga Dhabha around 10 pm. a march with over a thousand students that wound its way to "Freedom Square", a public meeting addressed by Kanhaiya Kumar culminated in the voluntary decision announcimng the indefinite hunger strike. The students who will join the strike are  Sanjeev, Avdesh, Birendra, G Suresh, Sunaina, Samanta Singh, Partipan, Umar Khalid, Pankhuri Zaheer, Anant Prakash, Pratim Ghoshal, Fayaz, Nitisha, Raksha, Srabani, Anant, Chintu, Sweta Raj, Rama Naga and Kanhaiya Kumar.

In a fiery and substantive speech Kanhaiya Kumar vowed that the struggle for autonomy and decency in JNU was a struggle that all right thinking people in the country identified with/ It was a matter of shame that this vindictive government under Modi and Smuriti Irani had chosen a time when students were busy preparing for their examinations to launch this assault. We will fight and we shall win, Kanhaiya said. Moreover we appeal to progressive movements all over the country to join and support the battle for justice.

 

In Support and Solidarity with Evacuees of the Narmada Valley’s Sardar Sarovar Project, Protest at MP Bhavan, Delhi

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A strong protest of the Narmada Bachao Andolan on behalf of 2,00,000 dam displaced evacuees of the Narmada valley will be held outside the Madhya Pradesh Bhavan, Delhi on April 28, 2016. Thirty years –three decades—since the people of the Narmada valley have been struggling against their unjust displacement due to the construction of the Sardar Sarovar Dam, today the construction of the dam was restarted in June 2014 and now the dam height is nearing completion.
 
On April 28 , 12:00 pm, protesters  will gather at the Madhya Pradesh Bhavan, New Delhi in solidarity with the Narmada Bachao Andolan and the lakhs of people affected by the Sardar Sarovar Dam Project. This is happening at a time when a three day protest- chetavani upvas and satyagraha is taking place in Bhopal.
 

As the 2016 monsoon approaches, two hundred thousand people are faced with the threat of submergence. These families are still living in the submergence zone, they will lose their villages, schools, places of worship, houses, farms with prime agriculture, panchayats and a township partly submerged earlier will be further affected.

 The Narmada Bachao Andolan (NBA) has challenged the government’s false affidavits on the question of complete R&R and exposed the massive corruption involved in the process. The NBA’s petition to the Madhya Pradesh High Court constituted a commission of Enquiry under Justice S S Jha (referred to as the Jha Commission). The Jha commission submitted its report after nearly seven years of detailed investigation into cases of corruption involving government employees and accepted the massive fraud which was to the tune of thousands of crores.But the State of Madhya Pradesh has refused to grant the people access to the report! Furthermore, even the MLA’s have not been given access to the report. All this has been done citing privilege of the State Assembly.

The Justice Jha Commission report has the details of all fake registries, the amount of money wasted, and all the agents and officials involved in the scam. There is an urgent need to uncover the corruption involved in terms of money, land and the rights in the distribution of house plots and construction of resettlement sites. In addition, the question of the quality of resettlement sites cannot be ignored. All culprits involved must be punished regardless of being an officer or an agent. The corruption in the Narmada Valley Development Authority (N.V.D.A) must be uncovered.
 
During decades of struggle the NBA has succeeded in getting 14,000 Adivasis, Dalit farmers and their families to receive land. ) especially in Gujarat and Maharashtra. But Madhya Pradesh is a different story, only 40 to 50 displaced families have been allotted land. Even today, 40,000 families live in the submergence zone.The Madhya Pradesh government has constantly fudged the number of oustees even changing the data relating to the Back Water Level, and thereby excluded many people from the submergence area and lists of Project Affected People thereby denying them their due R&R share – initially 4374 families and then another 15,900 families. Such action affecting about 20000 families is both unscientific and illegal.
 
These villages that lie in the submergence zone are full of life and activity, which cannot be submerged without proper resettlement violating the Narmada Water Dispute Tribunal and Supreme court judgments of 1992, 2000 and 2005. Despite all this, the Centre along with the Madhya Pradesh, Maharashtra and Gujarat governments, have continued the construction of dam, which is almost complete.
 
Major Demands:
 
1. Make public the Jha Commission Report on massive corruption in rehabilitation. Send the guilty to Jail. Now!
 
2. Complete Rehabilitation & Resettlement of thousands of farmers, labourers, fisher people, and artisans before the monsoons. Gates of the dam should not be closed till R&R is complete and all affected are resettled at new sites, in 3 states of Madhya Pradesh, Maharashtra and Gujarat at the earliest with all entitlements as per law and SC judgments.
 
 
 
 
 
 
 

Hundreds to Fast for Justice to the Sardar Sarovar Project Affected

Hundreds of people from Narmada Valley have been observing fast April 27 to 29, 2016 in Bhopal demanding justice to families affected by the Sardar Sarovar Project.

The 30-year old struggle by the Sardar Sarovar Project affected people of the Narmada Valley, continues even today against the government’s tardy rehabilitation process. Even today, after the Jha Commission Report, the families who haven’t been rehabilitated have not yet been granted justice or rights, neither have the culprits been punished.

Along with the fast in Bhopal, people from various tehsils in Maharashtra, MP, Gujarat and different parts of the country would also stage a dharna at their places in solidarity.
Through the Madhya Pradesh, Gujarat and Maharastra governments, the Modi Government has pulled strings to increase the height of the dam by 17 meters. “We will not let them complete the increase of the dams height through JalSamarpan will save the valley,” organizers of the program said adding, "Now, the time has come again that together we challenge the preparations made by those in power and involved in corruption, to drown thousands of families in years old civilization of the Narmada Valley". They point out, “The question of Narmada is linked to the various people’s movements of the country and vice-versa.”
Justice Jha Commission, which was formed on the directions of the Madhya Pradesh High Court in 2008, had submitted its report on corruption after 7 years. The irony is that a copy of the report is not even made available to Narmada Bachao Andolan (NBA) who is a petitioner in this particular case. NBA was not allowed to open the report in the court neither the report was given to MLAs, but only tabled in the State Assembly, and therefore not available publicly.
The Supreme Court has sought ‘Action Taken Report’ regarding the report submitted by the Commission, in six weeks time from the state government.
“It has to be found out which officials are involved in corruption, apart from finding out about money and land. Those who are guilty needs to be identified and punished accordingly. Even before we went to the High Court, the displaced people were being sent to jail; which was stopped by the High Court; the future action also have to be planned accordingly," organizers said.
In 30 years, 14,000 Adivasi and Dalit farmers in Gujarat and Maharashtra were rehabilitated with land. But in Madhya Pradesh only 40 to 50 farmers were given land as a part of rehabilitation with more than 50,000 displaced families still residing in submergence area. The action of Madhya Pradesh government to rehabilitate 4374 families earlier and 15,900 families now to the submergence area is unscientific and illegal. According to the organizers of the protests, dharamshalas, panchayats, temples, mosques, shops, markets and livelihood of lakhs of people cannot be drowned without rehabilitation as per Supreme Court orders of 1992, 2000 and 2005.
 

 

‘Our society has become deeply dehumanised’

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An interview with Nandita Haksar

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Image: Frontline

Mohammad Aamir Khan was born in Delhi in 1977. In 1998, he was kidnapped, tortured and framed by the Indian state in eighteen bomb blast cases. It took him fourteen years to prove his innocence. When he finally came out of jail, it was into a drastically changed world: his father was dead and his mother paralysed. He had no job and no security. Despite his daily struggle to survive and support his family, Aamir has involved himself in the struggles of people fighting against discrimination and oppression—whether for the rights of religious minorities, prisoners, women or the LGBT community.

Framed as a Terrorist, published by Speaking Tiger, Delhi, is Aamir’s account of his illegal arrest, custodial torture, and being framed by the Indian state. We interview human rights lawyer and activist Nandita Haksar, who represented Aamir in court and has co-authored the book with him, about the implications of his wrongful arrest and imprisonment.

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Speaking Tiger

Let us begin with questions of legality. You have mentioned that Aamir’s arrest was illegal and the magistrate at no point expressed any concern about this. Could you elaborate on what reform is necessary to change this state of affairs?
In writing Aamir’s story I have tried to document step by step how an innocent person is framed in false cases by the police, and in this case also the intelligence agencies. The first step is the actual arrest; which is almost always illegal. In other words, the police do not follow the procedure laid down under the Criminal Procedure Code. The procedures in the criminal code have been further elaborated by the Supreme Court’s direction in the D. K. Basu case, which I have quoted in the book.

There have been many attempts at police reform and there was even a ten-volume report on the subject some years ago. But if police reform is to take place there are two pre-conditons: (a) the political will and (b) much greater awareness among citizens.

In a footnote to the first chapter you mention we still don’t know who Guptaji—the person who first contacted Aamir to work as a spy—really is. Why hasn’t the police or courts investigated this? How long can the Indian intelligence services remain outside the purview of legislators or citizens?
Aamir’s story illustrates the vast powers exercised by the intelligence agencies. They are able to operate outside the law with impunity. One of the biggest hurdles to any investigation is that the intelligence agencies are outside the ambit of the Right to Information Act. The other impediment is that the issue has not taken centre stage in our political life.

There are many interesting moments in Aamir’s story: for instance, how a neighbour of his in Chandni Chowk could not go for an interview because there was a curfew, and who is now a seller in the bazaar. Do you think Framed as a Terrorist is not just Aamir’s personal account, but part of a larger narrative, of brilliant resilience and hope in the face of state violence?
I personally do not think Aamir’s story is one of “brilliant resilience and hope” precisely because it is not about one person’s survival. Aamir is not a Papillon. His is a story of hundreds of political prisoners, especially Muslim prisoners, who are still in jail and have no hope of getting out.

There has been no national outrage after the book came out. Instead, Aamir’s story is being celebrated as an achievement of Indian democracy—especially by liberal Hindus.

To come to accounts in the book of the brutal torture Aamir faced. Torture in police custody is a systemic epidemic, with no punitive measures for the perpetrators. What is the way forward? And, with respect to the victims, how can we build institutions where they are treated for the trauma they suffer in their encounters with the state?
There are two questions you seem to be asking: (a) how can we stop torture being used as an instrument of state policy and (b) how can the victim of torture get help for post-traumatic stress disorder, or PTSD.

The only way torture will ever be abolished is if it becomes a political issue, in which political parties have a stake in abolishing it. But as long as this so-called war against terrorism continues, there is not even a remote possibility that torture will not be used as an instrument of state policy. However, a vigilant human rights movement, which is crucial, can definitely put a check on the practice.

There is a need for psychiatrists or counsellors with special training who can deal with PTSD. We need a political approach rather than a purely medical approach. The same is true for lawyers; we need human rights lawyers rather than criminal lawyers to handle cases such as Aamir’s.

Narratives such as Aamir’s do help the mainstream understand the perspective of individuals maligned and persecuted by the state. But isn’t there a flipside: might such accounts strengthen others’ distrust of the Indian state? What was your intention in writing Framed as a Terrorist?
My primary motivation for writing the book was to help Aamir. It was an act of solidarity. He wanted to tell his story and I helped him do so. However, I added a long introductory chapter to put the context of the story. Unfortunately, many of the readers just read it as a moving story but they do not always understand the political and legal implications.

I hope the book helps initiate a national outrage against the criminal justice system, which frames and imprisons innocent citizens and has no mechanism for the compensation and rehabilitation of its victims. The book exposes how deeply dehumanized our society has become, and how the foundations of Indian democracy have been weakened by the subversion of the criminal justice system.

See here for an interview with Mohammad Aamir Khan.

Courtesy: Indian Cultural Forum