Social and Political state of justice in Chhattisgarh

Just about a week ago we heard the Supreme Court grant bail to acclaimed social activist Binayak Sen. The bail along with the proceedings of the lower court raises some very serious questions on the system and method of governance at the state level. Here I will only take into consideration the Binayak Sen case in the present day state of Chhattisgarh. Having parents who work in similar fields in Jharkhand and who know Binayak Sen and his wife Ilina Sen personally for the past 10 years I feel, I may have a slightly different perspective.

Binayak Sen was, while advocating nonviolent political engagement by the BJP ruled Chhattisgarh state, arrested in May 2007 on charges of sedation. He was subsequently kept in solitary confinement and has been in jail for around 2 years since then. He was charged under 124A of the IPC. Before we move on, a small discussion on the 124A. This law has been repetitively criticised by many people for a long time. Not only has it been termed old and colonial but has also been a hindrance to the liberal and democratic nature of our country from time to time. Gandhi in 1922 while pleading guilty of sedition declared –“I have no desire whatsoever to conceal from this court the fact that to preach disaffection towards the existing system of government has almost become a passion within me” He went on to say that “affection cannot be manufactured or regulated by the law” and described section 124A as, “the prince among the political sections of the Indian Penal Code designed to suppress liberty of the citizen.” The same law has, and is, being used even today. Bal Gangadhar Tilak, one of India’s most loved patriots was charged under this law, twice. Even Nehru criticised this law way back in 1951, calling it “highly objectionable and obnoxious” in parliament!

Anyway moving on, we come to the question, why, even after such seemingly lack of evidence and public outcry was Dr Sen sentenced to life by the high court? To answer that question we shall move back to the politics and state of affairs in Chhattisgarh. Chhattisgarh as a state is rich in minerals and natural resources and this has resulted in a lot of interest been shown by huge multinational mining and industrial projects. Now these companies not only get cheap labour and resources, they also see an easily manipulative and easy to bribe political and bureaucratic setup in Chhattisgarh. Social welfare is frankly the least of these companies’ motives and we don’t need a research to see that this also goes for the bureaucrats and politicians.

So now we have the money hungry politicians and bureaucrats and the profit driven companies. But in Chhattisgarh we have another factor coming into play. The Maoists are a strong organisation and have a three decade old established setup in Chhattisgarh. Now the companies of course cannot run any industry or mine with the maoists opposing it. And so, the state in order to drive the maoists out, devised the most undemocratic, violent and inhuman methods in the form of Salwa Judum. The method involved arming common villagers to fight the maoists. Not only did it result in hundreds of innocent civilians being tortured, raped, or killed but also in thousands of people being displaced from their native places. And for a tribal there is nothing that is more painful than being separated from his homeland, for that is what he is.

So then we have social activists like Dr Binayak Sen who have been working for the people dedicating their lives for the good of the society, voicing their dissent against the methods and activities of the state. Binayak Sen, who demanded proper rehabilitation for the tribals and stopping of the Salwa Judum, was instead locked up and charged with sedation.

We can debate on the solutions the state can implement, but if the state resorts to violence to carry out processes of consent, then communities that survive on natural resources cannot be expected to lie down and die. When the people at the helm of affairs are corrupt to the core there are really slim hopes of justice. There are people who think that Dr Sen has been rightly convicted for ‘hating’ India, and that justice has been delivered with a strong and iron hand. Millions of indigenous and rural people among whom Dr Sen worked are also those who ‘hate India’. That may be true because they belong to ‘Bharat’ and not the ‘India’ that you seem to represent which wants to run this vast country like a colony, similar to the British and Mughal empires. Open your eyes and find out who really is looting our country- is it doctors like Binayak who have dedicated their lives to the poor or the politicians and businessmen who hide behind pseudo-patriotic slogans every time someone challenges their exploitation?

The above written is largely personal opinion. The rest is fact.

Written by Kabir Sagar Ghosh on 24th April, 2011 5.17 PM

LOKPAL POLITICS: THE MAKING OF THE ONSLAUGHT

Though the whole nation is a stakeholder in corruption,

but the stakes vary to the detriment of the nation.

The movement for Jan Lokpal Bill to become an act was in full swing. The Drafting Committee for the bill, for the first time in the history of Independent India, comprised members of Civil Society. Though the mannerism of the Hazare Campaign suffers with serious anomalies and lacunae, it is indeed a positive step towards curtailing the Corruption. A few misgivings from the Campaign are that the 5 members of Civil Society have not been elected in a democratic manner and the misunderstanding of Representative System of Democracy by Hazare. But at the end of the day, it deserves more praise than criticism because these are the people who were willing and stood up to change the status quo.

The Lokpal bill has been there since 1968 but apart from 1985 when it was withdrawn by the government it has never been passed by the Parliament, be it due its dissolution or MPs’ harangue on strict law v. personal interests. This time also the progress made by the Campaign was not liked by some Political Personalities or they saw in it an opportunity to reaffirm their Political affiliations.

To talk of the latest developments, the CD released by Amar Singh claimed to be one containing Shanti Bhushan’s secret conversation with Mulayam Singh Yadav has a very dirty political tinge attached to it. Whether the CD is doctored or original, the fuss about that is going on between Forensic Labs. The CD says something about Shanti Bhushan’s assurance to Mulayam Singh about Prashant Bhushan’s (his son) capability to obtain a favourable judgement from a judge by bribing him in a case concerning him; but is it not an issue concerning the probity of a Judge? A politician who is in the knowledge of such facts but exposes these only when he can extract a personal benefit out of it for himself or his political party sets the lowest example possible for the Country’s Politics. It tantamounts to abetment of corruption in Judiciary.

When Amar Singh targeted Bhushans for undervaluation of their properties, obtaining plots from UP CMs discretionary quota et al, the only thing which defeated the understanding of the common man was the reason for withholding of this information by him till date. There was a reasonable suspicion that there might have been a nexus he might have had with these kind of murky dealing taking place all over the place which so debilitate and effeminate him to bring these to fore never but on the advent of an opportunity surpassing the fruits of keeping the info under the lock.

When Digvijay Singh targeted the weakness of Santosh Hegde as a member of the Civil Society in Drafting Committee, citing his laxity in the perusal of the investigations as the Karnataka Lokaytukta against the State’s CM Shree B.S. Yediurappa, he should have known the ambit of Lokayukta Powers. Ignorance is not expected from the people who are supposed to eliminate it.

Finally to conclude, this opportunistic brand of politics will do nothing but wreak havoc for the development of the Country. The Country is in dire need of a strong anti-graft statute and if the movement which has shown the capability of giving it to the nation breaks up, disembarks or gives it up, then the future looks very bleak......

NO DEVELOPMENT IN WEST BENGAL UNDER LEFT GOVERNMENT

The demolition of 'Adarsh'...

Its a very recent news that court proceeding for the Adarsh building will be held on 27th April. Mumbai High Court will listen to all the testimonies, views from the the Adarsh building committee and also from the environmentalists. Its a simple phenomenon that even if you demolish Adarsh society then also there can be no revival of the enviornment.

There is no doubt that it was one of the hottest issues in the winter session of Maharashtra legislature. Adarsh issue together with Lavasa city issue. The building may be demolished and there will be certain other losses now such as-

i) Cost of the construction.

ii) Building material which cannot be used again.

iii)Cost of architecture, maps and blueprint.

iv)Loss of time used in legislature because even a session of legislature requires money.

These are just few losses which I have stated here. There might be many more losses which may not have not come in light. All this is because of politics. If the Adarsh is the result of the ruling party then the opposition desperately wants it to be demolished.

It's a simple principle that if any project is started by the ruling party which requires some tenure of 8 years (for example) and if the opposition party comes to power and they have negative image of politics then they will surely try to stop the project and finally when it will come to the light of the people and other committees then the ruling party will blame to the x-ruling government.

The committee will declare some time to submit the report. Before the committee is formed there is politics in the legislature followed by the ratification process. Its a hard core process.

Finally, the loss is incurred by the government in the financial terms and partly the time for development is lost. If the government suffers the financial loss then who indirectly suffers. It is suffered by the people who pay tax.

Loss of people, is the loss of the democracy. Loss of democracy= result of negative politics (Demolition of 'adarsh')

Demolition of Adarsh in two means (one is Adarsh society and other one is inner virtues).

Thanks.

Let the spirit of democracy be in positive means.

Raj Agrawal