The Crisis of Zari Zardosi work in Uttar-Pradesh

Shabanam’s struggle for dignity and honor By Vidya Bhushan Rawat She is about 28 year old living in a very dilapidated structure of Muraintola near Lala Bazar, in the nondescript district Fatehpur of Uttar-Pradesh, about 150 kilometer from Allahabad and nearly 70 kilometer from Kanpur town. Once a constituency of former prime minister V.P.Singh, Fatehpur is a rural district lacking basic developmental facilities with a fairly large number of backward community people living along with Dalits and Muslims. Shabanam has graduated in Urdu language from a local women’s college. Two of her elder sisters got married many years back but now the burden of her family rest on her. She lost her father Babu Ali Khan when she was just studying in the IIIrd standard. None in her family was literate but she wanted to study. As the financial condition of her family was worst, a thought to get admission in the school was nearly impossible without a strong support. She had three brothers who were elder to her, too worked at the local shops and her mother worked as domestic labour. Somehow she completed her VIIIth and the family people asked her to stop then lacking financial resources. Fact is that more than the financial resources it is the labour resources that they want from their children. The family was in to Beedi making and also doing the zari-zardosi work which was actually not able to sustain the family as the payments were low and exploitation high. It is an organised crime against these unorganised people, a regular perpetuation of criminality mixed in class, gender and religious bias. One of her sisters actually understood her ambition to study further and promised that she would support her in studies. That helped Shabnam in completing her 10th standard. Unfortunately, her sister who supported her died leaving her future to further uncertainties. Yet, she decided that whatever happens she would study further. She understood well that for that she needed economic independence. She started making Beedis in the night and used to go college in the morning which helped her completing her graduation. Her three brothers were illiterate and did not show any interest in education. Two of them were into tailoring work while the third one was a carpenter. All of them got married somehow and were living with their families. In fact, running the family was solely the duty of Shabnam. In a sad turn of event, her younger brother died leaving his wife and child to be fetched by Shabnam. When we see the home they live in, it shows their desperation. In the absence of the state’s duty, most of the Muslims masses are destined to feed themselves in such a way as Shabnam is doing. They have no idea that they have certain rights too envisaged in the constitution and that the government need to honour them. It is tragic that the community is living in such a state that its political class has no time to look beyond its narrow and self cantered political agenda while those playing secular politics are just not able to look beyond their narrow political agenda. Shabnam’s trial did not end with the death of her brother. Nearly three months after her brother had died, her sister in law also passed away leaving her baby in her hands. One of her elder brother live with her family but his income is not enough to feed his three children. The macabre dance of deaths that Shabnam witnessed in her family can’t be just coincident but the brutal fact of prevailing health conditions among the artisans working in beedi and zardosi work. They suffer silently and before they could realise that some disease has caught them, it is too late. These young deaths are brutal reminder of complete failure of state, civil society and our governance system to look beyond the traditional work of ‘development’. Developmental agenda of our country has still remained biased towards Muslims and fail to provide them any alternatives and support despite their efforts to continue with age old traditions and occupations particularly in terms of arts and music which clearly is our national heritage. At the moment, Shabnam is actually the guardian of her mother, her elder sister who is not married and the 10 years old son of her brother. The family lives in a desperate situation. The rooms are dark with virtual no air or light. Looking like shell of an old jail, you can find here the aging and isolated Muslim population living in disgusting conditions, of course with smiling faces. Dr Salim, an old man in his seventies who claims to be a ‘doctor’ owns this dilapidated structure with about five tenants each paying nearly Rs 500/- as rent. One can understand what could be the living conditions of these houses in such an amount. The ‘doctor’ himself needs a doctor as age has caught him and his condition look grim and pathetic. The rent, perhaps, is the only source of his survival as one does not know whether he still ‘practices’ or not. Shabnam lives in one of these rooms with her family. The dirty lanes that leads to her home in Murain Tola, Fatehpur, openly speak about the seriousness of the local authorities related to Muslim community particularly those who are living in depressing conditions. Most of the occupants, here live in dark single rooms and mostly engaged in the handicraft work. At the rooftop, Shabnam introduce me to another zardosi worker Naseema Khatoon, who has started her morning work. It is just 9 am and yet most of the people had started working on their ‘projects’. Naseema has three children and her husband is a tailor master. I asked her about her life, her earnings, her fears and future which she feels remain uncertain at the moment. And according to her, ‘It is painful living with no security of life and family as each one suffer as running a home in these time of inflation is nearly impossible’. She does the Zardosi work and could earn Rs 20-25 per day. A deep sense of insecurity and uncertainty looms large over her face as she does not want to speak saying what is the outcome of speaking to you? People come and report but our plight remain the same, says, Naseema. With no fixed income and no social security such as a BPL card which could enable them to procure the essential commodities in fair prices, life is harder. One does not really know why the ‘pro poor’ programmes have not reached the Muslims. Shabnam says that so many houses were constructed in the name of poor like Kanshiram Shahari Avaas Yojna, Indira Awas Yojna, Balmiki Ambedkar Avas Yojana and nowhere did even a single person from her community got a house. Isn’t it a bias in our governance structure and its so-called anti-poverty programmes that have left the poor Muslim in the belief that she does not have right? As Shabnam takes me to another house of another family engaged in this work which does not fulfil their minimum daily needs, the same question comes in my mind as why despite hard work these families are most marginalised. Meena is on the work at the compound of her home in the early hours. Despite working all through the day, the four sisters still find it very difficult to get going. They have no support from any quarters for their survival. No ration card and no job security. ‘ We lost our father several years back. He was a scooter mechanic and my younger sister now looks after his work’, said a Meena who remains illiterate and yet has a zeal to study. They are five sisters in all in which one is married. At this small kuchcha home, these four sisters live together and earn their living. Meena’s elder sister Asma is looking after her father’s work in the mechanic shop and repair cycle and scooters. Actually, this family is related to Shabnam and like her these girls are taking care of their own families with all what they could do. I have the same question about their studies and most of them actually suggest that they want to study but circumstances have forced them to be in this work. ‘Don’t you think this art will die, if you people also leave this work in the absent of fair compensation?’, I ask. ‘You see the problem is not the work but our financial capacity. Most of the work is actually not coming directly to these artisans. The middlemen in Kanpur and Delhi actually procure orders from the businessmen and then give it to us on a very low rate, says Shabnam. In the market, the stuff created by these artisans is appreciated and have large buyers but behind these beautiful creations are some bitter truth of negligence, exploitation and painful living conditions. Most of the people engaged in this work suffer from eye sight problems, migraine etc. Since this work does not fetch enough money to run even a single person’s life, young woman like Shabanam take to other work of Beedi making which add to their miseries further. As an instant rehabilitation, it might help them earn some money but make them vulnerable to other diseases like tuberculosis and skin diseases. The women chose beedi making due to various social stigmas attach to her particularly when she venture out. In such a society, it would be difficult for a working woman to survive if any day her name is attached to someone. Most of the time, women do not feel safe in going out and as they are illiterate hence it would not be possible for them to get even a safe job except domestic worker which too is very limited in the town. Asma, elder sister of Meena runs a scooter and cycles repair shop in the market. As I go along with Shabnam to speak to her, she does not feel comfortable in speaking to me. She earn about Rs 3000 per month which goes in running her house. ‘Many reporters came here and written about me and appreciated of my work but I am not comfortable doing this work’, she says and adds that ‘ It is not a worthwhile work for woman like me as people gaze at me and speak about me when I lie down to repair the scooter or fix the puncture. I am not doing this work at my own’. ‘ If I get an opportunity and some funds, I will leave this work and venture into cosmetic shop which is more ‘respectable’, she says. This shows the concerns, pain and fears of Muslim women who do something different yet feel deeply disturbed with the turn of events. To run her living shabnam does zari-zardosi work and in the night from 9 pm till 1.30 she makes beedis so that she could earn some extra bucks to run her family. She works with a local nongovernmental organisation too but all this could not provide her a stable Rs 3,000 per month to run the family. It is tragic that such a hard working woman with great ideas has to suffer. The tension looks in her eyes. She is frustrated as nothing seems to be working at the moment. The art that we appreciate so much does not fetch her anything. Today, there are one thousand such zardosi workers in Fatehpur town and most of them living in deeply difficult situation. Life is virtual hell for them as they seem to have no way forward. They are destined to live in such inhuman condition. For the beautiful art work that they do on the salwar-kameez which might be appreciated at Delhi market as superb, these people get a meagre amount. They are able to complete the work in 4 days on a Kurta and that too not alone as other also support them but the returns are very low. It is rather unfortunate and exploitative that for this much of work a girl earns nearly Rs 40-60 per piece which is completed in four days. In a month period, most of them do not even earn Rs 400-500/-. The men have better chances as they are paid more but still their earning too is less than Rs 3,000 /- a month if everything goes fine and the work is regular. Last year, I was informed, that a majority of them suffered under the Chinese invasion. Most of the new work was coming from China virtually making these artisans workless but today the situation seems to change as the customers have realised that the hand work is much better in quality than the mechanical one. And therefore, this year there was more work though it too is seasonal. Shabanam want to unite the workers and start something for them. The frustration comes in hear heart and in her talks quite often. She is angry as nothing materialise here despite publication of articles and many people ‘photographing’ here. Newsmen come here and publish our stories in their newspapers but so far nothing has changed in their lives. The ‘developmental’ programmes have never reached pasmanda Muslims. They are virtually left out by the powerful leaders. None of these people have a BPL ration card even when most of them are living in abject poverty. Shabanam’s widowed mother has no pension, no other support. The family conditions forced Shabnam to apply for a job in the municipality but there too she was asked to pay Rs 70,000 as bribe for contract work which she was unable to pay. Shabanam moves around in Burqa but very confident of her own self as she is able to earn something but the anguish of having an elder sister who is not married yet and an old mother who does not get anything, reflects in her eyes. There is no fixed salary for her and earning even Rs 3,000 is a rare thing in today’s time. She mocks at the government schemes of pretending to provide support to people. ‘Where is the support’, she ask? We are not even asking government to pay us, all we want is a fair deal in creating these beautiful stuff. We all know that in the international market these things are sold at a very high price but we are unable to get anything. We suffer while making other joyous. While both men and women have faced tremendous pressure from the modern market here. She says, people appreciate art work and machine cannot really replace their art. But at the same point of time, people must pay for it. When I ask as why she has not been able to make a union of the people, she replies that now she is willing to work if people support the cause, she may take up. At the moment, she has her priorities to work for her family but definitely she does not want to sit silently and suffer. Most of the artisans cannot send their children to school as it is difficult to finish work on time and hence they engage their children too. There is no social security, health benefit and this art work actually affect their eye sight and beedi work makes them vulnerable to tuberculosis and breathing problems.They are always indebted and the contractors use it. Women are not able to go out and remain under tremendous social pressure. This work is seasonal and hence artisans remain workless for many months. The contractors do not pay on time and for many months. Their own money is treated as advance and used as a tool of exploitation. Shabanam’s eyes are asking various questions to me. But after hearing from many people she has this hope also that her voice and feeling will go to people who can think of saving this art. ‘Have you heard about Narega’, I ask. Yes, ‘ I know about it and they get Rs 100/- for their 8 hours work while we work to save this art and yet Rs 100 is a dream for us even in the three-four days. What an irony’, she says. I have refused to accept defeat even in the darkest hour of life as these circumstances are created by our society and apathy. Democracy does not mean anything to them as it failed to protect them. They do not even know whether they have rights to get a dignified return for their work. Those who fight in their names have failed to benefits as most of these war cry’s actually created leaders and do not really resolve the issues of the people. Travelling different parts of India and speaking to various path breakers such as Shabanam is always a refreshing experience that people are still hopeful and have that ability to live their life in happiness and whatever they possess. They are exploring new ways despite the marginalisation created by the system in the past so many years. They are hope of the country even in these hours of gloom that so-called liberalisation has brought in their lives. I have seen in the eyes of Shabanam the hope for future and the courage, which is essential in these moments of crisis. One is sincerely hoping that there will be people who will be able to support such initiatives which can bring cheers in the lives of these people, our own Zardosi workers, who makes our brides beautiful, our boys look handsome and have kept our art alive despite all their pains and troubles.

Initiative for Change in Fatehpur

Fatehpur's Balmikis fight for Life with dignity and honor By Vidya Bhushan Rawat Chanda is a happy woman today as she has more confidence in her ability as a human being which was degraded due to her work which she was forced to do by the caste forces. In the Lalauli village of feudal Muslims and other Hindu castes, she was engaged in picking up the human excreta for nothing. Two chapatis were the things which they got in lieu of their work. But that Chapatis for the most degrading work actually took away the freedom, liberty and dignity of Chanda. Yet, when the people like Dheeraj Balmiki entered in the area with an aim to pursuade people leaving this occupation they had to face a lot of resistance. Primarily, the people were upset as what would they do in the absence of an 'alternative' and secondly and most importantly on the retailation from local powerful community of Muslims which would feel threatened as who 'would clean' their toilets if these people leave the work. August 13th, 2010 , under the 'People's Alliance Against Untouchability' activist in different parts of Uttar-Pradesh, Bihar and Madhya Pradesh took out rallies and protest marches against mannual scavenging and called for its total abolition and complete rehabilitation of the people engaged in this work. Chanda was in the forefront of that protest despite the known fact what would happen to her if things do not materialise. Actually, the confidence of Chanda had grown after participating in a conference against untouchability in Nagpur where she was asked to speak. For the first time, she ventured out of district headquarter of Fatehpur and stayed at Nagaloka Buddhist Center in Nagpur. She realised that life was much bigger outside her confined 'work' area and those domesticated world where she was always treated as untouchable and with utter contempt. Nobody would talk to her pleasanly and with respect but here in the conference for the first time she felt that she too was a human being and could shake hands with people and eat along with them at the same dining table. And then when she spoke to me, the fire in her started, ' Sir, I am now ready to fight. Now, I am changed completely. I will not at all do this work again even if I remain hungry. Even if the entire people kill me, I am not going to do this indignified work', she empahsied. Many months later when I met her in Fatehpur, one of the greatest victory for us was when the entire village of Lalauli was forced to leave the manual scavenging. After our memerendum to officials and continuous campaigning the government officials went to the village and souught clarification. The biggest threat was coming from those people who had these latrines but the officials threatened them with dire consequences if they do not close down their toielts. People like Chanda were already advocating for the community to come out of this mindset that their ancestors did this work hence they had to follow it. Its simply blackmailing of our community, she said. Dalit Yuva Swabhiman Manch was leading the movement in the Balmiki community for voluntary rejection of manual scavenging from with in community. ofcourse, it was also part of the 'People's Alliance against Untouchability' and campaigning to collect about one lakh signature from the State of Uttar-Pradesh to submit it to the government to rehabilitate the women from this community who leave manual scavenging with five acres of agricultural land so that they can live theirilife with dignity. Today nearly 6 villages voluntarily left the work of manual scavenging in Fatehpur and our campaign is growing says, Dheeraj. The only thing people face is 'future' and 'alternative' and we have to think about it, he quipped. 'While we all know how government function in this country and that the community can not be dependent on government. We should campaign with government and put pressure on her but at the same point of time the community must also prepare itself to leave this dirty work at their own. What we were looking was a community initiative against manual scavenging and we feel happy that this has happened in many of the villages in Fatehpur where people have voluntarily left the manual scavenging', says Praksh Balmiki. About 12 kilometer from Fatehpur is village Damapur which has a population of 1,500 people. In the five families of Balmikis 8 women were engaged in the manual scavenging who were cleaning the toilets at nearly 115 families of Muslims, Thakurs and Brahmins. Two of the families had 1/2 bigha agricultural land to cultivate. The women are now engaged as agricultural labour apart from work at the NREGA. Unfortunately, there is another grim reality of village life where even the basic facilities meant for them are not made available to them. None of the family have BPL cards to procure ration from the PDS shop. Most of them have got NREGA job card yet the payment made for the work done take three weeks to one month. Ganga Deiya has four sons and three daughters. She left manual scavenging but has no pain though life is tougher for her. Her husband make bamboo work. In the absence of resources the children could not get education. Most of them feel that if the government provide them at least two acres of land then it would be able to create a sense of ownership and dignity among them. Some of them even felt that soft loans should be provided for buffelo rearing, goat rearing and pig rearing etc. However, they also felt that starting tea shop or grocerie shop in the village is not an option as none would buy product from them. In the village Badanpur, which is about 6 kilometer from Fatehpur town nearly 9 women volutnarily left the work. These women were engaged in manual scavenging and after the intervention of Dalit Yuva Garima Manch, felt it important to leave the work. Here too they have the crisis of livelihood and most of them want to get some training whether in sewing or tailoring or Zardosi work. They are also demanding five acres of land from the state government so that they can live their lives in dignity and with honor. It was a difficult work but not impossible to make people think that their dignity and self respect was more important than such non payable work which degrade them virtualy and make them 'slave' of the feudal caste Hindus and upper caste Muslims who too are in large number in some of these localities where manual scavenging takes place. According to Prakash Balmiki, its easier to complaint to municipality and then get an action but that is dangerous as it would only add to the woes of the community. The Manual Scavenging Abolition Act actually justify the victimisation of the victim and hence on many ocassions whenever we made a visit, we were careful not to send these informations to the authorities, the main action would be against the people engaged. In the past few months, many women who were doing and whose names appeared in the papers faced problems as their husbands who were working in the Nagar-Palikas as Safai Karmcharis were suspended. Such campaigns are not good in the people's interest says Dheeraj Balmiki. We can not be instrumental in targetting our own people even the Nagar-Palika. We have to understand why our women whose husbands or children work in the Nagar-Palika were still engaged in the work says Dheeraj. Most of the workers these days are being appointed on 'adhoc' and contract basis. They do not have any social security or leave benefit. Many time the salaries backlog is of over 6 months which kills them virtually. Moreover, the salaries are so low and if there is a leave then you do not get the amount too, that forces the females of the family to do the business. Dheeraj says that ' We need to be careful in such work. I have been using negative thing in my work to bring people to positivity, like leave this work otherwise we will complaint or such as giving example of what a great health and mind would be there with doing this 'work'. Some time you have to speak 'the exact opposite' for the people to understand otherwise they do not understand, says Dheeraj.The battle is bigger for the Balmiki community as Malti Balmiki who has been constantly participating in the awareness programmes. From her personal life where pressure at home to now going outside for studies, she face oppression virtually daily, yet her head is high. ' It is not that only upper caste inflict untouchability on us, we are isolated in our own communities and they practice untouchability with us who claimed to be Scheduled Castes and backward communities too'. Malti devotes her time to social action too and persuing her studies too even after the marriage where she is living in a very traditional family where going out of home for work is not considered good. It is a fact that the Balmiki community was kept out of many developmental programmes. There may be many reasons for that includng local caste politics. Most of them are not even in the developmental agenda of the organisations. When issue of land redistribution comes, organisations are conspicuously silent and Balmikis outside its perview may be becasue a majority of them living in the urban centers yet a look at the rural areas would show how difficult is the life of those who have not got a job with municipality. Actually, municipality is the 'lifeline' of the community. It has worked well but also kept them isolated from other movements of the Dalit communities and when politics comes it become easier for 'leaders' to take sides. Majority of them are landless and live in the desperate situation. Yet, the new youngs have refused to accept the defeat. In Fatehpur people like Babulal have started their own band. Dheeraj himself did not go to do the same work while Prakash Balmiki is still persuing higher education. A number of girls are now learning computers and sewing along with other girls of different communities including Muslims. Today, at attempt has been made in Fatehpur to provide them literature of great writers and liberators such as Baba Saheb Ambedkar, Jyoti Ba Phule, Periyar and many others like them to bring awareness and change in their lives. The change is coming. Fatehpur's youngs are now not sitting idol and they are preparing a new , world of their own. The community is now looking forward. It does not sit and wait for something happen. As I write this Dheeraj informs me about a possible blockade by the upper caste people as they have closed the main passage of the community which link to the road. Such road blockade by the caste Hindus are open and blantant violation of human rights of the Dalits. The fact is they not only block the road but filed FIR against the people opposing it. In fact UP government will have to introduce such stringent laws that where ever the Dalits and other marginalised communities are not allowed passage by the caste Hindus or Muslims or OBC people, actions must be taken against them as they are blatant violation of human rights. In the village Vinobapuri, with the efforts of community mobilsation ( and here we have Kanjar community people), a link road is being developed and primary school also will soon be there in the locality. Ofcourse, just four kilometer from district headquarter and with in the local municiple area this does not have electricity at the moment. One can understand what could be the future of the people. As, I move a few yards from the village towards the main road, I find a locality which is called as 'Balmiki-Ambedkar Aawas Yojna' but most of the villagers say it is Duda colony. I decide to get down and want to have a look to only find to my utter dismay that there is not a single Balmiki family who have got a house here. There are a few of them who are from Chamar community but most others hail from relatively better background. Its tragic that such colonies too which are being built in the name of Balmiki-Ambedkar Awas does not have a space for people from the community. There is a dire need to stop this victimisation and isolation of communities. A large number of houses in such colonies are empty and most of those living there claims that 'powerful' people come here and 'enjoy' in the night. This has made the women feel threatned and unsafe in the entire area. Its tragic that when I leave this place, I found two old women ( mother and daughter) from Ravidasi community who wanted us to request the government provide them house. Living in pethatic conditions, now many of the families have got notices from the authorities to depoist the money which they have not. Actually, the Dalals i.e. middlemen with local political linkages take money from the people and promise them heaven. Most of the people who have got into these places felt that the government has gifted them these houses for a token amount of money but now they are realising that they are in a trap when huge bills piles up for them. In Lalauli and Dasauli village, the local Muslims were the culprits of forcing people into the scavenging work. It was painful when I saw even young girls of 7-8 years age in manual scavenging. Now both the villages have lef manual scavenging work. Ofcourse, we have to hard think what alternative could we provide to the people as well as how can we take our children further. That is a big challenge but as Maina who came into this work at a very young age of 8 years, is now liberaated and ready to fly. Though she does not know what to do as her parents did not have time to send her to school, even at this age of 17 years, she has dreams of future. Much of our battle is 'internal' says Malti, we can fight with outsiders, we know how to tackle but who will tell our parents and in laws to allow their girls to go to school, do work, learn professional courses. ' Our community is not that weak financially, as others might be, but still they do not want us to go out. At the young age of 15, the social pressure is so much that we have to get married. Malti has decided that she will work and work for the community. She put Baba Saheb Ambedkar and Buddha's photograph in her home despite reluctance of her in laws who worship the 'Hindu Gods'. Chanda is raring to go to fight against injustice. Dheeraj is already fighting for the community and now initiaed 'Prerna Kendra' for community girls and boys in Fatehpur along with Babu Prasad and Prakash to bring community boys and girls into the world of computers and literature of the Dalit movent. Dheeraj rightfully says that It is time for the community youth to come and join hand with other like minded people and combinely fight for their rights, dingity and freedom as well as be part of the revolution initiated by Baba Saheb Ambedkar.

Swami Achhutananda and his Adi-dharma movement

SWAMI ACHHUTANAND HARIHAR (1869--1933): A VOICE AGAINST SOCIAL EXCLUSION, ECONOMIC AND POLITICAL MARGINALIZATION By Dr. Mahendra Pratap Rana INTRODUCTION: The emergence of untouchable consciousness and political voice spread across the country during the last quarter of the 19th century is a phenomenon that has received a very little attention by non-Dalits and Dalit scholars. Swami Achhutanand Harihar (original name Hirala) was born on 6th May, 1869 in District-Mainpuri in Uttar Pradesh State. He was well worse in eight languages such as Hindi, Sanskrit, Pharsi, Marathi, Bangla, Gurumukhi, Urdu and English. Hiralal worked for Arya Samaj from 1905 to 1917 was honoured with the title of “Pandit Hariharanand” and made chief of Madhya Pradesh, Gujarat and Rajasthan unit. Witnessing the existing untouchability practiced by Arya Samaj, he not only resigned but also returned the title of Pandit Hariharanand to Arya Samaj and adopted a title of “Swami Achchutanand Harihar” as a mark of identity of the untouchables. He formed “Bharatiya Achhut Mahasabha” to address social, political and economic issues of untouchables and edited a monthly magazine ‘Achhut’ from Delhi in November, 1917 to awaken his people at village level. The untouchables can achieve everything if they are educated and Hindus have already closed the door of education for them. Therefore, untouchables should open schools. They should not leave their children uneducated if they want to live a human life. Adi-Dharma: An alternative to Hindu religion Swami Achchutanand Harihar was convinced that the Untouchables continue to suffer social, political and economic subjugation as long as they are Hindu. Therefore, he launched Adi-Dharma (a religion for original race of Bharat-Native Indians) an alternative religion for untouchables to uplift them socially, culturally, religiously and economically. He challenged every customs and laws which placed untouchables as lower castes in the society. Instead of worshiping Hindu gods, they should dedicate themselves to Bhakti (prayer) or devotion as alternative religious rites which had been practiced prior to the advent of the Aryans. The untouchables believe in a philosophy or dharma which they understand is Vyavaharik, Tarksangat or scientifically logical. Achhutanand Harihar focus on Truth and scientific philosophy seems he preaches the philosophy propounded by Gautam Buddha. Instead of throwing dead animals, carrying night soil and digging Hindu’s graveyards, they should adopt other means to come out from poverty and hunger. The untouchables and Shudra castes have to burry their differences if they want to rule the country. You have to demolish the exploitative structure and it will be possible only when you become a ruling race. Prince of Wales: 17 Points demands presented by Swami Achhutanand Harihar Achhutanand saw British rule, with the possibility of political representation and a source of salvation for the untouchables. Prince of Wales was on official visit to India in 1922. Swamiji utilized the opportunity and organized a conference” at Purana Quila (Old Fort) where more then ten thousands untouchables and Shudras attended. Prince of Wales was the Chief Guest in the conference. While welcoming the chief guest, Swami Achhutanand presented 17 point demands before Prince of Wales. Those demands were such as: 1. The Untouchable communities will progress with education only, therefore, it is most urgent that schools to be opened for them. 2. Law should be enacted and implemented in true spirit to eradicate Untouchability. 3. Separate Electorate granted political representation untouchables to be introduced and ensure their representation in proportion to their population. 4. Legal provisions to be made to ensure representation of untouchable communities/ native Indian communities in local bodies such as Municipal Corporations, District Boards, Town areas and Notified areas. 5. Educated Untouchables be appointed on Gazetted posts. 6. It should be made an official policy to promote native Indian communities to start their own trade and business. In addition, they must be given financial support from government to start that business. 7. Begar Pratha should be abolished. 8. The social, political and economic rights in terms of progress of Untouchable communities should not be left any more on Hindus and British Government should take extra care to protect their rights. 9. Representation to be given to them in proportion to their population in every Government and private controlled businesses. 10. The Untouchable communities are extremely poor and can not afford the cost of education; therefore, scholarship must be given to every child. 11. Separate school to be opened in villages where Untouchable communities live in majority. 12. The untouchable castes were not recruited to the subordinate ranks of the police force because of lack of awareness as well as social restrictions. Swami Achchutanand Harihar demanded that they must be recruited in police and armed forces. 13. There is need to enhance in wages. 14. The Chaukidar in the villages shall be appointed from the untouchable castes. 15. The untouchable communities should be given the Government lands belong to the Gram Sabhas. 16. The untouchable communities should be given representation in State Assemblies. 17. Women belong to the Brahmins and Kshatriyas have been exploited by their males only, therefore, provisions be made to ensure basic rights to them. Simon Commission: An alternative plans for socio-economic development of untouchables: Swami Acchutanand Harihar presented the “socio-economic conditions and alternative plans for the liberation of untouchables” before Simon Commission. He convinced the members that Congress and its leaders as Pandit Jawaharlal Nehru and Gandhi are representing Hindus; they can’t be representative of untouchables at national as well as international forums. Letters to the organisors of Round Table Conference, London to invite leaders of Untouchable Community: Acchutanand Harihar and his supporters sent several letters and Telegraphs to the organisors of Round Table Conference in London to extend official invitation to the untouchable leaders separately. He stated in one of his letter stated that untouchables have no faith in the leadership of Gandhi and Congress led movement in India and abroad as far as the issues of untouchables are concerned. It was a matter of a great satisfaction for him when he got a message that Dr. Ambedkar was officially invited for the Round Table Conference. Before living for Round Table Conference in 1930, Dr. Ambedkar met and discussed all those issues related to untouchables were raised in the conference. Separate Electorate, Gandhi’s Fast unto Death: A reply to Gandhi by Swami Acchutanand Harihar The British Premier granted separate seats in the Provincial Legislatures, and the right of double vote to the Untouchables under which they were to elect their own representatives under Communal Award on 20 August 1932. Gandhi sat on fast unto death 20 September, 1932 against the grant of separate electorate to the Untouchables Swami Acchutanand Harihar organized protest rallies in Prayag, Etawah, Lucknow and Kanpur against the fast of Gandhi. Addressing the rally as a chief guest Harihar said that “Gandhi’s fast unto death is a mischievous act against untouchables being granted political rights. We can not accept joint electorate at any cost. If Hindus consider untouchables their brother then why not they give some seats in Vidhan Sabhas and local wards. Joint electorate is a death nail for untouchables and we will go to any extent to ensure that separate electorate is to be given to them. Email : paus_india@hotmail.com> --

Stop agricultural land grabbing for corporate Greed

Raigad’s victory is Inspiring and a warning to greedy corporate By Vidya Bhushan Rawat With the Maharastra government denotifying the land acquired for Raigad SEZ of Mukesh Ambani led group Reliance Industries come an end to a historic protest movement of Raigad farmers who had deep faith in the democratic structure of the country despite its all weaknesses. They not only defied all the acquisition process which were constitutionally illegal but also organized a massive referendum against it which was not accepted by the government. A majority of farmers had actually rejected government’s offer to do away with their land. The land acquisition procedure for the proposed SEZ project, spread over 35,000 acres in Raigad was started in May 2006. But, the company managed to acquire only 13 per cent of the land within the stipulated period, as it faced strong opposition from farmers. In fact most of the farmers protested against forcible land acquisition and even organized a local referendum against the said acquisition and voted against the entire process. But the Maharastra government was determined to deliver it to Reliance unless the company could not acquire the other land in stipulated period of time in December 2009. It was the people’s movement that were continuously opposing the acquisition process and who went to the Supreme Court against the failure of the company to comply with the law related to SEZ. The question was why it wanted to acquire such a massive land but for the government officials that did not matter as they were overwhelmed by Reliance company. Even when The Raigad victory comes at a time when the country witnessed many things including the unabated violence in Chhatishgarh. While for the government it is easy to say that people must have faith in the government and its courts yet for the victims it’s very difficult to wait for years to get justice. We have witnessed many cases when the victims do not get justice for years and the government, the industries and the powerful have enough patience to wait as they have nothing to lose. India’s SEZ’s are nothing but new colonization process of our farmers, Adivasis and Dalits which are out of their purview and meant for export product. The land being acquired for these SEZs is enormously high quality agricultural land. Also, most of this land has rarely been used as the ration between the land acquired and its usage is very vast. The real face of this land grab is actually the vast housing market in India in the coming days. We all know once these conclaves come into picture; the industries will shift their focus on real estate. The second tenure of UPA have seen rabid rise in the land acquisition process throughout the country with scantiest regard for public norms and sentiments of the farmers. The government virtually became real estate agent and big companies enjoyed the curtsy. The result was growing unrest against the illegal land grabbing all over the country. The political parties failed to pick up the issue and were very opportunistic in their approach. Trinamool Congress opposed the process in West Bengal while kept quite on things happening in other parts. Similarly, CPM and other left parties could not mobilize people against this corporate greed as their own West Bengal experience was the most horrendous one. It is important to ask the question as why the corporate want land in thousands of acre. The same government which refuses to redistribute land to the landless people is readily agreeing it handover to the big corporations. They are coming with new ides to lure farmers. In various meeting when the farmers raised the issue of land prices, the builders, and business houses only complained that the prices rose when they start building a project. The issue is not that the land prices shot up after somebody started building up an SEZ. The insensitivity with which our officials deal the issue is shameful and reflects why it is happening. If in the government offices, we have least representation of Dalits, Backwards, Adivasis, how can we think of justice being done to them. Similar things needed in judiciary. As the upper caste bias is clearly reflected in the activities of the state and judgments of the courts. Of course, there is some oasis of fresh air which comes these days and we must celebrate that. Raigarh’s victory is a great motivator for all of us. Maharastra government has not withdrawn just because Supreme Court gave an order. I know many of the Supreme Court order have never been implemented. The political parties and their establishment address to the issue only when people are united. The government listens to the voices when people are united against their oppression. Raigad’s whole acquisition was illegal though unfortunately Supreme Court could not stop it but it stopped because of the company itself was unable to fulfill the mandate. Thankfully, the Supreme Court did not come under any emotional pressure of the company as they have the best lawyers at their disposal, and stuck to their stand that government must acquire the land. It is clear that the way which our political establishment went over handing over prime time land to corporate is perhaps independent India’s biggest scams. The farmers are a big power in India and no government can come to power by antagonizing them. SEZs clearly violated the policy of the government which says agricultural land will not be given for the non agricultural purposes. The industries grabbed these lands for throw away prices in close connivance with government officials who had the blessing of their political masters. I can say with full conviction that an audit of the land grab in India during past 20 years would prove that land acquisition will be the biggest scams in the history of independent India. Chief Ministers have collected huge money for their party in the name of ‘development’. Such acquisitions must be scrutinized and CAG must audit all the process. When the people are losing hope in our judicial process and our farmers are our deep stress, its time to think over the entire process which is simply called corporate land grabbing. At a time when our agricultural production is under serious threat, when corporate greed is ready to demolish and annihilate our agriculture and our farmers, this judgment is definitely going to help the people. This also proves that the people who are leading the movement must concentrate on their region, make linkages with national and international movements yet must do everything to reach to a logical conclusion. I know it is a difficult task. Temptation of visibility in the media and elsewhere some time actually put the activist somewhere else at the cost of the people. They forget the issue and take people for granted. Some time the activists become bigger than people or developed that notion and develop a larger than life image about them. They become obsessed with their mirror image and take a rigid position. Many of them start thinking that they would rest only when the entire system is changed and hence do not want to negotiate on anything. For the common men who lose their land, the major issue is not ideology but justice. Those who lose their livelihood, their culture and their homes do not wait for particular ideology but want to get justice. But in the din of ideological debates, activists change their track for their own benefits. It has happened on many places where the issues which made some one visible is forgotten and the hidden issues under national international agenda crops up to the great dismay of the people whose rights we claim to fight. Many times, the people leave the battle half way and shift some where else. Some time, people are unable to mobilize larger public opinion on it. The issue particularly caste based differences always occur in such movements and need to be handled with great care. Some time in the broader frame work of anti land acquisition process the landless farmers are completely marginalized. In the case of Raigad, the anti SEZ movement was constantly protesting with various new ideas and used every method of protest. It not only mobilized the farmers but also approached the courts, developed public opinion. Any movement needs multiple strategies to succeed. They need supporters in every sector including media, academics, human rights activists, social movements, political mobilization etc. However, unfortunately, the role of the opposition is not being played by political parties but by the social movements and hence things became a bit difficult as political establishment of the country continue to judge the social protest through a conspiracy angle. The campaign against civil society members, the FIR against activists and the threat to many RTI activists is example how the status-quoists feel threatened from them. There seems to be no opposition against these basic issues concerning our farmers and poor. Therefore, the faith of people is growing in the extra constitutional authorities. While the people of Raigad must be appreciated for their continuous effort to get justice, not every one is that fortunate to get justice. In the Raigad number mattered a lot while in many other cases the selection for land acquisition was very strategic. Hence the votes of the people never mattered as politicians always visited those areas which have substantial votes. Unfortunately, for Maharastra politicians this did not matter unless Supreme Court stuck down Reliance’s appeal for granting an extension. The government had no option to follow the court’s order. More importantly, the political climate in Delhi has changed and government was forced to take action in this matter. Raigad’s victory has gladdened the heart of people. Most importantly it has sent an important message that we will always win if we have faith in ourselves and are determined to take our battle to logical conclusion. For the government it is important not to push people to that extent that they pick up guns and lose faith in democracy. World over, people are protesting democratically and have defeated big despots and mighty armies. In India the despots come through corporate-bureaucrats-politicians’ nexus, in the form of forcible land acquisition. After Nandigram and Singur, this is perhaps the biggest victory of people’s movement. Nandigram and Singur might have been political yet Raigad victory will strengthen people’s faith in democratic process. The government must listen to these voices of people and not treat them their enemy. Political parties must relook into entire acquisition process and there should be a complete moratorium further acquisition unless they come to a conclusion after complete debate on it. Special sessions of Parliament and state assemblies should be convened to have a detailed discussion on our agricultural policy and land acquisition process in the country. In fact, the government must bring out a white paper on the land acquisition process and the losses it incurred after 1990s. At the moment, let us celebrate the victory in hope that the farmers will get their land soonest possible time without any hiccup from the government officials. The government must fine Reliance Industries for agricultural losses during this period and farmers must be compensated for the loss of their crop. After Nandigram and Singur, Raigad has sent clear signals that democracy is the best possible choice for justice despite all its shortcomings. People world over are fighting against tyrannical regimes so that they have a functioning demoracy.In our country people have to struggle against democratic governments for ignoring their problems. It all happens in the absence of a formidable opposition which speaks people’s voice. Fortunately, even when there are not much political opposition, people’s movements have succeeded in putting pressure on governments which have been united in grabbing their land. It is right time for them to read the writing on the wall otherwise they would decimate in next elections.

Stop agricultural land grabbing for corporate Greed

Raigad’s victory is Inspiring and a warning to greedy corporate By Vidya Bhushan Rawat With the Maharastra government denotifying the land acquired for Raigad SEZ of Mukesh Ambani led group Reliance Industries come an end to a historic protest movement of Raigad farmers who had deep faith in the democratic structure of the country despite its all weaknesses. They not only defied all the acquisition process which were constitutionally illegal but also organized a massive referendum against it which was not accepted by the government. A majority of farmers had actually rejected government’s offer to do away with their land. The land acquisition procedure for the proposed SEZ project, spread over 35,000 acres in Raigad was started in May 2006. But, the company managed to acquire only 13 per cent of the land within the stipulated period, as it faced strong opposition from farmers. In fact most of the farmers protested against forcible land acquisition and even organized a local referendum against the said acquisition and voted against the entire process. But the Maharastra government was determined to deliver it to Reliance unless the company could not acquire the other land in stipulated period of time in December 2009. It was the people’s movement that were continuously opposing the acquisition process and who went to the Supreme Court against the failure of the company to comply with the law related to SEZ. The question was why it wanted to acquire such a massive land but for the government officials that did not matter as they were overwhelmed by Reliance company. Even when The Raigad victory comes at a time when the country witnessed many things including the unabated violence in Chhatishgarh. While for the government it is easy to say that people must have faith in the government and its courts yet for the victims it’s very difficult to wait for years to get justice. We have witnessed many cases when the victims do not get justice for years and the government, the industries and the powerful have enough patience to wait as they have nothing to lose. India’s SEZ’s are nothing but new colonization process of our farmers, Adivasis and Dalits which are out of their purview and meant for export product. The land being acquired for these SEZs is enormously high quality agricultural land. Also, most of this land has rarely been used as the ration between the land acquired and its usage is very vast. The real face of this land grab is actually the vast housing market in India in the coming days. We all know once these conclaves come into picture; the industries will shift their focus on real estate. The second tenure of UPA have seen rabid rise in the land acquisition process throughout the country with scantiest regard for public norms and sentiments of the farmers. The government virtually became real estate agent and big companies enjoyed the curtsy. The result was growing unrest against the illegal land grabbing all over the country. The political parties failed to pick up the issue and were very opportunistic in their approach. Trinamool Congress opposed the process in West Bengal while kept quite on things happening in other parts. Similarly, CPM and other left parties could not mobilize people against this corporate greed as their own West Bengal experience was the most horrendous one. It is important to ask the question as why the corporate want land in thousands of acre. The same government which refuses to redistribute land to the landless people is readily agreeing it handover to the big corporations. They are coming with new ides to lure farmers. In various meeting when the farmers raised the issue of land prices, the builders, and business houses only complained that the prices rose when they start building a project. The issue is not that the land prices shot up after somebody started building up an SEZ. The insensitivity with which our officials deal the issue is shameful and reflects why it is happening. If in the government offices, we have least representation of Dalits, Backwards, Adivasis, how can we think of justice being done to them. Similar things needed in judiciary. As the upper caste bias is clearly reflected in the activities of the state and judgments of the courts. Of course, there is some oasis of fresh air which comes these days and we must celebrate that. Raigarh’s victory is a great motivator for all of us. Maharastra government has not withdrawn just because Supreme Court gave an order. I know many of the Supreme Court order have never been implemented. The political parties and their establishment address to the issue only when people are united. The government listens to the voices when people are united against their oppression. Raigad’s whole acquisition was illegal though unfortunately Supreme Court could not stop it but it stopped because of the company itself was unable to fulfill the mandate. Thankfully, the Supreme Court did not come under any emotional pressure of the company as they have the best lawyers at their disposal, and stuck to their stand that government must acquire the land. It is clear that the way which our political establishment went over handing over prime time land to corporate is perhaps independent India’s biggest scams. The farmers are a big power in India and no government can come to power by antagonizing them. SEZs clearly violated the policy of the government which says agricultural land will not be given for the non agricultural purposes. The industries grabbed these lands for throw away prices in close connivance with government officials who had the blessing of their political masters. I can say with full conviction that an audit of the land grab in India during past 20 years would prove that land acquisition will be the biggest scams in the history of independent India. Chief Ministers have collected huge money for their party in the name of ‘development’. Such acquisitions must be scrutinized and CAG must audit all the process. When the people are losing hope in our judicial process and our farmers are our deep stress, its time to think over the entire process which is simply called corporate land grabbing. At a time when our agricultural production is under serious threat, when corporate greed is ready to demolish and annihilate our agriculture and our farmers, this judgment is definitely going to help the people. This also proves that the people who are leading the movement must concentrate on their region, make linkages with national and international movements yet must do everything to reach to a logical conclusion. I know it is a difficult task. Temptation of visibility in the media and elsewhere some time actually put the activist somewhere else at the cost of the people. They forget the issue and take people for granted. Some time the activists become bigger than people or developed that notion and develop a larger than life image about them. They become obsessed with their mirror image and take a rigid position. Many of them start thinking that they would rest only when the entire system is changed and hence do not want to negotiate on anything. For the common men who lose their land, the major issue is not ideology but justice. Those who lose their livelihood, their culture and their homes do not wait for particular ideology but want to get justice. But in the din of ideological debates, activists change their track for their own benefits. It has happened on many places where the issues which made some one visible is forgotten and the hidden issues under national international agenda crops up to the great dismay of the people whose rights we claim to fight. Many times, the people leave the battle half way and shift some where else. Some time, people are unable to mobilize larger public opinion on it. The issue particularly caste based differences always occur in such movements and need to be handled with great care. Some time in the broader frame work of anti land acquisition process the landless farmers are completely marginalized. In the case of Raigad, the anti SEZ movement was constantly protesting with various new ideas and used every method of protest. It not only mobilized the farmers but also approached the courts, developed public opinion. Any movement needs multiple strategies to succeed. They need supporters in every sector including media, academics, human rights activists, social movements, political mobilization etc. However, unfortunately, the role of the opposition is not being played by political parties but by the social movements and hence things became a bit difficult as political establishment of the country continue to judge the social protest through a conspiracy angle. The campaign against civil society members, the FIR against activists and the threat to many RTI activists is example how the status-quoists feel threatened from them. There seems to be no opposition against these basic issues concerning our farmers and poor. Therefore, the faith of people is growing in the extra constitutional authorities. While the people of Raigad must be appreciated for their continuous effort to get justice, not every one is that fortunate to get justice. In the Raigad number mattered a lot while in many other cases the selection for land acquisition was very strategic. Hence the votes of the people never mattered as politicians always visited those areas which have substantial votes. Unfortunately, for Maharastra politicians this did not matter unless Supreme Court stuck down Reliance’s appeal for granting an extension. The government had no option to follow the court’s order. More importantly, the political climate in Delhi has changed and government was forced to take action in this matter. Raigad’s victory has gladdened the heart of people. Most importantly it has sent an important message that we will always win if we have faith in ourselves and are determined to take our battle to logical conclusion. For the government it is important not to push people to that extent that they pick up guns and lose faith in democracy. World over, people are protesting democratically and have defeated big despots and mighty armies. In India the despots come through corporate-bureaucrats-politicians’ nexus, in the form of forcible land acquisition. After Nandigram and Singur, this is perhaps the biggest victory of people’s movement. Nandigram and Singur might have been political yet Raigad victory will strengthen people’s faith in democratic process. The government must listen to these voices of people and not treat them their enemy. Political parties must relook into entire acquisition process and there should be a complete moratorium further acquisition unless they come to a conclusion after complete debate on it. Special sessions of Parliament and state assemblies should be convened to have a detailed discussion on our agricultural policy and land acquisition process in the country. In fact, the government must bring out a white paper on the land acquisition process and the losses it incurred after 1990s. At the moment, let us celebrate the victory in hope that the farmers will get their land soonest possible time without any hiccup from the government officials. The government must fine Reliance Industries for agricultural losses during this period and farmers must be compensated for the loss of their crop. After Nandigram and Singur, Raigad has sent clear signals that democracy is the best possible choice for justice despite all its shortcomings. People world over are fighting against tyrannical regimes so that they have a functioning demoracy.In our country people have to struggle against democratic governments for ignoring their problems. It all happens in the absence of a formidable opposition which speaks people’s voice. Fortunately, even when there are not much political opposition, people’s movements have succeeded in putting pressure on governments which have been united in grabbing their land. It is right time for them to read the writing on the wall otherwise they would decimate in next elections.

India waits for Its Mubarak Moment

Mubarak ho Egypt as India waits for its Mubarak moment By Vidya Bhushan Rawat After the 18th day protest Egyptian despot Husni Mubarak was forced to leave. Ofcourse, he ensured everything for him. Perhaps, he might have seen the writing on the wall but was just arranging like his bank accounts, financial deals and other things. As I write this, report of Swiss Bank freezing his accounts and British Government also willing to follow the same, would not be providing a great future to him. More importantly, the Egyptian people have owned this revolution which is truly being claimed 21st centuries French Revolution. That is why as an armed forces commander, Mubarak might have survived several attempts on his life and was a tough fighter but this fight became his waterloo and he had to leave Cairo. Like any other dictator or power politicians of today, he had enough time to wait for his people’s patience in the hope that they would return their home and he would again lord over them proved false. Hence his efforts to frighten people with tanks or with flying jet over their heads could not break the conviction of the people who were unanimous in one point agenda that if Egypt has to survive as a dignified nation then Mubarak has to go. Clearly, Mubarak was still weighing on his threat of an Islamic take over if he steps down. We all know most of these ruling lords in the Middle East have the blessings of western government and serving their interest. The only thing they have to pretend is wear a secular cap and do anything that violates the fundamental rights of the people. You have to look secular to kill your own people. These despots knew the weakness of the western governments and hence used the very frame work so that they can get huge arms and funds. It was like made for each other syndrome. Today, we all may decry Mubarak and call him a villain but as former British Prime Minister Tony Blair mentioned in an interview yesterday that Mubarak brought stability to Egypt and was the key western ally in bringing stability in the region. One can clearly understand what does he meant by stability, clearly good relations with Israel is called stability by the western world. The army has taken over in Egypt. It has suspended the constitution and dismissed the Ministry as well as the Parliament till the next government take over. Mubarak is still in Sharm-el-Sheikh and is calculating his future plans. There are however, reports that he might escape to Saudi Arabia or elsewhere which are heaven for all the despots. Mubarak also knows well that he can not live in the West as it will target him and his wealth. Though it clear that life would be tough for him and the pressure on Egyptian army would be under tremendous pressure from its people to show result and hand over the country to a democratic government. After Mubarak’s departure, Egyptians thronged the street, celebrated whole night but they also knew it well that the time ahead was more crucial and tougher. It is easier to fight against an enemy but the situation does not remain the same all the time. After Mubarak’s departure they have to take things in their hands and do it otherwise they can not blame on others. Hence, we saw people came in large number to clean the streets and do the menial work like construction and wall cleaning and were joined by the families. It is called ownership of a revolution and one can find very few examples like this when people still wanting to know what next. They do not end up with waiting for a messiah. The biggest danger in such revolution is the control of a few who may not have the same ideas as people and they mould people’s opinion according to their fancies and political ideologies. For people who suffered with tyrants, the most important thing is how to get dignity of work, right to make free political choices and freedom of expression and thought. Of-course, right to work will not work unless the employment situation changes and corruption is fought with. Most of our friends are discussing here in India as can a revolution be possible in India which is suffering more than Egypt does. Many of us think that at least Egypt does not suffer from chronic hunger and poverty that is clearly visible in India. They did not put their people on sale for years. They did not suffer from the brutality of caste system and untouchability as we suffer here for the past three thousand years. Yet, we are called a democracy and hailed as world’s ‘biggest’ democracy. The Americans, British and other give our example to the world as how India survived and is progressing with 9% growth. They give our examples how India had a ‘Muslim’ president, ‘Sikh’ prime minister, ‘Dalit’ women as Lok Sabha speaker and now, a ‘woman’ as President of India, a ‘Dalit’ Chief Justice of India and so on. All, these, according to them, show, how India has graduated from a British colony to a vibrant ‘plural’ and ‘multi cultural’ democracy. So, India does not need a change as what will people need after getting ‘so-much’ of freedom. We all know how British Prime Minister David Cameroon has admitted failure of ‘multiculturalism’ in their own country because rather than strengthening the cause it seems a license to every one to defend their ‘deeds’ in the name. India is worst off as here the ruling elite is much crafty and best suited to use these ‘modern’ terms. Hence ‘secularism’ is suited to help them retain in power in a very similar way as the rhetoric of Hindu Nationalism. The rise of Dalit assertion is growingly becoming victim of same brahmanical syndrome. Rather then providing an alternative module, it wants to ape them and use them to demolish their structure. The fact is it has become a tool in their structure. That is why despite Uttar-Pradesh and Tamilnadu experiences might seem to give community an identity and make ‘Indian’ ‘democracy’ vibrant but does not help people at the village whose daily struggle for dignity and life continues and where an administration is ready to make everything ‘comfortable’ and ‘beautiful’ for the ‘most powerful’ person of the states even at the cost of the poor who might hail from the same castes which these leaders belong to. Yet, no tears are shed for the poor as we are dividing our energy between our leaders and hope that leaders will change India. To understand India, we will have to analyse the minds of India’s ruling caste structure and how it has created such ghettoes which helps it retain its domination. Brahmanism, India is biggest disease does not survive because of Brahmins only. It is a contiguous disease and fast spreading across the spectrum. The forces which were supposed to demolish it are today suffering from it and hence the fight against the brahmanical democracy in India remained unsuccessful so far. The best part of the brahmanical strategy is to divide people in the layers of identities so we think these identities help us but at the end it helps the brahmanical minds. It is these identities which they befool people world over. All these Hindu, Muslim, Sikh, Christian, Dalit leaders we mention represent the people just because of their birth. One can easily ask a question as how many of the community’s people really feel for them. Brahmanism worked through these symbolic gestures. Now the monster of other identities is threatening the very basic of the identity we created. So, every where, these upper caste thugs now create multiple identities among Dalits-Bahujans-Adivasis. Because of lack of communication among the communities and any further initiative, smaller contradictions of our village lives are becoming the big one. For political purposes, these contradictions are being used by each one of us as in ‘democracy’, it’s the umber game. If Mushhahars, Balmikis, Doms, Kols, Banzaras, Kanjars, Khatiqes, have no number then damn care for them. They don’t exist. Do not approach them. This has resulted in the biggest caste conflict in the region which may not look violent but which threatens to destroy the basic preamble of Dalit movement in India. Just keeping away from these issues and not speaking on them will not help that at the ground level. It is true about other communities in each states whether Andhra or Kerala, Tamilnadu or Maharastra. Any voices of dissent or assertion from these communities are fiercely blamed to be fed by the ‘opposition’ camp or agent of the ‘upper castes’, despite known fact that all the political parties of Dalit-Bahujan communities have compromised on the basic principles of Baba Saheb Ambedkar and EVR Periyar. The Egyptian tyrant’s brutalities forced his own country men and his own co-religionists to throw him away from their land but can it happen here in India. Can we speak against our own tyrants who do not have time to see the problems of people? Can we speak against our brahmanical democratic tyrants who are using democratic way to grab power yet have no time for people? Democracy has boosted the morale of the powerful anti democrats in the country. There can be nothing better than making the powerful more powerful and the poor more marginalized. The violence by the powerful unleashed against their own people is not debated. Instead, we are divided in groups of political identities. Hence, when the question of our rights violation comes, it is deafening silence and according to our suitability. How will there be a revolution when we are critiquing according to our convenience. Our political parties are divided between individuals and their families. We like to abuse others while are highly intolerant about our own selves. We do not want to hear anything about our political leaders. I do not call the differences between different groups ‘ideological’ as it has no face value in India. Your ideology is your caste in this country and those who were supposed to demolish it also use it for their own tiny purpose and hence getting defeated every moment. They may say that they are demolishing Brahmanism but fact is they are becoming the extension of Brahmanism and nothing more. Often a slogan is raised as how our 85% population is victimized by the brahmanical oppression and how we want these 85% should be united. Is it possible? If yes, then what attempts have been made? Is the discrimination of these the same? Is it true? Leave alone the 85%, 17% Scheduled Castes are not the same and every where new questions and identities are emerging. Can we be happy with such a situation when the oppressed people have been put to fight against each others? The issue of quota with in quota will finish whatever coming together of the Dalits. We all know how these brahmanical thugs have cheated and betrayed the Dalit-Bahujan-Adivasis of India. But the issue is now much bigger than mere quota. The cultural changes have not taken place and majority of us despite claiming Ambedkarite still follow the same brahmanical values. Just by saying that you do not like Hindu Gods does not mean you have become Ambedkarite as it is one of the toughest things to be. One has to be courageous and deeply committed to the cause and believing in sacrificing for the sake of the community. One who believe there is no ‘third party’ intervention in our life and we are the makers of our world. An Ambedkarite is the one who can not live in the past and victim hood all the time but has to provide alternative of this disgusting module. Yes, for that caste identities will not work, its annihilation is the precondition. Caste is a brahmanical game and will never strengthen the coming together of Dalit-Bahujan. It is destroying their coming togetherness and ultimately strengthening the neo Brahmins and their brahmanical backers. The divisions are happening because we are just obsessed with identity politics and ideology has some where taken a back stage. If you are an Ambedkarite, you can not really compromise with brahmanical, casteist, communalist and corporatised anti women thugs of our society where individual is supreme and has right to dissent. A 21st century India can only grow and develop on these wider principles of Equality, Liberty and Fraternity. It needs a cultural renaissance which Ambedkar could have done had he lived several years more. The later generations have not only compromised with his basic principles but completely drifted away from the communities he aspired to work. With out a cultural revolution, Indian democracy will be just identity politics which is most suitable to the brahmanical agenda in India. Unless, we go in the communities and raise the issue of their common concern, the threat to their livelihood, the looting of their land and resources, more political participation and representation in power, in assemblies and parliament, nothing is going to change. In Egypt, people rose up against the despot for a common cause. They wanted a good life for themselves and can not be happy with the palace of Mubarak. Can we really fight a common cause in India ? Well, Indian democracy is the biggest threat to its poor. It betrayed them from the very beginning. It created dumb leaders. It legitimized killing of people in Delhi in 1984 and Gujarat in 2002. It legitimized commercial land grabbing by the corporate. It does not allow a revolution. It is creating rebels. People want justice. Justice can only come when the political parties take up the cause. At the moment they are unanimous in two things. One to destroy and demolish any dissent to their activities and secondly in acquiring wealth and living a high life. Well, we will only fight that our leader is better corrupt then yours but that will not solve the problem. Our political class continues to make mistake. Political leaders have gained through exploiting all shorts of issues but hopefully the silent revolution started by Ambedkar will ultimately wake us all against notoriety of the political class. The Adivasi revolt or the Dalit assertions are part of revolt against Indian structure. Hopefully, the backward communities, the farmers, the agrarian workers, all will wake up and join hand to demolish this brahmanical supremacy. Remember, annihilation of caste is annihilation of Brahmanism and Hindutva. Are we ready for it? There was one Mubarak against whom all Egyptian had one opinion that they must get rid of him, it worked and brought them together. Here in ‘democratic’ India we have worst than Mubarak and they exist in each caste and political sphere that a common man is confused. If I participate in somebody else’s movement, what will happen to ‘my’ leader? And hence there seems to be no common ground between those who are oppressed or who aspire to fight. In the politics of Jugad, they just feel ‘enemy’s enemy is a friend ignoring the grave new reality that caste forces are more than powerful as ever and most of the leaders we idolize are accessed by our enemies more than us. My friends are writing everything accept the important one as how to bring together these victims of brahmanical deception. Is there any magical wand to resolve this crisis? There is everything for a revolution here but there are so many Mubaraks in our society that it looks difficult that India will have its ‘Mubarak’ day soon as it would the elimination of varnashram dharma and none seems to be interested in its annihilation as those we believe fighting against it have got their own world in it and therefore denying us the Mubarak day.

Judiciary in India : Need for reform

Judiciary and its brahmanical prejudices in India

By Vidya Bhushan Rawat


Two Judges of Supreme court recently, for the first time in our judicial history, had the courage to challenge the religious text of the Brahmanical order. In an order favoring tribal women’s land right violating which the powerful in the village termed her as witch
and paraded her in the village. The Judges were very forthright in their statement saying that violation of the tribal right start from ancient period when Guru Dronacharya asked from his tribal disciple Eklavya to donate his thumb to him, in order to protect the interest of Arjuna, the kshatriya warrior to be the best archer of the world.

Not long back the same Supreme Court gave a judgment saying Hindutva is a way of life. It has been criticized. The highest court today is more sensitive than ever. Just a few days back the court amended their old order in which they upheld the life sentence to Dara Singh, the mastermind of burning Grahm Stains with his two sons in Orissa. While court upheld the high court’s judgment, it unnecessary stretched its brief to conversion and then said that Dara Singh was protecting people from converting to Christianity. The court later realize their mistake and amended the order.

The brahmanical prejudices in our system are well known and judiciary is no exception to it. There are number of judgments against dalits on the issues of reservations are well known and can be elaborated here. Even after the Mandal judgment the issues related to OBC reservation has been diluted in many ways and the issue of merit always cropped up as if there is no merit in those who come through reservation. This stand is quite dangerous. In fact, Indian courts have continuously opposed reservation in judicial services terming that it will affect merit in the courts as if all the other sectors where reservation is effective are non meritorious. The fact is judicial appointments are political nature and there is control of several families in top echelon of Indian judiciary. Like every other sector, here also we have judges who have history of their parents in the judiciary. Earlier, the people retiring from the Supreme Courts used to keep themselves off from the politics but today they are openly part of political parties and ideologies. Many of them like Justice V.M.Tarkunde, Justice Krishna Iyer, Justice Rajender Sachar gave monumental contribution in the field of human rights and promoting rule of law in the country and never ever took any official position. Some of them actually gave dangerous judgment and reports. Justice Rangnath Mishra was appointed by Rajiv Gandhi to look into the anti Sikh riots in the aftermath of Indira Gandhi’s death in 1984 and not a single political leader from the ruling party was charged. Justice Mishra got his reward to Rajya Sabha from the Congress Party.

The lower judiciary is more prone to brahmanical biases. In Allahabad, a district judge washed his court room with Ganga Jal when he assumed charge as his predecessor was a Dalit. Just a few days back we heard that a judge in Madhya Pradesh asked the government to get each children’s horoscope checked by the Brahmins and then admit them to school so that they can understand whether the boy or girl is going to be healthy child or not. This story has appeared in the Times of India yesterday though it was abuzz in the internet for long. The Child Rights commission in India has asked for a report on it.

Indian judiciary is like any other sector in India suffers from the inadequacy of understanding the issues and problems of the marginalized. If there are some judgments favoring them they are purely on charitable and good will basis. When ever the issue of the rights of the Dalits and marginalized have come judiciary by and large was seen with powerful. Several years back, the a retired Supreme Court judge was asked by the Supreme Court to report on the inadequacies Public Distribution System in several states. He called up meeting of many people working on the same. I was one of them. In the meeting the former Judge was asking people what would be good for them and then came out with an idea that to improve the efficiency of the PDS they must have computers at their shop. Every body was happy but when they realize that this was nothing but another sale ploy people opposed it. Suddenly, some of the people suggested the issue of quota for the Dalits, Muslims and others in the distribution of these shops. The judge became furious and he asked the others as why don’t they openly oppose it. How one any one who is not known marketing be given charge of shops. And he just stuck down the entire formulations that we can not talk of quota here.

In the past twenty years judiciary paved way for land acquisition process which was responsible for displacement of hundreds of thousands of people. Political craftiness and crookedness forced political leaders to take shelter in the judicial activism which was nothing but turning the issue of executive which is more accountable to the people, in their hands. Land has always been acquired in the name of ‘public interest’ but none could find what the public interest if lakhs of people have been uprooted from their land. There are definitely very good judgments and we always are grateful to them. We still look for some good judgments as people are quite fed up with political maneuvering.
Hence, land acquisition never ever got discussed in Parliament but it has been justified by the judiciary on many occasions.

Thousands of cases related to land ceiling act are lying with courts. Powerful people have time and money to delay judicial process. It’s the poor who bear the brunt of it. It’s difficult to bring all the cases to the court. Justice Y.B.Sabbarwal’s over enthusiasm on implementing Sealing process in Delhi and making our cities ‘world class’ is well known. It uprooted lakhs of people. DDA and other authorities got right to demolish any location and slums without rehabilitating them. It was painful to see how the doors of court remain close for the poor as they feel helpless.

Three years back a 4 year old Dalit girl was thrown into burning fire allegedly by an upper caste boy in district Mathura. The UP government appointed a fast track court to implicate him. The boy was booked under SC-ST prevention of Atrocities Act. The judge after hearing every one exonerated the boy that there is no witness. He rejected the contention that girls mother is a witness saying that she was in veil when the girl ‘fell; into the fire. There was no other witness and hence the judge came to the conclusion that the girl fell the fire out of her own even when it was clear that she was going to defecate with her mother and was pushed to fire by the local landlord who was unhappy with their using his fields to defecate.

It is important that India reform its judicial system and form an all Indian Judicial commission which be made responsible for recruitment of the judges and they be monitored and seen. Let a committee of retired judges observe and read the judgments of these judges and then promote them. Right now most of them are picked up from the practicing lawyers of High Courts, so political favor, relationships and other things matter and unfortunately that reflect in judgments on many occasions. Binayak Sen’s conviction is one such incident of how judges in the lower courts have already made up their mind and do not normally question the government version. The situation is grim as people do not have money and patience to fight for their cases in the High Court and Supreme Court.

I have been fighting for the case of 150 Dalit families in Shaheed Udham Singh Nagar for the past 15 years. The were fighting for implementation of land ceiling act and be given land declared surplus under Ceiling Act. This case went to Allahabad High Court where the judge upheld ceiling. Then the powerful people of a company challenged in the Supreme Court and lost there also. The judgment came in 2004 and we waited with breathe that now the people would get their land. When nothing happened and the judgment was dubiously used to defeat the purpose of it, we went to the Lokayukta of the Uttarakhand state who took about 2 years to come to a conclusion that the violation of Supreme Court Judgment has happened that official need to be punished. Nothing happened. We went to the Supreme Court again. Justice K.G.Balakrishanan accepted the petition but for next three years, he did not give us time to hear it. As soon as it he retired, the petition came to current Chief justice who directed us to go the Uttarakhand High Court, Nainital. Now, it is painful for people to wait for three year and then be asked to go back to High Court. We went to Nainital High Court where the chief justice was not willing to listen to us even when we mentioned that it is under the direction of the Supreme Court. Finally, he fixed up a date to clear the case. We brought to his notice violation of Supreme Court judgment and Lokayukta report but that was clearly rejected. Lokayukta can not be bigger than this court said Chief Justice. Now the question was no body was questioning the powers of judiciary, we just used his report because it took two years for him to come to some conclusion and he himself was a judge in Lucknow bench of Allahabad High Court.

The Ayodhya verdict has been shocking. How are the judges going to decide where Lord Rama Was born. Is it the job of the judiciary to decide about it. The matter before them was whether some body installed the statues of Ram in the Babari mosque or not and secondly about the ownership of the land which could have been judged on the basis of their papers yet the judges went on and on to declared it. If such cases become a legality than it would be difficult to find any land in India for human being as under each building the religious thugs are ready to say there resided a ‘god’ and we have over 33 crore of them.

The latest judgment in this series is of Bombay High Court which declared that Astrology is science. Should the judiciary accept such cases? How can they come to such a conclusion? If they want a meaningful judgment why can’t they seek opinion from medical and other department like that of Science and Technology? Isn’t it a fact that our judiciary is taking their role much beyond their defined role and is opening a Pandora’s Box. Such judgment helps the religious manipulators to spread their false massage in the name of judicial approval. It does not bode well to the health of the country. There is a need to control astrologers as there is no mechanism where they be held accountable. There is no mechanism where an Ayurvedik doctor and his activities be monitored under MRTPC act. If they are being declared as science and modern then all the modern day rules and regulation should also be implemented on them. Like any medicine they should also put expiry dates and other things on their products and all their activities should be scrutinized.

It is really needed that judicial system be reformed so that people get justice. This is a great season at the Supreme Court when some of the judges have delivered great judgment favoring tribal and Dalits, on human rights and against corruption. One sincerely hopes that this tribe of honest judges will increase whose judgment will help the marginalized gain their rights and confidence. It is time for reservation in judiciary for the Dalits, Muslims, Adivasis and women so that their confidence level also grows and people feel safe that the judges will understand their feeling and issues. Some of my friends suggest that this is the best moment in the Supreme Court in recent history when we are witnessing some fairly balanced judgment. People are still looking to higher courts for resolution of their problems. On Gujarat they have consistently taken a stand against the communal politics of Narendra Modi. Similarly, on many other things including the tribal rights, common land of the village, on women’s right, the judges have taken bold stand in the Supreme Court. One sincerely hopes that the highest court of the land will do its best to change the set up of judicial appointments as well as speedy process of law so that they are delivered on time. It is also important that Supreme Court take not of what the High courts are delivering and wheverever the judges have gone or commented beyond their jurisdiction should not only be scrutinized but those portion should be withdrawn. In the Graham Stains case the Supreme Court has withdrawn controversial portion of its order which is a welcome sign. One hope that the Supreme Court will support initiative in the direction so that in our judicial officers are more sensitized on the issue of caste, gender and communalism and it is not possible without fair representation of people from affected communities in the services.

Copy of Supreme Court's Historic Order

IN THE SUPREME COURT OF INDIA

 

CRIMINAL APPELLATE JURISDICTION

 

<span>CRIMINAL APPEAL NO(s). 889 OF 2007</span>

 

 

ARUP BHUYAN                                 Appellant (s)

 

                        VERSUS

 

STATE OF ASSAM                              Respondent(s)

 

<span>O  R  D  E  R</span>

 

     Heard learned counsel for the parties.

     This Appeal has been filed against the impugned judgment of the Designated Court, Assam at Guwahati dated 28.03.2007 passed in TADA Sessions Case No. 13 of 1991.

     The facts have already been set out in the impugned judgment and hence we are not repeating the same here except wherever necessary.

     The appellant is alleged to be a member of ULFA and the only material produced by the prosecution against the appellant is his alleged confessional statement made before the Superintendent of Police in which he is said to have identified the house of the deceased.

     Confession to a police officer is inadmissible vide Section 25 of the Evidence Act, but it is admissible in TADA cases vide Section 15 of the Terrorist and Disruptive Activities (Prevention) Act, 1987.

                        :1:

 

     Confession is a very weak kind of evidence.  As is well known, the wide spread and rampant practice in the police in India is to use third degree methods for extracting confessions from the alleged accused.  Hence, the courts have to be cautious in accepting confessions made to the police by the alleged accused. 

     Unfortunately, the police in our country are not trained in scientific investigation (as is the police in Western countries) nor are they provided the technical equipments for scientific investigation, hence to obtain a conviction they often rely on the easy short cut of procuring a confession under torture.

 

     Torture is such a terrible thing that when a person is under torture he will confess to almost any crime. Even Joan of Arc confessed to be a witch under torture.  Hence, where the prosecution case mainly rests on the confessional statement made to the police by the alleged accused, in the absence of corroborative  material, the courts must be hesitant before they accept such extra-judicial confessional statements.

     In the instant case, the prosecution case mainly relies on the alleged confessional statement of the appellant made before   the Superintendent   of   Police,   which is  an

                        :2:

 

 

extra-judicial confession and there is absence of corroborative material. Therefore, we are of the opinion that it will not be safe to convict the accused on the basis of alleged confessional statement.

     For the reasons stated above, we are in agreement with the impugned judgment so far as it has taken the view that the confessional statement in question cannot be acted upon as the sole basis for conviction of the appellant.    

     However, the TADA Court has convicted the appellant under Section 3(5) of the TADA which makes mere membership of a banned organisation criminal. Although the appellant has denied that he was a member of ULFA, which is a banned organisation. Even assuming he was a member of ULFA it has not been proved that he was an active member and not a mere passive member.

     In <span>State of Kerala</span>  Vs. <span>Raneef</span>, 2011 (1) SCALE 8, we have respectfully agreed with the U.S. Supreme Court decision in <span>Elfbrandt</span> Vs.  <span>Russell</span>,  384 U.S. 17 (1966) which has rejected the doctrine of <span>'guilt by association'</span>.  Mere membership of a banned organisation will not incriminate a person unless he resorts to violence or incites people to violence or does an act intended to create disorder or  disturbance  of public  peace  by  resort  to

                        :3:

 

violence (See : also the Constitution Bench judgment of this Court in <span>Kedar Nath</span>  Vs.  <span>State of Bihar</span>, AIR 1962 SCC 955 para 26).

     In <span>Clarence Brandenburg</span>  Vs. <span>State of Ohio</span>,  395 U.S. 444 (1969) the U.S. Supreme Court went further and held that mere "advocacy or teaching the duty, necessity, or propriety" of violence as a means of accomplishing political  or industrial reform, or publishing or circulating or displaying any book or paper containing such advocacy, or justifying the commission of violent acts with intent to exemplify, spread or advocate the propriety of the doctrines of criminal syndicalism, or to voluntarily assemble with a group formed "to teach or advocate the doctrines of criminal syndicalism" is not per seillegal. It will become illegal only if it incites to imminent lawless action. The statute under challenge was hence held to be unconstitutional being violative of the First and Fourteenth Amendments to the U.S. Constitution.

     In <span>United States</span>  Vs.  <span>Eugene Frank Robel</span>, 389 U.S. 258, the U.S. Supreme Court held that a member of a communist organisation could not be regarded as doing an unlawful act by merely obtaining employment in a defence facility.                       

 4.    We respectfully agree with the above decisions, and are

of the opinion that they apply to India too, as our fundamental rights are similar to the Bill of Rights in the U.S. Constitution.

     In our opinion, Section 3(5) cannot be read literally otherwise it will violate Articles 19 and 21 of the Constitution.  It has to be read in the light of our observations made above.  Hence, mere membership of a banned organisation will not make a person a criminal unless he resorts to violence or incites people to violence or creates public disorder by violence or incitement to violence.

     Hence, the conviction of the appellant under Section 3(5) of the TADA is also not sustainable.

     The impugned judgment of the Designated Court, Assam at Guwahati dated 28.03.2007 passed in TADA Sessions Case No. 13 of 1991 is set aside and the Appeal stands allowed.

     By Order dated 29.10.2007 this Court had directed that the appellant be released on bail on his furnishing adequate security to the satisfaction of the trial court.  Security furnished by the appellant in pursuance of Order                dated 29.10.2007 shall stand discharged.

 

 

                             ..........................J.

                             (MARKANDEY KATJU)

 

 

 

                             ..........................J.

                             (GYAN SUDHA MISRA)

NEW DELHI;

FEBRUARY 03, 2011.      :5:

--
Vidya Bhushan Rawat
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