Posco | SabrangIndia News Related to Human Rights Fri, 22 Nov 2019 04:45:28 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Posco | SabrangIndia 32 32 POSCO to Jindal: A Fact Finding Report https://sabrangindia.in/posco-jindal-fact-finding-report/ Fri, 22 Nov 2019 04:45:28 +0000 http://localhost/sabrangv4/2019/11/22/posco-jindal-fact-finding-report/ A four-member fact-finding team of Ganatantrik Adhikar Surakhya Sangathan, Odisha visited Gadakujanga, Dhinkia, Noliasahi and Govindapur villages of Jagatsinghpur district on 19th November 2019. The government of Odisha is handing over the land already acquired for POSCO to Jindal Steel Works Ltd for setting up of a steel plant (13.2MTPA capacity), Cement plant (10MTPA), Power […]

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POSCO

A four-member fact-finding team of Ganatantrik Adhikar Surakhya Sangathan, Odisha visited Gadakujanga, Dhinkia, Noliasahi and Govindapur villages of Jagatsinghpur district on 19th November 2019. The government of Odisha is handing over the land already acquired for POSCO to Jindal Steel Works Ltd for setting up of a steel plant (13.2MTPA capacity), Cement plant (10MTPA), Power plant (900MW) and a port (52MTPA). The POSCO left the place because of the strong resistance of affected villagers. But the government is stubborn enough to hand over the land to yet another corporate body. This is perhaps first such example in the country.

When the team met village leaders, movement activists, villagers and women, all of them expressed their resentment and desire to oppose the company. That was reflected also in action when they narrated how they stopped the work of Jindal employees in Gadakujanga village. The employees were preparing the ground for the public hearing. The public hearing was scheduled to be on 21st of November. Meanwhile, the district administration rescheduled it to 20th December on the plea of ongoing ‘session of Odisha legislative assembly’. The villagers feel that the government shifted the date due to the resistance at Gadakujanga village.

All the villagers the team met are unaware of Environment Impact Assessment (EIA) of the Jindal project. The administration has only fixed up notice at Panchayat office for the public hearing and some company persons are moving in the areas inviting villagers to come for the public hearing to make the hearing success. Entire Odisha coast has been cyclone prone and this project would will cause further damage to the ecology. Another port at the mouth of Jatadhara to be built by Jindal would cause flooding of the area belonging to upper part of the river. 250 villagers of Noliasahi who are coming inside the JSW port (as per the map) project would be rendered homeless.

People of the area, even today, have their betel vines, cashew and mango orchards over that 2950 acres of forest land. Hence, they enjoy primary rights as per Forest Rights Act 2006. Besides, the private land owners whose land was occupied by IDCO for POSCO project are entitled to get back those land under the Land Acquisition Act 2013. Because that land remained unutilized for long five years. Instead, the government is handing over both private land as well forest land to the Land Bank formed under Land Acquisition Rules, 2016. This is in violation of the Land Acquisition Act 2013 and is also against the Singur judgment given by the Supreme Court. On 6th December 2017 the villagers of Govindpur have already passed resolution in Gramsabha to return those land to its original owners as POSCO left.

We met 65 – year old Basudev Behera of Noliasahi village who is an example of harassment caused by the government, POSCO staffs and supporters of the project for his involvement in the anti-POSCO struggle. Near about 72 criminal cases have been filed against him accusing him of rape, murder, dacoit, arson, riot etc. Hundreds of villagers like him are appearing in court cases and incurring heavy expenses from their own income to meet legal expenses. Given the number of cases, an Additional District Judge court has been opened in Kujanga panchayat area which is itself a rare phenomenon in Odisha. Can we call it ` peaceful ‘development’ as the Chief Minister often says?

We demand:- a) The govt. should cancel JSW project b) Villagers should be provided forest patta under Forest Rights Act c) the government should withdraw all criminal cases filed during anti-POSCO struggle d) the government itself should provide literature in simple Odia language about the company’s project and its impact on people prior to the public hearing at any place e) public hearing should not be treated as just ‘consultation’ rather should be taking ‘consent’ of all members of the areas in Pallisabha and if required the government should amend Panchayati Raj act also.

Deba Ranjan
General Secretary, GASS
Fact finding Team members: Swati Mishra, Gyanaranjan, Brajendra Mohanty and Deba Ranjan

Courtesy: Counter current

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Death Penalty In POCSO Act Imperils Child Victims Of Sexual Offences https://sabrangindia.in/death-penalty-pocso-act-imperils-child-victims-sexual-offences/ Mon, 14 Oct 2019 05:22:30 +0000 http://localhost/sabrangv4/2019/10/14/death-penalty-pocso-act-imperils-child-victims-sexual-offences/ New Delhi: Amendment bills should fix loopholes in the original law but the amendments contained in the Protection of Children from Sexual Offences (POCSO) Act of 2019 do not improve upon the original bill of 2012, child rights activists say. The Protection of Children from Sexual Offences (Amendment) Bill of 2019 actually weakens the POCSO […]

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New Delhi: Amendment bills should fix loopholes in the original law but the amendments contained in the Protection of Children from Sexual Offences (POCSO) Act of 2019 do not improve upon the original bill of 2012, child rights activists say.

The Protection of Children from Sexual Offences (Amendment) Bill of 2019 actually weakens the POCSO Act, Shailabh Kumar, lawyer and co-director of Haq: Centre for Child Rights, said.  Including death penalty as punishment could reduce the number of cases reported and might lead to murder of the victim. Further, there has been no amendment to provide for compensation of victims, and no strong solution for reducing pendency of cases.

Most members of parliament across political parties welcomed the amendments, and the bill–though debated in the house for nearly four hours–was passed without being referred to any parliamentary standing committee. In this monsoon session of the Lok Sabha, 34 other bills were passed, each receiving little attention from lawmakers. This is the fourth story in our series analysing the most significant of these 35 bills.

The POCSO Act was amended with five new clauses, including extending punishment from 10 to 20 years for penetrative sexual assault with children below the age of 16 and death sentence for aggravated penetrative sexual assault by a person in a position of authority–which includes police officers, members of the armed forces and public servants. It also includes cases where the offender is a relative of the child, or if the assault injures the sexual organs of the child. 

The death penalty can also be given in case of aggravated sexual assault which results in the death of a child or for assault during a natural calamity or in any situation of violence, the amendment says, replacing the words ‘communal or sectarian violence’ in the original bill.

Other provisions change the length of prison sentences for certain kinds of crimes, and would not have an impact on the rate of crime against children, activists said.

Death penalty not a deterrent
“Introducing death penalty was nothing but a populist move,” said Kumar.

Activists are concerned, as we said, that the introduction of death penalty will reduce the number of reported cases of sexual offence against children. As many as “94% of the accused are known to the victims in cases of child sexual abuse”, said Mohd Ikram, manager, child safeguarding policy at Breakthrough, a women’s rights organisation in Delhi. “When most accused are personally known to the victims and their families, the possibility of death may deter the victims to file a complaint.”

There is also a higher likelihood that the accused would rape and murder a victim to avoid getting caught, Ikram said.

Further, no empirical evidence exists to suggest that death penalty has a deterrent effect over and above life imprisonment, according to the Law Commission’s 2015 report on death penalty. The report suggested abolishing death penalty for all cases except terrorism.

In 28.9% of the cases where a trial court awarded the death sentence, the case ended in acquittal by a higher court. The death sentence was conclusively given in only 4.3% of cases–trial courts erroneously imposed the death penalty in 95.7% cases, according to the report.

“If we look at the timeline, the ordinance introducing death penalty was brought right after the Unnao and Kathua rape cases in early 2018 because of a huge uproar,” said Kumar. “PM [Narendra] Modi went to the World Trade Organization meeting where India was criticised for its policy on women and child safety, and the ordinance was brought in immediately after.”

In the Kathua case, an eight-year-old girl was abducted, raped and murdered in a village near Kathua in Jammu and Kashmir in January 2018. Six of the seven accused were convicted in the case, of which three were imprisoned for life and three sentenced to five years in jail.

In the Unnao case, a 17-year-old girl was gang-raped in April 2017, and the accused is a member of the Uttar Pradesh legislative assembly from Unnao, and was a member of the Bharatiya Janata Party, in power in the state and at the Centre. The case is still going on.

Instead of acting in haste, the government should have studied how people would react to the changes, and understood the problems in implementation of the Act, Kumar added.

“In addition, the bill is silent when it comes to protecting the victim and their family in cases where the accused is in a position of authority,” Ikram said. “Merely increasing the punishment for aggravated sexual assault is not enough.”

Trials pending for most cases
The police recorded 106,958 crimes against children in 2016, the latest year for which data are available, from the National Crime Records Bureau (NCRB). Of these, 36,022 cases were recorded under the POCSO Act. But 89% of the cases that were registered in 2016 were pending trial. Over 90% of cases registered in 2014 and 2015 were pending trial, according to NCRB data. Courts convicted the accused in only 29.6% of cases in 2016.

From January to June 2019, 24,212 cases of child sexual assault or abuse were registered under POCSO, of which 27% cases went on trial, as was noted during the parliamentary debate during the amendment of the Act; 4% cases were completed.

The Supreme Court issued directions to districts with more than 100 pending cases under the POCSO Act to set up fast-track courts with a resolution deadline of 60 days. As many as 1,023 fast-track special courts for POCSO cases would be set up, Minister of Women and Child Development Smriti Irani, who introduced the bill in the Rajya Sabha, said.

But an increase in the number of special courts would not necessarily lead to a reduction in pendency of cases, said Kumar.

For instance, fast-track courts do not address the problem of vacancies in courts. Special courts constituted under the POCSO Act will have judges not below the rank of a sessions judge and will be appointed from the same pool of judges.

With 28.7 million cases pending in district and subordinate courts, there are currently 17,891 judges against the required strength of 22,750, according to the 2018-19 Economic Survey. There are over 4 million cases pending in the country’s high courts, which would need 8,152 more judges to resolve. High courts have 62% of the sanctioned judges, with only 671 out of 1,079 judges’ positions filled, according to the economic survey.

Activists said that creating a child-friendly environment in courts is important so that the judicial and administrative process does not add to the trauma of the child. In the Indian judicial system, both judges and special public prosecutors need more training to handle sensitive cases, Kumar said. For instance, the Juvenile Justice Board is headed by a principal magistrate who hears cases only related to children, which helps them be more sensitive and give all their time to such cases.

Further, the bill should have tried to lay down rules to improve police investigation into these cases. For instance, the Supreme Court, in response to a public interest litigation on the alarming rise in reported child rape incidents, slow investigations and time in receiving lab reports, suggested designated forensic science laboratories in every district of the country for the POCSO Act.

One-stop centres
The amended POCSO Act provides for the setting up of one-stop centres where child victims can get shelter, medical assistance, counselling and legal aid, all under one roof. Activists welcomed this provision.

However, these shelter homes would need to be monitored. For instance, 100 complaints of child sexual abuse were made at a single one-stop centre in Haryana, according to a response to a Right to Information (RTI) request filed by Aseem Takyar, an activist, the Times of India reported on June 6, 2019.

Activists said the child support system should be further strengthened and victims should be provided with counselling and financial compensation for their mental and physical well-being while the case is underway.

Lack of process for compensation
The National Legal Services Authority (NALSA) compensation scheme for survivors and victims of rape will work as a guideline for special courts to award compensation, a Supreme Court bench had ruled in 2018, and had asked the government to make compensation rules under the POCSO Act itself.

But even after the amendment, no rules have been framed by the women and child development ministry. Further, the bill does not say who gets the compensation if the child dies.

Gaps remain in the implementation of the compensation scheme. For instance, from 2013 to 2018, 3,153 cases were registered under POCSO in 25 districts of Tamil Nadu. In only 95 of these cases was the victim given interim compensation, according to the response to an RTI request filed by a non-governmental organisation, as reported by The New Indian Express on February 3, 2019.

Antiquated view of consensual sex
The legislation takes an antiquated view in the treatment of consensual sex between young adults. POCSO Act does not consider adolescents from 16-18 years of age as consenting adults who can indulge in sexual activities and fails to distinguish between consensual sex and sexual abuse. This is often misused by families to cover up cases of elopement and inter-caste marriages.

In a recent case, the Madras High Court suggested that the age defining a ‘child’ should be reduced from 18 to 16. The court also noticed that the POCSO Act needs to take into account the age-gap between the abuser and the victim to differentiate between teenage consensual relationships and sexual abuse. 

(Ali is an IndiaSpend reporting fellow.)

Courtesy: India Spend
 

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Why India’s Children Must Wait Till 2022 To Get Justice Under Law Meant To Protect Them https://sabrangindia.in/why-indias-children-must-wait-till-2022-get-justice-under-law-meant-protect-them/ Mon, 05 Nov 2018 06:36:11 +0000 http://localhost/sabrangv4/2018/11/05/why-indias-children-must-wait-till-2022-get-justice-under-law-meant-protect-them/ Mumbai: Cases registered over four years to 2016 under the Protection of Children from Sexual Offences (POCSO) Act, 2012, a law meant to protect children and hasten prosecution, will end only by 2022 based on the current rate of disposal, according to a new study. Kolkata: Children participate in an awareness rally against child abuse. […]

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Mumbai: Cases registered over four years to 2016 under the Protection of Children from Sexual Offences (POCSO) Act, 2012, a law meant to protect children and hasten prosecution, will end only by 2022 based on the current rate of disposal, according to a new study.


Kolkata: Children participate in an awareness rally against child abuse.

Gujarat and Arunachal Pradesh, which reported the greatest backlog, will take 55 and 101 years, respectively, to finish with such cases, according to a study by Kailash Satyarthi Children’s Foundation (KSCF), an advocacy run by an Indian Nobel laureate.

The number of cases registered under POCSO increased 151% from 2009 to 2014, IndiaSpend reported on August 22, 2015.

More than 104,976 cases were registered between 2014-2016, according to National Crime Records Bureau (NCRB) data.

While only 10% trials were completed, the conviction rate was 30% for 2016.
 

Completion Of Trials & Conviction Rate Under POCSO, 2015-16
  2015(%) 2016(%)
Completion of trials 12 10
Conviction rate 36 30

Source: Kailash Satyarthi Children’s Foundation

Keeping the disposal rate of 2016 (10%) constant, some states such as Punjab and Nagaland would take about two years, while states such as Gujarat and Arunachal Pradesh would take more than 50 years to complete cases registered until 2016.


Source:Kailash Satyarthi Children’s Foundation , Crime in India 2016, National Crime Records Bureau
Until 2012, when POCSO was passed, sexual offences against children were covered under three sections of the Indian Penal Code (IPC): Rape under Section 376, outraging modesty of a woman under Section 354 and unnatural sexual acts under Section 377.

With the introduction of POCSO, other forms of harassment were also included. Most importantly, the Act was made gender-neutral and specifically designed to protect child rights and ensure the judicial system would be child-friendly.

Investigations by the police should be completed within two months and the trials within six months, according to amendments made to the POCSO Act and Code of Criminal Procedure (CrPC) by an ordinance in May 2018.

The Supreme Court later ordered high courts to ensure POCSO cases were heard by designated special courts, allowed no adjournments by POCSO judges and constituted special investigative task forces by state police chiefs, the Hindu reported on May 1, 2018.

Why cases are pending under POCSO law
“There has been a rise in the number of cases being registered because of increased awareness and mandatory reporting,” said Yashwant Jain, member, National Commission for Protection of Child Rights (NCPCR), which oversees POCSO.

NCPCR, under the ministry of women and child development, monitors investigations, trials and establishes child welfare committees, special courts and public prosecutors.  

“This has led to the number of cases being more against the number of courts present to deal with them,” said Jain.

“Apart from delays in police investigations, poor working strength of the judiciary adds to the pendency,” Subhadra Menon, executive director, research, KSCF, told IndiaSpend. “Sometimes, priority is given to cases registered under different sections of the IPC over cases registered under POCSO.”

The shortage of judges was documented by IndiaSpend in a three-part series (here, here, and here) and earlier this year.

Only 559 special courts are in place (84%) and only 438 (65%) special public prosecutors have been  appointed out of the 665 designated district-wise courts/prosecutors, NCPCR data show.

Constituting special courts and appointing public prosecutors does not mean that the staff increases or is even exclusive in handling POCSO cases. They are also burdened with work from regular courts, according to a 2017 study by the National Law School of India.

“There is also a delay in getting the forensic science laboratory (FSL) report, which further forces the police investigation to postpone their deadline,” Jain said.

Due to inadequate staff and infrastructure at forensic labs, 12,072 DNA samples and as many cases were pending in six central forensic labs till December 2017, the Hindustan Times reported on April 26, 2018.

Another major reason for the delay in investigations is the shortage of police personnel, said Surya Prakash B S, programme director, DAKSH, an advocacy.  

As on January 1, 2016, India was short of 500,000 police personnel, according to data from the Bureau of Police Research and Development.

“The case life cycle is at the discretion of the parties and their lawyers,” Surya said. “It is often delayed due to the adjournments from the petitioner’s side.”

Although adjournments are not allowed under the POCSO Act, they are allowed. “Senior judges should ensure that the Act is followed, which it never is, and hence cases remain pending,” Surya said.

Delay in justice has an adverse effect on survivors. “They suffer a range of psychological problems resulting in self-blame and self-harm, lack of confidence, fear and attempt to suicide,” Menon said.

(Kulkarni, a post-graduate in social work, is an intern with IndiaSpend.)

Courtesy: https://www.indiaspend.com/
 

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Honour 2012 Gram Sabha Resolution, Hand Over 2,700 Acres Land for Betel Cultivation, Stop Steel Project : PSSS https://sabrangindia.in/honour-2012-gram-sabha-resolution-hand-over-2700-acres-land-betel-cultivation-stop-steel/ Mon, 06 Nov 2017 08:41:11 +0000 http://localhost/sabrangv4/2017/11/06/honour-2012-gram-sabha-resolution-hand-over-2700-acres-land-betel-cultivation-stop-steel/ Recent media reports of 2,700 acres of land in Odisha’s Paradip Area (first given to Korea’s POSCO company and resisted by Adivasis) now being handed to a private player  for a port have been sharply resisted by the POSCO Pratirodh  Sangram Samiti.  The Committee has demanded that the construction wall around the land that was […]

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Recent media reports of 2,700 acres of land in Odisha’s Paradip Area (first given to Korea’s POSCO company and resisted by Adivasis) now being handed to a private player  for a port have been sharply resisted by the POSCO Pratirodh  Sangram Samiti.  The Committee has demanded that the construction wall around the land that was inexplicably  begun in May 2017 be stopped. 

pOSCO

It was the sustained and peaceful resistance of the people that compelled POSCO to exit finally. Despite the success of the struggle it has been recently learned hat the government of Odisha is planning to sign a Memorandum of Understanding (MOU) to hand over our land to another company namedJSW Steel Limited. JSW Steel Limited is a part of the Sajjan Jindal controlled JSW Group.

The company is likely to invest Rs 50,000 crore for the 10 mtpa steel mill and a 900 MW capacity power plant.  The company has also pledged an investment of Rs 2,000 crore to set up a captive port in Odisha’s coast at Jatadhari Muhan near Paradip.  The Committee  has declared that they  will continue to fight against this forceful acquisition of our land,

In 2011, over 2,700 acres of land was forcefully acquired by the state-owned Industrial Infrastructure Development Corporation (IDCO) for the proposed Posco project. After the POSCO announced withdrawal of its project, the government had cancelled the land allotment to Posco and kept it in its land bank.

According to the  Right to Fair Compensation and Transperancy in  Land Acquisition, Rehabilitation and Resettlement Act (LARR) of 2013 “Land acquired and possession taken over but not utilized within a period of five years from the date of possession shall in all cases revert back to the original land owner.  

However,  the protestors have alleges that the Odisha government – – to counter the pro people impact of the central law – – enacted the ‘Odisha government’s revised policy for land acquisition notified on February 7, 2015’  under which “Land acquired and possession taken over but not utilized within a period of five years from the date of possession shall in all cases revert back to the state and be deposited in the Land Bank automatically.”

Meanwhile,  the Industrial Development Corporation of Odisha (IDCO) authority has started boundary wall construction near Nuagaon in late May 2017. The boundary wall is likely to be built around 18 km covering adjacent villages Nuagaon, Govindapur, Polanga, Gadakujanga and Baynapala kondh at an estimated cost of Rs 13 crore. The wall will eventually fence off the nearby Dhinkia and Gobindpur villages too.

MEMBERS of the PPSS from Nuagaon village strongly protested against the construction of boundary wall around a 1,700 hectare piece of land on the village’s periphery. The fencing of the land by IDCO is unwarranted and illegal, as the authorities have not settled our forest rights claims. Their claim is that the vovernment of Odisha has consistently failed to recognize both their individual and community rights over forest lands under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights Act) Act (FRA) 2006.

To strongly register their protest,  residents of Nuagaon, Dhinkia and Gobindpur villages have submitted applications to the local authorities to claim their land and forest rights, but these claims have not been processed since 2011. SIGNIFICANTLY,  three different official committees i.e., the Saxena Committee, the POSCO Enquiry Committee and the FAC – found that the Forest Rights Act,  2006 had been violated in the proposed POSCO area. Besides, on several occasions in the past, the gram sabhas of the area have passed majority resolutions against any handover of their lands.

The Committee  has demanded that the government must respect the unanimous resolution passed by over 2,000 people at a gram sabha held in October 2012 that the land used for betel cultivation was under the rights provided to the gram sabha under the Forest Rights Act (FRA), 2006. If it hands these lands over to Jindal Steel instead of POSCO, the government will be committing a further criminal offence under the FRA, the Indian Penal Code (IPC) and the SC/ST prevention of atrocities Act 1989. Thus under the Forest Rights Act of 2006, this makes any handover illegal.
 
The people whose land and beetle vines are allegedly forcefully destroyed and acquired by the government for POSCO, have lost their livelihood sources and now reduced to daily wage earners. Most of these families have farmed beetle leaves for generations, which they sell to earn a livelihood. They have no other employable skills. This is  why the Samiti had given a call and are determined to re-occupy these lands and reconstruct their vineyards.

It was on March 30, 2012, that the National Green Tribunal (NGT) suspended the environmental clearance for the project, calling for a fresh review due to concerns over the original environmental impact assessment.  However about 200,000 trees were felled despite the suspension. In May 2013, the NGT reiterated the project’s lack of environmental clearance and ordered POSCO to stop felling trees. In March 2017, POSCO stated that it was withdrawing from the project and requested the Odisha government to take back the land transferred to the company.

In July 2017, our villagers have filed a petition with the Kolkata bench of the National Green Tribunal. It’s has been asserted that the Odisha government cannot put this forest land into the land bank. According to the Forest Conservation Act of 1980, the government is required to get forest ‘clearance’ or approval from the central environment ministry to use forest land for a non-forest purpose. However, there is no provision to obtain forest clearance for a ‘land bank’ under the Act. The petition adds that under the Forest Rights Act of 2006, the government cannot change the use of forest land without recognizing the land and forest rights of people living or dependent on it for generations.

At present, the PPSS is struggling to provide legal defence for a total of 420 individuals.  In addition, warrants have been issued against 2500 people, including 500 women. Of these, approximately 400 of these individuals were, in fact, arrested. The remaining 2,000 (approximately) have remained at permanent risk of arrest and being denied their liberty.
 
 
 Demands of the PSSS:
 
1.     The government must also immediately stop the construction of a boundary wall around the land and allow  communities to access common lands that have traditionally depended on for livelihoods.
2.      Urgently process individual and community forest rights claims on land it had taken over for a POSCO project instead of transferring the land to a land bank.
3.     DECLARATION: THere is no provision under law or under any act which provides for land acquisition for any land bank for any purpose. Thus the land must return to the original inhabitants.
4.     The government of Odisha must follow the Supreme Court’s ruling on the Singur issue in which  the land of farmers bought for the Tata Nano plant was returned to them,
5.     Withdraw all false and fabricated cases on VILLagers.
 

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Return Village, Forest and Community Land Acquired for POSCO Plant: Activists https://sabrangindia.in/return-village-forest-and-community-land-acquired-posco-plant-activists/ Tue, 06 Jun 2017 08:07:15 +0000 http://localhost/sabrangv4/2017/06/06/return-village-forest-and-community-land-acquired-posco-plant-activists/ Odisha government must not ignore forest rights claims on POSCO project site Several human rights, tribal rights groups, which have struggled for the enactment of historic Forest Rights Act, 2006 in the country have, in a press release vehemently criticized Govt. of Odisha for forcibly raising boundary wall over forest land acquired for POSCO and […]

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Odisha government must not ignore forest rights claims on POSCO project site

Posco

Several human rights, tribal rights groups, which have struggled for the enactment of historic Forest Rights Act, 2006 in the country have, in a press release vehemently criticized Govt. of Odisha for forcibly raising boundary wall over forest land acquired for POSCO and demand recognition of forest rights over those land of the concern villages in Jagatsinghpur district.

Rights groups ate of the view that the withdrawal of the POSCO from the site is due to consistent resistance of the local people led by Posco Pratirodh Sangram Samiti (PPSS) and after POSCO’s withdrawal due to the movement, the government of Odisha should respect the sentiments of the local people.

Emphasising the forest rights act, 2006, groups have asserted that FRA recognizes Gram Sabha as “Gram Sabha Sarkar” over the forest land and since all the 2700 acres of land Govt. of Odisha said to have been acquired for POSCO is revenue forest land falling within the revenue boundaries of 7/8 affected villages, it should be recognized as community forest resource(CFR) under FRA.”

Three different official committees i.e., the Saxena Committee, the POSCO Enquiry Committee and the FAC – found that the Forest Rights Act had been violated in the POSCO area. Besides, on several occasions in the past, the gram sabhas of the area have passed majority resolutions against any handover of their lands.

Commenting on the recent decision taken by Govt. of Odisha in High Level Clearance Authority (HLCA) meeting to hand over the 2700 acres land acquired through Industrial Infrastructure Development Corporation of Odisha (Idco) for POSCO to JSW Steel Limited, CSD said “For ten years the people of the area have been struggling against the illegal seizure of their lands. If it hands these lands over to Jindal Steel instead of POSCO, the government will be committing a further criminal offence under the FRA, the IPC and the SC/ST Atrocities Act. Thus under the Forest Rights Act, this makes any handover illegal.

Questioning the claims of Govt. of Odisha CSD, Odisha Convenor, Gopinth Majhi said “The government keeps claiming that the people in these villages support these projects. If so, why has the government not recognized their rights and taken the consent of the affected gram sabhas, as required under the Forest Rights Act? Why has it ignored all the majority resolutions passed by gram sabhas against any handover of these lands?” “If this criminal course of action is pursued by the government, all those who believe in the rule of law and in the rights of the people of this country will oppose them”.

Taking serious note of the cyclone sensitivity in the area and felling of around 200,000 trees in the area by POSCO which was stopped after the intervention of NGT in May 2013, groups have petitioned the state government to restore the lost vegetation and biodiversity in the area through the concern Gram Sabhas, the authorized bodies under the historic FRA, 2006.

CSD have also called upon the community people of the affected 7 villages to get united against the unjust acts of Govt. of Odisha and to take over the forest land as per FRA.

To recall, POSCO had signed a MoU with the state government on 22 June, 2005 and intended to set up a 12 million tonne steel plant at a cost of 12 billion dollars. This required 4004 acres land for the project.

Thanks to the consistent agitation led by Posco Pratirodh Sangram Samiti (PPSS) over land acquisition the project was delayed and as a result the company had later proposed to start work on at least 8 million tons steel capacity in the first phase. For this, the state-run Odisha Industrial Infrastructure Development Corporation (Idco) had acquired around 2700 acres of forest land for the proposed project. However when POSCO decided to withdraw from the project entirely in March 2017, that is, when Posco shelved entire the project, the State Government instead of returning the rich forest land acquired for the project has decided to preserve the acquired 2700 acres of land in the land bank for future industrial use. The boundary wall construction work was started in the site by Idco on May 18 has also been energetically protested by the locals.

Amnesty International has also brought out a detailed factsheet on the issue. Amesty says,

“The Government of Odisha must urgently process individual and community forest rights claims on land it had taken over for a POSCO project instead of transferring the land to a land bank, said Amnesty International India today. Authorities must also immediately stop the construction of a boundary wall around the land and allow communities to access common lands that they have traditionally depended on for their livelihoods.

“The land had been taken over for an integrated steel and captive power plant to be operated by South Korean steel giant POSCO (formerly Pohang Iron and Steel Company). After POSCO pulled out of the project earlier this year, Odisha’s Industry Minister announced that the land would be transferred to the Odisha Industrial Infrastructure Development Corporation (IDCO), a state agency. Authorities have begun constructing a boundary wall around the project site to prevent ‘illegal encroachments’.

“Much of the land taken over for the project between 2011 and 2013 was common land – village property which falls under the authority of local bodies, and was being cultivated by villagers. Activists say that state authorities have consistently failed to recognize local communities’ individual and community rights over forest lands under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights Act) Act (FRA). Many villagers said that they had submitted forest rights claims to local authorities, but these claims were not processed. In 2010, two committees constituted by the central government had recommended that authorities process the forest rights claims of communities before handing over the land to POSCO.

Under international human rights law, authorities are obligated to follow a genuinely consultative process with communities, and obtain the free, prior and informed consent of Indigenous peoples before taking over their land. The government is also obligated under Indian law to seek and secure the consent of the concerned gram sabhas (village assemblies) before diverting forest lands for industrial purposes. However gram sabha resolutions rejecting the project have been routinely ignored.

“The fencing of the land by IDCO is unwarranted and illegal, as the authorities have not settled forest rights claims over these lands. Villagers have engaged in betel vine cultivation for generations and passed gram sabha resolutions asserting their rights. They are determined to re-occupy these lands and reconstruct their vineyards”, said Prashant Paikrey, Spokesperson for the POSCO Pratirodh Sangram Samiti, a local movement leading the protests against the project.

The failure to respect Indigenous peoples’ right to access and use their land violates not only international law, but also India’s domestic laws on land and forest rights. The Odisha government must recognize the forest rights of the communities who depend on these lands for their livelihoods, and seek the free, prior and informed consent of the concerned gram sabhas before taking any decision to put the land to industrial use.

Also Read
1.Return Land to Villagers, Posco Pratirodh Sangram Samiti Demands
2.After defeating Posco, farmers turn to reclaim betel leaf economy
3. Victory of Anti-Posco Struggle
 
 

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Dawoodi Bohra activists jubilant over Union Minister Maneka Gandhi’s plan to abolish female genital mutilation https://sabrangindia.in/dawoodi-bohra-activists-jubilant-over-union-minister-maneka-gandhis-plan-abolish-female/ Sat, 20 May 2017 15:12:53 +0000 http://localhost/sabrangv4/2017/05/20/dawoodi-bohra-activists-jubilant-over-union-minister-maneka-gandhis-plan-abolish-female/ Female genital mutilation is a serious criminal offence under IPC and POSCO Act, 2012 inviting an imprisonment of not less than 10 years and may extend to imprisonment for life Representational image Dawoodi Bohra activists are “absolutely delighted” over the statement of Union Minister for Women and Child Development (WCD), Maneka Gandhi that the central […]

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Female genital mutilation is a serious criminal offence under IPC and POSCO Act, 2012 inviting an imprisonment of not less than 10 years and may extend to imprisonment for life


Representational image

Dawoodi Bohra activists are “absolutely delighted” over the statement of Union Minister for Women and Child Development (WCD), Maneka Gandhi that the central government will pass a law to prohibit female genital mutilation (FGM) unless the community’s headpriest [Syedna Mufaddal Saifuddin] voluntarily issues an advisory to the community to banish the practice.

Gandhi according to a report today in the Hindustan Times has described the practice of female genital mutilation (FMG, also referred to as female genital cutting, khatna) as a “criminal offence”.

On May 8, the Supreme Court has issued notices to the Centre and four state governments in response to a PIL seeking the outlawing of the shameful practice.

It is reliably understood that the WCD ministry has sent advisories to state governments pointing out that FMG is a violation of sections of the IPC and the POSCO Act.

Also read: "I do not believe in your wisdom and power anymore": A Dawoodi Bohra woman's missive to Syedna Mufaddal Saifuddin

“We will write to respective state governments and Syedna, the Bohra high priest, shortly to issue an edict to community members to give up FGM voluntarily as it is a crime under Indian Penal Code (IPC) and Protection of Children from Sexual Offenses (POCSO) Act, 2012. If the Syedna does not respond then we will bring in a law to ban the practice in India,” Gandhi told the Hindustan Times.

“This is fantastic news and absolutely welcome”, the convener of the group ‘Speak Out Against FGM’, Masooma Ranalvi told Sabrang India. The group had recently launched an online petition calling upon the WCD minister to bring a law banning the practice.

“We are very excited and very happy”, enthused Arefa Johari of Sahiyo, an organization of Dawoodi Bohra women campaigning to end the practice of what it prefers to call female genital cutting (FGC).

Also read: SC Issues Notice On PIL Seeking Complete Ban On Female Genital Mutilation

“This is something we have been working at for a very long time and we heartily welcome the minister’s statement”, Johari added.

Ranalvi told SabrangIndia her group has been holding talks with the minister on how to banish the FGM practice which is “un-constitutional, against human rights and against existing Indian laws of the land”: Indian Penal Code (IPC) and The Protection of Children from Sexual Offences Act, 2012 (POSCO Act).   

Johari stated that individual members of Sahiyo who were victims of FGC had also made representations before the WCD ministry.

Also read: Bohra women want an end to the practice of “female genital cutting": Sahiyo report

“We hope that Syedna saheb (head priest of the global Dawoodi Bohra community will abide by the laws of the land and issue an advisory to all his Indian followers to give up the practice of FGM just as he has already issued advisories to all Dawoodi Bohras living in the West,” she told Sabrang India.

Ranalvi categorically asserted that what is referred to as khatna or khahafz is not “female circumcision” as the community’s priests pretend it to be but falls within the Type 1 and Type 4 categories of FMG as described by the World Health Organisation (WHO).

Also read: Jain fasting or Bohra female circumcision, why should children bear the brunt of religious fervour?

It may be noted that FMG is considered a serious criminal act with severe consequences both under IPC and POSCO.

Section 326 of IPC: “Voluntarily causing grievous hurt by dangerous weapons or means—Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to re­ceive into the blood, or by means of any animal, shall be pun­ished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine”.
 
Section 327 of IPC: “Voluntarily causing hurt to extort property, or to constrain to an illegal act.—Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer, or from any person inter­ested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such suf­ferer to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine”.
 
Section 9 (h) (i) and (j) of the POSCO Act define Aggravated Sexual Assault as:
“(h) whoever commits sexual assault on a child using deadly weapons, fire, heated substance or corrosive substance; or
“(i) whoever commits sexual assault causing grievous hurt or causing bodily harm and injury or injury to the sexual organs of the child; or
“(j) whoever commits sexual assault on a child, which —
“(i) physically incapacitates the child or causes the child to become mentally ill as defined under clause (l) of section 2 of the Mental Health Act, 1987 or causes impairment of any kind so as to render the child unable to perform regular
tasks, temporarily or permanently”.
 
The punishment for aggravated sexual assault under the Act is “rigorous imprisonment for a term which shall not be less than 10 years but which may extend to imprisonment for life and shall also be liable to fine”.
 
In the past year members of the Dawoodi Bohra community held responsible for FMG have been jailed in Australia last year. In USA last month federal authorities have made arrests and the accused face prosecution for performing, aiding or abetting FMG.
 

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Return Land to Villagers, Posco Pratirodh Sangram Samiti Demands https://sabrangindia.in/return-land-villagers-posco-pratirodh-sangram-samiti-demands/ Wed, 03 May 2017 15:39:57 +0000 http://localhost/sabrangv4/2017/05/03/return-land-villagers-posco-pratirodh-sangram-samiti-demands/ Set to revive the agitation in Odisha, the PPS demands return of land to villagers  ​​​​​​​ Bhubaneswar: PTI reports that the Posco Pratirodh Sangram Samiti (PPSS) on Tuesday threatened to revive its agitation if the Odisha government hands over the land acquired for the Posco project to JSW for its proposed mega steel plant and […]

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Set to revive the agitation in Odisha, the PPS demands return of land to villagers 


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Bhubaneswar
: PTI reports that the Posco Pratirodh Sangram Samiti (PPSS) on Tuesday threatened to revive its agitation if the Odisha government hands over the land acquired for the Posco project to JSW for its proposed mega steel plant and demanded that the acquired land be returned to farmers.

"We will revive the agitation against any move to hand over the land for industrial purpose. JSW may be interested in the land, but we will not allow it to set up the unit in the area," PPSS president Abhaya Sahu told PTI.

The PPSS had spearheaded the agitation against setting up Posco steel plant on the land by displacing farmers. "The people will not tolerate it and more people will come forward to save the land," Sahu said claiming that at least five persons (4 from anti-Posco group and one from pro-Posco camp) had laid down their lives during anti-displacement agitation.Sahu also claimed at least 100 new betel vines have already come up on the land acquired by the state government for the Posco project.

He said the police have registered at least 32 cases against the villagers for re-occupying the land and setting up betel vines for which they have already received compensation from the government.

On claims of villagers on the land, Sahu said: "The villagers might not have legal title over the land, but they were in possession of the land for decades before they were evicted. We will not allow use of the land other than agriculture purpose."

"The villagers were making a living by raising paddy, betel leaf, drum sticks and fish ponds at the site before it was snatched away for the Posco project", Sahu pointed out. The state government, on the other hand claimed that it has already acquired 2700 acres of land for Posco project. While about 1800 acre of the land was handed over to the company, the remaining land was in government's land bank.

Meanwhile, the state government has cancelled the land allotment made to Posco for not utilising it for over three years. On 29 April, JSW chief Sajan Jindal met Odisha Chief Secretary AP Padhi and said that Posco's site could be a location for his company to set up a 10 mtpa greenfield steel mill.

"The land acquired for Posco project is now in the land bank of the state government. There has been no decision to return the land to the people as done in Singur of West Bengal. The Posco site is now in the land bank," Odisha's Industries Minister Debi Prasad Mishra told PTI.Asked whether the land would be given to JSW which was interested to set up a steel plant near Paradip, Mishra said: "No such decision has been taken so far. However, there is a marked difference between Singur and Dhinkia."

During the encroachment free drive from Dhinkia area, the state government had demolished around 1,592 betel vines and paid compensation to the farmers.
 

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Goldman Environmental Prize, Asia, 2017 for Environmentalist Activist Prafulla Samantara https://sabrangindia.in/goldman-environmental-prize-asia-2017-environmentalist-activist-prafulla-samantara/ Mon, 24 Apr 2017 14:23:27 +0000 http://localhost/sabrangv4/2017/04/24/goldman-environmental-prize-asia-2017-environmentalist-activist-prafulla-samantara/ Long Live Dongria Kondhs’ Struggle to Save Niyamgiri Hills!   New Delhi, April 24: Prafulla Samantara, National Convener, National Alliance of Peoples’ Movements and the leader of Lokshakti Abhiyan, Orissa has been awarded The Goldman Environmental Prize, Asia, 2017. The Goldman Environmental Prize honours the achievements and leadership of grassroots environmental activists for their sustained […]

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Long Live Dongria Kondhs’ Struggle to Save Niyamgiri Hills!


 
New Delhi, April 24: Prafulla Samantara, National Convener, National Alliance of Peoples’ Movements and the leader of Lokshakti Abhiyan, Orissa has been awarded The Goldman Environmental Prize, Asia, 2017. The Goldman Environmental Prize honours the achievements and leadership of grassroots environmental activists for their sustained and significant efforts to protect and enhance the Natural environment.

He has been awarded the Prize for committing his life for the peoples’ struggle and the hardships that he has faced in the historic 12-year legal battle along with Niyamgiri Suraksha Samiti that affirmed the indigenous Dongria Kondh’s land rights and protected the Niyamgiri Hills from a massive, open-pit aluminium ore mine proposed by Vedanta.

Prafulla Samantara, 65, a socialist by thoughts, has been a part of many leading Peoples’ struggles, one of which is Anti-POSCO Movement (POSCO Pratirodh Sangharsh Samiti) in Orissa. POSCO planned to invest in the mining industry, the building of a Steel Plant, captive power plant and a port in Erasama block of Jagatsinghpur District. Along with the activists like Abhay Sahoo, Prashant Paikaray, Manorama, and many others, he stood against the land acquisition process by POSCO; and has fought the legal battle in the Courts.

He has undertaken Satyagraha, hunger fasts, padyatras, rallies against the building of Dams and Barrages and the emerging issues out of it on the upper stream of river Mahanadi. Living on the campus of Lohia Academy, Bhubaneshwar, he has kept its doors open for everyone and movements struggling for equity, justice and rights-based development. Respected by peoples’ movements and academics and intellectuals alike, he has given articulation to a socialist vision for Odisha and is an ardent advocate of the open loot of the natural resources of Odisha by corporations. He has been kidnapped, assaulted and attacked on many occasions by the mining company for his activism, and continues to receive threats for his ‘anti-development’ stance. But He stands strongly against such threats by believing in “We Shall Fight, We Shall Win!”

The National Alliance of Peoples’ Movements (NAPM) welcomes the decision of the Goldman Environmental Prize and congratulates Prafulla Samantara. This is an award for the valiant struggles of the communities to save the environment and secure their right to live with dignity and oppose destruction and loot of land, water and forest by corporations in the name of development.

Medha Patkar, Narmada Bachao Andolan – NAPM, while, congratulating Prafulla Samantara for winning this award said,“It is the victory and recognition of the struggle of the Dongria Kondh tribe, the people of Niyamgiri Hills and the Comrades like Lado Sikaka and Lingraj Azad against the big Corporates. It is a victory of the movement and everyone who over the years has contributed to this struggle.  Prafulla has proved his own commitment and courage to the world and this award succeeds in countering the false propaganda of the agencies who call it an extremist movement. This is a struggle of the poorest of the poor against the biggest corporations in the world. We are proud of and supporter of his work because he is a fighter” 

Related Stories:

1. Attempts to Kidnap Tribal Rights Leader Prafulla Samantara Foiled, Allegations of Corporate Crime
 

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Victory of Anti-Posco Struggle https://sabrangindia.in/victory-anti-posco-struggle/ Tue, 28 Mar 2017 09:42:03 +0000 http://localhost/sabrangv4/2017/03/28/victory-anti-posco-struggle/ People United Shall Always Be Victorious ! (Photo Courtesy : The Hindu) Big news – at times – go completely unnoticed. (Thanks to the mediatised times we are passing through) And thus it did not appear surprising that the decision by Posco, the South Korean steelmaker, the fourth biggest in the world, to exit the […]

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People United Shall Always Be Victorious !


(Photo Courtesy : The Hindu)

Big news – at times – go completely unnoticed.

(Thanks to the mediatised times we are passing through)

And thus it did not appear surprising that the decision by Posco, the South Korean steelmaker, the fourth biggest in the world, to exit the proposed 12 million-tonnes a year steel plant in Odisha did not cause much flutter. Yes, newspapers duly reported POSCO India’s ‘request to the Odisha government to take back the land provided to it near Paradip’ where it was supposed to invest 52,000 crore Rs.’ The letter stated company’s ‘failure to start work on the proposed plant’.

Perhaps none from the media wanted to showcase a negative example which is at variance with the efforts by the powers that be to project the idea of ‘ease of doing business’ here. Undoubtedly at a time when the government is keen to attract foreign capital and inducing it in very many ways, the way in which a Corporate Major – supposed to be one of the leading in the steel sector – had to exit from its project can easily shake their confidence about investing here. Or was it to cover up the fact that over the years how the South Korean Steel Major had dealt a heavy blow to the local environment by felling down more than eight lakh trees at the project site and residents are demanding accountability and compensation over such large scale environmental destruction.  What is more disturbing has been the fact that while the Union Environment Ministry never gave permission to cut the trees the MNC with due help from the local administration and law and order machinery went ahead with it. A case has been filed before the National Green Tribunal about this issue. (http://www.orissapost.com/residents-demand-compensation-for-rampant-tree-felling-by-posco/)
Question arises why did POSCO decide to quit despite receiving continued support from the central as well as the state government? Remember the company had been handed over 1,700 acres of land by the Odisha state for the project and around 1,000 acres of land was still lying with the state which it had acquired for the project. In fact, the Odisha government went ahead with the forcible land acquisition for the steel plant despite the fact that POSCO did not have an environmental clearance for the project. And also the environmental clearance given by the Ministry of Environment and Forests (MoEF) on January 31, 2011 had also been suspended by the National Green Tribunal (NGT) on 30 March 2012.

Whether it had a ‘change of heart’ about concerns expressed by local people – who were leading and continuing with the struggle which was billed as one of the ‘largest social movements in recent times’ – about the devastation it had brought out in the lives of the people or the company decided to become ‘green’ and decided to discontinue the project.

Definitely not.

Image result for posco struggle images

Capital or capitalists never get moved by such humanitarian concerns ( which are exhibited by lesser mortals like us). Soul of capital or capitalists rest in profit only. It is the sole criterion for it to make decisions. (As an aside if capital/capitalist would have been really ‘moved’ by human misery neither we would have seen giant armament factories manufacturing weapons of death or and human trafficking becoming ‘lucrative’ business or crores of children slogging out on peanuts).

It is now history how the proposed project witnessed resistance by masses since its inception- which was spontaneous first and which later coalesced into formation of Posco Pratirodh Sangram Samiti – since the state government signed an MOU with POSCO in June 2005 to set up a steel plant on 4,004 acres of land in Kujang at a plan outlay of `54,000 crore. The project was then claimed as the ‘largest investment by any multinational in the country.’

The mass movement which compelled the company to scrap its project altogether – wherein people showed exemplary courage, determination and creativity was led by activists of CPI (Communist Party  of India) and other progressive formations – had to face brutal repression at the hands of the goons of the management which were in connivance with the police and administration. A statement issued by Posco Pratirodh Sangram Samiti (http://icrindia.co.in/mydirectory/2017/03/24/update-from-posco-pratirodh-sangram-samiti-ppss/) hailing the victory tells how four persons associated with the movement were martyred during the struggle and scores have been injured, how ‘several leaders of the movement have been jailed multiple times’ and how ‘more than 2000 warrants have been issued against the people and more than 400 false cases both men and women have been registered at the Kujang police station since 2005.’

Excerpt of a memorandum submitted by various organisations and individuals who had organised a protest in Delhi against killing of anti-Posco activists and forcible land grabbing makes it clear the intensity of violence perpetrated by the corporate–police-goonda nexus in the region to suppress the voice of the people. It said :
 

On 2nd March, hired musclemen of POSCO with the full complicity of Odisha Police threw bombs at anti-POSCO activists in Patana village, in which 4 activists were killed and several others were seriously injured. Out of the 4, 3 were killed as a direct consequence of the police’s refusal to arrive at the spot for 15 hours after the bombing, or arrange for an ambulance to take the injured to a hospital. ..(http://nsi-delhi.blogspot.in/2013/03/protest-held-in-new-delhi-against_10.html)
 

And it cannot be denied the support garnered by the movement outside the affected area also proved helpful in reaching out to a large cross section of people and create a favourable public opinion. (http://nsi-delhi.blogspot.in/2013/02/demonstration-outside-indian-embassy.html)

Image result for posco struggle images

It is noteworthy that the victory achieved by the united struggle of peasants, fisherfolks, forest dwellers to protect their land, livelihood and environment is breath of fresh air for all fighting forces in this part of the world where one finds a strange co-existence of Corporate Interests and Religion centred exclusivist politics..

But while celebrating this victory we should also bear in mind that while Posco has quit the project the issue of land acquired and transferred to Posco still remains. Odisha’s Industry minister has told the assembly that the land will be kept in a land bank and plans are being made to fence the land. As rightly pointed out by Posco Pratirodh Sangram Samity it is “illegal, undemocratic, anti-peasants, and unwarranted” and the state government “must follow the Supreme Court decision on the pattern of Singur where land of farmers acquired by Tata’s Nano plant in West Bengal was returned to them.” (http://icrindia.co.in/mydirectory/2017/03/24/update-from-posco-pratirodh-sangram-samiti-ppss/)

Another important issue is related to chopping down of thousands of tress – like mangroves, cashew nut, betel vines, fruit bearing trees – in the project area and adjoining villages. These trees had played a key role in 1999 Super Cyclone when because of the vast green cover and sand dunes, while thousands of people from nearby villages perished, people in this area remained unaffected. Now with the cutting of trees, these villages have also become vulnerable to cyclones. While substituting the natural forest looks impossible, what the government can easily do is pay compensation to these concerned villagers who remained dependent on these trees. and initiate a campaign to plant eco-friendly trees in the region.  One can be sure that people of Jagatsinghpur and adjoining areas who humbled a big corporate major with their collective efforts can as well compel the government to concede to their demands.

As rightly said by legendary revolutionary Che Guevara, people united are always victorious.

This article was first published on kafila.online
 
 

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After defeating Posco, farmers turn to reclaim betel leaf economy https://sabrangindia.in/after-defeating-posco-farmers-turn-reclaim-betel-leaf-economy/ Tue, 21 Mar 2017 11:51:33 +0000 http://localhost/sabrangv4/2017/03/21/after-defeating-posco-farmers-turn-reclaim-betel-leaf-economy/ The formal closure of Posco’s steel plant project in Odisha is seen as a victory of agrarian economy over unwanted industrialization and the betel leaf farmers of Jagatsinghpur are rejoicing, although those who lost their land face new challenges   A betel leaf vineyard in Jagatsinghpur district of Odisha. (Photo by Basudev Mahapatra) In a […]

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The formal closure of Posco’s steel plant project in Odisha is seen as a victory of agrarian economy over unwanted industrialization and the betel leaf farmers of Jagatsinghpur are rejoicing, although those who lost their land face new challenges
 

A betel leaf vineyard in Jagatsinghpur district of Odisha. (Photo by Basudev Mahapatra)
A betel leaf vineyard in Jagatsinghpur district of Odisha. (Photo by Basudev Mahapatra)

In a unique case of victory of the agrarian economy over mineral-based industrial economy, betel leaf farming in the Jagatsinghpur district of Odisha proved to be more dependable and promising than the proposed $12 billion integrated steel plant project planned by one of the world’s largest steel producer POSCO.

The betel leaf stood firm against steel and forced the South Korean steel major out of its Odisha project. POSCO confirmed the withdrawal of its project by requesting the Odisha government to take back the land transferred in its name, according to a statement by Odisha’s Industry Minister Devi Prasad Mishra made on March 18.

POSCO had suspended its the project in July 2015 and, later, by deciding to temporarily freeze the project in 2016. Experts say POSCO had to drop the idea of investment in Odisha as the project couldn’t make any progress over the years due to strong resistance by local people. Since signing a memorandum of understanding (MoU) with Odisha government for the project on June 22, 2005, POSCO faced consistent opposition from local people, many of whom were betel leaf cultivators.

Betel leaf economy
It’s important to realize the economic importance of betel leaf in order to understand the factors behind people’s fight against the gigantic project that would have attracted largest investment by a foreign company to India.

“This is not just a leaf, but the soul of our life and economy and the source of income that any industry can hardly offer to us,” said Ramesh Chandra Pashayat of Govindpur village, who had lost his betel vineyard for the POSCO project.

“After meeting all expenses and making the labor payments, I used to earn around Rs 50,000 a month from my vineyard on nearly 40 decimal of land. This apart, the cashew plants around it fetched me be Rs 30-40,000 in a season. This apart, the mango and moringa trees in the vicinity always supported our food and income,” said Sridhar Swain of the same village, while asking: “Given the fact that I don’t have any formal education, can POSCO or any other industry offer me an opportunity of this kind?”

“This is the reason why we opposed POSCO and wanted to protect our land and the dependable source of livelihood — the betel vines,” Sridhar told VillageSquare.in.
 

A transit camp lies abandoned after supporters of the Posco project were evicted. (Photo by Basudev Mahapatra)
A transit camp lies abandoned after supporters of the Posco project were evicted. (Photo by Basudev Mahapatra)

 

Stronger than steel
According to the farmers, the vineyards raised by the villagers had the potential to employ thousands of people from this locality and even from outside. The daily transaction in the betel leaf business in the area exceeded Rs 5 million.

“The cultivation of betel leaf generated significant income. Destruction through the project development promised little compared to the social, economic and cultural benefits of existing livelihoods,” notes the Routledge International Handbook of Criminology and Human Rights, based on facts collected on the ground.

As per rough estimates, a vineyard raised on an acre (100 decimal) of land usually fetches the farmer a profit over Rs 1 million every year. This means every decimal of land pays the farmer at least Rs 10,000 a year. This economics probably made the betel leaf stronger than steel and a better choice for people.

“While acquiring land for POSCO, the government offered us Rs 11,500 per decimal of land as one-time compensation money. How could a farmer sacrifice the land permanently for such a meager compensation?” questioned Bishnu Das, a betel leaf grower.

Forceful demolition
Despite strong opposition from the farmers, the government didn’t heed to their voice and demands. Going by its unilateral decision in favor of POSCO, the local administration demolished hundreds of acres of vineyards by force. “Some of the vineyard owners were forced to accept the compensation money and vacate their land while at least 32 farmers didn’t get any compensation for their vineyards,” said Nibha Samal, a farmer.

“I had spent nearly 3 lakhs of rupees to raise my vineyard on 60 decimals. The administration demolished it but didn’t pay any compensation money. The list of farmers published by the administration listed many who never had a vineyard while several of the real farmers didn’t feature in the list,” 60-year-old Shiba Bardhan told VillageSquare.in. “We have filed cases against such injustice done to us by the administration.”

“They did not only destroyed the betel vines but also cleaned the area by cutting trees around and made our green surrounding look like a desert,” said Gouri Das, a woman farmer.
 

An anguished Gouri Das, seen here with her son Ranjan Das, has lost her land to the now-abandoned steel project. (Photo by Basudev Mahapatra)
An anguished Gouri Das, seen here with her son Ranjan Das, has lost her land to the now-abandoned steel project. (Photo by Basudev Mahapatra)
 

Battle won, but challenges remain
Despite all efforts to curb the people’s movement and acquire the land, POSCO is now a lost dream for the Odisha government.  On the other hand, though the people’s movement came out victorious so far, it’s only a lose-lose situation for the people who lost their land, livelihood sources and everything for POSCO.

Their betel vines were demolished with promises that the upcoming project would provide an alternate livelihood. As the industry didn’t come, their livelihood is now completely lost.

“The compensation money they paid has been exhausted by now because we had to live without any immediate employment. The project didn’t happen. We are now reduced to daily wagers. How will we survive with a daily wage of 200 rupees?” asks an angry Gouri Das who has lost his land.

“The government forgot all its promises like an interim stipend, alternate livelihood etc. So, once farmers, we live like beggars today,” said Ramesh Das, who has not only lost his land but also has broken his hand in the conflict between people and the government over the POSCO project.

Those who extended whole-hearted support for the project and submitted their land are living a more miserable life. “The government betrayed us. We surrendered all our resources to see the industry in our area and enjoy the benefits of industrialisation. But the government couldn’t make it possible. Nor has it returned the land to us to continue our traditional economic activities like raising betel vines to make a survival,” said Tamil Pradhan, leader of people who supported the government.

The most pathetic story is of the people who sacrificed everything for POSCO and were kept by the government in a transit colony. “They were the first supporters of the project. But as POSCO decided to freeze the project, we suddenly became a burden on the government. The administration threatened to disconnect electricity and lock the houses unless we vacate the transit colony immediately and return home,” said Chandan Mohanty of Patana village, who was also the president of the POSCO Transit Colony Association.

“The administration even didn’t bother to shift us to our village safely. So, we had to negotiate with people who opposed POSCO project and came back to our village to live our own destiny,” he said with agony.

Sounds of another battle
As the plights of people keep increasing since POSCO has shown indications to withdraw its Odisha project, the discontent among people of the project area is simmering too. “Since POSCO has scrapped the Odisha project and the government has not taken any responsibility of the affected people and the land losers, the lands must be returned to people immediately,” said Tamil Pradhan who also hinted that the affected people and land losers are to hold a meeting soon to decide on the issues and to re-occupy their land.
“If the government was not sure about the intentions of POSCO, why did it take away and ruin our guaranteed sources of livelihood? Even if we get the land wherefrom we shall get money to re-raise our vineyards?” asked Jayanti Pashayat and many other farmers who have lost their land has been acquired for the POSCO project.

Even the POSCO Pratirodh Sangram Samiti (PPSS), which opposed the steel project, has announced to start a mass repossession drive in the affected villages.

However, there is very little chance for the land losers to get back their land because, as per Odisha government’s revised policy for land acquisition notified on 7th February 2015, “Land acquired and possession taken over but not utilized within a period of five years from the date of possession shall in all cases revert back to the State and deposited in the Land Bank automatically.”

“The acts of the government are highly questionable because it destroyed the sources of people’s livelihood and couldn’t bring the industry to fulfill its promises of alternate livelihood. Putting people in such a miserable state is purely anti-people and against the very spirit of democracy. We won’t allow this to continue and, also, won’t allow the farm lands to be converted for any other use,” said Abhay Sahu, president of PPSS.

“Shortly, we are going to start another movement against the government and mobilise people to repossess their farm lands and reconstruct their vineyards for the cultivation of betel leaves,” PPSS Spokesperson Prashant Paikray stated.

The sounds of another war to reoccupy the land and revival of the betel leaf economy have started reverberating in the villages surrounding the land acquired in the name of the POSCO project.

Basudev Mahapatra is a journalist based in Bhubaneswar.

This article was first published on villagesquare.in
 

The post After defeating Posco, farmers turn to reclaim betel leaf economy appeared first on SabrangIndia.

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