The Ground Report India - 2009 November Edition PDF

Ground Report India (GRI) November 2009
GRI - November 2009 3
Editorial 3
IF MEDIA WERE NOT FREE WOULD SEND SHIVER DOWN BACK OF LORD CHIEF JUSTICE 3
Cover Reports 5
Legal Notices served to PMO & Union Govt. for transparent selection of Chief CIC 5
PRESS RELEASE on RTI issues from Arvind Kejriwal and other RTI activists 5
People's Campaigning for the Repeal of AFSPA 7
The Deadly Challenge Of Climate Change and Nature Human Centric Vision 8
Open Letter to Media through Ground Report India by Jagdish Tytler, Former Union Minister, Government of
India 14
International 16
Energy-saving buildings: agreement reached 16
An appeal for Fr N. Van Ly 17
Ontario Government in power not jail? 17
SINGAPORE: DEFAMATION CASE THREATENS PRESS FREEDOM 18
[AHRC Joint Statement] INDIA: Government of West Bengal must act to prevent further starvation deaths 19
"US and China disappoint the world", says Jo Leinen 20
Day of the Imprisoned Writer 2009 21
Reports 23
An Appeal for saving RTI Act in Bihar 23
Umpteen number of muslims, dalits were forcibly evicted illegally in Kolkata- no rehabilitation and / or
resettlement 23
NEAA stayed clearance for 1200 MW Power Plant at Janjgir-Champa, Chhattisgarh 24
CIC Selection: The briefest of briefings 25
Parvati died, after bereaved her sons and daughter; who will answer the forcible eviction of Bellilious Park and its
affects on inhabitants 27
Press Release by Citizens Initiative for Peace 28
'Say No to RTI Amendments' Dharna, NCPRI 29
One muslim youth inhumanly tortured by some armed hooligans of the Indian state 30
Death Penalty hanging over Professor Davinderpal Singh Bhullar 31
Bastar Range: youngest I.P.S officers take this range towards road to peace (From the perspective of the poor
[Nange Paon] people) 32
One more extra judicial killing of an Indian dalit by the Border Security Force and acquiescence of police 33
www.groundreportindia.com 1
Naxals destroy two school buildings in Dantewada 35
Indian citizens including the minors have to know all the names of the ministers of Indian Government 35
Getting a fake FIR instead of information under RTI, (Bihar state RTI reality) 37
MAHARSHTRA GOVERNMENT SPONSORED PROGRAMME FOR VIOLATION OF BASIC, FUNDAMENTAL

CONSTITUTIONAL HUMAN RIGHTS GUARANTEED BY THE CONSTITUTION of INDIA 37
Why are most CICs Delhi-wallahs & Central Govt babus? Unconstitutional! 39
Agitate for Proper Selection of Chief CIC 40
AN APPEAL TO THE HONOURABLE PRIME MINISTER & CHIEF MINISTERS 41
Release of police officer from 'Maoists' custody & aborigines from judicial custody : few questions on
judiciary 41
Columns 43
Nuclear Accountability : missing link at Kalpakkam 43
Bhopal - Indian government must end 25 years of injustice 45
CIC Selection: How PMO and DOPT duped 3 RTI Applicants 45
THE SPECTRUM SCANDAL AND THE CBI 48
If DoPT dumps another Chief CIC on us, let us shave our heads in shame! 49
Reports by NGOs 50
"SHIKHA SOPAN" An Initiative of IIT Community for social upliftment 50
About Ground Report India 52

Publication Policies: 52
Email Policies: 53
Disclaimer: 53
GRI - November 2009
Editorial
IF MEDIA WERE NOT FREE WOULD SEND SHIVER DOWN BACK OF LORD CHIEF JUSTICE
Wrapping sandwiches or fish and chips in that morning’s newspaper indicates the lack of importance many people give to the day’s
news. True, “the best tings in life are free”, goes the maxim. But while news, be it in a newspaper, on radio or on the television, may be
free or very cheap to the people who read, see or hear it, it is actually very expensive both in money terms and in the exertions and
sometimes the lives of the journalists, photographers and other media people whose task it is to discover and report the news.
This week 12 journalists were massacred in the Philippines. Why? They were covering the wife of a politician going to table his
candidature for a forthcoming election, and the politician’s opponents did not like that. According to INSI (International News Safety
Institute) 63 journalists and media staff have been killed at work this year, and well over 1000 in the last ten years. The record number
of journalist and media staff deaths was in 2007, with 145 killed.
Most of these were deliberately murdered, either to stop them publishing information or as punishment for something they had
written (in the press) or said (on radio or TV).
The media is the fourth estate of a civilised society. Like the other three – the executive, the legislature and the judiciary – it has to be
totally independent of the others if it is to do its job. And it has to be entirely honest, publishing the truth, irrespective of whether that
hurts those responsible for shady dealings, fraud or any other crime.
Its job is vital. It is to inform everyone – from the President and Prime Minister to the man in the street – of what is happening, what
is going to happen, and what has just happened.
This information is vital to everyone, as everyone bases his or her actions on what is happening and what he/she thinks is going to
happen. This is as true of the Prime Minister and the Government as it is of business, trade and everyone’s daily life.
“Knowledge is power”. And knowledge consists of two elements: the wisdom and information one has learned through education and
the experience of life, and the information one has of what is happening in one’s business circle, in the country and in the world. This
information comes in many forms, from one’s friends and contacts, from an information network, if one is a big business, a political
party or a government, but principally from the media.
Every politician starts the day by glancing over the newspapers and listening to the morning news on the radio, or if he is an
important politician or businessman, underlings will prepare for him a summary of that morning’s news. He has to know what is
happening and what is likely to happen in order that he can take the right decisions, be it about governing the country, about his
business or, for the man in the street, about how to live his daily life.
When there is a big earthquake miles away under the ocean and a tsunami is heading towards one’s country, those who listen to the
news can get away, while those who do not are going to be drowned and swept away.
Similarly in other fields of life if the decision makers know what is going to happen, they can take correct decisions. If they do not
know, they make mistakes. They buy at the top of the market or fail to prepare to defend the country from some imminent danger.
Being the fourth estate places a big responsibility on the shoulders of the media and its journalists. They have to maintain high
standards to be credible, reporting news truly and honestly. Its journalists must write or speak clearly and well. They must not practise
self-censorship for fear of what the authorities or others might do if they publish something.
“Publish and be damned” is the motto of all self-respecting newspapers, news magazines and radio and TV programmes.
This is not special pleading by a journalist or by the media. The importance of free and independent publications and radio and TV
programmes was stressed by Britain’s Lord Chief Justice, Lord Judge, last week.
Speaking to the Society of Editors in Stanstead, England, Lord Judge argued that an independent judiciary and an independent press
were “twin cornerstones and bulwarks of a free society”. Newspapers should not be beholden to public authorities.
“I do not want the press to become the broadsheet of those institutions,” continued the Lord Chief Justice. “I do not want
proceedings of the local council to be reported by an employee of the local council and the proceedings of court to be reported by a
member of the judicial communications office. Spin is neither a cornerstone nor a bulwark of a free society.”
Lord Judge added that the prospect of papers relying on handouts from council press officers “should send a shiver down all our
spines”.
He also pointed out the importance of the media reporting honestly and pointing out mistakes. And he opposed state funding of the
news. “I remember that he who pays the piper calls the tune.” If journalists were not free to walk into court, walk into council or walk
into other places where important decisions were being taken, and if they were not free to write up what they had seen and heard,
“the public interest is damaged”.
Knowledge is power. For that knowledge we depend on the media, on the newspapers, radio, television and electronic news, and on
that news being true and correct.
Some foolish people try to influence the media by lying to them or by forcing them to write and report untrue things. Some politicians
and some businessmen have information officers who spread disinformation or propaganda. In some cases they may even succeed in
making the media report things that are not true. But the media – whose editors and reporters are not fools – will soon find out. After
that, they will not believe a word from those politicians or businessmen.
(This is not an attack on information officers, many of whom are honest and do their job well. They are a boon to society, as they help
the media to collect and then report the news. We only criticise those who try to distort or manipulate the news.)
Some governments vote themselves special powers so they can control and censor the press. In countries like Russia, China and
Zimbabwe, they arrest, imprison, torture and sometimes kill journalists for saying or writing the truth. In other countries it is organised
criminals who harass journalists and sometimes kill them to prevent their crimes and wrongdoing becoming public knowledge.
But good and honest journalists do not let themselves be frightened or bribed to write lies. Some of them suffer fines and
imprisonment because they publish the truth, be it about official incompetence, corruption or other crimes.
It is in the public interest that there is a strong and independent media in all countries. It is also in the interest of all levels of
government. Good reporting and honest media often throw the light on errors and dishonesty, enabling wise managers, wise
politicians and good government to correct and improve things that have not worked out as well as their originators had expected.
Let us pray that there will always be brave and honest journalists who will see what is happening and have the courage to report it.
John Szemerey FCIJ

Chairman: International Division, Chartered Institute of Journalists, London
-----------------------------
Cover Reports
Legal Notices served to PMO & Union Govt. for transparent selection of Chief CIC
Delhi, India
The movement for transparency and accountability belongs to us all – not only to Anna Hazare, Aamir Khan & Baba Ramdev. Let
nobody use their brand-image to enthrone celebrity-activists like Kiran Bedi or Shekhar Singh. Instead, let us empower the common
people and street-level activists to make government answerable. No more stopgap arrangements, no more arbitrary and hush-hush
selections of Central or State Information Commissioners… Enough is enough! Together, give a big push for genuine Swaraj and
nothing less.
WHAT WE DID:
1) We served LEGAL NOTICE today on Prime Minister’s Office, Law Ministry and DoPT for mandatory disclosure of
procedures and norms of selection of Central Information Commissioners under Sec. 4 of RTI Act. Read Notice here: http://
www.box.net/shared/7bsl37cuzg
2) G R Vora and Mohd Afzal wrote LETTERS TO PMO, DOPT & LAW MINISTRY yesterday. Copeis were endorsed to Mrs
Sonia Gandhi & L K Advani, Leaders of UPA & Opposition in the Lok Sabha, and to Rahul Gandhi, General Secy, Congress Party.
Read draft of letter here: http://www.box.net/shared/4m6p7lmys2
3) Today, G R Vora wrote a separate LETTER TO ARUN JAITLEY, Leader of Opposition in the Rajya Sabha. Read draft of
letter here: http://www.box.net/shared/zvj4a48kzn
This letter was dispatched by courier, and also faxed to Mr Jaitley on 011 2923 2358. Receipt was confirmed on his landline number
011 2923 7483.
WHAT YOU NEED TO DO:
A. To maintain public pressure for transparent CIC selections, we urge you and your friends to SEND THE ABOVE
LETTERS ON YOUR OWN LETTERHEAD by post or by fax. (All necessary postal addresses are included in the letters.)
B. Suitably modify the draft legal notice and SERVE LEGAL NOTICE TO YOUR OWN STATE GOVERNMENT. (If it can
be improved in any way, please email us your improved draft.)
Getting transparent & open selection of all CICs and SICs in future is the key to proper implementation of our sacred Right to
Information. Let us say in one voice to all those who rule in our name: TRANSPARENCY & ACCOUNTABILITY – WE WILL
SETTLE FOR NOTHING LESS.
By:
Krishnaraj Rao
--------------------------
PRESS RELEASE on RTI issues from Arvind Kejriwal and other RTI activists
Delhi, India
A large number of RTI activists from the country including convenors of state RTI forums of MP, Bihar, West Bengal, AP, TN,
Orissa, Delhi, Gujarat, J & K, Punjab, Haryana, Manipur and Maharashtra have written to the Prime Minister, Mrs Sonia Gandhi
and Mr Lal Krishna Advani demanding that the next Chief Information Commissioner be appointed through a transparent, inclusive
and participatory process.
Since the last two days, several names are floating around as being in consideration list of DOPT. Intense lobbying is believed to be
going on for these posts. “How did these names make it to that list? Who lobbied for whom? Why were some names found less suitable
and others more suitable?” – the letter sought to know from the government. Such secret, unholy and unhealthy lobbying “weakens
democracy and promotes godfather culture.”
“The least the government ought to do is to fulfill its obligations under section 4 of RTI Act, which requires every public authority to
make public the reasons for all its administrative and quasi-judicial decisions public. Kindly disclose the names on the final
consideration list. Which names were received by the government from across the country? In addition to Kiran Bedi, we understand
that the Government has received candidature of at least 100 people. How were some of them found suitable and others unsuitable?”
“Would you not agree that these posts have so far been used to reward political loyalists and conformists? Take the case of Omita Paul,
who has been on the staff of Mr Pranab Mukherjee for several years. Before last elections, the government sought special permission
from Election Commission and appointed her as Information Commissioner. As soon as UPA came back to power, she resigned and
joined the minister back, in less than two months of being appointed as Information Commissioner. Obviously, her appointment as
Information Commissioner neither served public interest nor promoted the cause of RTI.”
The letter alleged that the Information Commissions had completely bureaucratized RTI. The problem lies with the appointment
process. The law prescribes an appointing committee but does not lay down any appointment process. Ordinarily, such process should
have been laid down in the rules. However, no rules have been made prescribing how the nominations/applications would be invited,
how they would be evaluated, how would the shortlists be drawn up etc. This has created a scope for complete arbitrariness and
unholy lobbying.
The Act lays down a wide eligibility criterion – Information Commissioners shall be persons of “eminence” in public life. A perusal of
the list of Information Commissioners makes one wonder how was this criterion of “eminence” examined? People who worked in
PMO have been appointed as Information Commissioners. Government’s spokespersons have been appointed. Two DOPT secretaries
have been appointed as Information Commissioners.
In some states, active party workers have been appointed as Information Commissioners. During hearings, they openly threaten
people against seeking politically embarrassing information. One Chief Information Commissioner has worked with the present Chief
Minister of that state for more than a decade. Several Chief Secretaries and Secretaries have been appointed as Information
Commissioners. Last year, one State Chief Commissioner was suspended on corruption charges. His successor has recently been fined
heavily by High Court for wrongdoings committed by him during his previous appointment. Given their backgrounds, political
loyalties and direct conflict of interest, how can one expect them to safeguard the citizens’ rights vis a vis the powerful Establishment?
Information obtained under RTI Act shows that those who have to be appointed are pre-decided. If there are two vacancies, four
names are presented on file out of which two are dummies.
Compare this with the process adopted by Indonesia. They have just finished appointing 7 new information commissioners. The posts
were widely publicized in 5 national dailies. Out of 330 applications received, 243 were screened in. Public feedback was invited on
these 243 names through website and newspaper advertisements. NGOs actively participated by tracking down the pasts of candidates
and feeding it to a search committee (specially appointed by the government for this purpose with representatives from within and
outside government). These 243 candidates were also subjected to psychological and written tests. On the basis of these inputs, the
search committee suggested 21 candidates for seven posts to the House. A Parliamentary committee then subjected these 21
candidates to two days of grueling interviews, conducted in full public view, and finally sent seven names for appointments to the
President.
South Africa also follows a similar process.
There is no reason why we cannot make our process similarly transparent, inclusive and participatory. This process could of course be
modified through wider consultations, to suit Indian conditions, should the government decide to adopt such a process. You don’t need
to amend RTI Act for that. You can do it by making rules.”
In separate letter to L K Advani, the activists asked “Would you not like to first have the government put transparent and inclusive
systems in place by prescribing necessary rules? In the absence of such process, the role of Leader of Opposition in appointing
committee gets reduced to merely endorsing whatever government proposes in the committee. Till such time as the government makes
such rules, we urge you not to attend any of the meetings of appointing committee to approve any further appointments to the posts of
Information Commissioners as has been happening in a completely arbitrary fashion in the past.”
The activists have called upon UPA President Mrs Sonia Gandhi to personally intervene.
Please click for letters-

Letter to the Prime Minister of India
Letter to the Leader Opposition
Letter to Mrs. Sonia Gandhi
----------------------------------
People's Campaigning for the Repeal of AFSPA
North East Region, Jammu & Kashmir; India
RESOLUTION
We the civil society groups from Jammu and Kashmir and the North East affected by militarization and Armed Forces Special Powers
Act (AFSPA) and other organizations in solidarity, having come together from 12 to 14 November 2009 at New Delhi and deliberated
on the issues of AFSPA,
Taking cognizance of the prolonged imposition of the Act in one part or the other since 1958 and its adverse impact on the
democratic rights of the peoples of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Tripura and Jammu and
Kashmir,
Concerned that AFSPA continues to be the most important repressive tool of the Indian state that empowers even a non
commissioned officer of the armed forces of union to kill on mere suspicion and provide legal immunity from prosecution, thereby
causing untold misery and agony among the peoples of the affected regions,
Concerned over the importance being given to AFSPA on the part of the state in the context of the increasing militarization of the
society in the sub-continent especially after 9/11 and the growing communalization of the polity in India as a whole,
Concerned over the way the media is reporting incidents of violence in J&K and the North-East by and large ignoring the assault on
human rights by the guardians of law and order and broadly endorsing, in the name of 'national security', those policies of the state
that militate against democratic norms and humanitarian principles.
Noting that this Act has led to gross civil and political rights violations including enforced disappearances, extra-judicial execution,
torture, inhuman and degrading treatment, rape and other forms of sexual violence against women, arbitrary arrest and detention,
Further noting that the imposition of AFSPA also has severe economic, social and cultural cost including erosion of civil
administration, lack of access to education, basic health care, destruction of properties and sources of livelihood, and environmental
destruction,
Further noting that the continuation of the 'disturbed area' status under the AFSPA in many part of the country is illegal in view of
the violation of the mandatory six monthly periodic directed by Supreme Court in its 1997 Judgment.
Further noting that the climate of impunity entrenched in these areas have led to the complete failure of the Rule of Law including
non-registration of cases against the armed forces, and even if the few cases where investigations are completed the criminal
prosecution is pending for want of sanction from the Central Government on the application send by the State governments,
Recalling the Government of India's own B.P. Jeevan Reddy Committee (2005), Administrative Reforms Commission headed by
Veerappan Moily (2007) and Working Group on Confidence-Building Measures in Jammu and Kashmir headed by Mohammad
Hamid Ansari (2007) have consistently recommended the repeal of AFSPA,
Further recalling that different committees and commissions set up by different State Governments into specific incidents of
violence have also acknowledged the unbridled power the security forces enjoys under AFSPA.
Emphasizing that the regions where AFSPA has been imposed, there exist suppressed democratic aspiration of people and the
prolonged imposition of AFSPA has resulted in deepening the cycle of violence, repealing AFSPA will open up the necessary
democratic space for addressing the root causes of the political instability.
Therefore the collective unanimously Calls upon the Government of India
1. To repeal immediately
• The Armed Forces (Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura) Special Powers Act,
1958 (as amended in 1972), and
• The Jammu and Kashmir Armed Forces Special Powers Act, 1990
2. To refrain from inserting any part of the Acts into any other legislation granting unbridled powers to the armed forces of the
union or the State police.
Calls upon the people of India to support the ongoing campaign for the repeal of the Armed Forces Special Powers Act and resist the
increasing militarization of democratic spaces.
Participant organizations:
• Association of Parents of Disappeared Persons (APDP)

www.disappearancesinkashmir.org
• Boro Women Justice Forum (BWJF)
• Borok People's Human Rights Organisation (BPHRO)
http://en.wikipedia.org/wiki/Borok_People's_Human_Rights_Organisation
• Borok Women's Forum (BWF)
• Campaign For Peace & Democracy (Manipur) (CPDM)
• Centre for Law Development (CLD), Srinagar
• Human Rights Alert (HRA)
• Indian Social Action Forum (INSAF)
www.insafindia.org
• Jammu & Kashmir Trade Union Centre (JKTUC)
• Karbi Nimso Chingthur Asong (KNCA)
• Manipur Students' Association Delhi (MSAD)
http://msad.kanglaonline.com/
• Muslim Khawateen Markaz (MKM)
http://khawateenmarkaz.com/
• Naga Peoples Movement for Human Rights (NPMHR)
• Naga Women Union Manipur (NWUM)
• New Trade Union Initiatives (NTUI)
http://ntui.org.in/
• Saheli Women's Group (NWG)
• Samindar Karbi Anime (SKA)
• The Other Media (TOM)
•
Report by-
Jyotilal Longjam
-------------------------
The Deadly Challenge Of Climate Change and Nature Human Centric Vision
For full article please click on Full Article
The Deadly Challenge Of Climate Change Began To Arise Only 250 Years Before
The UNIPCC report clearly states that the planet earth was pollution-free before the advent of capitalism some 300 years back.
By1750, pollution began to appear. The expert reports point out that increase in Green Houses Gases (carbon dioxide, methane and
nitro-oxides) concentration, was primarily because of fossil fuel use and land use change. While the increase in carbon dioxide was due
to fossil fuel use, the methane and nitro-oxides concentration was because of agriculture. In particular, the increase in carbon dioxide
concentration from 280 ppm( part per million) in 1750 to 379 ppm in 2007 is far greater than the natural increase ( from 180ppm to
300ppm) over the last 650,000 years.
According to the scenario for the lowest stabilization level assessed by the IPCC, a long term goal in line with the latest science
would include a peak in emissions in the next 10- 15 years and a decline of the emissions by 50% over 2000 levels by 2050. this would
stabilize emissions at around 450 PPM Co2 eq in the atmosphere and correspond to a 2- 2.4C rise in temperature
Nature-Human Centric Vision

Nature-Human Centric Vision:-- The vision of Nature-Human Centric Peoples Movement to anticipate the future or coming events.
Nature-Human Centric Peoples Movement’s assessment is that it is going to be a highly challenging future. A look at 2050 shows that
we shall be confronted with 5— fatal challenges.
A. The first one is challenge of global warming, the most deadly for the human community---- finishing it for ever.
B. The second one is increasing human population which will go up to 9.5 billion more than the 8 billion capacity of our planet
earth.
C. The third one is agricultural crisis due to varying environmental and human factors. Decrease in the area of cultivation and
disruption of agro-factors.
D. The fourth one is decrease in the availability of pure drinking water, causing human health crisis.
E. The fifth one is spread of fatal and irremediable diseases.
II What is the cause of these challenges ? it is the ongoing system which is capital based, market-led, individual or self-oriented and
headed by the money equipped highly corrupt politicians.
III Then what is our task ? It is to mobilize the people against the ongoing system, its capitalist base, market priority and individual or
self-orientation.
IV What is our alternative to this system? It is to establish Nature-Human oriented system, based on the following socially just
principles.
Nature-Human Centric Immediate Agenda

Nature–human centric peoples movement (NHCPM) maintains that, given an all-embracing dreadful environmental-
humanitarian global crisis, the world needs an immediate agenda corresponding to its existing ground realities.
The first ground reality of the world is the prevalence of a life or death challenge of climate change to all bio-phenomena on the
earth.
Here, naturally the problem is as to who should organize the repairing work to climate damage. Since corporate sector is the
creator of the climate change crisis and since all major corporate powers have so far failed to make a proper response to the
environmental changes occurring in the past, it will be more appropriate that the present climate repairing task be handed over to the
U N General Assembly instead of entrusting it over to the Security Council or G8 group or big Corporate Business Circles –all of
which are dominated by corporate vested interests --- the real creators of the challenge of global warming or climate change. In the
General Assembly, where the decisions are taken on the majority basis, there is little likelihood of the superpowers or rich nations
domination. Each meeting of the UN General Assembly will elect its chairman from among its members and the UN Secretary
General will act as the spokesman of the General Assembly.
The second ground reality of the world is the existence of various tension-points among different countries of the world. Here,
the UN General Assembly should take the following steps.
The forging of a treaty of peace and friendship among all countries of the world, declaring that they will resolve all conflicts, big
or small, between them through peaceful means.
The third ground reality of the world is the prevalence of various divisive and differenciated approaches and standpoints among
different countries of the world, especially among the big powers, on the issues facing the world.
Here the task is to resolve all disputes in a peaceful way to establish a firm peace in the world, because world peace is the basic
requirement to the challenge of climate change.
Further, every effort should be made to persuade countries to follow a foreign policy based on peace and friendship.
Here, the UN General Assembly should undertake to establish a firm peace in the world by taking the following steps: Peaceful
resolution of all disputes in the world, particularly Jammu-Kashmir , Palestine, Sri Lanka, Dyfore, etc. In case of a just solution to
Jammu-Kashmir problem, a joint Indo-Pak Condominium be entrusted to handle its (JK’s) defence, foreign affairs and currency. In all
other matters, the different ethno-cultural and linguistic regions of Jammu Kashmir, including Pak-Administered Jammu-Kashmir,
should have full-fledged self- rule. A similar type of just arrangement be worked out in the case of, Palestine, Dyfore, Sri lanka, etc.
The fourth ground reality of the world is the accumulated vast stock of nuclear weapons with the nuclear powers.
Here, the UN general Assembly should undertake to demand from the existing nuclear powers that, taking into consideration the
life or death challenge of global warming, they should destroy all their nuclear stockpiles and other dangerous weapons of mass
destruction immediately. And, in future, they should undertake not to produce any weapon of mass destruction.
The fifth ground reality of the world is the existence of large number of country-wise powerful armed forces who have no role to
play in today’s world. Hence, the UN General Assembly should undertake to resolve all inter-country disputes existing in the world
within a period of six months. Following the completion of the fore-going task, the UN General Assembly should ask all countries to
stop spending on their military budgets.
Again, all countries should stop 50% of their defence expenditure within two years and the next 50% within 5 years.
All demobilized defence personnel be provided equivalent jobs on the pay scales they were previously having in the defence
department.
The sixth ground reality is the existence of a national development model specific to each country. Here, the UN General
Assembly should set up a high-powered UN Sustainable Development Council to act as global authority by intergrating all the
national development models for combating global warming and conservation and promotion of the environmental resources, on the
one hand, and the development of human resources, on the other. The council should enact fundamental international reforms in
regard to environment and human advancement. The finance for the council will come from global taxation, such as global trade, use
of natural resources like oil, coal, communication satellites, air travel, Antarctica mining, sea-bed mining, oceanic transportation, etc;
the UN General Assembly will devise the scheme for the distribution of the said global revenues between the UN and the member
states in which the least developed countries will be given special consideration.
The seventh ground reality is the prevalence of an unfair trade between the developed and the under-developed countries. Here,
the WTO should act as a centre to see that the trade between rich and poor countries is conducted on a fair basis.
The eighth ground reality is the requirement of finance by the less developed countries. Here, the IMF and the world Bank
should be on guard that there is a fair distribution of finance among various categories of countries.
The ninth ground reality is the developing water crisis in various parts of the world. Here, a new World Water Commission be set
up by the UN to arrange the supply of minimum needed water to the people in the various water scarcity areas.
The tenth ground reality is that, taking into consideration the possibility of decreasing food production, the UN should request
the FAO to formulate a food policy that takes practical steps to provide foodstuffs to all food deficit areas.
The eleventh ground reality is to improve and update agriculture to meet the food requirements of the world people. Here, the
whole farming community in different countries be motivated to organize agriculture on the co-operative basis.
The twelfth ground reality is the worsening state of poverty in various countries, especially the under-developed ones. Here, there
is need to take practical steps to deal with the poverty problem as a priority issue.
The thirteenth ground reality is that all countries must focus to eradicate the ever-increasing social evils like, crime, corruption,
lack of sanitation, housing, old-age security, etc., on a just basis.
The fourteenth ground reality is to pay serious attention to the issue of human rights violations in almost all countries of the
world.
The fifteenth ground reality is that the educational system should aim at developing the humanitarian-cum-environmental values
among the students and not concentrate on developing the instinct of individualistic personality-cult among them as is being done
today.
The sixteenth ground reality is the worsening state of human health. Here, a proper response is the acceptance of human health
as a fundamental right by all countries.
The seventeenth ground reality is the existence of a threat from religious fundamentalism or terrorism which, in our view, should
be countered not through military means but with humanitarian and environmental values.
The eighteenth ground reality is that unemployment problem in every region, whether it is developed or underdeveloped, is
increasing fast. The slow pace of job creation even in countries with relatively high growth rates has left 500 million unemployed or
underemployed in a region with a total labour force of 1.7 billion. In the 1980s, the ADB study calculates, it took a 3%growth rate in
China to induce 1% increase in employment, compared to the 8% growth rate that was required to achieve the same result the
following decade. This demands that new working avenues be explored in the vast domain of worsening environmental sector.
The nineteenth ground reality is the persistent continuation of the problem of burgeoning world population which is as
threatening as the challenge of climate change. According to expert reports, the present growth-rate of population will result in a
situation where the entire land area of the world will be required to accommodate 9.2 billion people by the year 2050. The solution
lies in establishing a rational and just society which ensures social security to all, weakening the motivation of having blood
descendants as a guarantee against old age or some other insecurity.
Last, but the most important, ground reality is that people on our planet are the single-most force and the only source to bring
any change on our planet and to save bio-life on this earth. And the people can play a positive role only if they are properly organized
on the basis of a clear, just, fair and rational model. Such a needed model, in our view, may be found in the NHCPM (Nature-Human
Centric Peoples Movement) agenda comprising, in brief, the following
Firstly, the most important thing in society is the people and natural resources and nothing else. While the corporate capitalism
falsifies that only capital is the most precious thing in society.
Secondly, it is first of all necessary to uphold the fundamental human task of environmental (i.e., air, water, land, forest, bio-
diversity, etc) sustainability at all times and places
Thirdly, our next principle is the all-round constitutional empowerment of the people.
A) Economic Empowerment : the people should be empowered economically by ensuring social security to every one as a
fundamental right with regard to clean air , pure-drinking water, nutritious food, housing, clothing and free health facilities and
education, etc.
Fair equality based on 1:5 income difference in order to bring economic harmony among the extremely divided categories of a
handful of rich and the vast majority of poor people.
B) Political Empowerment: Political process be headed by the people and conducted through the dedicated social workers ( or
their front); the election be entirely free where every one has the right to participate as a candidate and as a voter.
Ending of state power monopoly of the corrupt and money and power hungry political parties by introducing the rule of the state
funding of elections to each individual candidate.
All development funds to be spent through elected peoples development committees (including the Gram Sabhas and not above
that), abrogating the current rule of allotting crores of rupees to each MP and lakhs of rupees to each M L A for development
spending in their constituencies.
People should be empowered to recall any assembly or Parliament member if 1/5th of voters demand in writng. The political
parties should get their candidates sponsored from the people before contesting any election. People’s sponsored candidate can be one
who gets one thousand signatures of his electors in t5he assembly and five thousands in the parliamentary elections.
C) Cultural Empowerment stands for a way of life (life-style) which is embedded in basic human and environmental values and
promotes rational humanist and environmentalist thinking, behaviour and organization among the people.
www.groundreportindia.com
10
D) Empowerment Of Women by giving them 50% reservations in the parliament, assemblies and administration ,plus jobs in the
organized big industry. Gradually. this principle should become a rule to be applied in all social, economic and cultural spheres.
E) Workers Empowerment: in the organized sector, concerned workers organizations, united within a single workers front, to have
1/3rd representation in the management board of all types of big industry, institutions, projects and factories. In small and medium
industries, concerned workers elected forums should be entitled to act as consultation boards to the each concerned management.
F) Empowerment Of Informal Labour: in the retail sector, all workers engaged in small scale private trade should be organized
into unions at all places ( i.e., cities, towns and countryside) and provided cheap credit, all types of free market facilities, free trawlers to
move from one place to another or free of rent small shops in big city markets.
G) Empowerment Of Farmers: in the rural sector, the entire peasantry, the rich farmers as well as the landless peasants be
organized on the basis of co-operative farming as the fundamental policy of the state. Each such co-operative be provided necessary
govt help to develop its own market mechanism, procure its required agricultural inputs at cheap rates and build its credit system with
the help of loans from the co-operative credit agencies.
Promoting the fundamental human task of justice, equality and fairness in all walks of life.
I.) Democratization of all industrial and services sectors by ending their corporate and state monopoly control and managing
them through ordinary share-holders (2/3rd representation) and workers, (with 1/3rd representation).
j.) Finance management: while the corporate sector upholds the monopoly corporate management and control and the state
sector supports the monopoly bureaucratic management and control, the nature-human centric development model stands for
democratic management and control of public companies by elected joint committees, each comprising 2/3rd elected members from
ordinary share-holders and 1/3rd elected workers representatives in place of permanent corporators. All promoters shares purchased
at cheaper rates (than market rates) and owned by corporate management be ended.
k). Jurisprudence to be based on the fundamental principle of safeguarding and protecting the interests of environmental and
human resources. Any disregard of the foregoing principle to be dealt with the aim of reforming the offender, while prescribing
punishment according to the severity of the offence. Punishment may include all human forms that have existed in history except the
sentence to death.
VI
Nature-Human Centric Short Term Agenda

The Nature-Human Centric Peoples Movement (NHCPM) holds that the human community at the present juncture is
confronted with a highly dangerous environmental –humanatarian crisis. The challenge is so serious that, if it is not answered by a
realistic agenda, the consequences can be very very harmful for the humanitarian cause. Such a grave situation, first of all, needs a
complete unity among the different segments of humankind. And the factor of unity demands the ending of all types of conflicts
within the human community. The only way to achieve human unity and the ending of all types of conflicts within the human
community lies in eliminating all sorts of existing injustice in the world.
The NHCPM is of the view that a justice-based world is quite possible on the foundation of an all-inclusive social justice and this
requires the restructuring of the existing unjust corporate system.
To restructure the existing unjust corporate system on a just basis, the NHCPM puts forth the following 15 points for public
information, association and action. It requests all those who accept the rationality of these points to propagate them determinedly,
steadfastly and wholeheartedly before the people
Whenever and wherever elections become due in any region or the country as a whole, it appeals to the voters to make these 15
principles as yardstick to ascertain the genuineness of their contesting candidates by requesting them to put their signatures in support
of these just points. Those who sign deserve the voters support, while anyone shirking to do so is obviously devoid of a just and
rational approach.
1) Upholding the fundamental human task of environmental (i.e., air, water, land, forest, bio-diversity, etc) sustainability at all
times and places.
2) Human right of existence ensured through social security as a fundamental right with regard to clean air, pure-drinking water,
nutritious food, housing, clothing and free health facilities and education
3) Human right of fair equality based on 1:5 income-difference.
4) Peaceful resolution of all disputes in the world, particularly Jammu Kashmir and Palestine, Sri Lanka, etc. In case of a just
solution to Jammu Kashmir problem, a joint Indo-Pak Condominium be entrusted to handle its (J K’s) defence and foreign affairs. In
all other matters ( except defence and foreign affairs), J K should have independence, while each of its 9 ethnic regions be given
maximum-possible autonomy. A similar type of just arrangement be worked out in case of Israel, Palestine and Sri Lanka also.
5) Restructuring of the world order by ending the veto-powers of the 5 permanent members of the UN Security Council and by
giving absolute power of deciding any issue to the UN general assembly on the basis of a simple majority vote.
6) Restructuring of WTO, WB and IMF on the basis of substituting their free market perspective by nature-human centric
perspective and their development strategy favouring money and money-owners by the nature-human centric development strategy,
comprising two top priorities, i.e., Man and Environment and Nature-Human Centric 5 principles, i. e., environmental sustainability,
equity, productivity, people-led democracy and all-sided transparency.
7) Women’s empowerment, ensuring their 50% representation in all social institutions at all levels.
8) Co-operative farming, ensuring the livelihood security of all concerned.
11
9) Labour-both physical (or blue collar) and mental (or white collar) –empowerment, ensuring workers 1/3rd elected
representation in the management of all institutions, projects and factories.
10) Democratization of all industrial and services sectors by ending their corporate and state monopoly control and managing
them through ordinary share-holders (2/3rd representation) and workers, (with 1/3rd representation).
11) Finance management: while the corporate sector upholds the monopoly corporate management and control and the state
sector supports the monopoly bureaucratic management and control, the nature-human centric development model stands for
democratic management and control of public companies by elected joint committees, each composing 2/3rd elected members from
ordinary share-holders and 1/3rd elected workers representatives in place of permanent corporators. All promoters shares be
purchased at cheaper rates (than market rates) and owned by corporate management be ended.
12) Political process be headed by the people and conducted through the dedicated social workers ( or their front); the election be
entirely free where every one has the right to participate as candidate and as a voter.
13) Ending of state power monopoly of the corrupt and money and power hungry political parties by introducing the rule of the
state funding of elections to each individual candidate ( who is required to produce one thousand signatures of his electors in assembly
and five thousand in Parliament elections), without any consideration to his party affiliation. Concerned voters right to recall any
assembly or Parliament member if 1/5th of voters demand in writing a re-poll on the ground that the afore-mentioned member has
lost the confidence of his electorate.
14) All development funds to be spent through elected peoples development committees ( including the village committees and not
above that), abrogating the current rule of allotting crores of rupees to each MP and lakhs of rupees to each M L A for development
spending in his constituency.
15) Jurisprudence to be based on the fundamental principle of safe-guarding and protecting the interests of environmental and
human resources. Any disregard of the foregoing principle to be dealt with the aim of reforming the offender, while prescribing
punishment according to the severity of the offence. Punishment may include all human forms that have existed in history except the
sentence to death.
VII
Nature-Human Centric Long Term Agenda

The Nature-Human Centric Peoples Movement is of the view that the basic solution to the ongoing deadly crisis resides in the
replacement of present Corporate Capitalist System by the Nature-human Centric System whose objective, principles, styles and
organization stands for two top priorities, i.e., environment and man and which follows five basic principles: i.e., environmental
promotion, fair equality (i.e., social security to every deprived and needy person and the rationalization of irrational income
differences in the proportion of 1:5), productivity (or growth-rate), peoples-led democracy ( i. e., empowerment of the people in place
of corporate capital supported political parties and business circles) and all-sided transparency. The main points of Nature-Human
Centric System comprise as under.
1. Nature-Human Centric Model of human society holds environment and humankind as the 2 most precious phenomena in
human society, considers the two as its social capital (supreme thing in human society) whose (i.e., environmental-human resources)
growth brings development, prosperity and progress and maintains them as its guiding principle in thinking, saying, doing and
organizing.
2.It strongly advocates the fundamental task of environment (i.e., air. water. Land, forests, bio-Diversity, etc.) promotion at all
times and places
3. It maintains the fundamental right of every human to bio-social existence, ensured through a network of social security with
regard to clean air, pure-drinking water, nutritious food, housing, clothing, free health facilities and education.
4. It stands for fundamental human right of fair equality, based on 1:5 income differences.
5. It firmly upholds the principle of world peace and steadfastly follows the path of peaceful resolution of all disputes in the
world, particularly Jammu-Kashmir, Palestine and Sri Lanka, etc. In the case of a just solution of Jammu-Kashmir problem, it
advocates that a joint Indo-Pak Condominium be entrusted to handle its (JKs) defence, foreign affair and currency, in all other matters,
JK should have independence, while each of its 9 ethnic regions be given maximum-possible autonomy. A similar type of just
arrangement be worked out in case of Israel, Palestine and Dyfore also.
6. It demands the restructuring of the world order by ending the veto-powers now enjoyed by the 5 permanent members of the
UN Security Council and by giving the absolute power of deciding any issue to the UN General Assembly on the basis of a simple
majority vote. In due course, UN be restructured on the basis of a constitution framed by a constituent assembly elected by the people
from various constituencies in the world.
7. It argues for the restructuring of WTO, WB and IMF on the basis of substituting their free market economic perspective by
Nature-Human Centric Perspective and their (i.e., WTO, WB and IMF) development strategy favouring money and money-owners by
a Nature-Human Centric development strategy, comprising two top priorities, i.e., human and environmental, and 5 principles. i.e.,
environmental promotion, fair equality, productivity, peoples-led democracy and all-sided transparency.
8. It champions the women’s cause and demands their empowerment, ensuring them 50% representation in all social institutions
at all levels.
9. It promotes the organizing of agriculture on co-operative basis, ensuring the livelihood security of all concerned.
10. It forcefully speaks for labour (both physical and mental) empowerment, ensuring workers 1/3rd elected representation in the
management of all institutions, projects and factories.
11. It pleads for the decentralization of all industrial and services sectors by ending their corporate and state monopoly control
and managing them through ordinary shareholders (with 2/3rd representation) and workers (with 1 /3rd representation).
12
12. It proposes for a democratic management and control of finance. While the corporate sector upholds the monopoly corporate
management and control and the state sector supports the monopoly bureaucratic management and control, the Nature-Human
Centric Development Model stands for democratic management and control of public companies by elected joint committees, each
comprising 2/3rd elected members from ordinary share-holders and 1/3rd elected workers representatives in place of permanent
corporators. All promoters’ shares purchased at cheaper rates (than the market rates) and owned by the corporate management be
ended.
13. It encourages the spending of all development funds through elected peoples development committees (including the village
committees and not above that), abrogating the current rule of allotting crores of rupees to each MP and lakhs of rupees to each
MLA for development spending in their respective constituencies.
14. It proposes the restructuring of corporate capitalist oriented constitution and jurisprudence in each country on the basis of
Nature-Human Centric Outlook.
15. It strongly favours the fundamental principle of safeguarding and protecting the interests of environmental and human
resources. Any disregard of the foregoing principle to be dealt with the aim of reforming the offender, while prescribing punishment
according to the severity of the offence. Punishment may include all humane forms that have existed in history except the sentence to
death and human cruelty.
16. It firmly believes that all the constituent processes of human society, i.e., environmental, human and scientific-technological be
controlled and conducted by the people.
17. It propounds the empowerment of people (or people-led governance) at five levels from the village/ward to national scale,
with block, district and state categories in between, each enjoying powers to manage the three basic facets of social life – political,
economic and cultural in its respective domain.
18. The process of empowerment be decided through the method of elections which will be entirely free where everyone has the
right to participate as a candidate and to express his opinion as a voter. It urges for ending the state power monopoly of the corrupt
and money and power-hungry political parties by introducing the rules of the state funding of elections of each individual candidate
(who is required to produce one thousand signatures of his electors in state assembly and five thousand in central assembly elections),
without any consideration to his party affiliation. Concerned voters right to recall any assembly member if 1/5th of voters demand in
writing a repoll on the ground that the afore-mentioned member has lost the confidence of his electorate.
19. Political aspect demands the establishment of Political Assembly at 5 levels: (i.e., national, state (or regional), district, block and
village) which stands for a democratic order and is based on fully democratic principles, functioning and structure. Such a model
necessitates the introducing of the principles of the maximum-possible empowerment of the people in decision-making.
20. Economic aspect needs the establishment of development assembly at 5 levels for a rational and realistic economics whose
concepts, laws and rules are required to be framed in the light of former’s 2 top priorities (i.e., humankind and environment) and 5
guiding principles (i.e., environmental promotion. Fair equality, productivity. Peoples-led democracy and all sided transparency). In
view of human’s bio-social nature, both Adam smith’s basic economic principle of “self-interest” and Marxian basic economic
principle of “state nationalization of every thing” are one-sided. But. Ironically both measure development, prosperity and progress in
terms of monetary growth and not in the context of human and environmental development.
21. Cultural aspect requires establishment of cultural assembly at 5 levels that calls for a way of life (or life-style) that is embedded
in basic human and environmental values and promotes rational humanist and environmentalist thinking, behavior and organization
among the people.
22. The political, development and cultural Assemblies at 5 levels elect their respective political, development and cultural
commissions of specialists to implement the agendas and policies framed by them (i.e., Assemblies). The commission of political
specialists may deal with political issues like law and order, crime prevention, judicial working; the commission of development
specialists may handle economic-financial matters like development planning, agriculture, industry, services. Finances and budget and
the Commission of cultural specialists attend to education, science, technology, health, moral ethical-values and other cultural
subjects, like languages, music, dancing, cine-industry, etc.
23. Every elected body, whether at the lower or the higher level will be sovereign within its respective domain. If at any time there
is a difference of opinion between the two elected bodies or public institutions, the concerned units’ will appoint their respective
representative groups to settle the concerned question through talks. If the matter is mutually settled, that will be accepted as a valid
decision. In case the two cannot agree on a common decision, the matter will be got resolved through a referendum of the concerned
people.
24 It maintains that the question of internal security of any territorial unit will be handled by the people concerned. The issue of
border defence of different territorial units will be conducted by the defence agency formed by the concerned people according to the
rules approved by the UN.
25 It will forbid every polluting technology, however productive capacity it may have, to operate in society.
VIII To Sum Up
Where will the non-implementation of the above said Nature-Human Centric Agenda lead to is shrouded in the womb of natural
mystery.
Compiled and edited by

Late R P Saraf (1924 - 2009)
------------------------------------
13
Open Letter to Media through Ground Report India by Jagdish Tytler, Former Union Minister,
Government of India
I want to express my feelings through Ground Report India. I am happy that someone realize how a few people are using media to
spread rumours and gain publicity and popularity of the news channel or news paper. Sometimes they do some inhuman act that can
cause lot of pain to someone.
I have been a victim of political opponents and specially media. I have always wanted to ask the media if they are getting popularity
and higher TRP by destroying someone’s social, political and family life; does that worth the news? Does this mean popularity and
TRP is much more important then a human being?
Many news papers, TV news channels and websites have written many things against me. I want to provide all the proofs that will defy
what has been written about me till date. I would also like to request Ground India and other authorities of Internet to ask proofs from
people who has written rumours about me.
First of all, I would like to talk about my last lok sabha election candidature ship. Many TV news channels, news papers and websites
have published that I was dropped by congress because of shoe throwing incident. But the fact is that, I have myself stepped down
because I didn’t want to embarrass my party. Akalis, BJP and other political opponents took this as opportunity to speak ill about
Congress. Being a loyal Congressman for years, how can I stand those allegations to my party. Therefore, to avoid my party’s
embarrassment, I decided to step down. You can see the proof of it below:
http://jagdish-tytler-opted-out.blogspot.com/
Congress spokesperson’s voice is the party’s voice and therefore, I would like to request the concerned authorities to send notice to all
the internet websites to correct their articles accordingly.
Moreover, I was NRI minister when the opposition started targeting Congress making me the scapegoat. I could not stand the
irresponsible words against my party and the party president. I immediately resigned
from the ministry.
If I can resigned as a minister why can’t I step down from my candidature. I did the same thing after the opposition started targeting
my party by putting me responsible in false allegation.
You can see what I said in the parliament before resigning:

http://www.jagdishtytler.com/index.php/speech
You can also see what I wrote to Smt. Sonia Gandhi about this issue:
http://jagdishtytler-soniagandhi.blogspot.com/
Secondly, media is also spreading all sorts of wrong and misleading information via internet, TV and news paper that there are many
witnesses against me and numerous cases against me. The fact is that not a single FIR has been lodged against me. More then 10
enquiry commissions (during both congress and BJP times) cleared me saying there is no evidence against me. In the last enquiry
commission, two so-called witnesses were investigated viz.
1. Sardar Surinder Singh
2. Jasbir Singh
Sardar Surinder Singh said that he did not saw me in place of riot in front of the Justice Nanavati commission.
You can see his affidavit:

http://surender-singh-statement.blogspot.com/
Surinder Singh Wrote to the CBI too:
http://surender-singh-1984.blogspot.com/
Surinder Singh wrote to the Prime Minister:
http://surender-singh-1984-riot.blogspot.com/
You can also see his last video interview:
http://www.youtube.com/watch?v=lrvGsairmNs&feature=player_embedded
Regarding the other so-called witness Jasbir Singh, he was proved a liar. He said that he saw me in front of a TB hospital agitating a
mob. The home ministry confirms that on that day curfew with shoot at sight was ordered throughout Delhi. It was not possible for
anyone to go out on that day, let alone gathering a large group of people. Question raised how did he come out of house himself
when the curfew and shoot at sight order was maintained?
You can see the ministry of home affairs order copy:
http://2.bp.blogspot.com/_s7X1OnO3Jqk/SoaD6mCf7mI/AAAAAAAAADU/oQ5exDN8AKU/s1600-h/CURFEW+PROOF.jpg
He said during those days he was staying at Sardar Sucha Singh’s residence. But Sardar Sucha Singh refused any connection with
him.
14
You can see Sardar Sucha Singh’s affidavit:
http://4.bp.blogspot.com/_s7X1OnO3Jqk/SoaF-i85aLI/AAAAAAAAADc/Z61Ll6wd7xA/s1600-h/SUCHA+SINGH
+AFFIDAVIT1.jpg
http://2.bp.blogspot.com/_s7X1OnO3Jqk/SoaGfYC4S1I/AAAAAAAAADk/d-EkemI42dw/s1600-h/SUCHA+SINGH
+AFFIDAVIT2.jpg
At the end, the Justice G.T. Nanavati himself said that there is no strong evidence against me. You can see the TV interview of Justice
Nanavati:
http://jagdish-tytler-the-truth.blogspot.com/
Moreover, later on it was found that Jasbir Singh is a criminal who has serious charges against him of attempt to murder. He fled from
India to escape from the law. J
You can see the complete TV reports on him:
http://www.youtube.com/watch?v=EEa2-8RfbRA&feature=player_embedded
http://www.youtube.com/watch?v=JFJdyQ85_Og&NR=1
Despite of all the proofs and facts, I have one final proof that I was not in the place of riot but I was with Late Indira Gandhi’s dead
body the whole day. It was covered by Doordarshan TV channel. I have produced all the 6 DVDs to the court.
I have all the proofs that say that I am nowhere involved in the heinous crime of Sikh riots. Political opponents along with media have
done lot of damage to my political, social and family life.
Defamatory contents on internet and false publicity of the concocted stories against me is giving lot of pain to my family. Even long
after my dead, my coming generations will be haunted by these defamatory, false and abusive articles. I request the authorities to
kindly take preventive measures to remove all the baseless contents from the internet. One should not be allowed to post articles on the
internet without any proof.
I am still fighting because if I don’t bounce back it will be a defeat of truth and humanity. I request everyone to join me in the process
to remove all the irresponsible articles on me or anyone else.
“I HAVE PROOF OF WHAT I AM SAYING; DO THEY HAVE PROOF OF WHAT THEY ARE SAYING?”
by-
Jagish Tytler
Former Union Minister, Government of India
http://en.wikipedia.org/wiki/Jagdish_Tytler
-------------------------------------------------
15
International
Energy-saving buildings: agreement reached

European Union
All buildings built after 31 December 2020 must have high energy-saving standards and be powered to a large extent by renewable
energy. Public authorities will lead the way two years earlier and part of the funding for these changes will come from the EU. These
are among the key points of a deal reached on Tuesday evening between Parliament and Council negotiators.
By the end of 2020 EU Member States must ensure that all newly-constructed buildings have a "very high energy performance",
under new rules agreed in Brussels on Monday night. And their energy needs must be covered to a very significant extent from
renewable sources, including energy produced on-site or nearby.
The public sector must set an example by owning or renting only this kind of building by the end of 2018 and by promoting the
conversion of existing buildings into "nearly zero" standard. It is only thanks to European Parliament negotiators that specific target
dates will be included in this legislation.
After the successful conclusion of informal negotiations on Tuesday between Parliament and the Council, rapporteur Silvia-Adriana
Ticău (S&D, RO) said the political agreement reinforces the EU's leading role in fighting climate change: "At the Copenhagen
Conference, Europe could present an effective tool to make the ambitious environmental objectives happen. We are committed to
invest more and to better use the financial instruments for the energy efficiency of buildings and renewable energy."
More financial support at national and European level

The Council took on board Parliament's amendments which require Member States to draw up national plans for increasing the
number of nearly zero energy buildings. They must also, by mid-2011, make a list of financial and other incentives for the transition,
such as technical assistance, subsidies, loan schemes and low interest loans.
Existing buildings will have to improve their energy performance after major renovations, if this would be technically, functionally and
economically feasible. Member States must therefore encourage the owners to use the renovation for installing smart meters and
replacing existing heating, hot-water plumbing and air-conditioning with high-efficiency alternatives such as heat pumps or renewable
based systems.
Energy performance certificates

Member States will have to ensure that energy performance certificates are issued for any buildings constructed, sold or rented out to a
new tenant, and also for buildings where over 500 m2 are occupied by a public authority and frequently visited by the public. Five
years after the legislation takes effect, this threshold will be lowered to 250 m2. Buildings that already have a certificate issued in
accordance with the previous directive, dating from 2002, will not need to obtain a new one as long as the old one is still valid.
The certificates will have to provide recommendations for improvement and may also include additional information such as annual
energy consumption and percentage of renewable energy in total energy consumption.
The certification systems for residential buildings will be the responsibility of national authorities, but the Commission should by 2011
develop a voluntary common European certification scheme for the energy performance of non-residential buildings.
Exemptions for historic buildings, holiday homes and others

However, the following are excluded from the directive's requirements: small houses (with a floor area of less than 50m2), holiday
homes used for less than four months a year (or that use less than 25% of all-year energy consumption), buildings for religious
activities, temporary buildings used for two years or less, industrial sites, workshops and agricultural buildings with low energy demand
and protected historic buildings where an energy-efficiency measure would "unacceptably alter their character or appearance".
Next steps
The compromise text agreed on Tuesday still has to be formally approved by the Council before the full Parliament gives its final
endorsement at the beginning of 2010. Once adopted and published in the EU Official Journal, Member States will have two years to
bring their national laws into line with the new directive.
Source-
European Union Press Service
-----------------------------------------
16
An appeal for Fr N. Van Ly
International PEN Sydney Centre
Honorary Member of Sydney PEN, Father Nguyen Van Ly, has reportedly suffered a serious stroke and has been transferred to a
Hanoi hospital. As many of you already know, Fr Van Ly is a sixty-three-year-old priest, scholar and essayist and co-editor of an
underground online magazine who has been imprisoned for speaking freely.
Fr N. Van Ly was arrested in February 2007 and subsequently sentenced to eight years in prison and five years of probation for
‘conducting propaganda against the State’. He has served in the forced labour camp, K1, Ba Sao village, Kim Bang District, Ha
Nam Province, in appalling conditions. This year Fr Van Ly was one of ten candidates for the Sakharov Prize for Freedom
of Thought which is administered by the European Parliament.
(Please send your protests to the President, the Prime Minister, the Foreign Minister of Vietnam. Protests also can be sent by
Ambassador of your country in Vietnam, by writing to your Ambassador.)
--------------------------
Ontario Government in power not jail?

Ontario, Canada
This morning as well as yesterday on the local news I heard three things aside from the couple suing the O.P.P. on the land claims issue
here in Ontario Canada.
The first, or all three anyway ..., ties in with the law suit and it was that Native protesters were protesting next to the house of the
people suing the O.P.P. second was that the minister of aboriginal affairs claimed the land was purchased by Ontario in 1996. Thirdly
I heard the Ontario government owns the land upon which the smoke manufacturing plant has been making the reserve cigarettes.
Ok I'll get back to that in a minute but first remember land claims were originally created because First and Six Nations wanted
nothing to do with Canadian governing, they wanted land so they could chief themselves. Since they were on their own land chiefing
themselves I can even understand why they get status cards to exempt them from paying taxes when making purchases while not on
their own property because they wanted nothing to do with Canadian government.
How many billions of Canadian government tax dollars have been serviced to First and Six Nations people when they clearly wanted
nothing to do with Canadian government which was made quite clear when and which is exactly why they wanted treaties signed for
land claims in the first place?!
How many First and six Nations reserves have Canadian governing tax dollars building and funding their schools, housing social
assistance etc. when they wanted nothing to do with government they wanted land so they could chief themselves? How many first
and six nations’ people are in any Canadian governing parliament / governing Ministry?
Hey they made it quite clear when land claims were originally made that they wanted nothing to do with governing, they wanted land
so that they could chief themselves which is exactly why land claim treaties were made.
When are they going to pay back the what, (Billions upon billions?), of dollars owed to Canadian tax payers? Otherwise why is any
level of Canadian government still honouring land claims when they obviously become invalid upon having anything to do with
Canadian government, and when are their status cards exempting them from paying taxes going to be no longer valid?
Remember land claims were originally made because First and Six Nations wanted nothing to do with governing; they wanted land so
that they could chief themselves.
People pay taxes because they want something to do with government, they reap the services of the taxes they pay for and here we are
the Canadian tax payers being washed over like we just rolled out of a cloth diaper!
Enough is enough. It is time equality takes effect. Either pay back the taxes owed to the Canadian government or be willing to admit
you want something to do with governing instead of land and living tax free at everyone else’s expense. It is pretty plain and simple!
Ok, back to the three things I heard on the local news, again " The first, or all three anyway ..., ties in with the law suit and it was that
Native protesters were protesting next to the house of the people suing the O.P.P. second was that the minister of aboriginal affairs
claimed the land was purchased by Ontario in 1996. Thirdly I heard the Ontario government owns the land upon which the smoke
manufacturing plant has been making the reserve cigarettes.
Ok, is the land that these first / six nations people protesting on the same land that the Ontario government has owned officially since
1996 as well as the land of which this manufacturing plant is on? A valid question because it was not made clear in the news. I wonder
17
because if so were ministers planning on selling it twice while having first / six nations play along for a little extra cash as well and only
planning to tell tax payers they sold it once to pocket some money but in lieu of recent events had them suddenly decide to tell the
public after three years of putting Caledonians through this?
Hey I'm wondering because A) this whole land claim thing is pretty fishy in lieu of the above mentioned to do with first and six nation
wanting land because they wanted nothing to do with Canadian Governing.
And B) On the current governments behalf scamming Ontario tax payers of over a billion dollars by way over paying contractors
which was also recently in the local news within the last couple of months.
I wonder how these conversations went to do with the overpayments of these contractors, could it have been something like
Person we'll refer to as (Guess who 1) "Here take millions more dollars to do a job, just make sure you pocket a couple of million for
me because I'm going to need it for retirement"
Person we'll refer to as (Guess who 2, 3 or 4 etc) "wait what if we get caught"
Person we'll refer to as (Guess who 1)
Oh don't worry about it, I have had all the time in the world to mastermind this, I have control over the finances and can spin doctor
it so no one can prove anything, and if the can't prove anything what do we have to worry about"
Person we'll refer to as (Guess who 2, 3 or 4 etc)
"Yeah I guess you're right, if people in the government go to jail who's going to want to run for office in the future anyway"
Then they both laugh and shake hands.
What really happened ... really because I have not heard how over a billion dollars can just be ejected from tax payers pockets without
any accountability?!!
People are being this naive of Ontarians and are getting away with it because they apparently / seemingly to me seem to think they
can get away with it on the hunch that no one will run for office in the future if people are going to go to jail and / or fired.
The temptation is there when your in control over billions but it is a matter of morality from there and are people really so trusting of
people in power to believe everything they say even when they don't even give you an explanation.
To naive to realize some people might actually want to get into government to help the people and not themselves!
This is sad really, I kind of feel ashamed of my fellow Canadians / Ontarians for doing nothing but I sincerely hope that changes.
Column by-
David Jeffrey Spetch
-----------------------------
SINGAPORE: DEFAMATION CASE THREATENS PRESS FREEDOM

Amnesty International
The Singaporean parliament should enact new legislation protecting freedom of expression, Amnesty International said today, after a
magazine and its editor agreed to pay S$405,000 (Approximately US$290,000) following a fine by the country’s highest court for
alleged defamation.
The Dow Jones Company-owned Far Eastern Economic Review (FEER) magazine and its editor Hugo Restal had published an article
critical of Prime Minister Lee Hsien Loong and his father, former Prime Minister Lee Kuan Yew.
The 2006 article entitled "Singapore's 'Martyr', Chee Soon Juan", contained allegations against the two leaders, including of
corruption, which the Singapore Court of Appeal ruled as defamatory.
Dow Jones Company denied any wrongdoing but said they had to pay the fine.
In its ruling, the Singapore Court of Appeal held that “constitutional free speech in Singapore is conferred on Singapore citizens
only.” It further held that Singapore does not recognize a special function for the press as a "watchdog".
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“Laws that allow the authorities to impose restrictions on freedom of expression together with a pattern of politically motivated
defamation suits, have created a climate of political intimidation and self-censorship in Singapore.” said Sam Zarifi, Amnesty
International’s Asia Pacific Director. “This ruling further illustrates how press freedom is under threat in Singapore and sets a
dangerous precedent for freedom of expression and journalism in the region.”
Amnesty International urges the Singapore parliament to enact legislation that would ensure the media's ability to perform its vital
function as a watchdog while removing discrimination and undue restrictions from the laws on freedom of expression, to bring them
into line with international law and standards.
The government of Singapore has a history of using civil defamation actions to stifle political opposition. Such defamation suits place
unreasonable restrictions on the right of Singaporeans to peacefully express their opinions and to participate fully in public life.
Amnesty International remains concerned about the continuing use of restrictive laws and civil defamation suits in Singapore to
penalise and silence peaceful critics of the government.
"If Singapore has pretensions to being an international commercial center, especially in the age of the internet, its legislature must
immediately act to bring the country in line with commonly accepted concepts of free expression and media activity," said Sam Zarifi.
Journalists are finding it increasingly difficult to work without interference from the governing People's Action Party.
Background
International law recognizes limitations to the right to freedom of expression as enshrined in Article 19 of Universal Declaration on
Human Rights however these restrictions must be demonstrably necessary for and proportionate to certain permissible purposes. The
permissible purposes for such restrictions include “securing due recognition and respect for the rights and freedoms of others and of
meeting the just requirements of morality, public order and the general welfare in a democratic society.”
However, it is well established under international law that public officials must tolerate more, rather than less, criticism than private
individuals.
Source:
Amnesty International
--------------------------------
[AHRC Joint Statement] INDIA: Government of West Bengal must act to prevent further starvation deaths
A Joint Statement by the Asian Human Rights Commission and the Banglar Manabadhikar Suraksha Mancha.
INDIA: Government of West Bengal must act to prevent further starvation deaths
E.M. Parvati died yesterday. Parvati was a resident of Belgachhia Bhagar, a municipal dumping ground of Howrah in West Bengal.
The doctor who examined Parvati's body certified that the cause of death was pulmonary tuberculosis aggravated by severe
malnourishment and anaemia.
Parvati is not the first person in her family to die in this manner. Her daughter E.M. Lachhmi, died of starvation at the age of five on
11 March 2005. Her two sons, E.M. Shiva, died in December 2003 and E.M. Gaddama alias Chhottu, died in November 2004. Shiva
was three years old and Gaddama was about a month old.
Parvati's death is further proof to the despicable apathy of the West Bengal state government and that of the government of India to
the plight of the poor and marginalised in the country. It is also part of the continuing saga of an estimated 7000 Dalits who were
evicted from Bellilious Park on 2 February 2003 by the Howrah Municipal Corporation (HMC).
The HMC carried out the eviction with police threatening and assaulting those who tried to protest. HMC evicted the residents from
Bellilious Park with the support of an order obtained from the Kolkata High Court. The court issued the eviction order without
hearing the residents when a person approached the court as an environmentalist. It is alleged that this person was acting in
connivance with interested persons within the state government, HMC and a businessman engaged in property development. They
argued in court that the HMC wanted to develop Bellilious Park into a public park, which the court believed and issued an order in
favour of eviction.
Having no other place to go, many of the evictees had to settle down in Belgachhia Bhagar and some others in open lands beside the
railway track. Living in a dumping ground and having had their lives' earnings and assets lost in the eviction, the evictees fell prey to
diseases contracted from poor living conditions, in particular, toxic wastes and fumes. None of them received any assistance from the
government.
19
The Asian Human Rights Commission (AHRC) and Banglar Manabadhikar Suraksha Mancha (MASUM) have issued several urgent
appeals seeking assistance for the families evicted from Bellilious Park. Most of the evicted families are engaged in manual scavenging
in Kolkata and Howrah. The Dalit identity of the evictees prevented them from leading a decent life. It also makes it difficult for them
to find any other job other than what is often 'marked up' for Dalits in India -- cleaning filth.
Frustrated by the neglect of the local administration and that of the state government, MASUM held a protest meet in front of the
UNICEF Kolkata office and the state legislative assembly on 23 March 2005, in which Parvati participated and at which she spoke.
Parvati also spoke to the UN Special Rapporteur on the Right to Food, Mr. Jean Zeigler when he visited India on 31 August 2005.
Neither UNICEF nor the state government did anything to ameliorate the living conditions of the evictees. The only humane
consideration Parvati received was from the State Governor, Mr. Gopal Krishna Gandhi. Gandhi ordered the payment of 100,000
Rupees for the family as emergency assistance. Other than this gesture none of the 7000 evictees received any support from the state
administration or UNICEF. MASUM however through its continued effort was able to persuade the District Magistrate of Howrah to
issue an Antyodaya Card (ration card that allows the card holder to obtain rations at subsidised price) to Parvati.
As of today, most of the families that were evicted from Bellilious Park continue to live at Belgachhia Bhagar. They continue to live
and die in this abandoned part of the city, scavenging in the garbage with pigs and dogs. The state administration that has ruled West
Bengal for the past 32 years in the name of the downtrodden and the labouring class has abandoned them.
The HMC meanwhile developed Bellilious Park into a commercial property. As of today it is no public park as was claimed in the
High Court to obtain the eviction order. Today, Bellilious Park houses upper middle class shopping malls and an entertainment park
for the children of the rich and privileged.
On 14 January 2009 a similar eviction of 5000 people from Belgachia Bhagar was proposed. The High Court sanctioned this eviction
too. The eviction was suspended after a concerted effort by civil society organisations and the residents. The risk of further eviction is
still high for the residents of Belgachhia Bhagar. While it is mandatory for the administration to provide adequate measures for
rehabilitation of the evictees, the AHRC and MASUM are concerned that the administration will repeat what it did in Bellilious Park
in 2003.
E.M. Parvati's death will not be an eye-opener for the state administration, since the evictees of Bellilious Park have no clout to move
the corrupt and neglectful state administration or those who run it. Today the evictees do not live with the belief that one day the
place they called home for several generations will be returned to them. Yet they have not forfeited their right to demand and to
anticipate the minimum assistance the poor in India must expect from the state government.
The former residents of Bellilious Park need a decent place nearby to resettle than continue living with pigs and dogs, scavenging for
food in a dumping ground. Many of them require documents like a ration card that would entitle them to get subsidised or free
rations from the public food distribution shops. They need the state government to set up regular health camps where they can get
medical treatment. If these minimal requirements are not met urgently, many more will perish, like Parvati and her children. Neither
the state government nor the government of India have any excuse to ignore the plight of these 7000 or so persons, living in appalling
conditions for the past six years. At very least, the government cannot plead ignorance.
###
About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human
rights issues in Asia. The Hong Kong-based group was founded in 1984.
www.ahrchk.net
---------------------------
"US and China disappoint the world", says Jo Leinen

European Union
"The biggest polluters turn out to become the biggest failures for climate protection", commented EP Environment Committee Chair
Jo Leinen (S&D, DE), on this weekends events. On the contrary, the December climate conference in Copenhagen "needs to become a
success", stressed Mr Leinen, who will chair the EP's Copenhagen delegation.
It would be a severe setback for world climate protection efforts if the US and China, as the two biggest polluters of earth's
atmosphere, do not commit to specific greenhouse gas reduction goals, but instead, as was the case two years ago in Bali, are prepared
only to make a political declaration on climate protection in some distant future, observed Mr Leinen.
If the two superpowers do not take sufficient responsibility for making cuts, they will unfortunately find "imitators and copycats"
among other countries with high levels of CO2 emissions, he noted.
20
"The world climate conference in Copenhagen needs to become a success nevertheless", said Mr Leinen, adding that "the European
Union and other partners need to push for a binding roadmap and process for a global climate contract. It is imperative that we
succeed in establishing the goals of the international climate policy - remaining below a 2°C temperature increase, cutting CO2
emission by 50% in 2050 - in Copenhagen".
"In addition, the EU must stick to its own commitments on reducing greenhouse gases till 2020", said Mr Leinen.
The European Parliament will be sending an official delegation of 15 MEPs to the Copenhagen conference.
-----------------------------
Day of the Imprisoned Writer 2009

International PEN
15 November 2009
"Since November 2008, thirty-five print and online journalists have been murdered," said Marian Botsford Fraser, Chair of the
Writers in Prison Committee. "All over the world, writers and journalists and bloggers are suffering for practicing their right to speak
out on issues that matter."
On 15 November 2009, International PEN's membership of writers world wide will commemorate their colleagues world wide who
are imprisoned, attacked and even killed. In any given year PEN is monitoring around 1,000 cases of attacks on writers, journalists
and publishers. Of these around 200 are in prison, some serving sentences of over 20 years. Others are suffering unfair trials,
harassment and threats.
Each year PEN focuses on five of these writers, one from each world region. This year they are:
CAMEROON: Lapiro De Mbanga - Singer-songwriter

Read more…
CHINA: Liu Xiaobo - Dissident writer

Read more…
IRAN: Maziar Bahari - Journalist, editor, playwright and film-maker

Read more...
MEXICO - Miguel Ángel Gutiérrez Ávila, anthropologist, author and activist (d. 26 July 2008)
Read more...
RUSSIA: Natalia Estemirova, journalist and human rights defender (d. 15 July 2009)
Read more...
PEN is also focussing on 33 other print journalists killed since November 2008. Seven of the killings were in Russia, six in Mexico, and
four each in India and Pakistan.
During the days surrounding 15 November, PEN members around the world will send protests to governments, issue petitions, write
articles, and stage events. Panel debates, readings, musical performances and other PEN Centre activities will be staged in Berlin,
Lugano, Zurich, Geneva, Barcelona, Agramunt (Catalunya), Potenza (Italy), Auckland, Glasgow, Oslo, Stockholm, London, Nairobi,
Los Angeles, Accra, Sydney and elsewhere.
PEN members' support and campaigns for their colleagues in trouble has enormous impact, not only in the numbers released - over
30% of detainees are freed each year - but also for ensuring that issue of freedom of expression is high on the public agenda. The
impact of this global support and solidarity between writers provides is immeasurable.
Next year, 2010, marks the 50th anniversary of the Writers in Prison Committee. We will be inviting all to join us in celebrating this
remarkable organisation throughout the coming year.
About International PEN and its Writers in Prison Committee

Originally founded in 1921 to promote literature, today International PEN has 145 Centres in 104 countries across the globe. It
recognises that literature is essential to understanding and engaging with other worlds; if you can't hear the voice of another culture
how can you understand it?
Our primary goal is to engage with, and empower, societies and communities across cultures and languages, through reading and
writing. We believe that writers can play a crucial role in changing and developing civil society. We do this through the promotion of
21
literature, international campaigning on issues such as translation and freedom of expression and improving access to literature at
international, regional and national levels.
Our membership is open to all published writers who subscribe to the PEN Charter regardless of nationality, language, race, colour or
religion. International PEN is a non-political organisation and has special consultative status at UNESCO and the United Nations.
The Writers in Prison Committee of International PEN was set up in 1960 as a result of mounting concern about attempts to silence
critical voices around the world and an office of volunteers was set up at the PEN head office in London to gather information and to
alert the PEN membership to take action. The WiPC is now staffed by a team of experts who monitor around 1,000 attacks on
writers, journalists, editors, poets, publishers and others in any given year. These include long prison terms, harassment, threats, and
even murder.
www.internationalpen.org.uk/go/committees/writers-in-prison
-------------------------
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Reports
An Appeal for saving RTI Act in Bihar
Bihar, India
The Chief Minister of Bihar Mr. Nitish Kumar alias Sushashan Baboo holds the banner of Good Governance but his government
has amended the RTI fee rules to create hurdles for the citizens. It will discourage the common man from seeking information. The
cabinet has passed the amendment on 17-11-09. Now a petitioner can sought only one information in his application. The BPL
people could get only 10 pages free of cost and they have to pay for the rest pages.
Please sign and circulate this online petition to save RTI

http://www.PetitionOnline.com/rtibihar/petition.html
Please see the detail

http://mohallalive.com/2009/11/19/nitish-government-changed-right-to-information-act/
Appeal by-
Dr. Vishnu Rajgadia
Secretary, Jharkhand RTI Forum
--------------------------------------------
Umpteen number of muslims, dalits were forcibly evicted illegally in Kolkata- no rehabilitation and /
or resettlement
Kolkata, West Bengal, India
In a brutal eviction drive, to uproot nearly 6000 slum dwellers in the vicinity of Eastern Bypass, Kolkata and demolishment of their
1200 shanties for a suggested ‘beautification’ and ‘development’ programme took place by the personnel of Bidhan Nagar Police
Station and Rapid Action Force (RAF) on 04/10/2009 from 6 to 10 a.m., the drive not only made them homeless but posed serious
challenges to their life and livelihood.
The affected faced ruthless physical assaults and even women, pregnant women and children were not spared from police atrocities
and many of them sustained injuries during this heinous displacement drive without the mandatory provision of a court order for the
same. The dwellers are mainly daily wage labors from socially marginalized sections with a sizable number from religious minority
community.
The composition of the populace is again common to this metropolis as they were victims of internal displacement from their rural
natives and came to Kolkata, the nearest metropolis for a better pasture and sustain their life. In this course their families settled
alongside a stinking sewage just adjacent to the place of affluence; Salt Lake.
The age of the said inhabitation is nearly 30 years and by that only the residents having adversary possession rights over their living
place, according to the domestic law of the country. Again it should be emphasized by the civil society that the people were not
migrated by their own wish but under compulsion as state failed to provide them basic livelihood option at their natives. The whole
eviction drive was done without prior and proper R&R (rehabilitation and resettlement) package, what was against the basic
justification and legal validation.
Our fact finding over the issue revealed that on 3/10/2009, Saturday, State Urban Development Authority announced the eviction
through public address system without proper information on the time and date for the proposed eviction and in very next day on
4/10/09, Sunday, a large posse of police from Bidhan Nagar (south) police station with Rapid Action Force personnel; numbering in 7
to 8 hundreds with lathis and firearms with empty trucks and bulldozers reached at the place. The raiding party totally ransacked the
slum. The personnel in uniform demolished every earthly belongings of the community and not even spared cooked food. Having the
prior assumption about the eviction, some residents hided few materials of emergency need at different adjacent place but the
Policemen forced the affected people to unhide the same and burnt those in front of them, thereafter. There were four tube-wells,
bored by the slum dwellers by their own money. Police destroyed those sources of drinking water. The raiding party indiscriminately
lathi charged on the dwellers without any provocation or resistance by these marginalized population.
23
The eviction drive was purposefully done on a Sunday, when all the offices & courts are closed restricting the dwellers to make any
complaint before administration or court of law.
All the material belongings were snatched from the people and looted by the police personnel. Not a single seizure list were made out
by the police.
The eviction drive compelled the people to leave the slum. And few of them were spending their days little far from the place under
plastic sheets. But every night they were threatened by the police and ultimately on 12/10/2009 police again torn apart those sheets
and forced them to live under the bare sky.
On 16/10/2009 a street corner meeting was organized by some Civil Society Organizations (CSO) and their network, named as
GRIHA ADHIKAR MANCH (GAM). On 21/10/2009 a team consisting representatives of this network and the victims met with
the officer in charge of Bidhan Nagar South Police Station. He referred them to meet with Mr. Ashok Das, the Sub Divisional Officer
(SDO) of Bidhan Nagar. While the representatives met Mr. Das and demanded for proper rehabilitation, Mr. Das shirked off and said
the whole responsibility is upon Kolkata Metropolitan Development Authority (KMDA) but he did not utter anything about the brutal
treatment committed by the police and thus he washed his hands.
The incident not only tarnished the basic tenets of fundamental rights as guaranteed under Article 21 of Indian Constitution. But also
bared the anti people act of the state with complete apathy for socio- economically marginalized community. Here I want to recall the
state actors that international right to adequate housing is enshrined in the Universal Declaration of Human Rights as well as the
International Covenant on Economic, Social and Cultural Rights and our State has international obligation to obey as a party.
Apart from the said infringements, the incident violated few other universally accepted principles or rights for the people, such as:
* The right to non-interference with privacy, family and home

* The right to be protected against the arbitrary deprivation of property
* The right to the peaceful enjoyment of possessions – this forced evictions occur without mandatory warning, forcing people to
abandon their homes, lands and worldly possessions
* The right to respect for the home
* The right to freedom of movement and to choose their residence
* The right to education – we are attaching a list of school going children with regular and informal schools, an NGO run
education center was demolished during the drive.
* The right to security of the person – implementing authorities not spoke out about any rehabilitation measure make the populace
more insecure and vulnerable
* The right to effective remedies for alleged human rights violations
Report by-
Kirity Roy
----------------------
NEAA stayed clearance for 1200 MW Power Plant at Janjgir-Champa, Chhattisgarh

Chhattisgarh, India
The National Environment Appellate Authority on 17-11-2009 stayed the Environment Clearance granted to the 1200 MW Athena
Thermal Power Plant at village Singhtari Tehsil Dabhra District Janjgir Champa, Chattisgarh. The decision came as a result of the
Appeal filed by Jan Chetana and the "Villagers of Singhatarai" who challenged the environmental clearance on the ground that the
Ministry of Environment and Forest approved the project without considering the fact that the Public Hearing held on 15.01.2009 was
cancelled by the chairperson in view of the documents not being made available to the affected public and the procedure as
contemplated in the EIA Notification was not followed. There was nothing on record to show that the Expert Appraisal committee of
the Ministry of Environment and Forests took note of the concerns expressed by the people and even took note of the decision of the
chairperson (additional Collector) to declare the hearing null and void.
The NEAA went through the video recording of the Public Hearing for over an hour which was provided by Jan Chetana and was
convinced that there was discrepancy in what was recorded in the minutes of the public hearing and what was spoken in public by the
A.D.M. Janjgir-Champa S.K.Chand. The video recording clearly showed large scale opposition of the public to the project.
24
The Expert Appriasal Committee has been directed to look into the public hearing proceedings and take a decision. The NEAA stated
that the Environmental Clearance could not have been granted without following the due procedure prescribed in the EIA
Notification, 2006.
Report by-
Ramesh Agrawal
-------------------------
CIC Selection: The briefest of briefings

The post of “Central Information Commissioner” (CIC) is not a constitutional post such as that of Governor or President. It is not
created by the Constitution, but by Section 12 of the RTI Act. It is an Act meant for empowering the common citizens in seeking
information from public authorities, and bringing about transparency and accountability. Therefore, the fairness or otherwise of CIC’s
selection must be understood mainly from the standpoint of satisfactorily fulfilling the criteria laid out in Section 12, as well as the
objectives of the Act laid out in its preamble.
The post of CIC is not a ceremonial post, but requires daily performance of many duties, such as continually applying a judicious
mind to the requirements of the RTI Act, conducting dozens of hearings, expeditiously dictating orders, overseeing their compliance,
liaisoning with public authorities at various levels, meeting citizens etc. However, there is no scope for CICs to “rise up from the ranks”
through a process of promotions, as there are no lower positions such as, for example, Deputy Information Commissioners, Assistant
Information Commissioners etc. This has created an unprecedented problem as to how to select suitable candidates who meet the
requirements of eminence, competence, impartiality and judiciousness.
There is currently a vacuum – an absence of guidelines. It is essential that proper rules are framed to satisfy the requirements of the
RTI Act. The competent body for framing such rules is DOPT, which is the de-facto governing body for implementation of RTI Act.
The petitioners contend that in the absence of such articulated rules and regulations, the methods of selection being currently
followed i.e. in-house selection without advertizing and inviting applications/nominations of eminent citizens, are an abomination and
an injustice to the citizens of India.
These selections are based on insider-information and undue influence . They are mala fide acts done in secrecy, taking advantage of
the current lack of rules and guidelines. They defeat the purpose of the RTI Act. They are bad in law for the following reasons:
1. Present method of selection CICs fail to comply with the basic requirements of Section 12(5) of the RTI Act:
Section 12(5) stipulates: “The Chief Information Commissioner and Information Commissioners shall be persons of
eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism,
mass media or administration and governance.” It is inherent in the wording of this section, as well as the objectives stated in the
preamble (of bringing transparency and accountability to public authorities), that the post of CICs must be predominantly occupied
by eminent members of civil society. To attract such nominations and applications in sufficient numbers, it is self-evident that the
government must advertise all over India; otherwise, how will they know when such vacancy arises?
Currently, the CIC’s post is used for giving retiring bureaucrats a 5-year extension. This is mala fide use of privileged information and
position. Please note:
* A N Tiwari and Satyananda Mishra were both DoPT Secretaries immediately before being sworn in as Information Commissioner
at the age of 59 years 10 months and 59 years 7 months respectively.
* Before becoming CIC at the age of 62, O P Kejriwal was Director General of All India Radio and earlier, CEO Prasar Bharati.
* Mrs Deepak Sandhu was working as Press Advisor to the Prime Minister, directly before taking oath at the age of 60 years 9
months.
* Mrs Sushma Singh was Secretary, Ministry of Information & Broadcasting, before taking oath at the age of 60 years 4 months.
* Mrs Omita Paul was CIC for one month between May and June ’09, between two assignments as Advisor to Pranab Mukherjee. In
the 30-year span starting 1980 – she worked with the Information & Broadcasting ministry for about a decade. When not working in
Pranab babu’s ministries, she held positions in All India Radio, Doordarshan, Press Information Bureau etc. When she took oath, her
age was aged 60 years 6 months.
* Chief CIC Wajahat Habibullah worked in Indira Gandhi's PMO, facilitated the transition to Rajiv Gandhi's Prime Ministership
after her assassination, headed Rajiv Gandhi Foundation, authored two chapters in a book titled Rajiv Gandhi's India and won the
Rajiv Gandhi award for Excellence in Secularism.
25
How can so many retiring DOPT secretaries, PMO insiders and Government spokespersons qualify for the post of CICs --
WATCHDOGS OF THE CITIZENS’ RIGHT TO INFORMATION? Out of nine Information Commissioners, only two are
members of Civil Society, viz. Shailesh Gandhi (Entrepreneur & Activist) and Prof. M M Tiwari (Academician). All the others held
government jobs.
II. Present Method violates Article 16 of Constitution – Right to equality in matters of State Employment
Two government reports express concern at the iniquitous preponderance of civil servants, which is not envisaged in any form by the
RTI Act:
A) Report of Second Administrative Reforms Commission (ARC), June 2006 says this with regards to State Information Commissions
(which is also true of Central Information Commission).
“5.2.4 The RTI Act 2005 visualizes a Commission wherein the Members represent different sections of the society. The State
Governments are still in the process of appointing Information Commissioners, but an analysis of the background of the State Chief
Information Commissioners indicates the preponderance of persons with civil service background. Members with civil services
background no doubt bring with them wide experience and an intricate knowledge of government functioning; however to inspire
public confidence and in the light of the provisions of the Act, it is desirable that the Commissions have a large proportion of
members with non civil services background.”
B) Price WaterHouse Cooper’s Report on RTI Implementation says:
“5.6.3. The Information Commissioners who are ex-bureaucrats bring in the perception that they are “soft” while passing orders on
the PIOs. As per the Section 12(5) and 15(5), the composition of the information commissions should be such that it should have
people with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or
administration and governance. To implement these sections in spirit, it is recommended that the people who have worked in
Government should be restricted to 50% (if not less) as recommended in the ARC report.”
It is possible to fulfill the requirements of equitable selection of Information Commissioners only if vacancies are widely advertised
with clear statements of appointment criteria, where and how to apply etc. Furthermore, a framework for training and screening must
be set out by DoPT. Petitioners seek this Courts directions for the same.
III. Present Method violates Principles of Natural Justice

Information Commissioner is an independent quasi-judicial authority appointed by the Parliament through RTI Act. He has strong
investigative powers and judge-like powers which he is expected to exercise on behalf of dissatisfied applicants for information and
various Government institutions. As per Section 18, 19 and 20, he is expected to decide whether or not a member of civil society has
been improperly denied access to information by a public authority, and he is expected by the Parliament to facilitate civil society’s
access to information by acting on the basis of (1) complaints (2) appeals (3) suo moto action. He is expected to objectively decide on
various matters without fear or favour, and suitably impose penalties and recommend disciplinary action.
But how can he act without fear or favour if he owes his appointment to an arbitrary, non-transparent and unguided act of discretion
of the DoPT and PMO?
In the words of Justice Sujata Manohar: “The principles of natural justice have evolved under common law as a check on the
arbitrary exercise of power by the State. As the State powers have increased, it has become increasingly necessary to ensure that these
powers are exercised in a just and fair manner.“ The petitioner contends that the Principles of Natural Justice are compromised on
several counts:
a) Firstly, the citizen’s right to be heard by an unbiased tribunal is compromised, as the currently sitting CICs can barely be seen as
unbiased.
b) The principle of Audi alteram partem (The person concerned must be heard before a decision is taken) is compromised at the stage
of selection on two accounts:
i) While appointing Information Commissioners, not attracting applications and nominations from civil society through
advertisements implies not hearing most persons who are eligible for appointment u/s 12(5).
ii) Also, appointing Information Commissioners in an opaque manner, without due notice, prevents those who may wish to register
protest at a particular appointment. For example, citizens would surely have registered dissent at DOPT Secretaries and Government
spokespersons being made CICs if proper notice had been given.
26
c) The principle of Nemo judex in causa sua (A person will not judge a case in which he is himself interested.) The petitioner
contends that in order to facilitate impartial selections (i) either PMO and DOPT must distance themselves from the selection process
by appointing suitably-empowered citizens committees to put up candidates before the Prime Minister’s selection committee as per
Section 12(3), or (ii) they must declare as ineligible civil servants who are closely connected to these departments specifically, as also
government spokespersons, media advisors etc.
d) A recent third principle is that the decision must give reasons. Reasons may be elaborate or brief, but necessary to ensure fair
decision making. Every CIC’s appointment must be a reasoned process, where the pros and cons of various candidates are weighed
and thought through. This reasoning must be made readily available on the website to the public. Currently, this principle is not being
followed, and the process is completely opaque, even retrospectively.
IV. Present Method violates the following Supreme Court Orders on recruitment criteria vis-à-vis Article 16, 14
etc:
1) In Suresh Kumar and Ors. v. State of Haryana and Ors., 2001 AIR SCW 2545, the Supreme Court upheld the judgment of Full
Bench of Punjab and Haryana High Court quashing the appointments of 1600 Police Constables made without advertising the
vacancies. The High Court had reached the conclusion that the process of selection stood vitiated because there had been no
advertisement and no due publicity inviting applications from the eligible candidates at large.
2) Similarly, in Surinder Singh and Ors. v. State of Haryana and Ors., JT 2001 (5) SC 461, the apex Court quashed the appointments
made over and above the number of vacancies duly advertised being violative of Articles 14 and 16 of the Constitution as candidates
who possessed eligibility subsequent to the advertisement had no chance to be considered for recruitment. “Any appointment made
without advertising the vacancy remains unenforceable being violative of the mandate of the Articles 14 and 16 of the Constitution
and does not require to be protected and such an appointee cannot claim the relief of regularisation.”
3) In Excise Superintendent v. K.B.N. Visweshwara Rao, (1996) 6 SCC 216, the Supreme Court impliedly over-ruled its earlier
judgment in Union of India and Ors. v. N. Hargopal and Ors., (1987) 3 SCC 308, wherein it had been held that appointment by
calling the names from Employment Exchange was valid. The Court took the view that in addition to calling the names from the
Employment Exchange, vacancy has to be advertised in local newspapers and the appointment only by calling the names from the
Employment Exchange will be hit by the provisions of Articles 14 and 16 of the Constitution of India for the reason that those
persons who could not get their names registered with, the Employment Exchange cannot be discriminated merely on that ground.
4) In Sita Ram Mali v. State of Rajasthan, 1994 (2) WLC 177, the Rajasthan High Court deprecated the practice to appoint even on
daily wages without advertising the temporary/ad hoc vacancies, observing as under: "Making appointment on daily wages without
the availability of the post and without following the provisions of Articles 14 and 16 suffers from patent illegality. Apparently for the
reasons which are only extraneous, the Officers of the Department have given appointments on daily wages to few favoured.”
5) In Umesh Kumar Nagpal Vs. State of Haryana [(1994) 4 SCC 138 ] the Supreme Court held that, "As a rule, appointments in the
public services should be made strictly on the basis of open invitation of applications and merit. No other mode of appointment nor
any other consideration is permissible. Neither the Governments nor the public authorities are at liberty to follow any other procedure
or relax the qualifications laid down by the rules for the post."
Columnist-
Krishnaraj Rao
an important request by K. Rao to RTI activists for CCIC selection
-------------------------------
Parvati died, after bereaved her sons and daughter; who will answer the forcible eviction of Bellilious
Park and its affects on inhabitants
West Bengal, India
17th November 2009 at about 00.30 a full circle of human despair has been completed with the death of Ms. EM Parvati aged about
45 years and wife of Late EM Ganesh. Parvati was another name in countless aggrieved of apathy of state deliverance and mindless
development policy of the State, having nexus with eccentric ‘environmentalist’; for whom human lives of poor is most cheaper thing
in this earth, land grabbers and real estate barons, and resulting eviction and displacement of human beings from their lands,
residence and surrounding.
27
Bellilious Park of Howrah, a name always haunted civil society for inhumane eviction of thousands of socio- economic marginalized
families from their century old inhibition to sub humane condition of living under judicial and administrative orders in 2003.
Parvati was one of them, a Dalit woman engaged with manual scavenging and living at the said place for couple of generation. While
Bellilious Park eviction took place and she became homeless with many alike, she bereaved with the deaths of her two sons, one
daughter and husband. Though medical vocabulary would describe the reasons of their deaths as anything but not truth, her sons
Shiva and Gaddama (8 months) and Lakshmi, her daughter, were died due to the ultimate shame for mankind; called hunger.
Parvati had the courage, that’s why, she was still alive after these grieves and human sorrow and resettled her at Belgachhia Bhagar
(Dumping Ground for Solid Waste), always fought for legitimate demands of the evictees; as and when, MASUM organized those
protests and grievances before the duty bearers as well as other components of society. While the then UN Special Rapporteure on
Food, Mr. Jean Zeigler visited India on 31st August 2005, she was represented her woes before him along with MASUM activists at
Bhubeneshwar. On 23.03.2005 while MASUM protested before the Legislative Assembly of West Bengal, she was present there as an
aggrieved of Bellilious Park eviction. While all the duty bearers and state government shirked away their responsibility, the Hon’ble
Governor of West Bengal; Mr. Gopal Krishna Gandhi, shown rare gesture of humanity and sanctioned Rs. 100000 for her sustenance
from his relief fund. She was a patient of Pulmonary Tuberculosis for long and having regular medicines on last 13th of July, she
made a visit to the District T.B Center, but as doctor observed while preparing the death certificate that Parvati was severely
malnourished and anemic; her corpse was a mere structure of skeleton and it is a curse for the marginalized that medical science has
no remedy of hunger and malnutrition till now, one and only remedy is proper food, which was not with Parvati and others, like her.
Parvati left two minor daughters, one serving as domestic help in Delhi, and her employer are resisting her visit to their place and now
even not responding their calls, another girl was admitted to a charity school after pursuance of MASUM but she failed to continue
her study came back to her home to assist her ailing mother.
Hope a little better future is waiting for Parvati’s remaining daughters.
Report by-
Kirity Roy
---------------------------
Press Release by Citizens Initiative for Peace

We welcome the reports that the Government of India and the CPI (Maoist) are agreeable to the idea of talks. In the present situation
talks are the only way to come to a resolution of any problem, however difficult it may be.
We reiterate that the talks should be unconditional, and that they should be held at the central level. We propose the following steps to
expedite the dialogue:
1. Security forces should not move forward and should cease all operations
2. Maoists should cease all operations
3. This ceasefire should take place immediately
4. In order to enable villagers to resume their normal life the security forces must withdraw from schools, dispensaries and other
civilian buildings, as recommended by the NHRC. The Maoists must also give a commitment that government institutions like
schools, ration shops etc. will be allowed to function.
We hope and trust that both sides will carry on the talks with an aim to finding solutions to the concrete problems faced by the people
of the affected regions. Any disagreement in the first round should not lead to the breakdown of talks. There should be a series of
talks to arrive at mutually agreed solutions.
Press Release by-

Rajinder Sachar
Manoranjan Mohanty
Citizens Initiative for Peace
----------------------------------
28
'Say No to RTI Amendments' Dharna, NCPRI
November 14, 2009: Opposing the proposal to weaken the Right to Information Act by amending it within the first four years of its
implementation, people from 10 states across the country gathered together at Jantar Mantar for a day long dharna to warn the
government against bringing any amendments.
Several people’s groups and organisations and individuals and users of the RTI Act gathered at jantar mantar to support this dharna
organised by the National Campaign for People’s Right to information. Amongst those present were -Information Commissioner
Shailesh Gandhi, social activist Aruna Roy, economist Jean Dreze, CPI General Secretary D Raja, RTI activist Shekhar Singh,
renowned theatre personality Tripurari Sharma, Nikhil Dey and Swami Agnivesh of the ‘Bandhu Mukti Morcha’. A collective
demand was made to not amend the Act but to implement it properly.
At the beginning of the dharna, participants observed a two minute silence for noted journalist and RTI activist Prabhash Joshi. Social
activist and Magsaysay award winner Aruna Roy stated that by not allowing for any amendments to the RTI Act, we will be paying a
true tribute to Prabhash Joshi. Roy said that in order to thwart any move to amend the RTI Act, there was a need to keep up a
sustained and widespread people’s movement. She said that the RTI Act has not even reached every citizen of India today and the
government is already wary of the Act, and that amending the RTI Act would be a step towards weakening it.
After the dharna, a representative delegation of 7 members, led by Aruna Roy and Shekhar Singh, went to meet the DoPT Secretary
Shantanu Consul to discuss the current proposal regarding the amendments. The Secretary confirmed that a set of amendments are
under consideration, but before any amendments are approved, the DoPT will follow a transparent and open consultative process. All
further attempts at amending the law will be put on the DoPT website and affected parties and stakeholders will be consulted before
the government considers any amendments to the law. The Secretary further assured the group that the minutes of the meetings held
with the Information Commissioners in October 2009 will also be made available on the DoPT website soon.
People from urban and rural Delhi and Rajasthan participated in the dharna in large numbers. Groups from Gujarat, Uttar Pradesh,
Tamil Nadu, Bihar, Maharashtra and Uttarakhand were also present. On this occasion, Participants had brought several copies of the
letter opposing amendments signed by more people of their respective states and organisations and expressed their opinion through
slogans like ‘Say No to RTI Amendments’.
Information Commissioner Shailesh Gandhi, while addressing the dharna participants, stated: “This legislation has come into force
through people’s movements. It has actually made people the supreme force in the democracy. There is no need for amendments in
the Act. Development economist Professor Jean Dreze said that rather than limiting the Act by amending it, its scope should be
extended to include the private sector and bank transactions. CPI General Secretary D Raja said that in the year 2006 as well, the
Central government had tried to amend the Act, an attempt that was foiled by people’s groups fighting for the expansion of
democratic spaces. “Once again the government intends to amend this effective legislation, and this time, too, people’s campaigns and
groups will come together to oppose the amendments,” said Raja. He also said that the current proposal reflects the government’s
intentions towards an open and transparent system of governance. He said that the Right to Information is essential for any
democracy, especially because it enables the participation of ordinary citizens.
Swami Agnivesh of the Bandhua Mukti Morcha asserted that any effort to weaken or amend the RTI is unacceptable and will not be
tolerated. He said the government’s attempt to amend the law is like robbing the RTI of its letter and spirit. Professor Shekhar Singh,
environmentalist and founder member of the NCPRI, said that the issue of amendments should be treated with gravity and that any
attempt to amend the Act should be opposed tooth and nail.
The day long dharna ended with the participants affirming that if the government goes ahead with the amendments to the RTI
without wide public discussion and debate, we will gather once again in large numbers at Jantar Mantar to oppose any move by the
government to weaken the RTI Act.
Press Release by-

National Campaign for People's Right to Information
NCPRI
------------------------
29
One muslim youth inhumanly tortured by some armed hooligans of the Indian state
West Bengal, India
Name of victim: Mr. Anwar Gain, son of Late Elahi Baksh Gain, aged about 35 years, by faith-Muslim, Post Office and Village -
Tetulberia, Police Station - Gaighata, District - North 24 Parganas, West Bengal, India.
Name of perpetrators: (1) Mr. N R Paswan, BSF Camp-Inspector; (2) Mr. S. Hudda and (3 – 7) five other BSF constables, all from
Tetulberia Border Out-Post Camp, Company-F, Battalion-126, Border Security Force, Police Station- Gaighata, District- North 24
Paraganas; (8) The Officer-in-Charge of Gaighata Police Station.
Place of incident: At the victim’s house at village -Tetulberia, Police Station - Gaighata, District: 24 Parganas.
Date and time of incident: On 3.9.2009 at about 2.30 pm to 7 pm
Case details:
It revealed during our fact finding that on 3.9.2009 at around 2.30 pm the victim Mr. Anwar Gain was taking rest in his house after
coming back from his farming land. At that time Mr. N. R. Paswasn, Mr. Hudda and other 5 BSF jawans from Tetulberia BSF
attached with Battalion no. 126 of BSF ‘F’ Company surrounded his house and called him up.
The victim came out of house and those BSF personnel started shouting bringing allegation against him that some cows were kept for
smuggling at his Bansbagan (bamboo garden). He told them that he just came from that place and there was no cow assembled for
smuggling. But the perpetrator BSF personnel did not pay any heed. They asked him to go to the said bamboo garden with them.
Then the victim was taken away in BSF vehicle and he landed at Tetulberia BSF BOP Camp.
In the evening on the same day some villagers namely Mr. Mantu Ghosh, , Mr. Abhimanyu Ghosh, member of local Gram Panchayat
(Village Council), Mr. Asim Halder accompanied with Mr. Ghulam Gain, victim’s brother along with Ms. Fatima Bibi @ Gain, wife of
the victim went to Tetulberia BOP BSF Camp.
Upon arriving at the BSF camp Ms. Fatima Bibi @ Gain was stopped at the entry gate and she was not allowed to enter into the said
BSF Camp premises. She was humiliated with filthy languages by some BSF personnel who also pushed and thrown her out of the
gate. Rest of the people was told by Mr. N.R. Paswan that the victim was involved in the smuggling of cattle for which he was
apprehended and kept in BSF custody.
Mr. Ghulam Gain, victim’s brother tried to convince Mr. N.R. Paswan saying that the victim had done smuggling only once about two
years ago but now he bore no connection with any type of illegal activities. Mr. Paswan did not pay any heed and reportedly told him
that if he wanted to see his brother alive then they must give Rs.25, 000/- to him or else the victim would be killed. Then the victim
was called only once in front of them and they became shocked by seeing his physical injuries. There were marks of sever assaults and
marks of heamatoma on all over his body.
On the same day i.e. 3.9.2009 Mr. Ghulam Gain, victim’s brother reportedly took Rs.10, 000/- on loan from one Mr. Pavitra Halder
son of Late Kanai Halder and gave it to the perpetrator BSF personnel. Then the victim was released from BSF Camp but before
releasing him, his thumb impression was reportedly taken on a blank paper forcibly by BSF. The perpetrator BSF further threatened
the victim and family that if they tried to take any step against BSF then the victim would be implicated in a false criminal case.
Then the victim was immediately admitted in Bongaon Sub-Divisional Hospital for treatment and he remained under treatment in
the said hospital from 3.9.2009 to 5.9.2009.
After being released on 5.9.2009 from the hospital the victim filed a petition of complaint in the court of Additional Chief Judicial
Magistrate, Bongaon, North 24 Paraganas under section 156(3) of Criminal Procedure Code vide Misc. Petition no. 844/09 and
prayed for direction upon the Officer-in-Charge of Gaighata Police Station to treat the petition of complaint as FIR (First
Information Report) and start investigation. The court allowing the prayer of the victim sent the petition of complaint to Gaighata
Police Station. Thereafter Gaighata Police Station initiated a case vide Gaighata Police Station Case no. 227/09 dated 09/09/2009
under sections 323(voluntary causing hurt)/341(wrongfully restraining any person)/ 354(assault or use of criminal force to a woman
with intent to outrage her majesty)/ 379(theft)/308(attempt to culpable homicide)/448(house trespass)/504(Insult intended to provoke
breach of the peace)/34(common intention) of Indian Penal Code.
Report by-
Kirity Roy
---------------------
30
Death Penalty hanging over Professor Davinderpal Singh Bhullar
You may recall the case of Professor Davinderpal Singh Bhullar, a Sikh political activist, who went to Germany almost 15 years ago in
December 1994 to seek political asylum after his father was disappeared by the Punjab police in 1991 and his family was repeatedly
harassed and tortured.
Bhullar was a known political dissident and had claimed that his life was at risk in India because of his political activism. His family
was persecuted as evidenced by the ‘disappearance’ of his father, uncle and best friend. Following an unsuccessful asylum application
in Germany in January 1995, he was deported back to India on the basis of he had nothing to fear. Professor Bhullar was handed over
to Indian police officials on German soil even before deportation. He was arrested upon arrival and he has now been in prison for
almost 15 years.
The German immigration authorities returned him to India but in his absence a Higher German court (Verwaltungsgericht Frankfurt,
Case 8E50399\94.A(1)) ruled that he should not have been sent back because his life would be in danger in India, effectively
overruling the prior decision. Germany by deporting someone to a death-penalty prone country violated the European Convention on
Human Rights and is morally obliged to do all it can to seek Professor Bhullar’s release because weaknesses in the German asylum
system have led to him facing the death penalty.
While in India Professor Bhullar was put on trial in a conspiracy case and on 17 December 2002 his sentence to death was confirmed
by the Supreme Court although based on erroneous facts. Professor Davinderpal Singh Bhullar's case is one of the most controversial
and highest profile death penalty cases in recent Indian history. For the first time in India’s Supreme Court’s history, someone was
sentenced to death on the basis of a split judgment. The presiding judge, Justice Shah totally acquitted the accused whereas the other
two judges, Justice Aggarwal and Justice Passayat upheld the death sentence.
Two of the three-judge panel in the Indian Supreme Court upheld the death sentence arguing that proof “beyond reasonable doubt”
should be a “guideline, not a fetish,” and that procedure is only “a handmaiden and not the mistress of law.” The presiding Judge,
Justice Shah acquitted Professor Bhullar and substantiated his decision by stating that the conspiracy theory falls flat as the “rest of the
accused who are named in the confessional statement are not convicted or tried.” A plot or conspiracy by definition involves two or
more persons and “it is trite to say that one person alone can never be held guilty of criminal conspiracy for the simple reason that one
cannot conspire with oneself,” he said.
The confession statement, allegedly extracted under torture, was signed by a thumbprint. For a man who is highly educated, the sign
of a thumbprint implies duress. A confession made before a police officer under normal criminal law is not admissible as evidence.
Furthermore, none of the 133 witnesses produced by the prosecution, while the case was in lower court, identified Professor Bhullar.
While Justice Shah concentrated on the facts of the case, Justice Pasayat chose to decide the case with political rhetoric and find
Professor Bhullar guilty based on contradicting arguments and judgments. The police, in contravention of the law, failed to send the
confessional statement at the earliest opportunity to the magistrate concerned. The other two judges upheld the confession admissible
saying that neither proof beyond reasonable doubt nor procedure was important.
The presiding judge in the Supreme Court of India, Justice Shah, who found Bhullar not guilty, asked in December 2002, that the
death sentence be commuted “…considering the majority view also, in my opinion, if death sentence is altered to imprisonment for
life, it would be sufficient to meet the ends of justice…”
Professor Bhullar has now been on death row in Tihar Central Prison, New Delhi for almost 7 years. During this period he has lived
knowing that he can be taken any day to the gallows. In 2002 and 2003 considerable international pressure was applied by MPs and
MEPs from the UK, politicians in Canada and elsewhere on the German and Indian authorities to prevent his execution. Assurances
were given by leading Indian politicians that the death sentence would not be carried out. However, each day for the last 7 years the
Professor has been held in solitary confinement and waking up thinking this will be his last day. In many cases this is a torture worse
than death. At times when in suits politicians it has also been suggested he may be released having been in prison for almost 15 years
in a controversial conspiracy case.
As we approach the 15th anniversary of Professor Bhullar’s incarceration I am writing to request you write to: i) the German
Government; ii) the European Parliament President; iii) the EC Commissioner for External Relations; and iv) the Indian Government.
In the letters it would be helpful if you could urge those concerned across Europe to press the Indian President to immediately
withdraw the death sentence imposed against Professor Davinderpal Singh and secondly demand a full review of the Professor's case
in accordance with international law, under monitoring by UN observers. Our view is this could result in his release given he has
already spent almost 15 years locked away. As India prepares to host the next Commonwealth Games UK politicians have a unique
opportunity to push the Indian authorities to signal an end to the death penalty and the release of political prisoners, such as Professor
Bhullar.
31
We also now have Sikhs contacts in 22 of the 26 other EU countries therefore we are encouraging Sikhs in mainland Europe to put
pressure on their MEPs and their own governments so we have the support of as many EU member states as is possible to exert
pressure on India on the death penalty. As the EU is India's largest trading partner with about 25 percent of Indian exports coming to
EU countries. The EU also provides the most foreign investment to India. Last year two-way trade between India and the EU totalled
about euro38 billion. If the EU is serious about bringing an end to the death penalty is should link this directly to trade with India.
In March 2010 Sikhs across Europe wish to arrange a Sikh lobby of the European Parliament, but need confirmation that practicing
Sikhs will be allowed to enter the main Parliament building without compromising their articles of faith to meet with their elected
representatives. This has not been possible for the last three years and it is unacceptable that Sikhs are prevented from meeting their
MEPs in Parliament. We would welcome confirmation of what you are doing working with other MEPs to resolve this difficulty and
preventing such discrimination.
Report by-
Jagtar Singh
----------------------------
Bastar Range: youngest I.P.S officers take this range towards road to peace (From the perspective of the
poor [Nange Paon] people)
Peace leads to Human Rights; Vishwaranjan recovers the lost Human Rights of the poor.
The peaceful jungles of Bastar were turned disturbed and made full of horror by almost all the departments of the government, since
1980. The nefarious acts of different government departments resulted in to Naxalism. It was not only the police department, which
should be exclusively held responsible. But now it is only the police department which had to handle the situation, rest of the
departments still keep them aloof from the process of peace – building in the region.
Poor: worst victim in adversities
In any calamity or adversity, the poor are the worst victims of such situations. This happened to poor of Bastar also. They were
vulnerable to both the forces; the police and the rebels (naxals) and were victimized by both. In the long run, they lost their faith on
both. Loosing faith in police meant “no faith in government at all”. Naxalites did not offer long – term solutions to their problems.
Presumption of the poor was “that the naxalites are their protectors” but brutal beating and murder of tribal en-masse by these
people compelled them to rethink and change their assumptions.
Team of Young I.P.S. Officers now improves it
In Bastar range, we have youngest I.G., D.I.G & Superintendents of Police. But these young people have formed a reliable network
and ensured their reach to every nook and corner of the range. They are improving the situation day by day; gradually these young
people seem to bring peace against all the odds faced by them. Of five districts in the range, S.P.s has to face variety of problems.
Sri K.P.S. Gill said in one of his interviews that “Operation Green Hunt” is going to be a failure, but looking to zeal & commitment of
young police officers in Bastar range, it appears that they can handle even biggest of biggest ever operation.
If we gloss at recent encounters and police action, we will find that:
· Only armed and uniformed naxals fell prey to police bullets in different encounters.
· No civilian has been harassed & detained by the police – administration.
· Widely condemned draconian law C.S.P.S.Act 2005 has not at all been misused by the police in the range.
· There is no local dissent against the police.
· All the young S.P.s have opened their chambers for the common people, earlier S.P.s chamber was a distant dream for the poor of
the area. The poor of the area were afraid in entering even the police stations. Patient listening and immediate grievance –redressal
practice of these young S.Ps has helped them in winning confidence of the poor in the area. By initiating this practice, Young S.Ps
have ensured connectivity of the poor of the area with the government.
· Now, the public starts coming to police stations to report if there is presence of naxalites in their respective villages. The Mukuttong
experience is the recent example. The villagers themselves went to report against their displacement by the naxalites in police station –
Konta. Mukuttong falls in Dantewada district.
32
· In villages, the situation is calm and quiet, but many persons keep spreading misconceptions about the “Operation Green Hunt”.
D.G.P. Vishwaranjan succeeds in; convincing the people about the violence perpetuated by the naxals &
demystifying the preconceived notions about Mao T’se Tung:
Sri Vishwaranjan who heads the police in the state is “combination of contradictions”. He is known for his inspirational writings also.
His interest in culture and literature distinct him from his fellow compeers in Indian Police Service. His historical “Burkley
presentation” (27/09/2008) easily convinces the audience about naxal – violence in Bastar Range. His deep knowledge about different
facets of “Communism” and the way of his presentation indoctrinates the audience with “anti – Maoist” thoughts. He is known to
every nook and corner of the Bastar range, as he was S.P. of Bastar during his youth hood.
As the police head of the state, he keeps boosting up courage of sub – ordinates, but on the contrary he warns also for not touching
the civilians and innocent villagers. He seeks to bring peace in the region through peaceful means only because he is known to the & is
familiar with the region since 30 years. The 30 year old emotional tie of Sri Vishwaranjan with the range is an important peace –
building factor in the region.
Last but not the least, in depth knowledge of Sri Vishwaranjan about Mao T’se Tung inspires not only the S.P.Os but also the
intelligentsia to keep aloof from Maoist theories of war and only war.
Report by-
Rajesh Singh Sisodia
Organizer
Nange Paon Satyagraha, Vivekanand Nagar, M.G.Road – Ambikapur (C.G.)
-------------------------------
One more extra judicial killing of an Indian dalit by the Border Security Force and acquiescence of
police
West Bengal, India
We conducted a fact finding upon information received that the victim Prashanta Mondal (deceased), District-Murshidabad was
gunned down by the involved BSF personnel attached with Out-Post no.1 under DMC BSF BOP Camp, Lalgola Police Station,
Murshidabad. The incident took place on 17/8/2009 at about 4 am. The victim was reportedly apprehended by the perpetrator BSF
jawans, taken into custody, subjected to severe physical assault, three rounds were pumped down on his body and lastly his body was
left to remain on the spot for hours until brought to police station on the next day. This inhuman act is itself proof of criminal
intention that the bullets were pumped down on the body of the victim with definite intention to eliminate him instead of handing
over him to police on existence of any allegation of crime committed by him.
One complaint of encounter over the incident was lodged at local Lalgola Police Station by BSF vide Lalgola Police Station Case no:
468/2009 dated 17/8/2009 under sections 147/149/186/307/353 of Indian Penal Code.
The family of the victim tried to lodge one complaint against the perpetrator BSF personnel at local Lalgola Police Station but the
police refused to take any complaint and the same police station still refuses to accept the receipt of any complaint from the victim’s
family though such complaint was sent by registered post on 8/9/2009 and which was received by the police on 9/9/2009.
The right to life of the victim has been grossly violated by the perpetrator BSF jawans and the police of Lalgola Police Station. Our
attached fact finding report gives details of this incident.
>>
Name of victim: - Prashanta Mondal (deceased) son of Mr. Subol Mondal, Caste-Schedule Caste, address-village: Bairbona, Police
Station – Lalgola, District- Murshidabad, West Bengal, India.
Name of perpetrators: - (1) Border Security Force personnel attached with Out-Point no.1 under DMC BSF BOP Camp, Lalgola
Police Station, District- Murshidabad, West Bengal; (2) The Officer-in-Charge of Lalgola Police Station, District-Murshidabad.
Place of incident: - Near Out Post no.1 under BSF Camp of DMC BSF BOP under Lalgola Police Station, District- Murshidabad
Date and time of incident: - On 17/8/2009 at about 4 am.
33
Case Details:-
It revealed from our fact finding that on 16/8/2009 Mr. Prashanta Mondal completed his dinner and went to bed at 10 pm. On
17/08/2009 at around 2 am two persons from Naldahari village named Mr. Sharful Shiekh son of Mr. Septaj Shiekh, and Sepataj’s
father Mr. Giyajuddin Shiekh called Mr. Prashanta Mondal and took him out of his house; which was unknown to his family
members. Next morning till 8 am he did not return, which made his family members worried. They started searching for him at every
possible place.
On 17/8/2009 at about 10 am Mr. Subol Mondal and his wife Ms. Nandrani Mondal came to know that their son Mr. Prashanta
Mondal was shot dead last night near outpost no 1 by some BSF personnel attached with DMC BSF BOP Camp, Battalion no. 105,
Police Station-Lalgola. They also came to know from local people that his body was brought at Lalgola Police Station in a tractor. Mr.
Subol Mondal, his wife Ms. Nandrani Mondal and some other family members along with some villagers went to Lalgola Police
Station. There they saw that the body of the victim was lying on a trolley of the tractor.
The family of the victim Mr. Prashanta Mondal came in contact with local villagers and they disclosed that there was one eye witness
of the incident namely Mr. Ismail Seikh residing at Uttar Latibar Para, Dhagapara under Lalgola Police Station who was present at
the place of incident at the time of the incident when the victim was caught by the involved BSF personnel on suspicion of being a
smuggler. At that time he was present on the spot but hide himself in a nearby jute field in order to save his life. He reportedly saw
from there that BSF personnel was beating the victim Mr. Prashanta Mondal brutally with sticks and butts of their guns and tied his
eyes with a ‘Gamchha’ (a cloth used as towel by villagers). After that they forced him to stand few distance away and then BSF
personnel fired three rounds from their guns aiming at the victim and the bullets hit on his body i.e. one hit on his forehead, one on his
chest and one on his thigh. He instantly fell down on the ground. Then the BSF persons hide his body inside the bunch of raw jute
sensing him as dead.
The villager also disclosed that said Mr. Ismail Seikh was also caught by the BSF personnel from the place of incident and he was
mercilessly assaulted by the perpetrator BSF personnel. Then he was brought to DMC BSF BOP Camp and later in the morning on
17/8/2009 he was sent to Lalgola Police Station.
The family members of the victim also came to know from the villagers that on 17/8/2009 in the morning one tractor reached at the
place of incident and the driver of the tractor found the body of the victim while he was loading jute on his tractor. At that some BSF
personnel were also present there. They asked him to take the body to Lalgola Police Station by his tractor and they reached at the
police station at around 11 a.m. on 17/8/2009 with the body of the victim.
The family members noticed that there were several marks of bullet injuries on his body- one on his forehead, one on his chest and
one on his thigh. Two ofthe bullets entered into the thigh and the chest went out through the other side perforating the body and one
bullet exited from near left ear area on the head. Lalgola Police Station started an Unnatural Death Case in the matter of the death of
the victim vide (Unnatural Death) U.D. Case no. 10/2009 dated 17/8/2009 and the body of the victim was sent to Lalbagh Sub
Divisional Hospital for post mortem examination (P.M. no. 191 dated 17/8/2009).
On 17/9/2009 our fact finding team went to Lalgola Police Station and talked with Mr. Dulal Biswas, the Officer-in-Charge of the
said police station. He told our team that on 17/8/2009 Mr. P. Rudro, Company Commandant of Company-E of DMC BSF BOP,
Battalion-105 BSF filed a written complaint over the incident of BSF firing. In the complaint the incident of firing was justified
reiterating that firing was done in self defence upon being attacked by smugglers. In pursuance to the said complaint the police
initiated a case vide Lalgola Police Station Case no: 468/2009 dated 17/8/2009 under sections 147/149/186/307/353of Indian
Penal Code.
Our fact finding team came to know that the police refused to take any complaint of the family members of the victim against BSF.
On 8/9/2009 the family members of the victim then send the complaint to the police of Lalgola Police Station by registered post with
A/D.
Mr. Dulal Biswas also told that no complaint has been launched by the victim’s family against BSF till date. He also told that if victim’s
family would come to lodge any complaint in future then he would surely take step. Then our fact finding team informed him that on
8/9/2009 victim’s father Mr. Subol Mondal sent a written complaint addressing the Officer-in-Charge of Lalgola Police Station by
registered post with A/D. Mr. Dulal Biswas denied of getting any such complaint from the victim’s family and he said that they cannot
initiate any case upon a complaint sent to them through post.
On 22/10/2009 at around 1 pm our fact finding team again asked Mr. Mahadeb Roy, Assistant Sub-Inspector of Police of Lalgola
Police Station, over phone whether any case against the BSF personnel has been initiated or not. He told that till date he has not
received any complaint against the BSF personnel from victim’s family. But the postal acknowledgement receipt of the complaint letter
sent to Lalgola Police Station clearly shows that the letter was received on 9/9/2009.
Report by--
Kirity Roy
--------------------
34
Naxals destroy two school buildings in Dantewada
Chhattisgarh, India (3 A.M on 6th of November)
So – called safe guarders of the poor have once again showed their real face tonight at 3 A.M. by destroying the Peoples property. Two
school buildings at Village Phulpad Police Station – Kuakonda were destroyed by them.
This way, they deprived hundreads of Children from their constitutional right of Education. Those poor Children & their families are
voiceless subjects of state and subjects of research for the intellectuals.
Whereas in policies of the welfare state, they are masters.

We demand:
• Immediate action upon the teachers of the school for not being able to rescue the school – building from where they procure salaries.
What they were doing.
• From the Naxal leaders to indoctrinate their cadres to destroy houses of TATA & BATA: AMBANI & BIRLA: JINDAL & MITTAL.
• From the “esteemed documenters & publishers” of a document called “When the State makes War On Its Own People” to come to
Dantewada and create a document “When the Armed Citizens destroy the Disarmed & Poor
(Nange Paon)Peoples Property”.
Pledged to remain bare – foot until human rights are totally exercised;
Report by-
Rajesh Singh Sisodia
Organizer
Nange Paon Satyagraha, Vivekanand Nagar, M.G.Road – Ambikapur (Chhattisgarh)
--------------------------
Indian citizens including the minors have to know all the names of the ministers of Indian Government
West Bengal, India
I am attaching an incident of utter violation of rights of a child, not only by the domestic legal laws but also contravening the articles
of UNCRC, which has been ratified by the Indian State more than decades ago and by that having the compulsion to ensure the
rights of the children as par UN convention on Child.
Again a girl child is most vulnerable to infringement of her rights and here is a case where the violation was committed by a person
who belongs to armed band of state machinery.
The incident was not an isolated one but in rampant throughout the Indo- Bangladesh border and taking an epidemic form.
I want to make it clear that this is not a single case where a BSF personal molested a girl child; it afflicted whole community residing
along the Indo- Bangladesh border.
I am concerned by the long drawn silence of human rights institutions and requesting before your office to take up the case as an
example of BSF atrocities upon the minors and appropriate actions against violation of Article 21 of Indian Constitution by which life
with dignity has been ensured not only to the adults but minors also.
The incident violated various articles according to the UNCRC and its mandatory provisions which have been rested upon to the
State party to guarantee for all children and our State is a party of that convention.
For instance:-
Article 34
States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse.
Article 37
States Parties shall ensure that:
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment.
35
Article 3
1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative
authorities or legislative bodies, the best interests of the child shall be a primary consideration.
Article 6
1. States Parties recognize that every child has the inherent right to life.
2. States Parties shall ensure to the maximum extent possible the survival and development of the child.
Article 12
2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings
affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules
of national law.
Article 16
1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to
unlawful attacks on his or her honour and reputation.
2. The child has the right to the protection of the law against such interference or attacks.
Article 39
States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child
victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or
punishment; or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, self-
respect and dignity of the child.
++++++++++
Name of the victim: 1. Ms. Uma Haldar, Daughter of Mr. Nitai Haldar aged about 14 years, 2. Mr. Nitai Haldar, son of Late Keshab
Haldar, village- Jalkar Bhomra, Post – Kasthadanga, Police Station- Haringhata, District – Nadia, West Bengal
Name of the perpetrator: Pushpendu Singh, attached with ‘G’ Company of Battalion 126 of Border Security Force, posted at Angrail
BSF camp and other personnel of BSF of the said camp and battalion.
Date and time of occurrence: 10.10.2009 at about 11.00 a.m.
Case Detail:
We have intimated by Ms. Shila Sarkar, the proprietor of the Jeebandeep Nursing Home of village- Angrail, under Jhaudanga gram
Panchayet of Gaighata police station, District – 24 Parganas (north) that she and her husband Dr. Dulal Sarkar, by profession a
medical professional catering medical support through their nursing home to a number of villagers living along the Indo- Bangladesh
border; mainly from two districts, 24 Parganas (north) and Nadia. As the governmental health deliverance is very poor in the area,
people are mainly dependent on private services.
In this case, the BSF personnel stationed at the said out post are flinching a incessant subjugation and tarnishing the dignity of persons
by various measures and to majority who are coming to the said nursing home. In most of the cases the posted BSF personnel often
are asking about their citizenship identity with derogating remarks and against the secular principles of our country. In each and every
case they want to show the identity proof of the villagers coming for treatment and in many incidents after showing the same, they
have been physically assaulted and verbally abused. In all these incidents, the matter had been solved by the intervention of BSF
higher ups with the doctor and local panchayet with the victims. But now the subjugation has crossed every limit of human tolerance.
On 10.10.2009, Mr. Nitin Haldar came to the said nursing home to treated his daughter; Ms. Uma Haldar, aged about 14 years of
above mentioned address, after getting treatment while they were returning, the said culprit; Pushpendra Kumar of ‘G’ Company of
Battalion 126 of BSF, posted at the said place at the time of incident, forcibly restricted their movement and asked for their identity
card, while they showed the same, the said BSF personnel asked Mr. Haldar about the name of the Prime Minister and others, but he
failed to answer while asked about the name of the president. It was happened in full public glare and a representative of local PRI,
the pradhan of Jhowdanga Gram Panchayet. The BSF personal even tried to drag the girl by holding her hand, which was in nature
of molestation. The father and daughter duo screamed for rescue and after the intervention of locales and the doctor, the said BSF
personal, released the girl.
The said doctor and her wife, Dr. Dulal Sarkar and Ms. Shila Sarkar made a complaint in Gaighata police station and the complaint
was registered as Gaighata PS case no. 499 dated 10.10.09, under sections 341/323/506 of Indian Penal Code. In this case the said
36
Prodhan and one Member of Gaighata Panchayet Samity, Dr. Subrata Sarkar were the witnesses and Sub Inspector, Mr. S. Ganguly
has been appointed as Investigating Officer.
The victim girl and her father still in fear and do not utter many happenings due to the ongoing atrocities perpetrated by the BSF
personnel posted at the said area. They only confirmed that the doctor and PRI representatives made the complaint after the torment
upon them.
Though there is a registered complaint against the BSF personnel, till date nobody has been arrested, interrogated and no statements
has been recorded or even the victims have been contacted by the police or who lodged the complaint; which again show the nexus
between the local police and BSF, and ultimate enjoyment of impunity by the bands in uniform.
--
Report by-
Kirity Roy
----------------------
Getting a fake FIR instead of information under RTI, (Bihar state RTI reality)
Bihar, India
I am activist by nature and when found malpractices in issuing Kisan Credit Card from Madhya Bihar Gramin Bank, Arai, filed an
RTI application seeking related informations. My application was rejected by PIO with a comment that informations are of
confidential nature and may cause some business competitions. Anyway, I escalated the corrupt activities of Branch Manager to
higher level officers. First of all he started to say that he will lodge an FIR against complainant.
Without fear, I was escalating the issue and also informed near about all police officers about his threatening with no result. On
05/10/2009 Branch Manager lodged an FIR to Daudnagar Police Station under section 34, 323, 341, 379 and 504 FIR NO.
217/2009 (Ps Daudnagar, Dist. Aurangabad, Bihar) and also accused two other complainant Santosh Kumar and Sriram Mouar. On
28/10/2009 Station In charge imposed 107 again. It is mark able that Branch Manager Mr. Ram Dinesh Singh's residential house is
just near to Daudnagar Police Station and I think between Officer In charge, Daudnagar PS and Branch Manager is a mutual
understanding to help each other in malpractices. It's amazing that a most corrupt bank official is also getting support for his corrupt
activities from local police officers.
For Detail PDF file please click Complaints by Rajnish
Report By-
Rajnish Kumar
-------------------------
MAHARSHTRA GOVERNMENT SPONSORED PROGRAMME FOR VIOLATION OF BASIC, FUNDAMENTAL

CONSTITUTIONAL HUMAN RIGHTS GUARANTEED BY THE CONSTITUTION of INDIA
Please read the copy of petition filed with the Honorable Supreme Court of India against The Maharashtra State Government and
The Secretary and Managing Committee of Premnagar Bldg No. 5 Co-op Hsg Society , Borivali(West), Mumbai-400092.
I am very sorry to inform you about very casual and negligent approach of the Maharashtra State Government , At India.The
Maharashtra Government is not at all interested in solving my Complaints numbers PRSEC/E/2009/05151 Dated 20/08/2009
( transferred on 28/08/2009) And Complaint Number PRSEC/E/2009/07174 Dated 15/09/2009(transferred on 13/10/2009). The
complaints had been transferred to The Secretary AR And O AND M Long back . Still violation of Human Rights is continued
deliberately and continuously since more than 6 Months with the support of Maharashtra State Govt Departments Viz.,
Municipality,Police Department. I just want to know why no action is taken so far. Indian Govt has signed International Treaty for
protection of Human Rights.Please take into account very ……..very shameless and casual approach of The Maharshtra State Govt
for open & Day-light violation of Basic & Fundamental Human Rights ( granted by Constitution of India to each & every citizen).
How can any Member or Members can carry on Business Activities from Residential Co-operative Housing Society ?
37
It is just gross violation and encroachment or attack on basic human right to live peacefully and dignity at residential area. Why only 3
to 4 Members are allowed to conduct business ? We are in total 112 members at society , allow all the Members to conduct business.
It is very transparent and clean violation of constitutional human rights guaranteed by Constitution of India.
It is just deliberate and un-interrupted criminal act since last almost 6 months with the help of Local Police Station,Mumbai
Municipalityand may be other departments. My dear friends it is a matter of Continuous & uninterrupted deliberate violation of my
basic fundamental human rights(granted to all citizens under constitution of India) It calls for immediate criminal action against all
responsible persons,employees,government servants of State Govt and The Co-op Hsg Society where I live with my family.
My demand is my Basic and fundamental Human Right to Life ,Right to live peacefully and Right to Live with dignity. An activist
judiciary has also served to expand the scope of fundamental rights to incorporate economic and social rights as well. Progressive and
creative judicial intervention expanded the scope of Article 21 of the Indian Constitution which guarantees the Right to Life. Justice
Krishna Iyer and other activist judges, through a series of very significant judgements, drew extensively from human rights law, to
conclude that the right to life means the right to live with dignity, and that the right to live with dignity includes the right to livelihood,
right to education and right to health.
The constitution of India provides its citizens certain Fundamental Rights. These rights and duties are among the vital sections of the
Constitution and prescribe the fundamental obligations of the State to its citizens and the duties of the citizens to the State. These
essential elements of the constitution were developed between 1947 and 1949 by the Constituent Assembly of India. Part III of the
Constitution of India defines the Fundamental Rights. These rights are basic human rights of all citizens and can be applied
irrespective of race, place of birth, religion, caste, creed or gender. They are enforceable by the courts, subject to specific restrictions.
Rights are synonymous to freedoms and these rights or freedom is essential for personal good as well as the good of the community. In
addition to that the rights guaranteed under the Constitution of India are fundamental because they have been incorporated into the
Fundamental Law of the Land and are enforceable in a court of law.
If the state Government of Maharashtra and its departments do not want to take action please show me reason why? I have all rights
to have information. My next question is why no action is initiated against departments,persons responsible for violation of human
rights ? It means the Maharashtra Govt does not respect The Constitution of India and The Basic , Fundamental Rights of Citizens
of India granted under constitution of India.
If The Govt of Maharashtra and its departments viz; Municipality ,Police and Other concerned departments do not want to take
action it amounts to Contempt of The Constitution of India and Disregard for the Fundamental Human Rights granted by
constitution of India.
I am submitting the matter to the Honorable Supreme Court of India and The Presidents of India to decide to take stringent action
for contempt of deliberate and continuous Violation of Basic , Fundamental Human Rights granted by The Constitution of India
and disrespect for The Constitution of India by The State Government Departments and Our Co-operative Housing Society
Managing Committee.How Maharashtra Government can deny and refuse the constitutional Basic & Fundamental human rights
granted by the constitution of India. I have already filed petition with the Honorable Supreme Court of India for continuous and
deliberate violation of human rights since more than almost 6 months.How can just 3 to 4 members can conduct business activities
from Co-operative Housing Society causing terrible harassment & torture to remaining 98 Members. Why other members are not
permitted to use residential premises as commercial.It is a gross violation of fundamental human rights.Right to have equality ; rights
to live with peace & dignity.I have requested & prayed to the honorable supreme court of India to please issue stay order against
formation of new State Govt at Maharshtra.I/We the citizens of Mumbai do not want any ruling party whether Congress,B.J.P. or
others to rule our state.The Govt does not respect Human Rights,The constitution of India even 3 complaints sent to the President of
India had been overlooked by corrupted state government departments.
I have filed petition “WRIT PETITION S NO.13020, Diary No.26411 (CIVIL) OF 2009 IN THE SUPREME COURT OF INDIA
with the Honorable Supreme Court of India and Accepted by them. It is indeed pity that for protection of basic , fundamental human
rights citizen has to approach the supreme Court of India. The Maharashtra State Govt and its departments eg., Police,Municipality
and urba...n development must be punished. I wish we should have the President's Rule on permanent basis with presence of Central
Reserve Police Forces, commandos to enforce law & order in Maharashtra and Mumbai. I had lodged 3 complaints to the President of
India and transferred to Concerned Secretary at Mantralaya long back during August 2009, October 2009 but no action is initiated. I
would seek stay order to be issued by supreme court of India against formation of New Government. I/We the citizens of Mumbai do
not trust state Government and its departments for enforcing law & order at Mumbai.
By-
Kashyap Vyas
Member of Amnesty International For promoting and upholding human rights around the world!
---------------------
38
Why are most CICs Delhi-wallahs & Central Govt babus? Unconstitutional!
We must cry foul and blow the whistle! The composition of Central Information Commission shows that the current method of
selection completely biased in favour of those residing in Delhi / North India and having central government jobs, especially jobs
related to DOPT, PMO and Information Commission. Such biased appointments are inherently unlawful and unconstitutional. Go to
CIC website http://cic.gov.in/ and click on the individual CICs to read their professional and educational backgrounds. Below are
some significant facts excerpted from there:
· Wajahat Habibullah: formerly Secretary, Ministry of Panchayati Raj, and Secretary, Ministry of Textiles Government of India.
Education: Senior Cambridge: The Doon School, Dehra Dun. Bachelor of Arts (Honours)-History: St Stephens' College, Delhi,
India. Master of Arts (History) University of Delhi.
· A N Tiwari: formerly Secretary, Ministry of Personnel, Public Grievances and Pensions (DoPT) and Secretary, Department of
Urban Employment and Poverty Alleviation. Master of Arts (MA) in Politics from Allahabad University.
· M M Ansari: Formerly Professor & Director, Hamdard University, 2004-05; and Director of Distance Education Council, Indira
Gandhi National Open University, New Delhi. Holds a Ph.D degree in Economics, PG Diploma in Public Finance, M.A. Economics,
from the Universities of Buckingham (England) and also Aligarh.
· Annapurna Dixit: Physics (Hons), Masters and M. Phil Degrees in Education; all from Delhi University. (Professional credentials are
vague, but…) she is wife of J N Dixit, former National Security Advisor to Govt of India.
· Satyendra Mishra: Worked two stints in Government of India in the Ministry of Personnel (i.e. DoPT) for more than two years. M
Phil in Public Administration (Punjab), besides other qualifications.
· M L Sharma: IPS, Rajasthan Cadre. MA in Economics from Delhi School of Economics.
· Mrs Deepak Sandhu: Former Media Advisor to the Prime Minister, and Principal Director General (Media & Communications),
Union Ministry of Information and Broadcasting. Educated largely in Delhi, Chandigarh and Mussourie.
· Mrs Sushma Singh: formerly Secretary, Ministry of Information & Broadcasting and also Panchayati Raj, Govt of India.
· The only exception seems to be Shailesh Gandhi, Former Mumbai-based entrepreneur and B.Tech from IIT Bombay. Even he is a
North Indian (well, sort of, because he is a Gujarati), and he had a crucial pending RTI application about Prime Minister’s Fund,
which he later “renounced”… but there the similarities end.
The post of Information Commissioner, unlike the post of Governor, cannot be given as a reward for past performance. It is not an
“ornamental” or “figurehead” post for an eminent person to cut ribbons and address five-star gatherings. The post of Information
Commissioner is that of a watchdog. It demands daily exercise of mind to procuring justice and information for scores of citizens, and
consistently high year-round performance. Current method of appointments of CIC and SIC (based on insider-information, political
godfathers and their horse-trading, instead of advertizing and inviting applications openly) violates Section 12 of RTI Act 2005.
Section 12(5) states: “The Chief Information Commissioner and Information Commissioners shall be persons of eminence in
public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or
administration and governance.” To give all such eligible persons a fair chance to apply for the post of Information Commissioner, the
government must cast its net far and wide, all over India and in all walks of life. It must attract a good number of candidates and select
the best with proper screening procedures. Section 12 clearly intends that a wide range of eminent and knowledgeable citizens should
be considered. Hand-picking people from a small inner circle of Central Govt Secretaries etc at DoPT, PMO, defeats the spirit of this
section, nurtures nepotism and protects vested interests within the administration.
The current method of appointing CIC and SIC also violates Article 16 of the Constitution, specifically sub-section 1 and 2.
Now refer to the Constitution of India:
Article 16. Equality of opportunity in matters of public employment.
(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the
State.
39
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or
discriminated against in respect of, any employment or office under the State.
Current Method of appointing CICs is against the spirit of Article 38 of the Constitution.
Article 38: State to secure a social order for the promotion of welfare of the people.
[(1)] The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in
which justice, social, economic and political, shall inform all the institutions of the national life.
[(2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status,
facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in
different vocations.]
Methods of selection currently being followed are not in keeping with the high constitutional ideals cited above. They are bad and
unjustifiable procedures that subvert the role of the CIC as a watchdog that protects the right of citizens to the information that
rightfully belongs to them.
The current practices deprive all of us of our right to be considered for the post of Information Commissioners. If we are tested
according to various objective criteria and found wanting, and therefore not considered for the post, fair enough. But if we all are ab
initio believed to be unfit for the job, and therefore not even informed -- not invited to apply -- we will definitely cry foul!
Columnist-
Krishnaraj Rao
----------------------
Agitate for Proper Selection of Chief CIC

The way government currently appoints Information Commissioners is itself an RTI Act violation. Poocho kaise? Section 12(5)
specifies: “The Chief Information Commissioner and Information Commissioners shall be persons of eminence in public life with
wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration
and governance.”
To give such persons a fair chance to apply, the government must cast its net far and wide, all over India and in all walks of life. It must
advertize the position, attract a good number of candidates and select the best from among them with proper screening procedures.
Hand-picking people from a small inner circle at DoPT, PMO and Central Information Commission, as it is doing now, is a sure way
of defeating excellence and nurturing mediocrity!
The Central Information Commission is currently dominated by Central Government bureaucrats, especially those associated with
DoPT and PMO. Open the CIC website, and you can immediately see the biases towards Delhi-based government servants, especially
those from DoPT, PMO etc.
How do such people join? Easy; they have friends and godfathers in the right places. A few bureaucrats who have insider information
about CIC appointments tell their friends and colleagues to apply. Or a political boss, who knows in advance about vacancies, tells his
obedient chamchas to apply.
As for the decision of the three-member committee headed by the Prime Minister, it usually goes in favour of the pre-selected
candidate. This committee, as mandated by Section 12(3), is supposed to ensure impartiality and quality. In practice, however, this
committee’s decision is nothing a formality, a rubber stamp. It puts an official stamp of respectability on an illegal act.
Columnist-
Krishnaraj Rao
40
AN APPEAL TO THE HONOURABLE PRIME MINISTER & CHIEF MINISTERS
Hon’ble Prime Minister & Chief Ministers,
Naxalites or Maoists (One would not know what is the difference between them) appear to have driven home the point that there is
widespread hatred and mistrust about the politicians and government officials amongst the people, particularly those belonging to the
lower income group.
In view of such widespread corruption amongst politicians and government officials at various levels, people in different walks of life
are being subjected to injustice and harassment , causing a feeling of helplessness and frustration amongst them. The government’s
welfare schemes are not being implemented at optimum standards and exploitation of the weak and downtrodden are becoming too
frequent particularly in small towns and rural areas in the country.
The whole nation recognizes that the corrupt politicians and corrupt government officials at all levels are the prime cause for all the
social problems and inequalities in the country. Otherwise, the atrocities committed by these so called Maoist revolutionaries would
have generated widespread condemnation and revulsion in the country.
The Prime Minister & the Chief Ministers should see the ground realities and the writing on the wall and echo the mood of the
people by strongly condemning the corrupt politicians and officials and taking rigorous steps to identify them at all levels and suspend
them from the government immediately. A fast track court should be set up in all the states in the country exclusively to hear the cases
and punish the guilty without delay and in transparent manner. Considering the urgency, it should not take beyond one month to take
these meaningful and reformist steps.
We appeal to the Hon'ble Prime Minister & Chief Ministers to do so immediately , so that the confidence of the people in the political
system and government would be restored and the Maoists would be isolated, preventing them from providing the spark to ignite
social unrest.
by-
N.S.Venkataraman
--------------------------
Release of police officer from 'Maoists' custody & aborigines from judicial custody : few questions on judiciary
West Bengal, India
The abduction of Officer in Charge of Sankarail police station of West Midnapur district by ‘Maoist’ insurgents and killing two
officers of the same police station ended with a positive note while the leader of the said insurgent group, Koteshwar Rao alias
Kishenjee directed to let him free after a long doldrums.
We, MASUM, are welcoming the release of Mr. Atindra Nath Dutta, Officer in Charge of Sankarail PS from Maoist custody and
some elderly women from judicial custody in connection with Lalgarh Police Station Case number 137/09 dated 03.09.2009 with
gest.
Maoists were demanding before the state government to free the women arrested by the police from Lalgarh, Kantapahari and
adjoining areas having alleged involvement of these women with the insurgents. It was also alleged by various civil bodies including,
MASUM, that the Home Department of West Bengal were busy in arresting several innocent persons from those areas in the name of
combating insurgency. The demand was made by the Maoists for release of the women who crossed their age of 40 and numbering
more than 30.
The present act of the state government by freeing several women on a sudden political decision, who were arrested and in judicial
custody in connection with Lalgarh Police Station Case number 137/09 dated 03.09.2009, under sections 147/ 148/ 149/ 353/ 186/
307/ 121/ 121A/ 122/ 123/ 124A and 120B of Indian Penal Code and 25 & 27 of Arms Act, the women got bail from Sessions
Court, Midnapur were :--
1. Pratima Patra
2. Nilima Hansda
3. Sudharani Baske
41
4. Bidhu Murmu
5. Sukul Murmu
6. Fulmoni Soren
7. Aina Hansda
8. Podamani Baske
9. Fulmani Murmu
10. Suni Mandi
11. Kishorimoni Hansda
12. Sunita Baske
13. Sefali Soren
14. Bahamoni Soren
15. Ramdulal Mandi
The District & Session Judge of West Midnapur Court granted bail to abovementioned accused persons today; in this course the
Public Prosecutor appearing on behalf of the state, did not object the prayer for their bail. It proves that today the prosecution does
not have any substantial materials against those persons, even after one month and 19 days!!!
This event unfolded few stark realities related with the judicial processes along with the independence of that pillar of the Indian
democracy.
One, how these arrested persons were kept in custody for so many days under serious sedition charges when there is no evidence
against them? What compelled judiciary to not enlarge them on bail earlier?
Two, if these persons are released as result of understanding between the West Bengal government and Maoists with bargaining terms
for release of the police officer; in that case also, can the judiciary take any position only acting as ‘Rubber Stamp’ for the Home
Department and police to release or not to release any person in custody?
Whatever be the position at present, it is clear that in dealing with cases relating to Maoists, the Judiciary has been at the beck and call
of Home Department and police, it has failed miserably to play its independent and neutral role by dispensing the justice to the
people.
It is true that innocent people are kept in custody for long on suspicion of being Maoists, committing grave offences and false
implication in grave criminal charges is proved beyond doubt. The judiciary has become a mute spectator and played at the hand of
the police.
Who will be accountable to the misuse of power perpetrated by the higher echelon of police? Will they face any criminal trial for their
misdeeds?
This whole reality is driving the state towards the injudicious anarchy, where authorities are flexing their muscle without having any
faith to judicial process and compliance of the same.
--
Report by-
Kirity Roy
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Columns
Nuclear Accountability : missing link at Kalpakkam
Kalpakkam, Tamilnadu, India
Midway between Chennai and Pondicherry, on a drive along the scenic east coast road (ECR), a slight detour after Mahabalipuram, a
UN World Heritage site, lands one at the nuclear establishment of the Department of Atomic Energy (DAE), Government of India, at
Kalpakkam. Right behind the site where the Pallava dynasty made a mark of its might by erecting sculptures and stone structures, the
Indian government is at the task of building the country's first fast breeder reactor - a matter of pride for the atomic scientists of
Indira Gandhi Centre for Atomic Research (IGCAR).
Before anyone constructs an image of a supremely important looking group of engineers solemnly building a reactor in the laboratory,
what is under construction is, in fact, a brick and mortar structure, put together by migrant labourers from Bihar, Rajasthan, Andhra
Pradesh and Kerala. They live in 'quarters' provided by the construction contractor in a sun beaten barren stretch of sand between the
atomic station and the Kalpakkam Township for employees of DAE. Emerging out of asbestos huts on a hot sunday afternoon, they
nod their acknowledgement. "Yes, we are working on the Bhavani (the fast breeder reactor)," nods a young labourer from AP. "We
have been working here for three years now, living out of these quarters, at a daily wage of Rs.250-350."
The quarters, branded Gammom or L&T, based on the contractor who has provided for them, are in fact, dormitories for single
migrant workers, set up using asbestos sheets for walls and roofs. There are separate such 'dormitories' for men and women. "We have
been told that we'll be leaving the site in another 3-4 months, for work at another nuclear site, I think," the man says. There are about
8-10 such contract labour settlements on the beach near the plant, housing about 300 labourers each.
Migrant labour is a recent phenomenon at Sadras, the village that stands at a distance of 3 km from the atomic station. A ruined fort
stands at the entrance to the village, beyond which is the Kalpakkam residential township. "The contractors bring other state workers
now because they know that the locals are aware of the problems in doing manual work at the reactor site," says Suresh Kumar, a
resident of Sadras. "There are 5000 people working on the Bhavani, of which only 3 are locals." His brother Santhosh Kumar, 25,
who was involved in the capacity enhancement job at the re-processing plant in the power station, developed a colon cancer last year
due to which his excretory system has stopped functioning. His metabolic waste is collected in a cup attached to directly to his large
intestine through his stomach, and disposed manually everyday.
"I spend about Rs.8-9000 every month in medical expenses, just to keep my cancer in check," he says. "We tried asking the
department for compensation, but now, we have given up." He is only one of the many 'sudden job' workers who have been affected
by such rare but critical illnesses in the village. A sudden job is a mechanical, civil or electrical job in the reactor site done, typically in
30-45 days, for the purpose of maintenance or system overhaul. It is for these jobs that the local fisher folk have been employed over
the decades. A labour contracting system has developed over the years, with wages ranging from Rs.55-65 per day for women working
outside the reactor, to Rs.400-500 for men working in the reactor.
"There has been plenty of such work going on in the plant for the past few years because of the capacity enhancement that started in
the re-processing plant in 2006," a former atomic scientist at the Kalpakkam station said. The re- processing plant is where the spent
fuel is segregated into concentrates for storage and dilute waste for disposal into the sea. It began construction 1982 and was
completed in 1996. "The difference between fuel and spent fuel is that the former contains only Uranium 238, while the latter
contains Uranium as well Plutonium, which is produced only during reaction and has the longest half life - 29000 years," he said. "In
other words, deposits of Plutonium are more dangerous because it takes a very long time for their radio-activity to subside."
"The concentrates which need to be stored in secure underground repositories have not found a site in the country yet, and so, are
kept in temporarily surface facilities at the site itself."
A study done by Dr. Pugazhendhi of Doctors for Safer Environment (DOSE) in 2003 revealed the incidence of Multiple Myeloma, a
very rare form of cancer of the bone marrow, in three residents of the village, in a period of 18 months. In 2007, he released a study
on the occurrence of auto-immune thyroid disease among women in the reproductive age group of 15-41. According to the study,
there was a 24% occurrence at a radius of 5 km from the plant, which reduced to 6% at a radius of 40 km and to 0.8% at a radius of
400 km.
"For each of such statistical evidence that we present, the department's only answer is that the radiation is well within the permitted
levels and that all the necessary safety precautions are given for workers," Dr.Pugazhendhi said. "But, when you consider it, there is
really no safe dosage of radiation. In fact, it has been published in reputed medical journals that prolonged exposure to low radiation
levels is more liable to cause cancer than high levels of radiation. This is because low radiation causes undetectable damage in body
cells which mutate into cancer over a period of time, whereas higher radiation causes detectable sudden damage which sets the body's
defence mechanism to work, which then destroy the affected cells."
The atomic scientist said, "All forms of waste from the plant emit alpha, beta and gamma rays. Of these, the alpha rays are most
lethal as they are in the form of particles that enter the body through its pores and settle in areas like the bone marrow, giving rise to
43
long term uncurable complications. There are filters for these rays to a certain extent, but often there is non-compliance either from
the contractor or the worker." He added that there are often complex reactions during the precipitation of such waste leading to
formation of other lethal elements like Tritium. "Our test fast breeder reactor, FBTR, commissioned in the late eighties, uses liquid
sodium for heat transportation. If this leaks it reacts with oxygen to form all kinds of compounds, the effects of which are
unpredictable."
"However, I don't think there is any scientific reason to believe that the cancers in this area are caused by the radiations from the
reactor," he added. It is true that there has been no scientific establishment of cause for the cancers and thyroid occurrences, except
for statistical studies.
Santhosh Kumar turns indignant at this suggestion. "Thyroid, we have learnt, is caused by iodine deficiency in women who have
consumed inadequate amounts of salt. Even if women here are malnutritioned, there is no scarcity in our diet of sea-water prepared
dishes, dried, salted fish and rice!" Velmurugan, a sudden job worker till marriage, de-listed from his labour supplier (agent) after his
wife delivered a child with stubbed digits (malformed fingers). "I commute to Chennai daily for my job now, but my second child was
hale and healthy at birth," he says. K Nagooran, a fisherman turned community health worker says, "I do not know what technical
means are possible to prove our point. But, why doesn't the department take the initiative to prove the opposite?"
"When I used to go fishing, lobsters were the speciality of this area. We used to catch about 15 tonnes of lobster per day and sell them
at Rs.300-400 per kg.
But, we hardly see any lobsters around anymore," he says. Velu, another fisherman at Meyyurkuppam, a fishing village at the fringes
of Sadras says, "Lobsters sell at Rs.1000 per kg now, only we can't catch any. At the most, we manage 15 kg per day." He lost his
mother to cancer last week. His wife Bharathi complains of aches in her limbs everyday these days.
"Of course, there will be problems with marine life," the atomic scientist acknowledges. "We discharge our diluted spent fuel into the
sea, and surface water fish like tuna can't take the radiation levels." In fact, the department itself suffered what it called the 'jelly fish
problem'. Jelly fish, which were not indigenous to that area, were suddenly spotted in large numbers, attracted to the heat from the
discharge. "We finally had to use anodic protection mechanisms to disperse the fish so our discharge mechanisms would function
properly," the scientist said.
Whether there is scientific cause and effect established or not, discontent simmers across the dusty town, as scorching as the hot sun. In
some places, discontent elevates to paranoia. "Soon after you leave, there will be a patrol from the department, asking us who you
were, why you were here and what we told you," says Mr.Nagooran. "All in the name of national security." A former public relations
officer of the IGCAR said, "Even I have seen this phenomenon. There was a hearing held by the Tamil Nadu Pollution Control
Board regarding the fast breeder reactor's proximity to Mahabalipuram, and we agreed to shift its location to a spot 6 km from the
temples, according to their norms. But it got reported as a public hearing relating to health issues." He narrated how the annual safety
drill conducted at the township often gets mistaken for an evacuation order due to some leak, at the village.
But, it is not difficult to see why such fear exists. The fishing community sandwiched between the plant and the immaculately built
township, is unwittingly wedded to the nuclear establishment in their lives and livelihoods. Fishing is not a viable option as long as
there is waste discharge, and there are no other industries for miles. But, their alienation from the department is socially stark. "When
the plant first came up, they were employed in the company's rolls for manual work," the scientist said. "But, recently, we have had to
cut costs too, and our independence for discretionary spending has reduced too. Whatever can be privatised or contracted, like
transportation services or labour was done so."
The result is that while white collared employees benefit from the canopied township, it’s meticulously maintained roads and lawns,
central government schools, and 24-hour water and power supplies, the labourers right at its gates are left to their own means with
contaminated water, and air at the village. "The canopy of trees is very important as it absorbs most of the radiation," the scientist
says. But, the village is as barren as can be. Most of all, while permanent employees have free access to the best of medical care at the
DAE hospital within the township and its tie-ups with Apollo hospitals and Sri Ramachandra University in Chennai, the labourers
receive no medical benefits, from the contractor or the department. But, once they acquire an illness, they become unfit to work in the
plant to earn their living.
"There were some protests recently seeking access for labourers to the DAE hospital in the campus," said Rakhal Gaitonde, a
community health practitioner at Tirukazhunkundram near Kalpakkam. "I have also worked with Uranium workers in Jharkhand.
Though primary healthcare is quite good in TN, this particular area needs advanced medical care. The nearest tertiary care hospital is
at Chengelpet, and that is also severely short staffed." Sadras does have a properly staffed primary health care centre, which has its
hands quite full. "I prescribe pain killers and nutrition supplements for the aches in the limbs and fatigue that people here complain of,
which is presumably caused by the radiation," the doctor at the PHC says. "But, when it comes to acute illnesses like cancer, I have to
refer them to Chengelpet or Chennai or as far as CMC, Vellore, even for routine check ups."
"One understands that these are sensitive issues of national security. But there is a crying need for third party evaluation of technical
and other conditions here," the scientist said. "But, this is not unique to atomic energy. It applies to thermal power units, cement
44
companies, oil refineries, you name it!" It appears radiation is to Kalpakkam what automobile exhaust is to Chennai. It is there, it is
harmful, but people live with it, as long as they are within acceptable levels. It is the safety net provided for such existence that is
making all the difference.
Report by-
Niranjana Ramesh
-------------------
Bhopal - Indian government must end 25 years of injustice
Shortly before midnight on 2 December 1984 thousands of tonnes of deadly chemicals leaked from Union Carbide’s pesticide plant in
Bhopal, central India. Around half a million people were exposed. Between 7,000 and 10,000 people died in the immediate aftermath
and a further 15,000 over the next 20 years.
On 2 December 2009 the people of Bhopal will mark the 25th anniversary of the devastating leak. Amnesty International will join
them to highlight the ongoing human rights impacts of the 1984 leak.
Despite a quarter of a century having passed the factory site has not been cleaned up. More than 100,000 people continue to suffer
from health problems. Efforts to provide rehabilitation – both medical care and measures to address the socio-economic effects of the
leak – have fallen far short of what is needed.
Many of those affected are still waiting for adequate compensation and the full facts of the leak and its impact have never been
properly investigated. No-one has ever been held to account for what happened at Bhopal and efforts by survivors’ organizations to
use the Indian and US court systems to see justice done and gain adequate redress have so far been unsuccessful.
Bhopal is not just a human rights tragedy from the last century – it is a human rights travesty today. The legacy of Bhopal persists
because the people of Bhopal have never been able to claim their rights. Moreover, the negative impacts of the leak are affecting new
generations.
For 25 years the Indian government has failed the people of Bhopal. Promises have been repeatedly broken and no adequate action
has ever been taken to address the impacts of the gas leak. And, while the people of Bhopal have struggled to obtain even basic relief
such as clean water, the companies involved have evaded accountability and obstructed the efforts of victims to secure reparation.
Please take immediate action so as to bring normality to their livelihood and have smile on their face as they are our own sisters and
brothers.
Column by-
Kashyap Vyas
Member of Amnesty International
--------------------------------------
CIC Selection: How PMO and DOPT duped 3 RTI Applicants
Central Information Commissioners are selected arbitrarily. You need proof ? C J Karira -- a fellow petitioner in our PIL filed in Delhi
High Court this week -- emailed me some classic second-appeal orders passed by Chief CIC Wajahat. Three different RTI applicants
asked: “Yes, we understand about Prime Minister’s Recommendation Committee and the selection criteria outlined in RTI Act sec. 12
(5) and 12(6), but tell us: By what process did biodatas of current CICs land up before the committee? On what grounds were the
present CICs selected? And who were the candidates rejected by this committee? Or rejected by DOPT, which puts up candidates to
this committee?”
In a nutshell, the reply of PMO and DOPT was: “We appoint CICs as per Section 12 of RTI Act. That is the answer to all your
questions. Now mind your own business.”
Three RTI applicants had three approaches. DOPT and PMO found many ways to evade them:
One asked pointwise questions, and was told in reply to different questions: “Refer to RTI Section 12, and bugger off !” Wajahat
politely concurred with this reply.
45
One applied to PMO, and was directed to DOPT.
Another asked DOPT, and was told that DOPT could not possibly have the information; maybe PMO had the information. In an
elaborately reasoned order, Wajahat upheld this dubious claim.
One asked for a true copy of files, and was told to take inspection.
Another went for inspection and saw PMO and DOPT perform three different tricks:
· shuttled the applicant between PMO and DOPT
· showed partial or no meaningful information.
· When she appealed, she was told that the information was classified as confidential, disclosing it was not in public
interest, and it was denied under Official Secrets Act 1923 and also Manual of Departmental Security Instructions.
Turning a blind eye to all these self-contradictions, Wajahat opined that it was the discretion of PMO and DOPT whether or not to
give this information.
Want the case-by-case details? Read this:
CASE NO. 1
Activist C J Karira, who happened to be present as an observer on 22-12-2008, vividly describes the proceedings: “The hearing lasted
for about 22 minutes. The PIO did not utter one single word. She only used facial and body expressions: smile, nod, shaking of head,
etc. All the talking was done by the Hon'ble CCIC himself who put up a very spirited defence on behalf of the CPIO.”
Below are highlights from Wajahat’s order dismissing Appeal No. CIC/WB/A/2007/01066 dated 14-11-2007.
[To read the full order, go to http://cic.gov.in/CIC-Orders/WB-22122008-01.pdf or FULL ORDER]
By an application of 21-4-07, J S Bhattacharjee, a Delhi resident, asked DOPT:
Question: Government’s policy/ principle guidelines etc for the collection of names of expected CIC to be sent to the
Recommendation Committee for selection.
The answer was: Clause (5) and (6) of Section 12 of RTI Act prescribe the conditions for appointment to the posts of Chief
Information Commissioner (CIC) and Central Information Commissioners (IC). There is no other laid down policy/principle/
guidelines on the subject.
Question: Whether names of CIC are collected on ‘pick & choose’ basis or on the basis of the recommendations of Ministers
Answer: Persons for the post of CIC are considered on the basis of conditions contained in above referred provisions of the Act. No
other information in the matter is available.
Question: Whether there was a system of “Search Committee” for collecting probable names and how the five names for CIC
Answer: As per available information there was no search Committee to collect probable names. No further information in the matter
is available.
Question: How the five names for CIC have been finally selected by the Government leaving hundreds of qualified officials
Answer: The selections were made by the Selection Committee. No other information is available in the matter.
Question: Whether the post of CIC is meant only for retired official
Answer: No.
Question: Whether the present CIC had applied for the post and if so, the source of his information of vacancy
Answer: Information in this regard is not available.
Question: Whether government advertised for the post of CIC and when? Answer: The post was not advertised.
Question: Government policy/ principle for the appointment of only five CIC/ICs and not the 10 CIC(s) as per provision of the Act
Answer: Section 12 (2) of the RTI Act, 2005 provides that the Central Government may appoint such number of Central Information
Commissioner not exceeding ten, as may be deemed necessary. The Government had appointed four Information Commissioners in
addition to the Chief Information Commissioner on the basis of the need felt by the Government.
46
Question: In total, how many candidates were in the race for the post of CIC/ICs. Names of all candidates and their present
designation and address be sent to me for my information
Answer: the information is not available.
Question: Whether non selected candidates for the post of CIC have been duly intimated with the cause for their non selection
Answer: In view of the position given in respect of point No. 9 above, question does not arise.
Question: Certified copies of Government decision regarding the non-appointment of 5 CICs

Answer: No such documents are available.
Question: Certified copies of Recommendation Committee “file notings” for the final selection of 5 CICs
Answer: the appellant was requested by the CPIO to deposit an amount of Rs. 2/- by way of cash or bankers’ cheque of Indian Postal
Order in favour of Account Officer, Department of Personnel and Training as required under the provisions of RTI (Regulation of
Fee and Cost) Rules, 2005. The appellant has not deposited the requisite amount so far.
How did Wajahat uphold this? His order, dictated soon after the hearing, reasoned thus: “Appellant Shri Bhattacharjee contended that
since the Committee appointing or recommending appointment of Information Commissioners to the President was a ‘Selection’
Committee of the DoPT as was clear from the answer received by him from 1st appellate authority to Q. 4, it was governed by the
guidelines issued by the DoPT in regard to the procedure to be followed by a Selection Committee.
“DECISION NOTICE
“The Committee set up u/s 12 (3) of the RTI Act cannot be deemed to be a Departmental Committee or Departmental Selection
Committee. This is a Committee set up through the RTI Act 2005 not by Government but, through the very enactment of this law, by
Parliament in order to make recommendations to the President of India on appointment of Chief Information Commissioner and
Information Commissioners of the Central Information Commission. The response of the DoPT in this regard is correct in that the
Department is only a servicing instrument for this Committee.The reference to the Committee as a Selection Committee by Shri K.G.
Verma, Director in disposing of the first appeal is not to place this Committee in the category of a Departmental Selection Committee
but only with reference to its purpose, which is indeed the selection of individuals it considers to be of eminence, which it recommends
to the President of India for appointment as Chief Information Commissioner /Information Commissioner.
“Seen in this context it is quite conceivable that the DoPT, which is the only the servicing organisation, maintains no records of
deliberations of this Committee, which the group is not required to maintain if they do in fact exist, other than its recommendations,
which CPIO Ms. Zoya agreed before us is a document held by the DoPT. In light of the above it is clear that all information sought by
appellant has, in fact, been provided within the definition of Section 2 (j), to the extent that that information is held or under the
control of the public authority, in this case the DOPT.
“If, as pleaded by appellant before us, Shri Bhattacharjee would wish to inspect the letter of recommendation received from the
Committee by the Department as submitted to the President of India, this will have to be sought through an application for the
purpose made u/s 6 (1) of the RTI Act to the CPIO in the DoPT, which appellant is free to do. The present appeal being without
substance is hereby dismissed.”
CASE NO. 2
Ms Vishaish Uppal of Gulmohar Park applied to Kamal Dayani, CPIO, Prime Minister’s Office on 22.11.2005 seeking to inspect files,
papers etc. relating to the appointment of the Chief Information Commissioner and Information Commissioners. She subsequently
received a copy of a letter from Kamal Dayani, CPIO indicating that the case had been transferred to DOPT Director Hari Kumar.
In response Hari Kumar, Director in the Dept. of Personnel & Training invited Ms. Uppal to inspect the records.
However, on 13.1.06 Vishaish Uppal reverted to CPIO Kamal Dayani in PMO stating that she had been shown only one file and
informed by PIO Hari Kumar that files pertaining to the entire selection process are with PMO and not with DoPT.
She, therefore, asked that she may be allowed to inspect the relevant files. In response Kamal Dayani held that it was not possible to
allow inspection of the relevant records in PMO. Appellate Authority Jawed Usmani, Jt. Secy. in the PM’s Office, dismissed the appeal
made to the Appellate Authority on 22.2.06. The Appellate Authority had held that the papers being classified confidential and no
case having been made out for making any exception under sec. 8(2) of the Act, Vishaish Uppal could not be allowed to inspect the
documents.
In his order, Wajahat went into a very lengthy legal reasoning, but in the end, left it to the public authority i.e. PMO, to decide. The
last part of his reasoning went like this: “The Appellate Authority, therefore, cannot withhold this information either on the ground
that the information is classified as “confidential” under the Official Secrets Act or under Section 8(2) alone. However, Sec 22 as
47
described above only overrides anything inconsistent with the Right to Information Act, 2005. The Official Secrets Act, 1923 stands
neither rescinded nor abrogated. While a public authority may only withhold such information as could be brought within any of the
clauses of Section 8(1), it is open to that authority to classify any of these items of information as “Confidential”, thus limiting the
discretion of any other authority in respect to these.
“In this particular case, denial of information is under the orders of the Public Authority and it is open to the Public Authority to deny
the information provided such denial can be justified under Section 8(1) of the Act. The Prime Minister’s Office will, therefore, re-
examine the matter in view of the observations made above within fifteen days of the date of issue of the Decision Notice and it may
disclose the information to the appellant, unless of course, the disclosure of the information can be denied or withheld under any of
the provisions of the RTI Act, 2005. The Public Authority shall take an appropriate reasoned decision.”
[To read the full order, go to http://cic.gov.in/CIC-Orders/Decision_22092006_2.pdf or FULL ORDER ]
CASE NO. 3
Shri Milap Choraria of Rohini, Delhi made the following application to the CPIO, PMO on 11-9-06:
“I do hope that the selection of Prof. M.M. Ansari, for the appointment of the Office of Commissioner of CIC, was certainly in pursuance to and compliance
of sub-Section (5) of Section 12 of the RTI Act 2005 and in conformity with aims and objectives as enumerated in the aforesaid Act.
However, under Section 6 of the RTI Act, I wanted certified copies of the file notings of the entire file with all other related documents referred in the file
notings from the respective file relating to the selection process adopted through which the Appointment of Prof. M.M. Ansari, for the office of the Commissioner
of the CIC was concluded.”
This was transferred to DOPT on 14-9-06. PIO P K Misra, Under Secretary, in a letter of 12-10-06 responded: “I am to say that the
term “information” as defined in Section 2 (f) of the Act excludes `file noting’. You are advised to inspect the file and the related
documents other than the file noting and, if required, obtain the copies of specific documents by paying the requisite fee.”
In his order, Wajahat reasoned that file notings should also be shown. This decision of the Commission was duly communicated to the
DOPT vide letter dated 26.2.2006 which was followed by a reminder on
27.3.2006 and 8.5.2006.
Milap Choraria moved another application on 29.1.’06, asking for fair and true copy of all the documents from the respective file
relating to appointment of Prof M M Ansari in the CIC. To this he received no reply.
In the end, did Wajahat direct PMO or DOPT to give him the info? No.
Wajahat literally copy-pasted the reasoning from Case no. 2: “In this particular case, denial of information is under the orders of the
Public Authority and it is open to the Public Authority to deny the information provided such denial can be justified under Section 8(1)
of the Act. The Prime Minister’s Office will, therefore, re-examine the matter in view of the observations made above within fifteen
days of the date of issue of the Decision Notice and it may disclose the information to the appellant, unless of course, the disclosure of
the information can be denied or withheld under any of the provisions of the RTI Act, 2005. The Public Authority shall take an
appropriate reasoned decision.”
And then Wajahat said, “In light of the above CPIO DoPT may process the present application.”
[To read the full order, go to http://cic.gov.in/CIC-Orders/Decision_16042007_09.pdf or FULL ORDER]
CONCLUSION: What the CCIC meant to say in all the above-mentioned three RTI Orders was: “We understand that CPIOs are
denying information because PMO and DOPT are instructing them to do so. We leave it to the discretion of PMO and DOPT to do
so; We are not about to tell our bosses what to do, and we are not penalizing the PIOs."
Column by-
Krishnaraj Rao
---------------------
THE SPECTRUM SCANDAL AND THE CBI
The spectrum scandal is in the news again..The central bureau of investigation has raided the offices which comes under the IT and
communication ministry. Union cabinet Minister Raja who is the minister in charge of the department has been repeatedly saying
that he did what his predecessor did in 2001.So it is obvious the same pattern of dealings AND CORRUPTION could have
happened in 2001. As anyone can recall when the news of this big scandal broke out in 2006, the Sun network which is owned by the
48
Maran brothers , which was not in good terms with the first family of the DMK at that time, went berserk by giving great importance
to the spectrum scam.Unable to bear the heat generated by the sun network propaganda the first family of the DMK announced truce
and patched up with the Maran brothers.All of a sudden the sun network buried the scam.After the patch up the country saw the
nauseating raw money power of the DMK in the Thirumangalam bye-election to the tamilnadu assembly and in the recently held MP
elections. Now reasons well known to the UPA government, the CBI has raided the IT ministry's offices.If the CBI is serious in its
intention to unearth the truth i suggest the following pointers.
The CBI SHOULD START INVESTIGATIONS FROM 2001 ALLOCATIONS, BECAUSE RAJA SAYS HE DID WHAT HIS
PREDECESSOR DID. IT SHOULD THOROUGHLY INTERROGATE ALL THE OFFICIALS WHO WERE WITH THE
DEPARTMENT SINCE 2001.ONE OR TWO HONEST OFFICIALS MIGHT BE WILLING TO COME OUT WITH THE
TRUTH. RAJA SHOULD BE QUESTIONED THOROUGHLY SO AS TO SUBSTANTIATE HIS CLAIM THAT HE DID
WHAT WAS ALREADY DONE. IF HIS STATEMENT IS TRUE THEN THERE IS NO NEED FOR A UNION CABINET
MINISTER BECAUSE ONE ORDINARY LOWER CLASS DIVISION CLERK COULD HAVE COMPLETED THE
FORMALITY OF ALLOCATING THE 2G SPECTRUM. THE UNION MINISTER SHOULD HAVE APPLIED HIS MIND
TO SEE THE BENEFITS THE GOVERNMENT WILL GET IN ANY DEALING. MOREOVER RAJA NEVER DENIES THE
WRONG DOINGS COMMITTED BY THE BUYERS OF THE 2G FROM THE GOVT. RAJA SHOULD STEP DOWN AND
MANMOHANSINGH WHO CLAIMS TO BE A HONEST ECONOMIST WHO HAS FAILED IN HIS DUTIES AS AN
EFFECTIVE SUPERVISORY PM SHOULD ALSO STEP DOWN.THIS INVESTIGATION CANNOT SEE THE
LOGISTICAL RESULT UNLESS SOME HONEST SC JUDGE SUPERVISES THE CBI INVESTIGATION.
Column by-
J. MOHANRAJ
-----------------------
If DoPT dumps another Chief CIC on us, let us shave our heads in shame!
There is a saying: “Fool me once, shame on you. Fool me twice, shame on me!” If tomorrow’s newspaper announces that former
DoPT Secretary A N Tiwari – or anybody else – has been abruptly appointed as Chief Central Information Commissioner, let us
shave our heads in shame.
It is wrong to arbitrarily select Central and State Information Commissioners in closed-door meetings. But such political appointments
happen repeatedly, and we take it lying down. In a blatant show of patronage, Omita Paul came into CIC and went in a flash, and
there wasn’t even a feeble squeak of protest! Tainted bureaucrats, darbarijournalists and total non-entities are appointed in different
states every few months, and what do we do? We grumble and exchange angry emails, and… that’s it. What is wrong with us?!
Some years earlier, when the first crop of bureaucrats like Wajahat Habibullah was inducted wholesale into Information Commissions,
we activists and citizens were not wide awake. Maybe we were not aware of our rights and duties vis-à-vis transparent selection of
CICs and SICs. Or maybe, we were not sufficiently networked and had not formed an opinion.
But today we all know our mind. We know that there should be an open selection procedure, where people like you and
I can apply. We know that the best brains from all over India – MBAs, IIT graduates, PhDs etc. -- should be invited
to compete for these jobs. So why aren’t we raising a public outcry to protect our precious right?
Please, please raise an outcry NOW. Send phonograms: http://www.box.net/shared/hp9sb6jm7i
Sign and circulate online petitions: http://www.petitiononline.com/aishu/petition.html
But don’t rest with doing only this. Please let us organize protests, dharnas, agitations and marches in all cities. Let us ask DoPT to
immediately set up a mechanism so that henceforth, the posts of Information Commissioners are filled up
through nationwide invitation of candidates from all walks of life, rigorous training of candidates and
transparent common-entrance exams. Until such time, let CCIC’s post remain vacant!
If we keep letting the government take us for granted every time, then we have no one to blame for our plight except ourselves, our
collective lack of guts and our collective inability to mobilize public opinion.
GRI Columnist-
Krishnaraj Rao
49
Reports by NGOs
"SHIKHA SOPAN" An Initiative of IIT Community for social upliftment
people of Indian Institute of Technology initiative, Kanpur, Uttar Pradesh, India
Shiksha Sopan continued its activities in all three sections of Shiksha, Sanskar and Swavalamban. There were contact programmes in
Hostels, visit by eminent personalities, Special lectures, a Science workshop for teachers of local schools close to IITK Campus etc.,
apart from regular activities of Evening Learning Centers, Sopsan Vidyalaya, GAK, SSK, PPY etc.
Visit of Information Commissioner Mr Shailesh Gandhi

Mr Shailesh Gandhi is one among the handful of people who have not detached from the common masses after occupying high
positions in the administration. Down to earth person he is the Information Commissioner, in India's Central Information
Commission (CIC) and convener of the National Campaign for People's Right to Information. During his visit to IIT Kanpur in
connection to setting up RTI cell in Kanpur, he came to know about Shiksha Sopan and made it a point to personally visit centers and
meet children and the workers. He visited Sopan Vidyalaya and Swavalamban Kendra on 7th Sept, 2009. In very simple words, he
addressed the children and gave the concept of social responsibilities and the relevance of RTI for common people as individuals and
as society. Dr. H.C.Verma delivered a presentation to him in which he summarized about the various activities of Shiksha Sopan, and
how Shiksha Sopan is striving hard for the upliftment of the children of the weaker society. All this impressed Mr. Gandhi immensely
and he asked for Shiksha Sopan’s support for the same cause in Delhi municipal schools.
Vishwakarma Puja
On 17th September Sopan Swavalamban Kendra conducted Vishvakarma puja, dedicated to the divine architect of the universe
according to Hindu Scriptures. It is celebrated on Bhadra sankranti, the day when the sun transits from Singha (Leo) to Kanya (Virgo)
sign. Artisans, craftsmen, mechanic, smiths, welders, industrial workers, factory workers and workers of all kind perform the puja on
this day and pray for a better future, safe working conditions and above all success in their respective fields. Dr. O. P. Mishra and Mrs.
Pooja Mishra also participated in the ceremony. ‘Prasad’ was distributed to everybody present there.
LWIST (Local Workshop on Innovative Science Teaching)

There are a large number of schools in the vicinity of IITK Campus, many of them having minimal facilities and exposures. They
cater to a large number of population but there is no arrangement for any empowerment of teachers in terms of subject knowledge or
teaching methodologies. Shiksha Sopan conducted a Science Teachers’ workshop named ‘Local Workshop on Innovative Science
Teaching (LWIST)’ on 20th September 2009 in L13 at IITK in which 32 teachers from 22 nearby schools (up to 2km) participated.
The workshop started with Lamp lighting and Sarasawati Vandana. In the inaugural speech Dr. Kunal Ghosh emphasised the need of
developing the culture of working with own hands together with theoretical knowledge. It was followed by a presentation by Prof.
H.C. Verma on the theme ‘Science in Ancient India and inspiration for future’. He said that it is the responsibility of the teachers to
recognize the inherent scientific aptitude of the student and provide him/her a strong initial backing so that he/she is capable of
carving his/her own niche in the world of science.
The presentation was followed by sessions in which small experiments related to concepts like centre of gravity, air pressure, light and
heat were conducted. Using very low cost materials like balloon, bottles, clips, scale, magnets etc., a large number of Physics demo
experiments were demonstrated which can be performed in the classrooms in 2 to 5 minutes while teaching a particular topic. The
sessions were divided into three parts and each part was followed by a tea break/lunch break. The experiments were performed by Mr.
Amit Bajpai, Deepak Agnihotri, Ranjit kumar and Deepak Mishra. All these are students in Kanpur University and active Shiksha
Sopan workers in the Science Cell.
During the sessions the teachers equally participated in performing the experiments and at the same time they raised all kinds of
queries which were satisfactorily answered by the team members. It was heartening to see that many of the teachers of much less
reputed schools also had a good amount of enthusiasm towards learning. The workshop proved to be a success as the teachers really
got to know how they can use waste materials to teach their students the basic concepts. These workshops make us all the more
enthusiastic and give us the encouragement to hold such activities on a regular basis.
SHIKSHA SOPAN CONTACT PROGRAMME AT VARIOUS HALLS

Power Point Presentations were delivered by active members of the Sopan family at various halls of IITK in September, 2009. The
presentations basically were aimed at providing the students of IITK the information regarding the various activities in which Shiksha
Sopan was involved. They told the students about the pathetic condition of the children who belong to the lower strata of the society,
and also brought out the fact that there was extreme dearth of good schools for such children who can’t afford education in big and
expensive schools. Information about how the various Sopan centers support the children in various ways was given through facts and
photographs.
50
These presentations were given in Hall 4, Hall 7and GH1 by Dr. H.C. Verma and Mr. Ashish Bhateja while the same were given in
GH2 and Hall 8 by Dr. Sameer Khandekar and Mr. Chandra Shekhar Sharma. They also asked the students to support these
activities by volunteering to work for Shiksha Sopan and also by generating funds for the same cause. The team members received a
good response from the IITK students who participated in the discussion actively. After the presentation Mr Someshwar Pandey of
Hall-7 actively persuaded a number of his friends to donate for Shiksha Sopan on Monthly basis from their bank accounts.
GAK celebrates Teachers Day

Gahan Adhyayan Kendra celebrated the auspicious occasion of teacher’s day on 5th September, 2009. The children, the teachers and
the volunteers involved in the management of Gahan Adhyayan Kendra dedicated this function to Dr H C verma whom they all
symbolized as their TEACHER. All of them promised that they will work harder to attain the goals of Shiksha Sopan. The teachers
of GAK presented a beautiful Ganesh idol to Dr. H.C. Verma to pay respect and gratitude. The teachers also expressed their
commitment towards the noble cause of Shiksha Sopan. The feeling of belongingness to Shiksha Sopan could be sensed from the very
faces of the students and the teachers on that day.
NEWS
Lecture on “Rediscovery of India”

A lecture was given by Mr Vikas Trivedi, a final year student of BSBE department at SAC on 13th September, 2009 titled
“Rediscovery of India” where he brought out the Indian tradition of doing Science. He brought out amazing details about important
dates of Lord Rama’s life based on the astronomical data given in the scriptures and the modern softwares capable of calculating
constellations at any given time. His lecture helped the audience learn many concepts related to our mythology and differentiate
between the objective reality and the myth.
Shiksha Sopan to set up Science lab for “Children of Mother Earth”

Children of Mother Earth is an NGO run by Mr Ravi Manas and his team for the abondoned children who spend their life on
Railway platforms. At four centers at Gorakhpur, Lucknow and Delhi, they keep such children with them and give them shelter, food
and education. They have requested Shiksha Sopan to set up a Science Lab at the standard 6-10 for their centers and we are working
at it.
Click for complete newsletter
Report by-
Dr. H. C. Verma
Professor: Indian Institute of Technology, Kanpur
51
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Ground Report India (GRI) November 2009

GRI - November 2009 3

People's Campaigning for the Repeal of AFSPA 7

An appeal for Fr N. Van Ly 17

Ontario Government in power not jail? 17

SINGAPORE: DEFAMATION CASE THREATENS PRESS FREEDOM 18

"US and China disappoint the world", says Jo Leinen 20

Day of the Imprisoned Writer 2009 21

NEAA stayed clearance for 1200 MW Power Plant at Janjgir-Champa, Chhattisgarh 24

CIC Selection: The briefest of briefings 25

Press Release by Citizens Initiative for Peace 28

'Say No to RTI Amendments' Dharna, NCPRI 29

Death Penalty hanging over Professor Davinderpal Singh Bhullar 31

MAHARSHTRA GOVERNMENT SPONSORED PROGRAMME FOR VIOLATION OF BASIC, FUNDAMENTAL

Agitate for Proper Selection of Chief CIC 40

AN APPEAL TO THE HONOURABLE PRIME MINISTER & CHIEF MINISTERS 41

Bhopal - Indian government must end 25 years of injustice 45

CIC Selection: How PMO and DOPT duped 3 RTI Applicants 45

THE SPECTRUM SCANDAL AND THE CBI 48

About Ground Report India 52

GRI - November 2009

John Szemerey FCIJ

WHAT YOU NEED TO DO:

South Africa also follows a similar process.

Please click for letters-

Therefore the collective unanimously Calls upon the Government of India

• Association of Parents of Disappeared Persons (APDP)

Nature-Human Centric Vision

Nature-Human Centric Immediate Agenda

Nature-Human Centric Short Term Agenda

Nature-Human Centric Long Term Agenda

Compiled and edited by

You can see what I said in the parliament before resigning:

You can see his affidavit:

Energy-saving buildings: agreement reached

More financial support at national and European level

Energy performance certificates

Exemptions for historic buildings, holiday homes and others

Ontario Government in power not jail?

Person we'll refer to as (Guess who 1)

Person we'll refer to as (Guess who 2, 3 or 4 etc)

Then they both laugh and shake hands.

SINGAPORE: DEFAMATION CASE THREATENS PRESS FREEDOM

"US and China disappoint the world", says Jo Leinen

Day of the Imprisoned Writer 2009

CAMEROON: Lapiro De Mbanga - Singer-songwriter

CHINA: Liu Xiaobo - Dissident writer

IRAN: Maziar Bahari - Journalist, editor, playwright and film-maker

About International PEN and its Writers in Prison Committee

Please sign and circulate this online petition to save RTI

Please see the detail

* The right to non-interference with privacy, family and home

NEAA stayed clearance for 1200 MW Power Plant at Janjgir-Champa, Chhattisgarh

CIC Selection: The briefest of briefings

B) Price WaterHouse Cooper’s Report on RTI Implementation says:

III. Present Method violates Principles of Natural Justice

Hope a little better future is waiting for Parvati’s remaining daughters.

Press Release by Citizens Initiative for Peace

Press Release by-

Press Release by-

Date and time of incident: On 3.9.2009 at about 2.30 pm to 7 pm

Poor: worst victim in adversities

Team of Young I.P.S. Officers now improves it