Shave your beard! Mr. Rahul Gandhi

When the country was debating over the landmark judgment of the Apex Court, which entitles them to register their “democratic dissent” over EVMs; something very weird was orchestrated by the first family of the Congress party. Mr. Ajay Maken kept down his phone and announced that the Hon’ble Vice-President of the party padhar rehe hain...

He rushed in! He said what he was asked to say! And he rushed out!!

This Ordinance, in its process and content, is no good. And it does not require any imprimatur from Mr. Rahul Gandhi, the Silent second-leader-on-command. However, he speaking and using hard words raised many eye brows both inside the government and outside.

“It (the Ordinance) is complete non sense. It should be torn up and thrown away. It is my personal opinion.” He said.

I could recall, Mr. B.R.Ambedkar using similar language in Rajya Sabha on 2^nd September 1953, where he said, 

“…I shall be the first person to burn it (the Constitution) out. I do not want it.”

Ambedkar’s frustration is clearly understandable. He said, he was a ‘hack’ and he did what he was asked to do, much against his will. Moreover, in his opinion, “(the Constitution) does not suit anybody”. But when RaGa chooses these languages I politely ask: Why you? Why now?

This Ordinance was placed before the Cabinet and the Representation of People (Second Amendment) Bill, 2013 was introduced in Rajya Sabha under your nose! Were you not aware of? Why this sudden rise of conscience now? Why this grandstanding after Milind Deora’s criticism and BJP’s President meet? Mr. Gandhi, You have to explain! And you have to explain more… why this new Congress line now? Is this UPA government not led by your party? Or have you decided to kick Lalu Prasad out and go ahead with Nitish? 

Importantly, Mr. Rahul! Your bossy élan! Ridiculous! By the way, was it an off-late image building from ‘jack’? Or was a desperate attempt to assert leadership? Have His Excellency tutored you well? Or have you realized that your Rasheed Masood can’t go through and will get pressed down hard under NOTA button, in any case?

Mr. Gandhi! As Mr. Jaitley said ‘damage control exercise’ won’t help! Everyone can see through. You could have been a little more honest. Belated realization, if any could have been communicated better. Snubbing the Prime Minister, when he can’t fight back and using these languages only shows your political iniquity. If you want to look good, shave your beard instead of lathering Manmohan’s. Contrarian approach and Back biting won’t get you vote. Why call this ordinance ‘Non-Sense’, when most of us personally think you to be the one? I sympathize!

Pranab’s tainted Resume!

Let’s not get distracted with the competitive ambitions of PM aspirants. Let’s not the pure ego of Lee and Hesh rag us much. Let’s not attach too much importance to what Abu Jundal is singing inside the custody. Let’s focus on the Big News- Mr. Pranab Mukherjee’s ride from North Block to Raisina Hill. Am neither interested in entering into a discussion with Mr. Punj as to Should a failed FM be made the President? nor is willing support the candidature of Mr. Jethmalani, whose grievance is- his friend Pranab concealed the names given by Germans and French. Simply, my problem here is: Am a little worried as Mr. Mukerjee’s questionable integrity might sully the ‘sanctity’ of the post, which the Hon’ble Supreme Court in P.J. Thomas case attached too much import to.

Mr. Pranab Mukherjee
Photo Courtesy: Ennapadam Panchajanya

The importance of this write up is- its Urgency, both in intervention and in fact finding. My close buddy might argue clamorously, but Art 361 will not heed to her Understanding of law and will keep averring “Nothing Doing”. Hence all dust needs to be cleared of and all dirt needs to be absolved before his much Awaited Walk. 
Following are some of the charges against him:

Navy War Room Leak 

Mr. Mukherjee is no relative of Wing Commander S L Surve nor is he the custodian of the 'Directorate of Naval Operation' but his interview to CNN-IBN’s Karan Thapar in 2006 dragged him into the controversy. Handing over the investigation to the CBI on Feb 18, 2006 did lessened public angst but didn’t immune the Defence Minister from further questions. 

·        Why no criminal investigation was carried out against Abhishek Verma, Ravi Shankaran and Kulbhushan Prashar?

·         Why the three commanders- Vijendra Rana, Vinod Kumar Jha and Captain Kashyap Kumar, who were sacked under the “Pleasure Doctrine”, were not Court Martialed?

·         The Outlook magazine pointed out that the delayed response by the Defence Ministry gave Shankaran enough time and opportunity to escape. Therefore question arises why Pranab wanted to shield those who collectively and individually compromised the security of the country by smuggling out “classified naval information”?

·        When CBI in its report to the court clearly states that the information was relating to “National Security” and includes ‘Standard Operating Procedure of PECHORA’ and ‘Highly Sensitive information as to Directorate of Naval Operation’, why Mr. Mukherjee didn’t want an investigation and avoided it saying they were of “commercial” nature? (See para 24 and 26 of the CBI Report).

Scorpene Deal

Don’t give a goggle-eyed expression now. Yes! It is Scorpene- One of India’s largest scandal. On October 2005, Mr. Mukherjee signed an arm purchase contract with Thales, a French company. The allegation is- 4% commission is received by a few middlemen on behalf of the decision makers. To make it easy, the kickbacks are over Rs 500 cr in INR. On Feb 22, 2006, Mr. Mukherjee told the Parliament that the deal had no middlemen. But the email exchanged between Abhishek Verma and Jean Paul Perrier on July 13, 2005 proves otherwise. Pranab defended saying it was 'forge', however, the telephonic conversation with Ravi Shankaran clearly corroborates the allegation.      

Rice Export Scam

Again a Rs. 2,500 cr scam! Compromising India’s food security, non basmati rice was exported to Ghana and other 20 countries at cheaper rate on the grounds of Humanity. But this gesture turned out to be a dubious one. The question here is: Why Amira Food (India) Ltd.? Why wasn’t it a government-to-government deal? Why didn’t govt use the Food Corporation of India (FCI) and Shipping Corporation of India (SCI)? Exporters were facilitated to bypass the ban and capitalize on the rising international market prices (i.e. $670/ton). Mr. John Evans Atta’s government launched an inquiry into this and wrote a ‘Letter of Request for Assistance’ in relation to a criminal investigation conducted by the Attorney-General Deptt, the Bureau of National Investigation (BNI) and the Criminal Investigations Deptt. (CID) of the Ghana Police Service. A seven page letter is received by India from the Attorney General’s Deptt (dated August 13, 2009), requesting under the ‘Harare Scheme’ to investigate into the role of then External Affairs Minister of India along with others.{See: Page 4 of the Letter. Reference No.-AGD/PD*2/5A/01/09 (the exact number becomes difficult to identify as they were hand written)}. But unfortunately no concrete step was taken and an eye wash was done in the form of an internal enquiry by the Commerce Ministry. India’s Commercial Humanity. Huh?

Apart from this, there are other allegations also. For instance, Pranab pressurized SEBI to go easy on Reliance, Sahara, Bank of Rajasthan and MCX-SX. The letter of Dr. K.M.Abraham, to the PMO narrates the instances of Calculated Assault on the regulatory framework. (See: para 7, 11, 14 and 15 of the letter dated June 1, 2011. Ref. No.-  SEBI/KMA/2011/17495) However, we will not discuss this here, as the SEBI Chairman Mr. U.K.Sinha has denied the allegations. But it needs to be investigated. Secondly, the former journalist Anuj Dhar claims that Mr. Mukherjee was behind the ‘cover up’ on Netaji’s air crash and goes to the extent of saying that he is “India’s foremost proponent of the Bose died in Taiwan” theory. Nonetheless, we will wait for his book- “India’s Biggest Cover-Up” to come up.

I have no objection when a tainted Man continues his law practice but certainly I don’t want a Man having colored past to be my President. Therefore we demand an independent investigation into all these allegations against Mr. Mukherjee, before he can claim his Presidential Immunity. Let’s not belittle our Highest Office! Let’s not allow a Man with tainted resume! Let’s ensure our Excellency is not excellent in Corruption!

Criminal Justice and PC Act

*The author is encouraged by Ms. Ishani Das to write on this topic.

If Humans were Gods and angels, no law would perhaps be necessary. But as sociologists like Prins and Durkhain put it “Criminality…is not transcendent but immanent”. Therefore to curtail, curb and control this inherent and inevitable criminality and to prevent devolution of society into a State of lawlessness, a system is placed in every States i.e. the Criminal Justice System to address the social evils. In India, the Indian Penal Code and Code of Criminal Procedure being cardinal to the justice administration provides for systematic arrangements and functioning of the police, the prosecution, the courts, the probation and other aspects.

Corruption is a pernicious plague, which undermines the rule of law and leads to human rights violations, distort markets, and erode living standards. Being a profound reason of economic underperformance, it injects inequality and injustice into the system and discourages foreign investments. At the international level, India is signatory to the UN Convention against Corruption. It has also signed the Extradition and Mutual Legal Assistance Treaties with a number of countries. At the domestic level, the IPC deals with the crime of bribery and corruption under chapter IX i.e. Offences by or relating to public servants.

A special law is enacted when a particular crime cannot be handled by a regular law and obviously, Corruption is crime serious enough to merit a special law. Hence, the Prevention of Corruption Act. The PC Act, 1947 is the first legislation to deal specifically with the problem of corruption in public life. Various amendments were made with the changing times and later on, all these laws were replaced by a more comprehensive legislation i.e. The PC Act, 1988. The Parliament deleted Section 161 to 165A from the IPC and incorporated those provisions under Section 7 to 16 of the PC Act.

In addition, the judiciary, through its judgments has substantiated and contributed to the Administrative Law jurisprudence in general and fortification of Criminal Justice System in particular, thus making Judge made law as one of the existing realities of Indian social life.

THE PREVENTION OF CORRUPTION ACT, 1988

The PC Act, 1988 was enacted to consolidate different anti-corruption legislations and to make them more effective. Apart from the offences punishable under the IPC, the PC Act has enumerated a number of offences, which can be broadly categorized as:

·         Bribery of Public Servants

·         Embezzlement and Misappropriation of Property by Public Servants

·         Abuse of Functions by Public Servants

·         Illicit Enrichment of Public Servants etc.

I will only raise some specific features of PC Act, which are pertinent to mention as they have a wide range of ramifications and which showcases the political commitment towards corruption free society.

Special Courts

Section 4(1) of the PC Act makes it mandatory that the offences will be tried by the Special Judges only. This helps in effective and efficient administration of justice. However, the Special Judge being a Court of Session (Section 5(3)), the two layer protection and right to appeal (i.e. in the lower courts) is denied to the accused. Similarly, Section 4(3) confers jurisdiction on the special judge to try offence, other than those specified in section 3 and triable by magistrate under the CrPC*.

Trial on day-to-day basis

Notwithstanding anything contained in the CrPC, as per Section 4(4) a special Judge shall, as far as practicable, hold the trial of an offence on day-to-day basis.

Freezing of Ill-gotten Properties during Trial

The Criminal Law (Amendment) Ordinance, 1944 deals with freezing, seizure and confiscation of properties, which are proceeds of crime. Section 5(6) empowers the Special Judge to exercise all the powers and functions under the said law during the trial.

Power of Pardon

Under Section 5(2), the special Judge may, with a view to obtaining the evidence of any person tender a pardon on condition of his making a full and true disclosure of the whole circumstances. Such pardon shall be deemed to have been tendered under section 307 of CrPC.

Other important features include the Prohibition of the grant of stay on trial, Denial of appeal in cases tried summarily (Section 6(2)), Enhancement of punishment etc. Despite this strong law, the Indian criminal justice system still faces many challenges. The problem of corruption in the private sector is increasing with the expansion of the private sector but there is no law to tackle those corruptions. Secondly, the condition of Previous Sanction results in delay. Notwithstanding anything provided under Section 197 of the CrPC, Section 19 of the PC Act requires prior permission of the authority before launching prosecution against him. This often delays the launching of prosecution. The sanctioning authority taking 16 months to grant sanction for Mr. A. Raja, is the glaring example of this. However, the extension of the Vineet Narain judgment beyond bureaucracy by the Hon’ble Supreme Court in its landmark Order on 31^st January 2012, once again endorsed that A Bad case makes a Good law. 

The positive development of the anti-graft laws and the enforcement of PC Act have warned the corrupt that betrayal of the public trust will no longer be tolerated, thus strengthening the Indian Criminal Justice System. Though a richer scholarship than mine is requisite to address the topic intricately, however, in my limited understanding -the trial of 2G, CWG and the recent arrest of Babu Singh Kushwaha is the manifestation of our own efficacious Criminal Justice System. Whilst this positive move is viewed by the critics as not so positive, yet we may try to see things as objectively as we please. At the end, as Benjamin Cardozo put it, we can never see things with any eyes except our own.

Thank you!

---

* For better understanding see: Essar Teleholdings Ltd. and Loop Telecom Ltd. v. The Registrar General, Delhi High Court & Ors. (Against the Administrative Order issued by the Delhi High Court on 15.03.2011 and the Notification dated 28.03.2011 issued by the Govt. of NCT of Delhi. Pending before the Hon’ble Supreme Court)

..the extent to which we went wrong

Egypt, Libya and other countries might have witnessed a mass agitation against an INDIVIDUAL. But the civil society movement, against an ISSUE, which India witnessed in the recent past or witnessing today, is unique and sui generis. Some equated it with Jai Prakash’s movement and a few emotionally called it as a ‘second freedom struggle’ for the nation. And there is nothing to dispute if anyone have seen the way the people of country behaved.

On hunger strike and talking to National mediasPhoto courtesy: Jitendra Choudhary

We have participated in the first phase of crusade and are watching, very neutrally, the second phase which Swami Ramdev is leading today. We are neither here to justify his cause nor are part of the smear campaign. When govt is overreacting on his fast and he is getting VVIP treatment; there is nothing to be amazed about. Yes! Govt learned the lesson from history or Anna’s movement in specific. But citizens of this country is definitely surprised when today morning Hazare came up and announced that he will join Baba Ramdev's protest fast in Delhi on June 5.

When the national media is running the show of Civil Society Leadership and division among them, Anna’s step is definitely welcoming. But the justification which he gave to the nation, appears to be absurd. He lashed out at the Centre saying that the government has tried to cheat civil society members on the Lokpal bill and tried to sabotage the Lokpal panel.  

Here, I don’t understand how govt cheated? We asked for notification, govt did; we wanted panel, govt oblidged; we wanted PM and CJI to include under Lokpal, govt discussing it. Kiran Bedi said yesterday that there is no problem govt taking time. After all democracy is a govt by debate and discussion. What’s wrong in it and where govt cheated us?

Yes! There was conflict and controversy over membership from civil society. The issue of father son duo arised… But who raised it? It is Baba Ramdev and the nation and there is nothing wrong. Everyone is entitled to his or her opinion may it be divergent. Secondly, the CD case... Is Anna trying to say that was govt sponsored? I don’t know it might be. But Truth should always see the light no matter when and where.

Am not in full agreement with Vinod Metha but the question remains, when civil society is working with the govt why this Ramdev fast then? Can the Blackmoney be brought with someone fasting? After all we have to give time to the govt. Agreed! they have not done what they should have done and Hon’ble Supreme Court is also annoyed but we have to be realistic. We should allow National debate and help in institution building.

The second most important is that of Lokpal issue. Our dead line was Aug 15, so why this step now? There are 28 more days to June 30^th. Don’t you think civil society doing something which they shouldn’t do now?

Let’s come to the issue of panel now. The objective behind the formation of panel was to debate and discuss on the matters of Lokpal mutually and prepare a draft. Objective was not to impose the society’s draft as the Panel’s draft. Both side have to compromise and ensure which suits the best. When civil society is taking the view of the citizens, govt is equally entitled to. Moreover govt has said that they will get back to them by June 6. Here Arvind Kejriwal threatening to leave the discussion is horrible and is not done. There might be differences of opinion on the so called “issue of divergence” but dialogue must continue. We understand the spirit of civil society (Now or Never) but we have to behave reasonably and not do something for which citizens have to burden their blogs writing all these...

dhadkan of millions..

A 72-year-old man is still in fast and am in deep sleep here! …it didn’t take me, ½ a minute to jump from my bed. ..From yesterday morning, Anna Hazare sat on fast-unto-death at Jantar Mantar and in the evening, I was trying to make my friends, in front of the boys’ hostel, appreciate the implications of Jan Lokpal Bill. I easily convinced people here but politicians were not convinced there (Delhi). 

Anna Hazare on fast-unto-death
Photo Courtesy: The Hindu

The chain hunger strike, of this Anti corruption crusade, will continue till April 11 and a 'Jail Bharo' agitation will be launched on April 12, whereby people and activists will court arrest. At this time, Congress leader Satyavrat Chaturvedi appears with an argument, which was like Malinga’s ball and not that easy to avoid. “You can’t dictate us,” was his argument. It made clear that Congress has not come out from and is still with Montesquieu’ s “Separation of Power.” Yes! There is nothing wrong in it. When Supreme Court made it Basic Structure, politicians should remember it. The underlying thing, which he is trying to put forward, is very  simple- Legislature is entrusted with the power to legislate. The Jan Lokpal bill, which Hazare is pressing for enactment to tackle corruption, is not the legislative creation. They fear the fate of the Act being challenged as Unconstitutional. Moreover the asli fear is the precedent that will be set up..

Completely agreed! When representatives are elected and are given power to legislate, what the construction should be, when citizen try to become part the Drafting Committee? Government can take the advice of people but when civil society is coming up with a bill, is government bound to respect that? I completely understand the compulsions of the government but look, things are different here. The demand is not to pass the Bill, which is prepared by the civil society, as it is. The demand is to form a joint committee, which will prepare a bill. In Parliament, legislature is free to discuss, debate and pass.. None is interested to perform legislatures' duty. And about the question of precedent, what precedent they are talking about? Are the Major Acts of Maharashtra, unconstitutional? Is this government going crazy? Come on! you have good lawyers.. Give some valid reasons for non acceptance or else call media and accept it!   

No constituency or a ward is coming together here on a political call... It is the Nations’ will that is involved and the entire Nation is coming together. No compulsion, no temptation, no lust but see and count the number (of people). Voluntary! Voluntary and Voluntary! A yagna is on and Idam Sareeram rastraya swah, idam na mama (this body is for this Nation and not for self!) is mantra today. It is no less than Gandhiji’s 'National Movement' and we are witness to Ajadi ki dusri ladhai. Mahatma of 50's fought for Self Governance and Modern day Mahatma is standing to fight for Good Governance. The Trust deficit or Mistrust among people is verbalism of this agitation and it will soon become a revolution if ignored. However, we the law students will not mind, if this India v. Corruption case bring to the fore a new proposition of law.

 Arnab Goswami rightly pointed out- “if there is a Will, there will be Bill”. My friends, we are not in a Democracy, which is just elective but India is a Participatory Democracy and I will not be condemnable if I say Legislature and Executive of this country are not above Public Will. Let the Public Will be respected and let my country go by the dhadkan of millions.. 

a Political boo-boo!!

 “Shut up! Go and Enjoy… Insaan toh ho nahi, Match kyun dekhoge?”                                                 Every sports blasé guy, making a call might have got a reply like this or, its synonyms!!  On 30.03., watching cricket was a have to, an alibi and the obsession. And Bunking class for that was No offence! Cri de Coeur for a projector but ah! Unsupportive Administration…                                                      

One TV and the Entire Hostel! When excitement is at acme with mounting tension and unusual blood pressure on every change of numerical (in the board), Camera staring at someone sexy with shades & her saheliyan, had little to appeal. However the most ho-hum episode was commentators and cameramen repeatedly registering courtesy to Political Gents. Fans and Followers, who failed to get a ticket, even in black, had nothing to do with Cricket diplomacy or Congressmen feel. But yes! It is a story, here, for coverage!

“Let the game be a game…” and am ready to buy this statement from Mrs. Swaraj, if not in totality. Well! When the Peace process between India and Pak appears to have restarted, am not against PMs and politicians taking my seat that day, but will definitely expect an answer as to how successful the statecraft was. What Assurance and Assistance was guaranteed?

Today, what India badly needs is Constructive and Continuous dialogues, off the cricket marquee! However was this Cric-Politics meant to change the public mood on WikiLeaks? Or was it a desiderata eyeing asli cricket in five states? Whatever it may be, Indian will not let off corrupts! Anna Hazare will not reschedule 5^th April fast! The Apex Court will not mind repeating “What the hell is going on...”! And ‘India Against Corruption’ will not stop getting thousands more Like in facebook. Mr. Prime Minister will be reminded of taking action on Shunglu and the CAG's report, in time. What we failed to understand is- THE NEED for this whole maneuver in the way, it was? …the design was just another miscalculation and a political boo-boo..! We here enjoying final but ..eh You! Don’t forget, we have an eye on those 8,000 pages also!!

let me tell u sth.

When I signed in to preview my email at swainsatyaranjan@yahoo.com, I found a mail from Mrs. Medha Patkar, an admired social activist, former Commissioner to the World Commission on Dams. The mail was titled as Three Day Bal Mela of Thousands of Children Culminates in the Narmada Valley. On Friday, 16 January, 2009, I had received an invitation mail from NBA to that Bal Mela. But unfortunately I could not able to go. By the way after getting this mail, I suddenly decided to write a few lines about my internship in “Narmada Bachao Andolon” (NBA).
I along with my six colleagues reached “Bhadwani” (MP), where the NBA office located on the dazzling morning of 17th May 2008 with a new vigor and energy for intern. I chose to do my intern with this because I am very much fascinated in movement or institution which concerns to the interest of the tribal and the poor at large. The main objective of my intern is to erect an understanding on people’s movement and develop my own understanding taking both the sides i.e. the people and the State, into consideration and to enlarge the horizon of knowledge from the simple approach to a more complex understanding of violent systems, the perpetuation of these systems by narrow political tactics.
The media bequeath the happenings outside the four walls of our house. But sometimes it conveys the news in such a way that people get the completely negative image unlike me about NBA. I learned from the society where I live in, that the activist and the supporters of the Andolon are anti nationalists and against the development of the country. But after going to NBA, I could able to know that nothing could be more devastating to the nation than permitting the narrow minded politicians to live and rule in this country and oppose NBA. The politicians want to defame and create a false depiction of the Andolon so that the barriers in the process of corruption will be out for the days to come. What not narrow politics do??? The soot in my mind has gone.
The main issue for which NBA stands before the govt. is the "Rehabilitation and Resettlement"- (R&R) of the displaced and affected people. According to the Narmada Water Dispute Tribunal (NWDT), every project-affected family (PAF) should be given land one year prior to the submergence of their land and be rehabilitated completely. But the govt. ignores it like anything.

A EVENING WITH TRIBALS..
In the evening we went to Pichodi, where we met Hari Bhai and others who enlighten us with their experience of many years. The statement of Hari Bhai is mentionable here. “The nature has given us everything. There is nothing to be done more. Govt. should sit ideally because nothing more is to be done but the govt. is destroying and devastating the grants what nature has given us and…”
For the next two days, we had gone to many villages like Baguda, Kundia, Pipri, Piplipat, Chota Borda, Burlai, Sagaon and other where we could able to know a lot of things about the submergence areas. There I have to admit that all this was partly the result of extraordinary crafty tactics on the part of the govt. on the one hand, and obvious official stupidity or naïvete on the other hand.

PRESS CONSULTANCY: A MEMORABLE EXPERIENCE
On 21st to 22nd May, we have attended a press consultancy of the media persons across the country. It was a two days consultancy held in Babangaja. It was in the memorial of the lt. Sanjay Sangbhai, who was not only a journalist but also a ground level activist, writer and litterateur. He was the most effective intervener and strategiser in the present world of corrupt politics, corporatisied economy and increasingly consumerist society and a man of vision, strategy for transformation, culture and ethics, whose commitment were not merely verbalized but practiced. Mr. Amit Prakash and Mr. Chinmaya Mishra were the main attraction of that consultancy. Mr. Kurian, Mr. Himansu, Mr. Robin, Mr. Santanu Mayur, Dr. Saheb, Mr. Shriprakash, Mr. Devesh, Ms. Chitrangada, Ms. Namita, Ms. Bhumika and others were also present in the consultancy. All the invited persons are welcomed by the villagers of Pipri. There held a detail discussion about the Development Paradigm, People’s Movement and the media. The inaugural session was with a struggle song by the people, which adds a great spirit within me. Mr. Chinmay Mishra gave the welcome address. Mr. Amit Prakashji and Ms. Medhaji gave a light about the theme of the development, media and movements. In the 2nd session of that very day, there was a brief discussion about development and displacement, land acquisition, rehabilitation and other laws related to the issue of displacement. On the 3rd session the major discussion was about the privatization of water, water management, Big Dams and other alternatives by the Manthon Team. In that discussion the Hon’ble speaker gave a glance over the privatization of water and the Water ATM or the Pre-paid water metre, which is now used in South Africa. The stage agreed in the same point that it is the most stupid idea of the age. The most important thing which Ms. Medhaji brought to the fore front is that Gujurat is using only 6.5% of the total generation of the water. She criticized the govt. plan of sending water to Rajastan in a strong voice. She compared it with the transferring of capital of Md. Toglak. As the people dies before reaching the capital, similarly the water will die up before reaching there and its not the joke but the reality. In the 4th session there was detail discussion about the Narmada Valley and the SSP project.
People’s movement and the role of media was the topic of discussion on the 6th session, which was held in the very next day i.e. in 22.05.08. In the 7th session the discussion was regarding the media in the present scenario. In the last but not the least there held a very important discussion what can media do? In the another session of the day Ms. Bhumika gave a glance of reality how the editors emphasize on TG (targeted group) and reject the news relating to the social issues. On that day we went to partee, where there was a great breach in medical service.

A DAY IN BHADAL
On the very next day we went to “Bhadal”, a village in the state of Maharastra, which is very far from peoples’ reach. It was a completely a different experience where we had to cross the river to reach over there. During our travelling Medhaji told many things related to dam. There the people and the little school children welcome us in a very fabulous manner. Today I could also recall their slogan “paper wala, kaida wala (they were calling us Kaida wala, as we are the student of law) kudin chha, media wala ….aamra chha and the song of indore wala jaldi aao…cycle chadhi..The environment was a heroic one with the slogan of aamu akha.. eka se by Medhaji. In that programme people shared their experience how the govt. officials drove them in the night, when the river was rising, like anything. The people over there didn’t get any land for their land which was submerged and been made victim for the next generation to come. From this it is very much clear that Victimization is not completely only a North American phenomenon but also in India where the constitution commands for, as Beacon said, Greatest happiness of greatest number. Ms. Medhaji is also running a primary school named Jivaansala, which is building the generation both by educating them and making them aware about their rights (“Jeevanshala Ki Kya Hai Baath…Ladai Padai Sath Sath” (The fact about Jeevanshala is that Struggle and Study goes together), and “Bacha Bacha
Seekhegaa – Andolan Chalayegaa” (Each child will learn and participate in
the Andolan).

A DAY OF LEARNING
On 24th May, I went to RTI office with Ashishji for inspection. There I could able to know a lot of things from Ashishji and others which might not be possible by going through the heavy text materials regarding RTI. After that I went to Mr. Goha, who is the Rehabilitation officer of Thikri Tehsil. I had a brief talk with him about different policies of rehabilitation and others. Some of my friends on that day went to “Piplud” with Medhaji.

A NIGHT IN SAGAON
In Sagaon, we stayed in Hukum Bhai’s house for two days and done the survey of the village. We have also done the survey of those people who are denied of rights of getting land for land and whose major sons are not given the land, showing “encroacher” as the reason. At night after our dinner, Hukum Bhai told a lot of things from both history and mythology about the Narmada River and the Narmada civilization. He told us about the “Sulpaneswar Shiva Temple”, where Markanda Rishi worshipped Lord and in that place Lord Himself had washed His Trident, bloodshed by killing one devil. This temple has already submerged by the dam water. He also told us that the skeleton of the man of primitive was found in the Narmada valley and the Narmada civilization is the 1st civilization. He further added that 1st agriculture was done in “Chikalda”, which is in the Narmada valley. Hukum Bhai is also a supporter of the Andolan.

A MEETING FOR THE REPLACEMENT OF THE TEMPLE
I with one of my friend had attended a meeting, held in Bodhwada, with Ashishji. The SDJM and the SDOP were the chief quest of that meeting. The meeting was to consult the villagers regarding the replacement of the “Budheswar Mahadev temple”, because we are in the so called State of DEMOCRACY, where public opinion is given prime importance. That was the temple of 12th century. It is also believed that this Lord is discovered from the land and there is a cave under that temple. The Lord is also called “Deaopat Ling” by the villagers. The meeting will be memorable one because I have never seen such type of govt. officials before. “…I am not bound to answer each and every question” said the esteemed officer. So, I directly told him that as a govt. official you are accountable and answerable. “….we can’t, you can go to the upper officials.” On the reply, I told him that if it is the system directly to go to the upper levels then why are you?? After the meeting I requested him to answer some question. But the SDOP, Mr. J. Darore, sharply denied, stating that it is his choice. Then I told him that from the date you sit in the public office, your life is no longer private.
This is democracy or demoncracy!

A PATHETIC EXPERIENCE IN MACHALIA
After Sagaon, on 28th May, we went to Machalia, which is in Nanpur. We and the students of Solapur, went there with Kamal Bhai. The Jobat planning is also called Sahid Chandrasekhar Azad Planning. Among one of the affected thirteen villages i.e. Umada, every facilities for rehabilitation has been made but they are not provided those facilities. One of the interesting as well as regretful incident I came across was that a cheque of a Project affected man was issued in another’s name. So, he is going to the bank each and every day from 10-5pm to deliver the cheque. It was told that 9000 hectar of land will be irrigated but it has not yet done even after the completion of the project. In this village we stayed for a day. But this was a pathetic experience. There were no facilities available. We slept outside like in Sagaon. But… a hot day with… (“…” not to remember bad experience. )

TWO DAYS IN A BEAUTIFUL VILLAGE
Bhawaria is a very beautiful village. That will submerge in 138m height of the dam. The survey is not conducted in that village. A large no. of people have received only 1st installment and could not able to purchase the land. So, they could not able to get the 2nd installment. There was the large nos. of case related to forgery registration and ex partee allotment.

A VISIT TO NISHARPUR
My self with one of my friend went to Nisharpur to do a survey regarding the Special Rehabilitation Package. There we stayed in one of the activists of NBA. The daughter in law of that activist uncle was very hospitable. For the first time in that long month, I got good food just like prepared by my mother. But the people in that village were very uncooperative. We could not able to complete the survey. One of them tried a lot to convenience the people. But all his labour was in vain. We have to return without completing the survey.

KEVADIYA: AN EXCELLENT EXPERIENCE
I and my friends with Wilson, a student of Tamil Nadu, went to Baroda, on 11th June from Barwani to attend the public meeting & press conference which was to be held in Kevadiya near to the dam site. Kevadiya is a village about 100 km. from Baroda and the Sardar Sarovar Dam is just 8km from the village. There the govt. has taken 1700 acres of lands of the villagers for construction of dam but 1400acres are not of any use. So, it is constructing its own buildings, quest houses, restaurants etc. But the people over there were in relay hunger strike for the last nine months in protest of it. The govt. is not listening anything. Medhaji joined with them and make the official to accept the grievance of the people and the official promised to return the land of the villagers within a month. The people went for a rally after that and I with some of my friends return to Baroda with Medhaji. The returning trip was the interesting one. The DSP with police came and stopped us to go to Baroda because the collector and the SP have told that there is danger to Medhaji’s life. After the long time the police allowed us to go further and accompanied us up to the station. They also came with us after leaving Medhaji in the station. They compel us to give all our details, took our photos and accompanied us to the border of Gujurat. This was our last visit to the villages, which will be memorable for the days to come…

ENDING UP WITH…
Nothing left to say more than saying that what is going on over there in the name of development is not right… if devastating the brilliantly settled village, snatching the smiles from those innocent faces, obliterating the natural world, spreading clamor amongst the people, sitting gently after pushing those lives into the whirlpool of water and violating the constitutional & fundamental rights is development. Then I will surely say NBA is against development. The soot which is in my mind about NBA disappears after coming here. May the people understand the movement in the right sense and give strength, support to lead the nation to the heights?

a world in itself..

(21ST TO 23RD DECEMBER 2007)

The most highlighting news regarding the dist. Kalahandi is the death of the villagers. When the opposition political party claims it as the starvation death the govt. strongly denies this and says it as the death due to eating mango kernel.

The objective of this survey is to know the ground reality, what causes death. For this we the four students viz. Nidhi, Bhavana, Bidisha and myself of KNLS under the guidance of Mr. yogesh Pratap Singh, Mr. Pinaki Nadan Pattanaik and Mr. Kaish Khan had gone to the villages of Kalahandi dist.

We have conducted our survey by preparing questionnaire. We have also asked the government officials and others in this regard.

On the 21^st, we went to the villages of Kalahandi viz. Pokri Ghat and Yamuna Sagar. We asked the people about some of the general information and took their views on the functioning of the village authority. The average member of each family is five. Generally they belong to two caste viz. kandha and harijan. The level of education is very low. Maximum no. of the people does not possess land. So, they have to work at others land. The major crops which they cultivate are rice and the main source of income is agriculture. The income is nearly Rs. 800/- of a family.

The opinion of the people though different but they agrees upon many things. As per the data both of the villages have the gram panchayat. But the functioning of the gram pradhan ie. the sarpanch is not satisfactory. The govt. is providing ration and old day’s pension also in Pokari Ghat. Some of the people have got labour card, in which they get job. But unfortunately they do not get daily work. The NGOs called World Vision is working there. Some other nongovernmental organization has also built the bathrooms for them. The Natural Resource Management Plantation is doing plantation work over there. All most all agreed on the point that the people have access to the forest land. In Pokari Ghat and Yamuna Sagar, there are government schools upto 5^th standard and the Anganwadi workers teach the kids. The villages of the two villages agreed that there is no primary health centre over there and they have to go to Bhabani Patna, which is far from those villages. People are not aware about the Right to Information Act 2005.