Wednesday, December 10, 2014

India’s Silent Apartheid: Where Is The Anger?

India’s Silent Apartheid: Where Is The Anger?
The Citizen
Violence against Dalits has been on the rise in India
NEW DELHI: News headlines are dominated by the grand jury verdict that did not indict a white police officer in the fatal shooting of African-American teen Michael Brown in Ferguson, St. Louis. The verdict itself sparked off protests across the United States, with the incident refocusing attention to issues of race, marginalisation and justice.

In India, observers are equally appalled. “How can they excuse such a blatantly racist crime?” a New Delhi-based PR executive questioned. “Black people are the victims of police shootings far, far more often than white people,” said an acquaintance who works with an advisory firm.

The anger is justified. Michael Brown’s death was no anomaly. Brown is one of at least four unarmed black men who died at the hands of police in the last month alone. While data is incomplete because no agency, as yet, tracks the number of police shootings or killings of unarmed victims in a systematic manner, it is clear that there are disproportionately high numbers of African Americans among police shooting victims in the US.

The problem with the anger, as expressed by the PR executive and the advisory firm acquaintance, is that it is selective.

Last month, a mahadalit boy was burnt alive by four upper caste men because the boy’s goat had strayed into one of their fields. The four men -- having previously thrashed the boy, who had then managed to escape -- stormed the boy’s home and set him alight after pouring kerosene on him. The boy succumbed to his injuries.

Where was the anger?

In the same month, three upper-caste men gang raped six dalit women, including four teenage girls.

Where was the anger?

A few months ago, two Dalit children were brutally beaten and rusticated from a primary school in Rajasthan for drinking water from a matka (earthen pot) used by an upper caste teacher. The incident went unreported for over two weeks.

Where was the anger?

In September, a dalit woman was brutally beaten and her house torched in Memdarganj in Nawada district, Bihar. She was accused of practising witchcraft.

Where was the anger?

Earlier this year, following tensions over the issue of the entry of Dalits into a temple, a dalit woman was beaten and stripped by higher caste assailants in Gangooru village in Belur taluk.

Where was the anger?

In June, in Gugal Kota village in Alwar, Rajasthan, a young Dalit bridegroom was attacked because he was riding a horse to his wedding. The Rajputs in the village allegedly did not like the celebrations as these were seen as being beyond the Dalits “status”, and the boy was pulled down from the horse and the guests attacked and beaten.

Where was the anger?

A few months ago, in Koliwad village in the Hubli district of Karnataka haircutting salons shut down because a few Dalit youths wanted to have a haircut but fearing reprisal from the upper caste communities, the barbers refused to do so and shut down their shops.

Where was the anger?

In July this year, a village headman ordered a retaliatory rape of Dalit girl, whilst the village stood back and watched. The girl’s brother had allegedly raped the wife of the girl’s rapist.

Where, again, was the anger?

In New Delhi, about 90 Dalit families from Haryana have been camping for extended periods to demand justice for four gangrape victims. Their demand is to bring the culprits to justice and compensation to the victims -- a demand that has thus far fell on deaf years.

In fact, violence against Dalits has been on the rise. According to data released by the National Confederation of Dalit Organisations (NACDOR), a total of 3,198 cases related to atrocities on dalits have been registered between 2004 and 2013 as against 1,305 from 1994 to 2003.

Most cases still go unreported, with Dalits -- who continue to live in the outskirts of villages, drawing water from different wells and praying in separate temples -- fearing reprisal attacks.

The National Human Rights Commission Report on the Prevention of Atrocities against Scheduled Castes says that, “every 18 minutes a crime is committed against a Dalit. Every day 3 Dalit women are raped, 2 Dalits are murdered and 2 Dalits Houses are burnt in India, 11 Dalits are beaten. Every week: 13 Dalits are murdered, 5 Dalits home or possessions are burnt, 6 Dalits are kidnapped or abducted.”

In terms of their social and economic status, “37 percent of Dalits are living below poverty in India. More than half (54%) of their children are undernourished in India. 83 per 1000 children born in Dalit community are probability of dying before the first birthday. 45 percent of Dalits do not know read and write in India. Dalits women burden double discrimination (gender and caste) in India. Only 27 percent of Dalits women give institutional deliveries in India. About one third of Dalit households do not have basic facilities. Public health workers refuse to visit Dalit homes in 33% of villages. Dalits are prevented from entering police station in 27.6% of villages. Dalit children had to sit separately while eating in 37.8% of Govt. schools. Dalits do not get mail delivered to their homes in 23.5% of villages. Dalits are denied access to water sources in 48.4% of villages because of segregation & untouchability practices. Half of India’s Dalit children are undernourished, 21% are severely underweight & 12% die before their 5th birthday. Literacy rates for Dalit women are as low as 37.8% In Rural India.”

Where, I ask, is the anger?

मोदी की सीट वाराणसी में मिले तीन लाख फर्जी वोटर

मोदी की सीट वाराणसी में मिले तीन लाख फर्जी वोटर

नवभारत टाइम्स| Nov 25, 2014, 06.36PM IST




दिनेश चंद्र मिश्र, वाराणसी

जिस वाराणासी संसदीय सीट से नरेंद्र मोदी ने 371784 वोटों से जीत हासिल की है, वहां 311057 फर्जी वोटर मिले हैं। अभी गिनती जारी है और जिला प्रशासन का अनुमान है कि फर्जी वोटरों की संख्या 647085 जा सकती है। इतनी बड़ी संख्या में फर्जी वोटर पहली बार वाराणसी में सामने आए हैं। लाखों की तादाद में मिले फर्जी वोटरों का खुलासा तब हुआ जब भारत निर्वाचन आयोग के निर्देश पर जिला प्रशासन ने मतदाता सूची का पुनरीक्षण अभियान शुरू किया। जिले के सभी पोलिंग सेंटर पर तैनात बूथ लेवल ऑफिसर से घर-घर जाकर मतदाताओं का सत्यापन करवाने के बाद इन बोगस वोटरों का खुलासा हुआ है।

वाराणसी संसदीय सीट पर हुए चुनाव में बीजेपी उम्मीदवार नरेंद्र मोदी ने आम आदमी पार्टी के अरविंद केजरीवाल को 371784 वोटों के अंतर से हराया था। तीसरे नंबर पर कांग्रेस उम्मीदवार अजय राय (75614), चौथे स्थान पर बीएसपी के विजय प्रकाश जायसवाल (60579) और पांचवें स्थान पर एसपी के कैलाश चौरसिया 45291 वोट पाकर रहे थे।

Tuesday, December 9, 2014

When Thousands Marched In The Heart Of Delhi To Warn Modi Govt. Of Its Anti-Poor Moves!

When Thousands Marched In The Heart Of Delhi To Warn Modi Govt. Of Its Anti-Poor Moves!

December 3, 2014

The Modi government came into power riding on the popular slogan of ‘Ab Ki Baar, Modi Sarkar’, and promised to lead us all to ‘Acche Din’ with a flick of our PM’s magic wand of ‘development’. What followed has left a bitter taste in the mouths of some of even those who were cogwheels in Mr. Modi’s chariot to electoral glory. What went wrong, you ask? Well, the government seems to have taken the people for a ride only to cozy up to those who oiled the machines of the said chariot and led it to victory (the people present in the march believe those were the corporations and big businesses who have made their lives miserable – Ambani, Adani et al, I am of-course just being the messenger here!). Little surprise then that the people took the slogan and cleverly turned it on its head - ‘Ab Ki Baar Hamara Adhikar’ they roared in unison marching in the heart of the capital.
Picture Credits: Piyusha Gupta
Picture Credits: Piyusha Gupta
NDTV reports that ‘hundreds of people converged’, if only they had a closer look at their own footage of the event, they would know better. Was this just an oversight, or is it yet another proof of how the mainstream media is complicit in the criminal subjugation of peoples’ rights and silencing of their voices of resistance and assertion? I accompanied thousands of people (more than 30000 according to most people) from across the country who came together under the banner of ‘National Alliance of People’s Movements‘ for the ‘adhikar rally’ that marched from Ambedkar Stadium and culminated into a massive public meeting at Jantar Mantar. In my 5 years of active participation in various movements in the city, and hence being a regular at Jantar Mantar, I can tell you that never had I seen the place bursting at the seams like it was yesterday. There was no place to sit, and the ground wasn’t visible as thousands of people were trying to squeeze in and make room for more to fit in. Thousands of people poured in from across the country, by various means (trains, buses etc.) even when most could hardly afford the trip. Many of them even camped on the streets and spent their night sleeping in the cold Delhi night with nothing but plastic sheets as cover. The fact that the mainstream media chose to ignore or misreport this extraordinary solidarity movement is testimony to the fact that the voices of the oppressed are often deliberately silenced or manipulated by big media as per their vested interests.
Picture Credits: Abki Baar Humara Adhikar
Picture Credits: Abki Baar Humara Adhikar
Coming back to the Adhikar rally, the near 4KM distance that we marched was an inspiring experience. Narmada Bachao Andolan, Pension Parishad, Anganwadi, Paschim Banga Khet Mazdoor Samity and a total of around 170 rights based organisations joined in to assert their rights and demand accountability and justice from the government. They sang songs of resistance, shouted slogans, raised their fists in anger, and swept the roads like an angry tidal wave. Many walked barefoot, some brought their little children along, some others carried bags of grain and other symbolic objects to make the message clear.
Picture Credits: Piyusha Gupta
Picture Credits: Piyusha Gupta
The placards and banners that they carried had very specific demands and questions for the government, protesting against the dilution of pro-poor policies to make way for big money. The slogans questioned the policies that the present government is hurriedly pushing through, and the others which it is trying to dilute and maim. The government has taken a U-turn and is going back on the very policies that the BJP supported when it was in the opposition.
Picture Credits: Piyusha Gupta
Picture Credits: Piyusha Gupta
The meeting at Jantar Mantar saw popular mass leaders like Medha Patkar, Aruna Roy, Kavita Krishnan, D Raja and many others addressing a huge audience on many issues that concern them. The meeting began with the host listing various issues that they had gathered to discuss. Here’s a brief look at the points raised, along with some pictures:
1) Land Rights: Many of those present have been displaced, their lands taken away from them, and others who weren’t paid proper compensation. The speaker explained how the Land Acquisition Act was being weakened to favour big business at the cost of the land and livelihood of the working class and the poor.
Picture Credits: Chandan Gomes
Picture Credits: Chandan Gomes
2) Workers Rights: The proposed changes to the Contract Labour Act and its repercussions were discussed. A majority of the workers are now being employed as contract workers in the unorganised workforce and every effort is being made to stop them from organising and forming unions to safeguard their interests and assert their rights. 8 hour working day and a day off in a week should be ensured for all workers, including domestic workers. We need to have a scientifically calculated minimum wage in the country, which should be inflation indexed. The calculation for minimum wages should be on the basis of 240 work days in a 365 day year. There is need for an Urban Right To Work, along with unemployment allowance.
Picture Credits: Piyusha Gupta
Picture Credits: Piyusha Gupta
3) Rights over the forest: Forests are home to many adivasis who are now being driven out of their homes to accommodate profit making corporations. Their lands forcibly taken, their mountains mined, and their rivers poisoned. Efforts are on to dilute the powers of the Gram Sabha that gives power to the locals to have a say on their habitat and natural resources. We have all seen the power of the Gram Sabha in Niyamgiri, where the Dongria Kondh drove out Vedanta. Also, care needs to be taken to ensure that the Gram Sabhas are not manipulated by the powerful and local elites repressing voices of the dalits and adivasis.
Picture Credits: Chandan Gomes
Picture Credits: Chandan Gomes
4) Right To Information: The RTI Act is a very useful weapon in the hands of the people to know what the Govt. is up to. Communication from the govt. is very crucial for awareness and development, and for the people to rightfully demand answers. Reportedly, efforts are on to dilute this act as well.
Picture Credits: Piyusha Gupta
Picture Credits: Piyusha Gupta
5) Right To Food: The National Food Security Act has not taken off at all, the deadline has been postponed twice. The data from the Socio-Economic Caste Census has not been released. Support to farmers in terms of a guaranteed Minimum Support Price (MSP) and decentralized procurement are issues that need urgent attention. India has the highest malnutrition and maternal mortality rates, the maternity entitlements promised in the NFSA (the scheme hasn’t even been announced yet) should be paid heed to immediately. Children’s right to food, entitlements under the NFSA, have no rules or processes. The quality of food provided in schools and Anganwadi centres should be improved – include eggs, which is nutritive and popular with children.
Picture Credits: Chandan Gomes
Picture Credits: Chandan Gomes
6) Right To Education: Almost 1 lakh government schools across the country have been closed down – 22% in Rajasthan – most of the schools that have been closed down are those that were being accessed by Dalits, Adivasis and girls. Changes are being proposed in the RTE Act to make it more friendly to private schools. The govt. should bring under 6 and 14-18 year olds under the purview of RTE as well. Inadequate number of teachers and a dire lack of teacher training has been a huge problem. About 6 lakh seats in private schools need to be filled to meet the requirement of 25% seats reservation for EWS children as per the RTE Act. Shouldn’t the government focus more on taking responsibility and strengthen the educational infrastructure to provide free quality education to all, more investment in the education sector is needed to facilitate this. Also, an important point raised was how we need to be very wary of communal propaganda creeping into school textbooks. We need to resist this attempt at saffronisation of education.
Picture Credits: Piyusha Gupta
Picture Credits: Piyusha Gupta
7) Right To Health: There have been reports of proposed cuts in spending on the Health sector where the need is to at least double the spending. The rampant commercialization and privatisation of this sector needs to be checked and the government should work extensively in improving the condition of hospitals, build more of them, and provide free healthcare and medicines. The Clinical Establishments Act is also not being implemented. What’s even more ironic is that the BJP promised free medicines in its manifesto, now they say only 50 medicines will be on the free list and even those will only be available at PHCs, so inpatients will not get any free medicines.
Picture Credits: Chandan Gomes
Picture Credits: Chandan Gomes
8) Right To Pension: The pension amount, as of Union Budget 2012-13 is INR 200 per month per person from 60 – 79 years and INR 500 per month per person for those 80 years and above, and the access to even this is not very easy. This needs to be increased as it is not possible to survive on such a meager amount. There is need for universal pension scheme. If Govt. employees get 50% of their last drawn wage as pension, the same should be applied to the poor – 50% of the minimum wages. Pension should be made available to all aged citizens, single women, people living with disabilities, transgenders and sex workers. The procedure to avail this should also be made simpler.
Picture Credits: Piyusha Gupta
Picture Credits: Piyusha Gupta
9) Right To Protest: The renewed offensive on the right to protest needs to stop immediately. People resisting the destruction of natural resources, and fighting for their rights to livelihood are often punished and silenced for demanding justice or even posing questions.
Picture Credits: Chandan Gomes
Picture Credits: Chandan Gomes
10) Women’s rights: Women’s right to freedom without fear and a dignified livelihood should be taken care of. With the increasing instances of violence against women and their systematic subjugation, there is an urgent need to take concrete measure and implement policies that ensure that the discrimination and subjugation is put to an end.
Picture Credits: Piyusha Gupta
Picture Credits: Piyusha Gupta
11) Dalit, Adivasi, Bahujan and other minority rights: The communal polarisation by the RSS and their ploy to strengthen hierarchies of caste should not be tolerated. We must resolve to reject all such hierarchies, and defeat the RSS ideology. Also, the factors facilitating this structural oppression need to be fought with vigour. Ambedkar’s vision of the annihilation of caste is the way forward.
Viable solutions were also proposed to facilitate this change. India is among the lowest spenders on social services in proportion to the GDP. We also have one of the lowest tax-GDP ratios in the world. Resource mobilization through progressive taxation is the need of the hour. Tax exemption and other concessions to the corporate sector needs to be reduced; a lot of resources, including cheap giveaways, go into this. Budget cuts and low funding can not be justified.
Picture Credits: Piyusha Gupta
Picture Credits: Piyusha Gupta
The massive intersectional solidarity in the event further strengthens my belief that a mass peoples’ movement to assert rights and demand justice is the only way forward to egalitarianism and social justice. ‘Ladke lenge hamara adhikar, hum cheen ke lenge hamara adhikar’ as they said. For the people present, the state has become the oppressor, and as they say ‘freedom is never voluntarily given by the oppressor’, hence the need for such assertion and solidarity, for it is in fact about freedom, the freedom to live a dignified life, to exercise their constitutional rights and demand social justice.
To know more about what I think of this story, follow me on twitter at @Akhil1490

Disputes over land for industry on the rise in India, angering locals - charities

Disputes over land for industry on the rise in India, angering locals - charities

Photo
Wed, Nov 26 2014
By Nita Bhalla
NEW DELHI (Thomson Reuters Foundation) - Civil unrest in India is expected to worsen after a 30 percent rise in two years in the number of disputes between local communities and authorities taking over land for industrial projects, charities said on Wednesday.
Most of the conflicts over land takeovers by state authorities, often acting for private investors, were recorded in mineral-rich, forested regions such as Odisha, Andhra Pradesh, Jharkhand, Meghalaya and Assam, they said.
Much of the land involved was vital for India's impoverished tribal communities which make up more than 8 percent of its 1.2 billion population.
Many of them live on the margins of society, inhabiting remote villages and eking out a living from farming, cattle rearing and collecting and selling forest produce.
Disputed land takeovers currently affect one quarter of India's 664 districts, according to a new map drawn by the Society for Promotion of Wasteland Development (SPWD) and the Rights and Resources Initiative (RRI).
"This raises serious doubts about whether the current model of land takeover – where bureaucrats make decisions behind closed doors to displace or impoverish millions of people – is sustainable in the long run," Kundan Kumar, RRI's Asia director, said in a statement.
"Given India’s complex land and forest tenure history, transparent and accountable decision making as well as respect for people's rights are vital missing elements."
The map, based on media reports and court cases, showed there were 252 conflicts over land takeovers in 165 districts at present, compared with 177 disputes in 130 districts in 2012.
The charities said many disputes had arisen after state authorities had taken over land, often on behalf of private investors. Takeovers included acquisition of private land, diversion of forest land, and the transfer of common lands.
Since Prime Minister Narendra Modi swept to power in May on a pro-business platform, environmental and human rights groups have been concerned that his policies would disadvantage the poor and damage the environment.
The Bharatiya Janata Party-led coalition government is considering weakening a landmark law which recognises the rights of tribes over forest land, in order to clear the way for infrastructure projects such as roads and railway lines.
The map's researchers forecast considerable civil unrest in response to major projects planned over the next 15 years, which will require over 11 million hectares of land and will probably affect the livelihoods of tens of millions of people.
"Investors and financial institutions, as well as the government authorities transferring community lands to investors, must start taking the risk of land- and tenure- related conflicts seriously," said RRI's Kumar.
"Upholding communities' basic rights to their lands and resources is the only path to achieving true prosperity for India, and truly risk-free investments."
(Reporting by Nita Bhalla; Editing by Tim Pearce)
© Thomson Reuters 2014. All rights reserved. 
Thomson Reuters journalists are subject to an Editorial Handbook which requires fair presentation and disclosure of relevant interests.

Deadly target

Deadly target

Author(s): 
Issue Date: 
2014-12-15
Health experts blame Centre's over-emphasis on women's sterilisation for the Chhattisgarh tragedy
Rakha Bai is one of the women  
who underwent tubectomy at the government sterilisation camp in Takhatpur  
block of Chhattisgarh that left 13 women dead and 50 critically ill

THERE WAS nothing right about the sterilisation camp held on November 8 in Chhattisgarh’s Takhatpur block of Bilaspur district. An overambitious government doctor—with unsterilised equipment and virtually no manpower—set out to conduct laparoscopic tubectomy on 83 women in an abandoned private hospital.
The mass sterilisation led to the death of 13 women and left others critically ill.
They were admitted for treatment in the Chhattisgarh Institute of Medical Sciences, Bilaspur district hospital and Apollo hospital. The doctor who conducted the surgeries, R K Gupta, was not just ill-equipped but also in a rush to complete the surgeries. He took just five hours to perform the 83 surgeries—spending less than four minutes on each patient. A senior official, who is part of the Chhattisgarh government’s sterilisation campaign, points out that the laparoscope and other equipment need to be disinfected each time before use. “Laparoscope tubes require high-level of disinfection, which is achieved by immersing the device in a disinfectant solution for 20 minutes. Hence, the time taken for each surgery has to be more than that.” This means that Gupta, who had just one laparoscope, conducted the surgeries without taking due precaution. This is especially unsettling because he was given an award by the state government this Republic Day for performing 50,000 sterilisation procedures in his career.
The camp where the surgeries were held also violated every guideline spelt out by the Union Ministry of Health and Family Welfare (MoHFW) under the standards for female and male sterilisation in October 1999. The guidelines put a cap of 30 operations a day in a camp if two separate laparoscope instruments are used. They also make it mandatory that the camp be organised at a government facility and place a ceiling of maximum 10 sterilisations by a doctor in a day.
The Supreme Court has also reiterated these guidelines in its judgements in Ramakant Rai v Government of India, 2003, and Devika Biswas v Government of India, 2012. The judgements emphasised on the need to follow uniform procedures for sterilisation in the country.
The 2003 petition was disposed of after the Centre assured the court that the guidelines were in place. In the 2012 petition, activist Devika Biswas pointed out the urgent need for an independent organisation to investigate nationwide compliance with the 1999 guidelines. The petition was filed after a private doctor conducted a sterilisation camp at a government school at night in Bihar in January 2012. The doctor had allegedly sterilised 53 Scheduled Caste women under torchlight.
Gupta performed the operations single-handedly with a single laparoscope instrument at a private hospital—the Nemi Chand Jain hospital, 8 km from Bilaspur city. What’s more, the private hospital had been shut since April and lacked basic infrastructure. “There are several good community health centres in the region. Any of them could have been chosen. The decision to choose a dysfunctional private hospital shows how lightly government doctors take the masses,” says Yogesh Jain, coordinator, Jan Swasthya Sahyog, a non-profit working on public health in the rural and tribal areas of Bilaspur.
The authorities have, however, put the blame on spurious antibiotics. Initial reports suggest that the antibiotics that were administered to the women at the camp contained zinc phosphide, a chemical used in rat poison. “Zinc phosphide leads to suicidal tendencies and can also cause death if given in high quantities,” says Atul Gogia, internal medicine specialist at Sir Gangaram Hospital in New Delhi. The district administration has sent the samples of the antibiotics, which were manufactured by Chhattisgarh-based Mahawar Pharmaceuticals, to the Central Drugs Testing Laboratory at Kolkata. The reports are awaited.
Flawed focus
One of the main reasons for the bizarre mass surgeries by the government doctor is the mounting pressure from the Centre to increase sterilisation in the country. Talking to mediapersons, Gupta had admitted that he was under great pressure to meet sterilisation targets, a claim Union health minister J P Nadda has refuted. Nadda, days after the incident, claimed that sterilisation in India is not driven by targets but demand. However, a letter, a copy of which is in possession of Down To Earth, belies the claim.
In the letter dated October 10, the National Rural Health Mission, under the aegis of MoHFW, says that family planning is crucial to meet Millennium Development Goals. Citing the Family Planning 2020 document, the letter explains that the recently computed global goals also underline the importance of sterilisation in family planning.
Two-year-old  
Shubham is one of the 25 children who lost their mothers at the sterilisation  
camp. He and his four-month-old sister will now be raised by their maternal  
great-grandmother because there is no woman in their father's family

As an incentive to popularise sterilisation, the letter had ordered an increase in compensation to those involved in sterilisation services in 11 high focus states—Uttar Pradesh, Bihar, Madhya Pradesh, Rajasthan, Chhattisgarh, Jharkhand, Uttarakhand, Odisha, Assam, Haryana and Gujarat.
The ministry revised the September 2007 figures for compensation for sterilisation—from Rs 600 to Rs 1,400 for each woman who undergoes the procedure, and from Rs 75 to Rs 150 for the surgeon. The budget for each sterilisation was doubled from Rs 1,000 to Rs 2,000. So conducting more surgeries translates into more monetary incentive and that could have been the reason for performing so many sterilisations in a single day. Gupta must have got Rs 12,450 from the killer camp.
A recent statement by the Jan Swasthya Abhiyan (JSA), which is the India chapter of worldwide non-profit People’s Health Movement, said “the ‘camp method’ of sterilisation needs to be stopped with immediate effect as quality of care is seriously compromised in mass sterilisation programmes to meet targets.” It also demandedthat women and men need to be provided with safer contraception choices such as condoms and contraceptive pills.
Need for a paradigm shift
Health activists say the Centre’s obsession with sterilising women is fundamentally flawed. They too suggest the focus should shift to contraceptive options for males such as condoms because they are safer. “Men and women should be counselled before going for a birth control measure,” says Sulakshana Nandi, member of JSA.
She points out that all birth control measures for women damage the body. “Sterilisation has its problems. Oral contraceptive pills also have side effects. Similarly, intrauterine devices have to be used hygienically. Thus, use of condoms is the best option as it does not compromise health. Vasectomy also has less danger for men than sterilisation has for women,” she adds.
Health experts say that instead of forcing sterilisation on women, the Centre should initiate awareness camps to counsel couples about the benefits of family planning.


Don’t violate Forest Rights Act, MoEF told

Don’t violate Forest Rights Act, MoEF told

The Indian Express




Written by Jay Mazoomdaar | New Delhi | Posted: December 9, 2014 12:48 am
Following a strong letter from the Ministry of Tribal Affairs (MoTA) telling the Environment ministry (MoEF) that its orders violated the Forest Rights Act (FRA), the NDA government has shelved its plans to “rationalise” certain provisions of the FRA through executive orders.
On November 12, the MoTA wrote to the MoEF, asking it not to meddle with the FRA and withdraw its October 28 order that allowed district collectors to unilaterally clear diversion of forest land to expedite development projects.
Seeking withdrawal of the order, MoTA secretary Hrushikesh Panda in his letter to Ashok Lavasa, secretary, MoEF, pointed out that “though the Ministry of Tribal Affairs is the nodal ministry of the FRA, the Ministry of Environment, Forest and Climate Change has been issuing advisories to the states relaxing certain provisions of FRA”.
Underlining that the FRA does not provide “any scope to any executive agency for any kind of relaxation” of the applicability of the Act, the MoTA said: “The letter of 28th October takes a short-cut, which can derail the projects completely… The FRA is the law of the land. The above letter violates the law.”
Soon after, Panda and Lavasa met on November 17 and the issues, it is learnt, were subsequently discussed between Jual Oram and Prakash Javadekar, the two ministers concerned. The MoEF, claimed sources in the ministry, was forced to accept the MoTA’s position and is working on a face-saver to modify its order.
The MoEF’s October 28 circular had given district collectors unilateral powers to sanction diversion of forest land in areas notified as forest after 1930, the cutoff date for forest rights, and with no record of tribal population as per Census 2001 and 2011. Under the FRA, tribals and other forest dwelling communities have traditional rights over forests and the power to decide, through gram sabhas, if they want to allow diversion of forest land.
In a veiled reference to the growing Left-wing extremism in the forested districts across India, the MoTA letter also pointed out: “The recent announcements… of the MoEFCC… have conveyed a message that the Government is against fair implementation of the FRA. This is not desirable in the interest of peace and governance in forest areas.”
Panda and Lavasa were unavailable for comments.
At an inter-ministerial meeting chaired by the MoEF secretary on September 25, the ministry proposed exclusion of forest land outside Schedule V (tribal-dominated) areas and those notified as forests after 1930 from the consent clause of the FRA.
In response, the MoTA wrote to the MoEF on October 21, pointing out that “no agency of the government has been vested with powers to exempt application of the act in portion or in full” and any alteration of an Act other than by an amendment passed in Parliament would not be legally tenable.
That did not stop the MoEF from issuing the October 28 order. Armed with the recommendation of the TSR Subramanian committee to exempt liner projects from gram sabha approvals, the government, it is learnt, now plans to bring an amendment bill in the Budget session of Parliament.

FROM THE COLD WAR TO WAR ON TERROR

FROM THE COLD WAR TO WAR ON TERROR
December 10 is Human Rights Day. Nandita Haksar, a human rights lawyer of repute, traces the background to analyse the current violations of human rights under the war on terror being waged by governments of the world.

The Second World War has been called the deadliest conflict in history in which an estimated sixty million people died; a third of the human population in 1939. These deaths include the five million prisoners of war who perished in the gas chambers, camps and detention centres; the figure includes 11.000 Indian prisoners of war taken at the Fall of Singapore, who died in captivity. These statistics do not tell the stories of the millions of individual tragedies and the sufferings of the survivors.

It was the horror and brutalities that pushed the world’s independent states to draft a Universal Declaration on Human Rights. The idea was to include a vision of a world which would be free of fear and want. It took two years to draft a Declaration acceptable to the majority of people.

December 10, 1948

The General Assembly passed the Universal Declaration of Human Rights. But it was by no means a document acceptable to everyone; although no country voted against it. Forty-eight sovereign states voted for the Declaration; there were eight abstentions.

Saudi Arabia objected to equality of women; South Africa objected to the idea of equality of races; and the Soviet Bloc objected to the declaration on the ground it encapsulated a capitalist vision in which the individual was supreme.

The Declaration could become law only if it was elaborated into a Covenant and it would take nearly twenty years for the world to agree on the contents of the Covenant.

The Universal Declaration of Human Rights is the most celebrated document in the world; and the Guinness Book of World Records says it is the most translated document; more than 400 translations from Abkhaz to Zulu.

It took nearly three decades more for the Universal Declaration of Human Rights to become enforceable law.

January 7, 1976

There were sharp disagreements between the Western capitalist countries and the Soviet Union which had the support of the growing number of Third World states.

The dispute was whether human rights should include socio-economic, cultural rights of people such as the right to work, the right to social welfare and the right to development; or as the West argued, human rights were designed to protect individuals from State violence.

Finally, in order to accommodate the sharp political differences there were two Covenants passed which together are called the Bill of Human Rights. The Covenants are the basis of international human rights law: the International Covenant on Economic, Social, and Cultural Rights and the Covenant on Civil and Political Rights.

United States of America did not ratify the Covenants or any major human rights treaties all though the Cold War.

War and Military Interventions: 1948 to 1988

The USA interventions throughout the fifties to eighties were made in the name of curbing and curtailing Communism which it claimed to be a threat to the “free world”.

U.S. troops used a substance known as napalm from about 1965 to 1972 in the Vietnam War; napalm is a mixture of plastic polystyrene, hydrocarbon benzene, and gasoline. This mixture creates a jelly-like substance that, when ignited, sticks to practically anything and burns up to ten minutes. The effects of napalm on the human body are unbearably painful and almost always cause death among its victims.

Throughout the duration of the war, 1965 – 1973, eight million tons of bombs were dropped over Vietnam; this was more than three times the amount used in the Second World War.

In addition to dropping napalm bombs the USA used Agent Orange, a deadly defoliant, to destroy fields and forests in Vietnam. Agent Orange not only had devastating effects on agriculture but also on people and animals. The Vietnam Red Cross recorded over 4.8 million deaths and 400,000 children born with birth defects due to exposure to Agent Orange.[1]

At home the USA launched the counter-insurgency programme, COINTELPRO by the FBI. FBI agents destroyed Black Panther movement, resistance by Native Americans and even organizations fighting to end the war. One of the most famous prisoners of the time was Angela Davis. A student of Sorbonne University who was released after a worldwide campaign was launched told the FBI undercover agent: Yes I am a communist. And I will not take the fifth amendment against self-incrimination, because my political beliefs do not incriminate me; they incriminate the Nixons, Agnews and Reagans.”[2]

Burning Naga Villages, bombing Mizoram 

It was during the 1950s and 1960s that India waged her own wars in the North East region of the country in a desperate bid to put down the insurgency by the Nagas and later the Mizos.

Villages were burnt to cinders by the Indian army, women were raped and men tortured for months. Later the Indian Air Force bombed Aizwal in a bid to stop the Mizo National Front from declaring their independence from India.

This was the time the Indian Parliament passed the notorious Armed Forces (Special Powers) Act, 1958.

The Communists and the rest of the country were silent on the horrendous human rights violations of Indian citizens. They said that the insurgencies had been instigated by the CIA; even if that were true can combing of one’s own citizens be justified?

In 1975 the Congress Government declared a national Emergency. During that period hundreds of people across the country were arrested and jailed; this included opposition party leaders, students, activists and journalists.

In the aftermath of the National Emergency human rights movement in India was born.

Human Rights Discourse: Tool of Imperialism 

After the USA lost their war in Vietnam they tried to recover their lost prestige by becoming champions of Human Rights. This was the time when the USA foreign policy linked human rights to foreign aid. The 1974 Foreign Assistance Act was used by the USA to aquire moral high ground by appearing to be champions of human rights while supporting the most brutal and vicious governments;

The Reagan Administration supplied the Salvadoran military with billions of dollars worth of security assistance in its attempt to suppress a left-wing insurgency that threatened the brutal military-controlled dictatorship. The result was the deaths of over 80,000 Salvadorans. The imprecise phrase “gross violations” of human rights also allowed the United States executive the opportunity to circumvent U.S. law. American Presidents, when they want to provide aid to governments that violate human rights, simply determine that the violations do not constitute gross violations. The legislation mandates that the violations must be significant in their impact without determining the level of significance. Arbitrary imprisonment is listed as a gross violation but detention with- out charges for weeks, months or even years are not considered gross because of the relatively brief period of confinement.

Another major limitation of the legislation is “consistent pattern.” Presidents simply fail to find patterns or declare the patterns of human rights violations inconsistent, and, thereby, aid can be granted to abusing countries. For example, Carter found that in the case of Indonesia in 1979 there was not a consistent pattern of human rights violations because there was a plan to someday release the political prisoners. So, in spite of the fact that approximately 100,000 people were murdered 30,000 were still incarcerated, Indonesia was not denied U.S. security assistance.[3] These human rights violations could all be justified in the name of containing communists and communism.

Structural Adjustment Programmes 

Throughout the 1980s the West tried to manufacture consent among the human rights community that the main cause of human rights violations were the ethnic conflicts within the third world countries. One expert stated: “The fact that nearly all wars after World War II took place in the Third World” but he forgot to mention that these regimes were supported and propped up by the West.

Also a large scale human rights violations were due to the structural adjustment programmes imposed on poor countries by the International Monetary Fund.

According to UNICEF, over 500,000 children under the age of five died each year in Africa and Latin America in the late 1980s as a direct result of the debt crisis and its management under the International Monetary Fund’s structural adjustment programs. These programs required the abolition of price supports on essential food-stuffs, steep reductions in spending on health, education, and other social services, and increases in taxes.

In 1994 many activists formed a coalition against the policies of the World Bank and the IMF on the fiftieth anniversary saying “50 years is enough”.

Terrorism: an outside enemy


The War against terrorism did not begin after the attack on the Twin Towers. The USA needed to invent another enemy to replace the communist as the main enemy of freedom and liberty; another threat to democracy, human rights and freedom. That enemy was going to be Islamic terrorist.

The invention of this enemy began right from the 1970s. Right back in 1972 the General Assembly of the United Nations set up an Ad Hoc Committee to define terrorism. There was a sharp division between the US and the third world countries on who was a terrorist. The third world leaders refused to call political activists engaged in national liberation wars against foreign occupation as terrorists.

Even though many anti-terrorist law were passed in the USA in the 1990s they did not arrive at a satisfactory definition of terrorism.

The problem was to define who was a terrorist and what is terrorism? After a survey of leading academics the International Institute of Terrorism (founded in 1996, long before the attack on the Twin Towers) discovered there were 109 different definitions of terrorism.

India and the war against terror 

India also had its own war against terrorism. In 1985 it passed the Terrorism and Disruptive Activities Act. Large scale human rights violations were committed by the police and finally the Act was allowed to lapse in 1995.

On August 24, 1994 Union Minister of State for Home, Rajesh Pilot, told the Parliament: “Of the approximately 67,000 individuals detained since TADA came into force, 8,000 were tried and only 725 persons were convicted. Some 59,509 people had been detained with no case being brought against them. The TADA Review Committees found that except in 5,000 cases the application of TADA was wrong and asked for the withdrawal of cases. Despite the admissibility of the confessions made to the police as evidence – which were invariably made under torture – the conviction rate was less than 1 per cent. Yet, thousands of people underwent prolonged detention without ever being convicted. The maximum numbers of arrests under TADA were not made in Punjab, Jammu and Kashmir or North-east India but in Gujarat, which had no record of terrorism. The majority of the victims belonged to religious minorities.”

The War against Terror 

Human rights community has been alarmed by the lowering of international human rights standards in the name of security legislature in the United States and all over the world.

During the two terms of US President Ronald Reagen CIA gave aid worth five billion worth of dollars to fund the Afghan war in order to defeat the Russians. In their desire to fight communism they made radical Islam a force which they cannot control.[4]

In the name of democracy and human rights the USA has invaded

A large-scale survey of Iraqi households by UNICEF, published in 2012, estimated that between 800,000 and a million Iraqi children under 18 – or about five percent of Iraqi children – have lost one or both of their parents

As of 2007 more Iraqis had lost their homes and become refugees than the population of any other country. Over 3.9 million people, close to 16 percent of the Iraqi population, have become uprooted. Of these, around 2 million have fled Iraq and flooded other countries, and 1.9 million are estimated to be refugees inside Iraq.

The American soldiers who have been in this war are suffering from mental and physical disabilities; including PTSD and amputations.

The full truth of the horrors of the war against terror would never have been exposed had it not been for a few very brave individuals, journalists and whistle-blowers. For instance, it was WikiLeaks which first exposed in November 2007 how the US had tried its best to control and restrict access of the International Committee for the Red Cross to prisoners, especially those held in solitary confinement. The US military denied that there were certain prisoners who were off-limits to the Red Cross; WikiLeaks exposed the lie. Wikileaks also exposed the fact that dogs were used to intimidate prisoners.[5]

For the founder of WikiLeaks, Julius Assange himself has been under threat of arrest for revealing government secrets. Like Assange, Edward Snowden risked his life to expose the extent of surveillance being carried out by the USA. He has had to leave his home and country and seek political asylum in another country.

For Edward Snowden and Julius Assange human rights does not offer adequate protection but the right to free speech and the right to privacy are their only legal defence and the basis for a worldwide campaign for their right to publish. Human rights law can offer legal protection to individuals but only if they can afford expensive lawyers who are trained to use human rights law in courts which are biased in favour of the government, the rich and the powerful.

Human Rights Today

There are nine million men, women and children languishing in the prisons all over the world. The highest rate of incarceration is in the USA. It is estimated that one every four Black men in the USA will be in prison at this rate.

Eighty per cent of humanity does not have adequate food to eat. It is estimated there are 30 million slaves in the world and many of these include girls and women who are trafficked.

In India between 1980 and 2010 twelve million girls were aborted. This gendercide has resulted in 37 million more men in India than women.

The world is not getting any safer; it is still racist and patriarchal; and it is unjust and increasingly conservative and authoritarian.

For these millions of people who go hungry every day, watch their children die of curable diseases because they cannot afford medical expenses; for those who sleep out in the cold Human Rights Day is meaningless. For the millions of men, women and children who are victims of human rights violations the Bill of Rights offers very little solace. They must find other means to resist the occupation of their country by foreign troops, the denial of human rights by their governments and the fight the unfair international order.