200 Days of Unjust Arrest: Free Akhil Gogoi, Bittu Sonowal, Dhaijya Konwar and Manas Konwar | Condemn State Repression on Democratic Activists in Assam
napm india
National Alliance of People's Movements (NAPM)National Office: 6/6,Jangpura B, New Delhi – 110 014
E-mail:napmindia@gmail.com | Web:www.napm-india.org
Free Akhil Gogoi, Bittu Sonowal, Dhaijya Konwar and Manas Konwar
NAPM Condemns 200 Days of Unjust Arrest! Withdraw All Fake Charges
Uphold Right to Democratic Protest against Communal & Extractive Agenda of BJP!
29th June, 2020: As we mark 200 days of the absolutely unjust arrest of the mass leader of KMSS-Krishak Mukti Sangram Samiti, Akhil Gogoi on draconian charges, National Alliance of People’s Movements (NAPM) demands his immediate release and withdrawal of all ill-conceived charges foisted against him. We also demand the release of young leaders Bittu Sonowal, Dhaijya Konwar and Manas Konwar associated with KMSS and its sister organizations. We salute the spirit of these young people of Assam who are fearlessly fighting a communal and fascist regime, and its divisive laws, in the face of intense repression.
As is well-known, Akhil Gogoi was arrested on 12th Dec 2019, from Jorhat, sent to NIA custody for 10 days in Delhi, and taken back and lodged in Guwahati Central Jail since 26th Dec. KMSS Secretary Dhaijya Konwar and Bittu Sonowal, President of Chatra Mukti Sangram Samiti, a popular democratic student org in Assam, were arrested on 13th Dec and lodged in Guwahati Central Jail. On 7th Jan, both of them were tagged in the same fake UAPA case with Akhil Gogoi and are currently in NIA custody in Kamrup district. Manas Konwar was arrested on 13th Dec, released later and re-arrested from NIA Court, Guwahati towards the end of January, 2020 being slapped with similar charges under UAPA. Earlier, the NIA failed to file a charge sheet within the mandatory 90 days, which warranted Akhil's release but he was immediately arrested for other cases.
Akhil had secured bail in three other cases under Sivasagar PS, Dibrugarh PS and Guwahati Crime Branch, but to maintain his custody, frivolous charges are being pressed again, a recent one of 28th May where Akhil is charged of ‘torching a Circle office, a post office and a Bank in Chabua’ on 12th December. Such tactics have been going on, throughout these six months of incarceration, when the farce of ‘trial’ itself becomes the punishment! The gross abuse of the legal process and travesty of justice is all too obvious in these cases, as it is, in the state hounding of muslims and students in the ‘Delhi Riots investigation’ case or the Bhima Koregaon case, where 11 activists, some of them between 60-80 years are jailed, even in Covid-times !
The Government of Assam in cohorts with the Centre, has also tried its best to establish that Akhil and KMSS/SMSS leaders have had ‘Maoist links’ and were operating in Assam, ‘planning to wage a war against the nation’! The Govt and the National Investigation Agency (NIA) has so far not been able to produce any substantive evidence or prove any of the charges against the arrested leaders. Akhil now has 5 cases under NIA and the three other persons are yet to secure bail for cases under different police stations.
In the wake of the Covid-19 pandemic, jail safety conditions have worsened and minimum liberties of prisoners are being sabotaged. Even with a prisoner in Guwahati Central Jail testing Covid positive, not much is being done by authorities, which looks like a deliberate attempt to severe the punishment of political prisoners. Akhil’s health has also been deteriorating. On 25th June, inmates of Guwahati prison staged a protest against the deplorable jail conditions during a pandemic and demanding release of Akhil Gogoi and his associates.
The Government, which was taken aback with the mass social dimension of the popular uprising against the blatantly communal Citizenship Amendment Act in Assam started targeting genuine voices and organisations who work on cross community lines, raise questions of federalism, state resources and against state repression, along with asking the State to address the migration question in a just and democratic manner.
The arrests of these activists is a brazen attack of the State on the Krishak Mukti Sangram Samiti, Satra Mukti Sangram Samiti, Chah Shramik Mukti Sangram Samiti, Nari Mukti Sangram Samiti and all democratic organizations that question the State’s failures and genuinely seek to address complex questions of inequities. It is shameful that despite wide-spread protests and even international condemnation from the United Nations, the Government continues to jail these activists.
Akhil and KMSS have been a strong and popular voice against incautious and destructive large dams, extraction of resources and development projects which can foster damage to local population and ecology, opening of the many unlawful toll-gates to harass citizens and thereby are potential targets of a fascist Govt, especially when Assembly elections are approaching and all failures and loopholes of Government are in light for everyone to see.
KMSS has also been at the fore-front of many struggles, effectively using RTI and in defending rights of landless peasants, rural and urban poor with its grassroot activists, mobilizing masses against Governments who have given in to their own and corporate profits over the lives of indigenous and tribal people. Even during the Congress regime, Akhil was involved in exposing many scams and launched anti-corruption mass movements in Assam. NIA while conducting raids at his home, was looking for many of such files which name political leaders and business tycoons.
NAPM demands the immediate release of all Akhil Gogoi, Bittu Sonowal, Dhaijya Konwar and Manas Konwar and withdrawal of all false charges level against them. We call upon the Full Bench of the Guwahati High Court to immediately intervene in this case of gross delay and abuse of the legal process and free all the activists, unconditionally.
We stand in solidarity with the autonomous and democratic organizations and activists in Assam who protest against the communal & extractive agenda of BJP and other exploitative political entities, with a strong belief in constitutional values, peace and human rights.
We call upon the Government to put an end to this vicious episode of clamp-down and instead engage in a serious and meaningful dialogue with the people of the state to address some of the long-standing issues in an amicable way, upholding the rights of all sections, in particular the marginalized and disenfranchised communities.
Medha Patkar, Narmada Bachao Andolan (NBA) and National Alliance of People’s Movements (NAPM); Dr. Sunilam, Adv. Aradhna Bhargava, Kisan Sangharsh Samiti; Rajkumar Sinha, Chutka Parmaanu Virodhi Sangharsh Samiti, NAPM, Madhya Pradesh;
Aruna Roy, Nikhil Dey, Shankar Singh, Mazdoor Kisan Shakti Sangathan (MKSS), National Campaign for People’s Right to Information; Kavita Srivastava, People’s Union for Civil Liberties (PUCL); Kailash Meena NAPM Rajasthan;
Prafulla Samantara, Lok Shakti Abhiyan; Lingraj Azad, Samajwadi Jan Parishad & Niyamgiri Suraksha Samiti, Manorama, Posco Pratirodh Sangram Samiti; Lingaraj Pradhan, Satya banchor, Anant, Kalyan Anand, Arun Jena, Trilochan Punji, Lakshimipriya Mohanty and Balakrishna Sand, Manas Patnaik, NAPM Odisha;
Sandeep Pandey (Socialist Party of India); Richa Singh & Rambeti (Sangatin Kisaan Mazdoor Sangathan, Sitapur); Rajeev Yadav & Masihuddin bhai (Rihai Manch, Lucknow & Azamgadh); Arundhati Dhuru & Zainab Khatun (Mahila Yuva Adhikar Manch, Lucknow), Suresh Rathaur (MNREGA Mazdoor Union, Varanasi); Arvind Murti & Altamas Ansari (Inquilabi Kamgaar Union, Mau), Jagriti Rahi (Vision Sansthan, Varanasi); Satish Singh (Sarvodayi Vikas Samiti, Varanasi); Nakul Singh Sawney (Chal Chitra Abhiyan, Muzaffarnagar); NAPM Uttar Pradesh
P. Chennaiah, Andhra Pradesh Vyavasaya Vruthidarula Union-APVVU, Ramakrishnam Raju, United Forum for RTI and NAPM, Chakri (Samalochana), Balu Gadi, Bapji Juvvala, NAPM Andhra Pradesh;
Jeevan Kumar & Syed Bilal (Human Rights Forum), P. Shankar (Dalit Bahujan Front), Vissa Kiran Kumar & Kondal (Rythu Swarajya Vedika), Ravi Kanneganti (Rythu JAC), Ashalatha (MAKAAM), Krishna (Telangana Vidyavantula Vedika-TVV), M. Venkatayya (Telangana Vyavasaya Vruttidarula Union-TVVU), Meera Sanghamitra, Rajesh Serupally, NAPM Telangana;
Sister Celia, Domestic Workers Union; Maj Gen (Retd) S.G.Vombatkere, NAPM, Nawaz, Dwiji, Nalini, NAPM Karnataka
Gabriele Dietrich, Penn Urimay Iyakkam, Madurai; Geetha Ramakrishnan, Unorganised Sector Workers Federation; Suthanthiran, Suthanthiran, Lenin & Arul Doss, NAPM Tamilnadu;
Vilayodi Venugopal, CR Neelakandan, Prof. Kusumam Joseph, Sharath Cheloor, Vijayaraghavan Cheliya, Majeendran, Magline, NAPM, Kerala;
Dayamani Barla, Aadivasi-Moolnivasi Astivtva Raksha Samiti; Basant Hetamsaria, Aloka Kujur, Dr. Leo A. Singh, Afzal Anish, Sushma Biruli, Durga Nayak, Jipal Murmu, Priti Ranjan Dash, Ashok Verma, NAPM Jharkhand;
Anand Mazgaonkar, Swati Desai, Krishnakant, Parth, Paryavaran Suraksha Samiti; Nita Mahadev, Mudita, Lok Samiti; Dev Desai, Mujahid Nafees, Ramesh Tadvi, Aziz Minat and Bharat Jambucha, NAPM Gujarat;
Vimal Bhai, Matu Jan sangathan; Jabar Singh, Uma, NAPM, Uttarakhand;
Manshi Asher and Himshi Singh, Himdhara, NAPM Himachal Pradesh
Eric Pinto, Abhijeet, Tania Deavaiah and Francesca, NAPM Goa
Gautam Bandopadhyay, Nadi Ghati Morcha; Kaladas Dahariya, RELAA, Alok Shukla NAPM Chhattisgarh;
Samar Bagchi, Amitava Mitra, Binayak Sen, Sujato Bhadro, Pradip Chatterjee, Pasarul Alam, Amitava Mitra, Tapas Das, Tahomina Mandal, Pabitra Mandal, Kazi Md. Sherif, Biswajit Basak, Ayesha Khatun, Rupak Mukherjee, Milan Das, Asit Roy, Mita Bhatta, Yasin, Matiur Rahman, Baiwajit Basa, NAPM West Bengal;
Suniti SR, Sanjay M G, Suhas Kolhekar, Prasad Bagwe, Mukta Srivastava, Yuvraj Gatkal, Geetanjali Chavan, Bilal Khan, Jameela, Ghar Bachao Ghar Banao Andolan; Chetan Salve, Narmada Bachao Andolan, NAPM Maharashtra; Pervin Jehangir.
Faisal Khan, Khudai Khidmatgar, J S Walia, NAPM Haryana;
Guruwant Singh, NAPM Punjab;
Kamayani Swami, Ashish Ranjan, Jan Jagran Shakti Sangathan; Mahendra Yadav, Kosi Navnirman Manch; Sister Dorothy, Aashray Abhiyan, NAPM Bihar;
Rajendra Ravi, NAPM; Bhupender Singh Rawat, Jan Sangharsh Vahini; Anjali Bharadwaj and Amrita Johri, Satark Nagrik Sangathan; Sanjeev Kumar, Dalit Adivasi Shakti Adhikar Manch; Anita Kapoor, Delhi Shahri Mahila Kaamgaar Union; Sunita Rani, National Domestic Workers Union; Nanhu Prasad, National Cyclist Union; Madhuresh Kumar, Priya Pillai, Aryaman Jain, Divyansh Khurana, Evita Das; Anil TV, Delhi Solidarity Group, MJ Vijayan (PIPFPD)
National Alliance of People’s Movements
National Office : 6/6, Jangpura B, Mathura Road, New Delhi 110014
Phone : 011 24374535
Web : www.napm-india.org | napm...@gmail.com
napm india
National Alliance of People's Movements (NAPM)National Office: 6/6,Jangpura B, New Delhi – 110 014
E-mail:napmindia@gmail.com | Web:www.napm-india.org
(इस पत्र का हिन्दी अनुवाद नीचे है )
4th July, 2020
To,
Chief Minister,
Govt. of Bihar
Sub: Immediate Purchase of Maize Crop by Govt. as per minimum support price (MSP) and disbursement of proceeds to farmers as well as payment of ‘loss differential’ between market price and MSP for previous season maize sale, as per PM-AASA.
Sir,
We the undersigned members of the National Alliance of People’s Movements, an all-india coalition of social movements are writing to you in solidarity with the demands of thousands of farmers in North Bihar and the Satyagraha of Kosi Nav Nirman Manch.
We would like to submit that maize farming has become a lifeline for farmers in many districts of North Bihar including Kosi and Seemanchal. But sadly, the government is not purchasing maize at the minimum support price (MSP), despite the fact that the Prime Minister's Annadata Aay Suraksha Abhiyan (PM-AASA) promises purchase of all coarse grains including wheat, paddy and cotton. The Covid-19 induced lockdown has resulted in the fall of maize-based industries and additional imports of maize have also led to a low market price for maize.
According to the Commission for Agriculture Costs and Prices (CACP), the minimum cost to produce 1 quintal of maize is Rs. 1,213/-. However, in reality, the cost of production of 1 quintal maize is much more than the present market price. In the last financial year, the market price per quintal for maize was between Rs 2,000 /- to Rs. 2,400/-, while this year, the price per quintal has dropped by nearly half to a mere Rs 900/- to 1,100/-.
This year, the farmers’ distress has doubled; firstly, the Covid induced lockdown hit even before the crop was ready. Secondly, the lack of storage facilities forced farmers to sell their crop at nearly quarter of the price, especially since the monsoon increases the threat of grains rotting. Due to the lockdown, many relatives who used to contribute to the household by migrating for work have returned. These contributing members have not only stopped earning, but are now also dependent on the farmer for support. Investing in maize is not cheap or easy and the maize farmer often has to take several loans from individuals and financial institutions.
In such a situation, it is the complete responsibility of the state government and central government to purchase maize at MSP and pay the farmers immediately. The central and state governments should jointly pay not only the minimum support price, but also the difference of market price to the farmers who have sold maize at abysmally low rates.
If the Central Government is calling for an ‘Atma-Nirbhar’ (self-sufficient) India, then it should ban the import of maize and save the farmers of the country from this deepening crisis. If the state intends to increase employment to the returning migrant workers and speed up industrialization, then it is crucial that the State buy, store, and increase the industries based on maize.
Many farmers organisations and other organisations have repeatedly written to you in this regard. In fact, Kosi Nav Nirman Manch (KNNM) even organised a four-day Satyagraha after which the local administration reportedly assured that they would forward the demands of farmers to you. However, the the sale hasn’t yet begun and the farmers have been left with no choice but to continue and intensify the struggle.
It is our earnest request that the purchase of maize at MSP be initiated at the earliest and that the proceeds from the sale reach the producer immediately.
We also urge your Govt to immediately pay farmers the difference in amount between the MSP and the very low market rates at which they sold their maize crop in the last season, as per PM-AASA.
Looking forward to an acknowledgement of our concerns, the demands of farmers and hoping you will do the needful at the earliest.
Thanking You,
Medha Patkar, Narmada Bachao Andolan (NBA) and National Alliance of People’s Movements (NAPM); Dr. Sunilam, Adv. Aradhna Bhargava, Kisan Sangharsh Samiti; Rajkumar Sinha, Chutka Parmaanu Virodhi Sangharsh Samiti, NAPM, Madhya Pradesh;
Aruna Roy, Nikhil Dey, Shankar Singh, Mazdoor Kisan Shakti Sangathan (MKSS), National Campaign for People’s Right to Information; Kavita Srivastava, People’s Union for Civil Liberties (PUCL); Kailash Meena NAPM Rajasthan;
Prafulla Samantara, Lok Shakti Abhiyan; Lingraj Azad, Samajwadi Jan Parishad & Niyamgiri Suraksha Samiti, Manorama, Posco Pratirodh Sangram Samiti; Lingaraj Pradhan, Satya banchor, Anant, Kalyan Anand, Arun Jena, Trilochan Punji, Lakshimipriya Mohanty and Balakrishna Sand, Manas Patnaik, NAPM Odisha;
Sandeep Pandey (Socialist Party of India); Richa Singh & Rambeti (Sangatin Kisaan Mazdoor Sangathan, Sitapur); Rajeev Yadav & Masihuddin bhai (Rihai Manch, Lucknow & Azamgadh); Arundhati Dhuru & Zainab Khatun (Mahila Yuva Adhikar Manch, Lucknow), Suresh Rathaur (MNREGA Mazdoor Union, Varanasi); Arvind Murti & Altamas Ansari (Inquilabi Kamgaar Union, Mau), Jagriti Rahi (Vision Sansthan, Varanasi); Satish Singh (Sarvodayi Vikas Samiti, Varanasi); Nakul Singh Sawney (Chal Chitra Abhiyan, Muzaffarnagar); NAPM Uttar Pradesh
P. Chennaiah, Andhra Pradesh Vyavasaya Vruthidarula Union-APVVU, Ramakrishnam Raju, United Forum for RTI and NAPM, Chakri (Samalochana), Balu Gadi, Bapji Juvvala, NAPM Andhra Pradesh;
Jeevan Kumar & Syed Bilal (Human Rights Forum), P. Shankar (Dalit Bahujan Front), Vissa Kiran Kumar & Kondal (Rythu Swarajya Vedika), Ravi Kanneganti (Rythu JAC), Ashalatha (MAKAAM), Krishna (Telangana Vidyavantula Vedika-TVV), M. Venkatayya (Telangana Vyavasaya Vruttidarula Union-TVVU), Meera Sanghamitra, Rajesh Serupally, NAPM Telangana;
Sister Celia, Domestic Workers Union; Maj Gen (Retd) S.G.Vombatkere, NAPM, Nawaz, Dwiji, Nalini, NAPM Karnataka
Gabriele Dietrich, Penn Urimay Iyakkam, Madurai; Geetha Ramakrishnan, Unorganised Sector Workers Federation; Suthanthiran, Suthanthiran, Lenin & Arul Doss, NAPM Tamilnadu;
Vilayodi Venugopal, CR Neelakandan, Prof. Kusumam Joseph, Sharath Cheloor, Vijayaraghavan Cheliya, Majeendran, Magline, NAPM, Kerala;
Dayamani Barla, Aadivasi-Moolnivasi Astivtva Raksha Samiti; Basant Hetamsaria, Aloka Kujur, Dr. Leo A. Singh, Afzal Anish, Sushma Biruli, Durga Nayak, Jipal Murmu, Priti Ranjan Dash, Ashok Verma, NAPM Jharkhand;
Anand Mazgaonkar, Swati Desai, Krishnakant, Parth, Paryavaran Suraksha Samiti; Nita Mahadev, Mudita, Lok Samiti; Dev Desai, Mujahid Nafees, Ramesh Tadvi, Aziz Minat and Bharat Jambucha, NAPM Gujarat;
Vimal Bhai, Matu Jan sangathan; Jabar Singh, Uma, NAPM, Uttarakhand;
Manshi Asher and Himshi Singh, Himdhara, NAPM Himachal Pradesh
Eric Pinto, Abhijeet, Tania Deavaiah and Francesca, NAPM Goa
Gautam Bandopadhyay, Nadi Ghati Morcha; Kaladas Dahariya, RELAA, Alok Shukla NAPM Chhattisgarh;
Samar Bagchi, Amitava Mitra, Binayak Sen, Sujato Bhadro, Pradip Chatterjee, Pasarul Alam, Amitava Mitra, Tapas Das, Tahomina Mandal, Pabitra Mandal, Kazi Md. Sherif, Biswajit Basak, Ayesha Khatun, Rupak Mukherjee, Milan Das, Asit Roy, Mita Bhatta, Yasin, Matiur Rahman, Baiwajit Basa, NAPM West Bengal;
Suniti SR, Sanjay M G, Suhas Kolhekar, Prasad Bagwe, Mukta Srivastava, Yuvraj Gatkal, Geetanjali Chavan, Bilal Khan, Jameela, Ghar Bachao Ghar Banao Andolan; Chetan Salve, Narmada Bachao Andolan, NAPM Maharashtra; Pervin Jehangir.
Faisal Khan, Khudai Khidmatgar, J S Walia, NAPM Haryana;
Guruwant Singh, NAPM Punjab;
Kamayani Swami, Ashish Ranjan, Jan Jagran Shakti Sangathan; Mahendra Yadav, Kosi Navnirman Manch; Sister Dorothy, Aashray Abhiyan, NAPM Bihar;
Rajendra Ravi, NAPM; Bhupender Singh Rawat, Jan Sangharsh Vahini; Anjali Bharadwaj and Amrita Johri, Satark Nagrik Sangathan; Sanjeev Kumar, Dalit Adivasi Shakti Adhikar Manch; Anita Kapoor, Delhi Shahri Mahila Kaamgaar Union; Sunita Rani, National Domestic Workers Union; Nanhu Prasad, National Cyclist Union; Madhuresh Kumar, Priya Pillai, Aryaman Jain, Divyansh Khurana, Evita Das; Anil TV, Delhi Solidarity Group, MJ Vijayan (PIPFPD)
Copy to:
1. Chief Secretary, Govt. of Bihar.
2. Minister of Co-operatives, Govt. of Bihar.
3. Minister of Agriculture, Govt. of Bihar.
4. Principal Secretary, Dept of Co-operatives, Govt. of Bihar.
5. Principal Secretary, Dept of Agriculture, Govt. of Bihar.
6. Prime Minister’s Office (PMO), Govt of India.
7. Minister of Agriculture and Farmers Welfare, Govt of India.
8. Secretary, Dept. of Agriculture and Co-operatives, Ministry of Agriculture and Farmers Welfare, Govt of India.
4 जुलाई, 2020
सेवा में,
मुख्यमंत्री,
बिहार
विषय: न्यूनतम समर्थन मूल्य (MSP) पर मक्के की सरकारी खरीद कर, उसका भुगतान अविलम्ब शुरू कराने, पी.एम-आशा के तहत किसानों के घाटे की भरपाई “भावान्तर” दिलाने के सम्बन्ध में।
महाशय,
हम अधोहस्ताक्षरकर्ता जन आंदोलनों का राष्ट्रीय समन्वय के सदस्य है, जो देश भर के सामाजिक आंदोलनों का एक राष्ट्रीय गठबंधन है | उत्तर बिहार के हजारों किसानों की मांगों और कोसी नव निर्माण मंच के सत्याग्रह के साथ एकजुटता प्रकट करते हुए, हम आपको लिख रहे है।
उपरोक्त विषय के सम्बन्ध में निवेदन हैं कि बिहार के कोशी और सीमांचल सहित उत्तर बिहार के अनेक जिलों में मक्के की खेती किसानों की जीवनरेखा (लाईफ-लाईन) बन गयी है| मगर बड़े ही दुःख के साथ कहना पड़ रहा है कि सरकार द्वारा न्यूनतम समर्थन मूल्य (MSP) पर मक्के की सरकारी खरीदी नही हो रही है जबकि प्रधानमन्त्री अन्नदाता आय सुरक्षा अभियान (पी.एम-आसा) के तहत गेहूं, धान, कपास सहित सभी मोटे अनाजों की खरीद कराने की बात है| कोविड-19 संकट के कारण हुए लॉकडाउन के असर से मक्का आधारित उद्योगों में आयी गिरावट, बाहरी आयात से मक्के का बाजार भाव बहुत ही कम है|
कमीशन फॉर एग्रीकल्चर कास्ट एंड प्राइसेज (CACP) भी मानता हैं कि 1क्विंटल मक्का तैयार करने में न्यूनतम लागत 1,213 रूपये आता है पर वास्तव में इससे ज्यादा लागत आती है| अभी का बाजार भाव लागत मूल्य से भी बहुत कम है| पिछले वर्ष बाजार भाव में 2,000 से 2,400 प्रति क्विंटल था, पर इस वर्ष 900 से 1,100 तक है अर्थात पिछले वर्ष का लगभग आधा है| इस वर्ष किसानों को दोहरी मार झेलनी पड़ रही है - फसल तैयार होने से पहले आयी आपदाओं से फसल कम हुई तो मानसून में हो रही वर्षा होने पर, भंडारण के समुचित अभाव में औने-पौने दाम में इसे बेचने पर विवश है। वर्षा से मक्का के सड़ने का खतरा भी बढ़ गया है|
लाक डाउन के बाद किसानों के अनेक परिजन जो बाहर से कुछ कमाकर गृहस्थी में सहयोग देते थे, वे भी घर आ गये हैं जिनके खर्च की व्यस्था किसान को ही करनी हैं| मक्का फसल तैयार करने में किसान उधार और वित्तीय संस्थाओं से कर्ज लेकर इसमें लगाते हैं। इस विषम परिस्थिति में राज्य और केन्द्र सरकार का पूर्ण दायित्व है कि मक्के का न्यूनतम समर्थन मूल्य (MSP) पर सरकारी खरीद करे और उसका तत्काल भुगतान हो| कम बाजार भाव पर जिन किसानों ने मक्का बेचा है, उन किसानों को न्यूनतम समर्थन मूल्य और बाजार भाव के अंतर “भावान्तर की राशि” केन्द्र और राज्य सरकार मिलकर करे|
केन्द्र सरकार जो ‘आत्मनिर्भर भारत’ की बात कर रही है, तो मक्के के आयात पर पूर्ण प्रतिबन्ध लगाये जिससे देश के किसानों को भारी संकट से बचाया जा सके| कोविड-19 संकट में राज्य में आये मजदूरों को रोजगार देने और औद्योगीकरण को यदि तेज करना है तो मक्का जैसे कृषि उत्पादों की खरीद, भंडारण और उस पर आधारित उद्योगों को बढ़ावा देना अभी की जरूरत है|
इन मुद्दों पर किसान संगठन और अन्य कई संगठनों ने आपको अनेक बार आवेदन दिए हैं, यहाँ तक कि मधेपुरा में कोशी नव निर्माण मंच की अगुवाई में 4 दिनों तक सत्याग्रह भी हुआ। स्थनीय प्रशासन द्वारा आपको मांग-पत्र भेजा भी गया होगा, पर अभी तक खरीदी शुरू नही हुई है| किसान फिर से सत्याग्रह और आन्दोलन करने पर विवश हो रहे हैं|
ऐसे में आपसे निवेदन हैं कि मक्का की सरकारी खरीदारी न्यूनतम समर्थन मूल्य (MSP) पर जल्द शुरू कराते हुए उसके तुरंत भुगतान की व्यवस्था कराएं और अब तक जो मक्का औने-पौने दाम पर बिक चुका हैं, उसके बाजार भाव और न्यूनतम समर्थन मूल्य के भावान्तर का भुगतान कराया जाय|
आशा है कि आप हमारी चिंताओं और किसानों की मांगों को स्वीकार करते हुए, त्वरित कार्यवाही करेंगे
धन्यवाद,
जन आंदोलनों का राष्ट्रीय समन्वय के सलाहकार, संयोजन और समन्वय मण्डल की और से.. (हस्ताक्षर कर्ताओं का नाम ऊपर)
प्रति :
1. मुख्य सचिव, बिहार सरकार
2. सहकारिता मंत्री, बिहार सरकार
3. कॄषि मंत्री, बिहार सरकार
4. प्रधान सचिव, सहकारिता विभाग बिहार सरकार
5. प्रधान सचिव, कृषि विभाग बिहार सरकार
6. प्रधानमंत्री कार्यालय, भारत सरकार
7. मंत्री, कृषि एवं किसान कल्याण, भारत सरकार
8. सचिव, कृषि एवं सहकारिता विभाग, कृषि मंत्रालय और किसान कल्याण विभाग, भारत सरकार
napm india
National Alliance of People's Movements (NAPM)National Office: 6/6,Jangpura B, New Delhi – 110 014
E-mail:napmindia@gmail.com | Web:www.napm-india.org
Roll Back Problematic Amendments to the Rights of Persons with Disabilities Act, 2016
Resist Attempts to Weaken Penal Provisions that hold entities accountable for violation of RPWD Act.
Put Rights of Marginalized Citizens Before ‘Business Sentiments’
Stop the Patronizing ‘Divyang Politics’! Ensure Accessibility as a Fundamental Right!
5th July, 2020: National Alliance of People’s Movements (NAPM) is outraged at the spree of pernicious changes that the current dispensation is bringing forth to various laws to undermine the hard-won rights of citizens. Even as we deal with Covid and lockdown, we have witnessed problematic provisions being introduced through ‘proposed amendments’ to environment, labour, electricity, transgender rights and many other laws.
As part of its ‘Post-Covid Economy Revival Strategy’, the Central Govt has now hurriedly come up with a proposal to amend the Rights of Persons with Disabilities Act, 2016, (RPwD), a legislation that has a painful history of decades of struggle by lakhs of persons with disabilities across the country. Notably, while the Act itself has not been effectively implemented in the past 4 years, the Government seeks to dilute its provisions since it is ‘impacting business sentiments’ and investments from both domestic and foreign investors! Thus, far from creating an enabling and empowering environment required under the Act, the Modi Govt. is launching a veiled attack on the one of the most marginalised and neglected sections of our society.
We express
our outright condemnation of the current move to weaken the penal provisions of
the RPwD Act that actually ensures accountability towards the other enabling aspects
of the law. It is most unfortunate that the Union Social Justice and
Empowerment Ministry (MoSJE), which is charged with the responsibility to
strengthen the rights of the marginalized communities has been spear heading some
of these retrograde changes! After pushing the deeply objectionable Draft Rules
for the ‘Rights of Transgender Persons Act’ during lockdown, the Ministry has
now, through the Department of Empowerment of Persons with Disabilities,
embarked on this process of amending the RPwD Act!
The proposal put out by the Ministry a couple of days back expresses the need for “De-criminalizing Minor Offences for Improvising Business Sentiment and unclogging Court Processes” and thereby adversely strike at the core of the Act itself. The proposed amendment aims to debilitate the penalty clauses under Sections 89, 92 (a) and 93 of the RPwD Act by making certain offenses ‘compoundable’. The law, as it exists provides for the following penalties:
a) Sec 89: Any person who contravenes any of the provisions of the RPwD Act or Rules, shall for first contravention be punishable with fine upto Rs. 10,000/- and for any subsequent contravention with fine not be less than Rs. 50,000/- and upto Rs. 5 lakhs.
b) Sec 92 (a): Whoever intentionally insults or intimidates with intent to humiliate a person with disability in any place within public view shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.
c) Sec 93: Whoever, fails to produce any documents or information required as per RPwD shall be punishable with fine upto Rs. 25,000/- in respect of each offence, and in case of continued failure or refusal, with further fine upto Rs. 1,000/- per for each day, of continued failure.
The proposed amendment seeks to introduce a new Sec 95-A which provides that any offence under Sec 89, 92 (a) and 93 may either before or after the institution of proceedings, be ‘compounded’ by the Chief Commissioner for Persons with Disabilities or the State Commissioner for Persons with Disabilities with the consent of the aggrieved person with disability, by such amount and in such manner as the Central Government may, by notification, specify in this behalf. Where an offence has been compounded, the offender, if in custody, shall be discharged and any proceeding in respect of such offence, shall be dropped.
Activists working on the disability front for long, opine that penal provisions for contravening the provisions of a law enabling a marginalized section must be seen not as an ‘impediment’, but as necessary for robust compliance, leading to an inclusive and equitable society. Diluting these penalties, is akin to legitimizing offensive behaviour against persons with disabilities and making public and work spaces more unsafe and inaccessible for them. The provision against humiliation is already quite restricted, in that, it can be invoked only if such an act happens in a public space. To compromise even on that, is a complete affront on the dignity of lakhs of disabled people.
Be it noted that, for over two decades, the absence of effective penal provisions was one of the reasons for non-implementation of various provisions in the (now repealed) Persons with Disabilities Act, 1995. Further, in the absence of adequate and credible data available with the National Crime Records Bureau (NCRB) regarding actual number of cases registered under the said provisions of RPwD Act and penalties imposed, these amendments are completely preposterous.
It is also understood that while initially the ‘invitation’ to submit comments on these proposed amendments was extended towards end-June, only to 7 organizations mostly in Delhi, the Ministry, responding to criticism, subsequently put up the proposal on its website two days back, ‘seeking public feedback’. However, the deadline ‘to furnish comments’ by 10th July (mere 10 days) is woefully inadequate! Concerns have been expressed that the State Disability Commissioners have not even been informed or taken into confidence about this move. The proposal is also in an inaccessible format of communication i.e. not inclusive of all official and other diverse languages, display of text, Braille, tactile communication, large print, accessible multimedia, written, audio, video, visual displays, sign language, plain-language, human-reader, augmentative and alternative modes and accessible information and communication technology.
Sadly, the Rights of Persons with Disabilities Act, 2016 (RPwD) Act itself has never been effectively implemented as per the United Nations Convention on Rights of Persons with Disabilities, 2006. RPwD Act is a stated commitment of Govt. of India under international law that the provisions of the UN Convention (which it ratified in Oct, 2007) would be complied with in letter and spirit. However, many aspects of the Act including accessibility in all government buildings, full and effective participation and inclusion in society etc, ensuring adequate budgets and setting up the necessary monitoring infrastructure are far from implemented.
‘Ease of doing Business’ should not mean a vile negation of the hard-won rights and dignity of the marginalized. Instead of being a democracy of, by and for the people, the current regime is pushing India to become a land of, by and for corporates and big businesses! By amendments to Sec 89, 92(a) and 93, the Govt. is attempting to take away the limited teeth of the RPwD Act to ensure its compliance. This move is also in violation of the fundamental right to dignity, equality, non-discrimination, free movement and right to life of persons with disabilities under Articles 14,15,19 & 21 of the Constitution.
The Union Ministry of Statistics and Programme Implementation, in a Report of 2018 indicates that persons with disabilities constitute at least at 2.2 percent of our population, which is a huge number. The Govt. cannot bring in amendments in such a cavalier manner that would affect almost 2.68 crore people. If, all the patronizing rhetoric of 'Divyang' and Sabka Saath, Sabka Vikas aur Sabka Vishwas', ends up leaving the disability community more marginalized, it only exposes the utter callousness of this regime.
National Alliance of People’s Movements (NAPM) unequivocally opposes these amendments and calls upon the Govt. of India to listen to the experiences and concerns of disability community and immediately roll back these changes that will have an adverse impact on their well-being.
We demand that no changes to the RPwD Act, 2016 must be made in violation of the UN Convention on RPwD and without wide-ranging, inclusive and accessible consultations with the disability community and its allies, at large. Instead, the 2016 Act must be implemented, as per the framework of the UN Convention.
We stand in solidarity with all persons with disabilities, disability rights organisations and activists in their legitimate struggle against the proposal to dilute and nullify the penal provisions contained in the Rights of Persons with Disabilities Act, 2016.
We call upon all supportive political parties, state governments and other socio-political organizations and unions to take a stand against these highly violative amendments and amplify the voices of the persons with disabilities.
For any further details, contact: Ph: 7337478993, 9869984803 or E-mail:
napm...@gmail.com
Medha Patkar, Narmada Bachao Andolan (NBA) and National Alliance of People’s Movements (NAPM); Dr. Sunilam, Adv. Aradhna Bhargava, Kisan Sangharsh Samiti; Rajkumar Sinha, Chutka Parmaanu Virodhi Sangharsh Samiti, NAPM, Madhya Pradesh;
Aruna Roy, Nikhil Dey, Shankar Singh, Mazdoor Kisan Shakti Sangathan (MKSS), National Campaign for People’s Right to Information; Kavita Srivastava, People’s Union for Civil Liberties (PUCL); Kailash Meena NAPM Rajasthan;
Prafulla Samantara, Lok Shakti Abhiyan; Lingraj Azad, Samajwadi Jan Parishad & Niyamgiri Suraksha Samiti, Manorama, Posco Pratirodh Sangram Samiti; Lingaraj Pradhan, Satya banchor, Anant, Kalyan Anand, Arun Jena, Trilochan Punji, Lakshimipriya Mohanty and Balakrishna Sand, Manas Patnaik, NAPM Odisha;
Sandeep Pandey (Socialist Party of India); Richa Singh & Rambeti (Sangatin Kisaan Mazdoor Sangathan, Sitapur); Rajeev Yadav & Masihuddin bhai (Rihai Manch, Lucknow & Azamgadh); Arundhati Dhuru & Zainab Khatun (Mahila Yuva Adhikar Manch, Lucknow), Suresh Rathaur (MNREGA Mazdoor Union, Varanasi); Arvind Murti & Altamas Ansari (Inquilabi Kamgaar Union, Mau), Jagriti Rahi (Vision Sansthan, Varanasi); Satish Singh (Sarvodayi Vikas Samiti, Varanasi); Nakul Singh Sawney (Chal Chitra Abhiyan, Muzaffarnagar); NAPM Uttar Pradesh
P. Chennaiah, Andhra Pradesh Vyavasaya Vruthidarula Union-APVVU, Ramakrishnam Raju, United Forum for RTI and NAPM, Chakri (Samalochana), Balu Gadi, Bapji Juvvala, NAPM Andhra Pradesh;
Jeevan Kumar & Syed Bilal (Human Rights Forum), P. Shankar (Dalit Bahujan Front), Vissa Kiran Kumar & Kondal (Rythu Swarajya Vedika), Ravi Kanneganti (Rythu JAC), Ashalatha (MAKAAM), Krishna (Telangana Vidyavantula Vedika-TVV), M. Venkatayya (Telangana Vyavasaya Vruttidarula Union-TVVU), Meera Sanghamitra, Rajesh Serupally, NAPM Telangana;
Sister Celia, Domestic Workers Union; Maj Gen (Retd) S.G.Vombatkere, NAPM, Nawaz, Dwiji, Nalini, NAPM Karnataka
Gabriele Dietrich, Penn Urimay Iyakkam, Madurai; Geetha Ramakrishnan, Unorganised Sector Workers Federation; Suthanthiran, Suthanthiran, Lenin & Arul Doss, NAPM Tamilnadu;
Vilayodi Venugopal, CR Neelakandan, Prof. Kusumam Joseph, Sharath Cheloor, Vijayaraghavan Cheliya, Majeendran, Magline, NAPM, Kerala;
Dayamani Barla, Aadivasi-Moolnivasi Astivtva Raksha Samiti; Basant Hetamsaria, Aloka Kujur, Dr. Leo A. Singh, Afzal Anish, Sushma Biruli, Durga Nayak, Jipal Murmu, Priti Ranjan Dash, Ashok Verma, NAPM Jharkhand;
Anand Mazgaonkar, Swati Desai, Krishnakant, Parth, Paryavaran Suraksha Samiti; Nita Mahadev, Mudita, Lok Samiti; Dev Desai, Mujahid Nafees, Ramesh Tadvi, Aziz Minat and Bharat Jambucha, NAPM Gujarat;
Vimal Bhai, Matu Jan sangathan; Jabar Singh, Uma, NAPM, Uttarakhand;
Manshi Asher and Himshi Singh, Himdhara, NAPM Himachal Pradesh
Eric Pinto, Abhijeet, Tania Deavaiah and Francesca, NAPM Goa
Gautam Bandopadhyay, Nadi Ghati Morcha; Kaladas Dahariya, RELAA, Alok Shukla NAPM Chhattisgarh;
Samar Bagchi, Amitava Mitra, Binayak Sen, Sujato Bhadro, Pradip Chatterjee, Pasarul Alam, Amitava Mitra, Tapas Das, Tahomina Mandal, Pabitra Mandal, Kazi Md. Sherif, Biswajit Basak, Ayesha Khatun, Rupak Mukherjee, Milan Das, Asit Roy, Mita Bhatta, Yasin, Matiur Rahman, Baiwajit Basa, NAPM West Bengal;
Suniti SR, Sanjay M G, Suhas Kolhekar, Prasad Bagwe, Mukta Srivastava, Yuvraj Gatkal, Geetanjali Chavan, Bilal Khan, Jameela, Ghar Bachao Ghar Banao Andolan; Chetan Salve, Narmada Bachao Andolan, NAPM Maharashtra; Pervin Jehangir.
Faisal Khan, Khudai Khidmatgar, J S Walia, NAPM Haryana;
Guruwant Singh, NAPM Punjab;
Kamayani Swami, Ashish Ranjan, Jan Jagran Shakti Sangathan; Mahendra Yadav, Kosi Navnirman Manch; Sister Dorothy, Aashray Abhiyan, NAPM Bihar;
Rajendra Ravi, NAPM; Bhupender Singh Rawat, Jan Sangharsh Vahini; Anjali Bharadwaj and Amrita Johri, Satark Nagrik Sangathan; Sanjeev Kumar, Dalit Adivasi Shakti Adhikar Manch; Anita Kapoor, Delhi Shahri Mahila Kaamgaar Union; Sunita Rani, National Domestic Workers Union; Nanhu Prasad, National Cyclist Union; Madhuresh Kumar, Priya Pillai, Aryaman Jain, Divyansh Khurana, Evita Das; Anil TV, Delhi Solidarity Group, MJ Vijayan (PIPFPD), Dipa Sinha,Shivangi Agarwal
napm india
National Alliance of People's Movements (NAPM)National Office: 6/6,Jangpura B, New Delhi – 110 014
E-mail:napmindia@gmail.com | Web:www.napm-india.org
For
Urgent Attention: Review of Cost-Benefits of
Proposed Semi High-Speed Train Project
8th July, 2020
To,
Mr. Pinarayi Vijayan,
Chief Minister,
Government of Kerala
Sub: Urgent Need for Review of the Cost-Benefits of Proposed Semi High Speed Train Project and Decision in the interest of the ecology, economy and people’s livelihoods.
Sir,
At the outset, which wish to convey our appreciation for the methodical and diligent way in which your administration, with the able leadership of T. Shailaja in the Health Ministry has been handling the unprecedented Covid-19 crisis. We noticed that on many occasions, such as during the floods of 2018 & 2019, the Shabarimalai issue and now during Covid, the State has taken on challenges, with some progressive stands, despite non co-operation from the Centre. We also acknowledge the importance of initiatives like ‘Kerala Dialogue Conversations’ that the state has recently launched.
We have, however, been disturbed by the ‘developmental approach’ of the state, which we still hope will be and has to be different from the other mainstream parties of the country. The post-flood ‘reconstruction’, threat to Western Ghats by reckless construction projects, the massive widening of NH-66, unabated black sand mining in Alappad, the sudden revival of destructive Athirappilly Project and now the Semi High Speed Train Project, all raise very serious questions about the commitment of the government towards environmental protection and people’s livelihoods – both of which are part of a sustainable development framework. We have been bringing various concerns to your notice through multiple ways and expect a rational stand from you in this regard as well.
This particular communication is with regard to the Semi High-Speed Train Corridor also known as Silver Line Project from Kasargod (north) to Thiruvananthapuram (south), proposed to be constructed at an estimated cost of INR 67,000 crores. We are given to understand that the Kerala Rail Development Corporation Limited (KRDCL), a Joint Venture Company under the Government of Kerala and Ministry of Railways, Govt of India, has proposed a 532 kms long track for connecting the two ends of the state. While 3,000 acres of land are to be acquired for the tracks and an additional 2,500 acres would be taken for ‘development’ of smart cities and other commercial establishments near the proposed 10 stations, the actual and full extent of land being frozen for the project is not yet known. While sanction for the project itself is awaited from centre, there is information that land acquisition process has already begun!
Although the state government maintains that ‘only 6,395 families will have to be evicted’, Mr. E Sreedharan (the key architect of Delhi Metro) estimates that at least 20,000 families, which means at least around 80,000 persons, will be displaced by the project. The past experience of a small number of 326 families evicted for the Vallarpadam Container berth, a decade back, shows that even as on date only 76 families have been resettled, while the remaining 250 families are yet to be rehabilitated. Hence the ‘displacement and rehabilitation of almost 80,000 people for the current project should be minimized at all costs and at best, avoided.
It is learnt that about 132 km of paddy fields would be utilised for the rail project. Filling up of a large extent of paddy fields is likely to hinder the free flow and percolation of water, affecting the water table, leading to drought-like conditions. Multiple scientific studies have confirmed the fact that wetlands act as one of the main sources for ground water recharge. Hence filling up of wet lands in the guise of ‘development’ could prove detrimental, in the long run. Since high boundary walls would have to be raised on both sides of the entire 532 kms track, except at urban areas, KRDCL has stated that around 1,000 RoB / Under bridges would be constructed at every 500 mts. This means, one would have to travel at least one km to crossover the track and there is no guarantee that adequate number of RoBs all across would be built. People of the state are already apprehensive about flyovers, with the experience of Palarivattom flyover fresh in memory.
Construction of underpass / over bridges in water logged / marshy areas or near rivers could lead to them being flooded, even with a small down pour. The alignment passes through Trichur, Ernakulam, Kottyam and Pathanamthitta Districts that had faced 25 ft of flooding during the last two floods. The high boundary walls on both sides could affect the rescue operations in the event of future floods. These walls would also make agricultural practice with tractors, tillers and harvesting machines difficult in the many paddy fields in the stretch! Erection of these high boundary walls over 532 kms would mean literally divide the entire state of Kerala into two! Ironically, a similar proposal by the previous government was (rightly) torpedoed by the Opposition for the very same reasons, but is now walking the same path, while in power!
It is reported that of the entire project cost of Rs.67,000, upto 10 % would be borne each by the Centre and State while the remaining 80 % would be raised through loans from domestic and foreign institutions (especially Japan), indicating that it would eventually be a huge debt on the citizens of the state. Some independent estimates indicate the eventual project cost could shoot upto Rs. 1 lakh crore. Even as the Railway Board has only sanctioned the survey and not the full DPR, it is reported that during your (CM’s) visit to Japan, you had submitted the ‘feasibility report’ and other allied papers before the Board of Directors of JICA for availing loan of INR 55,000/- crores. Questions have also been raised as to why much of the equipment including rolling stock has to be imported from Japan, when India itself exports rolling stock to South Africa and many other countries.
KRDCL has not yet furnished specific details about the expected number of passengers the train service would cater to. Since the Project is being built with tax payers money, KRDCL has an obligation to substantiate its claims with facts and figures to clear the apprehensions about its feasibility. The proposals for 10 smart cities, with real estate and other commercial establishments, in the vicinity, for which tender has already been floated, allegedly even without proper sanctions from various Government agencies is a matter of deep concern. Would such a project, at such high costs, be really helpful to the broader and common sections of the society or only be of some use to select businesses and professional classes merits more thought.
Activists in the state claim that the Sabari Rail Project which required only 3% of the cost of the estimate of the Semi High Speed Train Project is now abandoned after spending around INR 253 crores. Another similar project which was mooted in 2011 was also abandoned in 2018 after spending 30 crores and the company itself was dissolved! When one smart city floated by the previous Govt with much fan-fare could not progress much even after a decade, the idea of developing 10 smart cities adjacent to the 10 stations, by KRDCL, a new entity, is quite preposterous.
The expected timeline for completion of the Semi High Speed Project is 2035, by which time, there would be drastic changes on the transport front already. The Railways has already started operating various trains at 160 to 200 kms / per hour in certain sections. Nizamuddin - Jhansi Gatiman Express runs with a maximum speed of 160 kmph currently. Such type of trains will be operated in many sectors including Kerala. It is understood that, by then, the speed per hour on the National Highways, which is already permitted at 90 kms/ph would increase substantially. Hence a project proposing 180 to 200 kms per hour in 2035 would be obsolete, by the time it is operational.
The Central Govt has also recently ordered the doubling of the Ernakulam-Kayamkulam via Alleppey railway sector and sanctioned INR 1500 crores for the project. After completion of the doubling of the remaining Ettumannor to Chingavanam sector in Ernakulam- Kayamkulam track and on completion of the doubling of the track via Alleppey, there would be no necessity for a separate line, spending around INR 67,000 - 1,00,000 crore and displacing 80,000 - 1,00,000 people of the state. The possibility of ‘employment generation’ by the Project is also very limited. Going by the experience of the Kochi Metro, except for manual labour work during the limited construction period, that too for migrant workers, there are not many avenues of work likely to be created.
While the Environment Impact Assessment (EIA) of the Semi High Speed Project is stated to have been done, there are serious allegations that the EIA has not happened in a fool-proof manner, with adequate information to and consultation with the affected people. This is a serious breach of mandatory legal requirements. The track proposed is through landslide and avalanche prone areas and the environmental risks should not be underplayed.
It is anticipated that it could take approximately 5 years to overcome the recession due to the Corona pandemic in the state. When people all over the world including in Kerala are struggling due to the pandemic, such a massive investment of tens of thousands of crores and eviction of upto 1,00,000 people for the project, without adequate discussion with all the elected representatives, including MLAs, MPs and local leaders, consent of the concerned villages and without a rational cost-benefit analysis, environmental and financial feasibility assessment is most unfortunate and unfair.
We appeal to you to immediately review the costs and benefits of the Project, by taking on board opinions and views of all concerned sections in the states and in particular the people of the villages / areas who would stand to potentially be displaced.
We look forward to an acknowledgment of these concerns and a reasoned policy decision, in the interest of the people, ecology and economy of Kerala.
Thanking you,
napm india
National Alliance of People's Movements (NAPM)National Office: 6/6,Jangpura B, New Delhi – 110 014
E-mail:napmindia@gmail.com | Web:www.napm-india.org
Post-Facto ‘Clearance’ of 16 years of Illegal Coal Mining in Dehing Patkai
and Fresh Approval for Mining by NBWL is an Environmental Travesty!
Settle Forest Rights before Notifying Dehing Patkai Sanctuary as National Park
A Complete Ban on Extractive Mining Needed to Protect the Region
12th July, 2020: National Alliance of People’s Movements expresses deep concern over the series of destructive and extractive projects being taken up in the bio-diverse rich regions of the North-Eastern states that jeopardize the interests of wildlife and humans alike. ‘Dehing Patkai’ in Upper Assam became a flash point of resistance last month after the recent “recommendation for approval” by the National Board of Wild Life (NBWL), to allow open cast mining by Coal India Limited in about 98.59 hectares of land in the Saleki Reserve Forest (Digboi), which is a part of the Dehing Patkai Elephant Reserve. However, what has missed much of public discourse is the fact that the NBWL clearly over-looked existing scientific and official evidence of long-standing unlawful mining in the area and went ahead to ‘legalize’ the mining in a ‘post-facto mode’!
Dehing Patkai, famously known as ‘Amazon of the East’ is the largest rainforest in India, home to many endangered species and is believed to be the last remaining contiguous patch of rainforest area in the Upper Assam region, extending upto the Deomali elephant reserve in Arunachal Pradesh. The Govt of Assam declared 111.19 sq. km area of the rainforest as ‘Dehing Patkai Wildlife Sanctuary’ on 13th June, 2004, along with 17 other forest reserves. According to the Forest Department of Assam, there are 46 species of mammals, 71 species of reptiles, 290 species of wild birds, 276 species of butterflies, 70 species of fish, 70 species of dragonflies,101 species of orchids and thousands of other insects found in the sanctuary. Located on the southern bank of Brahmaputra, Dehing Patkai is also home to a large number of Asiatic elephants. Thousands of trees belonging to 61 rare species like Hollang, Mekai, Dhuna, Udiyam, Nahar, Samkothal, Bheer, Hollock, Elephant-apple, Fig etc keep the rainforest pristine.
Information furnished under RTI confirms allegations by the local people and environmental activists that coal mining in the area has been going on for long, even in the absence of ‘formal clearances’ and renewals. The 30-year lease permit issued in 1973 to North Eastern Coalfields (NEC), a Coal India subsidiary, for conducting mining on an area of four-square miles in a part of the Dehing Patkai sanctuary, expired in 2003. However, NEC continued with the illegal mining for almost a decade and approached the Govt of Assam only in 2012 for fresh lease! Between 2003 and 2019, the NEC mined land measuring 57 hectares without clearance, in the broken area. NEC also mined in portions of the unbroken area of 41.59 ha. These details are confirmed by a Site Inspection Report of the Shillong Regional Office MoEF & CC, submitted to the Ministry on 25th Nov, 2019. The Report states that NEC continued mining without obtaining a lease renewal and forest clearance over 73.2 ha (of the 98.59 ha for which conditional clearance has now been granted).
It is indeed extremely unfortunate and questionable that the Standing Committee of NBWL chaired by the Environment Minister himself granted ‘approval’ while blatantly ignoring the irregularities and unlawful mining which was pointed out by the Assam Forest Department, the Shillong Regional Office of MoEF and even the Expert Committee constituted in 2014, in the wake of concerns expressed by the Assam State WildLife Board. Despite the site inspection report of MoEF stating that illegal mining was carried out on the ‘unbroken’ land as well, NBWL failed to take note of this and instead categorised the entire 41 ha as ‘unbroken’! Going by media reports quoting the State Forest Minister (ET, 5th June), it is also interesting to note how the Report of the first Expert Committee constituted by SWLB in July 2015 was superseded by another Expert Committee constituted by NBWL, which submitted its Report in Oct 2019. The present clearance of NBWL appears to be based on the Report of the subsequent Expert committee constituted by the NBWL itself.
The NBWL’s conditional clearance issued in April mandates that NEC must furnish a ‘site-specific mine reclamation plan’ in consultation with Assam Forest Department for the already broken up forest area and a ‘feasibility report’ for exploring underground mining in the remaining area. Experience from coal fields across India indicates that the ‘restoration to the original state’ is next to impossible. It is, therefore, quite likely that the ‘State-II’ clearance could be granted based on whatever plan is submitted by NEC. We feel that such unlawful mining and post-facto ‘clearance’ of illegality is a blatant disregard of people’s rights, in particular of the indigenous communities and also furthers the extractive and destructive ‘development model’ that jeopardizes the ecosystem. MoEF & CC which ought to be at the forefront of conservation is sadly becoming the gateway of ecological destruction and loot!
NAPM is of the view that while NEC ‘officially suspended’ all mining operations in the Tirap Colliery since 3rd June, 2020 following massive protests, it must be held fully accountable for the 16 years of unlawful mining. In addition to the Rs. 43.25 crores penalty imposed by the Assam Forest Dept. on the CIL, an FIR against officials of NEC, CIL and MoEF, holding authority, who permitted / oversaw / ignored the unlawful mining operations must be registered under appropriate provisions of law and stringent action taken. Accountability must also be fixed for alleged unlawful mining in the Tikak Open Cast mine, situated in the Saleki Reserve Forest, where mining has been suspended since October, 2019 as per directives of the State Forest Department.
We are aware that multiple PILs are pending consideration before the Guwahati High Court, alleging gross violations of environmental laws and procedures including Assam Forest Regulation Act, 1891; Wildlife (Protection) Act, 1972; the National Wildlife Actions Plan (2002-2016) and Centrally Sponsored Scheme, 2009 and seeking a ban on the coal mining. We hope the Court which has admitted these PILs and also taken suo moto cognizance of the serious issue, calling for reply affidavits by mid-July will fix legal accountability of all state and central agencies, including project, clearing and monitoring authorities. The Court must also objectively consider the plea to direct competent authorities to declare the entire rainforest as a heritage site, in terms of Section 37 of the Biological Diversity Act, 2002.
Activists in Assam also fear that unbridled mining in the Dehing Patkai forest region would severely affect the livelihoods and cultures of numerous ethnic groups like Tai Phake, Khamyang, Khampti, Singpho, Nocte, Ahom, Koibarta, Moran and Motok, tea-tribes, Burmese and Nepali speaking people. Therefore, while the recent decision of the Assam Govt to upgrade the Dehing Patkai Wildlife Sanctuary to a National Park is welcome, this would hold value only if all destructive coal mining in the area is stopped forthwith. Besides, the Govt. must settle all pending claims of people living in these forests as per the Wildlife Protection Act, 1972 and Forest Rights Act, 2006, before issuing any formal notification for the National Park. The ‘upgradation’, should not mean a denial of the lawful land, forest and habitat rights of individuals and communities living in the forests since generations.
· Considering the ecologically-sensitive nature of the Dehing-Patkai Forest Reserve we call upon the MoEF & CC and the NBWL to immediately revoke the post-facto ‘conditional clearance’ granted for coal mining in the region. We also call upon MoEF to fix legal accountability of all authorities responsible for the unlawful mining between 2003-2020.
· Govt. of Assam must settle all forest rights and claims as per FRA, 2006 before upgrading Dehing Patkai to the status of National Park. We demand a complete halt to extractive mining in the region in violation of the environmental laws of the land. In doing so, the livelihood concerns and rights of the indigenous communities as well as coal workers with NEC must be duly considered and they must be consulted.
Medha Patkar, Narmada Bachao Andolan (NBA) and National Alliance of People’s Movements (NAPM); Dr. Sunilam, Adv. Aradhna Bhargava, Kisan Sangharsh Samiti; Rajkumar Sinha, Chutka Parmaanu Virodhi Sangharsh Samiti, NAPM, Madhya Pradesh;
Aruna Roy, Nikhil Dey, Shankar Singh, Mazdoor Kisan Shakti Sangathan (MKSS), National Campaign for People’s Right to Information; Kavita Srivastava, People’s Union for Civil Liberties (PUCL); Kailash Meena NAPM Rajasthan;
Prafulla Samantara, Lok Shakti Abhiyan; Lingraj Azad, Samajwadi Jan Parishad & Niyamgiri Suraksha Samiti, Manorama, Posco Pratirodh Sangram Samiti; Lingaraj Pradhan, Satya banchor, Anant, Kalyan Anand, Arun Jena, Trilochan Punji, Lakshimipriya Mohanty and Balakrishna Sand, Manas Patnaik, NAPM Odisha;
Sandeep Pandey (Socialist Party of India); Richa Singh & Rambeti (Sangatin Kisaan Mazdoor Sangathan, Sitapur); Rajeev Yadav & Masihuddin bhai (Rihai Manch, Lucknow & Azamgadh); Arundhati Dhuru & Zainab Khatun (Mahila Yuva Adhikar Manch, Lucknow), Suresh Rathaur (MNREGA Mazdoor Union, Varanasi); Arvind Murti & Altamas Ansari (Inquilabi Kamgaar Union, Mau), Jagriti Rahi (Vision Sansthan, Varanasi); Satish Singh (Sarvodayi Vikas Samiti, Varanasi); Nakul Singh Sawney (Chal Chitra Abhiyan, Muzaffarnagar); NAPM Uttar Pradesh
P. Chennaiah, Andhra Pradesh Vyavasaya Vruthidarula Union-APVVU, Ramakrishnam Raju, United Forum for RTI and NAPM, Chakri (Samalochana), Balu Gadi, Bapji Juvvala, NAPM Andhra Pradesh;
Jeevan Kumar & Syed Bilal (Human Rights Forum), P. Shankar (Dalit Bahujan Front), Vissa Kiran Kumar & Kondal (Rythu Swarajya Vedika), Ravi Kanneganti (Rythu JAC), Ashalatha (MAKAAM), Krishna (Telangana Vidyavantula Vedika-TVV), M. Venkatayya (Telangana Vyavasaya Vruttidarula Union-TVVU), Meera Sanghamitra, Rajesh Serupally, NAPM Telangana;
Sister Celia, Domestic Workers Union; Maj Gen (Retd) S.G.Vombatkere, NAPM, Nawaz, Dwiji, Nalini, NAPM Karnataka
Gabriele Dietrich, Penn Urimay Iyakkam, Madurai; Geetha Ramakrishnan, Unorganised Sector Workers Federation; Suthanthiran, Suthanthiran, Lenin & Arul Doss, NAPM Tamilnadu;
Vilayodi Venugopal, CR Neelakandan, Prof. Kusumam Joseph, Sharath Cheloor, Vijayaraghavan Cheliya, Majeendran, Magline, NAPM, Kerala;
Dayamani Barla, Aadivasi-Moolnivasi Astivtva Raksha Samiti; Basant Hetamsaria, Aloka Kujur, Dr. Leo A. Singh, Afzal Anish, Sushma Biruli, Durga Nayak, Jipal Murmu, Priti Ranjan Dash, Ashok Verma, NAPM Jharkhand;
Anand Mazgaonkar, Swati Desai, Krishnakant, Parth, Paryavaran Suraksha Samiti; Nita Mahadev, Mudita, Lok Samiti; Dev Desai, Mujahid Nafees, Ramesh Tadvi, Aziz Minat and Bharat Jambucha, NAPM Gujarat;
Vimal Bhai, Matu Jan sangathan; Jabar Singh, Uma, NAPM, Uttarakhand;
Manshi Asher and Himshi Singh, Himdhara, NAPM Himachal Pradesh
Eric Pinto, Abhijeet, Tania Deavaiah and Francesca, NAPM Goa
Gautam Bandopadhyay, Nadi Ghati Morcha; Kaladas Dahariya, RELAA, Alok Shukla NAPM Chhattisgarh;
Samar Bagchi, Amitava Mitra, Binayak Sen, Sujato Bhadro, Pradip Chatterjee, Pasarul Alam, Amitava Mitra, Tapas Das, Tahomina Mandal, Pabitra Mandal, Kazi Md. Sherif, Biswajit Basak, Ayesha Khatun, Rupak Mukherjee, Milan Das, Asit Roy, Mita Bhatta, Yasin, Matiur Rahman, Baiwajit Basa, NAPM West Bengal;
Suniti SR, Sanjay M G, Suhas Kolhekar, Prasad Bagwe, Mukta Srivastava, Yuvraj Gatkal, Geetanjali Chavan, Bilal Khan, Jameela, Ghar Bachao Ghar Banao Andolan; Chetan Salve, Narmada Bachao Andolan, NAPM Maharashtra; Pervin Jehangir.
Faisal Khan, Khudai Khidmatgar, J S Walia, NAPM Haryana;
Guruwant Singh, NAPM Punjab;
Kamayani Swami, Ashish Ranjan, Jan Jagran Shakti Sangathan; Mahendra Yadav, Kosi Navnirman Manch; Sister Dorothy, Aashray Abhiyan, NAPM Bihar;
Rajendra Ravi, NAPM; Bhupender Singh Rawat, Jan Sangharsh Vahini; Anjali Bharadwaj and Amrita Johri, Satark Nagrik Sangathan; Sanjeev Kumar, Dalit Adivasi Shakti Adhikar Manch; Anita Kapoor, Delhi Shahri Mahila Kaamgaar Union; Sunita Rani, National Domestic Workers Union; Nanhu Prasad, National Cyclist Union; Madhuresh Kumar, Priya Pillai, Aryaman Jain, Divyansh Khurana, Evita Das; Anil TV, Delhi Solidarity Group, MJ Vijayan (PIPFPD), Dipa Sinha
For any further details, please e-mail: napm...@gmail.com===============================================
National Office : 6/6, Jangpura B, Mathura Road, New Delhi 110014
napm india
National Alliance of People's Movements (NAPM)National Office: 6/6,Jangpura B, New Delhi – 110 014
E-mail:napmindia@gmail.com | Web:www.napm-india.org
Araria Arrests: Imprisonment of gang-rape survivor and
2 social activists supporting her is arbitrary and reprehensible!
Appeal to Higher Judiciary to immediately intervene, quash case and
release all 3 persons, jailed in Covid times !
17th July, 2020: National Alliance of People’s Movements (NAPM) is extremely distressed and shocked to know that a young survivor of gang-rape and two other young activists of a social organization and NAPM affiliate, JJSS in Araria Dist. (Bihar) who were assisting the survivor in Court were arrested by the police on 10th July and sent to jail on the Orders of a Magistrate ! It is almost a week since the survivor and the activists, Kalyani and Tanmay have been lodged at the Dalsinghsarai Jail in Samastipur district, in Covid-times! This, even as four of the five alleged rapists have not been apprehended! As the state remains in lockdown, the situation of those arrested remains precarious.
The incident is in the context of activists associated with JJSS providing support to the survivor, who was subject to gang-rape by five men in the first week of July. Jan Jagran Shakti Sangathan, a registered trade union has been organizing thousands of workers in the districts of North Bihar and has been intervening on various matters of social importance in the state. Reportedly, the arrests of the three persons was directed in the midst of the court proceedings, when the survivor recording and signing her statement u/s 164 (1) of Cr.P.C, apparently felt agitated and triggered, wanting the supportive activists to be by her side.
The level of pain and trauma a gang-rape survivor who has been made to recount her horrid experience multiple times experiences, needs no emphasis. Her ‘insistence’ on wanting the activist-care givers by her side during the trial can in no way be perceived as ‘unusual’ or ‘disruptive’! However, far from empathizing with her fragile state of mind and being considerate towards her plea, it is understood that the learned Magistrate took her demeanour as an expression of ‘lack of faith in the Court itself’ and directed criminal and contempt proceedings against her and also the activists who tried to explain her situation, remanding all of them to judicial custody !
It is indeed a cruel irony that instead of promptly acting on the original FIR 59/2020 (the gang-rape case), FIR No. 61/2020 was filed by the same Araria Mahila Thana and charges of criminal conspiracy, obstruction of duty and insulting the judicial officer etc have been foisted against the survivor and activists. (Sections 353,188, 228, 120-B of IPC and Contempt of Courts Act). Needless to state, this arrest and jailing of a 22-year-old survivor is likely to have an adverse impact not just on her physical and mental health, but also her faith in the justice system itself! All these developments reveal an absolute lack of sensitivity by the ‘vanguards’ of the criminal justice system, who are expected and mandated to display a sense of utmost responsibility in such matters.
It is also learnt that before being sent to prison, no Covid test was conducted on the survivor, despite she being subject to gang-rape by several strangers, risking her health! Besides, it is also extremely deplorable that the survivor’s details, including her parents’ name and full address was disclosed in the local press, which, not surprisingly, ‘sensationalized’ the news! Shockingly, some journalists also had ‘access’ to confidential case documents which were in the possession of the Court! All of this has clearly compounded the vulnerability of the survivor and the social pressure on her!
Given the very particular circumstances, the incident has attracted nation-wide outrage with hundreds of well-known advocates, almost 7,000 women’s rights activists and concerned citizens and many organizations writing to the Hon’ble Chief Justice of Patna High Court to take immediate cognizance, ensure justice in the matter and institute specific measures for friendly and non-hostile environment in rape and sexual assault cases, in adherence with the recommendations of the Justice Verma Commission. Pointing out the harshness and disproportionate nature of action in the Araria case, the letter by the advocates states that ‘contempt’ cannot lie in a magistrate’s court and non-bailable charges could not have been pressed, even if the survivor ‘insisted’ that the 164 statement be read out to her by care-givers and not court officers.
In their letter to the Chief Justice, feminist groups have rightly pointed out that regardless of the judicial enquiry and trial being in-camera or not, Justice Verma Commission Report requires the state to provide "support services for shelter, social workers, counsellors mental health professional, lawyers" and has clearly recognised the need for presence of members of women's organisations or others supporting the survivor, for moral support.
What troubles us is not just the increasing cases of sexual violence against women, trans, queer-identifies persons, but also the disturbing patterns in the criminal justice system, failing to address these issues in a responsible and non-hostile way, despite decades of feminist struggles to make the ‘system’ more sensitive to the hardships, vulnerabilities and needs of sexual violence survivors. While significant strides have been made, leading to some enabling laws, recommendations by Jst. Verma Commission and some good judicial pronouncements by various High Courts and the Supreme Court, ground-situation indicates that a lot more needs to be done to translate the spirit of these provisions and safeguards on paper, into reality.
The ‘Araria case’, once again, raises many fundamental questions about the role of the police, judiciary, media, the support framework for survivors and their caregivers etc and the need to bring back survivor-specific empathy at the heart of the ‘proceedings’ and ‘procedure’! We are of the considered option that the higher judiciary has an obligation to intervene immediately to undo the harm of this dangerous precedent and ensure present and future survivors receive full support and are not further traumatized and criminalized. The ‘issue’ here is as much about the need for judicial accountability, as it is about a system supportive to those who face gendered violence.
NAPM strongly condemns the institutional harassment and arbitrary jailing of the sexual violence survivor and two young activists. We:
· CALL UPON all justice-loving social and political organizations and activists across the country to express solidarity with the survivor and the two saathis of JJSS and demand their immediate release, especially in Covid times and withdrawal of all charges foisted.
· APPEAL to the higher judiciary in the state to intervene immediately in this case with empathy and fairness, but also issue state-specific guidelines to ensure that there is a friendly and non-hostile environment in respect of rape and sexual assault cases, in adherence with the recommendations of the Justice Verma Commission.
· DEMAND fair, fast and dignified judicial process for the survivor, bringing the guilty to book.
· CONDEMN attempts by sections of the media in disclosing the details of the survivor and demand action against them, as per law.
· EXPRESS solidarity with Jan Jagaran Shakti Sangathan, a responsible autonomous people’s trade union working on issues of livelihoods and social justice and condemn any attempts by vested interests to de-legitimize the work of the Sangathan.
napm india
National Alliance of People's Movements (NAPM)National Office: 6/6,Jangpura B, New Delhi – 110 014
E-mail:napmindia@gmail.com | Web:www.napm-india.org