Burra Ramulu 2nd Anniversary Commemorative Meet


Dear Friends,

This May 14, it will be two years since Burra Ramulu left us.

On the day, the residents of Qila Warangal and the Human Rights Forum are organising a commemorative meeting. The venue is near the Martyrs Memorial in Qila Warangal.  The meeting begins at 6 pm on Tuesday, May 14.

Ramulu’s friends, relatives and colleagues will recall his life and times, his immense contribution to society, progressive dissent, value-based alternative politics, academia and the human rights movement.

Speakers include:

Prof. K Murali Manohar, Phule Adhyana Vedika

Prof. T Jyothirani, Kakatiya University

Gurrala Venkanna, Convener, Kakatiya Mithra Mandali

P Nagabhushanam, Retired Teacher

Prof. K Katyayani, Kakatiya University

Naliganti Chandramouli, Asangatitha Karmika Sanghala Samakhya

Mittapalli Venkateswarlu, Parapathi Sangala JAC

Dr Burra Ramesh, NCERT, Bhopal

The meeting will be presided over by HRF State president S Jeevan Kumar.

We warmly invite you and friends to be with us on the evening of May 14.

People of Qila Warangal

Human Rights Forum

By Karthik Navayan Posted in General

Above 100 forms of untouchability and discrimination


According to a study conducted by Sakshi- Human Rights Watch[1], there are above 100 forms of untouchability and discrimination on SC STs is prevailing. These all are the gross violation of human rights and also violation of laws of the land.

  1. Segregation of drinking vessels the SC STs are supposed to get their tumblers or bowls to relish the menu at these outlets.
  2.  In some instances Dalits are served in aluminium tumblers contrary to steel tumblers used for dominant caste groups.
  3. In case of common water source Dalits are not allowed to fetch water but dominant castes draw the water for the Dalits and pour into their pots. They have to wait until dominant caste people come and pleased to fetch the water for them.
  4. In certain cases Dalits and dominant castes stand in separate queues at different pulleys of the wells.
  5. Dalits are not supposed to touch the pots of dominant castes.
  6.  Dalits have to fetch water only after dominant castes draw water.
  7.  In most of the villages separate wells and bore-wells persist for Dalits and dominant caste. In case of acute shortage of water dominant castes can fetch water from Dalit water source. But on the contrary if similar situation arise for Dalits, they are denied. In case dominant castes want to fetch water from Dalits’ bore-well they primarily are supposed to clean the bore-well and its surroundings.
  8. In case of natural lakes, ponds and tanks Dalits are supposed to fetch from the downstream where dominant castes do not approach.
  9. Pouring drinking water in to the hands of SC STs instead of giving it in a glass
  10. Dalits are not allowed to enter into their houses and they are compelled to stand far away from the houses of dominant castes. Dalits can only go to certain parts of their houses i.e. the outer extension of the house, outside the threshold but not the interior parts of their houses. In some cases Dalits are allowed but they are asked to clean their feet and hands before they come into their houses. Dalits are sometime allowed to enter to store their agricultural produce at the time of harvest
  11. On occasion of marriage or a function in dominant caste families, Dalits are not invited, in case invited they are supposed to dine after the dominant caste finish their turn. In certain cases Dalits are supposed to get their plates and in certain instances they are told to wash their plates after the dinner.
  12. Some time they are served in towels or they hold their upper garment. In most of the cases Dalits are served at a distant place from the hosted premises.
  13. Segregation in seating – Dalit students have to sit separately that too at backside in the schools, Teachers abuse SC ST children by Caste Name and Not allowed to eat together with non-Dalit students, there will be segregation of Water facilities
  14. Discrimination between Dalit and non-Dalit teachers, Discrimination between Dalit students and non-Dalit teacher, Not admitting children in schools at dalit at SCST villages
  15. Prohibit to wear clean/good clothes come to the vicinity of dominates castes
  16. Dalits are not allowed to sit on public places such as Racchabanda[2], bus stops. Or Dalit allowed to sit but at down level
  17. Dalit have sit separately at some distance from other castes’ people.
  18. Dalit have to stand at these places with folded hands.
  19. Dalits are not allowed to walk with sandals in the vicinity of dominant castes.
  20. Not allowed to use umbrella in dominant caste localities.
  21. Not allowed to ride cycles, rickshaws, in certain cases not allowed going even on bullock carts.
  22. If non-Dalits encounter Dalit women in the way, Dalit women are supposed to walk at a distance.
  23. Dalit women should wear their saree above the knees and cover their head whenever they find non-Dalits walking in the way.
  24. Dalit women are not allowed to wear blouses.
  25. Dalit women are not allowed to wear gold jewellery
  26. Forced drum beating for funerals and festivals/jataras
  27. Forced grave digging and Cremation
  28. Harbingers death news
  29. Chappal Making
  30. Removal of carcass
  31. Animal Sacrifice
  32. Dalits are supposed to sweep the whole village at the time of festivals and jataras.
  33. Manual Scavenging
  34. Standing up in respect before dominant castes and standing with folding hands
  35. Denial of laundry service
  36. Dalits themselves take their clothes to dhobi ghat (place of washing clothes) and wet their clothes at lower level of the stream and wait till the dhobi washes.
  37. Even laundry shop owners deny ironing clothes of Dalits.
  38. They render service but they do not take grain as paid by the other non-dalit communities
  39. Dalits are denied to provide hair cutting services
  40. In some cases if a family member is providing hair cutting services to Dalits the same person is not supposed to provide to non-Dalits.
  41. Hair cutting saloons, a recent phenomenon in villages. If Dalits allowed into the shops but they use separate instruments.
  42. Dalits are allowed into shops, but are denied the service at home as they do to dominant castes.
  43. Person who serves dominant castes is not allowed to serve to the Dalits but another person from same family can provide service to the Dalits.
  44. In certain cases they render service to Dalits in Dalit locality but they purify themselves immediately after coming back to their house.
  45. Tailor does not touch while taking measurements, take measurements from distance.
  46. Darning services are not extended to Dalits as they do for non-Dalits,
  47. When Dalit goes to a tailor he/she should take the measurements at home
  48. Prohibited to touch pot while purchasing and they take whatever the potter gives
  49. Denial of Carpenter Services
  50. Prohibited enter into the shops
  51. Allowed but should not touch any thing
  52. Should stand in separate line not touching non-Dalits
  53. Not allowing to touch items and have to show with a small stick while purchasing
  54. Dalit can sell in the weekly market but they should only sell dry fish and fish.
  55.  Keeping money or items Dalits bought on floor
  56. Dalit should stand outside the shop and exchange takes place by throwing money and item.
  57.  Keeping separate tray for Dalit by which exchange takes place.
  58. In PDS Depots Dalit should stand outside the shop and exchange takes place by throwing money and item.
  59. Should stand carefully without touching the belongings of non-Dalits
  60. At any queue Separate timings for SC STs
  61. Dealer do not touch Dalits while giving provisions
  62. Discrimination at Working in the fields – Standing outside the field until non-Dalits finishes ritual performance in the beginning of agricultural activity.
  63. Entering into the fields only after non-Dalits
  64. Not allowed to take water from wells and pots
  65. Dalits have to bring drinking water to the working place.
  66. Need to keep their lunch boxes separately
  67. Need to sit separately while taking lunch
  68. Should not touch the vessels if the non-Dalit employer provides lunch
  69. Lease rates and conditions differ for Dalit tenants and dominant castes
  70. Discrimination in Payment of wages – No Physical contact, Keeping money on the floor, throwing in to hands
  71. When Dalits invite non-Dalit for some celebrations, they just come but don’t eat the food prepared by the Dalit but hire a man from their community and makes him cook separately for them.
  72. Non-Dalits never attend the functions or any kind of celebrations in the Dalit families but their quota of food should be ordered directly from the shop without getting into physical contact with Dalits.
  73.  Food for Dalits is served in leaves but for non-Dalits in plates.

74. Buying Stamps and other things in post office,  Discrimination in delivering of letters by postman and  Late delivery of letters-  Delivering letters through other Dalits without visiting SC ST villages

75. Discrimination in Heath services (Private and Public) – Denial of entry into heath centres

76. Separate line for Dalits in health centres

77. Avoiding physical touch in checkups and prescribing medicines

78.Heath workers do not visit Dalit SC ST villages

79. Asking Dalits to come to main village for treatment

80. Denial of selling products – Sale of milk by SC STs

81.Discrimination in Public Transport Services – Dalit have to enter into buses after the dominant Castes.

82.Dalits have to sit on backside seats in the buses.

83.Dalits are not allowed to sit besides the dominant castes’ people.

84.Dalits have to offer seats to dominant caste people even though entered late.

85.Electoral and Political Discrimination Denial of entry into polling booths

86.Segregation of seats in village council

87.Preventing exercise of franchise

88.Forced to vote for their candidates

89.Separate queues at polling booths

90.Permitted to Vote only after dominant castes

91.Dalit sarpanch will not be given Panchaayat records

92.Ward members, sarpanch to stand in front of non-Dalit ward members

93. Dalits should not hoist party flags of their choice

94.Religious and Cultural Discrimination – Denial of entry into temples.

95.Denial of sitting before temples.

96.Confined to drum beating during festival and jataras (traditional festivals to please deities), and act as harbingers of information pertaining to religious get-togethers.

97.Religious processions of upper caste deities will not enter Dalits localities

98.Dalits deities processions should not enter non-dalit localities

99.Dalits denied to offer performing pooja and breaking of coconut

100.Brahmins deny performing marriage rituals, naming ceremonies, death rituals, house warming, etc.,

101.Dalit men will not be entertained by non-Dalit jogins[3]

102.Dalit jogins cannot bargain for services and cannot deny services to any upper castes

103.Dalits cannot bury their dead in the village burial ground

104.Dalit are not to take marriage processions in the vicinity of dominant castes. In some case Dalits are allowed but should not beat drums.

105.In certain villages Dalits are allowed but bride and groom should be on foot in dominant castes’ vicinity.

106.Untouchability in Marriages of the Dalits – Blessings – compulsion Collection of Nuptial Knot (Mangalsuthra or Thaali)

107.Funeral Procession: Dalits are not supposed to take funeral procession through the dominant caste dwelling areas.

108.Sitting arrangements in the Women’s self help group meetings- Segregation of seating arrangements in SHG meetings

109. Prohibit to organize meetings in SC ST Villages

110.Separate groups, upper caste members will not join dalit groups-Dalits not allowed to join upper caste groups

111.Discrimination in Irrigation facilities to SC STs –  Prohibit to irrigate lands before other castes, Need to take permission from other caste

112.Separate seating arrangements in Government tailoring centre

113. Dalit daya[4] allowed entry into house but will not be allowed to take bath after labour service while non-Dalit daya can take bath.

114.Dalit daya is supposed to sit outside with curtains around and help in delivery

115.Non-Dalit daya-if she serves labour service to the Dalit, she will not take bath and not take the saree they offer.

116.Non-Dalit daya will not bathe the baby


[1] Dr. Prasad Sirivella, Study on Untouchability in Andhra Pradesh, Sakshi Human Rights Watch, Andhra Pradesh, 2002, viewed on 1st may 2013 at http://annihilatecaste.org/wp-content/uploads/2012/10/Prevailing-forms-of-Untouchability-Practices.pdf

 

[2] Traditional meeting place in the Telangana villages to resolve the disputes in the village by the land lords

[3] In Hinduism, a devadasi (Sanskrit: servant of deva or devi (god)) is a girl “married” to a deity and dedicated to worship and service of the deity or a temple for the rest of her life it resulted as prostitution

[4] Traditional child birth experts in Telangana region

By Karthik Navayan Posted in General

SI of Kesara police station Mr Venkat was an eye witness to the brutal assault on dalits. – Human Rights Forum


To

The District Collector and Magistrate

Ranga Reddy district, Hyderabad

Dear Madam

Sub: Attack on dalits (Madigas) of Rampally Dayara JNNURM Colony- assistance to victims of attack-regarding.

You are aware that more than 10 dalits of JNNURM Colony of Rampally Dayara in Keesara mandal of Ranga Reddy district were injured in an attack on them by persons belonging to non-dalit castes of Ramapally Dayara village on May 1 and 2, 2013.

In the JNNURM Colony, Ms. Balamma of Rampally Dayara runs a belt shop which is located very close to the houses of the dalits. Inebriated customers have been creating nuisance for the past one year to which the family of Mr. Indrala Kalyan,a dalit resident of the colony belonging to the Madiga caste, have been objecting. The dalits had even a lodged a complaint in the matter at the local Kesara police station exactly a year ago on 4 May 2012. The owners of the shops have the support of Mr. Kandadi Anji Reddy and Mr Kandadi Srinivas Reddy of Rampally Dayara, the main accused in the attack of last week. While Mr. Angi Reddy is the mandal president of TDP, Mr Srinivas Reddy is the former upa-sarpanch.

Most people living in the JNNURM Colony were earlier residents of various parts of the city, having shifted as benificiaries of the JNNURM scheme. None of them are economically secure and get by on daily wage labour. Over the past three years, the dalits have been at the receiving end of dominant treatment by the OCs and BCs of Rampally Dayara.

On May 1, Mr. Kalyan had an argument with Mr. Gunda Yadesh, an OC person who runs a kirana store in the colony. The same day, Ms Balamma, the owner of the belt shop came to Mr. Kalyan’s house along with some youth and threatened and injured his mother Ms Eswaramma. Mr. Kalyan’s brother, Mr. Sridhar, who is employed at Nizamabad, came down the next day and went to the police station to lodge a complaint against Mr. Yadesh and Ms Balamma. The latter also filed a counter case against Mr. Kalyan. Meanwhile, Mr. Anji Reddy and Mr Srinivas Reddy brought pressure on the police for a compromise and held discussions with Mr. Sridhar in the premises of the police station. They sought dropping of the case against Mr Yadesh and Ms Balamma but the dalits refused.

While this was going on, around 20 persons belonging to Rampally Dayara went to the JNNURM colony and attacked Mr. Anthony, Jyothi, (Kalyan’s wife) and Eswaramma. Mr Anthony suffered serious injuries to the head. The assailants abused the dalits invoking their Madiga caste in the filthiest of words. Terrified dalit women ran from their homes and hid in the burial ground nearby. One of the dalits immediately called Mr. Sridhar who was in the police station at the time. He in turn informed the same to the police. Two constables and later the SI of police Mr Venkat rushed to the colony but this did not deter a second attack by a group of over a 100 who arrived on motorcyles armed with sticks and iron rods. They were  led by Mr. Anji Reddy and Mr Srinivas Reddy. This time they injured over 8 persons including Mr. Kalyan and Mr. Sridhar and several women. They also threatened the dalit women with rape. In the second attack which took place around 10 pm, the SI of Kesara police station Mr Venkat was an eye witness to the brutal assault on dalits. We have to say that the police’s willingness to facilitate a compromise between the attackers and dalits in the initial stage emboldened the former to go for all out attack on the dalits.

Following this brutal assault, the police initially filed the FIR only under the section 307 of the IPC. However, on the evening of May 5 they invoked sections of the SC and SC (POA) Act 1989 which are clearly attracted.

The injured dalits are being treated at the Vijaya Hospital in Naagaram. The condition of Mr. Anthony, who sustained a fairly deep laceration on the head is cause for concern. Mr. Sridhar who sustained multiple fractures on his right hand requires surgery and is still waiting for clearance of Arogyasri. All the six dalits in hospital are unable to meet medical and other expenses and as such this is impacting their thorough treatment negatively. Till date, except the MRO no government official has even visited the victims.

We urge you to intervene immediately and extend all possible help to the dalit victims and their families. Kindly make arrangements for their comprehensive treatment. We also request you appoint a district level officer immediately to supervise the process of extending financial, medical and legal aid to the victims of the attack.

Do issue orders to extern from the district for two years those persons who led the attack on dalits of the JNNURM Colony. This is exssential because, given their social, political and economic clout, their presence in the area will certainly influence the prosecution process to the detriment of the dalits. We also urge you to recommend to the government and Election Commission to ban these persons from contesting elections in future.

Lastly, it must be pointed out that inspite of frequent and repeated instances of attacks on dalits and various ‘forms of untouchability’ being practised in Ranga Reddy district, the respective villages have not been notified duly as ‘atrocity-prone’.

K. Murali                                                                       V.S. Krishna

Member, State Committee                                  General Secretary

Human Rights Forum                                          Human Rights Fourm

By Karthik Navayan Posted in General

Remove the unauthorized religious constructions in the Osmania University


To,

The Vice Chancellor,

Osmania University:

click here - http://www.change.org/petitions/to-the-vice-chancellor-osmania-university-remove-the-unauthorized-religious-constructions-in-the-osmania-university

Respected sir,

Subject: – Removal of unauthorised religious constructions in the university campus.

We the undersigned request you to please order for removal of illegally constructed 15 temples and 7 masjids in Osmania University.

Education institutions meant for educational activities. Illegal erection of temples and masjids in the educations institutions will not serve any purpose of education; it is completely against the secular spirit of our constitution.

University Campus must be a secular zone. Students and staff come here to study/ research and not to worship. Erecting religious structures at every nook and corner is a nuisance and it is the evidence of collapsing educational values.

These religious activities in educational institutions will lead students and staff to communal division and communal tensions. This was experienced in the university when one student group started celebrating Vinayaka Chavithi in the university campus.

And the unauthorised religious construction are crimes of land grabbing against entire university community, it hurts the secular feelings individuals and communities

We hope your kind self will understand this important issue and we request your positive response in this regard.

Sincerely,

B. Karthik Navayan

By Karthik Navayan Posted in General

Student Suicides. Implead Petition of University Teachers


We are all teachers who are deeply concerned about these suicides and the crisis in the universities that they point to.  Our desire is to help the Court to understand why these suicides have taken place and urge that it takes note of the contexts that seem to be pushing students to take such terminal steps. We believe that the suicides are only the tip of the iceberg of many problems the student community (especially dalits and other marginalized groups) is experiencing.  These include:  failure and constant fear of failing the examinations; insult; a sense of being stigmatized, unwanted or rejected socially and academically; consequent demoralization and lack of self belief;  having failed not knowing how to face families who have struggled to educate them; not being able to fulfill the responsibility of supporting parents and siblings; sexual harassment; not having the economic resources to survive outside the university campuses–just to mention a few examples. University administrations have generally attributed these deaths to personal psychology instead of attempting to seriously study the problem and initiate broad systemic and attitudinal reforms.

  • 1.   Analysis of Context

Social profiles of students who died are as follows. Across Hyderabad an overwhelming proportion of student suicides are of those belonging to marginalized social backgrounds. This marginalization may relate to caste, region, language, minority status and sexual orientation. The following examples demonstrate this trend:

  • Pulaya Raju committed suicide in March 2013. Aged 21 years, he was a student of 8th semester of the Integrated MA Linguistics at UoH, belonging to Scheduled Caste. He was from Warangal district and his father was a mine worker. Raju was the first to enter university in his family. After he cleared the courses in six semesters successfully (elsewhere this would have earned him a BA degree, but not in UoH), he got detained in four courses in the seventh semester.  At the time of his death, he was uncertain and anxious about his next semester registration.
  • Mudasir Kamran, a Kashmiri student of EFL-U committed suicide in 2013.  At the time of his death, he was writing his Ph.D thesis in the Department of English Language Teaching.  He was distraught about being taken to the police station over a quarrel with a fellow student.
  • Rajitha, committed suicide in 2011. She was a 1st year student of MA Political Science in Osmania University. She came from a Scheduled Caste agricultural family. Her ambition was to join the Police Department. She could not face harassment from a male classmate.
  • Senthil Kumar died in the year 2008.  Senthil Kumar, pursuing Ph.D in Physics at HCU was from a Panniandi (pig-rearing caste) family in Tamil Nadu. His parents were agricultural workers.  He was worried about failing in the exams, finding a supervisor at the end of first year and about his scholarship (part of which he sent home regularly) being discontinued.
  • Malleshwari aged 21 years committed suicide in the year 2007. She was studying B.Tech in the College of Technology, Osmania Unviersity.  She was from a poor backward caste family in Nellore district of Andhra Pradesh. After getting detained in her first and second semesters with 50% backlogs, she committed suicide.

While it is impossible to establish a single “explanation” for any of these suicides, each of them have raised a number of structural problems that relate to the crisis that the universities are facing today.

Failure has a specific meaning for these students. Due to many reasons, ‘discontinuing’ and going back home is not a viable option for poor, rural students, who may chose death over a future in which they must stare at their inability to provide for miserably poor families that have staked everything to educate them.  In many cases they were also the academic “toppers” in a village or a community and the ignominy of returning as failures would also be unbearable.

There has been a demographic shift in the student population of the universities. From 1990s onwards, the number of students from marginalized groups reaching universities has steadily increased. Expansion in the scope of reservation to include backward castes has succeeded in bringing new groups into the universities. Increased vigilance has ensured that the SC-ST quotas are better filled.  As such, this increase in the diversity of students is surely a welcome change and of signal importance in national life.

The suicides, we believe, point to the exclusionary mindset operative within the universities.  This is usually also endorsed in the articulation of student anger following such events.  While the acts and attitudes that emerge from this mindset may not always be willful or conscious, the mindset surfaces consistently in entrance procedures and norms, administrative arrangements, rules, curricula, teaching practices, testing and examination practices, various institutional procedures, faculty-student relations, indeed the entire culture of the university and its everyday life.  We feel that the university and we, as members of it, have not taken the challenge of addressing and dismantling this mindset seriously enough.   In other words, the multidimensional intellectual and institutional effort that is essential if this mindset is to be changed so that new students made part of the larger community has not been actively fostered.  This may be done through institutional mandate (as for example in the noting of failure or dropout rates; focus on curricular change designed to “leave no student behind”; profiling of faculty and departments with a history of failed students) or through broad-based cultural initiatives.  On the contrary student anguish or anger has all too often been taken as depression or rowdyism and medicalized or criminalized.

All these problems raise many administrative challenges in terms of faculty-student ratio, hostel facilities, admissions, examinations, adequate number of administrative staff etc. which nevertheless do not receive adequate attention. Across the universities students report facing innumerable problems related to crowding, inadequacy and poor hygiene of toilets and other hostel facilities, shortage of food and drinking water (queues may be so long that students have to leave for class without lunch/breakfast).  Lack of facilities and arrangements (more so for girls) for games and recreation is another factor impeding a healthy social life.

Students from marginalized groups also are troubled by lack of clarity and sometimes contradictions in examination and administrative procedures (a faculty member may not have declared the results of his/her course, but a registration cut-off date is enforced), rules that do not take into account their difficulties, and discretionary and biased treatment from the administration.  For example, ‘don’t waste my time’, ‘go away’, ‘come tomorrow’, ‘I am busy now’, ‘your presence irritates me’ (the last spoken by a deputy registrar sitting in an air conditioned room) have become routine! They feel unwelcome –and experience a lack of mooring, support, and abandonment.  In spite of the goodwill shown by a few individual faculty members, they experience the university to be ‘hostile’ towards them.

Universities, in our opinion, are also yet to acknowledge the need to change the prevailing academic culture of the university.  We have been slow to engage with and adapt to new student needs, let alone challenge already established knowledge structures. The extraordinary merit of these students reaching the portals of the university despite all adversity is unrecognized and we continue to see them as a backward burden on the university system.  We need to ask ourselves why far too many of the students who have made their way into the “big” universities through reservations and supported by national fellowships, drop out.  Why are they, as a group, failing? Why do they begin, often for the first time in their lives to do badly in class, feel unwanted and unfairly treated, harassed by norms and regulations? A simple example of unfriendly regulations is the UoH system of registering every semester, which poses a lot of problems to these students who have to obtain ‘no dues’ certificates from six different people, including the library. Anyone who delays this procedure by a few days has to pay a penalty for identity cards and other administrative essentials.  The lack of coordination between the Centre for Integrated Studies which runs the IMA programme, Departments at the post-graduate level, and examination branches is resulting in confusion regarding backlog/supplementary exams and eligibility of students for appearing in the next semester exams.   

  1. 2.   Agenda for Change

 

It is submitted that serious curricular changes need to be made to ensure that the students from these groups will successfully complete their courses and acquire the required skills (for jobs).  We continue to teach subjects, without thoughtfully rethinking and reorganizing the material and for the actual students in the classroom. Students are left feeling that the courses are designed to show up their inadequacy, not to help them learn.  Curricula and pedagogy remains oriented to students from elite backgrounds.

The flexibility and openness to innovation of the semester system offers some avenues for adapting courses to suit new populations of students entering the university. This has not been fully exploited. Substantial work has to go into designing new curricula taking into account students’ strength, addressing their interests and gaps in abilities, and mediating between them and the possibilities of employment. There has been some acknowledgement of the necessary structural changes such as the establishment of Centres for Women’s Studies, Social Exclusion and Inclusive Policy and introduction of a few courses in Gender/Dalit studies; but their contribution is isolated and academic. These issues do not become a serious concern of the university as a whole.

The Public Culture of the University needs to be actively changed. This can be done through rules, procedures of accountability, academic discussions, and, not least, cultural initiatives. The administration should visibly demonstrate that it is taking seriously its responsibility to what is, after all, the majority of people in this country. While these problems may be somewhat difficult, they are not insurmountable. Similar problems have been institutionally addressed with success in other countries, and adaptation is possible. For example, administrative fairness and justice for marginalized populations is a well-known fact about educational institutions in the US.

The University should be a location that facilitates the shaping of egalitarian and universal knowledge, the interaction of castes, classes, religions, regions and genders, the building of friendships and the development of mutual respect. This is not happening.  The loss is economic – that of the investment of a desperately poor family, sometimes and extended family and maybe an entire village; also that of the tax payer and the country.  The loss to national culture is inestimable: failure of a critical forerunner sends a bad message to many children looking up to those who have gone ahead of them.  Universities in general, and we teachers in particular, need to be more accountable to the high failure rate, anxiety, disturbance that students are experiencing.

 

It is a matter of very deep concern that all too often police are called into the university.  Individual students involved in a quarrel and protesting students (who all too often are calling attention to these structural problems) are being taken to the police (and cases filed against them) for small issues that should have been addressed within the university or problems that have such deep structural roots. The University should by now be aware that problems that are complex and structural cannot be addressed as ones of law and order.  Students are threatened and humiliated by this and the results can be tragic. The most recent example is the suicide of Mudassir Kamran at English and Foreign Languages University.

 

Grievance Redressal Mechanims such as disciplinary committees, grievance cells at the department and university level, sexual harassment committees, SC/ST grievance cells etc. are neither fully functional nor accessible to the students. We would suggest that the revival of these several committees, rather than establishing one general grievance cell, will enable the culture of hearings and redressal to grow. Some universities have some of them in place. In some universities such as Osmania University, a Sexual Harassment Committee is yet to be established. In another example, in the aftermath of the suicide of Senthil Kumar, PhD student, in 2008, a Fact Finding Committee was constituted by the University of Hyderabad.  One of the important findings of this Report was the need for Grievance Redressal mechanisms for every School/Department in the University where students can go with their problems.  The Report also emphasizes the need to nurture and take care of those students who come from marginalized backgrounds especially in a context where the watch words for contemporary university are that of access and equity. Reviving and strengthening the operation of these committees would go a long way towards establishing administrative fairness.

Towards this objective – of redefining the public culture of the universities, we have to radically rethink indicators of the formal educational system such as failure, drop out, forced discontinuation, irrational decline in the performance of entry level students (e.g. school or district toppers doing badly in university), even student anger against rules and procedures. The rethinking is all the more necessary as these indicators continue to be interpreted as student failure, and not as institutional inadequacy.

Provision needs to be made for an adequate number of counselors who are also aware of and trained to respond to the kinds of tensions and pressures individual students may be experiencing.  Women or dalit and other marginalized students facing harassment or demoralization, minority students ever in danger of being labeled as terrorist or scoffed at for wearing the hijab, those wrestling with issues of their sexuality and/or sexual orientation, also need help to confront these issues.  Though many of these problems are structural, it is individuals who suffer their effects. They need help to recognize the problems and deal with them productively and not destroy themselves through shame or self blame.

We have taken this opportunity of submitting a set of recommendations drawn from our experiences to make University education more inclusive and accessible.  Such an exercise requires a wide range of issues to be addressed which include new set of curricula, administrative systems, teaching methods, policy initiatives, and general cultural orientation keeping in mind the fact that the university is one of the most important transformative institutions in India today.

Our plea is that an Inquiry Committee be constituted to study the whole wide range of issues that bear on student suicides. The Committee may also hold well publicized Open Hearings in the different universities, and receive written submissions from the public.  We the undersigned teachers are willing to assist this Court in laying down substantial ground rules for revisualising / revitalizing the university system as it exists today.

Signatories

Prof. G Haragopal, Rt Professor from Department of Political Science, HCU

Prof. Rama Melkote, Retd Professor, Department of Political Science, OU

Prof. Jacob Tharu, Retd Professor of Educational Evaluation, EFL-U

Prof. D.Narasimha Reddy, Sankaran Chair, NIRD, Hyderabad

Prof. Susie Tharu, Department of Cultural Studies, EFL-U

Prof. Padmini Swaminathan, Centre for Livelihoods Research, TISS, Hyderabad

Prof. PL Vishweshwar Rao, Head, Department of Journalism, MANUU

Prof Mariappan Periasamy, School of Chemistry, University of Hyderabad

Dr R Akhileshwari, Associate Professor, Dept of Journalism, OU

Dr. P Madhavi, Retired Associate Professor in Commerce, OU

Prof. T Nageswara Rao, Department of Commonwealth Literary Studies, EFL-U

Prof. D Vasanta, Department of Linguistics, OU

Prof. U Vindhya, Chairman, Academic Programmes, TISS, Hyderabad

Prof. P.Muthaiah, Department of Political Science, OU

Prof. Madhava Prasad, Department of Cultural Studies, EFL-U

Prof. Madabhushi Sridhar, NALSAR University of Law, Hyderabad

Prof. K.Srinivasulu, Department of Political Science, OU

Prof. Sasheej Hegde, Department of Sociology, HCU

Dr. K.Lakshminarayana, Associate Professor, Dept. of Economics, HCU

Prof. Vinod Pavarala, Sarojini Naidu School of Arts and Communication, HCU

Prof. Gaddam Krishna Reddy, Department of Political Science, OU

Dr. P Thirumal, Associate Professor, SN School, HCU

Prof. R.V Ramana Murthy, Department of Economics, HCU

Dr.S. Durga Bhavani, Associate Professor, School of Computer and Information Sciences, HCU

Dr. Rekha Pappu, Associate Professor, Centre for Education, TISS, Hyderabad

Dr. K. Satyanarayana, Associate Professor, Department of Cultural Studies, EFL-U

Prof. M.T.Ansari, Director, Centre for Comparative Literature, HCU

Dr. Bhangya Bhukya, Associate Professor, Dept of Social Exclusion Studies, EFL -U

By Karthik Navayan Posted in General

The Human Rights Forum (HRF) demands the government to ensure the families of farmers who committed suicide are compensated


Press Release

8-4-2013

Hyderabad

The Human Rights Forum (HRF) demands that the government take immediate steps to ensure that the families of farmers who have committed suicide are duly compensated and rehabilitated as envisaged under GO 421. Our enquiries in Mahabubnagar district revealed that 14 farmers have committed suicide in 2012 in just one mandal  i.e  Bijinapally. Not a single family of these 14 farmers been compensated under GO 421. In fact, of the total farmers’ suicides of 108 reported in the entire district last year, just one family, that of  D Anandam in Jangamaipally village in Ghanpur mandal (he committed suicide on 9-8-2012) been given compensation. This is an appalling state of affairs.

A six-member HRF team visited several villages in Bijinapally and Jadcherla mandals of Mahabubnagar district on Saturday (6-4-2013) to look into instances of farmers’ suicides and governmental response. The team spoke with family members of the deceased, as well as their friends and relatives. In all, we elicited facts concerning six suicides in two villages of Bijinapally mandal and one suicide in a village of Jadcherla mandal. All seven had committed suicide during last year.

All these seven farmers belonged to the small and marginal category who were driven to desperation because they had run up accumulated debts of not less than Rs 2 lakh each due to successive failure of crops, principally of cotton. Since formal credit had all but dried up over the years, their borrowings were mostly at high interest rate from the informal sector of money lenders.

HRF is of the opinion that the families of all seven deceased are eligible for the financial assistance and rehabilitation package evolved as support in such cases under G.O 421. In all these cases it can easily and clearly be established that there was “correlation between farm-related operations, economic distress and social humiliation eventually leading to suicide.”

The GO (G.O.Ms.No.421 Rev DA-II Dept., dated 1/6/2004) provides for financial assistance as an interim relief package to support such families. This assistance is in the form of an ex-gratia of Rs one lakh besides loan settlement up to a sum of Rs.50, 000 as one time settlement to creditors. This relief was intended to help in some small measure in pulling these helpless families out of acute distress.

We have no hesitation in stating that the implementation of G.O 421 in Mahbubnagar district is pathetic. For instance, in Bijinapally mandal, the three-member divisional verification and certification committee (consisting of the RDO, DSP and assistant director of agriculture) had so far not completed the requisite enquiries into these cases as is required under GO 421.  In fact, the RDO-led committee has not even visited a single village and spoken with family members or other local residents to ascertain facts of the case. This is truly shocking.

Reports of these suicides have appeared prominently in the local media. In fact, three farmers of Karkonda village in Bijenapally mandal had committed suicide within a span of 12 days (from April 23, 2012 to May 4, 2012. Two of them had taken their own lives on successive days, May 3 and 4). Yet, the three-member divisional level committee has not even visited the village till date. This is insensitive and irresponsible negligence.

In fact, many months have gone by, and in several of these seven cases, over a year has gone by since the farmers committed suicide. Yet, they have not gotten any relief. This delay defeats the very purpose of G.O. 421. Not only is the government doing very little to make farming viable, it has even failed in its minimal duty of providing some succour to those families whose earning members were driven to commit suicide as a result of a severe agrarian crisis.

We urge the Collector to immediately convene a review meeting with all RDOs on the matter of implementation of G.O. 421 and ensure that the three-member divisional committees visit the villages, verifies facts and renders justice to the families of farmers who have committed suicide.

VS Krishna                                                                           Madhu Kagula

(HRF State general secretary)                          (HRF Mahabubnagar dist. convenor)

Details of farmers suicides HRF enquired into:

  1. Midde Nagaraju (26) of Karkonda villagew, Bijinepally mandal. Committed suicide on 23-4-2012.
  2. Geddampalli Mallesh (35) of Karkonda village, Bijinepally mandal. Died on 3-5-2012.
  3. Boinpally Krishna Rao (45) of Karkonda village, Bijinepally mandal. Died on 4-5-2012.
  4. Jangam Ramaswamy (32) of Palem village, Bijinepally mandal. Died on

5-3-2012.

  1. Paspula Parsuram Goud (27) of Palem village, Bijinepally mandal. Died on 25-11-2012.
  2. Mekala Pullaiah (48) of Bijinepally. Died on 27-1-2012.
  3. Avancha Anjaneyulu (38) of Nasurullabad village, Jadcherla mandal. Died on 17-9-2012.
By Karthik Navayan Posted in General

UNO considering Caste Discrimination into its SERD committee – A Historical victory


It is well-known that conference on “world conference against race discrimination” at Durban during 2001-2002 discussed on caste – race. Indian government argued that caste and race are two different entities, caste discrimination will not fall under the purview of CERD committee, many schemes are implemented for the development of Daliths in economic , social and welfare fronts, these measure are enough to protect the constitutional, legislative interests, there is no need of implementing the International Human Rights rules, the actions taken internally are sufficient in this regard, change is a part of evolution.
The persons who attended for this conference on behalf of National Human Rights Commission member Mr. K Ramaswamy declared that caste discrimination is still continuing in India. Indian government worked hard to save its reputation across International society in those days. As the continuation of the discussion on caste issue in Durban conference, National Convention on Dalith Human Rights(NCDHR) and in alliance with similar organizations continuing their efforts relentlessly. In this process, in 2002 , UNO CERD committee considered the discussions on discrimination based on race and caste and issued general recommendations, this lead to the discussions on caste discrimination is still on the anvil in all wings of UNO. As part of this, UNO’s Human Rights Commission appointed two special Rappoteurs to study discrimination based on work and birth. They submitted their progress report to UNO Human Rights Commission during 2005-2006. As a result of this, the 70th convention of UNO CERD committee in Jeniva 2007, declared that caste discrimination tantamount to apartheid. This was disclosed by Alexander Cicileonus who is acting as arbitrator for report of CERD committee in India.
Indian government did not submit its reports to UNO CERD committee after 1996. As a result of discussions in various Parliaments , Indian government put 15, 16, 17, 18 and 19th reports all together before the CERD committee in Jeniva conference, February, 2007. Based on Indian report, National Convention on Dalith Human Rights(NCDHR), Saakshi- human rights surveillance and other Dalith organizations prepared an alternate report . In that report, they mentioned about the mass killings, atrocities in the name of caste and untouchability, the real forms of caste related atrocities taken place. This report is submitted to UNO CERD committee. Indian government submitted its report on 23rd February. The discussion continued till 26th February.
On behalf of Indian government, Solicitor General Gulam E. Vahan, Indian government permanent representative Swas Pavan Singh, Swis Ambassador, ministry of social justice and empowerment additional secretary Hari Om, Professor of JNU Deepankar Guptha, representative of Indian government participated in the conference. Representatives from Non Government organizations and Dalith organizations Pal Diwakar(NCDHR), Vincent Manohar(NCDHR) Ruth Manorama(NDWM), Father Alocias(NCDHR), Manjula Pradeed(Navasarjan-Gujarath) Dr. Sirivella Prasad(Saakshi) and Dalith representatives from Nepal, Pakistan, Dalith Solidarity Network members from France, England, Denmark, Germany, America and United States of America attended for this conference. Members participated in this conference assumed that the Indian representatives don’t show any objection for discussion on caste discrimination. But they repeated the same version of Durban 2001in Durban 2007 conference. India made it clear that “it is tolerant nation, with unity and integrity”. India declared that it is firm in its stand to imply all human rights which are recognized internationally and fundamental freedom to its citizens without any discrimination. When CERD committee members asked about the scheduled caste and schedule tribes information in India, the members of Indian delegation declared that caste-color are two different entities.
CERD committee facilitator Alexander Cicileonus expressed severe objection against the comments of Indian delegation about discussion on Indian repot. He made it clear that caste discrimination is tantamount to color discrimination. On December 28th , 2006 the prime minister of India delivered the inaugural speech as part of International Dalith Minority conference declared that caste discrimination is tantamount to apartheid in South Africa is an historic event. He opined, “it is appearing that the Indian delegation took it in easy manner”. He further stated that many cases were registered against foolishly practicing caste discrimination, untouchability by various wings of UNO and other NGOs. He lamented that the persons involved in inter caste marriages were given unconstitutional punishments, killing the couple, committing rape, massacre the relatives, registering fake cases on them is continuing now also. He declared that Daliths are facing troubles in obtaining justice, huge gap exists between constitutional rights and acts against caste discrimination to real life situations. He stated that the recommendations made by National Human Rights commission in 2004 to fill this huge gap and to contain the atrocities against SC and SC people were shelved off by Indian Government.
Other member raised different types of exceptions. One of the main exception is “why Indian government is showing it unwillingness to discuss about caste discrimination in its soil?” They made it clear that Indian government is singing the same old song, discrimination is continued in India as that in South Africa, it will treat it as violating the International Human rights norms. It stated that clarity is missing in the Indian report, it alleged that Indian government is trying to parry the issue. The members who attended for this Geneva conference as the observers from different countries, and International representatives were shocked for the stand taken by the Indian fraternity. Pal Diwakar, convener of NDCHR said “ Indian representatives not showing any interest to discuss about caste discrimination is nothing but violating the international human rights declaration, International community clearly recognized the fact that Indian government not only failed in implementing the acts pertaining to caste discrimination but also insincere in implementing the acts.
After a brief discussion over the facts submitted by Indian representatives to CERD committee, in 2007 the committee recommended the following constructive directives to the Indian Government.
Some of the excepts are:
• According to the charter-1 of the Organization for annihilation of all race discriminations, caste discrimination will fall under the limits of “discriminations annihilation Committee”
• Adequate funds to be allocated and facilities necessary for acquiring the rights for the people of Schedule Caste and Schedule Tribe in district, state budgets. Proper implementation of human rights protection act – 1955 and SC, ST Atrocities prevention act – 1989 at the village level.
• Stringent actions to be taken against the persons who practice untouchability. Measures to be taken against discrimination and social divisions in schools and living places. Equal representation to be given to Daliths to enter int Temples, Hospitals, water resources and other open places.
• Effective protection to be given to Schedule Castes and Schedule Tribes without any discrimination. Mandatory training to be given to Lawyers, Judges and Police about SC, ST atrocities prevention act – 1989 and make it statutory. Strict actions to be initiated against police officers, law officers, who pay negligence towards preventing atrocities , implementation of laws.
• Culprits who commit crime on Daltih and forest dwelling women and exploiting them to be punished severely. Proper training to be given to police to stop such heinous crimes. Wide spread advertisement to be given for peoples understanding. Compensation to be paid for the victims in gaining judiciary, medical and moral strength.
• According the Human Rights Protection act – 1955 section – 12, responsibility of victims procedures to be considered. Special courts to be established to make the needy aware of all these problems.
• Reservations in Private and Judiciary system to be introduced and implemented as early as possible.
• Acts like Prevention of child marriages act -1929, prevention of dowry act – 1961, Prevention of Jogini system to be properly implemented.
• Crimes on couples involved in inter caste marriages to be stopped with iron hand. Rehabilitation to be given for that couple. Culprits to be punished severely. To prevent such offensives, proper training and understanding to be given police, Judges, Lawyers, leaders, teachers and people.
• Stopping Daliths, especially Dalith women from venturing into the fields of upper castes to be curtailed. SC, ST act to be invoked against culprits if needed.
• All measurements to be taken to safe guard the interests of Daliths who converted in Islam, Christianity, Buddism and Sikh religions. Preventing Daliths fall pry for any discrimination.
• Ban to be imposed against scavengers who lift human excreta with hands. Slavery to be eradicated. Minimum wages act – 1948, equal wages act, prevention of slavery act – 1976, Manual scavengers, Ban on Dry Latrine construction – 1993 acts to be implemented with firm will.
• Equal opportunities to be provided for Daliths in fair price shops, necessary health facilities to be provided. Reproduction related medical facilities, safe drinking facilities to be provided. The number of primary health centers and doctors to be increased in Daliths, and forest dwelling areas.
• Effective measures to be taken to minimize the drop out rate in the schools. Scholarships and other perks to be offered to the Dalith Children. Proper understanding to be given to the parents about the importance of class room education.
• Isolating the Dalith students to be restricted in the class rooms. All necessary actions to be taken against discrimination on Dalith students in mid day meals scheme. Admissions to be given to Dalith students in the schools of upper caste living areas.
• Protection to be given to the victims and witnesses in the cases of clashes, crimes. Petitions to be booked in accordance with SC, ST atrocities prevention act -1989, trialed and punished. Compensation, rehabilitation to be provided for the victims. Special courts to be constituted in all states and union territories to speed up SC, ST atrocities prevention cases.
• According to the above recommendations, the Indian government has to submit its report by 2010. There is a danger of going waste of above recommendations in accordance with the acts meant for protection of Daliths. The activist who are working for the Dalith Human Rights, organizations Struggles, Intellectuals should make the implementation of above recommendations as their primary agenda. These recommendations are nothing but the mirror images of various Dalith organizations fighting for their demands. Hence, Dalith movements should bear the duty of proper implementation of the above recommendations. Otherwise, these recommendations will not be implemented. All organizations, societies, parties should go ahead with an agenda of implementing the above recommendations as their prime demand

Karthik Navayan in association with Dr. Sirivella Prasad – 24.04.2007

By Karthik Navayan Posted in General

Investigation Guidelines to Police Officers regarding Prevention of Atrocities


GUIDELINES TO POLICE OFFICERS INVESTIGATING CASES UNDER SC/ST (POA) ACT, 1989 & PCR ACT, 1955

http://wbxpress.com/2012/07/investigation-guidelines-to-police-officers-regarding-prevention-of-atrocities.html

Article 17 of the Constitution of India has abolished the practice of untouchability in all forms To give effect to this Article. Parliament enacted the Untouchability (Offences) Act, 1955 and later renamed it as The Protection of Civil Rights’ Act, 1955 and notified the Rules in 1977 to implement the Provisions of the Act Later, the Parliament passed the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 which enable the police authorities for taking specific measures to prevent the atrocities to carry out the provisions of this Act, the Government of India notified the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules in the year 1995. In view of the above, the Police Officers have been entrusted with the noble duty to implement all the provisions of the enactments and in right spirit. In this regard, certain measures which are needed to be taken by the Police Officers, who directly or indirectly deal with the incidents of atrocities or practice of untouchability in their respective jurisdiction are as under
1) To identify the atrocities prone areas / villages in order to enable themselves to take adequate preventing measures well in time.
2) They should visit the identified areas and review the Law and Order situation from time to time.
3) To cancel the Arms licenses of the persons who have misused a licensed firearms for committing atrocities or are likely to commit atrocities.
4) To organize Awareness Campaign in the identified areas to educate the SCs/STs about their rights and protections available to them under different enactments.
5) To deploy pickets in such identified areas, where there is an imminent danger of reprisal against SCs/ STs.
6) In extreme situations Arms licenses may be recommended to be issued to the SCs/ STs to enable them to protect their lives and properties.
7) Any complaint of atrocity on SCs/STs by forcing them to eat any inedible substance, causing insult or annoyance, parading them naked / with painted face, wrongful occupation / dispossession from their land, house etc.. forcing bonded labour, use of force in casting of vote, institution of false cases, intentional insult in public view, outraging modesty of SC/ST women, refusing access to a place of public resort, expelling SCs/STs from their houses / village etc. are covered under section 3 (1) of the SCs / STs (POA) Act Whereas, some of offences like fabricating false evidence, mischief by fire, attempt to cause disappearance of the evidence etc. for which the SC/ST person is likely to be convicted of an offence which is not capital but punishable with imprisonment of (07) years or upwards, would fall u/s 3(2) of the SCs/STs (POA) Act.
8) All the cases of atrocities on SCs/STs by non SCs and STs should be registered under the provisions of the SCs/STs (POA) Act, 1989 only, while the cases of enforcing any disability on account of preaching and practicing untouchability should be booked under the provisions of PCR Act. All the concerned officers should clearly understand the provisions of these two enactments and their applicability.
9) If any offence under sec. 3 of SCs/STs (POA) Act is committed by a public servant, he is liable to be prosecuted u/s 3(2) (VII).
10) On receipt of a representation / compliant pertaining to any offence under the provisions of thee SCs / STs (POA) Act either in writing or orally at the Police Station, the Officers -in-charge shall register a case, as provided under Rule 5(1) of the POA Rules of 1995 r/w 154 Cr.PC and if the Officer — in — charge of the Police Stations fails to do so, it amounts to “willful neglect of duty” which in itself is an offence u/s 4 of the said Act.
11) While registering FIR. it should be ensured that correct Sections and Sub Sections under the appropriate Act are applied Any attempt of burking or minimizing the gravity of the offence shall be treated as “Willful neglect of duty ”.
12) All the cases of bogus caste certificates should be booked u/s 420 IPC.
13) The lOs should refrain from becoming parties to the compromises / out of court settlements in cases of specific accusations as defined under the Acts.
14) All the Cases referred u/s 156 (3) Cr.PC. by the court should be promptly registered and the FIR copies should be sent to court and other concerned officers without any delay If there is any dereliction of duty on the part of the IO, he shall be liable for contempt of court and also for Departmental action
15) FIR copy in every case should be sent to the District Magistrate, to enable him to take decision regarding sanction of relief and rehabilitation measures and a copy of the FIR should also be given to the complainant.
16) FIR copy should also be sent to the CP/ SP promptly with a request to appoint the 10 at the earliest, to enable the 10 to commence investigation without any loss of time.
17) The Investigation Officer i.e.an ACP/ DSP has to be appointed by the C.P / SsP. to expeditiously investigate the case booked under (POA) Act. 1989 as envisaged under Rule 7(1) of SCs/STs (POA) Rules of 1995. Non-compliance of the above legal requirement would vitiate the entire investigation.
18) Rule 7(2) stipulates that the investigating officer so appointed under sub-rule (1) shall complete the investigation on top priority basis within thirty days.
19) In case the appointed IO is transferred out, any another Dy SP is to be appointed as IO and it has to be done by issuing a fresh Appointment Order by S P/C P. U/Rule 7(1) of SC/ST (POA) Rules, 1995.
20) On receipt of the appointment order from the SP/C.P the appointed IO should take up investigation from the stage of FIR. If the initial investigation has been done by an incompetent officer, it is an irregular investigation and mere verification of such investigation by the Dy SP is void and irregular under the Law.
21) In case, the incompetent officer has filed the charge sheet after his investigation, it is null and void and hence the specially appointed Dy.SP should seek permission of the court by filling petition u/s 173(8)Cr.PC and proceed with further investigation from the initial stage i.e from the FIR stage after obtaining the permission of the Court.
22) Since, the investigation in cases under POA Act need to be completed within 30 days, the IO must ensure that the witnesses to be examined u/s 164 Cr.PC are examined within the stipulated period. Tendency to get 164 Cr.Pc statement done after months together should be put to an end. as such practice is found to be against the interest of the victim / complainant.
23) The lOs should refrain from getting the statements of witnesses recorded u/s 164 Cr.PC if it is likely to weaken the case of prosecution. As per established Law. such statements only should be got recorded u/s 164 Cr PC which are likely to strengthen the case.
24) In cases of bogus caste certificates, the IO should also invariably investigate into the conduct and character of the certificate issuing / inquiring authorities for heir prosecution if so required and write to the concerned department for initiating
departmental action against the accused officers, while furnishing the relevant material required to be relied upon by the appropriate authority.
25) The IO after recording the statements of witnesses u/s 161 Cr.PC must hand over a copy of the same to the concerned witnesses under acknowledgement on the original copy as it would help in ensuring the truthfulness of the statements and the witness may refer to the same prior to his examination in the court. It would also stop the IOs from doing table investigation and that too at his convenient time.
26) The lOs should not hesitate to arrest the accused promptly when they are likely to tamper with the evidence by way of threatening or winning over the witness or terrorise the complainant or they are likely to abscond etc. It should also be ensured that the non-arrest of the accused does not result into commission of series of offences against the victims. Hence, the timely arrest goes a long way in preventing the offence and to enthuse confidence in the victims and the community.
27) On knowing that Anticipatory Bail petition has been filed in the Sessions Court or High Court by the accused, the ID should immediately meet the concerned APP/SpI PP/ PP and apprise him of the facts of the case, to enable him to oppose the bail However, if the court entertains such petition, the lO/SpI PP/PP/ APP should rely upon Section 18 of SCs/STs (POA) Act.
28) The Investigation Officer should examine the important and relevant witnesses only, as that would help him to unearth the truth and complete the investigation within a period of 30 days.
29) It is noticed that some of the accused are getting counter cases registered against the SC/ST complainants. In this regard, the lOs must ensure that the investigation in both the cases is completed within 30 days and that the false case is closed Undue delays in this regard are viewed with suspicion by the public and victim in particular.
30) Adequate care should be taken by the IO to complete the investigation within the stipulated period i.e. 30 days and submit the report, lest on this ground the entire investigation may be held as null and void by the court being violation of Rule 7(2) of SCs/STs(POA) Rules.
31) In the cases booked against public servants, the concerned lOs should obtain permission of the Govt, to prosecute the accused u/s 197 Cr.PC before laying the charge sheet.
32) It is a well-established principle that the evidence of the complainant alone shall be sufficient for laying the charge sheet in the Court if it is capable of inspiring the confidence of the court The tendency to close the cases as False/MF, on the basis of the evidence of unimportant witnesses while ignoring the evidence of the complainant needs to be put to an end.
33) The IO must furnish the required number of copies of the relevant material to the accused and promptly produce the accused in the court to get the charges framed early in the designated Sessions Court.
34) In these cases, the IO must make an attempt to gather evidence to the effect that the accused were aware of the victim’s caste at the time of committing the offence,
35) After completion of investigation, the IO should file the charge sheet in the concerned ACJM Court for committal sake and not at all in the Special Court.
36) The lOs should send Memo of Evidence incorporating List of Documents, List of Material Objects and also List of Witnesses along with Charge Sheet and obtain acknowledgement for the same.
37) The IO should enclose injury reports, FSL Report, Medical opinion etc. along with the Charge Sheet while filing in the Court.
38) Any attempt on the part of the accused to threaten the witnesses or to tamper with the evidence etc. the IO should bring it to the notice of the Court and seek denial or cancellation of the bail as the case may be.
39) The IO should proceed u/s 82 & 83 Cr.PC against the sureties, where the accused are absconding and NBWs issued against them.
40) The IO should take prompt and effective steps in consultation with the PP to get the stays vacated by approaching the Superior Courts.
41) The Investigating Officer should produce the witnesses before the APPs for refreshing their memory before they are produced before the court The witnesses or whose 164 statements are already recorded must be warned of action u/s 193 IPC if they turn hostile in the court.
42) It the witnesses in attendance in courts are to be sent back without examination by the Court on the request or due to absence of the accused, the Prosecuting
Officers should insist on the examination of such witnesses or insist on payment of cost to the witnesses by the accused, as provided u/ Rule 11 of SCs/STs (POA) Rules. 1995.
43) The SsP must ensure that the District Magistrate do prepare a panel of Senior Advocates for conducting cases in the Special Courts as Spl PP and send the same to the Government to notification in the official gazette. The District Magistrate may also be requested to review the performance of the Special PP at least twice in a year and in case he has not conducted the cases with due care and caution, his name may be sent for de-notification.
44) The Commissioner of Police / Superintendents of Police Unit Officers may also recommend to the District Magistrate, if so desired by the victims, to engage an eminent Senior Advocate for conducting the cases in Special Court.
45) Summons on the Police Officers to give their evidence should be served promptly and it should be ensured by the supervisory officers that they do attend the Court to give their evidence.
46) Police should assist the Courts in bringing forward the witnesses / accused promptly to ensure smooth and expeditious trial of the case.
47) The dilatory tactics adopted by the accused should be effectively and honestly countered by way of formally opposing the applications for adjournments u/s 309 Cr.PC and also request the Court to go ahead with the trial as provided u/s 317 (1) Cr.PC.
48) The Commissioners of Police / Superintendents of Police should ensure that Special PPs are appointed in every Special Court meant for handling such cases.
49) The cases are getting abnormally delayed mainly due to non-attendance by the accused, non-attendance by the witnesses, lack of commitment on the part of the lOs / APP/Spl.PP/PP etc. It can be countered by formally opposing the exemption from attendance petitions and obtaining NBWs against such accused The lOs should also sincerely execute the NBWs / BWs against the accused and witnesses to ensure speedy trial and also to proceed u/s 82 and 83 Cr.PC against them if situation so warrants.
50) In cases where some of the accused are not attending the court for a long time, the IO/APP/Spl.PP/PP should get the case split up against the absconding accused, who are not likely to be arrested in near future. a$ provided u/s 317 (2) Cr PC.
51) Where there is no likelihood to secure the presence of the accused in near future after framing of the charges, the IO/APP/Spl.PP/PP should request the court to examine the witnesses u/s 299 Cr.PC.
52) The Commissioners of Police / Superintendents of Police must initiate appropriate disciplinary action against the lOs for the lapses pointed out in the Judgment and in cases of lapses on the part of Special PPs the same may be addressed to the District Magistrate / Director of Prosecutions / Ld Legal Remembrancer, Government of West Bengal.
53) The Commissioners of Police / Superintendents of Police West Bengal must actively liaise with the District Magistrate for effective functioning of District Vigilance & Monitoring Committee by way of causing critical review of cases for their expeditious disposal, organizing Awareness Campaigns, seeking involvement of NGOs review of relief and rehabilitation measures, formulation of Model Contingency Plans for preventing disputes and caste related social disturbances, etc.
54) The stringent provisions of the Act including neglect of duty by public servant, forfeiture of property, internment of persons from Scheduled and Tribal areas, imposition of collective fines, if judiciously implemented would create deterrent climate.
55) In all the acquittal cases, the judgment copies should be obtained from the court at the earliest to send the same to the concerned SP or Inspector General of Police-1, CID, West Bengal along with the opinion of APP/ Spl.PP/PP within (20) days for scrutiny and to enable them to take decision regarding filing an appeal or otherwise.
56) The Commissioners of Police / Superintendents of Police should personally review the Final Reports and take appropriate decision at their level keeping the following points in view among other things.
a) Whether the IO has explained the delay in lodging the complaint, if any
b) Whether the IO has examined all the eye witnesses specially those who have been cited in the complaint.
c) Whether the IO has collected the Caste Certificate of the complainant and accused
d) Whether valid appointment orders are placed in the CD file.
e) Whether opinion of the concerned A.P.P /Spl. PP/ PP has been obtained
f) Whether the Investigation Officer so appointed under Rule 7 (1) of SC/ST (POA) Rules, 1995 had completed the investigation on top priority within 30 days as required under Rule 7(2) of SC/ST (POA) Rules, 1995.
57) The District Superintendents of Police/ Commissioners of Police are requested to take action against any Police Officer u/s 4 of SCs/STs (POA) Act, 1989 who willfully neglects his duties required to be performed by him under this Act.
58) The copies of Judgments in all acquitted / convicted cases also should be sent to Inspector General of Police – I, CID, West Bengal.
The above instructions should be communicated to all the Officers — in — charge of Police Stations (including l/C’s) and Investigating Officers.
This issues with the approval of DGP, CID, West Bengal.

Addl. Director General of Police – ll,
CID, Bhawni Bhaban, Alipore
Kolkata- 700 027

Copy forwarded for information and necessary action to

1) All Superintendents of Police including SRPs. West Bengal
2) Commissioners of Police. Howrah and Assansole & Durgapore
3) DIG, Midnapur Range/Malda Range/Murshidabad Range/Railways.
4) Special IG and DIG. Presidency Range/Burdwan Range/Darjeeling Range/ Jalpaiguri Range
5) IGP, Western Zone / North Bengal / South Bengal / Railways

Addl. Director General of Police – ll,
CID, Bhawni Bhaban, Alipore
Kolkata- 700 027

Copy forwarded to DG & IGP, West Bengal, for Kind information.

Addl. Director General of Police-ll,
CID, Bhawni Bhaban, Alipore
Kolkata- 700 027

Source: http://anagrasarkalyan.gov.in/htm/go-circular_rcnt.html

By Karthik Navayan Posted in General
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Shall we allow the Indian state to go on this killing spree? – Let us protest – Public Meeting by Human Rights Forum


Shall we allow the state to go on this killing spree?

A Killing Spree by Indian State: Let us protest

Attend a public meeting

Date – 9th March 2013, Saturday.

Venue – Press Club, Basheer Bagh, Hyderabad

Time – 5:30 PM

Gallows in Belgaum

                           Gallows in Belgaum Central Prison, Karnataka

A Killing Spree by Indian State: Let us protest

The above is the place, with all certainty we can say, where the associates of Veerappan are going to be hanged by Indian state. It is the actual photo of only hanging facility in Belgaum Central prison, Karnataka. It is the mechanized and efficient gallows, where 3 persons can be hanged at a time. Perhaps Indian state is thinking like a Nero, who said, ‘I wish all the Romans have only one neck’.

Indian state seems to be on a killing spree. After Kasab and Afzal Guru, it is the turn of aides of Veerappan, who are lodged in Belgaum Central prison of Karnataka. The prison which incarcerated George Fernandaze during emergency is going to kill them.

It is SC which imposed death penalty

We have to say this even though the Supreme Court stayed the execution of   Gnanaprakash, Simon, Meesekhar Madaiah and Bilavendra on Tuesday. Because it was actually the Supreme Court that converted their life imprisonment into death penalty. That is a symptomatic of the trend that even the judiciary thinks like the executive. There is of course nothing in the law or common sense which says that a higher Court cannot take a more harsh view of a crime than the trial Court. But the general experience has been that trial Courts sometimes get carried away by the emotional overtones of a case or popular perceptions of right and wrong and impose severe punishment. It is usually left to the higher Courts to take a dispassionate view of the matter suitable to the notion of even-handed dispensation of justice.

But in the ‘Veerappan case’ it has been the turn of the Supreme Court to play the role that trial Courts normally do. From the time of the kidnap episode of the Kannada film star Raj Kumar, what has dominated the mind of the Supreme Court is the anguish that small groups of outlaws are dictating terms to the legitimate State, the fount of law and lawful authority. The inability of the administration in Karnataka and Tamil Nadu to put an end to this situation has rankled with the Supreme Court. It even went out of its way, ignoring the normal perimeter of Constitutional propriety, to ask the two Governments to quit if they could not arrest Veerappan.

There is ample evidence to show that death penalty does not act as a deterrent to capital crime, because evidence shows no difference in the frequency of such offences before and after abolition. The real reason why people argue for retaining death penalty is a desire for retribution, which may be understandable in individuals, but not defensible when pleaded by a civilised Society. The impossibility of correcting mistaken judgement of guilt in case of imposition of the ultimate punishment is another consideration to which the retentionists have no answer. Capital punishment does moral wrong by imputing to the offender the full individual responsibility for the offence, ignoring the contribution of circumstances, more particularly of a social character. To these and related arguments, there is no reasonable answer.

But we do not live in the realm of logic and reason, but in that of power and resistance. And power desires the opportunity to impose extreme retribution on its subjects. The Indian state has taken the existing sense of insecurity to its advantage. The resistance built over the decades into the institutions of society, including the law and legal institutions, ought to have been a great asset to day-to-day resistance to the arbitrary demands of power. But that has been the first casualty of the current times. Human rights principles built into the law and legal culture are ceding way to inhuman assumptions about human affairs under the neo-liberal assault on governance. That sets the context for the ideological devaluation of any humanist understanding of crime and punishment.

In the near future all that we can reasonably expect in the matter of the death penalty is therefore an increase in the frequency with which the Courts impose the extreme punishment. And the indifference with which the Executive will reject mercy petitions and quietly execute the people, which the nation will know only after 24 hours.

We must oppose death sentence as a matter of principle. Complete abolition of the death sentence is one of the demands, worldwide, of the human rights movement. As of now 55 countries have abolished death penalty, and a number of countries have restricted it to very exceptional cases. Total abolition has been on the agenda of the U.N for many years now. The United States is one of the countries resisting the reform and India is unfortunately in the same league.

The sense of insecurity that is prevailing in the country in recent past has been taken as a perfect timing by the Indian state to concretely implement what it has been arguing in UN Forum on the death penalty: A big No to abolish the death penalty from statutes and practice.

Shall we allow the state to go on this killing spree? Let’s protest….

Meeting starts at sharp 5:30 PM

Presiding

S. Jeevan Kumar

Speakers

Gorrepati Madhava Rao, Human Rights Forum

D.Suresh Kumar, Andhra Pradesh Civil liberties committee

Lateef Mohammad Khan, Civil Liberties Monitoring Committee

Dr K. Murali, Human Rights Forum

We invite all human rights activist friends to please attend and spread the word, circulate this info among others

Human Rights Forum – Hyderabad City unit

Contact – Mothkuri Srinivas – 09866061350,  Karthik Navayan – 09346677007

By Karthik Navayan Posted in General

(HRF) in public hearing into the proposed Kalyanikhani Opencast Project by the SCC Limited


Objections Submitted By Human Rights Forum

Submission made by Human Rights Forum (HRF) before the panel holding
public hearing on 13-2-2013 into the proposed Kalyanikhani Opencast Project
by the Singareni Collieries Company Limited at Mandamarri in Adilabad
district.

The Human Rights Forum is a citizens’ forum established with the objective
of working for the protection of the Constitutionally guaranteed/internationally
recognised rights of the people, and for the right of the people to propose and strive
for new rights not yet recognised in national or international law. The right to a
wholesome and dignified life is the touchstone for the rights that may be aspired
for. In particular, HRF works for the protection of the right to a clean and safe
environment. HRF is a self-financed organisation whose members for the most part
are from the professions of teaching, journalism and the law.

We submit that the proposed project does not deserve environmental
clearance for a number of reasons which we will elucidate below. HRF believes
that there are serious Constitutional, social, environmental and health hazards that
the proposed project entails. The process is detrimental to livelihoods and will
cause irreversible changes in the ecology of the area.

We have a number of objections to the Environmental Impact Assessment
and Environment Management Plan (EIA/EMP) report which will be listed
out below. Without prejudice to the first submission we set out the rest of our
objections:

Our fundamental submission before the panel is in fact an objection. It
concerns the manner in which the public hearing is being held. We are of the
view that unless and until the issues which are relevant for the environmental
clearance of the project are made public in a form intelligible and accessible
to the people likely to be affected one way or other by the project, this
hearing will be a mere formality, even a farce. For that, it is not enough if the
requirements of S.O.No. 318(E), Ministry of Environment and Forests, dated 10/
4/1997 are formally complied with. Those requirements are merely the minimum

necessary to make the hearing transparent and fruitful. What must in fact be done
by an applicant establishment would depend upon the circumstances surrounding
the project. The S.O No.318(E) that mandates a public hearing is a statutory rule
made under the Environment (Protection) Act, and the aim and object of that Act
is the point of reference for deciding what are the full requirements for making the
public hearing meaningful.

The detailed draft EIA/EMP report in English running into over 400
pages contains a wealth of details including charts, maps and tables all of which
are missing from the Telugu summary which is a mere 17 pages. In fact, the
report in English is an extremely complex and technical one that even a well-
informed person will find difficult to comprehend and interpret. How can the
local people, consisting of largely the peasantry and the marginalised, be
expected to understand it in a language alien to them? The truncated version
in Telugu merely gives a bald statement of opinions and views without any of
the reasoning or information on which it is based. In fact, the Telugu summary
is a mere translation of the executive summary from which an important number of
factual details are not even contained. It can hardly be the basis of any informed
objections. As very valuable rights including right to health and livelihood will be
affected by the project, the local people have a right to have the report
translated into Telugu in full with all the charts, maps and tables so that a
genuinely informed discussion can take place. This is more particularly
necessary in view of the severe hazards posed by opencast coal mining as opposed
to underground mining.

Holding a public hearing on the environmental aspects of the project
without making a copy of the full Environmental Impact report available in
Telugu has thus reduced this hearing to a meaningless exercise.

Even this 17-page report in Telugu has not been made available to
the local people. In fact, villagers who will be impacted and displaced by the
proposed project have no information at all except occasional reports in the
media about the impending project and some pamphlets that the SCCL has
distributed here and there in the area. This is no way in which a public hearing
ought to be held.

The detailed draft EIA/EMP for the proposed project is of very poor
quality and has a number of problems. Assessments trotted out in the report are
highly dubious, riddled with a number of inconsistencies and misrepresentations
and contain glaring omissions.

The project is located in Mandamarri village which is a part of the
area notified under the Fifth Schedule to the Constitution. The project will
affect the villagers in Yerraguntapalli and other villages which form part of
the notified Scheduled Area. It is a fact that government employees working
in this area are drawing the special allowances applicable to the Scheduled
Areas.

In view of this, the provisions of the Panchayats (Extension to the
Scheduled Areas) Act, 1996 (PESA) and the Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (also
known as the Forest Rights Act) are applicable.

The proposed project and the notification of the public hearing are
therefore in brazen violation of statutory rights and Constitutional safeguards
meant for protection of adivasis and the Vth Schedule region.

PESA lays down unambiguously that no project can be undertaken
without prior approval of the Gram Sabhas of the villages which will be
either directly or indirectly affected by the project. The Forest Rights Act also
mandates prior approval from Gram Sabha and safeguarding of the forest
rights of the villagers. Under the Fifth Schedule, prior consultation with the
Tribal Advisory Council (TAC) is mandatory.

Shockingly, the EIA report is silent on this Constitutional position. It
is a matter of grave concern that the District Collector who is expected to be
the custodian of the rights of adivasis should aquiesce in AP Pollution Control
Board going ahead with the public hearing on the basis of such an erroneous
and misleading report that entails compromising seminal Constitutional
provisions. We believe that the District Collector must assert his authority
and cancel the public hearing forthwith. Not doing so would amount to a
mockery of the environmental clearance regime

We have several other objections to the present proposal:

HRF feels that in principle, conversion of the existing underground
mines to open cast extraction and taking up a new open cast mining project
will disrupt the lives of the people living in the villages near the mine
operations. The mining operations will not only pollute the surroundings but also
disrupt the cultural identity of villagers who are resident here since long.

Out of the 699 hectares to be acquired, 546 hectares of land are agricultural,
one-third of which is under double-crop cultivation. Diversion of agricultural land
for non-agricultural purposes will adversely affect the food security of the region.

In an order dated 7-8-2012 in WP No. 24342/2012, Hon’ble AP High Court
laid down the following procedure to be followed, in addition to considering other
aspects, in all cases of conversion of land-use from agriculture to non-agricultural
purposes under AP Agricultural Land (Conversion for Non-Agricultural Purposes)
Act, 2006.

“A Revenue Divisional Officer who receives an application for change of land-use,
shall take the following aspects into account, before according permission:

i. The impact on the ayacut of the immediately neighbouring agricultural land,
on account of the change in land use, in respect of a piece of land;
ii. the potential or necessity for any further expansion of the inhabited area, of
which the land proposed to be put to non-agricultural use is part;
iii. the impact on the resources, such as electricity, water, sanitation, etc., of the
local bodies in the neighbourhood; and
iv. the impact on the environment, particularly the water bodies

For this purpose, the Revenue Divisional Office shall ascertain the views of,
i. the local bodies,
ii. the Assistant Director of Agriculture,
iii.the District Manager, Industries, in case the change in land use is for the
purpose of industrial use, and
iv.the concerned official of the A.P. Pollution Control Board. This shall be
additional to the requirement under the Rules.
In case any non-agricultural activity is undertaken over any agricultural land,
without permission, such activity shall be stopped till specific permission is
issued.”

If the District Collector grants land-use change in violation of the above
direction of Hon’ble AP High Court, he will be committing contempt of the same.
The spirit that underlies the order of the Hon’ble AP High Court is that agricultural
lands should not be allowed to be indiscriminately converted for non-agricultural
uses.

It is common knowledge that wherever SCCL has undertaken coal
mining activity in Adilabad and other districts, there has been widespread
degradation of agriculture, forest resources and land in general. The least that
SCCL should have done is to commission an independent academic institution to
evaluate the adverse impacts of coal mining so that proposals involving projects
such as this could be evaluated objectively and the people in the area fully apprised
of the implications. SCCL has a conflict of interest in preparing the EIA report
as it has certainly underplayed the adverse impacts and exaggerated the benefits,
whereas what is required to be analysed is the overall social costs and benefits. As
such, the present EIA report is misleading and liable to be rejected. Any public
hearing to be held on the basis of such a report is vitiated on that account.

Vital figures related to local area land use and water bodies are not part of the
EIA material. This is a glaring omission.

The project area falls in the Rallavagu watershed. Suddalavagu, described
as an ephemeral stream, will need to be moved. The project aims to maintain the
natural drainage system but it is not clear what this means.

Farmers in this area draw their sustenance principally from streams
such as the perennial Rallavagu and Suddalavagu. The project will evidently
interfere with these water bodies, as the EIA report refers to diversion of 11
hectares of “nala” land. The area to be acquired includes 28 hectares of “river”
land. Diversion of existing streams in the mine lease area to flow through a garland
canal to be connected to the original course of Rallavagu later downstream as
mentioned in the report is riddled with problems. The report states: “It is assumed
that there will be no reduction in the total quantity of flow in the downstream due
to the diversion/removal of the existing drainage in the project area.” This is a
highly specious claim. The disruption of the natural flow of this important
perennial stream, which is a lifeline in the area, has grave implications for the

local ecology and livelihood of farmers in the region. Water security will be
grossly undermined. The EIA report completely glosses over these facts.

Moreover, the mining operations, irrespective of the safeguards provided,
will contaminate these water bodies and affect the livelihoods and the health of the
people. The EIA report, prepared by SCCL itself, is conveniently silent on this.

The land to be acquired includes 303 hectares of “scrub” land and 46
hectares of “plantation” land. These lands support the livelihoods of the local
people. A majority of the residents of Yerraguntapalle draw sustenance from
a vibrant diary industry by supplying milk to about 50,000 people in several
villages in the region. This livelihood is possible because grazing land is
available in abundance for their cattle, apart from water availability in the
Rallavagu which flows nearby. This would be lost if the project materializes.
The livelihood of farmers and cattle-rearers would be badly hit if the project
materializes. The EIA report makes no mention of these important facts. Had
SCCL engaged an independent academic institution to evaluate this aspect, a true
picture would have emerged. It is clear that the present report has suppressed these
facts.

The socio-economic impact analysis attempted in the EIA report is
highly unprofessional and misleading. It has merely referred to the 350
persons who will be physically displaced as a result of land acquisition but
not the thousands who will be indirectly displaced as a result of the project.
Residents of Yerraguntapalle and Peddannapalle draw water from the
perennial Rallavagu. In the former village they even raise a double crop.
The EIA report completely omits these facts. It will be erroneous for the
authorities to hold a public hearing based on such a misleading study.

The report on hydrogeology also contains grave errors:

The maximum depth of mining is given as 230m. Aquifer
performance test was done on a bore well at a depth of 183m. The area constitutes
multi-aquifer system including phreatic i.e shallow aquifer followed by multi
layered confined aquifer system. Groundwater data on water level depth,
fluctuation are collected from dug wells which are to a maximum depth of 14m.
There is no data on deep aquifers.

Open cast mining penetrates the shallow as well as deep aquifers and
therefore, groundwater estimation has to be done for the deep aquifer system also.
This information is lacking. Impact of mining on groundwater in the present
underground mining is said to be nil as indicated by water table fluctuations. That
confirms that there is no hydraulic continuity between shallow and deep aquifers.
But in open cast mining both the aquifers will be pierced by a common pit.

Regarding groundwater pollution, it is stated that there will be no pollution
from coal mining as it is not a chemical industry. But coal beds at deeper depths
are under different environment with respect to pH and Eh. Coal is known to
contain sulphides. Reducing environment prevails in coal and shale beds.
Therefore iron is under ferrous state which is soluble and hence leaches with
groundwater when it is drained in mining. Therefore, acid conditions as low as pH
3 and high iron content with a few hundred ppm are common in the mine waters.
Heavy metals also will be significant which are effected by the Eh parameter.
There are many examples of open cast coal mining in countries polluting ground-
waters as well as surface waters. Clearly, there is confusion in evaluating the
groundwater conditions and the impact of mining on groundwater. The effect of
pollution is also largely ignored in the EIA report.

The mining operations will generate 30 MMT of coal and 365 McuM of
overburden. This in itself will degrade the land and pollute the environment, apart
from the noise pollution on account of the drilling, blasting and transportation
activities. An independent study in respect of the existing mine operations would
reveal a true picture of the disruption that such mining would cause.

In view of the above lapses in the EIA for the project including violation
of constitutionally mandated provisions, damage to human health, likely loss of
livelihood to farmers from destruction of a precious irrigation source and crop
yields, HRF strongly opposes giving environmental clearance for the proposed
project. We further demand abandonment of this extremely destructive project.
The public hearing must be cancelled as the EIA study in its present form is a
highly misleading one.

Holding a public hearing in the face of such brazen statutory violations and
glaring anomalies will amount to a meaningless exercise. The proposed project
entails unacceptable environmental and human livelihood costs.

VS Krishna
(State general secretary, Human Rights Forum)

Date: 13-2-2013

Address:
VS Krishna
54-11-59/2
Gazzetted Officers Colony
Visakhapatnam-530022

Ph: 0891-2543817, 09440411899

By Karthik Navayan Posted in General