The Movement of India | Oct-Dec, 2015 by The Movement Of India

Table of Contents Editorial 1. Communalism and the “Cow”: Wrong Debate 2. The Real Agenda: “Don’t Slaughter Cows - Just Starve Them” Policy And Practices 3. India’s Environment Under Serious Threat! 4. The Growing Web of Industrial Corridors in India 5. The New India: Prafulla Samatara on “MODINOMICS”

Vimal Bhai Rishit Neogi

Amit Kumar, Rishit Neogi Rishit Neogi

Feature 6. Different Shades of Dissent: Movements Across India Movements and Alliances Narmada Bachao Andolan

7. The Sruggle for Justice Continues: 30 Years of Narmada Bachao Andolan 8. Jeevan Adhikar - Sangharsh Yatra Raises a Storm 9. Jan Adalat Attended by Thousands of SSP Oustees Ghar Bachao Ghar Banao Andolan

10. Mumbai’s Slum Dwellers’ Claim to the City: the Mandala Occupation Thermal Power Plants & Mines

11. Are Power Plants Inherently Violent? The Case of Karchana and Pench Madhuresh Kumar and Rishit Neogi 12. Odisha Government Subverting Democracy: Niyamgiri’s Struggle on Mining NAPM News and Updates 13. Bhoomi Adhikar Andolan to Intensify Opposition to Anti-People Land Policies 14. Uttarakhand: Tehri Dam Affected Village Gets its Revenue Status after Three Decades 15. Andhra Pradesh: At Whose and at What Cost Capital City in AP is Being Built? 16. Hame Paani De!! 17. Plight of Rehabilitated Oustees in Gujarat 18. Supreme Court Dismisses Govt. of MP’s Application Denying Right to Land to Thousands of Adult Sons of Sardar Sarovar Oustees 19. Maharasthra: The Irrigation Scam Continues 20. Students Revolt in the Capital to Keep Exclusionary Policies out of Education 21. An Ode to “Ramaswamy Iyer”- A Legend in the Hydrology- Ecology Sector 22. Upcoming Events 01

Editorial Notorious for its prejudiced and insensitive criticism from all quarters, the present government led by Bhartiya Janta Party has been alleged with altering the very fabric of the Indian Constitution. Its constituent elements, namely the “Hindutva outfits” have been openly attacking social institutions starting from places of worship and education to the daily lifestyle of people. These acts have received tacit support from the state, police and administration. The burning of churches, hate crimes targeted towards Dalits and Muslim communities over the sensationalized issue of beef consumption, rampant pro-Hindu replacement in the education, research and art institutions have further proved the ulterior motives of this government. These include turning India into a majoritarian, militant state that stifles the voices of marginalized communities. In this process, writers, poets, singers, historians and scientiststhe flag bearers of our rich and evolving culture are being threatened and humiliated by the very same elements whose only objective is to create a rift between communities and reap the benefits of a voter base divided on caste and religion. In view of this, “communalism” is only the tip of the iceberg and serves as a power tool for consolidation by fascist forces. In the same parallel through which the Nazi Germany fanned the “German-Jew” divide, the Fascists are turning into a greedy corporation’s best friend. These are the “authoritarian”, “anti-people political forces” that are nurtured by multi-billion corporations in almost all countries. The situation in India today seems no different. The present government won only after consolidating “majority community” votes and by spending millions of the corporate money on advertisement. Following this win, they are eager to please their funders and have thus forcibly amended the land, labour and environment laws to suit corporate interests. For instance, the “Single-Window-Clearance” has resulted in uprooting entire forests and selling these for corporate profits. Thus, there is no regard for constitutional processes and safeguards for the people. The question now turns to the will to challenge such audacities. As citizens of India, we must question if we are willing to tolerate such distortion of our constitutional values. India’s eminent cultural icons have set an example by returning their state sponsored icons. This incidence paves the way forward towards defending the Indian Constitution. This shows the importance of defending the “socialist” and “secular” principles of the Preamble and realizing the dream of a tolerant India by integrating the interests of the local masses. We bring to you the recent edition of “Movement of India” with some delay. The year 2015 marks for vigor and debate in regards to people’s struggles with social justice and human rights. Starting with the NDA government’s defeat in withdrawing land ordinance on the 30th of May, 2015, the Modi government faced mass opposition which was seen in its defeat in the Bihar elections of November 2015, even though they still hold political trajectory forces across the country. It is with a massive majority that the NDA government’s power was crushed in Bihar on the grounds that they cannot suppress the marginalized and oppressed classes for the sake of corporate profits. The Movement of India

The year 2015 also saw a number of resistance movements taking place across the country such as Gujarat’s peoples resistance against the construction of a 6000 MW Nuclear Plant in MithiVirdi-Jaspara in the Bhavngar district where they cried, “Not here, Not Anywhere; Not in Any Country in the World”. This in addition to the students struggle for justice in West Bengal and re-instating the Non-Net Fellowships of the UGC in Delhi. Both the Narmada Bachao Andolan and the incident of the Bhopal Gas Tradegy reached their 30 year mark and people still await their justice and compensation in these cases. People’s struggles and movements are now characterized by a new vigor and energy. The debate raised by the Hinduvta forces is one of intolerance and their rapid rise is now a thrust over the country, which both political and social sectors refuse to accept. Hence, this new edition brings to you contributions from our senior activists summarizing our actions, analyses and challenges we are up against and most significantly a glimpse of some alternatives. Editorial Team

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Communalism and the “Cow”: Wrong Debate - Vimal Bhai A large number of people in India have an emotional connection with the “cow” which is not only an animal but also an object of worship. On the other hand, a large number of people in India also use the “cow” and other animals in their diet. It is also true that every year lakhs of tonnes of cow meat is exported by people with a purely business minded approach in spite of belonging to the community of cow-worshippers. The latest figure for meat exportation in 2015 is 24 lakh tonnes. Buffaloes and bulls have been sacrificed in India since ancient times and are still practiced in many parts of the country up until till now.

India has been a primarily agricultural nation in which the cow-family has a special place. Even after being put to work in fields, cows have been taken care of till their last moment. But as farming depends on new technologies, which are expensive, farm animals are being perceived as a burden. The result is increased export of meat. Today India is the top meat exporter. “To eat or not to eat” is a debate of illusion which completely takes away the focus from the more important debate of economic utility of animals in agriculture. The place of cows has been defined by both traditions and economic utility. In many areas of Eastern Uttar Pradesh cow-meat is less expensive than buffalo meat. For centuries, dalit communities have been using cow meat in their diet.

Keeping this aside, to grab the land of small farmers, to complete the WTO’s unfinished agenda, to continue repression of adivasis in so-called “maoist” areas and to hide the deceit behind NDA government’s “Namami Ganga” – the right-wing Hindutva forces are being strengthened. By neglecting all crucial problems faced in India, the prime time discussion is whether or not to eat cow in India! This is indeed a very conspiratorial success of the Sangh family.

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By making agriculture unviable, cows are rendered useless for families who are forced to sell them. Where would slaughterhouses get the cows from? The “cow” turned into a communal issue even in 1921 and a century later, the debate continues…

The Real Agenda Don’t Slaughter Cows - Just Starve Them - Rishit Neogi While the passionate display of bovine love is taking centre stage in India’s secular political fabric, slowly and surreptitiously miles after miles of common grazing lands are being parceled away to the Adanis and the Ambanis. Village commons are the general lifeline of landless cattle rearers who use the grassy plains of patches of forest to graze their herds. These village commons are slowly being termed as “wastelands” or “government land” and quietly auctioned at the cheapest rates. Voices of dissent are rising. From the ethnic “Maldharis” in Gujarat to gypsy shepherds in Rajasthan are coming together against this loot of land. Joining hands with them are agriculturists who use these herds as a source of organic manure and who are themselves reeling under the massive acquisition of agricultural land.

of pastures. As per estimates, pastures have reduced from about 70 million hectares in 1947 to just about 38 million hectares in 1997. Pasture lands are not only a feeding ground for commercial livestock but also serve as sensitive eco-systems for a variety of endangered species like the “Great Indian Bustard”. The Shola grasslands of Nilgiris; Sewan grasslands of Bikaner, Jodhpur and Jaisalmer; semi-arid grasslands of Deccan; Rollapadu grasslands in the semi-arid tracts of Andhra Pradesh; Banni grasslands of Gujarat and Alpine grasslands of Sikkim and Western Himalaya are already facing ecological destruction.1 Since most pastures are not demarcated or defined, it’s impossible to measure the extent of such land available for grazing. 12.5 million hectares of the country is classified as permanent pastures / grazing lands.2 In the absence of proper land records and maps, non-designated grazing lands are gradually being put to other land uses, causing reduction in the extent of already fragmented grazing lands. A Supreme Court order states, “Pastoral land and other community resources belonging to a village shall not be given for industrial or commercial use and should strictly be used for communities.”

Millions of landless pastoralists and marginal farmers rely on livestock rearing for their food and cash necessities. Half of the fodder requirement for these herds comes from cultivated fodder and crop residues. The other half is met by open grazing in common property resources like forests, pastures and village commons. The landless of the country, who have been on the receiving end for very long are facing yet another critical challenge, i.e. fast depletion 1

Report of the Sub Group III on “Fodder and Pasture Management” constituted under the Working Group on Forestry and Sustainable Natural Resource Management, Planning Commission of India. Can be viewed at: http://planningcommission.gov.in/aboutus/committee/wrkgrp12/enf/wg_subfooder.pdf

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an order in favor of villagers and asked authorities to return their grazing land at the 7 earliest.

The Situation in Gujarat: Gujarat has a cattle population of about 2.5 crores. It would require approximately 40 lakh hectares of grazing land but has only 8.5 lakh hectares.3 A survey carried in 90 villages in three districts: Kutch, Patan and Surendranagar by the Maldhari Rural Action Group (MARAG) revealed that 65% of the common village land is encroached upon by 4 vested interests and corporates. Furthermore, Gujarat reported 10,814 complaints related to encroachment of pastoral land between 2010 and 2014.5

In 2013, residents of village Siracha filed a PIL against APSEZ for encroaching upon 40 acres of their pastoral land to build a “China Colony” to accommodate its employees.8 Instances of pastureland grab in Gujarat are numerous, but none is as critical as the case of Maldharis and no struggle for protecting pastures is as strong as theirs. The Maldharis of Hansalpur: Maldharis – are an ethnic community of cattle-rearers, who depend on community grazing land.The land in the village Hansalpur in Gujarat that has been given to Maruti Suzuki was originally allotted to the landless Maldharis, Dalits and the Thakores of the village by the government way back in 1954. (vide survey nos. 1/A/1 block no. 293 and measuring 83-78-20 hectares). The same was given for cultivation on a short-term lease.

Village Umeta in Anand District: 4000 villagers are fighting to regain control of their pastoral lands spread across an area of approximately 100 acres near Mahisagar River. It’s alleged that these lands were sold off to prominent personalities in Vadodara to build luxurious resorts and farmhouses.6 Mundra, Kutch: In a separate survey of Mundra taluka, where the Adanis have set up a modern port and a Special Economic Zone, it has been suggested that in as many as 11 villages all gauchar land has disappeared. Villagers of Navinlal, Luni and Goyarsama filed a PIL in 2011 stating that villages were left with limited gauchar land at their command after part of these plots were allotted by the government to the Adani Ports Special Economic Zone (APSEZ) in Mundra. Furthermore, the Gujarat high court passed

The government of Gujarat, on the pretext of giving it to GIDC, then directly sold this land to Maruti Co. Ltd. thus violating the rights of the cultivators/owners. Another 200 acres, near Vithalapur, 25 km from Hansalpur, was allotted to the company to house its employees. The company was to pay the amount in installments over 8 years. The recent giveaway to the corporation was done without taking the affected families into

Dave, Kapil. “Gujarat to relax pasture land rules”.DNA India. July 5, 2010. Can be viewed at” http://www.dnaindia.com/india/report-gujarat-to-relax-pasture-land-rules-1405505

By representative. “It's now official: Gujarat's 65% of the common village land encroached upon by vested interests, corporates”. Counterview. October 25, 2014

“Encroachment of pastoral land continues unabated”. Times of India. July 24, 2014. Can be viewed at: http://timesofindia.indiatimes.com/City/Ahmedabad/Encroachment-of-pastoral-land-continuesunabated/articleshow/38948340.cms

Raja, Aditi. “Probe ordered into Anand pastoral land-grabbing case”. Indian Express. December 24, 2013. Can be viewed at: http://www.indianexpress.com/news/probe-ordered-into-anand-pastoral-landgrabbingcase/1211109/1

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confidence or initiating any talks with them. Moreover the village wasteland had also been given away to Maruti Co. leaving very little grazing land for the Maldharis of the villages, raising a serious issue of their livelihood and sustenance. Cattle-rearing was rendered extremely difficult for them.

problem in sight and permission for voicing their protest not forthcoming, the Maldharis chalked out their own programme for a cattle march. The police simply refused to take the letter seeking permission for the cattle march. Since the early morning, heavy police deployment was seen on all approach roads to Hansalpur and in the village as well.

Hence, under the leadership of Jameen Adhikar Andolan Gujarat (JAAG) and Azad Vikas Sangathan; the Maldharis decided to undertake a cattle rally from the village Hansalpur to Gandhinagar in October, 2013 and planned to hand over their cattle to the government for their care. They were to start on the 23rd October, 2013 morning and reach Gandhinagar on 26th October, 2013 noon. The announcement of the rally stirred the administration and the Collector of the Ahmedabad district met the Maldharis of Hansalpur on October 22nd, 2013.

Around 10: 30 a.m., when the Maldharis were to begin their march with around 500 cows, the police resorted to unprovoked and sudden (without warning) lathi charge. The cows were unsettled with this sudden blow of lathis and they started running helter-skelter. Taking advantage of this, the police intensified the blows. The people were taken into custody and taken to the Viramgam police station. The Maldharis who were in custody and who had received lathi blows demanded medical check-ups but the police refused to allow even that, and resorted to even more efforts to suppress them.

The Maldharis demanded a transfer of titles of the land given to them in 1954. Critical for this cattle rearing community, it was demanded that the Gujarat state rule and norm be implemented for maintaining the ratio of grazing land to the cattle population of the village and allot adequate land for grazing. Since the land was given away to Maruti Suzuki Co. without due process, it was demanded that the transfer be processed under the new Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013. The Collector assured the villagers that he would represent their demands to the appropriate authority and also assured them of a positive outcome. After this meeting the Maldharis postponed their cattle rally.

62 persons were taken into custody and cases were registered under sections 143, 188, 289, 336 and more. The people of Hansalpur moved the Hon. High Court of Gujarat to order a stay on the ongoing construction on the land that was sold to Suzuki Co. Ltd. by Maruti India Ltd., a move which is clearly illegal and violatory of the clause under which the land was allotted to Maruti India Ltd. When Suzuki India Ltd. initiated constructing a boundary wall on this land, the people of Hansalpur decided to undertake a dharna and fast of 3 days in Ahmedabad. On March 10, 11 and 12, 2014 about 50 Maldharis, men and women, protested in front of the District Collector’s office in

On January 18, 2014 with no solution to their 7

Khan, Saeed. “Three villages to get grazing land back in APSEZ”. Times of India. October 4, 2014. Can be viewed at:http://timesofindia.indiatimes.com/india/Three-villages-to-get-grazing-land-back-in APSEZ/articleshow/44324473.cms

“PIL accuses Adani SEZ of land grab, HC issues notices”. Indian Express. June 21, 2013. http://www.indianexpress.com/news/pil-accuses-adani-sez-of-land-grab-hc-issues-notices/1131956/

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Ahmedabad demanding the return of their lands to them. They presented a memorandum to the Collector as well but the Collector was not present to receive it and it was received by the Deputy Collector.

the agitating Maldharis and extended support to their struggle. Many farmer leaders of Gujarat also visited them to offer solidarity. March 13, 2014 was the date of hearing. On March 13, the Hon. High Court issued a notice to the Government notifying it to remain present for the hearing, failing which an ex-parte order could be issued by the High Court.

Many prominent civil society leaders like (Late) ChunibhaiVaidya, Rajnibhai Dave, Gautam Thakar and Mahesh Pandya also met

The next date for hearing was scheduled on March 24, 2014 but it did not come up for hearing until the end. The next date was April 11, 2014. The government refused to stop the illegal construction started by the company. The farmers of Hansalpur, along with representatives of all agitating groups and movements, and civil society representatives, protested in front of the High Court in Ahmedabad, to demonstrate the insensitivity of the administration and the government on April 10, 2014. They threatened to go on a fast until death and to continue to highlight and draw the attention of Gujarat and the rest of India to the antifarm and anti-people policies of the Government of Gujarat. Photo : Ruchir Purohit

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Policy and Practices India’s Environment Under Serious Threat! - Amit Kumar & Rishit Neogi hard-earned laws enacted to protect the interests of communities living in India. First, a High Level Committee (HLC) was constituted to review India’s environmental laws. The report of this HLC was rejected by the Parliamentary Standing Committee (PLC). Ignoring the PLC’s recommendation, the MoEF& CC went ahead with the HLC report and are trying to table the controversial Environmental Laws (Amendment) Bill, 2015 during the winter session.

Environment Law (Amendment) Bill 2015 tries to dilute EPA 1986 and paralyzes NGT : Only after 23,000 urban civilians were put through a bitter poisoned death in 1984 in Bhopal did the Indian government and its people finally take cognizance of the seriousness of environmental safeguards and precautionary measures before giving clearances to industrial units. In just 20 years, the enormous death figures have been forgotten. Today, Environmental Safeguards are an impediment and a roadblock to our ambitious economic future.

High Level Committee (HLC) on Review of Environmental Laws: On 29th August, 2014 MoEF& CC constituted a High Level Committee (HLC) under the chairmanship of Shri TSR Subramanian, former Cabinet Secretary, to review six major Acts that protect the country’s environment and to suggest appropriate amendments to bring them in line with their objectives. The HLC was required to submit its report within two months, which later extended by one month. The recommendations of the Committee elicited widespread reaction and criticism on various issues and was also claimed to have been prepared hurriedly without comprehensive consultations with Experts/Institutions/NGOs etc.

The Environmental Protection Act of 1986 made just after 2 years of the heinous gas tragedy in Bhopal again stands scrutiny. This time, in front of biased political powers, a handful of the world’s richest corporations and consumer-citizens of a new-India who are eager to hasten their “upward mobility”. For those whom the environment has ceased to be of any real consequence, it exists only in #tags and international headlines. The purpose of environmental clearance process was simple and necessary – identify and evaluate the potential impacts (beneficial and adverse) – environmental, social, cultural and aesthetic – of developmental and industrial projects on the environment.1 The process begins with the preparation of a detailed Environmental Impact Assessment (EIA) report and entails a public hearing organized by the Pollution Control Authority of the region where the report is scrutinized, questioned and changes are demanded by the common public.

Wide objections were raised on various recommendations by the HLC and even the Committee’s constitution on the ground that none of the persons who were members of the Committee had any expertise in the field of environment and wildlife. Also an HLC can be constituted only by the Prime Minister and not by individual Ministries.

As expected, soon after coming to power, the NDA-government has viciously attacked 1

After that, the HLC did not hold enough and

Menon, Manju. Kohli, Kanchi. “Environmental Decision-Making: Whose Agenda?” Economic and Political Weekly, 30 June 2007.

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adequate public hearings to elicit public views. A wide spectrum of civil society representatives, environmentalist and other stakeholders were not given an opportunity to express their views. The limitations of 1000 characters were imposed for public comments, which reduced the scope for incorporation of comprehensive understanding or concerns. The HLC did not visit any villages and critically polluted areas.

the Parliament harshly criticized the HLC effort as possibly an illegal review of environmental laws and procedures, and found that it was prepared in a hurry, with weak or no public participation, and also that the HLC had over-reached its mandate in several aspects, particularly with regard to reviewing the National Green Tribunal (NGT) Act, 2010 and Forest Rights Act, 2006, which were not in accordance with the Committee’s ToR.

The HLC proposed a new law, the Environmental Laws Management Act (ELMA), which will focus on providing single window clearances to proposals for environmental clearance. But the report itself will not empower regulatory agencies to safeguard the environment. Instead, it will lead to multiplicity of institutions and authorities with little strength, power and capacity in the institutions such as the proposed National Environment Management Agency (NEMA) and State Environment Management Agency (SEMA). The HLC did not discuss many safeguard details but spent much time to discuss the organizational head of NEMA and SEMA. The report also did not go far enough to do what needs to be done to actually improve the system.2 Recommendation’s of Standing Committee:3

The Parliamentary committee recommended giving due consideration to the views/opinion and objections raised by stakeholders including environmental experts. The committee raised doubt on some of the essential recommendations of the HLC that would result in an unacceptable dilution of the existing legal and policy architecture established for the protection of our environment. The committee recommended the government, not to allow tinkering with the established law and policy by the HLC committee whose constitution and jurisdiction are itself in doubt. It suggested that the government, if they wish to consider specific areas of environmental policy afresh, appoint another committee by following established procedures and comprising of acclaimed experts in the field who should be given enough time to enter into comprehensive consultations with all stakeholders so that the recommendations are credit worthy and well considered which is not the case with the recommendations of High Level Committee.

Parlimentary

The Rajya Sabha’s Department Related Parliamentary Standing committee on Science and Technology and Environment and Forests reviewed the HLC report and advised the Ministry to comprehensively reject its recommendations. In this Review, the Standing Committee of 2

Comment/Criticism of the Draft Environmental Laws (Amendment) Bill, 2015, circulated by the Indian Environment Ministry on 7th October, 2015 for Public Comments. Submitted by Environmental Support Group to the Ministry of Environment, Forests and Climate Change, Press Release : Bangalore : 22 October 2015 View at: http://www.esgindia.org/campaigns/press/commentcriticism-draft-environmental-law.html

Department Related Parliamentary Standing Committee on Science & Technology, Environment and Forests. 263rd Report, on High Level Committee Report to Review Various Acts administered by Ministry of Environment, Forest & Climate Change (Presented to the Rajya Sabha on the 21st July, 2015 / Lok Sabha on the 22nd July, 2015) View Link: http://164.100.47.5/newcommittee/reports/EnglishCommittees/ Committee% 20on% 20S% 20and% 20T, %20Env.%20and%20Forests/263.pdf

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project proponent as true and valid.4

Objections Raised by Stakeholders Including Environmental Experts:

The HLC has recommended that only very dense forests (more than 70% canopy cover) be considered no-go zones. Forests with more than 70% canopy cover exist in very few areas and this clause excludes a major portion of forests from protection. It is important to note that the whole approach looks at the existing environmental laws and policies as a barrier or blockade to the economic growth of the country which is dangerous. The mere declassification of protected areas which collectively is only 4% of total geographical area of the country cannot serve the purpose and can cause irreparable ecological imbalances in large tracts of forest areas, natural forests, and areas of high endemism of genetic resources.

On the issue of Compensatory Afforestation, HLC overlooked the need to acknowledge the value of the land and ecological services of forests and continued with afforestation only. There is a need to clearly make the distinction between trees and forests as “tree lands” scattered cannot provide as much ecological service as a forest in one place. Even the composition of forests is much more important to secure the biodiversity and ecological services, which has not been discussed by HLC. Any attempt to compensatory afforestation should actually be ecological restoration rather than just customary afforestation. HLC has further recommended an appellate body to hear the appeal against the environmental clearance and the same have to be filed within 30 days. The appellate body recommended to be comprised of two serving secretaries to the Government and a retired High Court Judge. On this, HLC went beyond its terms of reference and given recommendations which are strictly in the domain of the Forests Rights Act, 2006 and the NGT Act.

Draft Environmental Laws (Amendment) Bill 2015 The Union Minister of State for Environment, Forests and Climate ChangeSri.Prakash Javedekar, has repeatedly stated that he would table the Environmental Laws (Amendment) Bill, 2015 during the Winter Session of the Parliament. The Bill which p r o p o s e s fu n d a m e n t a l c h a n g e s t o Environmental Governance in India is deeply disconcerting and disruptive of prevailing environmental jurisprudence.

Other than the above all, HLC has also invoked the principle “utmost good faith” in corporations/individuals but, at the same time, there seems to be a lack of faith in local communities because there is an attempt at diluting public consultations. The dispensing of Gram Sabha consent for linear projects (under special treatments, this includesroads, mining, power, strategic projects and projects of national importance etc.) was objected to by the experts. On the other hand, presumption of “good faith” in corporations means that the government will accept all statements, data, reports submitted by the 4

The Bill is being promoted with unprecedented hurry, by putting it out for public comment only online and in English for a meager two week period, and without in any manner consulting with State and Local governments, regional pollution control boards, people’s movements, networks, expert bodies, etc. The Bill promotes fundamental changes in the architecture of environmental governance in India and concentrates power in the hands of a

Iyer, R, Ramaswamy. "A hasty, half-baked report on environment".The Hindu. February 13, 2015. Viewed 20 Feb 2015. Can be viewed at: http://www.thehindu.com/opinion/op-ed/a-hasty-halfbaked-report-onenvironment/article6887747.ece

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few in Delhi. The Bill is promoted as a grandmother law to overarch and subsume time tested Environment Protection Act, 1986, Water and Air Pollution Control Acts, 1974 and 1981 and impinges on the Forest Rights Act, 2006 and promotes fundamental changes even in the recently enacted National Green Tribunal Act, 2010.

largest diversity of carnivorous mammals. Additionally, 25% of the world’s carnivores exist in India. So, this incredible diversity was created due to ecology and geology primarily, which needs to be conserved and exclude from the misunderstandings of the government which refers this 4% of land as a blockade to the economic and social growth of India where India is one of the fastest growing economies in the world and the tenth largest economy in the world which is linked in global economic cycle with a trillion dollar economy

Many of the critical and powerful provisions of this Bill have not been explicated and are left to the ministry to evolve later by employing subordinate legislations with little or nil Parliamentary and public oversight.

Inherent Problems with ELAB 2015 –

The Ministry hired various consultancy firms as technical consultants to implement the HLC recommendations. It is also revealed that these consultants have been paid Rs.1.33 crores to “assist in finalization of Environment and related Laws”. The consultants reportedly are Ernst & Young, Amarchand and Mangaldas & Suresh A. Shroff & Co.

1. Creation of “Adjudicating Authority”, an additional authority: There is already a dearth of resources and willingness to set up various authorities under various environmental acts. Like The provisions of Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 provides for the setting up of Appellate Authority. The fact is that such Appellate Authorities have either not constituted or continues to function in an ad-hoc manner without the required Judicial and Technical members. Various Authorities set up under various environmental statutes continues to be largely non functional.

Permitting private multi-national corporations to tinker with sensitive issues like the environment is unacceptable and it demonstrates a dangerous assault on the sovereignty of our country facilitated by the Union government. Some of the names like Ernst and Young are facing serious charges of corruption while preparing Environmental Impact Assessments for a dam proposed across Kali River in Dandeli, Karnataka in 2000. 5

2. Arbitrary Categorization of Violations and Excessive Delegation: The Draft Bill introduced categories of violations:

The country occupies a unique position on the earth not because of anything that we did but because of millions of years of evolution we are strategically placed on globe. Because of that, although India occupies 2% of the surface, we have 15% of the world’s birds, 7% of world’s mammals and one of the 5

Substantial; Violations

three

Non–Substantial;

new

Minor

The categorizations are completely losing any scientific base. The point of excessive

Comment/Criticism of the Draft Environmental Laws (Amendment) Bill, 2015, circulated by the Indian Environment Ministry on 7th October, 2015 for Public Comments. Submitted by ESG to the Ministry of Environment, Forests and Climate Change Press Release : Bangalore : 22 October 2015 . View at http: //www.esgindia.org/campaigns/press/ commentcriticism - draft-environmental-law.html

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delegation means the powers that can have discretionary in nature has been given to the executive to ‘prescribe’ as to what constitutes the various types of violations. This is bound to lead arbitrariness, misuse, as well as absolute discretion.

E.g. The Bhopal Gas Tragedy – The excessive delegation had only provided the route for escape to the accused of the tragedies and the victims are still facing the consequences and injustice. No Scientific Basis for the Categorization:

Nature of Offence

Definition

Penalty Proposed

Substantial Damage

Within 5 Kms of the Outer Boundary of the Project

Minimum Rs 5 Crores and Maximum Rs 10 Crores

Beyond 5 Kms of the Outer Boundary of the Project within 10 Kms

Minimum Rs 10 Crores and Maximum Rs 15 Crores

Beyond 10 Km

Minimum Rs15 Crores and maximum of Rs 20 Crores

Non Substantial Damage

Maximum Rs 1 Lakh and Maximum Rs 5 Crores

Minor Violation

Minimum Rs 1000 and maximum Rs 10,000

The more serious and objectionable fact is that there is no scientific basis as to why the damage within 05 Kms of the project boundary will require less financial resources for clean up as compared to those located beyond 05 Kms or 10 Kms. Environmental damages can be severe in areas in the immediate vicinity of the project especially when one is dealing with hazardous materials. Emissions of toxic fumes, discharge of effluents can be devastating for the nearby ecology. The zone of impact is also dependent on a number of factors: direction of wind, water flow, hydrology, population density etc. Thus a mechanical formula of taking distance into account is not at all acceptable for considering the impact of ecological damage.

calculate the risk if one violates the law: We are witnessing the record penalties to various industrial giants worldwide; the mere limiting the scope of penalties through ELAB, 2015 will bring calculated risk considering their profits and balances. Now, with growing economy and devaluation of currency, it will hardly matter to the corporate to pay for the cleanup and again continue on the same ground. There need to do the amendments looking at the present realities where corporate reap benefits in absence of stringent laws and regulations. 3. A planned escape for Violators with Amendment to NGT Act, 2010: The existing section 15 of The Environment (Protection) Act, 1986 makes no distinction between ‘minor’, ‘non-substantial’ and

Categorizations will bring more scope to

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‘substantial’. It considers all violations of the Act, Rules or Directions as the same entitling the Magistrate to impose appropriate penalty. The Amendment Bill however, does not consider ‘non substantial’ and ‘minor’ as violations of the law at all. Thus, the Bill provides a window for a range of violators to escape criminal action under Section 15 of the Environment (Protection) Act, 1986.

while the one before the NGT will be simple since the NGT is not bound by even the procedure of the Code of Civil Procedure. References:

Further, with the amendments to section 16 of the NGT Act, 2010, the NGT will become accessible for the polluting unit aggrieved by the order of the adjudicating authority, while affected communities will have to approach the concerned District Court and the subsequent hierarchy of Courts in order to enforce the order of the adjudicating authority.

Dutta, Ritwick. 2015. “Comments on the Draft Environment Laws (Amendment) Bill, 2015”. Lawyers Initiative for Forest and Environment, New Delhi.

MoEF&CC. “Draft Environment Laws (Amendment) Bill, 2015”.

Stop the MoEF from allowing corporate plunder of our nature. Send your reservations about the bill to, The Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jor Bagh Road, Aliganj, New Delhi – 110003

This will give rise to the inequality in giving access to judicial system and process to fight against the violations. Further, the proceedings before the Magistrate will have to follow the complicated and legalistic procedure of the Criminal Procedure Code

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Or to email address: mk.singh65@ias.nic.in and satish.garkoti@nic.in

The Growing Web of Industrial Corridors in India - NAPM Out of 1.237 billion Indians, 650 million live in poverty. 340 million of them live in abject poverty. 82.7% of world's GDP is with 20% of the world's richest population. While, 60% of the world's poor live on 5.6% of GDP. And this is just economy. Severe inequality exists in land ownership, water usage, power supply and democratic representation.

freight corridor which will connect two big cities like Delhi and Mumbai, Amritsar and Kolkata, or Chennai and Vishakhapatnam. The industrial corridors will be built up to 150 kilometers on either side of this railway line.

In India, since independence, almost every government has blindly followed the megaindustrialization paradigm in the name of poverty alleviation, employment generation and social equality.

Dedicated Freight Corridors: The Dedicated Freight Corridor Corporation of India (DFCCIL) is a special purpose vehicle (SPV) of the Indian Railways mandated to build dedicated freight corridors and was proposed under the 11th Five Year Plan (2007-2012) by the Ministry of Railways. The entire 3300 km. dedicated rail corridor is divided into two parts: western and eastern. The land for the DFC projects is being acquired under the Railway Amendment Act (RAA), 2008. The investments needed for the dedicated freight corridor has nearly tripled from its initial estimate of Rs. 27,000 crores to Rs. 80,000 crores.

Today, 47 million young Indians under the age of 24 are jobless & looking for work. After the grand failure of Special Economic Zones and CAG labelling them as land laundering projects, the government is at it again. This time the re-packaged strategy for economic exploitation is called the â&#x20AC;&#x2DC;corridorsâ&#x20AC;&#x2122;. In India, the model is designed as a huge strip of land connecting two big cities and designated as an industrial corridor with manufacturing clusters, ports, airports and cities developed within the same. The model of corridors hinges on the creation of a railway network called the dedicated

The Western Dedicated Freight Corridor (WDFC) and the Delhi Mumbai Industrial Corridor (DMIC) 15

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WDFC itself is expected to cost around Rs. 46,000 crores with the estimated cost of land at Rs. 4383 crore.

The government of India owns a 49% stake in the DMICDC. The remaining stakeholders are the Japan Bank for International Co-operation (26%) and other government owned financial institutions (25%). The Housing and Urban Development Corporation Ltd. (HUDCO) owns 19.9%, the India Infrastructure Finance Co. Ltd. own 4.1% and the Life Insurance Corporation of India (LIC) owns 1%. Thus, the DMICDC is deemed to be a private company though the government owns maximum stakes in it. Hence, it has the power of the state and the profits of a private player.

The WFDC is being funded through loans from the Japan International Cooperation Agency (JICA) to the tune of Rs. 38, 772 crore, which is 77% of the total project cost. Special Terms for Economic Partnership (STEP) loan clause that 30% of the goods and services for projects should be from Japanese companies. Additionally, as part of the JICA conditions, Indian companies who bid for contracts must have a Japanese partner. As a result, Larsen & Toubro Ltd. in India partnered with Sojitz Corporation to conduct electrification work for the stretch of 915 km of the WFDC between Rewari, Haryana, Vadodara and Gujarat.

The DMIC is conceptualized as “Investment Regions” (IR) and Industrial Areas (IA). In each of the 6 states, certain areas have been zeroed in for this purpose. The minimum size of an IR would be 200 sq. km and that of the IA would be 150 sq.km. There are 11 IRs and 12 IAs planned, which cover 4000 sq. km of land. Almost half of this land is fertile and agricultural.

The total value of the contract is 50 billion yen. Once again, under the STEP conditionstransformers, substations, catenaries etc will be imported from Japan. A sum of Rs. 45,000 crore is expected to be the total value of the contract which is to be awarded during 2015-16. The next bidding is to begin between Palanpur to Vadodara and Vadodara to JNPT. By loan conditions, almost 22,500 crores will go to Japanese companies.

Eastern Dedicated Freight Corridor and the Amritsar Kolkata Industrial Development Corridor (AKDIC)) The Eastern Dedicated Freight Corridor (EDFC) (backbone of the Amritsar Kolkata Industrial Development Corridor (AKDIC)) extends from Ludhiana in Punjab to Dankuri near Kolkata. The AKDIC will spread across 20 cities which will include the Indian States of Punjab, Haryana, Uttar Pradesh, Uttarakhand, Bihar, Jharkhand and West Bengal. The cities to be covered are Amritsar, Jalandhar, Ludhiana, Ambala, Saharanpur, Delhi, Roorkee, Moradabad, Bareilly, Aligarh, Kanpur, Lucknow, Allahbad, Varanasi, Patna, Hazaribagh, Dhanbad, Asansol, Durgapur and Kolkata.

Delhi Mumbai Industrial Corridor: Delhi and Mumbai- two of India’s biggest cities are being separated by a distance of 1500 kilometers. The Dedicated Freight Corridor (WDFC) is a railway track originating from Dadri Dry Port (near Delhi) and terminating at the Jawaharlal Nehru Sea Port (near Mumbai). This railway track is now under construction and is meant to exclusively carry raw and manufactured good, to and fro, across 7 states. Around 23 areas have been identified to serve as “manufacturing hubs” that would use the services of this brand new railway system, thus framed as the “Delhi Mumbai Industrial Corridor” (DMIC). The Movement of India

The corridor will be built along the 1839 km long EDFC between Khurha and Mugalsarai. It will also leverage the Inland Waterway System being developed along the 16

National Waterway 1 which extends from Allahabad to Haldia. The AKDIC would be implemented in a phased manner and would comprise a belt of at least 550,000 sq. km. Uttar-Pradesh is said to be the biggest beneficiary of the EDFC project with the share of nearly 57% measuring 1049 km that dissects the state through.

Investment (UKIT) is the nodal agency on the UK side of the project. The nodal officer on the Indian side is Mr. Tallen Kumar- Joint Secretary of DIPP and the nodal officer on the UK side is Mr. Barry Lowen- Director, UKIT. A RFQ-cum-RFP for the selection of a consultant for conducting the study was floated by the DMICDC in November, 2013 and a letter of award has been issued to M/s Egis India Consulting Engineers Pvt. Ltd in JV with IAU Ile-de-France & CRISIL Risk & Infrastructure Solutions Ltd. on 14th February, 2014.

The first phase of the project is to be a pilot project, during which at least one integrated manufacturing cluster of 10 sq. km in each of the seven states will be set up. For this phase, a financial commitment of about Rs. 5600 crore will be provided by the Centre, through budgetary support spread through 15 years. The Centre will provide interest subsidy to states for land acquisition, grantin-aid for project development, master planning of the manufacturing clusters etc.

Chennai-Bengaluru Industrial Corridor: The corridor between Chennai-BengaluruChitradurga (around 560 km) would have an area influence that spreads across the states of Karnataka, Andhra Pradesh and Tamil Nadu. The creation of 2 major backbone infrastructure projects is stipulated for the corridor. Additionally, both the road and rail connectivity for freight movements will be upgraded in this corridor. Furthermore, the corridor development will involve improvements of three national highwaysNH 4, NH 7 and NH 46 with the construction of roads to connect industrial hubs. The proposed Chennai Peripheral Ring Road- a 136 km road linking Mahabalipuram, about 50 km south of Chennai, to Ennore Port, about 25 km to the north of the city, has been identified as a key project under the development.

According to the Cabinet decision, an AKDIC development corporation will be set up immediately with an equity base of Rs. 100 crore. While the Centre will hold 49% stake in the equity, the rest will be owned by the state governments concerned and the Housing and Urban Development Corporation. The Centre is also expected to provide a project development fund of Rs. 100 crore to the corporation. Bengaluru-Mumbai Economic Corridor: The United Kingdom (UK) has expressed interest and the industrialist family of the Hindujas has shown a special interest in negotiating a deal between India and the UK. The Mumbai-Bangalore corridor is expected to pass through the cities of Pune, Satara, Kolhapur, Belgaum, Dharwad, Davangere, Haveri, Chitradurga and Tumkur.

The state government has sanctioned Rs. 10 crore for the project that involves the creation of over 60 km of new road. This ring road will link important industrial hubs such as SingaperumalKoil, Sriperumbudur, Thiruvallur, Thamaraipakkam, Periyapalayam and Kattupalli. Around 645 million liters of water will be required for industries to be sourced for Gowvarapalli Dam.

The Terms of Reference for the feasibility study were finalized in consultation with the Department of Economic Affairs, the UK side and the DMICDC which has been appointed as the nodal agency on the Indian side for the project. The UK Trade and 17

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The JICA is looking to develop around 300 hectares in the area and this master plan is to include industrial parks and residential areas besides commercial space. The role of the Ennore Port would be considered while looking at the imports and exports from the industries which would be housed in the smart city. The plan of the JICA is to also develop “Ponneri” as one of the industrial hubs for Japanese companies. The other two nodes are planned at VasantNarasapur at Tumkur in Karnataka and Krishnapatnam near Nellore in Andhra Pradesh. M/s Pricewaterhouse Coopers (PWC), Japan and M/s Nippon Koei Co. Ltd., Japan are the consultants for the master plan.

The Vanpic deal was signed between the state, Ras Al Khaimah Investment Authority and Matrix Enport Holdings Pvt. Ltd, headed by Nimmagadda Prasad in 2008. The project targets the Guntur and Prakasam districts. A port and industrial corridor with an investment of over Rs. 16,000 crore cover 25,000 acres have been planned. The corridor envisaged an energy park, agro and marine park, pharama and textile park, automobile park and port based free trade zones. For this 18,00 acres of land was acquired. Negotiations with land owners were carried out by the Vanpic promoters and the case is being investigated by the Central Bureau of Investigation (CBI). The Kiran Kumar Reddy governments have cancelled the deal thus signed with Vanpic.

Other Industrial Corridor Plans: East Coast Economic Corridor

Krishna-West Godavari-Prakasam Guntur (KGPG) Corridor:

This project is said to link Kolkata-ChennaiTiticorin with investment of Rs. 1 lakh crore projected. The Asian Development Board has started feasibility studies for the project.

The Confederation of Indian Industry (CII) is still working on the strategic blueprint. Hyderabad-Nagpur Industrial Corridor:

Vishakapatnam-Chennai Section of the EEC:

A stretch of 585 across Hyderabad, Ranga Reddy, Medak, Nizamabad, Nalgonda, Warangal, Karimnagar and Adilabad in Telangana is projected for this corridor.

This project is expected to cost approximately Rs. 20,000 crore for the infrastructure alone. The Asian Development Bank (ADB) is backing the Vizag-Chennai corridor. The project funding initially proposed was $ 400 million, which was later scaled to $ 1 billion. The Andhra-Pradesh government approved the loan of $ 1 billion from the ADB. The Andhra-Pradesh government will further contribute $ 100 million.

The Destructive Future of Industrial Corridor Developments Communities in India are not unaware of this kind of aggressive infringement on their land and have fought back the corridor model with much vigour. But the implications of the corridor model are both direct and indirect. Apart from directly displacing agricultural communities, it will also create massive environmental pollution. It will heavily use our water resources and leave nothing for communities. The model of finance that it uses is dangerously hinged on international loans and speculative investment that can cause widespread economic downturns and loss of India’s

The project is expected to modernize ports, airports, roads and the rail network along the 800 lm coastline of Andhra Pradesh and nearly 12,500 acres of land near Valivetivaripalem have been acquired. Vanpic (Vadarevu and Nizampatnam Port & Industrial Corridor):

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sovereignity on internal matters. It also threatens to change the ownership pattern of large projects from public to private as witnessed in the Public-Private-Partnership model of Dedicated Freight Corridor.

will spell doom for future generations of this area. Node-20 of DMIC: Industrial Area at Dighi Port (Raigarh dist) Total Area – Originally 27000 hectares now reduced to 3500 hectares due to stiff opposition from farmers. Out of 78 villages that were to be acquired; only 16 villages still face the threat of acquisition

Dholera, Gujarat Total Land Notified in 22 villages - 920 sq kms (92,000 ha) (2,27,336 acres) Agricultural Land is 47.46% of total land – 436.63 sq. km. (43,663 ha) (1,07,893 acres)

Population figures: Raigad – 26,35,393 (76% rural)

62% of the population is employed in agriculture.

Due to consistent opposition from farmer’s Dighi Port Region has been reduced to 3500 hectares, which was originally 27000 hectares. Out of 78 villages that were to be acquired; only 16 villages compensation, Rs. 13 lakh per acre + 15% developed plot. Those who don’t want the developed still face the threat of acquisition. The state govt. has now announced a new package of plot would get Rs. 18 lakh 40 thousand per acre. According to the government circular, henceforth there will not be any force or compulsion on farmers and acquisition would happen through open negotiations. Those who are willing to give their land may do so by giving it in writing on a bond paper. Corridor Virodhi Sangharsh Samiti has called this entire process illegal as no due process of law is being followed. Farmers are consistent with their stand that they do not want to part with their land. Struggle continues.

Population - 45,000 (Census 2011) Touted as PM Modi’s pet project, it is claimed that Dholera will be Gujarat’s Shanghai. Farmers of Dholera have challenged the Special Investment Region Act 2009 through which land was to be acquired here in a petition to the High Court. Their resilience has stalled the project until now. Dahej PCPIR (Petrol, Chemicals and PetroChemicals Investment Region) Total Area in 44 villages - 453 sq. kms. (45,300 ha.) More than 60% of land is brought under cultivation with crops like millet, wheat, jowar, bajra and paddy etc. As per 2001 census, total population of the region is 1,19,521.

Apart from these case studies from DMIC, communities across India are organising themselves against various corridors that are putting their lives and livelihood in jeopardy. As early as 2013, the process of organising is continuing.

Farmers made a massive representation at the Environmental Public Hearing on 30th July 2014 and challnged the EIA that was submitted by an independent research agency, National Environmental Engineering Research Institute (NEERI). Dahej is already massively industrialized and faces huge amounts of pollution by the toxic chemical factories that are operating there. The plan for Dahej II exposes the mad megalomania of Gujarats policy makers and

The Mumbai – Delhi DMIC Virodhi Sangharsh Yatra organised by NAPM took off from Mumbai in March 2013 and visited most project areas across 5 states – 19

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Maharashtra, Gujarat, Rajasthan, Madhya Pradesh and Delhi. At each stop Yatris met people, associations, movements, all fighting for their lands and forests, for rivers, for livelihoods, for rights and for each other. They discovered the truth behind cleverly crafted myths of development and unearthed instances of illegal acquisitions. Yatris came face to face with worries of an ongoing drought that will only get worse in the months to come. All the while the

question kept looming - what price will the DMIC extort from us? Recently, in August 2015, a meeting was held in Gaya, Bihar where 40 representatives of people discussed the implications and strategy to fight the ADKIC. More initiatives are underway. Contact napmindia@gmail.com or 95609 86354 for more details.

The New India: Prafulla Samatara on “MODINOMICS” - Interview by Rishit Neogi decorative. Since the policy is “antipeople”, this is another cover to hide the evil reality inside. Taking the name of “Gandhi”, the real meaning should be the sanitation of villages- the root should be clean water, clean river, clean air, clean soil, and for this the government has to change its economic policy and development policy. But since the beginning of this government, one side has declared “swach” and on the other side and they have started degrading environmental laws. In the 2015-16 budget, HLC was formed while reducing the budgets in the social sector- health, sanitation, and drinking water. They have used the images of Gandhi in advertising speech, but they are killing every day the philosophies and thinking of Gandhi with village economy or social and environment justice- so why Gandhi?

On Make in India: The Modi government has done nothing new for the people of India in the matter of economic and social justice. Rather, this government has been continuing the policy implementation of the previous government to fulfill the aspiration of corporate world. As follow up action of this commitment, “Make in India” is an example. Make in India is nothing but a cover story of how multinational companies abroad can be housed in India with a red carpet. This is a very dangerous milestone to destroy our natural resources along with providing cheap labour for the maximum profit of corporate with full fledged security by the government.

On Digital India: Where in India, more than 60% of the villages in rural areas have no classrooms, teachers, infrastructure and stability to ensure the right to education- the Prime Minister’s “digital India” is a mockery. In the silicon valley when he speaks of our youth is a more enthusiastic vision of the iPhone- which is true for 20% of richer classes in India who have the access to capital, technology and a sophisticated and

On Swachha Bharat: Similarily, Swachha Bharat is nothing but the previous government’s Nirmal Bharat. The arrangement of words is new but only The Movement of India

commercial education. However, 70% of the youth still need the guarantee of livelihood i.e jobs as well as the employment with dignity.

to neglect and the state is responsible for creating disparity from childhood. Thus, to revitalize education, â&#x20AC;&#x153;equal education for allâ&#x20AC;? is the economic justice. The distribution of wealth should be determined by the production forcesagriculture, land labourers producing natural resource development- should be given the same level of importance as capital and human resources. The savings in our bank accounts are sufficient and we need not depend on global capital forces to dictate our economy colonized. Then we can change economic justice with equal opportunity.

The vision for richer classes- based on development, has no link to the majority of the youth and their justice that is plagued by discrimination in education beginning from school. Having a one and same school system until high school for all is a priority. Even in the capitalist countries- education is state-funded and non-discriminatory but after globalization, the education and health sectors are being privatized without any gear or brakes. State systems are paralyzed due

Prafulla Samantara is a noted environmentalist and the President of Lok Shakti Abhiyan's Odisha Chapter and National Convener of NAPM. His vision for his work is to replace the present economic model of gross consumerism and greed with an alternative, sustainable development model. Prafulla, with various other democratic peoples' movements, has been battling to protect the natural environment, the right to life, and human rights for the people of Odisha and of India as a whole.

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Special Feature Different Shades of Dissent Movements across India (2014-15)

On 6 October 2014, 12 oustees of Sardar Sarovar Dam from Gadher village in Narmada district of Gujarat, jumped into Narmada canal to awaken the administration to their plight of 22 years. The official claim is that they were ‘rehabilitated’in 1992, however in reality, they still have not been given alternate land and government job to one family member at the time of acquiring their land, which is clear and outright noncompliance of Narmada Water Dispute Tribunal Award 1979, Rehabilitation policy of Government of Gujarat and orders Hon’ble Supreme Court. After 22 long years, they still await justice.

01 Modi’s First Assault – Narmada Valley Just weeks after the swearing in, controversial Sardar Sarovar Dam was given a clearance through the Narmada Control Authority to increase the present height of 121.92 mts. to the final height of 138.68 mts and install radial gates. This would cause additional submergence in the valley and directly displace over 2.5 lakh people. Thousands of hectares of fertile land will drown, endangering food security of the area. And this would happen while thousands of families yet await compensation of land for land; while the Jha Commission is still probing corruption of over 1000 crores in Resettlement and Rehabilitation. On 12 June Gujarat CM Anandiben Patel dramatically attended a Bhumi Poojan in Kevadiya (site of Sardar Sarovar) without any formal intimation to the people. Even theWater Resource ministry was not consulted. Protests followed. At least 3 dharnas were organised in Delhi alone and numerous others in the valley. The December protest in Delhi saw the arrest and detention of prominent NBA leaders.

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02 Statue of Ego / Gujarat The 182-metre-tall Sardar Vallabhbhai Patel's "Statue of Unity" project to be erected on Sadhu Tekri, a small hillock in River Narmada just downstream of Sardar Sarovar Dam in Kevadiya is not only full of hype but also repression. Around 70 people from 6 tribal families have been living here since generations. Their land was acquired in 1963 for a canal project which wasn't constructed. The families were paid no compensation back then and continued to 22

live in their original land until now when the Government of Gujarat wants to use their land for a 3-star hotel known as Shreshtha Bharat Bhavan, part of the Statue of Unity tourism project. To claim this land, private contractors in connivance with the government have erected a fence around these homes. A 24 hour police force guards this place and routinely harasses villagers from operating their small shops. On 28 March 2015 they were protesting this illegal ‘Open Air Prison’when police officers who came from Tilakavada, Kevadia and Rajpipla colluded with the private contractors to intimidate and attempt to illegally evict the people from their ancestral land. Five women, one man and three minors were illegally arrested by the police. The police thereafter forcibly entered into the farm land of the villagers with a JCB Machine, damaging a pipeline used by villagers for irrigation.

(AP 1000) nuclear reactors. There are total 152 villages with a population of more than 200,000 within 30 Kms radius of the proposed nuclear power plant. The main occupation of the villagers is agriculture. The rich alluvial soil here supports crops like ground nut, wheat, bajra, cotton, etc and fruits like mangoes. The agriculture department has found the climate and soil also suitable for cashew nuts. Thousands of villagers have been consistently opposing the Nuclear Power Plant with the slogan ‘Not Here’since 2007. Subsequently they have resolved ‘Not Here, Not Anywhere; Not in Any Country in theWorld’. 04 Water Water Everywhere / Coca Cola In Mehdiganj / Uttar Pradesh

This year, another unexpected development materialized although on a good note. The Coca Cola Plant in Mehdiganj, Uttar Pradesh was shut down after authorities found gross violations in its working. The plant was established in 1999 when the ground water levels in Mehdiganj were 'safe'. In 10 years, according to Central Groundwater Authority report (2009), the ground water levels were critical. It wouldn't have happened without the active resistance by the people of Mehdiganj to the plant since its inception. Coca Cola had increased its production capacity from 20,000 cases per day to 36,000 cases without permission. This also increased the industrial waste discharge but Coca Cola lied that it has remained constant. Even the waste treatment plant was not operating smoothly. Coca-Cola had been seeking to expand the capacity of its existing plant in Mehdiganj

Photo : Dianuke.com

03 Not Here, Not Anywhere / Nuclear Activism / Gujarat The Central and State Governments, now both led by Modi Government, are seeking to build a 6000 MW Nuclear Power Plant at Mithi Virdi – Jaspara, Bhavnagar district of Gujarat State. The Nuclear Power Corporation of India Ltd (NPCIL) signed an Early Works Agreement (EWA) with the American company, Westinghouse Electric Corporation for installation of a six 1000 mw 23

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five-fold. Coca-Cola has also been forced to shut down another bottling plant in India in 2004 â&#x20AC;&#x201C; in Plachimada in the state of Kerala, and faces legislation holding it liable for $47 million in damages as a result of its operations. The company is also the target of a major community campaign in Kala Dera in Rajasthan where the community is seeking closure of the bottling plant due to rapidly depleting ground water. Most recently, Coca-Colaâ&#x20AC;&#x2122;s plans to build a new factory in Charba in Uttarakhand were defeated almost as soon as the proposal was made public in 2013.

Jadavpur University students, demanding a fair and unbiased probe and punishment of alleged perpetrators in a case of an alleged molestation of a female student on 28 August in the university premises. The affected student filed both a sexual harassment complaint with the University's Internal Complaints Committee (ICC) and an FIR with the Jadavpur Police Station. The students of Jadavpur University were united on this issue and demanded that the identified alleged perpetrators should be arrested based on the prima facie complaint against them or they should be at least expelled from the hostel and campus. More than two weeks passed but neither of the complaints led to any redressal. Furthermore, it was alleged that members of the ICC had indulged in victim-blaming by asking the affected student about her dress and state of sobriety on the day of the incident. The authorities of Jadavpur University treated the molestation case as one of 'indiscipline' and not gender violence and they tightened surveillance on campus! What followed was one of the largest student mobilisations seen in contemporary India. Between 30,000 to 1,00,000 people walked through rainy streets and a delegation met the Governor ofWest Bengal and Chancellor of the university, Keshari Nath Tripathi demanding the resignation of Vice Chancellor Abhijit Sen under whose complaint the police had carried out the brutal attack. Later, K.N. Tripathi gave Abhijit Sen an extension of 4 years as the acting VC. Student protests continued. At the convocation ceremony, Tripathi was greeted with black flags by students and graduates refused to recieve certificates and medals from the VC who left mid-way during the ceremony. After 2 more hunger strikes unto death, Mamata Banerjee (CM, Bengal) assured the resignation of the VC.

05 Hok Kolorob / Let There Be Clamour / Student Protests / West Bengal

On 17 September 2014 at 2 in the night, lights were turned off and havoc was wreaked upon students protesting peacefully to address gender sensitiveness in the Jadavpur University campus on Kolkata. One student was taken into ventilation, 2-3 were taken in intensive care, many had broken knees, arms, fingers, several received back, shoulder and body bruises from baton charging, women students were openly groped, molested, dragged, kicked on their stomach, stomped by boots, punched, walked over by male police and male goons. Some had their dress torn, some had their glasses broken, some had their laptop thrashed, phones broken. This brutal violence came as a crackdown on a one week long peaceful sit-in demonstration by the The Movement of India

07 State Terror / Kanhar / Uttar Pradesh Sonbhadra, Uttar Pradesh. Police opened fired at the peaceful protest of adivasis and dalits on 14 April 2015, followed by brutal lathi charge, which left many, including women, gravely injured. It is indeed a painful irony that the villagers were celebrating â&#x20AC;&#x2DC;Save the Constitution D a y â&#x20AC;&#x2122; o n Babasaheb Ambedkar Jayanti when this ruthless Photo : vindhyabachao.org assault on the very soul and spirit of Constitution took place. Without conducting any fresh cost benefit analysis and social and environmental impact assessments, and violating the order of the National Green Tribunal dated 24 December 2014 which mandated Environment Clearance and Forest Clearance for any construction to be done by the Irrigation Department of UP, the government is illegally going ahead with the construction. Kanhar Irrigation Project was originally approved by the CentralWater Commission in September, 1976. The project is located downstream of the confluence of River Pagan with Kanhar near village Sugawan in Tehsil Dudhi of District Sonebhadra, Uttar Pradesh. The project proposes a 3.003 km earthen dam having a maximum height of 39.90 m from deepest bed level which may be increased to 52.90 m if linked to Rihand reservoir. The project envisages submergence of 4131.5 Ha land of 111 villages which includes parts of Uttar Pradesh, Chhattisgarh and Jharkhand. The

Photo : Shefali Saini

06 Neverending Struggle For Justice / Bhopal 11 November 2014: Representatives of Bhopal survivors sat on a waterless fast demanding equal distribution of ex-gratia payment of Rs. 1 lakh among all affected people, the correction of the compensation being demanded by GoI from Union Carbide in its curative petition in Supreme Court. The Government is demanding just $1.2 billion while scientific estimates peg the additional compensation required at $8.1 billion. After 5 days of hunger strike and 4 days of water-less fast by 5 women survivors, Govt conceded to both their demands and agreed to make the historic Revision- compensation based on ICMR and govt. of Madhya Pradesh hospital records and Union Carbide of India's designed categories. Revised figures will be submitted to the Supreme Court Curative Petition. The Government will additionally file an application seeking early hearing of the case.

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Photo : Alok Shukla, Chattisgarh Bachao Andolan,

project was completeley abandoned since1989 and construction work is started on 5 December 2014. Information accessed under RTI shows that the project does not have a valid ‘Environment Clearance’and ‘Forest Clearance’. Further, Kanhar dam will feed water to Rihand reservoir, the water from which is being used for nearly 25-30000 MWof electricity generation in Singrauli, which is witness to all kinds of violence against the tribal people. Some of them have already faced multiple displacements, police harassment and wrecked environmental disaster for years now.

Photo : Kailash Mina, Rajasthan

few months to break the very core of the 2013 Land Act. Nobody took it lightly. Numerous protests followed, on the streets to the parliament. Debates that ensued revealed the true nature of this government. One of the foremost amendments proposed is removal of the mandatory 70 - 80% consent of landowners required before acquiring land. This autocratic behaviour can be attributed to the government's close link with large corporate entities which funded their election campaign. Critics say its payback time now, and the government will do anything to make available cheap land to corporates, hand over India's major resources and weaken labour laws to mainstay the current paradigm of profits and more profits.

08 Farmer on the Anvil / Land Ordinance Protests On 31 December 2014 the President agreed to change the law that governs acquisition in India without even referring it to the elected Parliament, citing urgency but without giving any reasons. Historically, the exploitative Land Acquisition Act of 1894 was made by the British imperial government and the Indian government used it to its advantage until 2013 after which a new law was enacted following years of struggle. It took Modi and his party only a

This article was compiled by Rishit Neogi from NAPM. The Movement of India

Movements and Alliances The Sruggle for Justice Continues: 30 Years of Narmada Bachao Andolan - NAPM, NBA

The struggle of the people in the Narmada Valley is symbolic of the struggle of millions of common people across the country and is a united fight to sustain peace, justice and democracy in these trying times. The year 2015 marks 30 years of relentless struggle by the Narmada Bachao Andolan (NBA) in the Sardar Sarovar Project affected areas for legal, human and constitutional rights.

people, landless and thousands of other Sardar Sarovar Project oustees who challenged the illegality of raising the dam height in violation of the binding norms of the Narmada Tribunal and the Judgments of the Supreme Court. Numerous supporters from the left parties were proffered. Com. D. Raja, MP, CPI, Com. Shri Ragish, MP, CPM, Shri Swamy, MP, Rajya Sabha Former CPM- MP, Shri Hannan Mollah extended their solidarity stating that their state and national units would provide increased support to the Andolan and they would mobilize for political support for the cause, both within and outside the Parliament. They condemned the anti-people nature of the NDA government and called upon the Prime Minister to act within the

On the 28th of June, 2015; at a gathering at the Constitution Club in New Delhi, more than 200 people including many present and former MPs, Retired Judges, senior social activists, lawyers, artists, film makers, writers, technical experts, environmentalists, academic and young personâ&#x20AC;&#x2122;s participated and expressed their solidarity with the resilient adivasis, farmers, fisher

This article was compiled by Radhika Krishna from NAPM.

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confines of law, instead of undertaking side big businesses.

Krishnakant exposed the hoax of “development” by the Sardar Sarovar Project in Gujarat and questioned the fact that when less than 15% reservoir water is utilized, less than 30% canals have been built, so why is there an urgency, on the basis of illegality to push the dam ahead? It is only for the companies that lakhs of hectares of land are bring de-commanded and millions of liters of water are doled out at a throw away price to bottled water companies. It has become the way of how development models are gaining momentum in the country.

The affected people from the valley highlighted that there was not enough understanding of what happened after displacement, with or without rehabilitation and resettlement. Women particularly are the worst affected. Alluding to Modi’s favorite “Swachha Bharath Abhiyan”, Sanobar bi from Chikhalda village said, “Of what use are toilets for people who have no homes or livelihoods?” Com. HannanMollah, environmentalist SoumyaDutta, senior socialist leader Dr. Sunilam and reservoir expert Dr. Raj Kachroo all stated that the decision to raise the dam has serious implications on the lives of thousands of people. The recent issue of throwing 16,000 families “out of submergence” on the basis of wrong backwater calculations was decried and called for a review of the rehabilitation of these oustees.

Medha Patkar reflected upon how the initial concerns of the environment, the destruction of the local economy and the adivasi cultures have all come true in the past 30 years. Adv. Sanjay Parikh, the legal expert for the Narmada BachaoAndolan stated that the growing perception that struggling for environmental justice automatically means being “anti-development”, has influenced the judiciary and this is a matter of grave concern.

Activists from Gujarat, including Rohit Prajapati, Lakhan Musafir, Sagar Rabari and

Jeevan Adhikar-Sangharsh Yatra raises a storm. -NBA Narmada Valley was re-united under the threat of raising of the dam and a series of actions were carried out across August under the Jeevan Adhikar-Sangharsh Yatra. On the fourth day of the Jeevan Adhikar-Sanghrash Yatra, Narmada valley reverberated with the slogan “Modi-Shivraj Go Back” – “Hamare Gaon me Hamaara Raj, Vaapis Jao Modi Shivraj”. The slogan coincided with the Shaheed Divas and the Quit India Day against the British Raj. Pointing out they have already gone back on their poll promises and constitutional-legal obligations, the people called upon the ModiShivraj duo to also “Go Back” and Quit The Movement of India

Narmada. The yatris asserted the rights of the Gram Sabhas in the scheduled adivasi areas and questioned the unlawful-inhuman decisions of the Central and State Governments to submerge 245 villages for the Sardar Sarovar Project. Adivasis, Mankar and oustees of various communities, young and old, men and women sang and danced together to the sound of drum beats in village after village. Remembering Tantya Mama, Khaja Naik, Bhima Naik and other adivasi heroes whose valorous struggles, kept the Nimad region and hilly areas out of the clutches of the 28

British rule, on the Adivasi Rights Day, adivasis and activists unitedly stated that time has come to wage a new war of independence against the brutal Indian State which has decided to massacre 2.5 lakh people without rehabilitation, prioritizing benefits of the dam to corporates who have funded the elections of the ruling party.

by dams, canals or sand mining. She wrote an Open Letter to the Prime Minister, calling him to convey his Mann ki baat on the realities of Sardar Sarovar, which was read out and endorsed by all Yatris in Village Semalda. Drawing a poetic parallel between Uttarakhand and Kedarnath disasters, Pannalal, Village Kavthi warned people of the impending catastrophe due to the cascade of dams on the Narmada and called for a unified struggle.

Farmers entangled in the fake registries scam under inquiry by the Jst. Jha Commission, farmers who received one instalment of cash, but could not purchase land, farmers given uncultivable land from the land bank – all of them – more than 6,000 eligible farmer-oustees demanded “land for land” and asserted “No Gates, If No Land”. Landless families and fish workers, who number in thousands in the Narmada valley, demanded sustainable alternative livelihood, scoffing at the meagre cash grants and challenging the unlawful submergence.

The Yatra passed through the villages of Ekalvara, Acchoda, Semalda in Tehsil Manavar today where the oustees challenged the fraudulent back water figures and surveys of the NCA and NVDA. While numerous villages are to go under dam waters, many hamlets are also doomed to become (tapu) marooned, but neither are there any arrangements for rehabilitation nor exit roads / bridges etc. Oustees at the resettlement sites of Perkhad and Sharikpura recounted the severe difficulties of lack of water, electricity, water troughs, drainage, livelihood sources, grazing land, water accumulation in house plots, even expressing regret over shifting to the sites and a desire to go back to the original villages!

Addressing hundreds of villages at every village-meeting, Medha Patkar stated that the struggle is not just for the 2.5 lakh people, but to preserve the most ancient civilization, the most fertile landsagriculture, an entire river valley, to save the history and future from destruction, whether 29

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Jan Adalat Attended By Thousands of SSP Oustees 2 day Independent People’s Tribunal in Narmada Valley: 4 Retired Justices call upon Supreme Court and Govt. of India to review the status of displacement, submergence and rehabilitation of Sardar Sarovar oustees. Report released in New Delhi, can be downloaded at, https://www.scribd.com/doc/291937747/INDEPENDENT-PEOPLE-S-TRIBUNAL and Judgements of the Supreme Court. Speaking at the proceedings of the “Jan Adalat” organized by eminent citizens of the country, wellknown Justices including Jst. P.C Jain (Rajasthan High Court), Jst. Nag Mohan Das (Karnataka High Court) and Jst. V.D. Gyani (Madhya Pradesh High Court) and Jst. N.K. Mody (Madhya Pradesh High Court) expressed grave concern at the displacement of about 2.5 lakh people due to the completion of the Dam and the mass violation of the constitutional right to life, destruction of livelihoods, as also wiping out of an entire culture and civilization. They stated that the further dam work and installation of gates should not proceed in the present circumstances of clear evidence of multiple violations. Observing that the concerned authorities have miserably failed to comply with the provisions of the Award and the Apex court’ orders and have committed serious dereliction of legal obligations, they called for a serious review of the entire situation and a serious social-economic impact assessment. The Govt. and Apex Court must widen their horizons of ‘development’, in the light of the complex realities of the 30 years struggle of the Narmada valley, they said.

Rajghat / Badwani, M.P. Pronouncing their interim verdict in the presence of about 10,000 oustees of Sardar Sarovar Dam, based on their observations and assessment of the legal and field situation, a Panel of 4 retired Judges of various High Courts concluded gross violations of the Narmada Water Disputes Tribunal Award The Movement of India

Reading out the operative part of their preliminary verdict, Jst. Jain exclaimed that the official claims of no additional submergence due to the current dam work is clearly unlawful and also unbelievable, since when the dam is being completed with the same original height, there is no reason why the submergence area would not increase ! Listening to testimonies of about 35 oustees they found that the Judgement of the Supreme Court dt. 18/10/200 and 15/3/2005 as well as several orders of the Grievance Redressal Authorities (GRAs). Jst Jain also said that the Government must await the Report of Jst. Jha Commission of Inquiry into Corruption in R&R before any further work is undertaken.

Maharashtra and Gujarat also expressed their grievances and pointed out to major violations. The hearing was conduced in a completely formal manner, with a People’s Court set-up on the Narmada river bank at Rajghat and each oustee / deponent stood in the ‘dock’, as s/he deposed. Bhagirath Dhangar spoke of the plight of hundreds of farmers, workers, small traders, shopkeepers, hawkers etc. whose lands and livelihoods are to be lost by the dam increase, with no alternative R&R in sight. He questioned if the balance is indeed ‘0’, then how is it that the govt. fair price shops, panchayats, voting and even govt. licensed wine shops are functioning here? Mahesh Patel exposed the fraud in the name of back water levels due to which 16,000 families has been declared “out of submergence”. He said that all these unscientific claims would be blown up by Narmada herself and her fury into which 99 tributaries and 999 large drains flow. Fish worker families represented by Savabai (Pichhodi) & Madubhai (Chikalda) demanded fishing rights in the reservoir and alternative livelihood. They said that fishing and riverine rights cannot be compensated in monetary terms.

The 4 Justices urged the Social Justice Bench of the Apex Court to review its decisions and hearings in the light of the overwhelming evidence of legal violations and well as the obviously flawed “full rehabilitation” reports of the project authorities. The Jan Adalat specially acknowledged the valiant role of thousands of women warriors in the valley who have been keeping the torch of struggle aglow over the past 30 years. These observations were made after hearing the depositions of about 35 oustees from the three states of M.P., Maharashtra and Gujarat, perusal of the NWDTA, various orders of the Apex Court, GRAs, interim reports of Jst. Jha Commission, official correspondence and intensive visit to various affected villages in the tehsils of Badwani, Kukshi, Manavar and Dharampuri yesterday.

Mr. Karan Yadav from Pipri read out the message from Mr. Ramesh Patel, the MLA of Badwani, admitting that governmental reports of R&R are patently false and that 99% oustees, still reside in the original villages awaiting R&R. Mr. Patel submitted a written demand to the Tribunal that the SSP gates should not be installed at this stage, without completion of R&R, as per law. Meera spoke of the absolute failure and connivance of the elaborate machinery of monitoring and project authorities in complying with the Apex Court’s orders and demanded that all the clearances granted by the authorities are unlawful and need to be set aside by the Apex Court. Adv. Umesh stated that thousands of SSP oustees are now

The deponents before the Tribunal today included representatives of adivasis from the hilly and plain areas, other farmers who have been entangled in the fake registries scam, received meagre cash and denied land or given land from the land bank, landless oustees, including fish workers, potters, boatmen, small traders etc. Oustees from 31

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owners of the acquired lands/houses as per 2013 LAQ Act and Govt. dare not dispossess them.

denial of R&R. Notably, the highest officials of the Central and State Governments including the Chairpersons of the NCA, R&R Sub Group and GRA, as well as the Chairman, ViceChairman and Commissioner of NVDA, Bhopal, Collector, Nandurbar (Mah) and Commissioner, SSPA (Guj) were invited on behalf of the Organizers, but as none of them turned up, their chairs were kept vacant !

Medha Patkar decried the massive violation of the rights of the Gram Sabhas in the constitutionally protected scheduled adivasi areas. She spoke of the possibilities of and need for a review even at this stage to avert the inhuman pauperization of 2.5 lakh people, for the benefits of corporates. “While displacement and disaster is planned by the State, development and rehabilitation is not” she said and concluded that continuation with the dam would mean a mass atrocity on the dalits and adivasis.

The hearing was preceded by a day-full of intensive visits yesterday to various villages including Khalghat, Dharampuri Township as well as Vill. Semalda (Teh. Manavar) and Villages Chhota Barda, Pipri and Chikalda, Kadmal-Khaparkheda (Tehsil Kukshi); where elderly persons and women who poured out their grievances of denial of R&R, poor quality amenities at the resettlement sites, massive corruption, unlawful submergence in 2012-13 etc. The hearing began with a homage to Shri. Ramaswamy Iyer who passed away 2 days ago. Madhuresh of NAPM remembered of him as a beacon, for decades, in the waterecology sector, whose own life was enriched by his engagement with the SSP struggle, as a Govt. Member of the 5-Member Review Panel and later his valuable contributions to the water rights regime, acknowledged internationally.

Shri Soumya Dutta, one of the members of the recent Fact-Finding Team to the Narmada valley (May, 2015), whose report has received wide attention and even alerted the Judges of a disaster in Narmada moderated the proceedings and shared with the Judicial panel, the findings of his Report co-authored by senior political leaders and experts including Hannan Mollah, Annie Raja, Dr. Sunilam, Raj Kchroo and Benoy Vishwam. The Panel of Judges was invited by a team of distinguished citizens including Jst (Retd.) Rajinder Sacher [Retd. Chief Justice, Delhi High Court].; Syeda Hameed [Former Member, Planning Commission of India and National Commission for Women]; Sagar Sarhadi, Senior film maker, short story and play writer, writer, director and producer; Prof. Anil Sadgopal, Eminent Educationalist and Founder, All India Forum on Right to Education.; Ramdas Bhatkal, Founder, Popular Prakashan, Mumbai and Senior Litterateur and Anand Patwardhan, Internationally Acclaimed Film Maker on Developmental and Human Rights Issues to hear the oustees and State agencies and give its findings on the legality of the decisions of the Government to pursue the dam work in the light of large number of complaints of The Movement of India

Major issues put forth before the People’s Tribunal Some of the major issues that the oustees from the three states put forth before the Tribunal are:a) Representatives of tribals – farmer (Kailash Awasya-Vill Bhilkeda, SurbhanVill. Kakrana and Ghokru-Vill.Bhadal) spoke of the atrocities on adivasis in the hills and plains and demanded that oustees who have not accepted cash and have been given bad land, should be given good land and compensation as per the GRA’s orders. They 32

rejected the cash grants, exposed fraud in the name of land bank and SRP and demanded cultivable land as well as interim relief.

h) Fish worker families represented by Savabai (Pichhodi) and Madhubhai (Chikalda) demanded fishing rights in the reservoir and alternative livelihood. They said that fishing rights, river bed cultivations, boating rights etc. cannot be compensated in monetary terms. Madubhai also questioned the illegality of the GRA’s orders denying compensation for the 201213 submergence on the ground that submergence was due to the Omkareshwar dam waters, although the impact was due to the SP dam wall of 121.92 mts.

b) Deven Tomar, Dayaram and Rahul Yadav exposed the 1,000 crore corruption scam due to the fake registries, house plot irregularities, sub-standard works at R&R sites, livelihood grant fraud and demanded that there must be no further dam work until the Report of Jst. Jha Commission is out. c) Devram Kanera stated that there are lots of reasons to review the SSP even at this state. When the dam cost has shot up from Rs. 4,000 crores to Rs. 90,000 crores., why cannot there be a comprehensive review? Why not search for alternatives, he questioned ?

I) Ramesh Prajapati from Nisarpur demanded recognition of the rights of the potters with alternative land for the brick kilns and the narrated the woes of potters due to frequent problems faced from the local administration.

d) Bhagiram (Piplud) and Mohan (Kundiya) who have been given only one instalment of the Special Rehabilitation Package refused the meagre cash grants, asserted the right to land of 1500 oustees like them and also of the 2000+ oustees those who have been entangled in fake registries scam or have been given only meagre cash in lieu of land.

j) Mohan Patidar deposed on the status of villages like Bhavaria, Malangaon, Sondil etc. where entire hamlets are to become marooned (tapu – affected), but no surveys have been done in M.P. and no R&R entitlements have been given till date. k) Balram Kevat demanded livelihood rights for the generations, 5,000 strong old boats-men community affected by the SSP and other dams on Narmada.

e) Representatives of landless and fish families including Pemal (Dhanora) refused the meagre cash grants as “rehabilitation” and stated that more than 10,000 families like hers are entitled to stable and sustainable alternative livelihood. She demanded that the middlemen should be completely eliminated from the R&R process.

l) Shantabai warned of disasters worse than Nepal and Uttarakhand if the nature’s laws are are ignored and ecologically unsound projects like large dams or river linking is pursued !

f) Sanobar Bi spoke of the impacts of Displacement, Denial of R&R and Implications for women and the unique situation of river-dependent women farmers, widows, single women.

m) Bhagirath Dhangar (Chikalda) spoke of the plight of hundreds of small traders, shopkeepers, hawkers, artisans, tailors etc. whose livelihoods are to be lost by the dam increase, with no alternative R&R in sight. He said if the balance is indeed 0, then how is it that the govt. fair price shops, panchayts, voting and even govt. licensed wine shops function here ?

g) Haribhai, an old encroacher from Vill. Segava stated that hundreds of old encroachers on government land entitled to R&R are being denied land, since decades.

n) 33

Mahesh Patel (Vill. Kundiya) exposed October-December-2015

the fraud in the name of back water levels due to which 16,000 families has been wrongly declared as “out of submergence”. He said that all these claims are unlawful and will be exposed by Narmada herself and her fury into which 99 tributaries and 999 large drains flow.

Bhavan, Naar-Paar River Link Project etc. Unique Problems of Project-affected in Gujarat: 6 Colony-Affected, Oustees due to Tourism plans, Garudeshwar weir,. – Costs and Benefits of SSP r) Vikram Verma and Mansaram Jat decried the massive impact to be caused on the Dharampuri township where not less than 10,000 people reside and Govt. claims that thousands are now suddenly ‘out of submergence’. Mr. Jat appealed to “My Lords” to ensure that the villages and real India survive.

o) Madan Alave (Pichhodi) stated that hundreds of tribal and other small farmers who are losing lands even for the R&R sites are denied land-based R&R. How can rehabilitation be complete without giving us land, he asked. p) Noorji Padvi (Vill. Danel) and Punya Vasave (Somaval R&R site), Maharashtra along with Yogini stated that when not less than 1200 oustees in Maharashtra, mostly affected under 121.92 mts, even at 80 mts are yet to be rehabilitated, how can the Governments claim “full or even substantial compliance”. Good land, irrigation facilities, house plots, compensation etc. are yet to be given to hundreds. The selfcontradictory affidavits of the GoM before the Apex Court expose the fraud, they said.

s) Mukesh and Jagish Patidar spoke of the further destruction to be caused by the canals in the irrigated villages, affected by SSP and Maheshwar dams close to Narmada and stated that while the Apex Court and Expert Committees have been looking into the violations, many grievances are still not fully resolved. t) Adv. Umesh Patidar drew the Panel’s attention to the fact that thousands of oustees have become absolute owners as per Sec 24(2) New Land Acquisition Act, 2013 and their lands should neither be submerged nor they be dispossessed without due legal process.

q) Lakhan Musafir, with Chaintamani and Shankar Kagda from Gujarat deposed about the status of the oustees in Gujarat and they stated that while hundred affected since decades are yet to be rehabilitated and still face problems at the R&R Sites such as denial of quality land, civic amenities etc, thousands more are to be affected in the name of tourism projects, Garudeshwar weir, Sardar Patel Statue of Unity, Bharat

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u) Tukaram of Jagrit Adivasi Dalit Sangathan demanded that there should be a complete moratorium on large dams and only small projects in the interests of the farmers, workers and environment must be pursued

Mumbai’s Slum Dwellers’ Claim to the City: the Mandala Occupation NAPM

June 30th, 2015 marks another black blot on the history of democracy. The Government, Police and Administration bulldozed the settlement that the brave people of Mandala set up across 55 acres. This land was snatched away from them on the promise of better housing facilities. This injustice is indicative of the cruelty of modern urban civilization where the poor are mercilessly crushed by a power nexus created by the privileged elite of the society. More Mandala’s will be built again and again. It will be proved that one day this city does not belong only to a few but to everybody. It is the daily wagers, porters, cleaners, migrants and everyone who makes the Dalal Streets of the city tick. Long live the Occupation of Mandala!

with its financial twin- Mumbai being on 603 km. sq. but accommodating just 1.2 crore people. 60% of Mumbai’s population lives in just 48 km. sq. The total number of slums exceeds 33,000 in these few cities and 4.5 crore people reside here in appalling conditions. Slums are routinely demolished. The poorest of the poor are living in small shanties and are considered to be illegal residents. Their shanties and belongings are swept away by bulldozers which belong to the caretakers of the city- the municipality. As these slums and shanties are being demolished, it is the people who come to the streets and live in pavements and underbridges. The census report of 2011 estimated that the total number of homeless person to be 95 laks in 2.5 lakh families.

Mumbai: It’s the year 2015, and the crux of the Indian civilization now rests on a few big cities. A 1484 km. sq. big political capital of Delhi made of a crore people,

Living without a roof over their head, surrounded by the maddening 24 hours traffic, living through hot days and heartbreaking nights, seeing to a family of six 35

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and a pet mangy sleeping peacefully under the yellow street lights evokes several interesting questions. The crassness of ideology is such- when a drunk Salman Khan- India’s most beloved superstar slammed his car into sleeping day labourers, his friends from the city tweeted that it was not his fault for his smashed car, but the fault of the homeless to be found sleeping on streets!

Mandala was demolished in 2004-05 along with 85,000 other homes as part of a massive demolition drive by the Mumbai administration. Later, a Court Order has ordered their homes to be reinstated but in 2006, they were once again demolished. In 2008-09, after intense struggles, Mandala was chosen to be a pilot project for “Rajiv Awaas Yojana” (RAY) - a government project to provide homes to the needy. While 6 years have passed since this promise, not a brick has been laid.

The urbanscape has snatched away the right to assert from its marginalized. It is rare in the history of the city to see its marginalized rise up against the matrix of insensitiveness of its elites, police, municipality its entire structure. Mandala is the first of its kind. It’s time for the city’s most exploited to assert their identity and claim their share to this city.

Instead of helping out the poor and the needy, the government is secretly shelving all plans that are directed towards their welfare. The RAY is facing a similar future. Even after the surveys are carried out, there is no progress and there are whispers surfacing that like other welfare projects, this one too might not see the light of the day.

Awaas Haq Satyagraha, launched by the Ghar Bachao Ghar Banao (GBGB) Andolan is a historic Housing Rights Movement involving the mutinous participation of 5000 persons who were displaced in 200405 from their homes in a demolition drive that occupied 55 acres of prime land. The GBGB Andolan is a decade of old networks working incessantly through slums of Mumbai, bringing together all those persons whose shelter has been snatched by the state in collusion with the buildercorporate lobby.

From farmers to industrial and construction laborers, everyone is frustrated by the false claims of the government. The people of Mandala, however, have set an example of resistance unmatched in the urban mindscape. People have taken leave from their daily jobs, have come back from their native lands in Kerala and Tamil Nadu, and have left weddings unattended- all in order to be a part of the AwaasHaq Satyagraha. Satyagrahis have demarcated the occupied land and mapped it out to start building their own homes in clear defiance to the tall claims of the RAY.

Thousands of poor have been raising the question of their rights of housing in front of every ministry, every department and every forum. Time and again, they have been manhandled, beaten up, arrested and tortured. At the heart of the struggle are the instances of inequality, of corruption in the Slum Re-development Authority, of leasing out land at 40 paise per acre to builder “Hiranandani”, and non-distribution of available land to the poor.

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A community school has been announced and already people are badgering the administrative authorities to provide toilets and safe drinking water in the occupied land. Earlier, hawkers and vendors who had gathered in the protest grounds of selling snacks and drinks were hounded by the police but the community protected the rights of these small traders by facing the police. 36

A relay has now commenced and Satyagrahi after Satyagrahi are continuing the non-stop fast until their demands are met. The administration is silent. The city is not used to the voice of people living in slums. But the voices are getting louder and louder as political factions and progressive citizens are coming forward in support of the movement.

It is important for the Manadala movement to succeed and secure the rights they are fighting for. It is important because of the patience of the crores of people living precariously in this city are running out. It is important for the future of the city which can no longer be built on the foundations of inequality. It is important if one wants the city to retain its soul.

This article was compiled by Rishit Neogi with inputs from, Bilal Khan, Faiza and Javed Iqbal.

Are Power Plants inherently violent? NAPM Both the Karchana and Pench Power Projects are fraught with instances of severe repression and violence. Communities resisting displacement due to these destructive and polluting power projects are time and again subjected to renewed terror from both project proponents and police and administration. -

projects, since their commencements have been mired in protests and court cases owing to the irregularities in the acquisition process. They have tried to avoid the due processes of land acquisition either through old Land Acquisition Act or the new Land Act. In 2012, a case filed by the PAFs of the Karchana Power Plant resulted in the High Court ordering the government to forcible return the acquired land, if farmers returned the compensation amount and followed the due procedures for any further land acquisition. Since then, farmers have demanding the implementation of this High Court Order. However, the district administration has refused that in complete violation of the order.

Karchana, Uttar Pradesh: Allahabad/New Delhi: Yet again, the UttarPradesh government has demonstrated its “anti-people” face by curbing free movements, detaining activists, arresting protesting farmers (including children), and levelling false charges all in the name of “development”. While the wounds of the police firing against the construction of the Kanhar Dam have not healed, the government has resorted to repression against people protesting the destruction of their livelihoods.

In fact, authorities have been forcibly seeking consent from farmers and refusing to implement the Land Act of 2013. This implies seeking farmers consent for the project, considering that two of these private power projects are to be implemented by Jaypee group. Within a distance of 60 kms near Allahabad, around six power plants cumulatively amount for 7000 plus MW which are geared towards meeting the demands of the Dedicated Freight Corridor. This is in tune with the failure to undertake any social or environmental impact till date.

Background to the Ongoing Struggle: For years now, farmers and farm workers have been protesting against the construction of three thermal power plants within the distance of 20 kms, near Allahabad. These plants of 1320 MW- Karchana and Bara (Jaypee) and Bara (NTPC and UP Power Corporation) will jointly impact over 20 villages and almost 5000 families. These 37

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though the Uttar-Pradesh government has not learned from its past mistakes and continues showing its ugly face.

Continued Police Repression: Tehsil Karchana has been converted into a police camp for some time now. People have been terrorised and brutalised since September. Here, project affected families of the Karchana Power Plant were beaten up by the police. 42 people, including 13 children were put behind bars. They have been denied bail and are being punished for extending support to the resistance by Meja PAFs to forcible acquisition of their land on September 9th, 2015. Many of these farmers have been implicated on false charges and their family members are being targeted and harassed.

Adani Pench Power Plant Madhya Pradesh: The secretary of Kisan Sangharsh Samiti- Sajje Chandravanshi and 4 others were brutally attacked in the village of Chaunsara in the Madhya Pradesh district of Chhindwara on November 14th, 2015. The villagers of this area have been resisting the construction of the Adani-Pench Power Project for the past few years due to forcible land acquisitions, water diversions from Pench and environmental illegalities that the project proponents have deployed to construct the environmentally damaging 1320 MW coal-fired power station.

Furthermore, the district administration in complete violation of all laws has acquired over 3500 plus acres of land, as opposed to the 1100 acres which was needed for the Meja power plant. This includes the Gram Sabha land, forest land and even Bhoodan land on which nearly 1000 labourers are working on stone quarries. These have all been left out of the project affected families count and have been denied any benefit and compensation.

In view of this, it is important to note that this is not the first time that KSS activists were attacked and a similar situation took place on May 22, 2010 where Adv. Aradhana Bhargav and Dr. Sunilam faced assault from company goons. Instead of bringing the perpetrators to trial, the police harassed the villagers and even a few months ago, a village meeting held in Sajje Ji’s home was forcibly stopped and the “pandal” was dismantled. The police further picked up the innocent indigenous tent maker to dampen the spirit of the people who are bravely fighting against the monstrous multi-national both in the Supreme Court and in their villages.

The Autocratic Face of the Uttar-Pradesh Government: The Uttar-Pradesh government till date stands exposed for its double speak. While nationally opposing forcible acquisition and changes to the Land Act, 2013; they follow contrary measures in their own state. These include bringing police forces to terrorize and arrest those opposing forcible land acquisitions against the Kanhar Dam in Sonbhadra, following suit in Karchana Tehsil.

Back in 2012, activist- Medha Patkar and 21 KSS activists were arrested on a November night by the police in Chhindwara in Madhya Pradesh as part of a police clampdown on protests against the water diversion project of the Pench Power Plant in the district. The power station received environmental clearance in 2012, which was largely challenged in 2013 by villagers.

The rule of police forces and “goondas” continue unabated in the state and those challenging the state are often at the receiving end of the law- facing false charges, arrests, illegal detention and restriction on their freedom of movement. Thus, it appears as The Movement of India

The proceedings before the National Green Tribunal were stayed by the Supreme Court 38

on January 6, 2014. In April 2014, it was reported that a barricade had been built on a public road between the residents of five villages including Dhanora and Chaunsara and the Adani Pench Power Ltd (APPL).

The land for a thermal power plant which was acquired almost 25 years ago by the then Madhya Pradesh State Electricity Board (MPSEB), was later illegally transferred to the Adani Power Ltd. However, the project was not started and the physical possession remained with the farmers who had been tilling the same until the time they were forcefully displaced by the company, thus claiming that there is no issue of rehabilitation involved. The construction activity of the project commenced as early as in March, 2010, prior to the grant of environment clearance. While the commencement of the construction was brought to the notice of the state and of the state and central authorities, no action was taken against them.

Another looming threat is that of “displacement” due to the proposed dam on the Pench River will affect about 31 villages and fully submerge about 6 villages (land to come under submergence is over 5607 hectares). The dam will also provide uninterrupted water to the plant at the cost of irrigation and drinking water for local populations. Petitioners, including- Medha Patkar, Aradhana Bhargav and Sajje Ji have affirmed that Environmental Clearance was obtained by Adani Pench Power Ltd in October, 2012, through falsification, concealment and misrepresentation of facts and information. Furthermore, the Ministry has overlooked the blatant violation of the EIA Notification, 2006 at almost every stage of Environmental Clearance process by various respondents.

The issue now turns to the inability of the Madhya Pradesh government to protect its honest citizens who are fighting against evils like sand mining and environmental degradation. This makes it clear that the “jungle-raj” is prevailing in the state while it is trying to woo foreign investors.

Odisha Government Subverting Democracy: Niyamgiri’s Struggle on Mining NAPM It seems that the state is planning to reconvene Gram Sabhas in Niyamgiri more particularly in all the 12 villages which voted against the proposed mining in Niyamgiri in earlier convened Gram Sabhas, during July 18 – August 19, 2013 as held under direction from Supreme Court of India and under judicial supervision.

Bhubaneswar, Odisha- October 30, 2015: Shri Prafulla Samantara, a petitioner in the case against Vedanta in the Supreme Court, while addressing the media expressed his disbelief over the recent developments pertaining to Vedanta’s Niyamgiri wild dreams. He said, “The People of the Niyamgiri struggle are shocked and surprised to learn from newspaper reports that the Naveen Pattnaik government is shamelessly going ahead to do the most undemocratic and unethical act of subverting democracy and wisdom of judiciary in order to appease the Vedanta Company and also generate funds for the party for its elections.”

It may be recalled that all the 12 villages had said unanimously “No to Mining”. It was expected from the government, which had encouraged the company involved in anti people activities to hold them accountable for violations of established laws and acts of the land so that it would realize its mistakes 39

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and wouldn’t allow any further damage or harm to the already deteriorating trust between the vulnerable Dongarias and the State.

The report submitted by the CEC of India’s Supreme Court on September 21, 2005, had clearly indicted the State’s role and its wrongdoings. The CEC said, “The use of forest land in an ecologically sensitive area like the Niyamgiri Hills should not be permitted… it is recommended that this Hon'ble Court may consider revoking the environmental clearance dated 22.9.2004 granted by the MoEF for setting up of the Alumina Refinery Plant by M/s Vedanta and direct them to stop further work on the project. This project may only be reconsidered after an alternative bauxite mine site is identified.”

The inhabitants of Niyamgiri had believed that recognition of their verdict in Gram Sabhas by the government at the centre has indeed ended the tragedy; and thus have started cooperating with a deceptive district administration to bring certain state run schemes to the area. Initially, it was difficult for them to believe the benevolence of the District Collector of Rayagada but they started cooperating in all so called developmental work with the assumption that the Company Raj was over and now the administration would look after their needs and necessities. But as of now, the real intention of the administration has been exposed after the newspapers revealed their evil design.

Putting emphasis on the following observation of the CEC, they said that the recent move to conduct the Gram Sabhas arbitrarily shows scant regard to democracy and judiciary by the State government. The CEC said, “The casual approach, the lackadaisical manner and the haste with which the entire issue of forests and environmental clearance for the alumina refinery project has been dealt with smacks of undue favour/leniency does not inspire confidence with regard to the willingness and resolve of both the State Government and the MoEF to deal with such matters keeping in view the ultimate goal of national and public interest.”

Samantra added that, “We must thank the media for alerting the public about this dangerous move which will definitely be challenged. The state had abandoned Niyamgiri and the Dongaraias for 67 years and remembered them only for bauxite mining after the arrival of Vedanta in 2002. The administration was particularly upset with Gram Sabha verdicts in 2013 and boycotted the hills for the last 2 years and recently started figuring again proactively in the area, which has surprised many. We did not object as we carry the burden imposed on us of being anti-development by the govt. and the champions of unethical industry”.

It was the state which had moved to the Apex Court through its OMC for seeking relief for Vedanta and to get the judiciary’s node for mining Niyamgiri. The Apex Court while closing the matter in its verdict of April 18, 2013 had asked the Gram Sabhas in Niyamgiri to take a final decision as per FRA 2006. The state government tried to manipulate the order by arbitrarily selecting 12 villages assuming that these villages would say “yes” to mining. They got a shock when things did not happen in their way.

Bhalachandra Sarangi, also said, “We would like to warn the state government and advice it not to resort to backdoor and corrupt antipeople practices”. Naveen Pattnaik should remember that if he intends to payback anything to his election funder Vedanta, he dare not think of handing over Niyamgiri to the company. The state’s complicity in Vedanta’s criminal records has been abundantly proved in the past. The Movement of India

All the Gram Sabhas which took place between July 18 and August 19, 2013 amidst tight security and in the presence of district 40

Protest against Vedanta in New Delhi (Photo : Akshay Khanna)

judges of Rayagda and Kalanhandi had said unanimously said “NO” to mining. They had also said in clear and logical terms the reasons of their opposition which any one could understand. The state government can’t pretend that it failed to read the Dongria’s mind and wants to do a re-reading unless Naveen Pattnaik regime and its bureaucrats, who have been involved in anti people activities in the state, have been particularly motivated to do so.

build its refinery and also allowed to expand its capacity from 1 million tonnes without any valid sanctions and clearances, shows a lot about the dirty deals between Vedanta and Odisha government. Now, it sounds ridiculous when the state is jumping forward to hand over Niyamgiri to Vedanta, citing closure of the refinery. Samantara and Sarangi further added that it is unfair of the government now to say that people are losing jobs and that’s why it is essential to hand over the bauxite source for refinery and Niyamgiri hills. Rather, the government should penalize Vedanta for the violations and use the money for mitigating the environmental damage caused to the region. They said, it will never be allowed by the Dongrias and it will face massive resistance once again and will use all options available in front of them.

It is important to reaffirm our faith in judiciary, Indian laws, Acts and the constitution; and warn the state not to venture in to such unethical, unconstitutional and corrupt practices to appease a mere unethical company whose role and involvement in corrupt practices are being globally questioned, with Zambia being the latest example. However, in collusion with the State government the company was allowed to

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News and Updates Bhoomi Adhikar Andolan to Intensify Opposition to Anti-People Land Policies land acquisition for mega projects like the Delhi Mumbai Industrial Corridor go? Why is there no democratic discussion or Parliament attention on such important matters? Bhoomi Adhikar Andolan is not just a struggle to save land but also to save the environment, the rights of agricultural labour and workers, and most importantly to save our democracy.”

New Delhi, November 20, 2015: A two day national meeting was held on November 19 & 20, 2015 at the Indian Social Institute, where delegates from 22 states representing over 100 mass organizations converged to discuss in detail the challenges facing the land rights movements and people of the country today. Bhoomi Adhikar Andolan (BAA) brought together the struggles against the draconian Land Acquisition Ordinance brought about by the Narendra Modi led BJP Government and played a significant role in defeating the move. The BJP Government is now trying to push through State level legislations to allow land grabbing in the illusion that such united resistance would not be possible at the State level.

“Rights of people are being crushed for corporate profit. Bhoomi Adhikar Andolan will take up problems faced by the country’s toiling masses today - the farmer, dalit and adivasi. BAA stands in solidarity with struggles against forced land acquisition and extends support to activists facing repression for demanding people’s rights. Systematic divisive politics are being used to divide the poor and we will oppose this by broadening the alliance especially at the state-level.” said Hannan Mollah of All India Kisan Sabha (Canning Lane).

Representatives of various mass movementsMedha Patkar, Hannan Mollah, Com. Satyavan, Ashok Choudhary, Prafulla Samantara, Dayamani Barla, Alok Shukla, Ulka Mahajan, Roma, Anil Chaudhary etc. spoke at the event and asserted a broad-based unity that will not only take forward the issue of achieving land rights for the peasantry, agricultural workers, forest dwellers, dalits and adivasis; but also fight divisive forces trying to communally polarize the country. The joint alliance resolved to strengthen the struggle at the state-level and outlined resolutions to tackle the major problems of forced land acquisition, fascist repression, agrarian distress, food security and livelihood security.

Forced Acquisition and Fascist Politics: The joint alliance strongly condemned the NDA’s attempts of forcible land acquisition leading to unprecedented displacement of the most vulnerable populations. The alliance conveyed its strong rejection of mega projects such as industrial corridors, Special Economic Zones (SEZs), manufacturing zones and land pooling schemes for establishing capitals, all of which are nothing but corporate land grab under the guise of development.

Ulka Mahajan of Sarvahara Jan Andolan, Maharashtra questioned the government’s development policies involving acquisition of large tracts of cultivable land, “There is no planning for the rural population of the country. Where will all those displaced by The Movement of India

Faced with growing protests and unprecedented unity of people against the policies of the BJP Government at the Centre and States, the BJP-RSS and their affiliates are resorting to divisive politics and 42

deliberate communalization. The Andolan condemned the brutal attacks on dalits and minorities, the murders of rationalists and oppression of activists fighting for people’s rights. BAA expressed solidarity with mass struggles facing repression in Karchana and Kanhar in Uttar-Pradesh. An atmosphere of fear cannot prevail and will be opposed by BAA to build communal harmony and unity of toiling masses.

at the rate of one farmer committing suicide every half an hour according to conservative estimates of NCRB. In reality the human tragedy is of a magnitude unheard of in the entire history of humanity. The Andolan demands income security for every agricultural household through a permanent Farmers’ Income Commission. MSPs should be declared at 50% above cost of cultivation in all 25 crops through procurement, market intervention and price guarantee. Farmers’ seed rights should be fully protected instead of handing over seed control to MNCs through IPRs and GM expansion into crops like brinjal and mustard will be opposed.

Land Use Policy and Land Reforms for Food Security: To take forward the goal of land rights, Bhoomi Adhikar Andolan demanded a “Land Use Policy” to protect farm land from large scale diversion to non-agricultural purpose like industry and infrastructure. Priority should be given to the country’s food security and livelihood security, focusing not only on irrigated multiple-crop land but also single-crop land in rain fed areas which form 60% of cultivated area. The Gram Sabha and Panchayat should have control over the utilization of public lands and have an intrinsic role in development planning. The Andolan demanded the implementation of FRA and PESA and opposed the dilution of environmental laws based on the recent recommendations of the TSR Subramanian Committee.

The BAA strongly asserted that the rights of cultivators and vowed to demand rights of Tenant farmers, Sharecroppers and Women Farmers should be upheld. The real cultivators should get full recognition and benefit of all support systems. Comprehensive support is essential for a shift from high-input chemical agriculture to low-external-input ecologically sustainable agriculture and rain fed agriculture. Finally, the Andolan opposed privatization of water resources and said that priority must be given to drinking water, domestic use and agriculture.The 24th of February, 2016 marks a year of the BBA, and the Andolan will come together again at Sansad Marg in massive numbers and demand land rights and the restarting of land reforms programs in the country.

Unfolding Agrarian Tragedy: The BAA outlined a comprehensive strategy to address the shocking levels of agrarian distress in the country today. Over 3.2 lakh farmers have committed suicide since 1995

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Uttarakhand: Tehri Dam Affected Village Gets its Revenue Status Vimal Bhai citizens. This shows the sadistic attitude of the government towards their own people. It also exposes the idea of developing dams where the oustees are deprived from their basic rights for decades. Furthermore, this milestone event granting revenue by the government is hoped to stimulate pending matters such as:

Uttarakhand: On November 16th, 2015, the state government of Uttarakhand recognized Pathri Part 2, Pathri Part 3 and Pathri Part 4, as revenue villages renamed as Tehri Bhagirathi Nagar, Ghonti Village and Chhaam respectively after the proposal by the District Magistrate. This is indeed a gleeful event since for many years the oustees of the Tehri dam were left out from procuring their “land rights”.

Since 1978, the Tehri Dam affected people struggling for basic amenities such as electricity, water, health services, educational institutions, banking, post office access and also fencing which can protect the agricultural crops from animals.

Many Project Affected People have been rehabilitated in Pathri Part-1, 2, 3 and 4. Additionally, it is hoped that in a similar manner, the Uttarakhand Government will declare those left out villages like “Pashulok” and parts of “Pathri” as revenue villages. The process of giving land rights to displaces persons will be only complete after the recognition of rehabilitation sites as revenue villages.

The issue of landslides across 40 villages situated on the bank of the Tehri dam reservoir. Pending rehabilitation of oustees- this was revealed in the new survey done in the Tehri dam affected areas.

While the displaced persons are relieved, these are rights that should have been given to them during the time of displacement itself. A whole generation has suffered in the absence of land rights. They have also undergone processes when the Haridwar District Administration had abandoned them and refused to recognize them as their

Ensuring rightful and transparent working of the Grievance Redressal Authority. These are issues along with rehabilitation work that should be accomplished in a broader and more responsible way to ensure that humanitarian values are held intact.

Andhra Pradesh: At Whose, and at What Cost Capital is the City Being Built? NAPM real estate developers who are in nexus with the politicians. This is at the cost of the best agriculture and horticulture which would bring in severe destruction of livelihood and contribute to food insecurity.

Hyderabad: 19th October, 2015: The Prime Minister- Narendra Modi with Chandrababu Naidu- the Chief Minister of Andra Pradesh was set to inaugurate the capital city on October 22nd, 2015, with an expenditure of Rs. 300 crores. At whose cost and at what cost was this endeavor being pushed? The capital is a game of the capitalists, including The Movement of India

The government of Andhra Pradesh further decided to establish a green field capital city between Vijayawada and Guntur cities, in a 44

122 sq.km. area by acquiring prime agricultural land on the bank of the river Krishna. The government has also planned to develop the capital region in a 7068 sq. km. area. The capital city is promised and claimed to be developed as a liveable, environmentally sustainable and people’s capital.

If Amaravati is to be a people’s capital as the government claims it to be, then everyone, especially the unorganized working classes must have a right to the city as well as to its development. They have a right to land, housing and other resources just as the landlords so that they are able to live in dignity and earn their livelihood in the new capital.

The core capital region alone is expected to displace around 90,000 marginal farmers, lease holders, agricultural workers, fisher people and other unorganized labor classes. The latter compose of 80% of the population in the area. While landlords are getting residential plots, a commercial plot and yearly compensation for every acre surrendered, the landless will be left with a paltry Rs. 2500 per month as “pension”. Enquiries have shown that a large number of landless families have not been included in the enumeration of affected families. Tenements in large numbers have lost their means of livelihood. Students are dropping out of colleges because their parents can no longer afford to pay for their education.

NAPM’s Demands: In view of this paltry Rs. 2500 per month as “pension” promised for the landless working classes, it is true that this sum will make them “beggars”. Thus NAPM is demanding that the land less working class families who are threatened and deprived of their livelihood are paid Rs. 15,000 per month for the next ten years, with an annual increment of 10%. Furthermore, every family unit of the landless affected by the new capital must be included for such compensation with the government taking adequate care so that no one is excluded from such benefits.

HAME PAANI DE!! NAPM Protestors from Ambujwadi Slum gathered in a massive rally to demand the existing right to access to water again

basic amenities of life. The community is still living there without roads, water, enough toilets, and school. More than 50,000 people here are facing all these challenges everyday and finally decided to take recourse to direct action and marched to the ward office.

December 2, 2015 | Ambujwadi, Mumbai | Ghar Banao Ghar Bachao Andolan People of Ambujwadi, a slum in Malad, marched to P North BMC ward office with the strong conviction to get the water rights for their community as even after more than two decades, the BMC has not laid down the water lines whereas at the same time has provided services to the corporate and rich of the city on time. Since more than two decades, the people have been denied the

Till late evening, nobody from the ward office came to hear their demands. The protestors sat down outside the office and refused to move away if their demands left unheard. Later in the evening only, Sangita Hasnale, Ward Officer came and met the protestors. She was unaware of the problems which the community is facing since long 45

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time and promised them that she will visit the slum and will enquire about the situation, meeting with community representatives of their movement.

The denial of basic amenities like water, due to non implementation must be treated as the blatant violation of fundamental rights under article 21 of the Indian Constitution and, section 5 of the Maharashtra Slum Act, 1971, which have given right to slums, the right to get water and also ignorance to the order of Bombay High Court, which ensured water right to each slum in existence.

Since more than two decades, the slum has not received any basic amenities of life till today except for the electricity. It was also only through a united struggle by the Ghar Bachao Ghar Banao Andolan that this slum got electric substation last year from TATA Power and now each house has a electricity connection. But these slum dwellers in Ambujwadi still live in a community which doesnâ&#x20AC;&#x2122;t have roads, water, enough toilets, and school.

Against all these atrocities, the slum dwellers of Ambujwadi protested and gathered in a massive rally from the slum to P (North) Ward in Liberty Garden, Malad, Mumbai.

Maharasthra: The Irrigation Scam Continues Nagpur: A senior lawyer associated with a Public Interest Litigation (PIL) related to Maharashtraâ&#x20AC;&#x2122;s irrigation scam was found dead under mysterious circumstances on November 29th, 2015. The body of senior counsel, Shrikant Khandalkar was missing since November 28th, 2015 and was later found behind the building of the district and sessions court at the Nyay Mandir premises. The Movement of India

The police have been searching for the senior advocate since a missing complaint was lodged on 28th November at the Sitabuldi police station. Shrikant Khandalkar has filed many PILs including one on the irrigation scam and his family has sought a probe into his death by the Nagpur police.

Plight of Rehabilitated Oustees in Gujarat NBA In November 2015, a number of adivasis from the original Karda village, resettled at Amroli in NaswadiTaluka in the newly carved out Chotta Udaipur District. Women, children and the elderly went on a dharna and a fast, along with the livestock! The reason being that 23 families with more than 100 members were given notices to leave the vasahat (resettlement site) with no time stipulation.

Notices were issued to a few handful of families such as that of Natwar Sama, originally from Village Jher. This list includes even those families who were rightly declared the PAFs and there is no reason or justification to evict them. Moreover, their farms and houses in the original villages are either submerged or have been inaccessible over the years. Another list of 281 PAFs have now been obtained under the Right to Information Act, 2005, and from this list 1000 will be evicted shortly.

As the Sardar Sarovar villages were submerged, many of these families were brought here 2 decades ago and were permitted by the state to reside in and cultivate the lands. The same oustees are now being branded as “encroachers” and are being asked to quit.

Swords are hanging and people are furious not because such a large number of families are threatened of eviction, but also because a large number of them are left landless and jobless in the age group of 30- 45 years. The cut-off date for Gujarat was as early as 1987 and those who were not 18 years old at the time were included in the list of PAFs.

As the oustees were unrelenting, a few officers came on the spot, but there was no resolution. The oustees were told that they would be given a “solace period” of 90 days, during which they would not be evicted, but they would have to get orders from the GRA within this period. This is an unworkable approach since the GRA sends back cases to the state agency SSPA which takes 70 days! More than 60 women, children and elderly were taken into custody at 7:30 p.m. on November 8th, 2015 as they remained firm on their demand that they be given a written assurance of not being evicted.

Many resettlement and rehabilitation sites have no assured source of irrigation in the command areas and the rest are outside the command. There are PAFs who have received less land or land to be affected by the canals again and others have claims to benefits as PAFs, but their cases are pending before the Grievances Redressal Authorities (GRA). The GRAs are generally handling over the complaints to the SSPA, asking the oustees to wait for 70 days for providing redressal, after which the PAF has to once again approach the GRA, which is cumbersome for the poor, illiterate tribal oustees.

It may be noted that the Government of Gujarat has taken an unjust move to evict the Sardar Sarovar Project affected adivasi families from the resettlement sites where they were shifted from their original villages on the banks of the Narmada, 15-20 years ago. A list of more than 1000 oustees was prepared a few years ago, whose names the officials claimed were not found in the “computerized lists” and hence they should be “sent back” to the original villages.

The anger and anguish of Gujarat’s PAF is being reflected in a series of incidents and there have been many in the past few days when a large number of oustees literally rose in a large gathering and questioned the claims of the Shri. Saurabh Patel, Minister 47

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of Power and Shri. Vijay Rupani, Minister for Transport that rehabilitation in Gujarat is “complete” and “nothing remains”. They refused to listen to the “bhashans” of the Ministers and insisted that they be heard on

their everyday problems. The anger was so evident that the Ministers had to go back , leaving the programme mid-way. This turns to the bigger question: Is the State listening to its own people?

Supreme Court Dismisses Govt. of MP’s Application Denying Right to Land to Thousands of Adult Sons of Sardar Sarovar Oustees Right to land of every adult son as per 2000 & 2005 judgement remains intact

right to equality. Terming this “not to be good governance”, the Court summarily dismissed the Application.

NBA welcomes Order: SC Order establishes that large scale pending R&R

Arguing for the oustees, Adv. Sanjay Parikh stated that besides being un-maintainable, the Application is based on a gross misinterpretation of the 2011 judgement of the Apex Court, in the Omkareshwar Dam case, which is not applicable to the Sardar Sarovar oustees. He said that as per the Narmada Tribunal Award and the 2005, 2005 judgements, all adult sons are undisputably entitled to 5 acres of cultivable and irrigable land. He also informed the Court that the NCA, R&R Sub-Group and the GRA, all 3 authorities concerned with the SSP oustees have already taken decisions / issues orders to the effect that the Omkareshwar judgement if not applicable on SSP and the SSP adult sons are entitled to land allotment separately.

New Delhi: In a significant Order, the Social Justice Bench of the Supreme Court comprising Jst. Madan Lokur and Jst. Uday Umesh Lalit today dismissed an Application filed by the Government of Madhya Pradesh (GoMP) / Narmada Valley Development Authority (NVDA) seeking a ‘modification / clarification’ of the Apex Court’s previous judgements of 2000 and 2005, thereby denying right to land of a few thousand adult sons of the Sardar Sarovar Project (SSP) affected farmers. The Hon’ble Court held among other things that the Application by State of MP suffers from gross delay / laches having being filed many years after the judgements were issued (upholding the right to land of the SSP adult sons) and the rights / entitlements already accrued to the oustees in principle cannot be taken away. The Bench also had to take note of the fact that while the entitlement of most of the adult sons have already been recognized many many years ago, one set of oustees have been offered land / Special Rehabilitation Package (5.5. lakhs for 5 acres) since the judgement of 15/3/2005 of the Apex Court and another set of oustees are being denied the same; this would result in a clear violation of Article 14 of the Constitution which guarantees a fundamental The Movement of India

NBA and all the SSP oustees welcome the Order of the Hon’ble Court which is not just an affirmation of the judgements of 2000 and 2005 of the Court, but also is a vindication of the rights and struggle of thousands of adivasis and other farmers, who have been waiting for land-based rehabilitation since many years and many of their families have also faced unlawful submergence in the previous years. The effect of the order is that all the adult sons of the Sardar Sarovar Oustees would be entitled to and have to be allotted 5 acres of 48

cultivable land separately. This includes hundreds of farmers who have been entangled in the fake registries scam (almost 2000 + oustees to be finalized by the Jst. Jha Commission), 1,500 oustees who been received only one instalment of cash but could not purchase land and hundreds of those who have been given uncultivable land out of the land bank. About 500 applications pending before the GRA (M.P.) can also

now be immediately decided in the favour of the adult sons on the basis of the order. The Respondents in this case were represented by Adv. Sanjay Parikh, assisted by Adv. Clifton Rozario and Adv. Ninni Susan and Medha Patkar, who is a petitionerin-person in the connected matters. GoMP was represented by ASG Adv. Patwalia and the NCA by ASG Tushar Mehta.

Students Revolt in the Capital to Keep Exclusionary Policies Out of Education NAPM The decision to scrap the non-NET fellowships which is the only lifeline for many researchers is another blow in education from the University Grants Commission (UGC) and other government agencies. The committee which was constituted to examine whether the hike in non-NET fellowships are required, held a UGC meeting that decided to scrap these fellowships, thus pushing the future of many students into the dark.

from various streams and expertise. There are different stipends for technical researchers who have graduated from professional courses and pure scientific courses. This is in contrast to those humanities and social science researchers who receive different stipends. The decision to scrap the Non-NET fellowship on the basis of the report of a committee was formed to examine the required hike in NonNET fellowships provided to M.Phil and PhD students of central and state universities was also one of the earlier decisions.

The #OCCUPYUGC movement was thus started against the decision with huge support from student communities nationwide. The UGC considered reviewing the decision and continuing the Non-NET fellowship in its previous format in the next meeting to be held in December 2015. This however, doesnâ&#x20AC;&#x2122;t make certain its continuation in the old format and a hike. While saving the Non-NET fellowship, the voices for a hike in the same are at sea. It appears as though the UGC strategically planned this to strike out the questions and raised voices for a hike in the Non-NET fellowship, where NET fellowship, CSIR, MHRD and other government funding agencies provided hikes earlier in the year.

The hike of 55% of CSIR and 40% by MHRD were one of the examples of inequality delivered by the government in scientific researchers. This is in parallel to social science researchers expecting a hike in their stipends which has not been simultaneously made. While examining their contributions to development and the socioeconomic importance, both types of researchers are crucial and one cannot be compared to the other or justified accordingly and this converted into different scale of stipends. In the modern era, the Indian education system needs to push and promote research in all streams.

The government funding agencies maintained inequality among researchers

Earlier this year, the UGC stopped funding 8 deemed varsities, including the Tata Institute 49

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of Social Sciences (TISS). Most of these universities were faced with a financial crisis as the UGC and the HRD ministry were unsure about deciding if the state should continue funding them, while working on a new framework for government policy towards funding deemed universities in the country. This has choked the universities for more than 2-3 months after which they released funds, until they have new policies.

is the people’s power and democracy that students and universities are fighting the battle for the greater good and inclusive development. However, when the government is not hesitant to confront the protests face to face with the use of police forces against their own citizens and the sale of education to the WTO and other foreign exclusionary forces- it seems that the protests and voices will turn into battles in a more revolutionary way for democracy and constitutional rights.

In response to such measures, TISS Director- S. Parasuraman said in an interview, “TISS has sent a representation to both the UGC and HRD ministry and it is now up to the government to take a decision. We urgently need the money- some Rs. 65-70 crores come to us in grants from the UGC. We are a fully public-funded institution and our existence depends on this funding. While funds for 2014-15 were released to us last year, now we are facing a nightmare. Salaries, pensions, maintenance of hostels, water and electricity bills are all dependent on this funding.”

The #OccupyUGC movement started on October 23rd, 2015 and is continuing since with various attempts by the government through brutal crackdown by police forces. The crackdown has left many students seriously injured and human rights violated as women protestors were slapped on the face, beaten up, and dragged by male police forces in front of the UGC building and also in the bus while they were being taken to detention. The situation is drastically changing as government agencies are being used in more aggressive ways to legitimate demands.

The manner in which varsities are facing problems in imparting education and the way by which students in research and development are at bay is alarming for a nation that claims to be the fastest growing economy in the world. This is while introducing highly exclusionary and unjust provisions based on unexplained reasons. It

The Movement of India

The situation now turns to “us”- the people, to decide what is right or wrong? Don’t we need to safeguard the right to express, the right to education, the right to a healthy life and many more constitutional rights?

Upcoming Events: December 15th, 2015: Chetavani Rally of Forest Rights Day at Sansad Marg- New Delhi January 10th. 2016: National Meeting of Samajwadi Samagam- Chindwada January 11th & 12th. 2016: Participation in Smriti Sammelan and 274th Kisan Mahapanchayat Multai in memory of 24 slain farmers- Multai January 12th- 19th. 2016: Jan Adhikar Sampark Yatra proposed through Itarsi, Katni, Jabalpur, Sidhi, Singrauli, Rewa, Chattatarpur, Morena, Gwalior, Dhar, Badwani and Indore- M.P. Yatra January 26th, 2016: Two day State-level programs across the country demanding land rights and land audit February 04th - 07, 2016: â&#x20AC;&#x153;Bal Melaâ&#x20AC;? of Jeevanshalas in the Aadivasi Hilly Areas of Narmada Vally Madhya Pradesh. February 24th, 2016: Massive show of strength for land rights and land reform programmes marking one year of Bhoomi Adhikar Andolan- New Delhi

October-December-2015

An Ode to “Ramaswamy Iyer” A Legend in the Hydrology Ecology Sector New Delhi, September 10, 2015: NAPM, Narmada Bachao Andolan (NBA) and various associated movements, organizations and concerned citizens are deeply pained at the demise of Ramaswamy Iyer-ji, whose decades of engagement with issues of water management, environmental and pro-people development across the country remain as an unforgettable source of light and strength to all of us.

key official in the Water Ministry, way back in 1993, he patiently sat through the proceedings of the 5-Member Review Committee and worked as the Committee’s backbone, painstakingly trying to understand and later convince himself and other members of the costs and benefits of the Sardar Sarovar Project (SSP). The Report of the 5-Member Group is nothing short of a classic.

As one of the few bureaucrats in the Water Resources Ministry, who not only handled but contributed significantly as a Secretary, his clear vision on numerous issues be it on the costs – benefits of large scale irrigation projects, the implications of river-linking, the environmental impacts of large projects etc., with a clear scientific as well as rightsbased approach were valuable contributions.

We can never forget how Iyerji stayed for the entire 3-days in the Narmada valley with his family, during the mega events marking the 25 years of the struggle, interacting and expressing solidarity with the tribal’s and farmers in the hills and plains. As a petitioner before the Supreme Court in the Narmada petition, filed along with other eminent citizens such as Prof. Upendra Baxi, Aruna Roy, Harsh Mander, BD Sharma, etc, he questioned the unconstitutionally of displacement by offer of meagre cash compensation to the Sardar Sarovar oustees.

His remarkable openness to engage with the issues raised from the ground, his profound understanding of water woes across the spectrum of legal, social and political dynamics, his significant role in the process of evolution of international treaties on water law, his pertinent analysis, hard-hitting questions in a soft-spoken manner, were few of the many strengths of Ramawamy-ji.

Equally respected both by the State, civil society and people’s movements, a man of such erudition and with an unflinching commitment towards people’s causes is rare in today’s times. In this moment of incalculable loss to the entire progressive community in India and elsewhere, we stand in solidarity with all his near and dear ones. Today, we need more and many more people like Ramaswamyji to battle the lies in the name of development. We miss you Ramaswamyji, but vow to keep up the struggle for our rivers, natural resources and people dependent on it.

His unique strength also lay in the fact that he never came across as “anti-establishment”, although he challenged the establishment at every stage, with his convincing analysis and feisty factual knowledge. Until his last breath, he has been writing articles, books and reviews- a treasure for one and all. At NBA, he is still remembered how, as a

The Movement of India