Friday 27 February 2015

Release Human Rights Defenders Thushar And Jaison - By Asian Human Rights Commission


The Asian Human Rights Commission (AHRC) strongly condemns the arrest of reputed human rights defenders and advocates Thushar Nirmal Sarathy and Jaison C. Cooper under the draconian Unlawful Activities Prevention Act (UAPA) in Kerala. They, like many others in the state, have been labeled “Maoist sympathizer” and are in jail since 30 January 2015.
Jaison, a well-known blogger has lent his voice to a variety of grassroots struggles of the marginalized and dispossessed sections of society in India and abroad. He was taken into custody on 29 January 2015 from Cochin, while Thushar was arrested after he addressed a press conference in Kozhikode the same day in Nalanda hotel. The police approached him after Thushar finished his conference and asked him to come to the Chemmangad Police Station for some ‘inquiry’ which Thushar complied with. At the station his arrest was recorded and was later transferred to Kochi and is currently in judicial remand.
Their arrests follow a pattern; the government has been targeting human rights defenders and rights activists by labeling them as “Maoist” sympathizers and thereby criminalizing them.

This is despite the Supreme Court order in the Binayak Sen case, which held that mere membership of a banned organization does not make a person criminal. The Bench, comprising Justices Markandeya Markandeya Katju and Gyan Sudha Mishra, stated that:
“In our opinion, Section 3(5) cannot be read literally as otherwise it will violate Articles 19 9(free speech) and 21 (liberty) of the Constitution. It has to be read in the light of our observations made above. Hence, 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.”
The arrests have also followed a series of raids on the residential premises of persons engaged in human rights activities in Kerala. Advocate Thushar is the Secretary of Janakeeya Manushayvakasa Prasthanam (People’s Human Rights Forum), which has fought against human rights violations by the state authorities in Kerala for almost a decade. He has, ironically, also written a book on the draconian UAPA and also produced a short documentary film on the same subject titled U R under Arrest.

He, along with Jaison, had also played a major role in mounting a campaign in Kerala for the release Dr. Binayak Sen, when police, in the Indian state of Chhattisgarh, under the same draconian UAPA, arrested the doctor.

Both Thushar and Jaison are actively engaged with peasants’ struggles against land acquisition, illegal rock quarrying, forcible evictions, and the violation of labour rights of migrant workers in Kerala, as well as in struggles against various polluting industries. Thushar, as an advocate, has also offered legal help and counsel to activists targeted by the state machinery. For instance, he stood for Sreekanth and Arun Balan who had been arrested by the police for allegedly carrying out attacks, and had no legal counsel.

Keeping both Thushar and Jaison in captivity, despite raids on their houses not having garnered any incriminating evidence against them makes a mockery of a justice system that is supposed to hold bail and not jail as the norm. Even the initial charge sheet filed by the police seeking their remand carried no evidence other than their possessing pamphlets and Maoist literature of the kind freely available in the public domain.

The right to read and possess literature is a freedom of expression guaranteed under the Constitution of India. To face punishment and jail term for possessing pamphlets and literary material of a political character that is freely available in the public domain shows the extent to which the Kerala police are willing to go on their human rights activist witch-hunt.
The AHRC wishes to emphasize that the UAPA is a travesty of both justice and democracy and has been used mostly for criminalising the Muslim minority and strident human rights activists. As leading Kerala activist B.R.P. Bhaskar noted in 2013, of the 100 people detained under the UAPA, 92 are Muslims and 8 are those accused of being Naxalites or Maoists.
Such a witch-hunt of human rights advocates and activists, under the guise of battling extremism, is unacceptable in a functioning democracy. The AHRC calls upon the government of Kerala to intervene in this case, release Thushar Sarathy and Jaison Cooper unconditionally, and stop the police vendetta against the human rights defenders.

25 February, 2015
AHRC




Sunday 22 February 2015

Kerala's Maoist Question - By Aishik Chanda


“January 26: Sham Republic Day” and “Kick out Yankee monster Obama” were some of the posters stuck to the walls of Tamarind Easy hotel of Kerala Tourism Development Corporation in Thirunelly, Wayanad district in northern Kerala in what is supposed to be the latest Maoist attack in the state on Sunday. This government resort is near to private resort Agraharam that came under similar Maoist attack on November 18.

Naxal activities in the state have seen a steady rise since the last year and a half. In the beginning of this phase, the main agenda of the armed red rebels was to provide shelter to their brethren from Andhra Pradesh, Chhattisgarh and West Bengal. Since then, the Maoists have put up a steady show of attacking resorts, forest outposts, stone crushing units and American retail food outlets. However, most of the fire has been aimed at the resorts, which the Naxals treat as symbols of oppression built on Adivasi lands.

Adivasis in Kerala, who make up less than 3 per cent of the population, are concentrated in the hilly forested regions of Kannur, Mallapuram, Kozhikode and Wayanad and Idukki districts. Activists and researchers claim that Adivasis are the people who have completely been bypassed by the “Kerala model” of development.

Adivasi Gothra Mahasabha (AGM), an umbrella organisation of Adivasi groups of the state, claims that Forest Rights Act-2006 has not been implemented in the state fully. The group had, for more than five months, staged Nilpu Samaram or “standing stir” in front of the Kerala Secretariat in Thiruvananthapuram, demanding land for the landless Adivasis and stopping privatization of Aralam farmland.

In the protest, more than 50 Adivasis from the northern districts kept standing on the pavements in front of the Secretariat against non-implementation of the promised land distribution during a previous 48-day Kudiletti Samaram protest in 2001, during the tenure of former Congress Chief Minister A.K. Anthony. The “Standing stir” was called off following similar promises by the present government.

AGM leader C.K. Janu had, during the protest, claimed that the previous promises of A.K. Anthony had not only been not implemented but the number of landless Adivasis rose from 35,000 in 2001 to 75,000 in 2014.

C.K. Janu had in 2003 led more than 1,000 Adivasis to illegally occupy a wildlife sanctuary in Wayanad district. The government led its armed police into the region, personnel of which opened fire on the protesters, leading to death of 4 of them. One policeman also died in the confrontation.

Ironically, the reason for the Adivasi struggle in the state – land – has long been distributed among the populace. This shows that one of the first land reforms in the country has completely bypassed its most depressed and deprived population. Lack of land or jobs has also led to innumerous malnutrition deaths in the northern districts over the years.
Banking on this resentment and continual deprivation, Maoists, under the CPI (Maoist) Western Ghats Regional Committee of the People’s Liberation Guerilla Army (PLGA), are hoping to make inroads into the Adivasi hamlets of the northern districts of Malabar region of the state. Hence, they are attacking the very signs of oppression on the Adivasis – the stone crushers and the resorts – that have come up on the Adivasi lands, denying them any rights on their lands.

Only one incident of exchange of fire between Thunderbolts, a counter-Naxal commando force of Kerala police, and suspected Maoists was reported in Vellamunda in Wayanad district on December 7 last year. This shows that the Naxals are avoiding direct confrontation with the armed forces as of now.

While the state has responded in increased combing operations in the forested region, activists fear this may lead to more tortures, arrests and harassment of the Adivasis. Previous Naxal experiences in the country have shown that Maoist ranks swell from local recruits following such police harassment and torture. Many Adivasi youth have been arrested in the name of counter-insurgency operations. The government needs to check this or see rise in Maoist ranks in the state.

Murali Kannambali, former secretary of CPI (ML) Naxalbari before the party merged with CPI (Maoist) on May 1 last year, is said to be the tallest Maoist leader in the state. Son of former diplomat Kannambali Karunakara Menon, Murali has been inducted into the central committee of CPI (Maoist) after the merger.

Coming from the group of Naxals that emerged in the state during the initial years of Naxalism in India in the late 60s and early 70s, Murali is said to have spent a year in Paris in 1984 looking after the activities of the Revolutionary International Movement, the international forum of Maoist parties. As a Naxalite leader, Murali was instrumental in turning many engineering students into Naxalites in the mid-70s.

Even as Home Minister Ramesh Chennithala claimed that anti-social elements under the garb of Naxals are behind the attacks and there is “no need to panic” as the Maoist movement in the state does not enjoy popular support, government chief whip P.C. George had called for an end to anti-Naxal operations and spending crores of rupees to nab a “few dozen Maoists”. He said that the state should fight the Maoists with ideology and not with arms and was pulled up by Mr Chennithala for his statement. The Home Minister said that first, the Naxals have to put down arms, only then can the counter-insurgency operations stop.

On the other hand, the Adivasi Gothra Mahasabha has claimed that there has been an effort from both the state and the Maoists to enlarge the story of terror and make sure that the Adivasi areas are left isolated, so that the ganja (marijuana) cultivation and stone quarrying thrives. AGM has claimed that ganja cultivation has grown in areas where the Maoists have stronger presence.

However, many Adivasi activists have claimed that the Maoist story is being propagated larger than what is ground reality. As of now, this story has hampered inflow of tourists in the state, which have gone down by 30-35 per cent since last year.

The state should immediately start considering Adivasis as very-much residents of Kerala. Then Forest Rights Act, Panchayati Raj Extension to Scheduled Areas (PESA), distribution of “cultivable land” to Adivasis and reduction of malnutrition deaths will follow automatically.
As far as the Maoists are concerned, experiences of West Bengal and Andhra Pradesh have shown that they can be flushed out of a state, but they will continue returning back till they find fertile grounds for “revolution”.

The writer is pursuing M.A. in Dalit and Tribal Studies and Action at Tata Institute of Social Sciences in Mumbai. He was a working journalist at The New Indian Express and Deccan Chronicle in Hyderabad. He continues to write as an independent journalist. He can be reached at chanda.aishik@gmail.com

21 February, 2015
Countercurrents.org

Sunday 15 February 2015

Aam Admi And Dalits By Rahul Sonpimple



Rahul Sonpimple
The recent astonishing emergence of ‘AAP’ in Indian politics has undoubtedly shuddered the political considerations of many after a long time; at least to the extent of reimagining an alternative politics. The AAP emerged as a political outfit from the anti- corruption protest led by Anaa Hazare and other Gandhians. Up till now, it has been effectively benefiting from the shared disappointment of the middleclass with the contemporary form of politics and governance. It is important here to note that, the media and civil society organizations have been very significant in not just in spreading of AAP’s head across but also in forming convincing opinions about the party as a vibrant alternative. With an unexpected success in the Delhi elections, AAP, seem to be finally stepping out from the protective circle of civil society and media.

Recently, the political opponents of AAP, as well as the media and a section of intellectuals have started to raise questions on the approach and methodology of the political party towards real and long standing issues like internal security, budget, policy on Kashmir, problems of SC/STs, minorities, women’s agenda etc. which have been continuing to shape Indian society and politics in unique ways. The euphoria created around AAP during the pre-elections had not allowed a rationalistic assessment of the party’s political manifesto. These concerns did not appear in the spectacle of intellectual assessments or in media discussions. The AAP leaders, in particular party president Mr. Kejriwal and ideologue Mr. Yogendra Yadav emphasized that the party does not embrace any particular ideology; rather it is a political organization of all honest and good people who believe in the problem solving approach which aims to end socio-political problems and corruption in government system.
Nonetheless, their affiliations and actions in the past and present reaffirm the party’s beliefs in Gandhian ideology. Their dream of realizing idea of the Gandhian Swaraj, in principal, does not permit claims towards ideological neutrality. The party rather seems to be seized with dominant thoughts against which the marginalized communities have put up a struggle.
Taking an account of the Dalit and other marginalized community’s perspective on the issues of development, democracy, etc .The ‘AAP’ seems to be representing the common dominant thoughts and daily frustrations of urban caste-Hindus, caused by the constitutional provisions.

The Idea of Aam Admi and Social Hierarchy:
Social stratification in any particular society with its fundamental nature reproduces margins and places certain social groups in the bottom of social ladder. Moreover social mobility for such groups in most of the democratic countries has been a concern for state and civil society and has been ensured through legal and social actions respectively. Caste in its principal has uniquely stratified the Indian society as compared to the other stratified societies in the world. As a result, power and position of an individual is mostly ascribed according to her/his caste. Surprisingly the available data, reports and tangible reality which exists in daily affairs does not allow one, at least morally, to disdain the presence and control of caste rules and norms in defining an individual’s destiny even in today’s modern Indian society. The so called upper caste-class, with help of the media and “civil society”, has succeeded to form an isolated existence of their own, cut off from the existing reality, where caste is no more a reason to define an individual and her/his destiny. The blame for the existing dreadful situation of the country is strapped on solely to the corrupt politicians and government officials. This sharing of distorted reality is peculiar to the urban middle class-upper caste. It often comes into the picture through the demonstrations against modern laws and policies formulated for the protection of rights of Dalit-Bahujans.

A relook at the political upheavals of upper caste-middle classes on the issue of reservations for SC/STS and BCs in the not so distant past, will bring forth the memory of ‘Youth for Equality’ an anti-reservationist organization, within which Kejriwal had emerged as a prominent leader of the anti-reservation movement. With the passage of time, Kejriwal seemed to be little modest on the issue of reservation, with his active participation in politics and in the company of several so called progressive ideologues like Yogendra Yadav. Yet, his recent comments on the reservation policy, reflects the common perceptions about reservation, which underplay the fundamental idea behind reservation for social equity.
Kejriwal and his colleagues have been loosely using the term ‘Aam Admi’, giving it a homogenous essence by positioning entire political class as ‘Khas’ and rest, including oppressor caste-class groups as ‘Aam’. Such a reductionist approach and homogenization not just undermines the existing socio-economical inequality among social groups but also preserves the vested interests of ruling caste. The recent incident with social justice minister K.L Puniya in Odisha where he was barred by the caste-Hindus from entering in a Hindu temple, expose the illusions created by AAP, making us to wonder about the very use of the category of ‘Aam Admi’.

Idea of Swaraj & Ambedkar:
With an intention to realize the Gandhian scheme of Gram Swaraj which Gandhi himself envisaged from the idea of ‘Ram Rajya’, AAP with its Gandhian sympathizers rhetorically endorses the decentralization of power, where the power of governance and rights of democracy will be in the hands of the local people/community. Consequently, the AAP has been experimenting with these ideas in the localities of Delhi, which resulted into adversities for African-women immigrants of the city. The unsettled positions on decentralization and giving of power to the local communities have always been contested within the long standing Gandhi-Ambedkar debate on the Gram Swaraj. Although, Gandhian ideas have always been sustained by the political patronage of the ruing caste-class, Ambedkar’s predictions on Gandhian Gram-Swaraj still find its relevance in the operating violent reality of rural India. For Ambedkar, villages were an oppressors' paradise. "What is a village but a sink of localism, a den of ignorance and narrow-mindedness’’ said Ambedkar. Gandhian concept of Gram Swaraj i.e. Village Republics were a cause of the “ruination of India”. They were nothing but “sink of localism and of ignorance and communalism”. However, Ambedkar’s views on Gram Swaraj have gained little attention in our intellectual tradition and in civil society activism. As a result Gandhi’s unfinished dream of “Ram Rajya” through Gram Swaraj was subsequently institutionalized in the form of the 73rd Constitutional Amendment Act (1992). Ambedkar’s views can be evoked once again in the light of endless cases of discrimination and oppression against Dalit/women sarpanches by local dominant communities. Yet the celebrator of local culture and self-righteous Gandhian ideals seems to be untouched with such stark reality. Yogendra Yadav is one of those admirers, who with his co-workers in AAP, is struggling to propagate the Gandhian dreams of Gram-Swaraj. In a recent interview with CNN-IBN in Jind, Haryana, while responding on the question on involvement of local community in decision making, he ignorantly differentiated human rights issue of Dalits only with the extreme form of caste discrimination and suggests community involvement should be restricted in those issue while there should be complete involvement of community on infrastructural issues in the community. Ironically, many times Dalits who are sarpanch or members of a gram sabha-panchyata sameeti, are not allowed by local dominant castes to participate in any kind of decision making process. In multiple instances Dalits raising a voice against political exclusion at village level have had to pay heavy prices for their assertion. Surprisingly, Yadav, while endorsing the Gandhian dream of Gram Swaraj, with his aspiration to become Chief Minister of Haryana, seems to be oblivious about the fact that Harayana is one of a most feudal and oppressive state for women and Dalits. The recent protests by Dalits in Jind, against the series of brutal gang rapes of Dalit women in the district, seemed to have skipped the attention of ideologue. All most all political parties headed by upper caste, talk about Dalits but none of them have ever agreed to solutions provided by Dalits themselves and AAP seems to be following in the same lines with its Gandhian agenda of Swaraj.

Fake anarchism and real revolution:
As discussed above, media has not only played an important role in spreading AAP’s head across but in the process it has been actively distorting thoughts and ideologies which have largely been one way or other used by the oppressed communities to reimagine a just society. With the high amount of passion media mostly electronic first named Arvind Kejriwal as a Socialist and is now celebrating his political protest against the Union Home Minister as Anarchism. Interestingly, once again Kejriwal with his self-righteous attitude has labeled himself as an antichrist which is seemingly another strategy to score the image of a martyr for the upcoming general elections. Although, there have been longstanding intellectual engagements on the necessity and compatibility or even fallacy of such ideological armaments, the basic nature of any revolutionary ideological scheme restrains itself within the structural or individual reform of any particular stratified society. While anti-stateism is central, the philosophical arrangements of anarchism considered as the basic foundations of society as constraining the natural development of individuals. In addition, one may notably argue that, the Indian society, marked by the stark caste reality as it’s super and supra structure both, requires to be considered as a solid constrain in the natural development of entire society. Accordingly, labeling Kejriwal as an anarchist would be the mockery of any revolutionary ideology, since Kejriwal and his party’s stand on caste and Dalits is rooted in the Gandhian paradigm which has been opposed and disdained by the most oppressed group- Dalits in the country.

Concluding Remarks:
The governing belief on morality, of what is right and wrong, in India have predominantly been crafted with Brahamnical textures of thinking patterns and hitherto sustained by the caste elites. However, with the introduction of constitutional morality in general and modernity in particular such dominant currents of Hindu morality have also been pushed into the realm of contestation. It is quite evident that caste in the discourse of political morality, neither in the past nor in the present, has ever been a willing choice of any mainstream political party or social organization headed by upper caste, it is rather a pressure created by the Dalit-Bahujan struggle against injustice and oppression. As a result, social justice as a revolutionary concept has been narrowed and limited only to the issue of reservation.

The recent anti-corruption protest by Anna Hazare and his companions and the subsequent emergence of AAP in political arena have been loaded with dominant beliefs of political morality which deem corruption only as a governance phenomenon. They have managed to escape from the fact of social and religious corruption which blatantly exists in the society, imprisoning Dalit-Bhaujans in the water tight compartments of caste. The issues like misuse or lapse of SCP/TSP money by both state and central government, vacant posts of SC/ST quotas in government intuitions, one caste group monopoly on small and big business, caste group holdings important administrative posts, caste group work as a safai karamcharis in government departments, unequal pattern of land holding according to caste, and many other issue related with caste, according to Kejriwal and AAP leaders do not qualify in the category of corruption and moreover fail to be the issues of “Aam Admi”. The rhetoric of Aam Admi by AAP is limited only to urban upper caste-middle class. With such an exclusionary ideology and attitude, AAP and its leaders have already formed a Dalit-Bahujan hostile camp.
Rahul Sonpimple is an Academic Associate, Institute of Rural Management Anand (IRMA). Gujarat

08 February, 2014
Countercurrents.org