SabrangIndia https://sabrangindia.in/ News Related to Human Rights Thu, 21 Nov 2024 04:48:49 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png SabrangIndia https://sabrangindia.in/ 32 32 Voting manipulation and police brutality plague 8 out of 15 by-poll seats; Muslim voters denied their right to vote in UP https://sabrangindia.in/voting-manipulation-and-police-brutality-plague-8-out-of-15-by-poll-seats-muslim-voters-denied-their-right-to-vote-in-up/ Thu, 21 Nov 2024 04:11:45 +0000 https://sabrangindia.in/?p=38883 Voter suppression and manipulation marred 8 out of 15 by-poll seats, with 7 in Uttar Pradesh witnessing blatant violations of fair voting practices and denial of votes to Muslim voters. In Punjab's Dera Baba Nanak, violent clashes erupted between AAP and Congress workers. In UP, police were seen to have brutally attacked voters demanding their right to vote. The ECI, initially a silent spectator, was eventually pressured by the opposition to suspend 7 officers for obstructing voters and verifying ballots.

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]]> A voter turnout of over 50% was recorded in the bypolls for 15 Assembly seats across Uttar Pradesh, Punjab, Kerala, and Uttarakhand on Wednesday, November 20, 2024. Especially, voting in the bypolls for nine assembly seats in Uttar Pradesh saw a slow start on Wednesday, with turnout failing to exceed 60% in any constituency. Ghaziabad recorded a particularly low turnout of just 33%. In comparison, the state had a 61.03% turnout in the 2022 Assembly elections.

Voting began at 7 a. m. in constituencies including Katehari, Karhal, Mirapur, Ghaziabad, Majhawan, Sisamau, Khair, Phulpur, and Kundarki, with polls scheduled to close at 5 p. m. By the 5 the 5 p. m. update, voter turnout figures were as follows: Ghaziabad 33.30%, Katehari 56.69%, Khair 46.43%, Kundarki 57.32%, Karhal 53.92%, Majhawan 50.41%, Meerapur 57.02%, Phulpur 43.43%, and Sisamau 49.03%.

Sabrang India reported multiple incidents of voter suppression across Uttar Pradesh’s Meerapur, Kundarki, and Sisamau assembly constituencies on November 20, 2024. As by-elections for 15 seats concluded at 6 pm, 8 out of 15 seats saw blatant violations of voting rights. Particularly troubling were the reports from 7 of the 9 seats in Uttar Pradesh, where Muslim women were allegedly denied their right to vote based on their religious identity. Hundreds of videos surfaced on social media, exposing these violations and raising concerns about the fairness of the elections. Additionally, clashes erupted between AAP and Congress workers in Punjab’s Dera Baba Nanak seat.

Muslim women voters stopped by police, IDs and voting slips illegally verified

SP chief Akhilesh Yadav shared a video from Kakrouli, Meerapur, showing a police officer in riot gear pointing a gun at women. In a post on X, he tagged the Election Commission, urging immediate suspension of the Kakrouli SHO. He accused the officer of preventing voters from casting their votes by threatening them with a revolver.

“Election Commission should immediately suspend SHO of Kakrouli police station area of Meerapur because he is stopping voters from casting their votes by threatening them with a revolver.” He wrote on X

Akhilesh Yadav also shared another video showing burqa-clad women claiming they were being prevented by police from reaching the polling station. In Ibrahimpur, Muslim women faced mistreatment and were denied the right to vote. Expressing concern on his official X handle, Yadav urged the Election Commission to take immediate action against the Station House Officer (SHO) responsible for the incident.

“There should be immediate suspension action against the SHO who used indecent behaviour and language with women to prevent them from casting their votes in Ibrahimpur,” he wrote on X.

Shockingly, voters were reportedly also stopped by police from casting their votes at booth number 65 in the Katehari Assembly of Ambedkar Nagar.

While the legal mandate to check voters’ IDs and slips lies with the presiding officer and their team, as clarified by the Chief Electoral Officer of Uttar Pradesh in an order dated November 19, 2024, police personnel deployed at polling booths in UP blatantly violated this rule on poll day i.e. November 20, 2024. Despite the mandate, police personnel demanded voters, particularly Muslim voters, show their IDs. Many were forcibly turned away and prevented from proceeding to the polling booths, effectively denying them their right to vote.

SP demanded re-polling on Kundarki assembly constituency

On Wednesday, the Samajwadi Party (SP) called for repolling in the Kundarki Assembly seat, alleging fraudulent voting and a deliberate attempt to prevent voters from a specific community from reaching polling stations. Samajwadi Party (SP) candidate, Mohammad Rizwan wrote to the Election Commission, requesting the cancellation of the election

However, Mohammad Rizwan confronted police officers who were checking voter IDs and slips at a barricade near a polling booth. Rizwan lodged a complaint with the Election Commission (ECI), accusing police of misconduct, including physically assaulting polling agents and obstructing voters, particularly in Milak Sikri. He alleged that police actions were aimed at disrupting the election process and intimidating party agents. Voters in Kundarki reported being questioned about their party choice, with those supporting the SP facing abrasive treatment and, in some cases, being denied the right to vote. Rizwan claimed the administration was actively preventing SP supporters from voting.

Rizwan claimed that SP supporters and other voters were subjected to extreme police atrocities, with reports of intimidation and obstruction. According to the candidate, the local administration was actively preventing and threatening Samajwadi Party supporters from exercising their right to vote.

 

 

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A post shared by Haji Mohd Rizwan (@mohdrizwanmla)

Full story can be read here

ECI suspended 7 Policemen in UP over violations

Despite numerous videos circulating on X and other social media platforms, in which Muslim women alleged vote denial based on their religious identity, the Election Commission of India (ECI) initially remained silent. After facing pressure from the opposition, the ECI eventually took action and suspended seven police personnel, including three from Moradabad, two from Kanpur, and two from Muzaffarnagar.

These videos highlighted how voters supporting the Samajwadi Party (SP) were allegedly mistreated by the administration, with claims of rude behavior and intimidation. Many reported being denied the right to vote, particularly those pressing the SP’s cycle button.

It was after Samajwadi Party (SP) chief Akhilesh Yadav accused police of unlawfully checking voter IDs and Aadhaar cards, publicly and repeatedly on ‘X’, formerly twitter,  urging the Election Commission to take action, that the poll body began to address the issue. Yadav’s accusations highlighted the BJP’s alleged influence on the administration to suppress votes and engage in foul play. While the ECI did suspend several officers, its initial inaction on the widespread complaints only fueled doubts about its impartiality.

Additionally, in a statement, Chief Electoral Officer Navdeep Ridwa clarified that five police officers have been suspended in response to complaints of irregularities during voting. He emphasised that all voters arriving to cast their votes would undergo ID verification, but this responsibility lies solely with the polling station staff. Police officers are not authorized to check IDs, and any police personnel found performing this task will face strict action.

Punjab records 59.67% voter turnout till 5 PM in 4 Assembly Constituencies

In the Punjab by-polls across 4 assembly constituencies, the overall voter turnout reached an average of 59.67% by 5 PM. The turnout for individual seats was as follows: Dera Baba Nanak recorded 59.8%, Chabbewal (SC) saw 48.0%, Gidderbaha had the highest turnout at 78.1%, and Barnala recorded 52.7%.

While the election proceeded peacefully in most areas, a clash broke out between AAP and Congress workers at the Dera Pathana polling booth in Gurdaspur, creating a brief moment of tension. Despite this, the by-poll remained peaceful.

Palakkad (Kerala) bypoll turnout crosses 50%

With just half an hour remaining before polling stations close in the Palakkad by-election, voter turnout had reached 65.98%, with 1,28,484 votes cast out of 1,94,706 registered voters. Of the 1,00,290 women voters in the constituency, 66,162 have already cast their votes, reflecting active participation in the election process. The final turnout is expected to increase as the voting period concludes.

Kedarnath recorded 56.78 % turnout till 5 PM

As of 5 PM, the voter turnout in the Kedarnath by-election reached 56.78%, according to the Chief Electoral Officer of Uttarakhand. Voting began at 8 a.m. and concluded at 6 p.m.

However, senior advocate Prashant Bhushan criticised the illegal police interference in checking IDs, posting on X, he said that. “There are many credible reports of gross police interference with voting today. Police are preventing minorities from voting under the guise of checking ID cards. How is this permissible @ECISVEEP? Are you allowing @Uppolice to control elections?”

 

Hence, the by-elections for 15 assembly seats across Uttar Pradesh, Punjab, Kerala, and Uttarakhand on November 20, 2024, were marred by significant voter suppression and police misconduct. In Uttar Pradesh, 8 out of the 15 seats experienced blatant violations of voting rights, with Muslim women and other voters being denied the right to vote based on their religious identity. The Election Commission, initially silent, eventually suspended seven police officers in response to widespread allegations of illegal ID checks and voter obstruction. Violent clashes between AAP and Congress workers were also reported in Punjab’s Dera Baba Nanak. The low turnout, especially in Uttar Pradesh, raised concerns about the integrity of the election process.

The Election Commission’s delayed response to these violations further undermined public confidence in its impartiality. On November 23, 2024, the results for all 15 by-election seats will be announced, with voter suppression and electoral misconduct continuing to cast a shadow over the legitimacy of the outcomes. The gaze will then be on the integrity of the counting process, especially after serious concerns have been expressed about the concealment of actual voting figures — constituency-wise—by the ECI before counting begins, at 8 am on November 23.

Related:

https://sabrangindia.in/up-by-elections-reports-of-serious-disturbances-and-disruption-of-voters/

https://cjp.org.in/counting-of-votes-and-post-counting-remedies-to-the-victim-candidates-of-a-tainted-election-process/

https://sabrangindia.in/vote-for-democracy-vfd-releases-report-on-the-conduct-of-general-election-2024/

 

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]]> Elections amidst glitches: Maharashtra’s crucial poll day unfolds with complaints of barricading and EVM glitches https://sabrangindia.in/elections-amidst-glitches-maharashtras-crucial-poll-day-unfolds-with-complaints-of-barricading-and-evm-glitches/ Wed, 20 Nov 2024 13:34:14 +0000 https://sabrangindia.in/?p=38878 From EVM glitches to community boycotts, the single-phase election for 288 constituencies highlights logistical challenges and fierce battles between rival alliances

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]]> The 2024 Maharashtra Assembly elections, held on November 20, have been a significant political event, marking the battle for dominance across 288 constituencies in a single-phase voting process. The ruling Bharatiya Janata Party-led Mahayuti alliance is vying for another term, while the Opposition Maha Vikas Aghadi (MVA) seeks a strong comeback. Against this backdrop of fierce political rivalry, voting day brought forth various logistical, social, and political challenges that offer a deeper insight into the democratic process.

Issues impacting voting in Maharashtra Assembly Elections 

  1. Technical glitches in Electronic Voting Machines (EVMs)

The efficiency of the voting process was tested when an electronic voting machine malfunctioned at polling booth number 210 in the Kothrud constituency, located in Annasaheb Patil Primary School. The fault occurred around 8:00 AM, just an hour after polling began. The machine displayed an invalid status due to a wiring issue, causing a 30-minute delay.

Early voters, many of whom had arrived to cast their votes before heading to work, expressed frustration. One voter spoke to The Indian Express and stated that “I came early to vote and avoid delays at work, but the machine fault ended up delaying me anyway.” Another onlooker described to the IE reporter that the incident as ironic, given the significance of the election. Sector officer Pradeep Rangdale explained that the technical team responded promptly to fix the wiring, which had been disturbed by the morning rush. Despite resolution, the incident raised concerns about EVM reliability and the preparedness of election officials.

  1. Protests and boycotts by the Transgender community

A political statement emerged from Pune, where members of the transgender community chose to boycott the elections. This decision, led by Manasi Goilkar of the Shrikhandi Trust, was driven by the community’s long-standing demand for vertical reservation, which has consistently been ignored by political parties and candidates.

The district has 805 registered transgender voters, but activists claim the actual number exceeds 10,000 due to underreporting and societal stigma. Goilkar criticised political leaders for neglecting the community’s issues, stating, “None of the parties or candidates even came to meet us or try to raise our issues,” as per a report of the Hindustan Times.

The neglect extended to Shameebha Patil, the lone transgender candidate contesting from Raver constituency under the Vanchit Bahujan Aghadi (VBA). During her campaign, Patil allegedly faced sexist and derogatory remarks from opponents, further highlighting the systemic discrimination faced by the community. The boycott by the transgender community sheds light on the broader issue of political apathy towards marginalised groups.

  1. Allegations against the Election Commission

The integrity of the Election Commission was called into question during polling day, with allegations of bias and corruption surfacing from various quarters. Specific incidents, such as barricading in Nagpur Central, led to claims that the Commission had compromised its neutrality and sided with ruling parties.

People have accused the Election Commission of failing to uphold the principles of free and fair elections. The Opposition’s statements added to the charged atmosphere, with some claiming this was indicative of a broader erosion of democratic norms in the electoral process.  Voting for the Maharashtra assembly election concluded at 6 pm. The state has recorded 58.22% per cent voter turnout till 5 pm after a slow start. As per reports, Gadchiroli recorded the highest voter turnout at 69.63%, while Mumbai city recorded the lowest at 49.07%.


Within Mumbai city, Mahim recorded the highest voter turnout at 55.23% while 41.64% turnout was recorded in Colaba, which was the lowest.

Within Mumbai suburban, Bhandup West recorded the highest voter turnout at 60.18% while 47.05% turnout was recorded in Chandivali, which was the lowest.

 Mahayuti Alliance: Campaigning on welfare and polarisation 

The BJP-led Mahayuti alliance, which includes the Shiv Sena (Eknath Shinde faction) and Ajit Pawar’s Nationalist Congress Party (NCP), approached the elections with a dual focus on welfare schemes and polarising slogans. Campaigns centred around initiatives like “Majhi Ladki Bahin” for women, while slogans such as “Batenge toh katenge” and “Ek hai toh safe hai” were used to rally support. These slogans, however, drew criticism from the Opposition, who accused the alliance of fostering divisions along communal lines.

The seat distribution within Mahayuti was as follows:

– BJP: 149 seats

– Shiv Sena (Eknath Shinde faction): 81 seats

– NCP (Ajit Pawar faction): 59 seats

Despite these efforts, internal contradictions were visible, with leaders like Deputy Chief Minister Devendra Fadnavis and Ajit Pawar having to clarify or distance themselves from controversial campaign messages.

Maha Vikas Aghadi: A focus on social justice 

The Maha Vikas Aghadi (MVA), a coalition of the Congress, Shiv Sena (Uddhav Balasaheb Thackeray faction), and NCP (Sharad Pawar faction), aimed to counter Mahayuti’s polarisation tactics with a focus on inclusivity and constitutional values. Their campaign advocated for a caste-based census and social justice initiatives, appealing to voters disenchanted with the ruling government.

Seat allocation for MVA was as follows:

– Congress: 101 seats

– Shiv Sena (UBT): 95 seats

– NCP (Sharad Pawar faction): 86 seats

Leaders such as Rahul Gandhi and Sharad Pawar criticised the BJP’s governance and campaign strategies, framing the MVA as a more progressive and equitable choice for voters.

Smaller players and independent candidates 

The elections also saw participation from smaller parties such as the Bahujan Samaj Party (BSP), which contested 237 seats, and AIMIM, which fielded candidates in 17 constituencies. An impressive 28% rise in candidates was noted this year, with over 4,000 individuals in the fray, including 2,086 independents. This increase points to growing dissent within major alliances, as many rebel candidates challenged official nominees.

Related:

UP by-elections: Reports of serious disturbances and disruption of voters

‘We are considered servants, not humans’: Women of Jai Bhim Nagar reveal the violence of domestic work

ote for Democracy (VFD) releases report on the conduct of General Election 2024

Counting of votes and post-counting remedies to the victim candidates of a tainted election process

ECI faces ire over lack of transparency and discrepancy in poll data, the poll body dismisses the allegations in a detailed response

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]]> Iconoclast: Path breaking biography of BR Ambedkar projects his human essence https://sabrangindia.in/iconoclast-path-breaking-biography-of-br-ambedkar-projects-his-human-essence/ Wed, 20 Nov 2024 12:34:19 +0000 https://sabrangindia.in/?p=38875 In this review, the writer examines how Dr Anand Teltumbde, the distinguished academic and human rights defender eradicates the hyperbole that turns Ambedkar into a demi-god.

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]]> In Iconoclast, Dr Anand Teltumbde, a distinguished authority on the Dalit movement, presents an illustrative biography of Dr B.R. Ambedkar. Without doubt, a path breaking work. The author brilliantly traces his crystallisation into one of the icons of the last century or dissects events that shaped Bhima Rao’s evolution to Babasahaeb into making Dalits recognize Ambedkar as their leader. Teltumbde navigates areas beyond the boundaries of history, investigating Ambedkar’s impact on contemporary India. He also incisively explores the epic struggle for liberation Teltumbde navigates the complexities of Ambedkar’s persona, portraying Ambedkar as a visionary and as a human, and above all as an iconoclast motivated by an unflinching pursuit of social justice and equality. From his tireless advocacy for the Dalit community to his visionary ideals of liberty, equality and fraternity, Teltumbde does justice to Ambedkar’s legacy lighting a new dawn through the age, inspiring generations to accomplish the goals of eradicating inequality and cutting tumours of injustice from society.

De-mythifying Ambedkar

Iconoclast projects Ambedkar as a man of flesh and blood, who reflected the times in which he lived and endeavoured to achieve his goals. In contrast to the hyperbole often associated with his legacy, Teltumbde eradicates any element of myth and eulogy to convey the essence of the man behind the legend. Iconoclast projects Ambedkar as a man of flesh and blood, who was a product of his times and one who endeavoured to achieve his goals.

Quoting Teltumbde . “A biography often becomes a eulogy, an unquestioning celebration,” Teltumbde remarked. “That wasn’t the book I wanted to write, especially today when Ambedkar’s legacy is being co-opted across the political spectrum. “But upon reflection” – he continued, explaining the prefix ‘reflective’ before the biography – “I agreed to look at him not as a god to be worshipped, but a case study. If we are to be inspired by him, we must see him as a real person.”

Surgically, Teltumbde has both de-mythified and demystified Ambedkar who was often confusing and inconsistent figure. For example, Teltumbde recounts Ambedkar, writing a book supporting Partition and the creation of Pakistan, only to retract this position in a second edition.

In this work, Ambedkar is presented not as a deity of devotion but as an important case study for the present generation to learn from. The author traced the methodology with which he evaluated the Buddha, whom he regarded as his master, to present Ambedkar’s life and legacy with a critical analysis rather than mere eulogy.

Distinctive character of Ambedkar

Teltumbde recounts that there were several leaders who worked on different issues that ailed society but these leaders directed movements by the upper castes and did not concern with the caste exploitation of the majority of their own people. This realisation gave birth to the non- Brahmin movement of Jyotiba Phule and later to Dalit movements in various provinces with varying visions and approaches.

The book unravels that after the 1930s, Ambedkar overshadowed other Dalit leaders and ovements that mushroomed across various regions, becoming the most impactful leader for Dalits, who constituted one-sixth of India’s population However, despite his stature, he was casteinto into oblivion by the ruling classes after his death. Dalits had to struggle tooth and nail to erect his statues, and it took a decade even before a marker was established at his cremation site.

Ambedkar as distinguished from other leaders, singularly characterised the caste system as the main obstacle in India’s progress and demanded its annihilation. He characterised castes as not only a social evil but also a religious evil, and spoke of dynamiting the Hindu Dharmashastras that sustained it. After realising the impossibility of this task, he concentrated on the political solution and came in confrontation with stalwarts like Mahatma Gandhi. Even in his intellectual navigation, he challenged giants like Bertrand Russell and John Maynard Keynes. It is this very rebellious attitude towards established icons and ideas that makes him an iconoclast.

The author narrates, Ambedkar’s sheer hatred for Communism in his writings, quoting his stating that Communists had disregard for the Constitution and parliamentary democracy. He is also critical of Ambedkar’s silence against the RSS and Hindu Mahasabha and concludes that his goal was to alienate Communists or Marxist thinkers.

Distorted role in authoring the Constitution

Teltumbde also recounts how Ambekar’s role as architect behind the Constitution is a myth which had to be dispelled. This was evident in Ambedkar’s sentiments in the years after the Republic was formed. “Ambedkar said he was used as a hack to get the support of the Dalits for the book, and he would be the first one to burn the constitution.”

While Ambedkar did indeed make the most significant contribution among the seven members of the Drafting Committee, it is important to understand that he was not solely responsible for writing the Constitution. TT Krishnamachari, a member of the Drafting Committee,

acknowledged in November 1948 that the “burden of drafting this [revised] constitution” fell largely on Ambedkar because other members were unable to make “substantial contributions” due to “death, illness, and other preoccupations.” Additionally, Ambedkar’s role in piloting the draft constitution is evident from the Constituent Assembly debates, where he actively defended and explained its various provisions.

Ambedkar himself expressed anger with being labelled the “architect” of the Constitution. In a debate in the Rajya Sabha on September 2, 1953, he responded to a member’s remark by saying, “I was a hack. What I was asked to do, I did much against my will… My friends tell me that I have made the Constitution. But I am quite prepared to say that I shall be the first person to burn it out. I do not want it. It does not suit anybody.”

Important historical coverage

In detail, the author unravels the pro-caste policies of Mahatma Gandhi like his stand during Poona pact, which deprived Dalits of political power. Extensive coverage given to subject of annihilation of caste. In detail, the book describes how Ambedkar located the evils of caste  system in the Vedas, Shastras and Puranas. The book traces Ambedkar’s antagonism with Hinduism in retrospect to death of Ramabai and what drew him into Buddhism. Important reference to the temple entry Satyagrahas like the one at Mahad and the struggles of untouchables in Nasik and Pune. In immaculate depth, the author navigates how and why Ambedkar resorted to taking refuge in Buddhism.

Important aspects delved into in the book are aspects from the pre-independence era when episodes of class-caste struggle are explored, electoral politics, manifesto of Independent labour party, Annihilation of caste, the Moonje factor, Ramabai, Communal award, anti-Khoti bill, Manmad conference, bills of 1937 and 1938, tryst with parliamentary democracy and backward castes are markers. There is also a detailed look at how the Round Table Conference, Cripps Mission, Gandhi-Irwin pact and second World War shaped Ambedkar’s path.

The author also recounts details around the popular Strike of the Municipal Workers Union, where Ambedkar united with the Communists. Regretfully, the Communists did not acknowledge Ambedkar or his party, the Indian Labour Party. The book narrates Ambedkar’s ’travesty with post-  independence India in ‘Taste of Swaraj.’, dealing with his reaction to the ‘Constitutional state, Tricolour, Socialism, Buddhism embracement, Hindu code bill, Scheduled ‘caste refugees, and the 1951 elections.

Inspiring the modern generation

The book unravels the historical processes crucial for the new generation who risk falling into the trap of a blind-ed devotion to Ambedkar, unable to diagnose their own condition, the factors responsible for their plight, or what hinders their movement. Iconoclast paves the way for them to revisit him with a critical perspective, a process which can shape their politics and develop strategies for the future. Vested interests have promoted Ambedkar in a way that encourages his followers to merely glorify him rather than assess his ideas critically. Ambedkar’s ideals projected without the right guidance, has bred crass opportunism by this generation which can be seen in the significant support that Dalits have extended to the BJP, which glorifies Brahmanism.

Opponent to Brahmanical fascism

Teltumbde concludes that had he lived today, Bhimrao Ambedkar would undoubtedly been a serious threat to this regime and would likely have found himself imprisoned under draconian laws like UAPA, possibly even as the co-accused in the Bhima-Koregaon case.

Teltumbde reveals how Ambedkar was head and shoulders opposed to hegemonic Brahmanism, which the current regime glorifies. No one more acutely slapped the politics of the Sangh Parivar as sharply as he did when he stated, “If Hindu Raj does become a fact, it will, no doubt, be the greatest calamity for this country.… Hindu Raj must be prevented at any cost.” Tragically, in today’s scenario calling for his symbolic reincarnation among his followers, he would find no one morally abiding with him. Even the so-called Ambedkarites would not support him for not dancing in tune with their brand of Ambedkarism.

Flaws in the book

This book does not however adequately unravel Ambedkar’s negation of revolutionary class struggles or collusion with reformism, particularly in the Workers front projecting Ambedkar as a social revolutionary, rather than a social reformer. There are no words or analysis, no criticism of how Ambekar did not give a cutting edge to the class struggles or Communist influenced movements or the glaring contradictions between Ambedkarism and Marxism.

Icon-isation of the Iconoclast

In this concluding chapter Teltumbde concludes that Ambedkar’s conflating with the struggle of an entire people is unparalleled. In history. He also asserts that the icon was plagued with his share of limitations.

Significant parts are Teltumbde’s narration of the 1953 land Satyagraha in Marathwada, which he praised for taking up issue of land to the landless. It went on to unravel the subsequent Satyagrahas in 1964-65 engulfing Punjab. Madras, Mysore, Delhi, Uttar Pradesh, Gujarat and Maharashtra. They heroically withstood attempts of the state to shatter it, with 3,50,000 people imprisoned., which was unprecedented in India. It was the turning point in Dalits asserting their right to procure a concrete share of the wealth and not be restricted within the periphery of mere socio-cultural aspirations.

He also encompasses the formation of RPI, impact of Dalit Panther movement in 1973, role of Kanshiram, the Hindutva counter revolution, individual and collective empowerment of Dalits, impact of Ambedkar’s Praxis and Cultural state of Society today.

The author reflects on how the movement Ambedkar built is in tatters, with leaders thriving on the Ambedkar cult systematically patronised by the ruling classes. They have made the Marxists and Communists their prime target, instead of the Brahminic zealots. This has origins in the anti- communist slant of Ambedkar, who spoke against Marxism and Communism. The author professes that even after seven decades, Dalits are alienated from non-Dalits, and the Ambedkarite Dalit movement, with factor of untouchability, still intact. In view of the author, Ambedkarism has been the root cause of splits within the Dalit movement, be it Dalit Panthers or RPI. The Congress by projecting Ambekar as chief mentor the Constitution, made the Dalits embrace it as a holy text.

(The author is a freelance journalist)

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]]> River Ganga, communities, cultures & livelihood: will Indians preserve its life-sustaining legacy? https://sabrangindia.in/river-ganga-communities-cultures-livelihood-will-indians-preserve-its-life-sustaining-legacy/ Wed, 20 Nov 2024 12:26:42 +0000 https://sabrangindia.in/?p=38862 The author’s simple point, addressed to the power elite is to stop destroying the identity of indigenous communities; a destruction of the Himalayas will bring unprecedented crisis to Gangetic plains in India and so, we must not do anything that escalates the crisis we already facing.

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]]> It is an honor for me to speak at the Jawahar Bhawan, dedicated to the iconic man, I did not see him but whatever that I read about him, through his writings, has made an everlasting impression on me. I would like to quote Jawahar Lal Nehru from his ‘Will’.

Nehru says,

‘My desire to have a handful of my ashes thrown into the Ganga at Allahabad has no religious significance, so far as I am concerned. I have no religious sentiment in the matter. I have been attached to the Ganga and Januna [Jumna] Rivers in Allahabad ever since my childhood and, as I have grown older, this attachment has also grown. I have watched their varying moods as the seasons changed, and have often thought of the history and myth and tradition and song and story that have become attached to them through the long ages and become part of their flowing waters. The Ganga, especially, is the river of India, beloved by her people, round which are intertwined her racial memories, her hopes and fears, her songs of triumph, her victories and her defeats. She has been a symbol of India’s age‐long culture and civilizatiton, ever changing, ever flowing, and yet ever the same Ganga. She reminds me of the snow‐covered peaks and the deep valleys of the Himalayas, which I have loved so much, and of the rich and vast plains below, where my life and work have been cast’.

My cultural association with Ganga

I was born in a place which is the confluence of two small rivers, tributaries of the Ganga (Ganges), and from where river Kho, begins its journey which is a tributary of Ram Ganga river. The first time I saw Ganga at Muni-ki-Reti and Lakshman Jhula near Rishikesh was when I was just a seven year-old child. The first sight of the Ganga mesmerised me. Then I realised how the Ganga is part and parcel of life of people in Uttarakhand.

I was perplexed to see that movement to protect Ganga did not get any public sympathy in Uttarakhand. I did not understand why a state where the Ganga is so deeply rooted in our psyche remain untouched to the atrocities being committed on it in the name of ‘development’. Was there a disconnect between people and ‘intellectuals’ or ‘experts’ as usually happens everywhere? The result of this questioning is this journey. I have tried to cover every part, every confluence that Ganga had with its tributaries and distributaries.

The Ganga in the Himalayas

I started the journey in September 2021 trekking from Gangotri to Bhojwasa on the way to Gaumukh. I traversed on my path almost all the major rivers of Uttarakhand including Yamuna, Tons, Gauriganga, Kali-Sharda etc. Prior to that, I travelled to all the Prayags and the valleys of the beautiful Dhauli Ganga, Mandakini, Nandakini, Pinder, Alaknanda and Bhagirathi. That made this journey unique. It took nearly four years and this was truly not merely a journey touching some spots only to return but an attempt to understand the crisis faced by the Ganga and its tributaries.

From Gangotri till Bay of Bengal, I saw a massive civilizational crisis emerging. If that is not addressed, we will –all–be in deep trouble. Ganga is the largest river of India and its plain is the most fertile land where farmers have flourished and millions of people depending on water, gained life and livelihood. The bio diversity of the river Ganga remains unparalleled.

Chipko Movement

In Uttarakhand, the Ganga and its tributaries face threat from various hydropower projects because they snatch the beauty of the river, control its water and impact the rich bio-diversity of the river.

A travel to Niti Valley and Lata and Raini villages,  the epicenters of the Chipko movement, gave me the idea of what is wrong with those who romanticise a movement without understanding it’s nature. The Chipko movement was the cry of the native communities for their access to forest produce which they used to enjoy prior to the Indo-China war 1962 when people had access to the Tibetan market and vice versa. There was a huge market for domestic products, forest produce etc. A large number of villagers got dislocated and all the passes to Tibet were closed. The other side of the story is that government continued with the British policy of auctioning the forests. So every year, the Symonds company would obtain the forest produce, chop the trees mercilessly and take them out of the state. Gaura Devi and her Saathis protested against this in Raini and threw the contractors out. This was welcomed by all in Uttarakhand and the movement gained prominence. H.N Bahuguna, the chief minister, called some of the ‘activists’, mostly the Brahmanical elite, to Lucknow for a conversation. The auctioning to ‘privates’ was stopped by a new entity (boss) was created which was the ‘Uttar Pradesh Van Nigam’. This made the lives of the people even more miserable. While many people got name and fame internationally, the native (indigenous) people fighting had to resort to ‘Chheeno Jhapto’ movement to gain the access to forest. H N Bahuguna therefore emerged as the biggest villain of the piece who actually looked down upon this movement and tried to sabotage it.

The problem with the intellectuals and their devotees in the media is that they ignored that the essence of the movement that was essentially led by Adivasis-janjati people. The history of the Chipko movement is that of those people, the Bhutiyas and others but their issues and role were conspicuously obliterated from the popular discourse. The movement was superficially romanticised as a ‘protection of trees and ‘environment’. World over, it is the indigenous communities who are dependant on forests and it is they who nurture it. No community would ever nurture mountains and rivers without using the resources. This needs to be understood. That the relationship between native communities and nature is their interdependence; this issue was grossly ignored and underestimated by the environmental elite.

Ganga and its various tributaries shine through Uttarakhand. The confluences of different rivers are unparalleled and stunning. Sadly however this will all disappear once different barrages and dams that are proposed actually start functioning. There was a beautiful Sangam of Bhilangana with Bhagirathi at Tehri which is not visible now. There is a beautiful Sangam of river Gori with Kali at Joljibi in Pithoragarh. If the Pancheswar dams comes through, then some of these beautiful places and confluences will disappear. The Sangam of Rupin and Supin river at Netwar in Uttarakhand which start the journey of Tons is supremely beautiful but a dam near the confluence is bound to finish them off. Nobody can deny the importance of energy but we also need to think that the Himalayas and its rivers are not merely our ‘resource’ but also our heritage, our identity particularly for the people living in these regions. So, my simple point to the power elite is stop destroying our identity. A destruction of the Himalayas will bring unprecedented crisis to Gangetic plains in India and so, we must not do anything that escalates the crisis we already facing.

The crisis in the Gangetic plains of Uttar Pradesh

The Gangetic plains of Uttar Pradesh will suffer in future with acute desertification. The Ganga loses its shine once it enters Balawali, Bijnor district. Travel to this region and onward during the summer, and you will realise how the Ganga water has drastically reduced and agricultural land and green pastures have been converted into a desert. Already. Water at Garhmukteshwar remain merely for the rituals and the pollution is increasing exponentially. By the time, it reaches Kannauj and has its first confluence with Ramganga, you can walk through the river Ramganga. Reaching the confluence has been difficult because of changing embankment of the river. A local farmer told me at the confluence that it is not the ‘kheti (farming) but ‘reti’ (sand mining) which is rampant and ‘source’ of earning for even the farmers. This reflects the sad state of the crisis.

A few kilometers onwards, we are at historic place Bithoor which is now more known as a ‘religious’ place and to ensure that magnetism of religion. Suddenly, you really feel wonderful to see ‘water’ in the river. A couple of boats are visible and again we see the beauty of the river Ganga but our fear are confirmed. About seven kilometers from Bithoor is the Ganga Barrage on the Kanpur Unnao border. While there is enough water to quench your religious thirst at Bithoor, at Kanpur the river looks dry with huge sand beds on both banks. You won’t be able to recognise the river from the original embankments. Moreover, Kanpur which is called the Manchester of the East, is actually, contributing a huge quantity of ‘sewage’ water to Ganga making it look like the Sewage tributary of the Ganga. The river stinks on the ghats. It is very disturbing to see that ‘Ghats’ that have been constructed with money from the ‘Namami Gange’ project but no efforts are visible to improve the plight of the holy river. All it reflects that we want to worship the river from a nice built-up place of concrete but don’t really care about the existential crisis that the river is facing.

The patch between Allahabad and Varanasi via Vindhyanchal is beautiful and water less contaminated perhaps because of the Yamuna which is bigger in Allahabad and carries more water from Chambal in it which is definitely an unpolluted river. At Varanasi, however, we see the devastating pollution in the river. We are told that two ‘rivers’ flow into Ganga in Varanasi, the Assi Ganga and Varuna.  A visit to the ‘confluence’ of them only reveals the pathetic hypocrisy of those who call them ‘rivers. They have been turned into absolute sewage ‘rivers’, and further pollute the Ganga.

Ganga at Varanasi

At Varanasi the Mahaarti has been commercialised. It has become a ‘light and sound show’ with no real spiritual power which it used to emit once upon a time. Big moneyed people use the trawlers and cruise to watch the spectacle while the normal, common humans have to pay huge sum to watch it from the back. It was definitely a sad scenario.

Between Varanasi to the Gomti Ganga Sangam is again a pathetic sight. There is no water in the Gomti and it is much polluted river. There are lots of birds on the island zones in the Sangam. Ganga’s entry into Bihar is via Buxar and just a few kilometers before the city is Chausa, a historic town where Sher Shah Suri’s forces had defeated Humanyun. The so-called memorial is nothing but a ‘selfie park’. All memorial and historical places are carefully being converted into amusement parks everywhere and mythological characters are being re-created as historical figures and events. Again, the Karmnasha-Ganga confluence shows the terrible state of agriculture in the region. I was there during the deadly heat of June and the Karmnasha looked like a dry stream flowing into Ganga. Agricultural land showed sign of ‘cracks’ even when we would see numerous birds chirping near the confluence. Sewage continues to flow into the river in Buxar too.

Massive sand mining in Bihar

But the biggest challenge, I saw on our rivers was at a historic place called Chirand in Saran district where the Ghadhra and Son[1] rivers flow into the Ganga. The confluence zone has shifted a few kilometers again. From Revelganj to Chirand, on the National High way, a huge smoke of dust welcomes you apart from huge lane of big trucks used for carrying Sand. On the banks of river Ghaghara, which local call Saryu, you can see hundreds of cargo streamers used for carrying sand from the river. Any person who is not habitual of staying in these zones, would just collapse as breathing become impossible. The Red Sand from river Son is the most popular. It is also a fact that Sand mafia has political protection. It is time for sensitization of people as well as stricter environmental norms imposed otherwise this region too wait for a catastrophe. Similar conditions can be seen around Hariharpur Sonpur area where Ganga and Narayani Gandaki conflate. Sonepur was famous for the cattle fair but that is a thing of past now. It is merely a fair which is more as a recreational ‘time pass’ for the locals and others who visit the famous shrine at Hariharpur.

The river Ganga in Patna looks polluted. Patna itself is a polluted city. From there until Munger, we can see the Ganga splitting at various places and huge sandy river beds everywhere. The summer in these regions are extremely difficult with massive dust in the air. Most of the agricultural land is turning barren. Water level in the river is reducing drastically resulting in the extension of its breadth and creation of the sandy patches or islands in between. You can see huge bridges across Ganga but the river looks tiny. The only time it does look like a river is in the monsoon season. Mokama, Begusarai and Khagaria present an abysmal picture but the biggest shock was at Kosi Ganga Sangam which is difficult to reach due to the river bed turning sandy. To reach to the area is difficult. On a normal winter or summer day, the water at the confluence is extremely low and the river looks dirty too. Again, the breadth of the river increases. However, from Manihari in Katihar to Sahebganj, a trip on a cargo Ship is a worthwhile memory to stack away though it is difficult to cruise because of low water levels. But this will work till the bridge connecting Sahebganj and Manihari is completed.

Historical Rajmahal

However, the most fascinating part of the river Ganga (Ganges) in Bihar is in South Bihar. From Munger –which itself is a historical place—the old fort area is totally encroached upon and you will see no effort to preserve the historical architecture and buildings. The river from Munger to Bhagalpur and Kahalganon is phenomenal. It is a breathless treat to watch. It looks less polluted and is called ‘Uttar Vahini’ at Sultanganj where the historical Ajgaibinath temple is located. Bhagalpur is an extremely important location where enough evidence exits of our Buddhist, Adivasi and Jain past. There are historical places. The most beautiful region is Kahalgaon and Vikramshila. It has been reported that the entire area from Sultanganj to Kahalgaon, has been declared by the Bihar government as a ‘Dolphine Sanctury’. The fisherfolks are protesting against it as they lose their right to fishing. The Ganga Mukti Abhiyan started from this place fighting against the Zamindari on water and finally Lalu Prasad Yadav as chief minister of Bihar ended that cruel system imposed during the British period that looted the fisher communities of the region but the lives of the fish workers are not safe. Zamindari has gone but Rangdari has started. People still live in fear.

Sahebganj is the only Ganga district in Jharkhand. The Ganga here as a massive presence between Manihari to Sahebganj. There is an international port and a domestic one, possibly one that is under-utilised. The water level is still not that much which can ensure an easy passage. Secondly, the Ganga splits more in Jharkhand. Various streams split up and join again. The most important place of Ganga journey in Jharkhand is Raj Mahal, a very historical place, former capital of undivided Bengal under the Mughal King Akbar era. Raja Man Singh was made the Viceroy of Bengal and it is he who established Rajmahal as the capital of the state. It still has few landmarks like Jami Mosque, Baradari and many other places which still need deep care as they remind of our rich historical legacies.

Between Raj Mahal and Farakka, the Gumani river rising from the Raj Mahal hills ultimately merges with the Ganga and then moves towards Farakka. The link road between Rajmahal and Farakka is in extremely bad shape in the last 10 kilometers perhaps because it is the area of coal mining and thermal power plant. Again, the air is filled with dust and smoke most of the time in nearly 10 kilometers area. One can just imagine the lives of people during the summers here.

The one point on which the fisherfolk from three states, Uttar Pradesh, Bihar, Jharkhand unit is on the issue of Farakka Barrage. They want this barrage de-commissioned as it has damaged the fish diversity in the river above Farakka. Hilsa is not available to fisherfolk in UP, Bihar and Jharkhand. After Farakka, fisherfolk claim that they do manage to harvest the fish but due to the closure of gates at the barrage, Hilsa and other fish can’t move back. Many farmers too reflected that due to the existence of a barrage, a large part of land in Jharkhand and Bengal face flooding in monsoon. The impact of Monsoon floods is tremendous in Bihar and Bengal and governments have so far not been able to reach to any particular conclusion or solution so that human lives or agricultural land is not lost. Every year, the soil erosion has already engulfed thousands of acres of land and made people landless. It is time for a serious think over –and concerted response to–these issues and protect our communities, farmers, fish workers and others living nearby the river.

Ganga in Bengal: Rise of Bhagirathi

The journey of the mighty Ganges (Ganga) in Bengal is extremely important to understand the issue of climate change. The split in the rivers become the norm. Right from Nimtitta town, the Ganges becomes wider and splits into two parts. The river flows towards Bangladesh and is known as Padma there while the second part of the river again splits at Giria and is known as Bhagirathi which then travels to different districts from Murshidabad, Plassey, Nabadweep where again Jalangi meet it and the new river is now known as the Hooghly. The interesting part is that there are towns on both sides of the Hooghly. There is history. Nabadweep is the birth place of Chaitnya Mahaprabhu. After passing through many places the Hooghly ultimately flows into Bay of Bengal in the Sundarban region. The place where it merges into the sea is known as Ganga Sagar but Sagar Dweep itself has numerous issues of climate crisis. Many villages have disappeared and many might disappear in future as the water level of the sea is rising regularly.

To conclude, I would say, preserving Ganga is extremely important for the health of India as it emerges from Himalayas and finally flows into the Bay of Bengal near the Sundarban. Both the Himalayas and Sundarban are world heritage sites. The impact of climate change is acutely visible in both these places. The question is whether the so-called climate change is a natural process or a human-made disaster. The number of commercial activities in the Himalayas as well as in Sundarban are bound to impact all of us.

We need to think out of the box but certainly not to convert the entire issue of Ganga and climate change to one merely concerning ‘experts. It is time, we engage and involve the local communities, fishermen, farmers and other native communities who are inter-dependant on the river and its surroundings as without their active participation in any debate or decision-making processes, we won’t be able to achieve anything meaningful.

‘Save the Ganga’ slogan means protecting and preserving Himalayas and Sundarbans apart from all the big and small rivers and large riverine area that makes up the mighty Ganga.

(This is the text of the talk delivered at Jawahar Bhawan, New Delhi, on November 18, 2024, was organised by Rajiv Gandhi Institute for Contemporary Studies)

 

[1] Ghaghra and Son are the tributaries of river Ganga. Ghaghara is a 1080 km long river that originates from Mapchachungo Glacier in Tibet. It flows through Tibet, Nepal, and India where it joins river Ganga near Chhapra, Bihar.

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The post River Ganga, communities, cultures & livelihood: will Indians preserve its life-sustaining legacy? appeared first on SabrangIndia.

]]> UP by-elections: Reports of serious disturbances and disruption of voters https://sabrangindia.in/up-by-elections-reports-of-serious-disturbances-and-disruption-of-voters/ Wed, 20 Nov 2024 10:31:14 +0000 https://sabrangindia.in/?p=38855 The Samajwadi Party has accused police of deterring voters in Uttar Pradesh, with visuals showing Muslim voters in Meerapur and Kundarki assembly constituencies refusing to cast their ballots despite having valid ID cards and slips. Police reportedly verified voting slips and IDs, sparking protest and voting malpractices; the Kanpur Police Commissionerate has suspended officers who obstructed voters through unwarranted ID checks; similarly the SP Moradabad also informed the public through social media that action has been taken against errant officers

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]]> By-elections for 15 assembly constituencies across Uttar Pradesh, Punjab, Kerala, and Uttarakhand are underway, with reports and allegations of serious voter suppression coming in from several locations in Uttar Pradesh. In the Meerapur Assembly constituency, the Samajwadi Party (SP) has accused police officers of obstructing voters, particularly Muslim voters in Muzaffarnagar, from casting their ballots despite valid ID cards and voting slips. Voters were allegedly also beaten up! Multiple videos have surfaced showing voters being denied entry to polling booths by the UP police.

SP chief Akhilesh Yadav shared footage of police misbehaving with voters at booth 318. In the Kundarki constituency, SP candidate Hazi Rizwan lodged complaints of police misconduct, alleging voter intimidation and physical assault on polling agents. Additionally, voters in Kanpur’s Sisamau Assembly constituency reported being forcibly stopped by police.

In response to the Yadav’s X post and allegation sparked surfaced on social media against the Police personnel, Police Commissionerate Kanpur Naga informed Akhilesh Yadav around 1 p.m. that, “The tweet has been acknowledged. The concerned sub-inspectors have been suspended, and all personnel have been instructed to ensure full compliance with the election process.”

 

Interestingly, the alert and assertive behaviour by the opposition Samajwadi Party also drew a similar response from the Moradabad Police

Meerapur Assembly Constituency (UP)

At 9:22 AM on Wednesday, the Samajwadi Party (SP) raised serious concerns regarding the ongoing by-polls in Uttar Pradesh’s Muzaffarnagar district, specifically in the Meerapur Assembly Constituency. Through its official X (formerly Twitter) handle, the party claimed that police officers were obstructing voters at booths 178 and 179 in Kithoda, within the Meerapur assembly constituency. According to the party, voters were being prevented from casting their ballots, despite having valid voting slips and ID cards.

The party called on the Election Commission to intervene, urging it to take immediate action to ensure a free and fair voting process. The allegations add to growing concerns of electoral irregularities as voting continues in the region.

However, multiple videos circulating on the social media platform X show that Muslim voters were and are being prevented from casting their votes. In the footage, voters can be seen holding their voting slips and ID cards, but police personnel are reportedly blocking their access to the polling booths.

 

SP Kundarki candidate Moh. Rizwan confronts police over voter checks

In Kundarki, Uttar Pradesh, Samajwadi Party candidate Hazi Rizwan confronted police officers who were checking voter IDs and slips at a barricade near a polling booth. Rizwan also lodged a complaint with the Election Commission, alleging police misconduct, including assaulting polling agents and obstructing voters, particularly in Milak Sikri.

 

Rizwan also complained to the Election Commission of India (ECI), alleging that police personnel are physically assaulting their polling agents in the area. The candidate claims that the police’s actions are aimed at disrupting the election process and intimidating the party’s agents during the polling.

 

 

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A post shared by Haji Mohd Rizwan (@mohdrizwanmla)

SP candidate Rizwan has raised the allegations of police misconduct during the ongoing by-polls, particularly at village Milak Sikri, where polling booths 306 and 307 in the Kundarki assembly constituency are located.

 

 

View this post on Instagram

 

A post shared by Haji Mohd Rizwan (@mohdrizwanmla)

Shockingly, voters in Kundarki have alleged that polling booth officials are asking them which party they voted for. Those pressing the Samajwadi Party’s cycle button claim they are being treated rudely by the administration and, in some cases, are being denied the right to vote altogether.

 

Rizwan claimed that SP supporters and other voters were subjected to extreme police atrocities, with reports of intimidation and obstruction. According to the candidate, the local administration was actively preventing and threatening Samajwadi Party supporters from exercising their right to vote.

 

 

View this post on Instagram

 

A post shared by Haji Mohd Rizwan (@mohdrizwanmla)

 

Sishamau Assembly Constituency (UP)

Also, reports from Kanpur’s Sishamau Assembly constituency, particularly in Chamnaganj Ward 107, alleged that voters are being forcibly prevented by the police and administration from casting their votes.

 

SP Chief Akhilesh Yadav questions ECI over the allegation

SP Chief and MP Akhilesh Yadav strongly criticised the Election Commission (ECI) for its failure to prevent electoral irregularities during the ongoing by-elections. He demanded that the ECI ensure that the administration does not discourage voters. He emphasised that if the Election Commission truly exists to uphold democratic processes, it should intervene immediately to prevent the police from unnecessarily checking voter IDs, blocking roads, or seizing voter IDs. He expressed concern about voters being threatened with jail for possessing legitimate IDs, calling such actions an act of intimidation aimed at suppressing votes.

Yadav further criticized the slowdown of the voting process and urged the ECI to take immediate action to speed up the process, extend voting hours if necessary, and prevent the waste of voters’ time. He condemned the administration for not staying neutral and representing the government’s power, instead acting in favour of certain parties. He also demanded that real-time action be taken against corrupt officials, ensuring that any electoral malpractice captured on video is addressed swiftly.

 

Kanpur Commissionerate orders suspension of police personnel who stopped voters

In response to the Yadav’s X post and allegation sparked surfaced on social media against the Police personnel, Police Commissionerate Kanpur Naga informed the Akhilesh Yadav that, “The tweet has been acknowledged. The concerned sub-inspectors have been suspended, and all personnel have been instructed to ensure full compliance with the election process.”

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Vote for Democracy (VFD) releases report on the conduct of General Election 2024

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ECI faces ire over lack of transparency and discrepancy in poll data, the poll body dismisses the allegations in a detailed response

The post UP by-elections: Reports of serious disturbances and disruption of voters appeared first on SabrangIndia.

]]> Victory for Sahid Ali: CJP’s legal battle brings relief in Ali’s citizenship crisis, bail granted by High Court https://sabrangindia.in/victory-for-sahid-ali-cjps-legal-battle-brings-relief-in-alis-citizenship-crisis-bail-granted-by-high-court/ Wed, 20 Nov 2024 08:24:39 +0000 https://sabrangindia.in/?p=38850 While the bail is a temporary relief, it represents a major step in securing Sahid Ali’s full legal recognition as a citizen, with CJP committed to ensuring to help all those in Assam who face similar struggles in proving their rightful identity and citizenship

The post Victory for Sahid Ali: CJP’s legal battle brings relief in Ali’s citizenship crisis, bail granted by High Court appeared first on SabrangIndia.

]]> In a significant victory for justice and human rights, the Gauhati High Court has granted bail to Sahid Ali, a resident of Bagheswar village in Assam, who had been declared a foreigner by the Foreigners’ Tribunal (FT) in Darrang district. The said grant of bail to Sahid Ali by the Gauhati High Court has drawn attention to the plight of individuals in Assam who are unjustly labeled as foreigners. Sahid, a lifelong resident of the state with ancestral ties dating back generations, found himself declared a foreigner by the Foreigners’ Tribunal despite possessing substantial evidence of his Indian citizenship. This decision not only disrupted his life but also highlighted systemic flaws in the processes that determine citizenship in the region. His case underscores the pressing need for fairness and accountability in addressing such disputes.

Sahid’s story is emblematic of the struggles faced by many in Assam, where allegations of being a foreigner often arise from cursory investigations and inadequate verification of records. For Sahid, the intervention of Citizens for Justice and Peace (CJP), a human rights organisation, proved to be a lifeline. Their relentless advocacy and legal support not only secured his release but also brought hope to others fighting similar battles. This case sheds light on the human cost of flawed systems and the power of collective efforts in ensuring justice and restoring dignity.

Sahid Ali’s ordeal: a citizen branded a foreigner  

Sahid Ali, also known as Shwahid Ali, has lived his entire life in Assam, a state his family has called home for generations. Born and raised in Tupar village under Nagarbera Mouza, Boko police station in Kamrup district, Sahid’s citizenship seemed unquestionable. His grandfather, Jasim Mundal, possessed land records from 1957-64, and his name was also listed in the 1966 voter list. Furthermore, Sahid’s father, Basir Ali (also known as Bashiruddin Ali), appeared on the 1971 voter list for Tupamari village under Nagarbera Mouza.  

Despite this strong documentary evidence, Sahid found himself ensnared in a legal battle when he was accused of being a foreigner by the Assam government. The case against Sahid Ali was initiated by the Superintendent of Police (Border), Darrang, based on allegations of foreign nationality, without conducting proper verification. This led the Foreigners’ Tribunal (FT) to register a case against him and issue a notice, further intensifying his ordeal. Notably, Sahid’s family had been actively participating in the electoral process, casting their votes in the village of Fuhuratali under the No. 66 Sipajhar Legislative Assembly Constituency, a fact that should have supported his claim of Indian citizenship.

Sahid’s grandfather, Jasim Mundal, possessed certified land records from village Tupamari in Pachim Samariya Mouza, dating back to 1957-64 (Dag No. 580 New, Dag No. 480 Old). These documents, coupled with Sahid’s other evidence, clearly demonstrated his citizenship. However, on September 29, 2023, the Darrang Tribunal declared him a foreigner. This decision turned Sahid’s life upside down, leaving him in constant fear and severely impacting his health. With the looming threat of detention in a camp, Sahid faced an unimaginable future filled with uncertainty and despair.

The struggles following the Tribunal’s decision  

The tribunal’s ruling shattered Sahid Ali and his family, plunging them into a nightmare of uncertainty and despair. Despite possessing substantial documentary evidence that firmly established his Indian citizenship—documents spanning generations that tied his family to Assam—Sahid was declared a foreigner. The tribunal’s decision not only stripped him of his identity but also left him facing the grim prospect of being sent to a detention camp, a fate that loomed like a dark shadow over his life. The thought of losing his freedom and being confined to such a camp deeply affected his mental well-being, causing his health to deteriorate as he struggled with relentless fear and anxiety. For Sahid, every passing day was marked by anguish and a sense of helplessness.  

Just as Sahid’s hopes seemed to be slipping away, a ray of hope emerged in the form of the CJP Assam legal team. Senior legal member Advocate Mrinmay Dutta, recognising the glaring injustice, took up Sahid’s case with determination and compassion. Filing a petition in the Gauhati High Court, Dutta contested the tribunal’s ruling and sought to overturn the judgment that had upended Sahid’s life. This intervention not only brought hope to Sahid but also shed light on the broader systemic failures that plague many similar cases in Assam. Allegations of being a foreigner often arise from flawed investigations and cursory scrutiny of documents, leaving countless individuals like Sahid to bear the brunt of administrative oversight. His case is a stark reminder of the immense human suffering caused by these failings and the urgent need for fairness and due diligence in such matters.  

CJP steps in- a fight for justice  

Recognising the glaring injustice in Sahid Ali’s case, the legal team from CJP, under the leadership of Senior Advocate Mrinmay Dutta, stepped in to provide crucial support. With unwavering dedication, they challenged the Foreigners’ Tribunal’s decision by filing a petition in the Gauhati High Court. Building a strong case grounded in documentary evidence—records spanning decades and proving Sahid’s Indian citizenship—they sought to overturn the ruling that had upended his life. Their efforts bore fruit when, on November 6, 2024, the High Court granted Sahid bail. This decision brought a wave of relief to Sahid and his family, marking a turning point in their ordeal and reaffirming their faith in the judicial system.  

However, the battle was far from over. Securing bail was just the beginning of yet another formidable challenge—finding a bailor and completing the procedural formalities within a rigid timeline of ten days. Despite the urgency and limited time, the team at CJP demonstrated remarkable resolve. When their search for a bailor initially yielded no results, the organisation’s Darrang District Volunteer Motivator (DVM), Joinal Abedin, took it upon himself to ensure justice prevailed. Stepping forward as the bailor, Joinal’s selfless act underscored the essence of solidarity and commitment within the CJP team. His gesture not only expedited the process but also highlighted the collective effort required to combat systemic injustices. This critical milestone ensured that Sahid’s bail bond was submitted on time, symbolising hope and resilience in the face of adversity.  

Formalities completed; freedom restored  

On 13 November 2024, CJP’s Assam state in-charge, Nanda Ghosh, accompanied by Darrang DVM Joinal Abedin and Sahid Ali, submitted the bail bond at the Border Branch of Darrang. This crucial step marked significant progress in Sahid’s case. The following day, the formalities were completed at the local Border Branch under the Sipajhar police station, bringing a sense of closure to a process fraught with hurdles and urgency. The dedication and efficiency demonstrated by CJP’s team ensured that Sahid’s release was not delayed further, a testament to their commitment to justice and humanity.  

When Sahid learned that his bail had been granted, his emotions overflowed with gratitude. “Now at least I can go out freely and work to feed my family. It’s because of you (CJP) that this became possible. Thank you, thank you so much,” he said, his voice trembling with relief and hope. These heartfelt words revealed the profound weight of the ordeal he had endured. Stripped of his identity, living under the constant threat of detention, and fearing for his family’s future, Sahid had been pushed to the brink. For him, the High Court’s decision was not merely legal relief—it was a lifeline, restoring a sense of dignity and freedom he thought he had lost forever.  

However, the grant of bail is only a temporary reprieve. The fight to secure Sahid’s citizenship remains a daunting challenge. CJP has pledged to continue supporting him, determined to ensure that his identity as a legitimate Indian citizen is restored. This commitment extends beyond Sahid’s case, reflecting CJP’s unwavering resolve to stand by all those who face similar injustices. Their efforts underscore the critical need for systemic reforms to address the deeply flawed processes that brand individuals as foreigners, often without fair scrutiny or due process.  

Sahid’s story is a microcosm of the broader crisis in Assam, where countless individuals are trapped in a web of suspicion and procedural failures. Despite having lived in India for generations, many are unjustly accused of being foreigners, with devastating consequences for their lives and livelihoods. His ordeal highlights the human cost of these systemic flaws, exposing the urgent need for a fair, transparent, and humane approach to resolving citizenship disputes. Sahid’s resilience, combined with the steadfast efforts of CJP, serves as a powerful reminder that justice is not a privilege—it is a right, and it must be accessible to all, especially the most vulnerable.

A testament to perseverance and advocacy  

Sahid’s journey, from being unjustly branded a foreigner to finally securing bail, is a profound testament to the strength and resilience of individuals fighting for justice in a system that often fails to protect the most vulnerable. For Sahid, the process was not just a legal battle; it was a deeply personal fight for his dignity, his identity, and his right to live as a citizen in the land of his ancestors. The terror of being labelled an outsider, despite generations of living in Assam, compounded by the looming threat of detention, created a reality where every moment was filled with uncertainty and fear. Yet, throughout this tumultuous ordeal, Sahid’s perseverance and determination to prove his rightful place in India never wavered. 

Behind Sahid’s victory stands the unwavering support of organisations like CJP, whose commitment to social justice and human rights played a pivotal role in challenging the flawed system that nearly robbed him of his citizenship. The collective advocacy, led by CJP’s legal team, helped bring the necessary legal pressure to secure his temporary relief. This victory, however, is not just about one man’s case—it represents a broader fight for fairness, dignity, and the recognition of rights for all individuals, particularly those marginalised by systemic failures. CJP’s work underscores the critical role that organisations committed to social justice play in challenging injustice and empowering individuals to reclaim their lives and rights.  

As Sahid begins to breathe easier with his newfound freedom, his story is a powerful reminder of the importance of safeguarding the fundamental rights of every individual, especially those whose voices are most often silenced. His case illustrates the vulnerability of individuals caught in a web of bureaucratic oversight and legal ambiguities, and how vital it is for society to rise to their defence. For Sahid, the road ahead is still fraught with challenges, but the grant of bail represents a significant first step in a long and arduous journey towards reclaiming his full rights as an Indian citizen. His story is a call to action—to ensure that no one, regardless of their background or status, is denied justice or the fundamental right to live free from fear. It is a powerful reminder that, no matter how insurmountable the odds may seem, justice must always prevail, and the fight for it is worth every step.

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The post Victory for Sahid Ali: CJP’s legal battle brings relief in Ali’s citizenship crisis, bail granted by High Court appeared first on SabrangIndia.

]]> Rajasthan HC finds no caste intent in words like ‘Bhangi’, ‘Neech’, ‘Bhikhari’, ‘Mangani’, drops SC/ST Act charges https://sabrangindia.in/rajasthan-hc-finds-no-caste-intent-in-words-like-bhangi-neech-bhikhari-mangani-drops-sc-st-act-charges/ Wed, 20 Nov 2024 06:32:51 +0000 https://sabrangindia.in/?p=38846 Absence of ‘public view’ and caste intent cited as reasons for dismissal of SC/ST charges by Rajasthan High Court in 2011 encroachment dispute, raising concerns over dilution of SC/ST Act’s purpose

The post Rajasthan HC finds no caste intent in words like ‘Bhangi’, ‘Neech’, ‘Bhikhari’, ‘Mangani’, drops SC/ST Act charges appeared first on SabrangIndia.

]]> In a contentious judgment, the Jodhpur Bench of the Rajasthan High Court discharged four individuals accused under the Schedule Caste/Schedule Tribe (Prevention of Atrocities) Act, 1989, for allegedly using derogatory terms with casteist undertones during a confrontation with public officials. Justice Birendra Kumar, in a judgment delivered on November 12, 2024, stated that the words used—”Bhangi,” “Neech,” “Bhikhari,” and “Mangani“—were not caste-specific, and there was no evidence the accused knew the caste of the complainants. While the court allowed criminal prosecution for obstructing public servants under Sections 353 and 332 of the Indian Penal Code to proceed, its interpretation of the SC/ST Act raises critical questions about justice for caste-based discrimination.  

This judgment demonstrates a narrowing of the SC/ST Act’s scope, potentially setting a dangerous precedent that could weaken its protective intent.  

The incident and the court’s findings  

According to the prosecution, on January 21, 2011, the second respondent, accompanied by other officials, visited a site to identify encroachments allegedly made by petitioner No. 1, Achal Singh, on public land. During the site measurement, the petitioners reportedly objected to the process and allegedly hurled abusive terms such as “Bhangi,” “Neech,” “Bhikhari,” and “Mangani” at the informant and others. They were also accused of committing physical assault.

“In the case on hand as referred above, the words used were not caste name nor there is allegation that the petitioners were known to the caste of the public servants, who had gone to remove the encroachments. Moreover, it is crystal clear on bare perusal of allegation that the petitioners were not intending to humiliate the…persons for the reason that they were members of Schedule Caste and Schedule Tribes rather act of the petitioners was in protest against the action of measurements being wrongly done by the public servants“. (Para 12)

Following an investigation, the police determined that the allegations were unfounded and submitted a negative report. However, upon the filing of a Protest Petition, the court took cognisance of the matter, and charges were subsequently framed against the petitioners.

The court, however, found the evidence insufficient to sustain these charges. Justice Kumar noted, “The words used were not caste name[s], nor is there [an] allegation that the petitioners were known to the caste of the public servants.” The court emphasised that the police investigation had already dismissed the allegations as untrue, with no independent witnesses to corroborate the complainant’s account. Furthermore, the court observed that the altercation arose from the accused’s dissatisfaction with the officials’ actions and not from caste-based animosity.  

“Learned counsel contends that there is no iota of evidence that the petitioners had knowledge about the caste of the informant and others. There is no material that the incident took place in the public view. Only the prosecution party are witnesses of the incident. Learned counsel next contends that it is a case of flagrant abuse of the provisions of law because the incident did not take place for the reason that petitioners were intending to humiliate the informant and others for their being members of the Scheduled Caste or Scheduled Tribes rather the incident took place for unfair measurements to decide any encroachment allegedly made by the petitioners.” (Para 8)

The decision also drew upon the Supreme Court’s precedent in Ramesh Chandra Vaishya v. State of Uttar Pradesh & Anr., where similar charges were dismissed due to the absence of public witnesses and the lack of direct caste references. The court ruled that the essential ingredients of intent to humiliate and public view, as required by the SC/ST Act, were not met in this case.  

The role of intent and context in caste-based abuse  

Central to the court’s judgment was its reliance on the absence of intent to humiliate the complainant based on caste. The accused contended that their frustration with alleged procedural irregularities in land measurement led to the altercation, and the court accepted this explanation. However, this approach fails to account for the socio-cultural significance of the language used.  

Terms like “Bhangi” and “Neech,” though not explicit caste names, are loaded with casteist connotations and have historically been used to demean and marginalise Dalits. Their use in any context perpetuates caste hierarchies and reinforces systemic discrimination, regardless of the alleged intent. By focusing narrowly on the intent of the accused, the court overlooked the broader impact of such language on the complainant’s dignity and the collective trauma of marginalised communities.  

This reasoning risks creating a dangerous precedent, where the use of casteist slurs may be excused as long as intent cannot be conclusively proven. Such an interpretation undermines the SC/ST Act’s purpose of addressing the structural and often covert nature of caste oppression.  

Narrow interpretation of “Public View”  

Another critical aspect of the judgment was its reliance on the absence of independent witnesses to dismiss the charges. The court interpreted the SC/ST Act’s requirement of “public view” to mean that the incident must have been witnessed by uninvolved third parties. Justice Kumar noted, “Only the informant and its officials are witnesses of the incident; no independent witness has turned up to support [the claims].”  

This interpretation reflects a restrictive and problematic view of public view. Many acts of caste-based abuse occur in semi-public spaces, where independent witnesses may be unwilling to come forward due to fear of retaliation or societal pressures. In such contexts, requiring independent corroboration places an unfair evidentiary burden on the victim, discouraging them from seeking justice.  

The problematic role of police investigations  

The court’s heavy reliance on the findings of the police investigation raises further concerns. The police had earlier dismissed the allegations as baseless, but their report was challenged by the complainant, leading to charges being framed. Justice Kumar’s acceptance of the police report as conclusive evidence overlooks systemic issues within law enforcement, where caste-based atrocities are often underreported or trivialised.  

The SC/ST Act was enacted precisely because of the entrenched biases within the criminal justice system, which often fail to address the grievances of marginalised communities. By leaning heavily on the police investigation without critically examining its methodology or potential biases, the court risked undermining the Act’s protective framework.  

Implications for the SC/ST Act  

The dismissal of charges under the SC/ST Act in this case reflects a broader trend of judicial interpretations narrowing the scope of the law. While the Act was designed to protect vulnerable communities from systemic discrimination, judgments like this one demonstrate how procedural hurdles and technicalities can erode its efficacy.  

By focusing on the absence of intent and public witnesses, the court’s decision risks emboldening those who perpetuate casteist behaviour. It also sends a discouraging message to victims, who may perceive the legal system as being indifferent to their lived experiences of discrimination.  

At a time when caste-based atrocities are on the rise, as evidenced by increasing reports from across India, the SC/ST Act’s robust enforcement is critical. Diluting its provisions through narrow interpretations not only weakens its deterrent effect but also undermines the broader fight for social justice and equality.  

The judgment underscores the urgent need for a more contextual and empathetic approach to cases involving caste-based discrimination. While procedural safeguards are necessary to ensure fairness, they should not come at the cost of justice for victims of systemic oppression. Courts must recognise that casteist abuse often occurs in subtle and insidious ways that do not always align neatly with rigid legal definitions.  

A broader interpretation of terms like “public view” and a more nuanced understanding of the socio-cultural impact of casteist language would better serve the SC/ST Act’s intent. Such an approach would not only uphold the law’s protective spirit but also affirm the judiciary’s commitment to safeguarding the dignity and rights of marginalised communities.  

In conclusion, while the Rajasthan High Court’s judgment raises troubling questions about its implications for caste justice. Moving forward, it is imperative that courts adopt a more comprehensive framework that balances procedural integrity with the broader goals of equality and social justice. Only then can the SC/ST Act remain a meaningful tool in the fight against caste-based atrocities.  

The complete judgment can be read here:

Download PDF

 

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]]> Material resources may include private property but with caveats says says SC in 8:1 majority ruling; Justice Sudhanshu Dhulia Dissents https://sabrangindia.in/material-resources-may-include-private-property-but-with-caveats-says-says-sc-in-81-majority-ruling-justice-sudhanshu-dhulia-dissents/ Tue, 19 Nov 2024 08:09:52 +0000 https://sabrangindia.in/?p=38840 The majority recent decision in Property Owners Association v. State of Maharashtra could limit state power especially in the realms of taking over property of the individual

The post Material resources may include private property but with caveats says says SC in 8:1 majority ruling; Justice Sudhanshu Dhulia Dissents appeared first on SabrangIndia.

]]> This case note examines the landmark ruling in Property Owners Association v. State of Maharashtra, decided by a nine-judge bench of the Indian Supreme Court on November 5, 2024.[1] The case concerned the scope of the state’s power to acquire private property under Article 39(b) of the Constitution, particularly the meaning of the expression ‘material resources of the community’ as said in Article 39(b) of the Indian Constitution.

The case arose from challenges to Chapter VIIIA of the Maharashtra Housing and Area Development Act of 1976 (MHADA). The key question before the Court was whether the phrase “material resources of the community” in Article 39(b) includes privately owned property. Previous judgments, such as State of Karnataka vs. Ranganatha Reddy (1977) and Sanjeev Coke Manufacturing vs. Bharat Coking Coal Ltd (1982), had interpreted the phrase broadly to encompass private property.[2]

The Court in Property Owners overturned this expansive interpretation. The majority opinion, authored by Chief Justice Chandrachud, held that not all private property could be considered “material resources of the community”. Justice Nagarathna, in a separate concurring opinion with slight difference of opinion, agreed that private property could theoretically fall under Article 39(b) but stressed the need for a context-specific analysis of previous judges’ interpretations. Justice Dhulia, in a dissenting opinion, maintained the view that all private property is a material resource of the community.

Genesis of the Property Owners case

To understand the events that led to the Property Owners Association v. State of Maharashtra case and the nine-judge bench’s ruling on the term “material resources,” let’s examine the historical context and key cases involved.

Laying the groundwork: Article 31C and Kesavananda Bharati

Initially, Article 31C was added to the Indian Constitution to safeguard laws promoting social and economic objectives, even if these laws appeared to infringe upon fundamental rights. This addition aimed to address earlier Supreme Court rulings that had struck down land reform laws and social welfare legislation for violating fundamental rights to property and equality.

Article 31C had two key parts: the first part protected laws implementing Articles 39(b) and (c) from being voided due to conflicts with Articles 14 and 19. The second part, intended to shield such laws from judicial review even if they didn’t effectively implement Articles 39(b) and (c), was invalidated in 1973 by the landmark Kesavananda Bharati v. State of Kerala judgment. The Kesavananda Bharati case was also Mcrucial for establishing the “basic structure doctrine,” which restricts Parliament’s ability to amend the Constitution.[3]

The Minerva Mills Case and its Implications

A subsequent amendment to Article 31C in 1976 sought to expand its protection to any law promoting any Directive Principle, not just Articles 39(b) and (c). However, the 1980 Minerva Mills v. Union of India case invalidated this amendment, leaving the scope of Article 31C’s protection in question.[4]

The Minerva Mills case generated debate about whether the original, pre-amendment version of Article 31C had been revived. This ambiguity regarding the survival of Article 31C and the interpretation of “material resources” in Article 39(b) contributed to the need for the nine-judge bench in Property Owners.

Navigating Conflicting Interpretations: Ranganatha Reddy, Sanjeev Coke, and Mafatlal

The interpretation of Article 39(b), specifically the meaning of “material resources of the community,” became crucial for applying Article 31C. Several cases grappled with this interpretation, leading to conflicting views and fuelling the debate that culminated in the Property Owners case:

  1. State of Karnataka & Anr. v. Shri Ranganatha Reddy & Anr. (1977): This case involved the nationalization of contract carriages in Karnataka. The seven-judge bench was split in its reasoning. The majority upheld the law without directly addressing Article 39(b). Justice Krishna Iyer, in a concurring but minority opinion, interpreted “material resources of the community” broadly to include all resources meeting “material needs,” encompassing private property. The majority explicitly disagreed with Iyer’s expansive view.[5]
  2. Sanjeev Coke Manufacturing v. Bharat Coking Coke (1982): This case concerned the nationalisation of coking coal mines. The five-judge bench unanimously adopted Justice Krishna Iyer’s interpretation of Article 39(b), even though it had been a minority view in Ranganatha Reddy.[6]
  3. Mafatlal Industries v. Union of India (1997): This case focused on tax refunds. A nine-judge bench, in a single-line statement, suggested that “material resources of the community” includes both public and private resources. However, the Property Owners judgment would later classify this statement as obiter dicta, not legally binding.[7]

The Property Owners Case: Resolving the Debate

These cases, especially the disagreements in Ranganatha Reddy and Sanjeev Coke‘s reliance on a minority opinion, led to uncertainty about the scope of Article 39(b) and the state’s authority over private property.

The Property Owners case stemmed from challenges to a section of the Maharashtra Housing and Area Development Act (MHADA), which aimed to acquire certain properties. The case reached a nine-judge bench to address the enduring question of whether “material resources of the community” encompassed privately owned resources.

The nine-judge bench had to reconcile these previous judgments and provide a clear interpretation of Article 39(b).

Arguments in the Property Owners Case

The petitioners argued for a narrow interpretation of “material resources of the community” in Article 39(b). They submitted that the phrase encompasses resources already owned by the state or those where state ownership is constitutionally mandated. They emphasized that Article 39(b) focuses on “distribution,” not acquisition, implying the state can only distribute resources it already possesses.

The respondents argued for a broader interpretation of “material resources of the community”, contending that it includes privately owned resources. They argued that the state can acquire private property for redistribution to achieve social and economic justice, aligning with the constitutional goals outlined in the Preamble and Directive Principles. A narrow reading, they argued, would render Article 31C, which protects laws promoting Directive Principles, redundant.

Decoding Chandrachud’s majority opinion in Property Owners

CJI(as he was then) DY Chandrachud, authoring the majority opinion in Property Owners Association v. State of Maharashtra, tackled the long-standing debate surrounding the interpretation of “material resources of the community” in Article 39(b) of the Indian Constitution. His reasoning navigated the complexities of judicial precedent, constitutional principles, and economic ideology to arrive at an understanding of the state’s power over private property.

CJI (as he was then) Chandrachud’s judgment begins by acknowledging the historical context surrounding Article 31C and the conflicting interpretations of Article 39(b) that emerged from previous Supreme Court judgments. He notes that Article 31C was initially introduced to protect laws promoting social and economic objectives, even if they appeared to infringe on fundamental rights. The amendment to Article 31C, struck down in Minerva Mills v. Union of India, sought to expand its protection to laws furthering any Directive Principle, not just Articles 39(b) and (c). This amendment, according to the Minerva Mills judgment, would have severely undermined the protections afforded to citizens by Articles 14 and 19.

The judgement authored by the Justice Chandrachud directly addresses the judicial discipline concerns surrounding the reliance on Justice Krishna Iyer’s minority opinion in Sanjeev Coke. He points out that while individual judges can hold differing views, the majority opinion in a case is what establishes binding precedent. In Ranganatha Reddy, the majority, according to him, explicitly distanced itself from Justice Krishna Iyer’s view that “material resources” encompasses all private property. Thus, the five-judge bench in Sanjeev Coke erred by adopting this non-binding minority view.

He then turns to the heart of the matter: interpreting the phrase “material resources of the community” in Article 39(b). He rejects the expansive interpretation espoused by Justice Krishna Iyer, which would essentially allow the state to nationalize any private property deemed necessary for the common good. Such an expansive view, Chandrachud argues, would be tantamount to endorsing a particular economic ideology – a rigid, state-controlled model that is inconsistent with India’s mixed economy.

The majority judgement stated that while the Constitution aims for social and economic justice, it does not mandate a specific economic system. It was reasoned that interpreting Article 39(b) to encompass all private property would undermine individual property rights and stifle economic growth. While acknowledging that private property can indeed be a “material resource,” a caveat was added that not all private property automatically qualifies as such. The determination requires a nuanced analysis according to the majority, considering factors like the nature of the property, the impact of the resource on the wellbeing of the community, scarcity of the resource and the consequences of such a resource being concentrated in the hands of private owners, and the specific objectives of the law seeking to regulate it. [Paragraph 222]

To understand the “community” element of such resources, the majority judgement invokes the Public Trust Doctrine, which posits that the state acts as a trustee for resources crucial to public well-being. This doctrine, initially applied to resources like air, sea, waters, and forests, has expanded to include other resources like spectrum, which possess a community or public element. Therefore, the Public Trust Doctrine aids in identifying private resources that could be considered “material resources of the community” under Article 39(b). [Paragraph 224]

On the crux of the matter, the majority says as follows:

“The direct question referred to this bench is whether the phrase ‘material resources of the community’ used in Article 39(b) includes privately owned resources. Theoretically, the answer is yes, the phrase may include privately owned resources. However, this Court is unable to subscribe to the expansive view adopted in the minority judgement authored by Justice Krishna Iyer in Ranganatha Reddy and subsequently relied on by this Court in Sanjeev Coke. Not every resource owned by an individual can be considered a ‘material resource of the community’ merely because it meets the qualifier of ‘material needs.” [Paragraph 229]

Justice BV Nagarathna’s Concurring Opinion

Justice BV Nagarathna, in her concurring opinion in Property Owners Association, agreed that Article 39(b) does not cover all private property, but took issue with the majority’s characterization of past judgments, especially those by Justice Krishna Iyer. She cautioned against labelling Sanjeev Coke judgement as violative of “judicial discipline,” arguing that such pronouncements could imply that judges in those cases were not true to their oath. [Paragraph 5.11]

She stated that the judgement in Sanjeev Coke merely referred to the minority opinion in Ranganath Reddy while independently upholding the challenged law. She emphasized that judgments should be viewed within their historical context. [Paragraph 23]

She argued that the shift in India’s economic policy towards liberalisation does not warrant branding past decisions, influenced by socialist ideologies, as a “disservice to the broad and flexible spirit of the Constitution.” [Paragraph 1.2] This remark, which we can infer could have been made in the majority judgement draft that was circulated among the judges did not feature in the final uploaded copy of the judgement.

Justice Dhulia’s Dissent in Property Owners

Justice Sudhanshu Dhulia penned a lone dissent in the Property Owners Association case, disagreeing with the majority’s conclusion that the phrase “material resources of the community” in Article 39(b) does not encompass all privately owned resources. He argued that excluding private property from the purview of Article 39(b) overlooked the potential benefits of equitable distribution of certain private resources for achieving social and economic justice. He viewed private resources as an integral part of the “material resources” necessary for realising the goals of the Directive Principles, particularly in light of persistent economic disparities in India. He stated that the interpretation by the majority not only limits the hands of legislature to a non-exhaustive list of factors to determine which resources can be considered as material resources and that there is no need for such pre-emptive determination.[8]  Unlike the majority, which placed specific boundaries on when private property could be considered a community resource, Justice Dhulia argued for a broader interpretation, advocating that these resources should always be viewed with an eye towards redistribution for the common good

Justice Dhulia also stated that the majority did not explicitly disagree with Justice Krishna Iyer’s opinion in Ranganath Reddy and therefore, it cannot be said that judicial discipline was broken by the Supreme Court bench in Sanjeev Coke case by relying on the minority reasoning. [Paragraph 14.7] On the criticism of Krishna Iyer Doctrine in the majority judgement, Justice Sudhanshu Dhulia’s opinion stated as follows:

“Before I conclude, I must also record here my strong disapproval on the remarks made on the Krishna Iyer Doctrine as it is called. This criticism is harsh and could have been avoided. The Krishna Iyer Doctrine, or for that matter the O. Chinnappa Reddy Doctrine, is familiar to all who have anything to do with law or life. It is based on strong humanist principles of fairness and equity. It is a doctrine which has illuminated our path in dark times. The long body of their judgment is not just a reflection of their perspicacious intellect but more importantly of their empathy for the people, as human being was at the centre of their judicial philosophy. In the words of Justice Krishna Iyer himself: “The Courts too have a constituency – the nation – and a manifesto – the Constitution”.[9]

Conclusion

While the change that this judgement could effectuate is yet to be seen, the reasoning employed has paved the way for future decisions that could limit state power especially in the realms of taking over property of the individual. However, a larger question still looms large over the institution of Supreme Court—whether there will be same enthusiasm to curb state power in realms of individual freedoms and right to life or not.

(The author is part of the legal research team of the organisation)
______________________________________________________________________

[1] 2024 INSC 835

[2] (1977) 4 SCC 471; (1983) 1 SCC 147

[3] AIR 1973 SC 1461

[4] AIR 1980 SC 1789

[5] 1978 AIR 215,

[6]  1983 AIR 239

[7]  AIRONLINE 1996 SC 1268

[8] Page 5 of Justice Sudhanshu Dhulia’s opinion.

[9] Page 96, Justice Sudhanshu Dhulia’s opinion.

 

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The post Material resources may include private property but with caveats says says SC in 8:1 majority ruling; Justice Sudhanshu Dhulia Dissents appeared first on SabrangIndia.

]]> Building a resilient future for farmers: MVA’s vision for agricultural reform https://sabrangindia.in/building-a-resilient-future-for-farmers-mvas-vision-for-agricultural-reform/ Mon, 18 Nov 2024 13:14:56 +0000 https://sabrangindia.in/?p=38836 MVA manifesto promises fair prices, improved infrastructure, and lasting solutions to tackle the challenges faced by Maharashtra’s farmers

The post Building a resilient future for farmers: MVA’s vision for agricultural reform appeared first on SabrangIndia.

]]> The Maha Vikas Aghadi (MVA) manifesto for the upcoming Maharashtra elections addresses a pressing concern that resonates deeply with the state’s farming community: the growing economic distress in agriculture. Maharashtra, home to one of India’s largest agricultural populations, has witnessed its farmers struggle with erratic weather, rising debt, fluctuating crop prices, and limited access to critical resources. The promises made by the MVA go beyond political rhetoric, offering a comprehensive understanding of the challenges farmers face and providing both immediate relief and sustainable solutions.

The MVA has put forth a set of ambitious proposals aimed at transforming the agricultural landscape of Maharashtra. By focusing on financial security, infrastructure development, and long-term sustainability, the manifesto seeks to create a more supportive environment for farmers. Key commitments include ensuring Minimum Support Prices (MSP), simplifying crop insurance schemes, and investing in rural infrastructure. These measures are designed not only to alleviate the immediate financial burden on farmers but also to address the structural issues that have long hindered the agricultural sector in the state. With a focus on improving market access, offering financial relief to affected families, and promoting agricultural diversification, the MVA’s promises seek to lay the groundwork for a more resilient and thriving farming community in Maharashtra. These promises have been discussed in detail below:

Immediate relief for farmers: Debt waiver and loan repayment incentives

Maharashtra has one of the highest rates of farmer suicides in India, a tragic statistic that has often been linked to the crushing burden of agricultural debt. Farmers in the state are particularly vulnerable due to their reliance on monsoon-dependent crops, which often fail due to unpredictable weather patterns, such as droughts, floods, or delayed rainfall. In the face of these challenges, many farmers turn to loans from moneylenders, often with exorbitant interest rates, which further entrench them in debt.

The MVA’s promise to offer debt waivers of up to Rs. 3,00,000 to farmers is a direct response to this crisis. It is not just an economic relief measure but also a symbolic gesture aimed at restoring the dignity and financial viability of Maharashtra’s farmers. The debt waiver will enable farmers to break free from the cycle of indebtedness that has plagued them for years, providing them with the opportunity to rebuild their agricultural operations and reinvest in their future. Moreover, the Rs. 50,000 incentive for regular loan repayment serves as a proactive measure to encourage fiscal discipline and reduce future borrowing risks, creating a positive feedback loop for the state’s agricultural economy.

These promises are particularly important in light of Maharashtra’s history of poor loan recovery, which has often led to distress and contributed to the high rate of farmer suicides. By addressing both the immediate financial burden and incentivising responsible loan repayment, the MVA is taking a significant step toward reducing the root causes of farmer distress.

Support for families affected by farmer suicides

Maharashtra has long struggled with the devastating impact of farmer suicides. According to National Crime Records Bureau (NCRB) data, the state consistently ranks high in terms of farmer suicide rates, a reflection of the profound emotional and financial toll these tragedies take on farming families. In many cases, farmers face not only economic ruin but also the societal stigma associated with failure. The families of those who commit suicide are often left to fend for themselves with little to no support from the government.

The MVA’s promise to review existing schemes and enhance support for widows and children of farmer suicide victims is an essential social welfare intervention. By providing financial support, education scholarships for children, and healthcare benefits, the MVA seeks to ensure that the families of deceased farmers do not fall into further poverty or despair. This initiative will go a long way in alleviating the long-term social and emotional impacts of farm-related suicides, offering a lifeline to those left behind in a community already struggling with poverty and uncertainty.

This promise is particularly relevant to Maharashtra’s rural landscape, where traditional social structures often fail to provide the necessary emotional or financial support for grieving families. It reflects an understanding of the need for not just material but also emotional security in the wake of such tragedies.

Minimum support prices and crop insurance reforms

Maharashtra’s farmers are often at the mercy of fluctuating market prices, which are heavily influenced by both domestic and global factors. Whether it’s cotton, onion, or sugarcane, price volatility has left many farmers struggling to break even. While the Minimum Support Price (MSP) mechanism exists to protect farmers from severe losses, it is often inadequate, especially for crops where procurement systems are weak or non-existent. For instance, onion farmers in Maharashtra have frequently faced crises when prices plummet, leaving them with losses as their produce rots in the fields.

The MVA’s commitment to ensuring MSP for farmers is critical in this context. By guaranteeing a minimum price for agricultural produce, the government is providing a safety net that helps protect farmers from market volatility. This policy is particularly relevant in Maharashtra, where crops like onions, tomatoes, and pulses are grown in abundance but often face unpredictable pricing in the open market. Farmers will no longer have to bear the brunt of market forces alone, which can be particularly devastating during periods of bumper harvests or price crashes.

In addition, simplifying the crop insurance scheme will ensure that farmers receive timely compensation for losses due to natural disasters. Maharashtra is no stranger to droughts and floods, and the complexity of the current crop insurance system often discourages farmers from opting into the scheme. By removing burdensome conditions and ensuring greater transparency, the MVA promises to make crop insurance more accessible, especially to smallholder farmers who are most vulnerable to the impact of climate change. This reform could significantly reduce the financial risks faced by farmers in the state, enabling them to recover faster from setbacks.

Sustainable farming: The ‘Maharashtra Millet Mission’ and environmental protection

Climate change has already had a visible impact on Maharashtra’s agriculture. Erratic rainfall patterns, long periods of drought, and rising temperatures have made traditional farming increasingly unviable in certain parts of the state. Crops like cotton, sugarcane, and rice, which are water-intensive, have faced lower yields due to these climatic changes, while farmers in drought-prone areas have struggled to make ends meet.

The MVA’s ‘Maharashtra Millet Mission’ is a timely and forward-thinking initiative. Millets, which are drought-resistant and require less water, can be a game-changer for the state’s farmers, particularly those in dryland areas. By promoting the cultivation of millets, the government aims to diversify crop production, reduce dependence on water-intensive crops, and ensure greater resilience to climate fluctuations. This mission also has the potential to boost local food security and create new markets for these nutritious crops, which have been largely neglected in India’s agricultural policies.

This initiative resonates with Maharashtra’s farming community, especially in districts like Marathwada and Vidarbha, which face recurring droughts and water scarcity. It provides farmers with an alternative that is both economically viable and ecologically sustainable, aligning with global trends towards more climate-resilient agriculture.

Milk prices and horticultural support: Securing livelihoods

Dairy farming is a vital part of Maharashtra’s agricultural economy, and milk is one of the state’s largest rural industries. However, dairy farmers have long faced issues such as fluctuating milk prices, poor infrastructure, and inadequate support for processing and marketing. The MVA’s promise to set milk prices annually, taking production costs into account, is a much-needed measure to stabilise this sector. By ensuring fair prices for dairy farmers, the government is addressing the core issue of income instability, which has long plagued this vital sector.

Similarly, the protection of onion and tomato cultivators through the ‘Pink and Saffron Revolutions’ is a targeted response to the challenges faced by farmers in Maharashtra’s horticulture sector. Onions, in particular, have been at the centre of several market crises in recent years, with price drops leading to massive losses for farmers. By ensuring better support for these crops, the MVA is seeking to secure the livelihoods of millions of farmers, particularly those in rural areas who depend on such crops for their income.

Infrastructure development: Connecting farmers to markets

Maharashtra’s rural areas face a significant infrastructure gap. Poor roads, inadequate storage facilities, and insufficient market linkages often result in farmers losing a substantial portion of their produce. The MVA’s promise to invest Rs. 10,000 crore in developing permanent, gravelled roads connecting farms to markets is a transformative policy. Improved road infrastructure will reduce transportation costs, cut down post-harvest losses, and enable farmers to reach distant markets more easily, thus ensuring better prices for their produce.

This promise directly addresses one of the most persistent issues faced by farmers in the state’s rural areas, particularly in the Marathwada and Vidarbha regions, where road connectivity is often poor, limiting market access and agricultural productivity.

Creating alternative employment opportunities

The promise to reduce the dependency on agriculture by creating alternative employment opportunities is a long-term vision aimed at transforming Maharashtra’s rural economy. Agriculture, though the mainstay of rural Maharashtra, is no longer a sustainable livelihood option for a growing population. With increasing mechanisation and declining profitability in certain sectors, many farmers are forced to abandon their lands in search of better opportunities in cities.

By creating new avenues for employment through skill development, industrial growth, and rural entrepreneurship, the MVA aims to ease the pressure on agriculture. This vision will not only reduce rural-urban migration but also diversify the income sources for rural families, leading to more balanced and equitable development across the state.

Unmet demands and growing discontent: The cotton vs. soybean price dilemma in Maharashtra

Maharashtra’s farmers are in the midst of an ongoing struggle against unfair prices for their produce, and this issue is becoming more prominent as the state heads toward its legislative elections. A particularly contentious point is the discrepancy in the assurances given to soybean farmers compared to cotton farmers.

As Vijay Jawandhiya from the Farmers’ Organization Paik has highlighted the said issue, while pointing out that both the Bharatiya Janata Party and Congress party have promised to buy soybeans at significantly higher prices than the current market rates—₹6000 per quintal from the BJP and ₹7000 per quintal from Congress—the same level of commitment is not being extended to cotton farmers. Cotton, a major crop in Maharashtra, especially in the Vidarbha region, has not seen similar price guarantees, despite the fact that the MSP (Minimum Support Price) for cotton is ₹7520 per quintal. Farmers are being forced to sell their cotton for ₹6000 to ₹6600, far below the MSP, and this disparity has been a source of growing discontent, as per Jawandhiya

As provided by Jawandhiya, “The contradiction becomes more apparent when we see that the BJP has assured a ₹6000 price for soybeans, which is 20% higher than the MSP of ₹4892. However, this same approach is not being extended to cotton, despite cotton’s MSP being ₹7520. Why is the BJP not offering ₹9000 for cotton, which would represent a similar 20% increase over the MSP? Similarly, why isn’t Congress offering ₹10500 per quintal, which would reflect a 40% premium over the MSP, as they have promised for soybeans?”

This stark difference in treatment for cotton and soybean farmers has raised questions about the government’s priorities and its sincerity in addressing the concerns of Maharashtra’s farmers. The government’s promises, while seemingly beneficial for soybean farmers, do not extend the same sense of urgency or commitment to cotton farmers, whose grievances have only intensified over the years. As cotton farmers continue to face price disparity, they are left wondering why the government is unwilling to offer the same level of support for their crop.

The discontent among farmers is palpable, and this growing frustration is starting to manifest in the political sphere. As the elections draw closer, the BJP’s assurances of a ₹6000 price for soybeans and the Congress’ ₹7000 offer are unlikely to satisfy the farmers who are still being forced to sell their cotton and soybeans for a fraction of the MSP. The discontent could become a pivotal factor in determining voter sentiments, as farmers in the state are realizing that the promises made by both parties fail to address the root issues of fair prices and proper market regulation.

In light of these growing concerns, it is clear that a larger movement is brewing in Maharashtra. As Vijay Jawandhiya from the Farmers’ Organization Paik aptly puts it, “After the elections, whichever government comes to power, farmers will have to stand up and create a massive movement; otherwise, this auction will continue.” He further echoes the words of Dr. B.R. Ambedkar, urging farmers to “Learn, Organize, and Struggle.” These words can be deemed to be particularly resonant today, as Maharashtra’s farmers are grappling with unfulfilled promises and systemic neglect of their needs.

The imperative of comprehensive support for farmers

As the farmer movements continue to gain momentum, it is clear that the path forward requires not just political promises, but a comprehensive, long-term strategy to ensure that the state’s agricultural community is not left behind.

The MVA’s emphasis on infrastructure development, particularly the creation of gravelled roads connecting farms to markets, would significantly benefit cotton farmers by improving their access to competitive markets. Better road connectivity would reduce transportation costs and ensure that cotton farmers can sell their produce at fair prices, rather than relying on exploitative middlemen. The MVA also promises to invest in sustainable farming practices and crop diversification, helping cotton farmers in the long run by reducing their dependence on a single, vulnerable crop. This holistic approach not only addresses the immediate price concerns but also ensures that cotton farming becomes more resilient and economically viable in the future.

The MVA’s promises are grounded in the realities faced by Maharashtra’s farming community. From debt relief and MSP guarantees to long-term environmental sustainability measures, these promises are a response to the socio-economic struggles that have plagued the state’s agricultural sector. If implemented effectively, they could transform the rural landscape of Maharashtra, offering farmers not just a lifeline but a pathway to prosperity, stability, and dignity. This comprehensive approach, combining immediate relief with long-term reforms, holds the potential to reshape the future of Maharashtra’s agriculture and ensure that its farmers are not just surviving, but thriving.

It is also essential to note that the promises made by the political parties in Maharashtra, particularly the assurance of higher prices for soybeans, underscore the growing recognition of farmers’ struggles. However, the selective nature of these promises—favouring soybeans while overlooking cotton—raises critical questions about the government’s approach to addressing the full spectrum of agrarian distress. The issues faced by cotton farmers in the Vidarbha region are not just economic; they are a reflection of the systemic neglect of one of Maharashtra’s most crucial agricultural sectors.

As the elections approach, it is becoming clear that the promises made to soybean farmers are not enough to quell the growing discontent among the state’s broader agricultural community. The stark contrast between the treatment of soybean and cotton farmers highlights a pressing issue: if the government is willing to guarantee a premium price for one crop, why not do the same for others, particularly cotton, which is equally vital to the state’s economy?

The farmers of Maharashtra, who have long been subjected to exploitation by market forces, are no longer willing to accept empty assurances. The growing unrest and the call for a large-scale movement reflect a deep sense of betrayal, as farmers feel that their livelihoods continue to be undervalued. Whether the BJP, Congress, or any other party comes to power, the farmers’ struggle is unlikely to end until these fundamental issues—fair pricing, market regulation, and sustainable agricultural support—are genuinely addressed.

Related:

MVA’s bold promise: A transformative vision for women’s empowerment in Maharashtra

The MVA promise to uphold right to healthcare in Maharashtra: A visionary approach to equitable and comprehensive health access

Citizens and experts rally to save Mumbai’s BEST buses from privatisation pitfalls

CJP moves CEO Maharashtra with three complaints over Suresh Chavhanke’s MCC violations

Maharashtra: Free speech has remained on the line of fire of the current regime, democracy on trial as state goes for election

 

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]]> ‘We are considered servants, not humans’: Women of Jai Bhim Nagar reveal the violence of domestic work https://sabrangindia.in/we-are-considered-servants-not-humans-women-of-jai-bhim-nagar-reveal-the-violence-of-domestic-work/ Mon, 18 Nov 2024 12:35:43 +0000 https://sabrangindia.in/?p=38823 As the first rays of dawn hit the broad, grey-bricked footpaths of Powai’s Hiranandani locality, Darshana begins her day. Inside the blue hues of her current “home”— the tarpaulin-covered dwelling within which she, her family, and hundreds of others rendered homeless by the BMC-led demolition of their houses, have been living for the past five months—she starts her day with work. She washes dishes, cleans the cement side-walk on which rest the mattresses her family and she sleep on, and prepares meals on wood-fired chulas using the limited utensils she was able to salvage before the kitchen in her home was destroyed by bulldozers. By the time the sun shines bright, she has readied her two children, fed them, and sent them to school.

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]]> Now her work begins. Darshana and many like her march into one of the double-digit numbered apartments among the many high-rise Hiranandani buildings.  From 10 am to 7:30 pm, she manages the household of her employers. Her tasks involve doing the dishes, dusting, mopping, laundry, cooking, and often additional tasks around the house that go unaccounted for. She has been working with this family for around four years now. While in that time, life as she knew it has entirely upturned, almost none of that reflects in the everyday realities of her job: she is still expected to arrive on time, stay beyond mutually decided work hours, and do all of the household chores with utmost precision. “Woh bada log hai, galat karte hai toh gussa ho jaate, 2 baat toh sunna hi padta hai.” (They’re big people. If we do something wrong, they get angry, and we have to listen to their two cents), she says, elaborating that mistakes include forgetting a task or making too much noise while organising the dishes. On Sundays, her employers are at home while she works and she faces more scrutiny, in her ability and her movement around the house.

On June 6, 2024, when her home was demolished, Darshana’s employers had permitted her a couple of days off work to deal with the disruption her life had faced. However, three days later, she received a phone call from them, asking her to return to work. “Woh boli ‘agar tum nahi aayi, dusre bai ko lagaungi’ ”.  (She told me that if I don’t come back, they will keep some other bai, and I will be out of a job),  Darshana shared. “Unko adjust nahi ho raha tha. Woh boli dusre bai logg wapis aa gaye…Boli ‘bhaade mein room le lo aur aa jao kaam pe’. Aasan thodi hai! (She said she wasn’t able to adjust and that all the other bai logg had returned to work, so I must also. She just said, ‘Quickly rent a room or something somewhere, and come back,’ as if it is an easy thing to do.)

Despite this, Darshana maintains that her ‘madam’ is good and one of the nicer ones. When her neighbour, Jaya returned to work two days after the demolition, she was asked to leave as her employer had “kept” someone else. “Woh batayi, ‘ghar ka thikana nahi, kaam kaise karogi? Ghar dekh lo, phir kaam pe aana’. 2000 de ke nikaal diya.” (She told me, ‘You have no home, how will you work? First figure your home situation out, and then go back to work’, and saying this, she paid me Rs. 2000 and removed me from work.) Two weeks later, Jaya felt lucky to find another job at a different building, which paid half of her previous job. Many, many other women in the basti have faced similar job loss, after already facing the destruction of their homes. Many of them have not been able to procure another job yet. They yearn for the meagre 2000-4000 per month, as it would have been better than the debilitating lack of income they face now.

In this moment of pronounced systemic injustice, the regular and everyday uncertainty of the nature of their livelihoods as domestic workers—which offers none of the rights justly exercised by their white-collar employers or those in the organised sector—is made clearer. Domestic work is not part of the statutory employment list, leaving them outside the ambit of basic worker protections such as minimum wages, paid leaves, collective bargaining, workplace safety, ESI/Provident Fund, annual bonus, and so on.

The imagined separation of the home as the woman’s abode of unpaid labour and the world outside as that of the productive male bread-earner is a patriarchal myth used by the capitalist mode of production. Recognising the home as a place of work is a struggle against the public – private gendered division of work. Most women domestic workers do not have any written contract specifying the exact services being bought, with many unpaid tasks being extracted. They can be terminated without serving any notice period. Even when the Maharashtra government recently set up the Gharelu Kamgar Kalyan Mandal, a welfare board envisioned by a 2008 state law, it clearly avoided recognising domestic work as ‘work’. Roughly ten thousand of the fifteen lakh domestic workers estimated to be working in Maharashtra’s major cities are covered by this welfare measure to provide one-time cash transfers for maternity and old age. As a result, workers are either left to the employer or State’s dole or benevolence, as worthy recipients of charity, or criminalised as “suspicious elements” in the city. It is not uncommon to find false cases of theft being lodged when workers demand basic rights, even facing violence and sexual abuse at the hands of the employers.

The women of Jai Bhim Nagar, who work in similar gated colonies, face distinct shades of this continued violence. They recount their experiences of being thoroughly screened at the gates of the buildings upon their entry and departure. “Guard purse mein haath dal kar check karte, dekhte hai kitna paisa hai, kya kya hai. Aur exit ke time, wapis check karte. Jab paghar milta hai, madam ko gate paas likhna padta hai.”(The guards put their hands inside our purses when we go in, and make a list of all of the items and money in it. When we return, they check again, to make sure that it is the same. When we get paid, our madams have to write us a gate-pass to allow us to take our salary home) shares Sarita, who recognises the implicit discrimination inherent in these routine practices. Jaya shares a similar anecdote, following up with the request to not have her real name mentioned, “Madam-sir dekh liye toh, unke groups mein daal denge ki hum kaise hai, aur phir koi nahi rakhega,” (If my sir and madam find out I am saying this, they will remove me and tell all the other houses not to keep me). She laments that this network of domestic work employers are brutal and their actions, ironic: while the women entering to work in their buildings are given no basic respect, they are expected to maintain the same for their employers. Upon not adhering, they will be replaced.

Since the demolition, Jai Bhim Nagar’s women’s lives, which have always carried the double burden of domestic labour, have become even harsher. The drudgery of their work at home was multiplied by the absence of electricity, water, and household assets they had spent years accumulating. This has meant that they spend longer hours working—the lives of most women at Jai Bhim Nagar and across the slums of Mumbai, has always been mired by the multiple types of labour that every waking hour is spent completing. For instance, irregular water supply and unsanitary toilets, giving rise to diseases, affect them more as taking care of the children and the aged is considered the woman’s responsibility. This is also reflected in how women are at the forefront of the struggle for rehabilitation, leading many delegations and protests demanding regular and clean water supply, sanitary living conditions and fumigation of mosquitoes from the municipality.

The demolition in Jai Bhim Nagar was on the basis of a complaint to the state Human Rights Commission that ‘unauthorised construction’ (referring to Jai Bhim Nagar) violates the human rights of the public at large staying in the said locality. Ironically, for most women living in Jai Bhim Nagar who are domestic workers in its high-rises, their very settlement was premised on improving the quality of life in the area. They were housed there, allowed to live, on the condition that they would not withhold their labour for domestic work, casual construction, electrical and other mechanical jobs, and so on. This is a paradox of neoliberal urbanisation. Cities are de-industrialised, throwing toiling people to the margins of the metropolis, and in their place emerge globally-networked centres of finance and services. The dreams of the land sharks, town planners, and those who come to inhabit these oases of opulence, is to create a ‘world class’ city to function as nodes of circulation of global finance and hi-tech activities of diverse nature, sanitised of all toiling humanity. This has only one roadblock: Essential labour such as domestic work, sanitation, construction, and various types of services requires that working people live near enough to their city without disturbing its lifeless beauty.

The need to exploit people’s capacity to work cannot be eliminated as long as profit remains the motor force of society. The basti, the barrio, the favela, the ghetto, the shanty town – the clinking wine glasses in infinity pools on top of the highest sky-rise face their horrific presence in the skyline. With a grin they seem to declare: Hamin ast -o- hamin ast -o- hamin ast!

This routinely takes on stark appearances when there is a minimum of resistance, such as in 2017 when a Bengali migrant domestic worker, Zohra, in Noida’s posh Mahagun Moderne gated community went to demand her wage dues and was forcefully withheld[1]. As the Uttar Pradesh police hesitated to file a complaint against the powerful employers, the Sethis, agitated residents from Zohra’s slum gathered outside the building complex for her release. This escalated to the private security firing on the crowd and the basti-dwellers being framed for ‘rioting’, theft and other criminal charges. The American estate-management company running the high-rises identified and blacklisted 80+ women domestic workers, a malicious media campaign painted the Bengali-speaking Muslims as ‘illegal Bangladeshi infiltrators’, and Zohra’s entire basti of 60 homes was promptly demolished by the police. Then BJP MP Mahesh Sharma assured the residents that 13 arrested slum-dwellers would not receive bail for years. The usefulness of insecure housing as a disciplining strategy for the urban precarity cannot be emphasised enough.

The precarity of “unauthorized living” unfolding through the demolition of Jai Bhim Nagar has only made visible the violence woven into the lives they live. As many of them have articulated, “Woh humme naukar samjhte hai, insaan nahi.” (We are primarily seen as servants, not as people). In singular systemic moments of crisis or collapse, such as slum demolitions, the reality of “unauthorised living” worsens an existing reality, whether that is of adult women facing precarity in their livelihoods as domestic workers, or young girls beginning to work as domestic workers, losing their right to education.

Capital thrives on cheap labour and segmentation. The working class, after being denied any claims to urban citizenry, ask whose city it is, whose space it is, and militantly asserts its inalienable right to dignity of labour, and all the resources that keep this labour thriving. The working class people of Jai Bhim Nagar are fighting for housing, health, education, and civic amenities such as water and electricity—the cost of their ‘social reproduction’. The movement is now proceeding with the demand for proper rehabilitation which is a political demand for a dignified and free life. Linked to this, is the possibility of taking this struggle against exploitation to the site of production, to the connected workplaces—asking for higher wages and better working conditions.

 

[1] See our earlier fact-finding report. COLLECTIVE. (2017). FF report on the incident in Noida on 11-12 July 2017. Published on 14 July 2017. Accessed on https://collective-india.com/fact-finding-noida-domestic-worker-case/.

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