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Showing posts with label naxalism. Show all posts
Showing posts with label naxalism. Show all posts

Tuesday, 23 July 2013

Maoism in Jharkhand - For Latehar villagers, a hill once their lifeline now a death-trap // Maoists raise crores through extortion

Posted on 21:49 by Unknown
Even after the end of the anti-Maoist operation in Kumandih forest in Latehar, nobody told villagers in Jharkhand's Barkadih panchayat to keep away from Beang, the hill on which they depend for their survival. Neither the state, nor the Maoists. Till Jaspatia Devi, 45, had her legs blown off by a landmine when she went up the hill with her husband on July 14. Jaspatia had stepped on one of the many pressure bombs planted by the Maoists to fortify their position atop the hill where they set up a training camp. After the June 25-July 11 operation by the police and CRPF, they left this camp and escaped. Although the forces scaled the hill and destroyed the camp, no demining operation was mounted. As a result, an unknown number of landmines lie over a 100-sq-km area. "My parents had gone to Beang hill, 10 km from our village Jobla, at 5 am to pick dori (fruit of the mahua tree). As they were walking back around 8 am, my mother was some three paces ahead of my father. She was suddenly lifted up by an explosion," says Jaspatia's 20-year-old son Vir Kumar Singh. Jaspatia is at the Rajendra Institute of Medical Sciences in Ranchi. Her right leg was amputated below the knee, the left may soon follow.

The importance of Beang hill, officially called Rajgarh hill, to the area is obvious from the urgency with which Jaspatia and her husband braved it less than three days after the massive operation. Villagers go up to collect mahua flowers around March and to pluck tendu leaves by May end. The villagers also get their wood and bamboo from the hill. Villagers of Barkadih panchayat, which falls in the plains, are now terrified of climbing the hill. All along the way from Kumandih railway station to Kurumkheta, people offered the same warning: "Don't set foot on the Beang." Vir says the Maoists have since warned villagers not to go up the hill: "Someone from Hata village told me that after what happened to my mother, someone from the party went to Hata village and prohibited people from climbing the hill for the next two years." "Demining is not easy. The landmines cover a hilly area of about 100 sq km," said Latehar SP Michael S. Raj. The police have no intention of clearing the mines till they have to do it for their own safety. "We will demine when we go for operations in the region, which is what we usually do. The tactic exposes the ugly face of the Maoists, how they don't care for the people," he said.
http://www.indianexpress.com/news/for-latehar-villagers-a-hill-once-their-lifeline-now-a-deathtrap/1145809/0

Maoists raise Rs 140-250 crore a year through extortion
They wield influence in nearly 203 of India’s 708 police districts, routinely kill people and policemen in 90 districts, often have the last word in 27 of them, hope to lead a revolution and — by 2050, according to one account — overthrow the Indian State. So how does the Communist Party of India (Maoist) find the money to keep the fire burning for the revolution? A government-commissioned study concluded this month has told the home ministry that Maoists generate at least Rs.140 crore annually from extortion rackets that target businesses — big and small — industry, contractors executing public works, corrupt government officials and political leaders. “The largest and principal sources of income for the Maoists are the mining industry, public works and collection of tendu leaves,” the study says. Police officer ML Meena has seen some of it first-hand. In January this year, Meena, inspector general of police, Bokaro Range in Jharkhand, ordered a crackdown on trucks carrying coal from illegal mines in remote parts under his charge. In at least one instance, local policemen were also penalised for their brazen collusion with the coal mafia. “Illegal mining is a key source of income for the Maoists,” said Meena, conceding that it was difficult — if not impossible — to put a figure on the size of the annual Maoist budget.
In 2010, the Intelligence Bureau came up with a much larger all-India estimate of Rs. 1,500 crore.A year earlier, former Chhattisgarh police chief Vishwaranjan guesstimated that the Maoist budget was closer to Rs. 2,000 crore while chief minister Raman Singh recently put it at Rs. 1,000-1,200 crore. A senior government official associated with anti-Maoist operations suggested much of this was an exaggeration and that the actual amount could hover between Rs. 140 crore and Rs. 250 crore. Researchers at the security think-tank Institute for Defence Studies and Analyses — that conducted the study — tried to unravel some of the mystery surrounding Maoist finances.
The Central Committee of the CPI (Maoist) fixes the annual amount to be collected at an all-India level in consultation with various levels. The zonal committee then conveys the decision on the amount to be collected from each source. In mineral-rich Jharkhand — one of the biggest sources of funds for the rebels — police officers have noticed that Maoists generally collect 7% as levy from all development works from contractors in the areas under their dominance. A similar figure — 7-10% levy — is cited as the rate for industrial and mining companies. Often, the armed guerrillas don’t need to come into the picture at all. “Usually, an over-ground member of the outfit is deputed to collect the money,” the study says. Each level retains some amount for its expenses, before sending its collections to the next higher level. Home ministry officials in Delhi — that has been struggling to come up with ways to block the flow of funds to the Maoists — concede that choking the Maoists’ extortion industry is a big challenge for the security establishment. So it was no surprise that when the chief ministers of Maoist-affected states met in June, this was one of the key points of discussion. “It may be difficult to completely cut off their supply of funds but it is possible to curb the flow,” said the IDSA’s PV Ramana. This will be a very important element in the counter-Maoist action plan.
http://www.hindustantimes.com/India-news/NewDelhi/Maoists-raise-Rs-140-250-crore-a-year-through-extortion-protection-rackets/Article1-1095290.aspx

See also:

Collateral damage? Maoists say sorry for killing Bastar journalist

Extracts from Sabyasachi Panda's letter to Maoist leadership

 Javed Iqbal: The Killing of Journalist Nemichand Jain

On 'revolution' - Closing the Circle - Frontier Aug-Sept 2012

Dilip Simeon: The Other side of Maoism

On the Salwa Judum

Maoism and the philosophy of insurrection

The Futility of Common Sense: An Essay on Ahimsa

K. Balagopal: Political violence & human rights: The case of the naxalite movement in A.P.

Jairus Banaji: Fascism, Maoism and the Democratic Left


A Hard Rain Falling - private armies & political violence in India-EPW, July 2012

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Posted in current affairs - India, naxalism | No comments

Sunday, 14 July 2013

Tribal Affairs Minister V Kishore Chandra Deo attacks UPA's growth model

Posted on 22:18 by Unknown
The Prime Minister's model of economic growth has come under burning criticism from one of his own ministers who says it is one of the factors responsible for the spread of Maoist insurgency. Tribal Affairs Minister V Kishore Chandra Deo has hit out at what he alleges is the increasing propensity within a section of the government to justify pervasive industrialisation as a step necessary to achieve a high growth rate. 

"The Prime Minister has said many times that the UPA is for inclusive growth. (But) What does inclusive mean? Pushing up your growth rate targets by making 10 billionaires at the expense of 10 million starving, impoverished tribals...by exposing them to diseases and depriving them further?" stormed the minister who is known to be a close aide of Sonia Gandhi. "I am against the growth of a crony capitalistic society at the expense of the most exploited and deprived," Deo, a tribal himself, added, warning the authorities against treating the issue of Maoism as a "mere law and order problem". 

Deo has been a staunch advocate of banning mining activities in tribal areas, even if it means a lower growth-rate figure. But this argument has been countered by several senior UPA ministers, who criticise the restrictions on development in key mineral-rich tribal and forest areas saying such an approach would prove detrimental to the country's growth rate.
Without naming anyone, Deo came down heavily on the proponents of this argument, insisting that his stand was a "constitutional one". 

"I don't know about them but I have taken oath on the Indian Constitution - first as a MP and then a minister - and I stand by its principles," Deo said. "If they (leaders within and outside the government) have taken some other oath, I don't know. Otherwise, they too should take the same constitutional stand," he added, in a veiled attack on Planning Commission deputy chairman Montek Singh Ahluwalia. Ahluwalia has often been criticised for his "fetish" for economic liberalisation. Deo's outburst is symbolic of a growing sentiment among some Congress leaders that the government's capitalist policies were alienating their aam admi flank and would neutralise the gains of their pro-poor poll sops.

Talking about efforts to weed out Maoism, Deo said the government will soon get a first-of-its-kind accountability Bill that will track every penny of the thousands of crores of rupees allocated each year under various welfare and social sector schemes for Scheduled Tribes and other weaker sections. The legislation is being jointly worked out by the Union ministry for tribal affairs and the ministry for social justice and empowerment.

"At present, our ministries don't have any idea about how the funds are utilised. This legislation will ensure accountability," Deo said.

http://www.dailymail.co.uk/indiahome/indianews/article-2362788/Im-growth-crony-capitalistic-society-Cabinet-minister-slams-PMs-Manmohanomics.html?ito=feeds-newsxml

See also: 
Chitrangada Choudhury, Ajay Dandekar - Dealing With The Maoists // Kishore Chandra Deo likely to force a rethink on tribal mining

RAMACHANDRA GUHA - The continuing tragedy of the adivasis

An open letter on undertrials: Adivasis need speedy and impartial justice

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Posted in current affairs - India, economics, human rights, justice, naxalism | No comments

Saturday, 13 July 2013

Stan Swamy - How long will the 6000 Jharkhandi Adivasis languish in jail? Police violate SC procedures

Posted on 23:54 by Unknown
Most of the arrests are in violation of SC decisions: “Mere membership of a banned organisation will not make a person a criminal … Supreme Court on 3rd February 2011 (CRIMINAL APPEAL NOs. 889 OF 2007)

“Mere possession of Maoist literature does not make a person a Maoist” Supreme Court , while granting bail to Dr. Binayak Sen on 15th April 2011

There are now about 6000 Adivasis in jail (Ajay Sharma in Hindustan, 08.02.2012) . The charge against the majority of them is that “maoist literature” was found in their possession and that they are “helpers of Maoists”
 
1. Mere possession of Maoist literature is not an offence
 
Observing that mere possession of maoist literature would not be considered an offence of sedition, the Supreme Court granted bail to Dr.Binayak Sen.
 
The sad fact in Jharkhand is that in very many cases the police have arrested young men and women precisely because they had some “naxalite literature” in their possession. What exactly constitutes ‘naxalite literature’ has not been defined. The question is: Is any written material that is critical of the Government and its functioning forbidden in our democratic society? Is putting out pamphlets calling on people to resist displacement an offence? Is announcing rallies and public meetings to protest indiscriminate arrests of young people improper? Is calling on people to assert their rights on their jal, jangal, jamin not allowed?
 
What the police usually do is arrest a person on the alleged reason of having naxal literature and then add on other clauses of the penal code on the hapless victim. Very sad to say, hundreds of young men and women are languishing in the different jails of Jharkhand under this accusation.
 
It is the urgent need of the hour that an independent commission is appointed to examine all the cases under this accusation and free them.
 
2. Mere membership of a banned organisation will not make a person a criminal unless he resorts to violence or incites people to violence or creates public disorder by violence or incitement to violence. (3 February 2011)
 
The court rejected the doctrine of 'guilt by association'. Mere membership of a banned organisation will not incriminate a person unless he resorts to violence or incites people to violence or does an act intended to create disorder or disturbance of public peace by resort to violence
 
It is common knowledge that very many young men & women are held in prison on the suspicion of being “helpers of naxalites”. After arresting them other penal clauses are added on. It is an easy label that can be put on any one whom the police want to catch. It does not require any proof or witness. Let us keep in mind that they are not even members of any naxalite outfit. Supreme Court says even membership in a banned organisation does not make a person a criminal. How far removed are the law and order forces from the judiciary!
 
Even if there is a modicum of humanity left in the govt and the police, these young men and women should be set free.
 
3. Supreme Court’s directives for arresting persons are ignored by police
 
The SC has issued very clear directives to the police in the process of arresting a person and has spelt out the rights of the arrestee / prisoner. In a judgment known as ‘D.K.Basu judgment’ passed on 8 March 2005, [D.K.Basu vs. State of West Bengal (1997) 1 SCC 216] the SC gives the following guidelines: In view of the increasing incidence of violence and torture in custody, the Supreme Court of India has laid down 11 specific requirements and procedures that the police and other agencies have to follow for the arrest, detention and interrogation of any person. These are: 

- Police arresting and interrogating suspects should wear “accurate, visible and clear” identification and name tags, and details of interrogating police officers should be recorded in a register. 

- A memo of arrest must be prepared at the time of arrest. This should: 
- have the time and date of arrest. 
- be attested by at least one witness who may either be a family member of the person arrested or a respectable person of the locality where the arrest was made. 
- be counter-signed by the person arrested. 

- The person arrested, detained or being interrogated has a right to have a relative, friend or well-wisher informed as soon as practicable, of the arrest and the place of detention or custody. If the person to be informed has signed the arrest memo as a witness this is not required. 

- Where the friend or relative of the person arrested lives outside the district, the time and place of arrest and venue of custody must be notified by police within 8 to 12 hours after arrest. This should be done by a telegram through the District Legal Aid Authority and the concerned police station. 

- The person arrested should be told of the right to have someone informed of the arrest, as soon as the arrest or detention is made. 

- An entry must be made in the diary at the place of detention about the arrest, the name of the person informed and the name and particulars of the police officers in whose custody the person arrested is. 

- The person being arrested can request a physical examination at the time of arrest. Minor and major injuries if any should be recorded. The "Inspection Memo" should be signed by the person arrested as well as the arresting police officer. A copy of this memo must be given to the person arrested. 

- The person arrested must have a medical examination by a qualified doctor every 48 hours during detention. This should be done by a doctor who is on the panel, which must be constituted by the Director of Health Services of every State. 

- Copies of all documents including the arrest memo have to be sent to the Area Magistrate (laqa Magistrate) for his record. 

- The person arrested has a right to meet a lawyer during the interrogation, although not for the whole time. 

- There should be a police control room in every District and State headquarters where information regarding the arrest and the place of custody of the person arrested must be sent by the arresting officer. This must be done within 12 hours of the arrest. The control room should prominently display the information on a notice board. 

These requirements were issued to the Director General of Police and the Home Secretary of every State. They were obliged to circulate the requirements to every police station under their charge. Every police station in the country had to display these guidelines prominently. The judgment also encouraged that the requirements be broadcast through radio and television and pamphlets in local languages be distributed to spread awareness. Failure to comply with these requirements would make the concerned official liable for departmental action. Not following these directions constitutes a contempt of the Supreme Court, which is a serious offence, punishable by Imprisonment and fine. This contempt of court petition can be filed in any High Court. These requirements are in addition to other rights and rules, such as: - The right to be informed at the time of arrest of the offence for which the person is being arrested. - The right to be presented before a magistrate within 24 hours of the arrest. - The right not to be ill-treated or tortured during arrest or in custody. - Confessions made in police custody cannot be used as evidence against the accused.
 
-A boy under 15 years of age and women cannot be called to the police station only for questioning.
 
The important question is: under which law or penal code the police & para-military forces are arresting young men & women as part of their anti-naxal operations? It is very clear they are not abiding by the SC ruling. As such they should be sued for contempt of court.
 
4. ‘To get Bail is a right of the prisoner’. . .but who will bail them out?
 
Getting bail is not within the reach of most ‘under trial prisoners’... read more:
http://newswing.com/node/886
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Posted in current affairs - India, human rights, justice, naxalism | No comments

Tuesday, 25 June 2013

Chitrangada Choudhury, Ajay Dandekar - Dealing With The Maoists // Kishore Chandra Deo likely to force a rethink on tribal mining

Posted on 00:51 by Unknown
May 25th’s condemnable attack by the People’s Liberation Guerrilla Army, which ended up killing and injuring over 50 people from Congress politicians to migrant adivasi labourers, cannot be understood without recognising the Maoist party’s explicit political aims. These aims include zero tolerance for any competing political force in the party’s area of armed influence. Also, as stated often by male members of the party’s non-adivasi leadership, the polarising hardships created by military conflict are desirable since they hold the opportunity of swelling the party’s ranks.

But to make deeper sense of the attack, Indians must also acknowledge the routine stymieing of democracy and governance in adivasi India— the context that nurtures the current avatar of India’s four-decade-old Naxalite rebellion. If the Indian establishment wishes to effectively end such attacks in the long run, it cannot sidestep a hard look at why it stands so discredited in the aam adivasi’s eyes across central and eastern India. If  “democratic values” are what are at stake, as leading politicians argued in the wake of the attack, their parties must also act to uphold and defend such values in numerous adivasi blocks where the Maoists neither challenge the writ of the state nor hold out the threat of political assassinations. Here are some specifics dos and don'ts:

1. Implement land rights safeguards: From the adivasi bonded labour agitations in neglected western Orissa to the struggles against losing land and livelihoods for mining and industrialization across the bauxite, coal and iron ore-rich tracts of central and eastern India, land is at the heart of much of the ongoing violence adivasis suffer. This despite clear safeguards in the Constitution, dedicated land alienation laws and the atrocities act, all of which are meant to prevent and redress adivasi displacement and dispossession. Existing constitutional and legal provisions have to be seriously implemented to address this growing crisis.

2. Fast-track the Forest Rights Act: From the adivasi perspective, the 2006 Forest Rights Act (FRA) was arguably the most meaningful legislation of independent India. It overturned colonial notions of the state as owner of the forest, and recognised adivasis and other forest-inhabitants as rightful cultivators of forest produce and key actors in forest conservation. But states have been reluctant to cede control— as per the government’s latest status report (April 2013), under 50% of land title claims filed by villagers in Chhattisgarh, Jharkhand, Maharashtra and Orissa have resulted in titles. On the ground, this translates into deliberate neglect. In a mid-May interview with one of the columnists, residents of a Gond village in Orissa’s forested coal belt said they had filed FRA claims in 2010 but there was no administrative action to process them. Instead, forest officials had been making rounds of the village with officials of a private mining company. The other important aspect of the law—giving adivasi communities the right to market their forest produce—has been implemented in only a handful of villages across India.

3. Stop criminalising legitimate spaces of expression and protest: A wide spectrum of non-violent adivasi movements today exist on the ground, agitating on multiple issues including forced displacement, the loss of access to natural resources, the absence of meaningful economic and social rehabilitation, below-minimum wages, government liquor shops and indebtedness. Many of these struggles get little public or media attention. The state’s common reaction is to throttle and intimidate such agitations, often through outright physical assaults or by filing criminal charges against protestors, including those of Naxalism. In Chhattisgarh, such non-violent movements have had to coalesce under a single banner hoping for strength in numbers, given the perennial fear of imprisonment under the state’s harsh Public Security Act.

4. Pay closer attention to justice: The criminal justice system as it exists today is loaded against the adivasi. On the one hand, there is little recognition for crimes—from police atrocities to cheating and forced displacement—committed against the adivasi. NHRC’s April visit to Chattisgarh reinforced this principle of zero culpability when it did not recommend criminal charges in any of the questionable encounters that killed adivasi villagers. On the other hand, adivasis are routinely picked up and imprisoned, spending years in a hostile system they can make little sense of. Court proceedings often take place in a language they do not understand, the official legal aid system takes little interest in them, and private lawyers who can get them bail are beyond reach. This April, a year after a committee was set up to examine cases of adivasi prisoners, its head and former bureaucrat Nirmala Buch said she did not know if the Chhattisgarh government had acted on the recommendation that prosecutors not oppose bail for 110 adivasi undertrials in the 235 cases the committee had examined. Undertake a dedicated review of adivasi undertrials, and act on its findings. Create a distinctive legal aid program for adivasis with funds from the Tribal Sub-plan budget. Institute criminal charges on adivasi complaints.

5. Hold businesses accountable: Among the leading violators of human rights in India’s adivasi belt are businesses, in particular mining corporations who have made an unparalleled entry into these areas over the past decade. This presence will only expand in the coming years, but there is alarmingly little attention by the state on the profound implications of this for vulnerable communities on the ground. Corporate misdemeanours range from intimidating gram sabhas, falsifying records, fixing public hearings, nurturing land speculation and alienation, bribing politicians, the bureaucracy and the district media to facilitate violations, sapping natural resources including groundwater, and polluting without any notion of having to pay for it. All of these are open secrets through various levels of government. Yet a blind eye is turned since the consequences of these violations are primarily borne by adivasis. Businesses operating in adivasi areas need to be held to a code of conduct with clear principles of responsibility and accountability.

6. Address the head-on policy collision between mining and adivasi rights: There is a nascent but overdue debate within government on how mining in its current form is incompatible with the constitutional provisions for adivasis. V Kishore Chandra Deo, the most engaged Tribal Affairs Minister India has seen in a long time, has repeatedly pointed to the crisis of confidence and trust in adivasi areas mining is causing. He took this position most strongly in a letter on April 4 to the governors of all adivasi-populated states, men of power who have routinely ignored their constitutional mandate of ensuring ‘peace and good governance’ in adivasi areas. Deo’s concerns over mining have been publicly seconded by his colleague Jairam Ramesh. It is no coincidence that these are the only cabinet members who spend time in adivasi areas and see the damage on the ground first-hand. What is the larger strategic plan for our mineral resources and where might we draw the line on the social and economic costs adivasis bear for our extractive industries? Give these questions the seriousness they deserve, even though they are difficult ones to ask, when spoils from mining enrich individual MPs and MLAs across party lines, and bankroll electoral campaigns.

7. Engage, don’t exclude: Through a series of executive orders, the current government has shrunk the legitimate powers of gram sabhas in adivasi areas to participate in decisions over matters that affect them, from developmental and mining projects to diverting and destroying forests. None of these rollbacks were run by locals or justified to them. They orders came in response to high-level lobbying, and often after explicit PMO directives. The effective message to adivasis is that their participation is irrelevant, or an irritant. Dedicated area development funds in adivasi areas such as the Integrated Action Plan are imbued with a similar scuttling of participatory norms. IAP funds, hundreds of crores of rupees, are entirely controlled by 3 district bureaucrats, violating the legal mandates of local communities and elected panchayats. What proportion of IAP money and energies were spent to engage communities in key challenges like creating accessible and meaningful healthcare in their area?

8. Don’t patronise the adivasi: Adivasis are not our ‘backward’ siblings but full and equal citizens confronted with, and living through enormous inequality and injustice. Recognize that adivasi societies are home to deep and distinctive traditions, which add to the diversity India takes pride in. They also possess an evolved ecological awareness, acquired over generations of managing their environments and livelihoods— knowledge systems that arguably rival those of the most celebrated “development experts”. If the rest of India has the humility to listen, adivasi communities might hold valuable policy insights on how we could avoid replicating the fate of China, which has gravely damaged its environment on the path to economic progress. Incidentally, adivasi societies also possess better sex ratios than some of India’s most developed areas including South Delhi and South Mumbai. Don’t look down on adivasis for “staying aloof from the meanstream [sic] of modern society”, as one government document on Malkangiri’s IAP put it. The fundamental issue seeking resolution is not adivasi difference, but mitigating the inequality and injustice that compromise democratic values for them at every turn.
http://www.outlookindia.com/article.aspx?285799

See also:

Kishore Chandra Deo likely to force a rethink on tribal mining
In a move that could force the government to rethink its mining plans in the tribal dominated forest areas of the country, Tribal Affairs Minister V Kishore Chandra Deohas said that mining in areas populated by scheduled tribes, such as the Saranda Forests of Jharkhand, violates the provisions of the Constitution.Deo has written to Prime Minister Manmohan Singh, Congress president Sonia Gandhi and Congress vice-president Rahul Gandhi questioning the manner in which mining has been permitted in Schedule V areas such as the Saranda Forests. Constitutional safeguards for people belonging to the Scheduled Tribe communities are enshrined in Article 244 of the Constitution, and the provisions and rules to ensure these safeguards have been elaborated in Schedule V of the Constitution. Deo makes the case that in practical terms, only companies or entities owned and controlled by the communities designated as Scheduled Tribes in a state can undertake mining in these areas. "A new threat to our constitutional safeguards have unraveled themselves in a newer dimension, which has been resorted to by many states for mining within these protected areas," the minister said in his letter to the Prime Minister. "We need to go in for self correcting initiatives taking a realistic assessment of the Constitution and do away with the said illegal machinations which are ultravires of the Constitution and restore the sanctity of our constitution," Deo urged. The tribal affairs minister's questioning of the manner in which mining is carried out in the Schedule V areas not only affects clearances given by the environment ministry but calls into question the facilitation by the Cabinet Committee on Investments in these areas... See PDF of the letter
http://www.scribd.com/doc/144895536/April-2013-Minister-for-Tribal-Affairs-v-Kishore-Chandra-Deo

Collateral damage? Maoists say sorry for killing Bastar journalist

 Javed Iqbal: The Killing of Journalist Nemichand Jain

Extracts from Sabyasachi Panda's letter to Maoist leadership

RAMACHANDRA GUHA - The continuing tragedy of the adivasis

An open letter on undertrials: Adivasis need speedy and impartial justice

Dilip Simeon: The Other side of Maoism

On 'revolution': Closing the Circle (Frontier Vol 45, No. 7, Aug 26 -Sep 1, 2012)

An Open Letter to the world on the Bangladesh crisis of 1971

A Hard Rain Falling (on private armies and political violence in India)

On the Salwa Judum

Maoism and the philosophy of insurrection

The Futility of Common Sense: An Essay on Ahimsa


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Posted in corruption, current affairs - India, ecology, justice, mining, naxalism | No comments

Tuesday, 11 June 2013

Himanshu Kumar - They Are Not The “Others”, We Are

Posted on 09:29 by Unknown
Himanshu Kumar says tribals are still a pawn on the chessboard of provincial politics. Saying there’s no better time to talk about tribal rights than now, he is on an indefinite fast to highlight their exploitation by states and multi-nationals


Amidst a rising chorus asking to send more forces into Chhattisgarh in the wake of the deadly Maoist attack on political leaders, activist Himanshu Kumar has undertaken an indefinite fast at Delhi’s Jantar Mantar. “I’m trying to draw the attention of the urban middle class, so that they at least understand what the problem is, before asking for absurd solutions,” Kumar told TEHELKA. While civil rights activists have gone hoarse asserting that the Maoists are not a law-and-order issue, large sections of the media and influential, powerful urban classes keep reiterating their demands to send in more forces after every untoward incident. “What the Maoists did in Darbha valley is heinous and condemnable, but it doesn’t mean the government is any less guilty of massacre,” said Kumar, claiming that the state government has deliberately not implemented development works in remote regions. He claimed that by inflicting brutality on the tribals through its foot soldiers, i.e. the police, the state was terrorising them into leaving their lands, which would then be passed on to the multi-nationals. “The government doesn’t realise how angry the tribals are with its policies. The Naxals are taking advantage of this anger.”
On the killing of Mahendra Karma, the founder of Salwa Judum, an anti-Naxal outfit, Kumar said the brutality, although inexcusable, was not inexplicable. “Karma was stabbed more than 70 times by female cadres of the Maoists. They could have just shot him dead. But what happened was the seething rage for all the rapes and torture unleashed on the tribal women by the Salwa Judum.”
Kumar also alleges that the media is complicit in ignoring the unconscionable crimes committed against people across the tribal belt. He mentions the time when then Chief Justice of India YK Sabharwal ordered the sealing of all illegally-obtained properties in Delhi, the media had turned activist for the rights of those facing ouster. “Even though everyone admitted it was illegal, they wanted the court to take a lenient view on humanitarian grounds. But when we talk about how tribals are being uprooted from their lands, which they have inhabited for thousands of years, everyone falls silent. Why this hypocrisy?” asks Kumar. It is in this backdrop that calls for sending in more forces to tackle the Maoists seems like a reckless idea that will serve to alienate the tribals even more and benefit only the Reds.
But according to the government, it’s the Maoists who’re not letting development work take place in remote places. Kumar rubbishes this view, “We almost persuaded the Naxals to stay away from school buildings. The problem, as the tribals told us, was that the police and the CRPF would occupy the school building, and start harassing their people. They raped the girls, beat up the sons, and destroyed their crops. So the Naxals started demolishing schools to prevent security forces’ piling up.” Kumar says the biggest setback was when the government ignored the proposition that both the forces and the Maoists should stay one km away from the school buildings. “The Naxals agreed instantly to this demand of ours. But when the Chhattisgarh UNICEF head Lata Menon wrote to the chief secretary about this, she didn’t even get a reply,” says Kumar of the government’s arrogance. It’s not just the state government that’s guilty, according to him even the Prime Minister has let the people of this country down by asking for the abolishment of the clause that requires a 51 percent majority in the gram sabhas to allow development work. This is in contrast to the recent ruling of the Supreme Court in the Niyamgiri case, empowering gram sabhas to decide if they want a mining company to extract from their land.
Another Volley Of Bullets For Bastar’s Tribals
Kumar rattles off other foolish decisions of the administration, “When they heard Naxals were pilfering mid-day meal rations from the schools, they shut down the schools. If there’s a rat in your house, you don’t burn the house down, do you?”
When asked for a response to those who claim that the tribals themselves are wary of and opposed to the government coming in to their villages to build roads and development works, Kumar says the answer to that is in the 5th Schedule of the Constitution. “Development and roads can come later. But first, are you letting the tribals have even the fundamental rights – right to life and life of dignity – as enshrined in the Constitution? When you deliberately don’t want schools, hospitals or a ration shop in the region because your first priority is to oust people from those lands, how can you talk about uncooperative tribals?” says Kumar.
According to Kumar, the discourse on Dandakaranya gets trapped between two extreme schools of thought, one that gives tribals absolute rights over their land, and one that believes a developing nation like India should harness all her resources to create more industry and jobs. “In the midst of that, the everyday violence inflicted on the tribals never gets the spotlight. Eight innocent villagers were killed in police firing on 17 May in Edesmeta village of Bijapur district. Where were the panel discussions? Where was the outcry?” asks Kumar, his pitch rising with every word.
“The plight of tribals is not a very attractive issue, I’m not expecting a crowd like the other activists get. But I know there are many in this country who care about democracy, justice and equality for all. They will come and join this movement, and express solidarity,” says Kumar, reminding once again that “the tribals are the original inhabitants of this land; we are the outsiders, the intruders.” Many in the know believe that the latest attack on Congress leaders by Naxals has led to a revaluation of the party’s stance, claiming the government has no choice but to send in more forces to the region. Kumar indignantly cuts in, “No choice? Why can’t the government try us as the last choice? Send back Binayak Sen, Himanshu Kumar to the forests. Admit that you made a terrible mistake by driving the activists out of Chhattisgarh and apologise to them. We’re willing to take the bullet, but is the government willing to bite it?”
http://tehelka.com/they-are-not-the-others-we-are/


See also:
RAMACHANDRA GUHA - The continuing tragedy of the adivasis

An open letter on undertrials: Adivasis need speedy and impartial justice

Collateral damage? Maoists say sorry for killing Bastar journalist (March 31, 2013)

A Hard Rain Falling (on private armies and political violence in India) (EPW, July 2012)

On 'revolution': Closing the Circle (Frontier Vol 45, No. 7, Aug 26 -Sep 1, 2012)

An Open Letter to the world on the Bangladesh crisis of 1971

Dilip Simeon: The Other side of Maoism

On the Salwa Judum

Maoism and the philosophy of insurrection

The Futility of Common Sense: An Essay on Ahimsa
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Posted in current affairs - India, human rights, justice, naxalism | No comments

Monday, 3 June 2013

K. Balagopal - Political violence and human rights: The case of the naxalite movement in A.P.

Posted on 09:20 by Unknown
Systematic and calculated violence begins with the enemy, but soon turns to the agents of the enemy within and among one’s friends. That is why all strategies of systematic violence consume more of their own social base than the enemy. The naxalites social base consists of the ladles poor, the peasants, and the miners and factory labor, with the middle class as a potential ally. Yet the majority – overwhelmingly – of the victims of naxalite violence belong precisely to these classes/groups... Another problem with systematic violence used as a method of struggle is that it creates a gap between the leaders and the led that in turn enlarges the questions ever present in human affairs about the congruence between ends and means. 
Human Rights activists have generally found political violence to be problematic. By political violence I mean here the violence of rebel movements. There is no theoretical difficulty in understanding the kind of political violence that stems from the attempts of oppressors to sustain their domination over the oppressed. The Human Rights movement finds it easy and unproblematic to condemn it. Nor is there much problem with intra-elite violence. The Human Rights movement has sometimes ignored it as a matter of no concern, or else analysed it and opposed it from the point of the harm it does to the life, livelihood or other interests of the poor and the oppressed.
There is no difficulty here because the two major concerns of the Human Rights movement are congruent here. The Human Rights movement is on the one hand concerned about the taking of life by acts of violence; on the other hand it is also concerned about political, social and economic deprivation and subjugation. In other words, the Human Rights movement is equally concerned about physical violence and structural violence, the violence inherent in the social structure. When physical violence is resorted to in the cause of the beneficiaries of structured violence in society, the two forms of violence are congruent with each other, and then there is little philosophical difficulty in expressing simultaneous opposition to both, whatever the practical difficulty of fighting them.
But when rebel movements take up physical violence in the cause of their rebellion, they indulge in physical violence in order to fight the structured violence of social iniquity or economic deprivation. Here the two concerns of the Human Rights movement are at variance with each other. One form of violence is undertaken to purportedly get rid of another form of violence. Does the Human Rights movement defend the choice and implicitly sanction the taking of life? Or does it defend the right to life and lay itself open to the charge that it is implicitly defending or protecting structured iniquity?
This is a very difficult but very real dilemma.  It is frequently sought to be by-passed either by claiming that all resort to violence in the fight against inequality and injustice can always be rejected; or that the violence undertaken by rebel movements is precisely such as – in quantity and in kind – is necessary and indeed essential if the injustice being fought is to be overcome. Neither claim is sustainable. Nonviolence is certainly desirable but not always practical as a policy of the struggle against injustice; but the violence of rebel movements is rarely as well balanced and exactly sufficient for its stated aim of establishment of justice as the movements claim it is. It frequently results in injury of a kind and quality that cannot be justified as essential or unavoidable for the cause of justice.
The solution to this dilemma does not lie in closing one’s eyes to this infirmity of one’s position or that. Nor, therefore, in choosing one infirm position or the other. But in maintaining a balanced position that will do as much justice as possible to the totality of the concerns of the Human Rights movement.
Of course, at this level of discussion one is not going into certain tricky philosophical questions. Can it ever be said – and if so in what sense – that the taking of a particular life is essential or necessary in the interests of justice?  How is the taking of a life today justified by the justice that is to dawn tomorrow? Or how is the loss of one person’s life justified by  the relief it gives to a dozen other people? These are familiar moral questions, but I am not going into them here. I am abstracting from these questions to reduce the human rights dilemma to manageable proportions. That is to say, I am presuming that there can be a goal – such as social, economic and political justice for all – whose realisation is an overriding aim of human activity, so much so that if it really requires the taking of the life of a person who is an obstruction to that goal, then the taking of that life is justified, if there is no other way (that is not prohibitively costly) of getting over the obstruction he causes. This is already conceding a lot. Yet, the dilemma remains, as explained above.
A reasonably -though not entirely – satisfactory way of resolving the dilemma is to simultaneously educate society about the need to mitigate and minimise the iniquitous conditions that call for, or appear to call for, violence as a necessary answer, and to caution those who resort to such violence about the necessity of maintaining congruence between the need and the response, in kind as well as in quantity. Whatever the philosophical dilemmas that still remain, this is a response that affords a reasonable answer to the dilemma, provided one believes in it honestly and emphasises both sides of the response equally.
The naxalite movement:
The naxalite movement provides a convenient illustration. And while considering it one discovers that there are other problems with political violence as well. The violence of the naxalite movement finds justification in argument at three levels. At the primary level, an oppressor who lords it over the poor must be dealt with violently if the poor are to breathe freely. There is considerable attraction to this notion, though difficulties creep in the moment one qualifies it by saying that it must be demonstrated fairly that a given individual is actually such a person and that there is no other way (that is not too costly) of handling his oppressive domination, before acting violently against him. But then comes the second level justification. The poor and the oppressed must establish their authority or power over society and social relations if oppression is to be put an end to once for all. This provides justification of acts of violence that go well beyond the killing of an individual oppressor. The third level is that the poor and the oppressed, through their party, must capture State power and rebuild society by means of that power. This carries the range of acts of violence sought to be justified even farther.
As a matter of fact, only a small fraction of the acts of violence indulged in by the naxalites can be said to belong to the first level of violence. Most belong to the second and third. At these levels, it is quite difficult to assess the congruence of ends and means or the price paid and the result achieved ( ignoring, as already indicated, the question whether the price paid by one can ever be justified by the result obtained by another).
But I have said there are other problems as well. Let us see a few of them.
The election of systematic violence by the naxalites has gone hand in hand with the State electing a response of systematic  violence to the naxalite movement. (Which of the two is the cause and which the consequence is a question that need not detain us at this point). The latter may  in principle be totally condemnable while the former only an object of criticism when it exceeds determinable limits, quantitative or qualitative. Yet it is an undeniable practical observation that the two copy a lot from each other because they set each other’s terms. One end product is that on both sides it is the weak and the vulnerable that get injured. Over a period one begins to see that this systematic violence on both sides bleeds society, something which one can accept with equanimity only if one is able to abstract oneself from the society in which it is going on and set one’s sights on the millenium that is to result from it. That is a tall order, especially for one whose idiom is that of human rights, which allows one little freedom to abstract oneself from present suffering.
Systematic and calculated violence begins with the enemy, but soon turns to the agents of the enemy within and among one’s friends.... Read the full article:
http://balagopal.org/?p=858#more-858

See also

Chitrangada Choudhury, Ajay Dandekar - Dealing With The Maoists // Kishore Chandra Deo likely to force a rethink on tribal mining

RAMACHANDRA GUHA - The continuing tragedy of the adivasis

An open letter on undertrials: Adivasis need speedy and impartial justice

Collateral damage? Maoists say sorry for killing Bastar journalist

 Javed Iqbal: The Killing of Journalist Nemichand Jain

Dilip Simeon: The Other side of Maoism

On the Salwa Judum

Maoism and the philosophy of insurrection

The Futility of Common Sense: An Essay on Ahimsa

K. Balagopal: Political violence & human rights: The case of the naxalite movement in A.P.

Jairus Banaji: Fascism, Maoism and the Democratic Left

A Hard Rain Falling - private armies & political violence in India-EPW, July 2012
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Posted in critical theory, history, human rights, naxalism | No comments
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