Image Courtesy: nationalheraldindia.com

The BJP ‘stalwart’ and former Union Minister Chinmayanand was arrested on charges of stalking, criminal intimidation, wrongful confinement and sexual intercourse by a person in authority (Section 376C) last Friday. The BJP, which otherwise makes a lot of hue a cry when it’s to blame matters on leaders who aren’t even alive, has not uttered a single word on this conduct, officially. The women ministers of the party, occupying responsible positions, who have been seen as the ‘torch bearers’ of ‘women empowerment’ (person in reference Smriti Irani), have not commented at all on the issue, nor have shown any visible support for the clearly vulnerable law student who accused the minister of rape. The Uttar Pradesh (UP) police also delayed arresting the minister and hasn’t, to date, added charges of rape to this case. Yesterday, women’s organisations in Lucknow led a street protest against the charges of ‘extortion’ against the survivor, while the former BJP union minister Chinmanyanand, a rape accused was ‘allowed’ by the court to be in hospital though he was arrested!

After remaining silent on the whole issue for about a month now, suddenly the BJPannouncedon Thursday that the former Union minister is “no longer a member of the party.” BJP spokesperson Harishchandra Srivastava told PTI, “He is not a member of the BJP”.

However, the spokesperson failed to specify the time when such a decision was taken to remove Chinmayanand from the party. A three-time Lok Sabha MP from Jaunpur, he is also the president of the management committee of the Swami Sukhdevanand Post Graduate College (SSPG), where the 23-year-old law student studied. The reasons given by Srivastava for not being more specific about the details of the decision, are ambiguous too. “All our records are now digitised and so we cannot tell since when he has been discontinued as a member of the party,” he said.

Chinmayanand has been in the party since the 70s and was elected to the 13^th Lok Sabha from Jaunpur seat in UP. He has been a minister of state for home in the Atal Bihari Vajpayee-led BJP government. He even won general elections from Badaun in 1991 and from Machhlishahr in 1998.

Reportedly, the Akhara Parishad is also planning to expel Chinmayanand from the body at its meeting in Haridwar on October 10. The Parishad is based on the system of Akharas in the Hindu society. An Akhara literally means a wrestling ring in Hindi, but also stands for a place of debate. There are 14 such organisations based on the form of Hinduism and Hindu philosophy they adhere to. Most Akharas are Vaishnavas (followers of Lord Vishnu) and Shaivism (followers of Lord Shiva).

Akhil Bharatiya Akhara Parishad (ABAP) president Narendra Giri told PTI, “In most of the cases like this, the seer is expelled from the Akhara Parishad until he is proven innocent.”Giri said that the 72-year-old Swami Chinmayanand belonged to the Prayagraj-based Mahanirvani Akhara.
Notably, before the ‘Swami’s’ deeds came into public eyes, last year, UP Chief Minister Yogi Adityanath had ordered the withdrawal of a rape and kidnapping case lodged against Chinmayanand by a disciple and manager of Mumukshu Ashram run by him.

However, the chief judicial magistrate, district court, Shahjahanpur, had stalled the withdrawal proceedings after objections from the victim. The manager of the Mumukshu Ashram had filed an FIR against Chinmayanand on November 30, 2011, alleging that she was held captive, raped and assaulted for several years.

Congress alleges support to the rapist Minister

The Congress on Thursday accused UP BJP government of supporting former Minister Chinmayanand and questioned the silence of women leaders of the party and Prime Minister Narendra Modi.Congress General Secretary Priyanka Gandhi Vadra had alleged that both, the government and the UP police were repeating the ‘negligence’ shown and ‘protection’ given to the accused in the Unnao rape case.

She highlighted that “the consequences of the BJP government and police’s negligence andprotection of the accused in the Unnao rape case are in front of everyone.” She added, “Now, the BJP government and police are repeating the same in the Shahjahanpur case. The victim is in fear. But do not know what the BJP government is waiting for”.

Congress spokesperson Sharmishtha Mukherjee said that ‘inaction’ against Mr Chinmayanand is proof that the BJP is standing behind him. She said, “This is a very serious issue. It has become very clear that this government has a very non-serious approach to tackling increasing crimes against women. The government has a completely blind eye towards crimes against women and they are instead protecting their leaders,” and asked if this case too will be handled like the Unnao rape case.

The rise of Chinmayanand

The three time parliamentarian is currently the president of the managing committee of Swami Sukhdevanand Post Graduate College located in Shahjahanpur. He also ‘looks after’ the management of the Mumukshu trust located in the same region.

Chinmayanand started his political career with the Jayprakash Narayan’s movement. As the movement got the support from prominent leaders, he became an instant favourite with the Jan Sangh, the political arm of the Rashtriya Swayamsevak Sangh (RSS) which was then preceded by BJP. It was 1980s then. The efforts to build the Ram Temple were gaining momentum. By this time, Chinmayanand had gained importance among the Vishwa Hindu Parishad (VHP) leaders. So, he became one of the leading faces of the Ram Mandir temple building propaganda.
By 1985, the ‘movement’ to build the temple was at its peak. By this time, Chinmayanand had established himself as an important Hindutva politician. It is around this time that he came in touch with Yogi Adityanath’s teacher Mahant Avaidyanath. Chinmayanand, along with Avidyanath started the Ram Mandir Mukti Yagya Samiti. It was then that Adityanath and Chinmayanand’s relationship was strengthened.

And hence, when in 1991, Atal Bihari Vapayee became the PM, Chinmayanand got the ticket for UP’s Baduan for the first time. Despite him having no connection with Badaun, merely on the basis of his ‘campaign’ to build the Ram Temple, he won the election and became a parliamentarian. Afterwards, in 1998 he was elected from Machhlishahr and 1999 from Jaunpur. 2003 is considered crucial for Chinmayanand.

This was because, for the first time in the history of India, a ‘sadhu’ (‘saint’) had been elevated to the position of a Home Minister. He would report directly to Advani in 2004.

Adityanath and Chinmayanand’s relationship is neither hidden nor a secret from anyone. In 2017 when the BJP won election in UP, the question was who should become the CM. It was Chinmayanand, who like a good ‘guru brother’ suggested Adityanath’s name.

No wonder then that the Yogi chief minister appears clueless about how to deal with the ‘phenomenon’ that is Chinmayanand!

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https://sabrangindia.in/article/court-breather-student-who-accused-bjps-chinmayanand-rape
https://sabrangindia.in/article/political-vendetta-law-student-sent-judicial-custody-after-accusing-min-sexual-exploitation
 

The post ‘Swamy’ turns slimy: Chinmayanand’s fall from grace appeared first on SabrangIndia.

Image Courtesy: PTI

The battle to preserve the last green cover, popularly known as the “lungs” of Mumbai city has become uglier with the targeting of Save Aarey activists on social media. Several suspicious looking handles published residential addresses of activists involved in the struggle on twitter. This was a barely veiled attempt at intimidation. 

Aarey protests picked up spontaneously when the Brihanmumbai Municipal Corporation Tree Authority gave its approval on felling around 2,700 trees in what experts say is a forested area. People from all over the city came together for peaceful protests.

However, the Chief Minister Devendra Fadnavis has maintained the stand that Aarey isn’t a forest and MMRCL ran full-page ads in as many as 16 newspapers titled ‘The truth you should know’.

Several petitions were filed by activists challenging the order permitting the tree authority to cut trees.

Key Contentions
One petition by activist Zoru Bhathena asserts that the destruction of the critical floodplain will worsen floods in Mumbai. Bhathena says, “Mithi river has thrice overflowed, causing widespread destruction” as he recalls the July 2005 deluge- one of the three incidents.

Bhathena’s contention is that despite several steps recommended by the authorities “to prevent flooding, the situation has only deteriorated year after year because the authorities have been negligent in protecting Mithi from further destruction”.

Bhathena earlier filed a petition against the BMC Tree Authority’s nod to the cutting of trees at Aarey for the car shed.

The Maharashtra State water Policy was notified on September 5, 2019 wherein economic activity or construction is prohibited on floodplains. Bhathena’s latest PIL states that despite being aware of the dangers of downstream flooding, BMC in June 6, 2018 allowed Mumbai Metro Rail Corporation (MMRC) to “tamper” with a natural stormwater course on the condition that in future, if MMRC fails to control floods in the vicinity, BMC will not be responsible. The PIL added, “This unique permission letter whereby BMC has washed its hands off the issue was attached to the tree removal permission proposal for the plot.” Bhathena has referred to two reports, including a 2018 one by experts appointed by Supreme Court that warn about the perils of downstream flooding if the floodplain of the Mithi is filled up.

Another line of argument asserts the fact also that the state’s claim that Aarey is not a forest is erroneous. In the ongoing hearings in the Bombay High Court, a PIL has also been filed to declare Aarey a forest. 

Activists believe that a ‘survey’ to determine the area’s ‘forest status’ was conducted through a view form a hillock in 1997 and was not completed due to insufficient maps and inaccessibility during the monsoon.

Senior Counsel Gayatri Singh even argued that “no earnest effort was made by Maharashtra government to physically survey the city and identify its forests. Singh is appearing on behalf of the NGO Vanshakti, and she cited a letter by the District Collector (Mumbai Suburban) to the Principal Secretary to the Revenue Department in 1997.

On this, Chief Justice Pradeep Nandrajog commented, “If a country cant survey itself for 20 years then what can I say.” The court further noted that dictionary meanings are being used as a ‘forest’ is not defined udner the Indian Forest Act. 1927 or Forest Conservation Act 1980.

A third contention of the petitoners is also that the area required for Metro shed is 41 hectares and that the state is already in possession of close to 1668 hectares land in Kanjurmarg and only 242 hectares is under litigation. On this too, the CJ asked, “ So the maximum you can lose is 242 hectares, right?”

In the ongoing hearings, renowned Botanist Dr. Rajendra Shinde highlighted that of the list of 80 species of trees in the forest, 30 are ingenious and typical forest species. He also said that it wasn’t just about trees, as every tree with all the organisms on it, is an ecosystem in itself.

Aarey has been a ‘No Development Zone’ till 2018, but the status was reversed by the Maharashtra government. In the same year a petition challenging this decision was filed in the Bombay High Court. The Court held that while Maharashtra government has the right to change the use of public land, it is still bound to meet conditions to ensure the safety of the environment. For example, the government is expected to institute committees to look into the impact on flora and fauna, as well as groundwater, etc.

As the hearing was going on a Bombay HC judge made a passing remark that Aarey is not a forest. This activists claim, the government took this remark  completely “out of context” to justify its proposal in the area.

Massive felling of trees in Aarey
An order passed by the principal bench of the National Green Tribunal (NGT) in New Delhi had cleared the “decks for the construction of a car depot for Metro III project in Aarey,” The Wire reported. The Mumbai Metro Rail Corporation Limited (MMRCL) expedited the felling of trees in the Aarey region following this order. In September 2018, in a matter of two days, the MMRCL felled more than 200 trees. In fact, it claimed that it had permission to clear 2,700 trees in the region.

Four years after a city based NGO, Vanshakti, approached the NGT protesting against the Metro shed/depot for the 33km line between South and North Mumbai, the petition was disposed off. Reportedly, the NGT had asked the petitioner to approach the High Court or the Supreme Court, saying that it did not have the jurisdiction to decide whether Aarey is a forest.

However, the Bombay High Court (HC) passed an order on October 24, 2018 preventing the Tree Authority (TA) from granting permission for the felling of trees in the city. The Court observed that the Brihanmumbai Municipal Corporation (BMC) Commissioner may grant permission in some urgent cases where the trees pose a danger to property or life. However, it said that panels of experts must be constituted as laid down by the law. The petition in the case was filed by Zoru Bathena, an activist who sought to restrain the authority from adjudicating applications seeking permission to cut trees.

This massive tree felling is dangerous, because it interferes with the delicate natural balance between the forests and the atmosphere.

Studies show that tropical forests contribute to regulating river flows, regulating both dry seasons and high rainfall events, and hence minimise risks associated with water scarcity and floods. Trees in the process of growing take water from the soil and release it into the atmosphere. They also act as interceptors, catching falling rain that eventually evaporates and results in rain precipitation elsewhere.

About the Metro III project

The Metro III project is going to cost around Rs. 23,316 crore, and the depot is planned to be built on 34 hectares of land. Despite activists’ claims of alternate land being available, the authorities have gone ahead with felling trees. In a petition filed in 2018, Preeti Menon of the Aam Aadmi Party (AAP) had alleged that this is illegal, “since the purpose of entering Aarey or extending the Metro 3 line up to Aarey is to create a Metro Station and Car Shed inside it.”

Moreover, not only are the Aarey forests the only green cover Mumbai has, but they are also home to Adivasis, mainly Warlis, who have been living in the area for generations, building slums and cowsheds that supply milk to a government-run dairy situated in the middle of forest. D. Stalin of Vanshakti, which is active in the area, had argued that Aarey is actually a forest and therefore cannot be touched.

Each time the tree authorities grant permission to cut trees, the order has to be put up on the BMC’s website in order to invite opposition and suggestions.

Constantly in survival mode
The Aarey forest dwellers have had to wage several struggles simply to assert their existence on the land. One of the earlier protests that firebrand leader Prakash Bhoir remembers is one in 1982. In June 2017, around 1,000 Adivasis gathered in the Aarey Milk Colony to protest against the proposal of a zoo, an extension of Byculla Zoo, and the state government’s plan to demolish the existing tribal houses and transform them into a Slum Rehabilitation Authority (SRA) building.

In June 2017, Prakash Bhoir, the leader of Shramik Adivasi Sangathana, when speaking to The Afternoon Dispatch & Courier, said, “Every now and then, they are coming with infrastructure and recreation projects,” and alleged that the authorities were continuously cutting the forest trees for development projects.

Around 27 Adivasis settlements are spread across Aarey. The Adivasis in 2017 alleged that more than 60 hutments near Navshad Pada lack electricity and water supply.

The civic authorities come down to the settlements without any prior notice. The Adivasis who are the native residents of the area have revealed that they have even been paying taxes at the rate of Rs. 1 per guntha (1/40^th of an acre) of land. At the time of the protest against the zoo, they even questioned where they would rehabilitate their cattle, and what would become of their farms. 

Per the Adivasis in the region, earlier, a major area of the green cover was already lost to an NSG training centre, Film City, and housing complexes. The Adivasis have been living in the area since before the dairy was set up in 1951.

As of today, there is a need for an urgent intervention by environment also human rights groups in order to protect the rights of Warli Adivasis who stand to be displaced and are at risk of losing their livelihood because of the Metro project.

In December 2018, there was also a mysterious fire in the Aarey forest that CJP had investigated and found the cause of fire as seemingly deliberate.
 

The post Unstoppable! Mumbai’s Struggle to save its lungs: Key Issues you need to know! appeared first on SabrangIndia.

It is a policy move and development that has sent tremours down environmental human rights activists. The conservation/ no-mining zone in Saranda and Chaibasa in West Singhbhum district of Jharkhand may be opened for iron ore mining. The Union Ministry of Environment, Forest and Climate Change (MoEF&CC) has decided to form a committee to explore the prospect of opening up these zones.

The Saranda forests in the hilly regions of West Singhbhum district of Jharkhand are dense forests that stretch over an area of 82,000 ha. These forests were one of the most pristine in India, and are the largest Sal forests in the country. They support a large variety of floral and faunal biodiversity, and are an important elephant corridor. An expert panel appointed by the Government of India in 2011, identified 480 new species of fauna and flora in the region. The core area of these forests are also ancestral home to about 56 villages which are mostly composed of the Ho and MundaAdivasi communities. The 36,000 strong tribal communities have lived sustainably within the forests for centuries and have played a key role in the maintenance and protection of the forests.

The Management Plan for Sustainable Mining (MSPM) which came into existence in June, 2018 may be amended for the purpose of opening up the no-mining zones. Earlier, there have already been a flurry of modifications made to the MPSM like merging Zone I and II mining areas, removal of the clause for Impact Assessment and scrapping of the role of the forest department in creating the mining plan. These modifications also opened up mineral blocks in the no-mining areas of Ankua and Chidia. In the MPSM, the allowing of the 13 mines in this area was dependent on the government. However, MoEF has deleted this clause to bring these under the provisions of the Mines and Minerals (Development and Regulation) Act (MMDR).

Reportedly, the Jharkhand Chief Secretary, DK Tiwari wrote to the MOEF&CC in March 2019 and had sought a reassessment study to open up the conservation zone for mining.

Tiwari wrote to CK Mishra saying, “The conservation zone is a repository to huge iron ore resources and so the stipulation in the MSPM report for complete ban on mining in conservation zone should be revisited”.

“The reassessment study requested by the state may be carried out by the Indian Council of Forestry Research and Education with representation from Indian Institute of Technology, Kharagpur, and Indian School of Mines, Dhanbad in the study team,” the MOEF&CC wrote to Tiwari.

Per Down to Earth, the Jharkhand Chief Minister, Raghubar Das also wrote to the ministry seeking permission for Steel Authority of India Ltd (SAIL). He had argued that MSPM has affected SAIL financially as it had made huge investments to mine that area. Based on this, “the CM has asked the ministry to dilute the MSPM,” a state official told Down to Earth on condition of anonymity.

The MPSM was finalised in June 2018, soon after, the state government wrote to the MoEF&CC requesting to amend the plan on August 14.
As per the MSPM, the Saranda forest was divided into three zones- mining zone I (approximately 10,670 hectares), mining zone II (approximately 2,161 ha) and conservation zone/no-mining zone (approximately 43,000 ha). The no-mining area has mining proposals from SAIL, JSW Group, Vedanta Ltd and others. 

A committee comprising MoEF&CC, Union Ministry of Mines, Union Ministry of Steel, Union Ministry of Coal and the Jharkhand government was created by MoEF&CC to look into modifications/ amendments to the MSPM. On February 4, the committee met and amended some provisions of the MSPM. It did away with the clause that mining zone II can only be accessed after the ores in mining zone I were exhausted. A detailed study was proposed by the state government. The purpose of the study was to undertake the reassessment of the biodiversity richness and ecosystem services rendered by the conservation area so as to extract iron ore to meet the future steel demands.

“Concern for SAIL is just a front, the state government wants to open up the no-go mining area because a major chunk of the good quality iron ore is just lying there,” the official said.

In 2014, the MoEF had stopped giving fresh mining clearances in the area after the Shah Commission report found major violation of the MMDR by the mining companies in the area. The MoEF had mandated that fresh lease would only be given after the MPSM had been created.  

The Justice M. B. Shah Commission submitted its ‘First Report on illegal mining of iron and manganese ores (four volumes) in the State of Jharkhand’ October 14, 2013. In its first report on illegal mining in Jharkhand, the Commission said that despite a delay in renewal of the mining licence by the Jharkhand Government, miners continued to exploit the area leased to them without fresh green approvals. The Commission hadfoundand highlighted illegal production in 26 iron and manganese ore leases. These leases include iron ore mines of, among others, Tata Steel, Steel Authority of India Ltd, Rungta Mines, Usha Martin, Rameshwar Jute Mills, and Singhbhum Minerals Co.

As a response, the MoEF&CC awarded the carrying capacitystudy in Saranda Forest Division to Indian Council of Forestry Research and Education (ICFRE), Dehradun to suggest annual capacity for iron ore production. The ICFRE submitted its report on March 28, 2016, which was again examined by a committee constituted by the MoEFF&CC on April 4, 2016.Based on the committee’s recommendations the ICFRE report was accepted by the competent authority in the MoEF& CC. The ICFRE study was conducted to comply with the recommendations of Shah Commission of Enquiry.

Some of the observations included, “It was commented that IBM has approved mining schemes to increase production during the mining plan period without application of mind to the ingredient”

Further that, “For modification of mining plan, conditions mentioned in the Rules are required to be satisfied which was totally ignored and created multi fold environmental hazards to the Saranda Forest. The conditions have become more aggravated, since the mines are located in clusters and transport through common roads used by them. The roads cannot sustain this load and remain always in dilapidated conditions beyond repair, as observed by the Commission during its visit.”

In view of many such grave violations, the MPSM came up with an underlying principle “to divert minimum forest area for mining and producing maximum output depending upon the approved mining plan and Environment clearance (EC) under EP Act 1986”

The plan gave detailed outlines of forest area, conditions for sustainable mining etc.

However, the current BJP government in the state is all set to dilute many of these environment friendly provisions and make matters worse for one of the densest forests in India, a home to elephants and forest dwelling peoples.
 

The post Black clouds over Saranda: Centre set to open up 43000 ha of Jharkhand’s forests for mining appeared first on SabrangIndia.

“Delhi’s iconic Feroze Shah Kotla stadium to be renamed as Arun Jaitley stadium. Not taking anything away from Arun Jaitley, but I hate this practice of renaming places. It’s like trying to erase a slice of history from our lives,” said a twitter user about the recent decision to rename the Feroze Shah Kotla stadium.
 

The Delhi and District Cricket Association (DDCA) has decided to rename the Feroz Shah Kotla Stadium as Arun Jaitley Stadium after the cricket body’s former president. The stadium was named after the Sultan of Delhi, Firoze Shah Tughlaq since it was built in 1883. Feroze Shah Kotla stadium (being near the Kotla fort), is the second oldest international cricket stadium still functional in India, after the Eden Gardens in Kolkata. Justifying the act, Association president Rajat Sharma said, “It was Arun Jaitley’s support and encouragement that players like Virat Kohli, Virender Sehwag, Gautam Gambhir, Ashish Nehra, Rishabh Pant and many others could make India proud.”

The stadium’s capacity is currently at over 40,000. It has played host to 34 Test matches, 25 ODIs and 5 T20Is. Besides that, it also hosts matches for the Delhi cricket team as well as the Indian Premier League (IPL) franchise Delhi Capitals. The move for this hasty re-naming was widely criticised by netizens who took to social media to raise their concerns over changing historically relevant and popular symbols that make up the heritage, culture and demography of the city.

Feroze Shah Kotla, a wider area, was built in the 14^th Century. The term Kotla translates into citadel. Historian Rana Safvi, who is based in Delhi city, notes that the citadel was part of Firozabad, the fifth city of Delhi, which was built by Firoze Shah Tughlaq. The fortress of Feroz Shah Kotla (literally meaning citadel) stood like a crown to the city, one of the seven that have come to comprise Delhi over time.
 
Explaining that Firozabad was the first city built on the banks of a river, Safvi mentions how the Yamuna flowed beautifully through the city at the time. The citadel was meticulously planned and became a prototype for many forts built later.
 
In the last few years, it has become a trend to portray the rule of Mughals and Islamic emperors as a reign of tyranny devoid of any shades of grey. The tendency is to portray them in these sharp and historically unrealistic binaries is not just crude. It is part of a political agenda. Hence, in this case too, some want to invoke the name of Feroze Shah, in popular imagination to evoke a sense of tyranny and injustice.  Shah’s brother Mohammad Bin Tughlaq is known for several maverick governance decisions –not unlike many taken in the modern-day era.
Twitter users from the bhaktology mould gloated:

Ghiyasuddin,  Mohammad  and  Firoze  Shah  were the three main stalwarts  of the Tughlaq dynasty. Amongst the, history tells us, Firoze Shah was both more energetic and prolific.  His inclination towards building public and religious edifices  can  be evidenced  with  his  credit  of  building  fifty  dams and  embankments,  forty  mosques,  thirty  Madarsahs,  twenty  Khanqahs,  hundred  Kaushaks,  twenty  Rabat, about a hundred  cities,  five  tanks,  ten  hospitals,  one  hundred  fifty  tombs,  three  baths,  one  hundred  fifty  towers,  one hundred fifty Bridges and gardens beyond calculation by the  contemporary  historians  (Alvi). 
 
Researcher Asif Ali notes, “Though  these  figures seem exaggerated  but  his  contribution  as  a  builder  to the mosque architecture  is remarkable in  the history of Islamic architecture in India which can be evidenced by five  mosques  of  his  period  in  Delhi  during  his  reign. Besides  building  many  mosques  Firoz  Shah  also  took interest  in  the  conservation  of  many  buildings.  For instance  the  uppermost  storey  of  Qutub  Minar,  which was  damaged  due  to  lightening,  was  rebuilt  by  him. Unquestionably the development of mosque architecture in India reached at its zenith during Mughal period but its roots were laid in Tughlaq period and especially during Firoze Shah’s reign.”
 
Safvi feels that a better tribute to Jaitley could have been creating something new. She says, “I personally feel that would have been the best homage. But, renaming seems to be an established pattern,”

Post 2014 India: A re-naming spree
In August 2018, the BJP government in its first term and close to the election, changed the name of the historic Mughalsarai Junction Railway Station in UP after the right wing ideologue Deen Dayal Upadhyay, evidently because of the reference to the Indian Muslim Mughal dynasty.

In May 2015, many street signs especially in New Delhi namely Aurangzeb Road, named after the sixth Mughal emperor, were painted black by Shiv Sena Hindustan, a Hindutva outfit. Later, in the same year the government changed the name to APJ Abdul Kalam, the ex-president of India.

In April 2016, city of Gurgaon was renamed to Gurugram after Guru Dronacharya, a mythological figure who favoured upper caste men.

In September 2018, the BJP government also proposed to rename airports in the towns of Bareilly, Kanpur and Agra. The suggested new names were Nath Nagri, after the Hindu Nath sect (to which UP CM Yogi Adityanath belongs) and Deen Dayal Upadhayay.

However, Rizwan Ahmed, a scholar at Qatar University, points out, “renaming cities is not an act that is credited only to the BJP”. Much before BJP, many cities in India were renamed. In 1995, names of the cities of Bombay, Bangalore, and Calcutta were “restored” to their indigenous versions – Mumbai, Bengaluru, and Kolkata respectively – to emphasize its independence from Britain and reject the linguistic symbols left over from the colonial era. The names of the cities Cawnpore and Jubblepore were also changed to Kanpur and Jabalpur to reflect native spelling and pronunciation. Though renaming has been practised in many cities across the world, almost always it is a politically loaded act. Ahmed says, “Place names are an important element of a country’s cultural landscape, as they naturally document and reflect a locality’s heritage and identity. Changing them is often seen as a re-writing of history. Renaming, therefore, is always a hotly debated issue”.

He notes that renaming seems a lot more acceptable when it is done to restore the names to their original or native names in defiance to the colonial rule. However, he says, “when it is done solely to privilege one of the many available readings of a place’s history and identity, it becomes a divisive force, helping to accentuate political, social and historic divisions within a community.”

In today’s India, there is an increasing attempt to show Muslims as invaders and paint the picture of British colonial rule and ‘Muslim rule’ as alike and ‘exploitative’. This is reflected in PM Modi’s statement that India is troubled by “1200 years of slave mentality”.  Not only does this show a poor understanding of history: collapsing 200 years of British rule with those of the Mughals shows a scant understanding of both history and colonialism. While the British used India solely as a colony, the Mughals, even while being part of a feudal era and remaining rulers, generated wealth that remained within. The multifarious and layers of cultures borne in the Mughal period, too is legion.   Scholars have pointed out that even kings like Aurangzeb, who were, “not much different from other kings”, destroyed some temples but simultaneously protected many others, demonstrating that his actions were not driven by “cruelty” or a desire for religious oppression, but political considerations.

In a similar vein, to rename the Feroze Shah Kotla stadium, raises questions on the intentions of the government. Firoze Shah, as is evident, was a connoisseur and lover of architecture, art, sculpture and more. This identity is part of our multi-layered past. He was a man with an extraordinary vision of public buildings and construction. At a time when we have a poor public aesthetic –especially in the concrete, PWD structures springing up in urban centres, this deep sense of the aesthetic and conservationism needs special appreciation.

The post What’s in a Name: Why re-naming of Feroze Shah Kotla Stadium furthers an Agenda appeared first on SabrangIndia.

Image Courtesy: EPA

The Amazon rainforests are still burning. International news organisation Reuters reported that there is an 83 percent increase from last year- the highest on record since 2013. Distressing pictures and videos of the region on fire and covered in smokes have caught the attention of social media users across the world. The fire is large and subsuming that it can be seen from the space too.

Brazil declared a state of emergency over the rising number of fires in the region. So far, just in this year, almost 73,000 fires have been detected in Brazil by its space research center, National Institute for Space Research (INPE).  Starting in the Amazonian rainforests, the fires have impacted populated areas in the north, such as the states of Rondônia and Acre, blocking sunlight and enveloping the region in smoke. The smoke has wafted thousands of miles to the Atlantic coast and São Paulo, according to the World Meteorological Organization.

Between August 18 and August 23, as many as 8,00,000 hectares of the unique Chiquitano forest were burned in Bolivia. This forest cover is more than what is usually destroyed over a period of two years. As per some experts, it will take at least two centuries to repair the ecological damage done by the fires and as many as 500 species are at the risk of getting burnt. This forest is known to be the largest healthy tropical dry forest in the world. Not only is the forest home to indigenous people, but also home to iconic wildlife such as jaguars, giant armadillos and tapirs. Photographs have emerged that show that many of these animals have been burnt to death in the recent fires.
 
The region that has come under the impact of the fire comprises of farmlands and towns as well, and thousands of people have been evacuated and many other affected by the smoke. While basic supplies like food and water are being sent to the region, children are being kept home from school in many district where the condition of air pollution is becoming worse.

While the media has focussed on Brazil, the situation of cities such as Bolivia is deteriorating.

In Bolivia, significantly, the fire has broken out just a month after Bolivian President Evo Morales announced a new “supreme decree” aimed at increasing beef production for export. Twenty-one civil society organisations are calling for the repeal of this decree, arguing that it has helped cause the fires and violates Bolivia’s environmental laws. Government officials say that fire setting is a normal activity at this time of year and isn’t linked to the decree.

Morales has repeatedly refused international help saying it’s the country’s internal matter and has been able to send only three helicopters to supposedly tackle the raging fires. Though he argues that the fires are dying out in some areas, they continue to wreak havoc in other areas and have now reached Bolivia’s largest city, Santa Cruz de la Sierra. Many believe that the fires could have been put out much sooner with international help.

On the other hand, in case of Brazil, international news organisations such as The Guardian have placed the responsibility of the fires squarely on the government. An opinion piece published in Guardian says that the fires have, “human activity” at their root. The piece says that the Brazilian President Jair Bolsonaro and his “extremist” Environment Minister, Ricardo Salles, have not “merely permitted these devastating fires, but have encouraged and fuelled them.”

The same piece notes that among the President’s many extremist views is “climate denialism as stubborn and extreme as any prominent world figure, if not more so.” The speed and aggression with which the eight month old Brazilian government has carried on the task of destroying the Amazon rainforest, one of humanity’s most cherished possessions in its fight against climate change, has surprised his most virulent critics as well. It is alleged that all this is so that the agriculture industry can exploit the long preserved rainforests. The destruction of the forests is inevitably linked with the contempt for the indigenous communities who have long fought to preserve these forests and stand at a grave risk to be displaced as an aftermath of this man-made disaster.

Reportedly, Bolsonaro’s choice for his Environment Minister, Ricardo Salles even exemplifies the “radical and even violent anti-environmentalism fueling these fires.” Previously found guilty of indulging in administrative impropriety to support mining companies, was selected by Bolsonaro to serve his cabinet.

While that is the situation in the Amazon, things are grim in India too. The number of forest fires shot up from 4225 to 14,107 in the period from November 2018 to February 2019 as per the Real Time Forest Alert System of the Forest Survey of India (FSI).

The Forest Alert System is part of the Large Forest Fire Monitoring Programme that was launched by the FSI on January 16, 2019 using near real time data from the SNPP-VIIRS satellite.

In February 2019, the parliamentary standing committee on science and technology, environment and forests criticised the forest departments of the five states for ineffective utilisation of the forest fire prevention funds in its report Status of Forests in India.

While India loses Rs. 1,176 crore a year to forest fires, a mere Rs. 45-50 crore is allocated per annum under the Forest Fire prevention and Management Fund, which remains unspent.

Nearly 24 per cent of the meagre forest fire prevention funds were not released and thus, remained unspent in the last two financial years, shows the data provided by the Union Ministry of Environment, Forest and Climate Change (MoEF&CC) in January 2019 in the Lok Sabha. Out of Rs 50 crore allocated during each year — 2017-18 and 2018-19 — Rs 35 crore and Rs 38 crore were released respectively.

In fact, while forest fires increased by 125 per cent between 2015 and 2017, the Centre has constantly reduced its spending on averting them since 2015-16. The amount of money released has decreased from Rs 43.85 crore in 2015 to Rs 34.56 crore in 2017, revealed the India State of Forest Report, 2017. 

These fires should be treated as disasters so that disaster management authorities can play a major role in preventing them. The National Forest Commission of 2006 too suggested that all fires that burn an area larger than 20 sq km, should be declared a state disaster.

The new Real Time Forest Alert System of India, that lists potential fire spots across the country, must be taken seriously by the state forest departments. In fact, FSI, which is in charge of the system, had issued as many as 2905 fire alerts to the Karnataka forest department in the last week and most of them were in the Bandipur Tiger Reserve which faced forest fire in February, 2019. But these were not taken up seriously by the government.

The state forest departments have undoubtedly an important role in dealing with this disaster and must refer to the most comprehensive report on “Forest Fires and its Effect” presented to Parliament in 2016 for the action plan and strategies to curtail forest fires as advised by the parliamentary standing committee on science and technology, environment and forests recently.

As in the case of Brazil and Bolivia, India too elected a government that is hostile and apathetic to climate change and indigenous people, for a second term in June 2019. Not only has the Indian government expedited the process of displacement of indigenous communities, it has also significantly diluted environmental protection laws.

With leaders such as these at the helm of policy making at a time when the world is seriously juggling with issues of climate change and disasters, one is compelled to emphasise the need for a global movement to protect the environment and indigenous communities.

Related Articles:
Floods displacing millions partly due to reckless development, inefficient water management
Why India, With Plentiful Rains & Rivers, Is On List Of World’s Most Water-Stressed Countries
SC directs states to file compliance affidavits in Forest Rights case
 

The post Our world is burning, one forest at a time: Forest fires in Amazon, Chiquitano continue as hostile governments look away appeared first on SabrangIndia.

On Wednesday, August 7, responding to a call for a national call for protests against the abrogation of Article 370,  activists and citizens from different walks of life, responded. We asked the protesters who gathered at Mumbai’s Azad Maidan braving rains, bad weather and disrupted trains, their reasons for joining the protest.

“Today as I heard the personal story after story from Kashmiri students. My heart skipped a beat many a time,and tears overcame me often.  But the most striking moment was when a Kashmiri student from St Xavier’s spoke about her deepest fears: fears of a possible genocide, ethnic cleansing and violence. She hadn’t slept in 60 hours, was unable to contact her family, and feels more alienated than ever before, her identity entirely negated,” said one protester.

Hundreds of Mumbai citizens gathered at the Azad Maidan on Wednesday, the third day since the state of Jammu and Kashmir was entirely cut off from the rest of the world, after a complete lockdown was enforced in the valley. It has been more than ninety hours since the lockdown was enforced.

The Central government led by the Bharatiya Janata Party (BJP) unilaterally abrogated Article 370, the only Constitutional provision that links Kashmir to India on August 5, Monday, 2019 while President’s Rule was in force in the state. Political leaders were detained, their personal freedoms snatched away. The decision was taken in a secretive manner, while the Parliament session was on, without any consultation with the state assembly that was dissolved in June, 2018.

Before the bill, Reorganisation of Jammu and Kashmir, was brought before Parliament on Monday, August 5, the state of Jammu and Kashmir was brought to a state of a complete shutdown. Fear and panic rules. More than seven million Kashmiri people have been incarcerated in their homes since the night of August 4 as a curfew was enforced, news media disallowed access, telephone lines, cellular, internet, and basic services cut off.There is widespread panic among the people –out of Kashmir and within the Valley–as they have not been able to establish contacts with their loved ones since the curfew was enforced. There is no way of knowing what prevails in the Kashmir.

Left parties, the Communist Party of India (Marxist), Communist Party of India (CPI), Communist Party of India (Marxist-Leninist) Liberation, All India Forward Bloc and Revolutionary Socialist Party declared August 7 as the National Protest day against “Dismantling the State of Jammu & Kashmir” which they have condemned an “assault on India’s Constitution, Democracy & Federalism”.

“I joined the protest to mark my dissent as a citizen of this country on the way the central govt. has provided a “solution” to “Kashmir problem”. Everything about the process is undemocratic, unconstitutional and unethical,” said Nikita Patodia, a social activist who joined the protest.

“I have rarely felt this hopeless and disempowered as a citizen, and I can only extrapolate my emotions to feel what the people of Kashmir might be going through. A non-existent opposition, a bought-out media, all resistance criminalised, and an enormous state power that has merged with Hindu majoritarianism. The present is absolutely dark and the future is troubling. Will we have any answers when our future generations ask us what the hell we were doing at a time like this?” asked Akhil, a masters student from the Tata Institute of Social Sciences.

Raghu Godavar, a freelance writer and editor and part of the Rethink Aadhar movement said, “I was at Azad Maidan to be counted among those Indians who are clearly, unambiguously saying that we don’t see Kashmiris as the enemy, that we support their right to self-determination.”

He adds, “I thought that the turn out (today) wasn’t bad. There were around 300-400 people in total. Though the protest was held in Azad Maidan many of us stood at the boundaries/grills where passers-by were stopping and we distributed pamphlets. All the 1500 Hindi and 500 English pamphlets got distributed and people were asking for more. As we were speaking to the crowd a lot of people gathered at one point and they were actually engaging with us, wanting to know more on the subject, were asking questions. I didn’t feel people had any hostility towards Kashmiris just that they genuinely believed that what had happened was possibly in their interest. Even such people were listening to the counter arguments that we gave. There was only one disruptor in a white shirt who tried to threaten us, calling us “K….. ke followers“, “deshdrohisetc” and was provoking people to beat us up! But others in the crowd told him to engage; another person said. ‘Kyon ladh rahe ho hum log sab Bhai Bhai Hain. Hindu Muslim Bhai Bhai hai.’ At such moments I really get amazed by Mumbai. Would this have happened in other cities? I feel there’s a lot of potential to engage with people here. We should take this forward ..not only for Kashmir but also for other upcoming attacks and assaults on freedoms. By the way, the guy in the white shirt also said,‘Vampanth khatm ho jaega’.”
 
Rossi D’Souza, a PhD student of Homi Bhabha Centre for Science Education (HBCSE)said, “As a citizen of a once colonized country, I enjoy many kinds of freedom today owing to the sacrifices of people like Bhagat Singh who were once considered anti-national and terrorists by their colonizers. Hundreds of freedom fighters fell to the bullets of the Gurkha rifles of the State’s Army a hundred years ago at Jallianwala baugh to a massacre we criticize today. But the same discourse continues to support the same colonizing forces while criticizing colonialism in the abstract. It is against this hypocrisy that I find myself compelled to oppose lest it be that my fallen brothers and sisters shed their blood in vain. I find it criminal to have the resources of my country and the labour of my fellow people be used to colonize our neighbour, more so in such a vile manner by a fascist regime whose leaders are known to be the mostcruel of men who’ve walked the earth. Tomorrow if Britain decides to revoke the Indian independence act of 1947 of the UK parliament, I would expect anyone with a spread of humanity to stand against it. And so as an Indian citizen who boasts of coming from the land of Ambedkar, Periyar, the Phules, Birsa Munda, I find it my duty to oppose the violent takeover of the land and freedom of my neighbours. The least I could do was join in a protest.”

Several political and civil rights groups have criticised the manner in which Article 370 was lifted. A coalition of more than forty organisations, Mumbai Rises to Save Democracy (MRSD) highlighted in its statement, “First, the government used the President of India’s powers under Clause 1 of Article 370 to apply an amendment to Article 367 of the Constitution to Jammu and Kashmir. This amendment in turn suggests that Clause 3 of Article 370 refers to the legislative assembly of Jammu and Kashmir, instead of constituent assembly. The effect of these changes, as per the Indian government, is that with the legislative assembly of Jammu and Kashmir currently dissolved, the Governor has the power to recommend revoking Article 370. However, given that Jammu and Kashmir is currently under President’s Rule, such a conclusion is a fraud upon the Constitution.”

A protester Salim Saboowala said that he came to demand reimplementation of Article 370 and Article 35(A) and to support Kashmiri people’s struggle against the Indian state which is going on for the last 70 years for which more than 90 thousands Kashmiri people have been martyred.”

He also said he came “to demand to remove curfew, reinstate net, telecommunications and other communications. Remove the blockage on Kashmir. Bring it back in the main stream, make people’s life normal. Remove army from Kashmir. To oppose the way our Constitution values have not been followed.”

Akhil added towards the end, “I returned resolving, inspite of, and because of, everything, if we do not find ways to speak up with Kashmir (not for, but with), if we do not effectively intervene and respond to everything this regime will bring upon all minorities of this dear land, we will not only fail as Indians, we will not only fail the Constitution, fail the spirit of fraternity and democracy, we will fail- ultimately, as human beings.”

Nikita also added, “The euphoria among masses is a further proof of 70 years of nationalist propaganda at work. Few people are looking out for the voices of the people of Kashmir. This is met with deafening silence of course, as the voices of the people of Kashmir as well as the local political leaders and activists has been seriously quashed. I reject this politics of communalism and demand the govt. do better.”

 
Related Articles:
1. A note from the Kashmiri Girl
2. Section 144 imposed on Kargil
3. Law of Force & the Law of Nature
4. Democracy Aaj Kal : Article 370 &Has India lost its moral high ground on Kashmir?
.
 

The post Why do we protest? Mumbai citizens speak on the lockdown in Kashmir, Article 370 appeared first on SabrangIndia.

Image Courtesy: Jewel Samad/AFP

Kashmir is reeling under a shutdown of the most opaque nature. As the government of India abrogated Article 370, the only constitutional provision that actually links Kashmir to India, ground was laid to prevent any form of resistance. Curfew was imposed late night on August 4. Internet, mobile and cellular services were shut down. Even cable TV and landlines were disconnected. Leaders of the opposition such as Mehbooba Mufti and Omar Abdullah arrested. The decision was taken surreptitiously, while the Parliament session was on, without consulation with the state assembly that had been dissolved last June when the state was brought, inexplicably, under President’s Rule. As of today, August 7, as per one report over 100 people have been arrested, one dead and six injured from the few reports that have emerged from the ground. However, there is no way to verify these figures in the absence of any reporting from the local media and the people. It is strange to even think that Kashmiri people, whose lives will be significantly altered by this move, are living in the deep shadows of a lockdown, which is unprecedented in Kashmir’s own bloodied history. Moreover, there is deep panic among the people as they have not been able to establish contacts with their loved ones since the curfew was enforced and there is no way of knowing the precise situation prevailing in the state.

As the streets of Kashmir remain deserted, in the few visuals that have emerged ever since, an exceptionally huge presence of the security forces can be seen.

In all this, those Kashmiris who stay outside Kashmir have found themselves in a situation in which they cant get in touch with their loved ones at any cost. Moreover, the fact that there is an absolute lack of clarity that when such a lockdown will be lifted and whether, if at all things will go back to the ‘Kashmiri normal’ has led to a sense of deep distress among the Kashmiri people.

Moreover, the dishonest reporting by the Indian media has led to a lack of trust among those who get in touch with their families. A page called Kashmir Beyond Borders, formed by Kashmiris across the diaspora to stay “connected” updated a status,
“A lot of Kashmiri students all over India are being approached by Indian media houses with a simple question: How do you feel? They ask this in the backdrop of the communication blackout imposed on our homes. Since no news is allowed to escape, we are supposed to be in distress, panic, and also exasperated by what has transpired in the last few days.
In a very emotive appeal, they asked, “How does one feel when not able to speak to parents and other loved ones in the evening? How does one feel when one does not have any whereabouts of everybody one has grown up with? Fear is a genuine human emotion. Of course any human will worry in a situation like this. But our fears are profound. We worry about our parents, siblings and neighbours, but not in the sense of survival, rather, in a deeper existential sense. We know that if they cook only beans at home because of the curfew, potatoes will come through the kitchen window. Nobody is going to sleep on an empty stomach tonight. Our sense of home and family is diffused; something Indians might not be able to fathom. So we worry about the Koshur qaum. We worry about the streets. We worry about the paddy fields, the rivulets and the apple orchards.”

Asking the question if they should speak to the Indian media and bare their pain, they said, “We should remember the role the Indian media has played in justifying the colonization of our country for all these years. We should remember how they have framed our struggle, weaved false narratives around it, and labelled us differently. They have spread canards that we are paid 500 rupees to throw stones at all the symbolic manifestations of their occupation of our land. They have insinuated that we carry a “death wish” in our eyes, leaving their armed forces no choice but to kill us. They have even trivialized our lives and aspirations by reporting that “Kashmir is happy”. They have brushed aside report after report by the United Nations about the violations of our bodily and territorial integrity as “airy fairy”.”

It must be noted that large sections of Indian media has celebrated this move calling it a “historic” step without mentioning the plight of Kashmiris.

Describing the sights in deserted Kashmir, deputy editor of Indian Express, Muzamil Jaleel said, “I have just come to Delhi from Srinagar. It is worse than 1846. Srinagar is a city of soldiers and spools of concertina wire. Yesterday, it took me three hours to reach office (Residency Road) from Parraypora. Phones – mobiles and landlines – have been disconnected. Internet is off. There is no money in ATMs. A very strict curfew has been imposed across Kashmir. I could only move around with lot of difficulty in uptown Srinagar. I have no information outside that small part of the city. However, I did hear there have been protests in old town Baramulla. A colleague received a text message on his dead phone – some glitch. Everyone I met is in shock. There is a strange numbness. We heard about killing of two protestors but there is no way to confirm. Kashmir has been turned invisible even inside Kashmir. The forces on checkpoints have specific instructions to disallow journalists to cross the barrier. I saw a tv crew from Delhi inside a hotel outside Rajbagh Police station – they were saying Kashmir is calm.”
A report in Indian Express delved upon the pain that Kashmiri traders in Kerala’s Kochi felt about not being able to get in touch with their parents.

“In 30 years of conflict in Kashmir, landline phones have never been blocked. Last night, even that happened. When you’re sitting so far away from Kashmir and you don’t know what’s happening to your families, it’s a horrifying feeling. It is like sitting on a time-bomb and waiting for it to burst. It is a very difficult emotion, of not being able to do anything. I worry for my family,” said Sajid Khatai, who arrived in Kochi in Kerala at the age of 21 after his uncle began a business here.

The post We worry about the Koshur Qaum: Kashmiris across the World try desperately to contact loved ones appeared first on SabrangIndia.

 “A PEEP OUT OF PAST ” a painted relief by Masood Hussain is a very serious creative  work. This relief (uploaded below)  forms the cover of Agha Shahid Ali’s Book THE COUNTRY WITHOUT A POST OFFICE 

Last night, after I objected to the problematic and factually incorrect memes being circulated on a family group, I was told that I was “preaching unilaterally”. I had only highlighted the problems in making Kashmir, a state into a union territory and bringing it under the direct purview of the Government of India by abrogating Article 370, the only constitutional provision that actually links Kashmir to India. The decision was taken surreptitiously, while the Parliament session was on, without consulation with the state assembly that had been dissolved last June when the state was brought, inexplicably, under President’s Rule. My objections didn’t go down well, as expected.

Sensing that there was a very real lacuna in how intellectuals and lawyers understand Article 370 and how the people, not so familiar with legal language understand it, I decided to find ways to make it simple for people to understand. I posted some pictures on Article 370 as my Instagram story this morning. These pictures were downloaded from the very credible, well respected social science journal Economic and Political Weekly’s Instagram handle and were simple to understand.

While I was in the middle of a hectic work day with several developments from all quarters, I was surprised by a flurry of Instagram notifications. A childhood friend was messaging me on this issue. He told me, apart from the usual mansplaining that “I value you..blah blah…Don’t dissent just because you have to dissent or you get paid for it. Don’t be this person. I look upto you and I want to. Propaganda cannot become life….” Finding his tone extremely demeaning and disrespectful towards me and my work, I told him, “With the tone you’ve adopted in speaking to me, I don’t feel like answering anything. First start treating other people like equals then speak to them.”

This led to more agitated messages from him. Finally, this person tells me to look at “my f…… relationships, then talk” while also calling me a “self-entitled” woman. Finally, he brags about his 12-year old marriage and comments on how I don’t have a “steady” relationship.

I am shocked beyond my wits. This person was a close childhood friend. I stood up for him when teachers were mean. I spoke up for him and with him during one of his toughest periods of life, undergoing trainings while he was trying to materialise his dreams. We have been in touch on and off for the past 18 years or so. I could not believe that some of the things that I had told him in confidence, at times when I was under a depression, he simply used some of this, or everything to make his point.

I am planning to unfriend and block this person. But this is about more than that.

The abrogation of Article 370 has opened up a Pandora’s box. I already feel a total sense of loss with several very close friends from Kashmir being completely out of touch with their loved ones. I find myself also worrying all night long about one such friend. Moreover, I am concerned how people are surviving the secretive curfew. I am also very worried about what will happen when curfew is finally lifted.

Just before the curfew was imposed, a few hours before the midnight of August 5, my friend told me, “I don’t know when I will talk to you next, so forgive me if I was rude to you. Inshahallah, I will meet you when all this is over.” He also said, “I don’t know what will happen if the Article 370 is amended.” He said that Kashmir wasn’t ready for this, there was panic in his voice and it sounded much grimmer than at other times. In fact, until the time I hadn’t spoken to him, the gravity of what the people of Kashmir were feeling, didn’t quite real sink in, even in my mind and heart. After this last conversation, his phone has been out of reach. As a totally unprecedented move was imposed on the Kashmiri people; a situation of a total blackout and complete shutdown.

I am not sure which other country in the world, with this kind of massive, really massive presence of presence of armed forces, has an enforced kind of a shutdown of this kind; where an entire people, its media, its basic life support systems are blocked. India has really snuffed out the Oxygen out of the Valley in order to plough ahead this move.

One wonders why? As I think of Kashmir, one image comes to my mind. A very dictatorial parent who has shut away their children, locked them up in a house in order to teach them a lesson. The amendment, and the manner in which it has been executed has brought out the worst and most chauvinistic sentiments among the people we knew and loved. And now is the time to choose.
 

The post I am choosing Kashmir: How a post on Article 370 became a Question about my Morality appeared first on SabrangIndia.

On Tuesday, July 23, the Bharatiya Janata Party (BJP) government moved two bills in Lok Sabha apparently to “reduce the compliance and administration ‘burden’ emanating from multiple legislations.”Some government-‘supportive’ media websites define these as “integration of labour regulations, minimise anomalies of contradictions thereby reducing litigation interpretation of statutes.”

While the Code on Wages 2019 (WC) seeks to combine four laws covering minimum wages, payment of wages, bonus and equal remuneration, the Occupational Health, Safety and Working Conditions Code 2019 combines 13 laws which include the Factories Act, the Contract Labour Act, the Interstate Migrant Workmen Act and specific laws covering beedi workers, cinema workers, journalists, construction workers, dock workers, plantation workers and motor transport workers, sales promotion employees and others.

The intent and objective of the WC bill says that this will lead to facilitation for ease of compliance of labour laws will promote setting up of more enterprises. The vocal discussion around the WC attempts to make it look like technology used in its enforcement will reduce violations, however, the bill’s use of technology appears actually be only to transform the entire system of labour inspection.

Besides, the long standing demand of established trade unions, to make the non-payment of minimum wages and such other basic violation of human rights cognisable offences, have been ignored. Worse, the bill has increased minimum wage by a laughable Rs. 2.

Now, apart from the definition of employee and worker running into each other, there is a creation of an additional authority- appellate authority. The appellate authority has been given all the powers of a civil court under the Civil Procedure, 1908, for the purpose of “taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such authority or appellate authority shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.” This appears to open up a murky terrain as it’s yet unclear how this authority will function. Moreover, matters or grievances that could earlier under the law, be taken to courts of law, with independent functioning and well-tested procedures, will be taken to an “authority”, which, in all possibilities, may not either function independently or take real or effective steps to address issues.

There appears legitimisation of the contractor and contract labour. By diluting or taking away the role or responsibility of the principal employer for the payment of wages and other benefits, including bonus, there is a legitimisation of the contractor.While defining “contract labour” the WC says that it means a worker who shall be deemed to be employed in or in connection with the work of an establishment when he is hired in or in connection with such work by or through a contractor, “with or without the knowledge of the principal employer”. The “with or without principal employer” aspect gains importance here, because in effect it means the principal employer isn’t responsible for the labour that is hired in their organisation or industry if it is sub-contracted out .

The introduction of combined labour contract licenses for all tasks in an establishment removesthe possibility of identifying for contract license, a perennial task from a non-perennial task. This takes away from core principles of Contract Labour Act and will provide employers a legal cover to hire contract workers in a perennial and core tasks.

On similar lines, the amendment of motor vehicle act provides no safety but makes provisions for large companies to enter. There are excessive penalties on the driver. Role of conductor has been omitted.

Reactions to this move by the Modi 2.0 government have been sharp.

Ashok Singh, Vice President of Indian National Trade Union Congress (INTUC) said, “To ‘reform’ the labour laws, labour itself hasn’t been consulted. It’s pro-capital. Public sector is being privatised and poor are being pushed out of things.”

The WC bill also is conspicuously silent on gender related issues. It doesn’t contain any provisions to protect workers against discrimination. It’s a violation of constitutional provisions of equality of opportunities and international standards and guidelines such as the ILO Convention on Discrimination (Employment and Occupation), 1958, ratified by India. A statement by Ajeevika bureau said, “Unlike Equal remuneration Act, 1976, it talks only of wage inequality but is blind to discrimination in recruitment, promotions, transfers and trainings.” It’s a well-known fact the people from marginalised backgrounds, especially backward castes, religious minorities and those from discriminated genders, have to bear the brunt of their background at each step of the employment cycle. Hence no explicit mention of these forms of discriminations leaves the room wide open for interpretation and work place harassment of marginalised people.

Vasudevan Nambiar from the New Trade Union Initiative (NTUI) said, “The WC combines existing laws into few codes. How does it arrive at that conclusion? The objective [of the bill] has been to facilitate more exploitation, provide cheap labour, hire and fire and more such cosmetic changes. The employers are free to do what they want just because they employed someone.”

On the aspect of accountability he said, “The system of supervision and inspection has been taken away.” In the WC, the aspect of inspection is being aided by a “facilitator”. The role of a facilitator is again, subject to actual circumstances and doesn’t strengthen a robust inspection process.

Nambiar added, “Because the employment itself is coming with an expiry date, the scope of unionisation has become very limited.”He added, “On the one hand they say “Make India great”, “Freedom for investment”, on the other they are rapidly enforcing these changes already at many places. These just remain words on paper with hardly any relief for workers.”

Similarly, the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act of 1955says the Industrial Disputes Act of 1947’s provisions apply to journalists. In case of retrenchment, however, lawyers state that the Working Journalists Act enhances the protections for journalists above and beyond the protections the Industrial Disputes Act offers to workers in other sectors. 

While the Industrial Disputes Act Section 25F gives only one month notice period in case of retrenchment of a workman, the current legal protections are that if one wishes to retrench a journalist, one has to give three months’ notice, and if the person is at the level of an editor, then one has to give six months’ notice. This, as per lawyers and experts, has been done to protect “free speech and the independence of journalists, insulating them from political pressure on media owners”. However, the Occupational Safety, Health and Working Conditions Bill, 2019 which subsumed the Working Journalists Act, has omitted these provisions. What was required was that the friendly provisions of the 1955 Act should have been extended to digital media. Instead the new Bill disregards these provisions.

A statement released by left groups highlighted, “Contrary to the government claims, these codes would enhance the process of exclusion of workers from the benefits they accrue from the existing laws, by simply raising the threshold level of number of workers for application of these laws.”

The trade unions affiliated to left groups have also alleged that while determining the minimum wage, there was no participation from left groups. “The wage code has denied the agreed formula of wage calculation as per 15th Indian Labour conference, and add on 25% as directed by Supreme Court judgment in the Raptakos case and which was repeatedly and unanimously accepted by 45th and 46th ILC. The Expert Committee appointed by the Central Government, which excluded any participation from the Trade Unions, to determine the methodology to determine the National Minimum Wage also went against those recommendations. But to top it all the Labour Minister, on 10.07.2019 unilaterally announced the National Minimum Wage as Rs. 4628/-pm, when even the 7th CPC recommends Rs.18000/-pm as the minimum wages w.e.f. 1.01.2016.”

The statement also said that the Code on Occupational Safety, Health and Working Conditions bill will exclude 90 percent of the workforce, especially from the unorganised and informal sector, outsourced on contract out of the purview of the code.

“By repealing all these Acts and selectively picking up the provisions advantageous to employers only from these Acts for incorporation of the Code Bill and grossly diluting and/or tampering all the provisions pertaining to rights and protection of the workers in general, the Govt. seeks to drastically curtail the workers’ rights, in their most obedient services of their corporate masters.”

In a labour market where there is a diverse workforce, with specific needs of each sector, this seems like a move intended to benefit the market more than the labourers themselves.

More rigorous debate and discussion needs to take place on public platforms around these issues.
 

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A public hearing on the issue of lack of implementation and negligence of forest rights in the state of UP, attended by eminent persons from across the country noted the lacunae in public policy and implementation and highlighted that despite several attempts by the government, the Forest Rights Act (FRA), 2006 couldn’t be diluted.

Key observations included the urgent need to make forest rights into a core political issue which should be addressed by all political parties alike. The jury members included former Supreme Court judge, Justice B.G. Kolse Patil, human rights defender and educationist and Citizens for Justice and Peace (CJP) Secretary, Teesta Setalvad, social worker Sandeep Pandey, former DIG (UP), G.P. Kanaujia, senior lawyer of Allahabad High Court, Adv. Farman Naqvi and Allahabad HC lawyer Adv. Chau. Dilnisar. It was organised by Van Evam Bhoo Adhikar Abhiyan and All India Union for Forest Working People (AIUFWP). The public hearing also deliberated upon the atrocities committed by the forest department on forest dependent communities in collusion with the police saw in January this year.

The findings from the public hearing have some important bearings for the upcoming hearing in which the Supreme Court is going to preside over a February order that had ordered the eviction of millions of forest dwelling people.

Diversity in UP forests and forest dwelling communities
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act (FRA, 2006) was passed in 2006 after a long struggle of forest dwelling communities.

UP has a forest cover that spans over more than 19 districts. In these forests, stay the forest dwelling communities who number in lakhs. UP has a vast range of different kind of forests. For example, the khols of Van Gujjars, Goth, Vankathiya labourers’ forest villages, van Tangiya labourers’ forest villages, forest villages comprising of those displaced by floods, fixed demand holding forest villages. And also conserved and reserved forests and nationals parks within which traditional forest dwellers have been in habitation for several decades. It is mainly, Adivasis, Dalits and other traditional forest dwelling communities who reside here.

Initially, the forest department had sent information on only 13 such forest villages to the (state) administration. However, the articulations and assertions as a result of people’s movements ensured the more accurate registration of the total number of forest villages, which was found, after meticulous corroboration with government records, to be at 89 in number.

The public meeting started with an observation that the Forest department remains hostile to implementing the FRA 2006 law because its enforcement would empower forest dependent communitiesa towards a stricter vigilance over their lands. Moreover, at present, invaluable forest produce (worth crores of rupees) is presently under the control of the Forest department, despite provisions of the 2006 law. If this Act is implemented in its true spirit and entirety, the department will have to relinquish thishold.

Testimonials before the Public Hearing and interjections from the jury brought forth some interesting observations:

• That, the climate of fear, generated by undue power and authority vested in the Forest department, an authority that was not any more sanctioned by law had seriously jeopardised the lives of forest dwellers. There are several examples that point to this. Instead of an implementation of the law, false cases are being lodged on the people. 
• Recently, in Bijnaur, a false report was given by the Forest Departmentto the government erroneously stating that there were no forest dependent communities living in the area. Tiger reserves then began to be constructed in the forests of Pilibhit based on this falsified information. Besides, there have been brute and violent attacks on women in forest dwellers in Kheeri, Khatima and Sonbhadra.
• Similarly repression was faced by those 16 Gram Sabhas which had filed community forest rights claims in Sonbhadra district headquarters at Robertsganj.
• The grave situation of forest rights has been taken into account by the Allahabad High Court (HC) and in October, 2018 it also ordered to process the claims filed as per the law. This order also states that while the claims are being processed, no atrocities should be committed on the communities.

 
Here are some key highlights from the testimonials of different sections of forest dwelling communities that attended the public hearing.

Sonbhadra                                                                      

• Shyamlal Paswan from Sonbhadra district said, “Several false cases are imposed on us. Twice, cases pertaining to Goonda Act were lodged on me. Police threatens to kill us by naming us in history sheets. And even today there are so many cases against us, pertaining to Section 120B, C.L. Act, IPC Sections504,149,147,148,353 and 452 etc. –these serious sections are mentioned and then the villagers are exploited.” Paswan highlighted that he was sent to jail four times. “It’s tiring to keep fighting so many cases. How can we do that?”
• Lalti Paswan, forest rights activist and Shyamlal’s wife said that though the FRA was passed, the people have experience enormous amount of atrocities. “I went to jail four times. Police beat me up and no medical was done. . Only when I went to the Mirzapur jail [did I received some treatment]. Till today no action has been taken. And when the administration got tired of charging us with false cases, they started targeting our children and their in-laws.”She continued, “We don’t even receive the summons, and directly get the arrest warrant.”
• Shobha is a resident of Badi village which has about 100 households. The people here have claimed about 500 acres of land through community forest rights. Shobha gave an account of the attack that took place on her house in 2015 before the Jury that was conducting the public hearing. She spoke in detail of the nexus between the forest department, police force and local mafias.

Giving a detailed account she stated how the attack began with boulders being first thrown at her house, before it was set on fire. Many women were injured in this attack and yet no action was taken against those who had inflicted this crime. Instead false cases were lodged against Adivasi and Dalit women. She alleged that there are numerous and often repeated incidents of instigation of community women. Shobha faced sexual violence in 2006 and is still battling that case in court.

Bahraich- Sommari Yadav

• Sommari spoke about the threats he received from Forest Ranger while he was returning to his village after the day’s work. The ranger threatened him, “One day we will straighten you out and even those who have taught you about your rights on forest.” Talking about the troubles of his community he noted, “On the one hand the government presents itself as promoting and protecting cow keepers and cattle stockers, on the other hand the life of forest dwelling cattle stockers. They are forced to get rid of their country cows.”

Bahraich- Jung Hindustani

• Located along the border areas of Nepal and India, forest villages have existed in the region since the time of British occupation, or even before. There are some forest villages and some Van Tangiya villages. 
• Van Tangiya villagers are made to work as begaar (labour without any payment of wages). The produce extracted or produced by forest working peoples like milk, curd, ghee, grains etc. is poached upon by the Forest Department. The department takes a share of everything from the villagers. For decades, forest dwellers from these villages didn’t have voting rights. It was only from 2005 onwards that they started getting forest rights, but exploitation by forest department increased from that date, as well.
• He drew the attention of jury members to the supposed afforestation projects that subsequent governments keep promising of. He said, “So much money has been extracted in the name of afforestation projects. Akhilesh government said that they will plant five crore trees. Yogi government promised that they will plant six crore trees. A while later they said that they will plant 11 crore trees. In three years, on papers, 22 crore trees have been planted. However, on the ground not many trees can be seen. The only trees that have survived are the ones that have been planted by the Van Tangiya community. 

 
Chandauli- Roma

• AIUFWP General Secretary and leader Roma said that FRA has not been effectively implemented in Chandauli. Only around 2010, for the first time, were Gram Sabhas formed and individual claims came to be filed. They were asked for proof of the last 75 years even though there is no such requirement under the FRA. On July 29, 2018, the villagersof Chandauli filed community forest rights claims. No sooner had they filed the claims, that the forest department along with the district administration came to the villages and allegedly destroyed the crops. Large ditches were dug up on land that was up for the claims process.

 
Rajaji Forest- Mustafa Chopda

• Mustafa alleged that Forest Department burns down forests, and thenlets hunters enter the forests. He highlighted the important role of Van Gujjars in sustaining forests, “Van Gujjars peel off old barks of trees so that new supple leaves grow there. They store water for their animals, which the wild animals drink as well. Does anybody care about forests like that?”

 
Saharanpur – Kaluwala Van Tangia- Chanuram

• People who were working under the Tangia techniqueof cultivation were given some rights over the land. However, more recently, while doing surveys, Forest Department indicated the number of families to be far lower than the actual numbers. For example, between Nand Ram and Nadu Kaluwala, two brothers, one of whom, Nandu didn’t have any sons, the land should have gone to his nephew. But his names was struck off. People here allege that there is no specific procedure followed when granting revenue status to villages. In one such village with the name Bhatianagar, the police claimed that it was never populated. However, the villagers alleged that forest departement’s own records contradict them. Chanuram reiterated what several others had already said, “Forest department doesn’t want us to continue living in the interior regions as that obstructs what they want to do.”
• Chanuram noted, “Forest department lures us with bribes. They say that they will give us accommodation outside the forest. “ In the 13 khole in the Shivalik range, as many as 4000-5000 families live. They vote. The Sarpanch has even certified that they are the residents, yet the revenue department doesn’t give them Income certificate (Aay adhikar) certificate.
• In a case in which army went into the interiors of the forest to practise combat, a woman was shot dead. The Forest department didn’t show any sympathy or concern. In fact, it gave a no objection certificate to the army certifying that no one lives inside the forest.

 
Lakhimpur kheeri

• Seventeen villages in Lakhimpur Kheeri had claimed their rights on forest produce as per the FRA. Section 3(1) of the Act gives the forest dwellers the right to protect, regenerate or conserve or manage any community forest resource which they have been traditionally protecting and conserving for sustainable use. Later, 23 villages in the area claimed community resources rights.

• Though the officers there assured forest dwellers that their claims will be processed within two months at sub district level and forwarded to the district level committees, not much has happened. Even until 2016 the claims were un-processed and thereafter the files were misplaced. Later, the files were made available by the Pariyojana (Project Officer) office. Through all this, SDM was transferred. Then the villagers protested in their thousands on December 28, 2018 in front of the SDM office. The SDM assured action. However, the village level revenue officer, Lekhpal started processing the claims merely on the basis of claim forms. Again, the forest dwellers had to object and they highlighted that Parivar Suchi (family register) of families was an important document) and was relevant for verification.

Jury Spoke!
HRD and educationist Teesta Setalvad, who is also Citizens for Justice and Peace (CJP) secretary and has been closely working with forest rights movements, outlined three key issues for the political parties. She said, “As soon as the new government comes to power, we should demand that the parliament should have a three day special session on FRA, so that the parliamentarians can understand how this law should be implemented and that its implementation itself is converted into a political program.”

Adv. Farman Naqvi said that it was very important to make this into a political issue and to urge the political representatives to take up the matter of implementation of FRA to the political representatives. Adv. Naqvi had fought Sokalo’s case in Allahabad HC last year when she was illegally arrested from Chopan station in Sonbhadra.

Empathising with those present there, Justice Patil pointed out repression going on in other states. Justice BG Kolse Patil said, “Democracy needs numbers, for people to come together. Today, we need that people should come together in large numbers. I want that Dalits, Muslima, Adivasis, everyone should unit and they take up your issues.”

Ashok Chaudhary highlighted the importance of the law, FRA 2006. He said, “Though there was a lot of exploitation under Modi government, they couldn’t touch the FRA. Even the tribal ministry has sent a circular saying that an SDM doesn’t have the right to reject any claims. And yet, the Forest Department is interfering with the law and it is ignoring the Forest Rights Committees (FRCs). On the other hand, at the ground level, the Gram Sabhas aren’t totally aware of the rights granted to communities under FRA. You will have to educate the people in your respective areas [about the Act]. This law [FRA] doesn’t give anyone rights to reject claims. Infact if you’ve claimed land then nobody has the right to remove you.”

Activist Sandeep Pandey pointed out a very interesting fact from the region. He said, “When I came here, I saw shining lights in Renukoot, even though traditionally UP is known for not being industrial. I saw that companies have got huge plots of land. Another organisation, Vanvasi Seva Ashram has land, on which schools and colleges are built. So, companies have got land, schools, colleges have got land, organisations have got land. But the rightful owners of forest land have not received land, instead those who shouldn’t have got the land, have captured it.” He highlighted the fact that as, in the course of the hearing of the petitions around the Right to Food campaign, the Supreme Court has appointed Special Commissioners, whose role was to go to every state and see if the law had been implemented properly, such an option could be explored in the case of implementation of FRA. He also highlighted the issue of rejection of claims, and allotment of lesser land than requested if claims were approved. He said that this trend needs to be done away with and only the fact that a particular community stays in the forest village should be proven.

The broad themes that emerged from the public meeting, were those of severe repression from the Forest Department on the forest dwelling communities. The communities themselves are diverse in nature and are engaged into a diverse range of activities, right from community farming, to nomadic lifestyle, to cattle stock takers, to keepers of trees and more. It was also felt that the communities have a positive impact on the sustenance of the forests. However, not only do they face repression, there is inexplicable delay in the processing of their claims. Even when their claims are processed and accepted, the land they receive is lesser in area than what they had claimed. Unless there is a strong pressure from the communities, many files of claims keep lying in faraway offices of the administration and eventually get misplaced. A scientific survey or assessment of the lands has not yet been taken up. There also appears to be many malpractices and incidents of misappropriation of money going on. Jury members highlighted the importance of this issue as a political issue.

The entire report in Hindi may be read here

Related Articles:
https://cjp.org.in/sokalo-gond-adivasi-warrior-who-defends-her-people/
https://cjp.org.in/roma-interview-supreme-court-decision-fra/
https://cjp.org.in/sonbhadras-mahua-coloured-dreams/
https://cjp.org.in/rajkumari-bhuiya-songs-as-her-tool-sonbhadra-forest-rights-leader-marches-on/
 

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