Narmada Bachao Andolan (NBA) to complete 25 years of struggle

National Alliance of
People's Movements (NAPM)

National Alliance of People's Movements (NAPM) is organizing its Eighth Biennial Convention in the Narmada Valley, at Badwani, Madhya Pradesh, from 24-26 October 2010. Narmada Bachao Andolan (NBA), which is entering in 25th year of struggle, and is one of the founding members of NAPM will be hosting the convention this time. The journey that started in 1992 and took the shape of NAPM in 1996 has today reached a critical stage. Read more

"We started when the processes of Liberalisation, Privatisation and Globalisation were beginning to take shape, Hindu Right was picking steam in the shadow of Babri Masjid demolition and  TINA – There is No Alternative, was propounded as the mantra for the time. Since then we have come a long way and have waged important struggles along with many other movements, voluntary organisations, federations and forums, sympathetic intellectuals, artists, students and others against WTO, World Bank, Enron, SEZs, big dams, rural and urban evictions and displacements, atrocities against women, adivasis, and Dalits and communalism" said Medha Patkar, national convenor of NAPM.

"In 2003 we undertook Desh Bachao Desh Banao (Save the Nation – Build the Nation), a nation-wide campaign, aimed at evolving a national movement, to bring the ideal of an alternative world into reality, as a collective peoples political force, seeking to challenge and transform the existing political system that promotes a development paradigm that is anti-poor and anti-development. In 2007, Sangharsh / Action process was launched involving many other alliances, forums and federations which was another step in the direction of achieving a better world" said Medha Patkar.

"A decade after we met in the Narmada Valley, we are meeting again at a time, which is the 'best of the times and worst of the times'. The process of neo-liberalism which started then has now started showing its true colours, Corporations, Public and Private both, are not only grabbing the resources but the political space and even power through market and related mechanism. The investors – national to multinational have "privatized" each and every dimension of our society, polity and economy. Transformation is today a much greater challenge to the imagination, because Global Warming and the Energy crisis are much more visible too" said Medha Patkar.

The State has become a mere mediator and given away the mask of welfare and benevolence, political class and a more articulate middle class has been completely sold to the ideology of market and neo-liberal models of economy and growth. "We are witness to increased informalisation of labour as a result, 96% of workers today are in the unorganised sectors of work and there is enormously rising polarisation between the rich and the poor and a steep rise in food prices, together with loss of food security and attack on agriculture" said Medha Patkar.

The political class rarely resolves the people’s issues but rather exploits those towards vote banking, more crudely now than ever. Public space, public interest, public domain and priorities are shrinking to the detriment of basic need fulfillment jeopardizing not only the present but also the future. However, we cannot also forget that there is this growing trend towards "war on terror", militarisation and violence unleashed by the State making non-violent mass struggles more difficult, but at the same time making them more relevant too.

These times are not that bleak either, our collective efforts have not only led to enactment of progressive legislations like Right to Information Act, Mahatma Gandhi National Rural Employment Guarantee Act, Forest Rights Act etc. but also created a situation where people on the ground have challenged every single attempt at grabbing of our land, water, forests, minerals etc. We are standing amidst the victory of people's movements at Singur, Nandigram, Niyamgiri, Sompeta, Karla, Chengara and many more such places of resistance.

The question of justice and equity have come to the fore like never before and the 'rights to and control over natural resources' become the focal point of contestation today amidst, people, state and corporations. NAPM is not the only alliance today and there is a large biradari (family) beyond our fold all engaged in struggles and reconstruction through alternatives, committed to challenge the corporatization and globalization in the face of corruption, criminal acts and callousness of both the State and the corporates. We have always strived to create spaces for dialogue and coordination between them and also provide adequate space to diversity of resistances and ideologies existing in the country.

On a more positive note it can also be considered our collective victory that today social activists and human rights activists have become threats to the State and to their corporate designs, so much so, that they are falsely framing them as 'Maoists' or 'Terrorists'. The bogey of communalism has seeped through the veins of society and governance in numerous ways and demands a different understanding and strategy to fight them.

The armed conflicts imposed upon us by the state and counter violence by non-state and private vigilante forces are also creating a situation which is threatening the lives and livelihood of the millions of those living at the margins of this development process. Together the forces of communalism,

corporatisation, and veiled casteism and patriarchy are not only threatening the framework of democratic society but has become an impediment to our collective efforts towards building a truly people's democracy unlike the existent bourgeois democracy.

The coming decade will see the fierce battles and struggles for asserting rights and control over land, water, forests, minerals and thereby making it more difficult to ensure justice to dalits, adivasis, women, minorities, workers, landless peasantry and others who are considered 'out-castes of the development'. We continue to defy the principle of 'eminent domain' of State and challenge its power even when it has merely become a negotiator for the corporations and appropriate military strength to protect their capitalist interest. Whether it is land acquisition, displacement or rehabilitation- most issues today are politicized and polarized yet there is an urgent need for movements and supporters to evolve consensus on development planning to ensure equity and justice, through peace and democracy…hence the alliance !

For more information about the 8th Biennial Convention of NAPM, write to: nba.badwani@gmail.com, 25yearsofnba@gmail.com

Medha Patkar

8th Biennial Convention of NAPM in Badwani (24-26 October)

National Alliance of
People's Movements (NAPM)

National Alliance of People's Movements (NAPM) is organizing its Eighth Biennial Convention in the Narmada Valley, at Badwani, Madhya Pradesh, from 24-26 October 2010. Narmada Bachao Andolan (NBA), which is entering in 25th year of struggle, and is one of the founding members of NAPM will be hosting the convention this time. The journey that started in 1992 and took the shape of NAPM in 1996 has today reached a critical stage. Read more


"We started when the processes of Liberalisation, Privatisation and Globalisation were beginning to take shape, Hindu Right was picking steam in the shadow of Babri Masjid demolition and  TINA – There is No Alternative, was propounded as the mantra for the time. Since then we have come a long way and have waged important struggles along with many other movements, voluntary organisations, federations and forums, sympathetic intellectuals, artists, students and others against WTO, World Bank, Enron, SEZs, big dams, rural and urban evictions and displacements, atrocities against women, adivasis, and Dalits and communalism" said Medha Patkar, national convenor of NAPM.

"In 2003 we undertook Desh Bachao Desh Banao (Save the Nation – Build the Nation), a nation-wide campaign, aimed at evolving a national movement, to bring the ideal of an alternative world into reality, as a collective peoples political force, seeking to challenge and transform the existing political system that promotes a development paradigm that is anti-poor and anti-development. In 2007, Sangharsh / Action process was launched involving many other alliances, forums and federations which was another step in the direction of achieving a better world" said Medha Patkar.

"A decade after we met in the Narmada Valley, we are meeting again at a time, which is the 'best of the times and worst of the times'. The process of neo-liberalism which started then has now started showing its true colours, Corporations, Public and Private both, are not only grabbing the resources but the political space and even power through market and related mechanism. The investors – national to multinational have "privatized" each and every dimension of our society, polity and economy. Transformation is today a much greater challenge to the imagination, because Global Warming and the Energy crisis are much more visible too" said Medha Patkar.

The State has become a mere mediator and given away the mask of welfare and benevolence, political class and a more articulate middle class has been completely sold to the ideology of market and neo-liberal models of economy and growth. "We are witness to increased informalisation of labour as a result, 96% of workers today are in the unorganised sectors of work and there is enormously rising polarisation between the rich and the poor and a steep rise in food prices, together with loss of food security and attack on agriculture" said Medha Patkar.

The political class rarely resolves the people’s issues but rather exploits those towards vote banking, more crudely now than ever. Public space, public interest, public domain and priorities are shrinking to the detriment of basic need fulfillment jeopardizing not only the present but also the future. However, we cannot also forget that there is this growing trend towards "war on terror", militarisation and violence unleashed by the State making non-violent mass struggles more difficult, but at the same time making them more relevant too.

These times are not that bleak either, our collective efforts have not only led to enactment of progressive legislations like Right to Information Act, Mahatma Gandhi National Rural Employment Guarantee Act, Forest Rights Act etc. but also created a situation where people on the ground have challenged every single attempt at grabbing of our land, water, forests, minerals etc. We are standing amidst the victory of people's movements at Singur, Nandigram, Niyamgiri, Sompeta, Karla, Chengara and many more such places of resistance.

The question of justice and equity have come to the fore like never before and the 'rights to and control over natural resources' become the focal point of contestation today amidst, people, state and corporations. NAPM is not the only alliance today and there is a large biradari (family) beyond our fold all engaged in struggles and reconstruction through alternatives, committed to challenge the corporatization and globalization in the face of corruption, criminal acts and callousness of both the State and the corporates. We have always strived to create spaces for dialogue and coordination between them and also provide adequate space to diversity of resistances and ideologies existing in the country.

On a more positive note it can also be considered our collective victory that today social activists and human rights activists have become threats to the State and to their corporate designs, so much so, that they are falsely framing them as 'Maoists' or 'Terrorists'. The bogey of communalism has seeped through the veins of society and governance in numerous ways and demands a different understanding and strategy to fight them.

The armed conflicts imposed upon us by the state and counter violence by non-state and private vigilante forces are also creating a situation which is threatening the lives and livelihood of the millions of those living at the margins of this development process. Together the forces of communalism,
corporatisation, and veiled casteism and patriarchy are not only threatening the framework of democratic society but has become an impediment to our collective efforts towards building a truly people's democracy unlike the existent bourgeois democracy.

The coming decade will see the fierce battles and struggles for asserting rights and control over land, water, forests, minerals and thereby making it more difficult to ensure justice to dalits, adivasis, women, minorities, workers, landless peasantry and others who are considered 'out-castes of the development'. We continue to defy the principle of 'eminent domain' of State and challenge its power even when it has merely become a negotiator for the corporations and appropriate military strength to protect their capitalist interest. Whether it is land acquisition, displacement or rehabilitation- most issues today are politicized and polarized yet there is an urgent need for movements and supporters to evolve consensus on development planning to ensure equity and justice, through peace and democracy…hence the alliance !

For more information about the 8th Biennial Convention of NAPM, write to: nba.badwani@gmail.com, 25yearsofnba@gmail.com


Medha Patkar

Save Agriculture in Irrigated Narmada Villages

Narmada valley is facing yet another crisis beyond the gigantic dams, which has arisen due to the huge canal network of the Indira Sagar and Omkareshwar canals. The canals of these two dams are not yet fully planned, yet certain estimates, which are not yet final by the Narmada Valley Development Authority show that not less than 10,000 hectares of agricultural land is to be acquired, but a larger acquisition is yet to come up in numerous villages, where even a basic socio-economic survey of the affected land and families is yet to be undertaken. Read more


The worst part is that a major part of the canals; from main to minors is to pass through villages on the Narmada river bank, which fall in the fully irrigated region where there is no need or surface canal irrigation. The canals are to be excavated and destroy huge tracts of fertile lands, for 20 mts to 100 mts wide canals. Prime agricultural lands, with 3-4 crops in a year is being acquired, by applying the urgency clause or even other with illegalities in the acquisition process, thus depriving thousands of farmer-families their lone source of livelihood in this entire belt.

The lands and / or houses of many of the families are already affected by the Sardar Sarovar and Maheshwar dams and the canals would cause further displacement. The land to be excavated is rich block cotton soil and situated in the directly draining catchment of Sardar Sarovar, which would result in heavy siltation.

Serious Agro-Environmental Violations and Non-compliance:
It is notable that despite clearances to the ISP and OSP having been issued in 1987 and 1993, the command area development plans for the two Projects are not yet final and approved by the central authorities after 15-20 years and there is no optimum execution of the CAD works, reflecting the pari passu principle, which is critical and pre-conditional.  The High Court of M.P. after detailed consideration of various issues pertaining to lack of planning and execution of the environmental and rehabilitation measures directed in its judgement of November 2009 that there shall no further land acquisition, excavation and canal construction until the Devender Pandey Experts Committee of MoEF
scrutinizes and approves the CAD Plans of GoMP.

After the GoMP went in appeal to the Supreme Court against this Judgement, the Court directed a temporary and conditional vacation of the stay granted by the High Court on 25-02-2010, directing the same Expert Committee to approve the CAD Plans within six weeks and requiring MoEF to take a decision on the basis of the Committee’s Report in the next four weeks.

The Expert Committee has given a clear finding and conclusion in its Report of April 2010 that the said CAD Plans are neither complete nor final in terms of the environmental clearances and stipulations and therefore, the same cannot be approved. However, decision-making on behalf of the MoEF has been inordinately delayed and the Ministry provided an additional period of 4 weeks to the GoMP to comment on the Expert Committee Report. Pandey Committee has made a scathing indictment of NVDA response, accusing it of making self-contradictory and misleading statements.

The High Court of Madhya Pradesh had also directed that the the canal network must be reviewed to exclude the irrigated lands in order to protect agriculture,  minimize displacement and save the state exchequer. However there has been gross disregard of this directive and thousands of hectares of land
are being acquired, while there is no need for canals in the irrigated belt at all.

Violation of the Rehabilitation of the Canal-Affected:
After the canal-affected farmers challenged the lack of planning and application of the Rehabilitation Policy to the canal-oustees, the High Court directed in November 2009 that all the farmers must be entitled to all entitlements under the R&R Policy, including land. However, to this date there is very poor planning, availability of data and land to be offered in rehabilitation and the same has also been proved before the R&R Sub Group.

Narmada Control Authority is directed to monitor implementation of R&R for the canal-affecetd, which is yet to obtain full data and compliance from NVDA.

Before the Supreme Court also, NVDA had argued fiercely that the oustees should not be entitled to rehabilitation. However, the Court, rejected this stance and directed, as an interim measure (reserving the rights of other oustees) that those farmers losing 60% or more land should be offered land in the vicinity of the village or in the command area as the second option. If this is also not possible, land from the land bank must be offered, after making it cultivable and with provision of civic amenities. However NVDA is only trying to offer uncultivable, rocky or encroached land from the land bank.

Some oustees who have lost 80-100% of land in some adivasi villages have not even been issued any notices till date.

It is in this context that there is an urgent need for an early decision-making towards halting work on the Indira Sagar and Omkareshwar canals, land acquisition process for which is continuing at break neck speed, replete with illegalities, making the entire process irreversible. This is one of the most important and critical issues in the Narmada valley today, if thousands and thousands of hectares of fertile agricultural land are to be saved from permanently destruction in the name of the canals.  The demand of the people and the movement is not against the entire canal network per se. But at least the canals need not and should not be brought into the irrigated areas where the farmers and adivasis already have a secure and sustainable livelihood.

Medha Patkar

Justice Jha Commission Case: Jabalpur HC seeks full assistance of Chief Secretary

A Special Bench of Justice Shri K K Lahoti and Justice Shri Ajit Singh issued directions to the Chief Secretary of the Government of Madhya Pradesh (GoMP) to personally ensure full assistance to the Court on all issues pertaining to the Justice Jha Commission of Inquiry which has been investigating into the massive corruption of a few hundred crore rupees in the rehabilitation of the Sardar Sarovar Project affected oustees. Read more


Alternatively, the Chief Secretary was directed to appoint a competent officer not below the rank of a Secretary who should be duly instructed to assist the Court in sorting out all the problems with regard to the Commission’s functioning and also be in a position to make a statement on behalf of GoMP and also be being present before this Court.

The Court was a hearing a letter dated 20th August 2010 sent by the Secretary of the Commission seeking full co-operation from the GoMP and more staff for effective functioning. In its letter, the Commission had brought to the Court’s notice the ongoing gigantic task of examining 8,000 witnesses, sellers, purchasers etc. in the fake registrations cases and also technical investigation into the quality of civic amenities at 88 R&R Sites. The Commission has sought a further term-extension of at least one year to complete these and other enormous tasks of inquiring into various aspects of corruption as per the two orders of the High Court Orders dated 21-08-2008 and 12-11-2009.

It may be noted that the same Bench had earlier issued a Show Cause Notice to the state government in May 2010, warning it of strict action if compliance with all the earlier orders to provide funds and facilities to the Jha Commission is not ensured by 24th June. It required such strong orders for GoMP to designate the High Court’s Registrar as the Budget Controlling Officer and disburse the requisitioned funds.

Pleading for the petitioner, Narmada Bachao Andolan, Medha Patkar reminded the Hon'ble Court of the magnitude of corruption and the need for a full-fledged Special Investigation team of police, revenue and PWD officials, additional members and secretarial staff to carry on the Commission’s work unhindered.

The case has been listed for further consideration on the 1st October to decide on the issue of extension of the Commission’s term which is to expire by October 8th and also for hearing a series of applications filed by NBA, responding to the contentions of the GoMP and NVDA and also seeking directions to the Jha Commission to file an Interim Progress Report.

Taking serious cognizance of the fact that no lawyer representing the central monitoring agency, Narmada Control Authority was present in the Court today, the Court issued directions to the Registry to ensure adequate representation of NCA on the next date of hearing. The Court also directed all the parties to file their replies to NBA’s applications by the next date of hearing.

Significantly, the Court observed that the NVDA being a separate entity cannot file a reply on behalf of the Madhya Pradesh Government and a separate response from the GoMP is expected.

In another pending matter, wherein some displaced persons sought the intervention of the Hon’ble Court to direct the Jha Commission to permit disbursal the second instalment of the cash-based Special Rehabilitation Package, the Court disposed off the matter with a direction to Justice Jha Commission of Inquiry to fully investigate into their land registries, after giving NBA a due opportunity of being heard and then decide the matter in accordance with law.

The timing of the directions to the Chief Secretary comes at a crucial time when the on the one hand, Jha Commission is recording the evidences in hundreds of cases of fake land registries which is clearly bringing out the nexus between the officials and touts and on the other NVDA is making insidious attempts to exclude discussion on the entire issue of corruption itself from the agenda of the R&R Sub-Group of NCA.

The expose will have to continue and the Andolan will pursue the matter to prove how whole process of rehabilitation has derailed due to the corruption and irregularities, thereby justifying a speedy, effective and independent investigation by the Commission.

Kamla Yadav                     Devram Kanera           Bhagirath Kavche

Manual Scavenging to be flushed away from UP

Honey combed shaped pits 
sustain pour flush toilets for yrs

Badaun: He is on a mission, one that few would like to take on, but then Amit Gupta, District Magistrate, Badaun a small district in western Uttar Pradesh seems to enjoy challenges. And the latest one he has taken on since July 2010 is unmatched by any that he has tackled so far. Intrigued? Then read on. Read more

In a unique drive launched by Gupta in Badaun, conversion of no less than 60,000 dry latrines to pour flush ones in the entire district is on these days.

But that's not all, in turn the drive is also ensuring rehabilitation of manual scavengers most of whom are women and young girls by freeing them of the demeaning work they have been forced to do for centuries to survive.

DPRO of Badaun, RS Chowdhary
sensitising villagers to take up
conversion of dry toilets

As unconventional as that may sound the idea behind it was inspired by a 'feeling of service to those who live a life of misery' say the DM's team who is also engaged in making sure that the target of converting the huge number of toilets is achieved within six months.

Says Gupta, "It sounds unbelievable that manual scavenging still exits in the 21 century. When I took on as the DM here I could not imagine that women and young girls were sustaining themselves by cleaning human excreta just because people were using dry latrines even now. But what shocked me most was that the houses where these dry toilets existed allowed the feaces to lie in the homes for days together right next to the kitchen. Apart from the unbearable stench it was causing number of dangerous diseases and helping viruses including the polio virus to thrive. And all this was happening despite a government order issued way back in 2002 which clearly states that as per Subsection (1) of section (3) of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition ) Act 1993 no person will engage in or employ manually to carry human excreta or construct or maintain dry latrine within the whole area of Uttar Pardesh. So things had to be changed and fast."

A man of his word Gupta began planning the campaign under the Total Sanitation Campaign mooted by the Ministry of Rural Development and implemented by Panchayati Raj Department in the state. And he brought in masterminds like RS Chowdhary to spearhead the conversion drive.

A well known officer Chowdhary was famous for his successful efforts to convert dry latrines to pour flush ones at Shahpur Jot which fetched the village the President’s Award in 2006.

So he took on as District Panchayat Raj Officer in Badaun in December 2009 and began a survey of the villages and blocs to identify the ones which had the largest number of dry latrines.

"Initially I thought the situation would not be so bad. I expected no more than 80-90 dry latrines in each village, but I was stunned to see that numbers ranged from 900-1200 even in communities where the population was between just 2000 to 3400 as well. So it was clear that the conversion was going to be a huge exercise both effort wise and financially," recalls the DPRO Badaun.

Nevertheless the district administration decided to start the work of building the toilets and providing grants to the villagers who were ready to convert to pour flush latrines.

Surveys were done again and those villages which were classified as the most high risk group as per polio prevalence in the district were marked. A total of 78 villages in 18 blocs were covered in the first phase of the total sanitation drive to convert the toilets.

Explains Gupta, "We estimated that to convert 60,000 toilets as per the grant fixed by the government of Rs 1500 per household for which we would need no less than 9 crores. So the campaign was broken into phases and focus was on 78 high risk villages where the number of toilets were the most. Ramzanpur a small village was picked as the pilot project where 1200 dry toilets existed. Work on the conversion began on July 5 2010 and till date over 50 percent of the target has been achieved. Similarly in villages like Sakiya Jungle out of 481 273 dry toilets have converted to pour flush and in another village Sheikhupura In Ujhani bloc work on converting 903 latrines has also begun. The funds for it was raised from the money issued to the village pradhans last year under Total Sanitation Campaign to convert dry toilets, but the amount remained unused. They were asked to return it and over 1.5 crores came back which were is being used to convert dry latrines in 78 villages. But we will need more flow of funds to cover the entire 60,000 dry latrines and we are in the process of planning how to manage it."

In the meantime pour flush toilets which are already being used has started showing signs of success and approval of the people specially the manual scavengers.

While that may sound encouraging women of the Valmiki caste group, an Schedule Caste population engaged in manual scavenging are both apprehensive and positive about the drive. But they are receptive to the fact that they will be suitably rehabilitated once they give up scavenging.

Avers 35 year old Viresha a manual scavenger and mother of ten among whom two of her young daughters are also engaged in scavenging, "Till now we had no option but to do this demeaning work of carrying human excreta from homes. For twenty five years I have done this and felt miserable when my daughters had to do the same. But now with the conversion of dry toilets a ray of hope has come for us to live with dignity. The state government has promised us pension, scholarships for our children and even homes once our BPL cards are made. I am ready to give up this work but only if the government keeps its promise."

"And we will," assures the DM and his team, "Though we are now giving Rs 1500 to both APL and BPL card holders once the drive picks up momentum we will give BPLs Rs 2300 for converting their toilets to pour flush and this includes the manual scavengers also. Apart from that provisions are already in place to provide benefits of old age and widow pension, loans through special component plans to start small scale business, homes for them under Mahamaya Awas benefits, BPL cards, schemes for financial support to the poor etc to the manual scavengers in Badaun. In addition those manual scavengers who wish to work under MNREGA will be given work in their village itself and their job cards will be ready in a week’s time.Till date more than 20 manual scavengers have been rehabilitated after they decided to leave their demeaning jobs. I think that’s not a bad start," he adds.

Construction of
pour flush toilets in Badaun

But the most positive impact the conversion drive has had is on the children of manual scavenger's who are now receiving educational benefits through a special scholarship scheme for them wherein Rs.1320 per child annually is paid.

On the other hand women belonging to other upper castes in the villages who had been using dry latrine until now are also ecstatic that their lives too have changed for the better.

Says Nanhi, 55 year old, village Pradhan of Sakiya Jungle, "Being a woman I can say that we are all relieved to have pour flush toilets to use now. It has not only improved sanitation and cleanliness in my village but also helped give women and young girls the privacy they craved for when they went to ease themselves. Our homes used to infested with millions of flies because of the excreta that remained in the house for days because of dry latrines. It spread diarreoh, cholera, polio and other diseases, but now things are better and our children are also healthy."

Adds 50 year old Saira Bano, whose pour flush latrine got functional just 15 days ago , "I never imagined it would make so much of a positive difference in my house. With five young daughters it was very difficult to find alternatives to use dry latrines as if the sweepers did not come to pick up the excreta we all had to go out in the fields. It was very uncomfortable and most of us would not go for days and developed many health problems. But now it is very convenient for all of us, I am so glad I decided to convert my toilet. As a mother I don't have to worry about the safety of my young daughters as I used to when they went out in the fields to answer nature's call in full public view."

In short the conversion drive is turning out to be small but much needed effort with a huge impact!

Anjali Singh - CNS
(The author is a UNICEF consultant and a senior journalist. She is also the Director of Saaksham Foundation) 


Published in:
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Jha Commission begins inquiry into fake registries at Alirajpur

Justice Shravan Shankar Jha Commission of Inquiry constituted by the Madhya Pradesh (MP) High Court in August 2008 to enquire into the multi-crore scam of fake registries of Sardar Sarovar affected victims started its next phase of proceedings in Alirajpur today. The immensely corrupt nexus of authorities and touts has derailed implementation the rehabilitation of the Sardar Sarovar Project oustees and has denied the affected, their right to agricultural land. This large scale corruption in the whole process has led to a loss worth crores of rupees to the treasury of the Indian State. Read more



Responding to the PIL filed by Narmada Bachao Andolan, Madhya Pradesh High Court constituted a Commission under former High Court Judge, Justice Shravan Shankar Jha to investigate into the matter. The responsibility of the Commission is to enquire into the issue of fake registries and also to identify
the culprits behind the low quality of construction works at the R&R sites.

Today the Jha Commission began the process of listening and recording the statements of people, who were either buyers, sellers or witnesses in the land transactions for Rehabilitation of PAFs in Alirajpur Jila.

The Commission will take statements till 1st of July 2010. This Commission, which has been notified under the Commission of Enquiry Act has the power to issue summons or arrest warrants to any individual. The local authorities did not deliver to many people the information about the hearing issued by the Commission. Some of the affected were prevented from appearing before the Commission. These steps have been taken on the orders of the higher authorities who are completely involved in this scam. Vinay Kumar Dhoka (Deputy Collector) is himself an accused in the Fake Registries case. His involvement in the scam goes back to the time when he was the Land Acquisition Officer of Manavar in
the Sardar Sarovar Project. The Andolan condemns these efforts by the corrupt authorities to interfere with a free and fair enquiry process by the Commission.

From the statements of the people associated with the first two cases itself, heard by the Commission, it was clear that there has been fake registries. It was also clear from the cases that the Adivasi people are incapable of having done these fake registries by themselves, and are mere scapegoats in a corrupt
alliance between middlemen and the authorities. In one case, Surender, a dam affected person from Gram Dharamrai is supposed to have bought land from Shri Jabbar Singh of Gram Mehalgaon for Rs.50,000/- so as to be able to claim his rehabilitation from the Narmada Valley Development Authority. However, after a few days, he sold the same land for Rs15,000/- to the same Jabbar Singh from whom he had bought the land. In the same way, Shri Chamariya from Gram Kulwat first sold his land to SSP affected Bhaisiha for Rs.60,000/- only to buy it back from Chamariya for only Rs.25,000/-. These cases clearly expose the whole process of fake registration, forgery and corruption and is in clear violation of the Narmada Valley Development Authority guidelines, which does not allow for the land bought under the rehabilitation scheme to be sold within the next 5 years.

In another case, 5 acres land of Hira Thuniya from Gram Khandala had been sold to Shri Bhagirath S/o Manu from Village Perkhar (Manavar). This registration was declared authentic in the investigation of the Registrar of Alirazpur and SDO (R) and the land has been transferred to Bhagirath. Hira insists that he has never sold his land. He said – “Area Patwari Shri Deependra Bhulia by hankering with the signatures on the paper sold my land without my knowledge. I am now not eligible for claiming seeds and fertilizers as I do not have the land in my name.” In the registry, Hira’s age has been put as 33 years while he claims that his age is more than 60 years. In the registry, there is also someone else’s photo instead of him as seller. NVDA was unable to make a statement or clarification in any of the cases today.

The hearings shall continue before Justice Jha tomorrow as well. From the side of the Andolan, advocate Kamal Patidar and Anwar Javed were present, along with activists Medha Patkar, Kailash Awasya, Rehmat and others.

Bhagirath Kavche, Devangana Kalita

People's Tribunal led by Justice AP Shah calls for review of Narmada Projects

Tribunal expresses grave concern on severe non-compliance by authorities
A Panel of eminent citizens who came together as an Independent People's Tribunal (IPT) to assess the true scale and impacts of the large dam-projects in the natural-resource rich region of the Narmada Valley, delivered their verdict today on various aspects concerning the massive displacement, rehabilitation, environmental compliance and overall cost-benefits of the Sardar Sarovar and Jobat Projects as also the large canals of Indira Sagar and Omkareshwar. Read more

The Tribunal Report was jointly released today afternoon at Gandhi Bhavan by members; Hon’ble Justice (Retd.) A.P. Shah (Former Chief Justice of Delhi and Madras High Courts) and Shri Devinder Sharma (well-known Researcher and analyst on agriculture Policy issues), amidst the presence of members from the Secretariat, IPT, respectable citizens and activists of Bhopal, media persons and a large number of affected people from the Narmada valley. The Report is an outcome of extensive two-day visit and public hearing in the SSP as well as the canal-affected villages by Justice Shah, Devinder Sharma and Prof. Jaya Sagade, Vice Principal, Indian Law Society, Pune.

Reading out important extracts and recommendations from the Report, both Justice A.P. Shah and Dr. Sharma expressed their shock at the magnitude of planned displacement and unplanned development in the valley and the corresponding violation of law and history of non-compliance. On the basis of its extensive visit, in-depth analysis and assessment the situation, the Tribunal has concluded that “since there been serious non-compliance on the pari passu implementation of rehabilitation and environmental measures, we have appealed to the Prime Minister to constitute a High Level Committee of Ministers, officials, experts and representatives of the people’s movements etc. to undertake a comprehensive review of  all these projects and take a decision not to further fund or carry forward the project-work until this process of review is complete.

Said Justice Shah, “As we moved through the villages full of community life, with agriculture, in Pipri, Chikalda, Nisaprur, Pichhodi and the canal-affected villages such as Mandil and Pandhania, we were shocked to know that the Government states that all these villagers have been rehabilitated and there are ‘0’ families to be rehabilitated. We were appalled at the magnitude and impact of displacement on the communities that are entire dependent on natural resources and feel if there is no effective participation of the concerned people and proper prior planning of these Projects, they can never be implemented in a manner that will either accrue any benefits or do justice to the affected, he said.

Devinder Sharma expressed his shock at the insensitivity of a State that does not respond to the people’s peaceful struggles, be it in Narmada or in Bhopal, where even after 25 years people are still awaiting for justice, while the wrong-doers never face the law. We are deeply moved by the resilience and belief of the Narmada-displaced, particularly the already-affected adivasis in the constitutional scheme and democratic forms of conflict-resolution, and we hope that State, will respond to these people’s grievances in an expeditious and just manner”.

Rights of Sardar Sarovar, Canal affected and Jobat displaced must be ensured:

SSP has already reached the height of 122 mts in violation of the Narmada Tribunal Award, the judgments of the Supreme Court, the Rehabilitation policy and clearances. There cannot be even an inch of submergence without full rehabilitation of all the adivasis and farmers, said the Tribunal members.

Taking serious cognizance of the failure of the State to provide agricultural land to the oustees and the encashment of all rehabilitation entitlements, including land which has only led to crores of corruption and no rehabilitation, the Tribunal has called upon Madhya Pradesh to scrap the Special Rehabilitation Package and instead provide cultivable, irrigable land to all the adivasis and farmers, if necessary by purchasing the same and allotting it to the affected.

The Tribunal also noted the grave consequences of the unplanned canals of the Indira Sagar and Omkareshwar cutting right though the agricultural fields. Denying the canal-affected an equal right to land-based rehabilitation is a grave violation of the right to equal treatment of the oustees and we assert that they have to be provided full rehabilitation, with land.  “We are also deeply concerned at the ‘contractualization’ of the entire project works, particularly canal-work, imposition of the urgency clause and other illegalities. We hope the Government will stick to its own law, while planning and executing projects, said the Tribunal members.

The recommendations by Devender Pandey Committee, both on SSP and canals are clear and scientific that there can be no further work without complete plans that are approved by the concerned Ministry. As per the MoEF, the High Court and the Supreme Court, approval by the Committee is necessary for further canal work and a halt at this stage is only legal and necessary,

Responding to the serious legal and human rights violations of the Jobat-dam affected, the Tribunal re-asserted the right to land-based rehabilitation of all the Jobat - displaced, which is already guaranteed in the State Rehabilitation Policy and the clearances.

Eminent persons insist Government should implement Report recommendations
Speaking on the occasion, former Chief Secretary of Madhya Pradesh, Shri Sharad Chandra Behar, who has been closely observing the implementation of these large water-resource projects on the Narmada for more than two decades, said the findings of the Report raise very serious questions on the ability of the State to execute these projects in accordance with the legally-binding stipulations.

At least, now the State and Centre must realize that the genuine grievance of the people, reflected in the Report must be addressed with all seriousness. Also present was senior activist Shri Lajjashankar Hardenia who conveyed his solidarity with the fully lawful struggle of the people and called upon the
Government to, at least now, accept with humility that its lop-sided model of ‘development’ has deeply deprived and displaced the people, and it will have to address its wrongs by implementing the recommendations in the Report.

Others who were present on the occasion included Principal of the Makhanlal Chaturvedu University of Journalism and Mass Communication and various activists citizens of Bhopal.

Narmada Andolan welcomes Report: Calls for full rehabilitation
Welcoming the findings and recommendations by the Tribunal, Ms. Medha Patkar of Narmada Bachao Andolan stated that the Report re-affirms the seriousness of the issues that the people have been continuously been raising for all these years, with little response and concrete action from authorities, both at the Central and State level. The Report comes at a crucial time when intense political process to push the Dam to its final height and also complete the canal works are underway. We hope, at least now the State takes a rational and legal position to seriously re-consider pursing these projects, without fulfilling all their past obligations, as per law.

The adivasis, farmers, fish workers and landless of Narmada thanked the Panelists for making their voices heard through the Report and also expressed hope that their  findings and recommendations would strengthen their dialogue and struggle with the State agencies.

Significant Conclusions and Recommendations by the Tribunal:
* Governments must immediately purchase private land to rehabilitate all the oustees, particularly adivasis and farmers who have not accepted cash compensation or have been cheated in fake registries.

* Comprehensive survey of all affected families must be undertaken to ensure every project-affected, whether by dam or canal receives all rehabilitation entitlements.

* Surveys and all project-work must be carried out only in consultation with the Gram Sabha, no acquisition and construction can be carried out in violation of the PESA Act, i.e. without consulting the Gram Sabhas

* Decrying the manner in which the State is washing away its constitutional responsibility by doling out a few thousand rupees, the Tribunal recommended that all the potters, boats men, fish workers, landless should be ensured alternative livelihood.

* Monitoring Ministries and agencies like MoEF, Narmada Control Authority and Grievance Redressal Authority have seriously fallen behind in the necessary supervisory role and they must act strongly to ensure compliance with law and norms of the Projects.

Development without people:  Unacceptable and Unjustifiable
Addressing the press persons later, Justice Shah said, “Our visit, hearing and analysis of the situation in Narmada has indeed been an eye-opening experience and we now hope the factual and objective findings in this Report, as already reflected in many other official findings will open the eyes of the State to initiate immediate corrective action and ensure that law and justice is fully rendered to the people.

The human right to inclusive development is totally missing in the manner in which these projects are pushed, felt the Tribunal members.  “It is high time we undertake a DEVELOPMENT AUDIT of what are the true figures of ‘development’ are, said Mr. Sharma. The State should be answerable to its
people. In dam after dam, after the investment of crores and submergence of thousands of hectares of fertile land, there is no real benefits and then the impacts of water logging, destruction of forests and agriculture, displacement, cultural losses etc just go uncounted.

Next Steps:
The Tribunal members said, “We have based our Report on the wide-ranging international conventions and human rights standards and also constitutional and legal principles, which India is bound to follow and hope the Government will take it with all seriousness.  This Report shall be sent to the Prime Minister and all the concerned Ministries for taking appropriate action.  Every individual application, of the hundreds, that we have received during the Hearing will go to the Government, along with our Report and we look forward to the State’s speedy Redressal of all grievances. We have also appealed to the civil-society to engage in a more constructive manner in the development paradigm and continue to raise questions when the lives of so many lakhs of people and the nature are involved”.

The Tribunal was organized by the Independent People’s Tribunal on Environment and Human Rights, which is a national network of over 500 judges, lawyers, human rights activists and people’s organizations that undertakes periodic exercises of investigations by such independent tribunal of prominent citizens to investigate into cases of gross human rights and environmental violations of socio economically marginalized communities.


Adv. Mohsin                             Hariom

Narmada Bachao Andolan (NBA) issues legal notice to MoEF on Narmada Canals issue

A legal notice was issued by the Narmada Bachao Andolan to the Ministry of Environment and Forests, Government of India, on the issue of continued land acquisition and excavation for the large canals of Indira Sagar and Omkareshwar, which is causing an irreversible damage to the best of agricultural land in the region. Read more

Despite the MoEF-appointed Expert Committee having given its categorical recommendation and Report that the canal work should not continue, since there are no final and approved command area development plans for the two projects, the MoEF has not yet taken a decision on same, despite being directed by the Supreme Court to do so.

"In this context, we appeal to you to write to the Ministry to take a logical and scientific decision, within the framework of law to sop the work, at least until the full command area plans area ready and approved and until comprehensive rehabilitation plans for all the affected families are in place. The Ministry must also take a decision on the issue of excluding the river-bank villages from the canal network to minimize displacement and save the best of land" said Medha Patkar, Narmada Bachao Andolan (NBA).

TEXT of LEGAL NOTICE

Date: 17-06-2010

To,
Secretary,
Ministry of Environment and Forests
Paryavaran Bhavan, CGO Complex,
Lodhi Road, New Delhi

Sir,
I, the undersigned, on behalf of and under instructions from Medha Patkar, R/o Narmada Bachao Andolan, 62, Mahatma Gandhi Marg, Badwani, Madhya Pradesh – 451551 and Respondent No. 1 in SLP No. 34065/2009 pertaining to the Indira Sagar and Omkareshwar Canals (hereinafter referred to as my client) do hereby serve you the following legal notice:

1.      That, your Ministry is a party before the Hon’ble Supreme Court of India in the aforementioned SLP pertaining to the canals of Indira Sagar and Omkareshwar and as the Secretary of the Ministry, you are well-conversant with the facts and proceedings of the entire case, legal issues involved therein and
the interim orders passed thus far.

2.      That the Hon’ble Supreme Court passed an interim Order on 25-02-2010, of which the relevant part reads as follows:

“In the above circumstances, excavation or construction of the Canal work and acquisition of land may go on for the time being; however, it would be subject to approval of the MoEF of the revised plans submitted on 16th October, 2009. The State would be at liberty to file further details regarding the Command Area Development Plans to   the    MoEF   and   if   such   details   regarding the Command   Area Development Plans are filed, the same may be referred to the Expert Committee for consideration. The Expert Committee to take a decision within a period of six weeks and as soon as the Report is available to MoEF, the MoEF to take decision within a further period of four weeks thereafter”.

3.      That it is clear from the above Order that:

(i)     The excavation or construction of canal work and acquisition of land was allowed to continue for the time being and was subject to the approval of MoEF;
(ii)    The MoEF was to take a decision within four weeks of submission of the Expert Committee’s Report. The said four weeks expired on  23.5.2010. After expiry of four weeks, it was incumbent     upon the MoEF to take a decision concerning excavation /construction of the Canal work and acquisition of the land. If there was any further delay (i.e. beyond 23.5.2010) in deciding on “approval” by the MoEF, the Canal excavation/construction work and land acquisition proceedings should have been stopped.

4.      You may kindly recall that the Dr. Devender Pandey Committee of Experts, to whom the task of scrutinizing the CAD Plans of GoMP was entrusted, both by the Hon’ble High Court of Madhya Pradesh by its final judgment dated 11-11-2009 (in W.P. No. 6056/2009) and again by the Hon’ble Supreme Court by way of its aforementioned interim order, duly submitted its Appraisal Report to the Secretary, MoEF i.e. yourself on 05-04-2010.

5.      That the Report of Dr. Pandey Committee titled ‘Appraisal of the Command Area Development (CAD) Plans of Omkareshwar and Indira Sagar Irrigation Projects in Madhya Pradesh’ categorically concluded that, for the reasons mentioned in its Report, the CAD Plans submitted by the GoMP for the Indira Sagar and Omkareshwar Canals are only an “Expression of Interest” and are not final and complete. To quote from the Committee’s conclusion:

“……The Committee does not consider the draft command area development plans for Omkareshwar and ISP, submitted to the MoEF by  MP in  October 2009, as adequate in terms of the conditions laid down as part of the environment clearance, and the subsequent stipulations by the MoEF and the NCA ESG. These plans detail only some of the engineering aspects of the command area development activity and the environmental safeguard measures essential for sustainable irrigation development has not been dealt with. Similarly the impact of construction of canal is not provided in the plan and therefore the committee could not assess the impacts of construction on environment such as loss of biodiversity, noise, water and air pollution etc. Therefore, these plans are incomplete and cannot be approved”.

6.      That despite such scientific findings and unambiguous conclusion, your Ministry did not take any early decisive action to save the prime agricultural land in the interest of the environment. Instead, you chose to provide a further period of four weeks time to the Madhya Pradesh Government to submit its comments on the Appraisal Report of the Pandey Committee (through your letter dated 23-04-2010).

7.      That, since the date of this Interim Order, acquisition and excavation of the fertile agricultural lands, which is mainly in the Sardar Sarovar and Maheshwar affected areas has been going on in the already irrigated river-bank villages causing irreversible damage to the agriculture and environment.
Adequate and approved CAD Plans, in terms of the MoEF’s and Planning Commission’s clearance and other stipulations are a pre-requisite for any canal work in order to optimize the stated benefits and mitigate permanent impacts such as water logging, salinization, degradation of the soil and loss of bio-diversity. You may also kindly note that the High Court of Madhya Pradesh has already stated that the canal-network must be reviewed so as exclude the already irrigated areas, minimize displacement and save best agricultural land and also the state exchequer. That is role your Ministry is expected and mandated to play under the Environment Protection Act, 1986.

8.      That the said time of four weeks provided by you to the GoMP has also expired on 23-05-2010. You may kindly note that the Interim Order of the Supreme Court dated 25-02-2010 clearly recognizes the role of the Environment Ministry and the Pandey Committee to appraise the Command Area Plans for the ongoing canal works as a pre-requisite and take a decision within the maximum stipulated period of 10 weeks, (six weeks and four weeks as mentioned in the Supreme Court Order dated 25-02-2010) purely on the basis of enviro-scientific considerations. In the light of the Pandey Committee’s well-reasoned Report, it is necessary, reasonable and justifiable that your Ministry immediately issues stop-work orders, halting the land acquisition and canal excavation, invoking your Ministry’s powers under Section 3 & 5 of the Environment Protection Act, 1986.

9.      That the environmental clearance issued by your Ministry to Omkareshwar Project casts a clear responsibility on you to ensure the time-bound and effective compliance with the environmental safeguard measures and even empowers you to revoke the clearance, if such time-bound planning and effective implementation is lacking. The clearance to the Indira Sagar Project by your Ministry also prominently mandates that the command area development studies and planning must necessarily be pari passu with the progress of work on the project.

10.     That this Legal Notice is a final reminder to your Ministry to take an immediate decision on the CAD Plans of GoMP based on the Pandey Committee’s appraisal, considering the various clearances, guidelines and stipulations issued by various authorities, including the Planning Commission and your own Ministry. That such action would be in compliance with the orders of the High Court, as well as the Supreme Court, both.

11.     That since land acquisition and canal excavation work has been progressing on a war-footing in the agro-rich black-cotton soil areas of the Nimad region and your Ministry alone shall be responsible and bear the consequence for any irreversible impacts on or damage to the agriculture, environment and livelihoods and such delay will also be in violation of the Order of the Hon’ble Supreme Court.

12.     You are therefore, requested to take an immediate decision/action in compliance with the Supreme Court Order dated 25-02-10 with regard to approval of the revised plans submitted on 16-10-09 with further details by the State of Madhya Pradesh. The decision, in the circumstances, ought to be taken within a period of one week. Meanwhile, the ongoing work of excavation/ construction of canals and acquisition of land should be stopped. My client has issued this legal notice after making all requests for immediate action and even through this legal notice my client is emphasizing on compliance of the Supreme Court Order and the law in order to avoid any action in the Court which my client will be constrained to take, if non-action at your end continues.

Yours sincerely

Medha Patkar

Time for pronouncement of award: People's Tribunal on Narmada

Pronouncement of Award on Sardar Sarovar, Indira Sagar, Omkareshwar and Jobat
You must be aware of the Sardar Sarovar Project embroiled in the controversy over last 25 years. The project has now reached a critical juncture with 2 lakh (200,000) people still in the submergence area while the authorities who are monitoring social and environmental measures have been reporting non-compliance. The cost and benefits are being questioned by various authorities and organizations, while the Planning Commission has recently given a revised investment clearance of Rs. 39,000 crores. Read more

The people in the Narmada Valley questioning the various aspects of the project were to be urgently heard and the ground level situation reviewed with various official and non official documents, since the political demand for raising the dam height to completion, erecting 17 mts. high gates is being made with enormous pursuance at the highest echelons. The canals of Indira Sagar and Omkareshwar that are being excavated in the Sardar Sarovar affected region have also been under scrutiny and become a matter of debate both in the court and outside.

It is in this context that the Independent People’s Tribunal brought together a panel of eminent persons led by Former Chief of Delhi High Court, Justice A.P. Shah, Shri. Devindra Sharma, prominent agriculture policy analyst and Prof. Jaya Sagade, Faculty at the Indian Law Society, Pune. The Panel visited the various villages in the dam and canal affected areas on 2nd June and heard hundreds of people in the presence of thousands of people in Badwani on 3rd June. A large number of documents and memoranda submitted and available to the panelists were used/ analyzed for further investigation.

The Award of this People’s Tribunal on Sardar Sarovar, ISP, OSP canals and another major dam Jobat will be pronounced and read out by Justice A.P. Shah and other panelists, in the presence of representatives of various organizations and eminent persons from Bhopal, including Shri. S.C. Behar (Former Chief Secretary, Madhya Pradesh), Shri. Bharat Chapparwal (former Vice chancellor Rani Durgavati University) and hri L.S Hardenia (National Secular Forum) on 24th June at Gandhi Bhavan, Bhopal.

Adv. Shubhra (Ph: 9009106297)
Adv.Colin Gonsalves
Adv. Mohsin Khan
Medha Patkar

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World Environment Day (WED 2010): Smoke-free environment is a right

World Environment Day, June 5
Second-hand tobacco smoke is dangerous to health. It causes cancer, heart disease and many other serious life-threatening diseases in adults. "Almost half of the world's children breathe air polluted by tobacco smoke, which worsens their asthma conditions and causes dangerous diseases. At least 2 lakhs workers die every year due to exposure to second-hand smoke at work" said Professor (Dr) Rama Kant, World Health Organization (WHO) Director-General's WNTD Awardee in a media interface to mark World Environment Day (WED 2010), on 5th of June.

Incidentally, this year 2010 is the Year of the Lung to recognize that hundreds of millions of people around the world suffer each year from treatable and preventable chronic respiratory diseases like asthma. This initiative acknowledges that lung health has long been neglected in public discourses, and understands the need to unify different health advocates behind one purpose of lung health, informed Dr Nils Billo, Chair of the Forum of International Respiratory Societies (FIRS). Read more

Tobacco is the leading preventable cause of death in the world. It causes 1 in 10 deaths among adults worldwide. Ensuring a tobacco smoke-free environment is the only way to protect ourselves from the lethal ill effects of tobacco smoke, said Prof Rama Kant.

According to WHO, there are some 4000 known chemicals in tobacco smoke; more than 50 of them are known to cause cancer in humans. Tobacco smoke in enclosed spaces is breathed in by everyone, exposing smokers and non-smokers alike to its harmful effects.

According to the International Labour Organization (ILO), 2 lakh workers die every year due to exposure to second-hand tobacco smoke at work.

"There is no safe level of exposure to second-hand tobacco smoke. Neither ventilation nor filtration, even in combination, can reduce tobacco smoke exposure indoors to levels that are considered acceptable. Only 100% smoke-free environments provide effective protection" said Prof Rama Kant.

Prof Rama Kant is also the Head of the Department of Surgery at CSM Medical University (upgraded King George's Medical College - KGMC) and serves as the elected President of UP Chapter of Association of Surgeons of India (ASI), elected Governing Council member (2010-2012) of ASI, and President of Lucknow College of Surgeons (LCS).

Article 8 of the WHO Framework Convention on Tobacco Control, recognizes that exposure to tobacco smoke causes death, disease and disability, and asks countries to adopt and implement legislation that provides protection from second-hand smoke.

Many countries around the world have already introduced laws to protect people from exposure to tobacco smoke in public places. India is one of them.

"An Act on no-smoking in public places has been brought out by the Centre two-and-a-half years ago, but it remained only on paper. Now, we have made a modification in the already enforced rule and from 2 October 2008, the modified rule will be enforced strongly across the country," had said then Dr Anbumani Ramadoss, Union Health and Family Welfare Minister in early 2008. On 2nd October 2008, India did become smoke-free as we had a ban on smoking in public places. But in terms of implementation of this smoke-free policy, a lot more needs to be done as the current situation is truly appalling.

The Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act-2003, of the Government of India had notified revised Rules on the Prohibition of Smoking in Public Places on 30 May 2008, and as per the revised Rules, smoking is banned in shopping malls, cinema halls, public/private work place, hotels, banquet halls, discotheques, canteen, coffee house, pubs, bars, airport lounge, railway stations and other public places, from 2nd October 2008 onwards.

Contrary to common belief, smoke-free environments are widely supported by both smokers and non-smokers.

Having a smoke-free environment often saves money for bars and restaurant owners, reducing their risks of fire and consequently their insurance costs. It often results in lower renovation, cleaning and maintenance costs too.

Bobby Ramakant - CNS

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People's Tribunal in Narmada Valley shocked by non-compliance on rehabilitation

An Independent People's Tribunal (IPT) led by Hon'ble Justice (retd) AP Shah (Retired Chief Justice, Delhi and Mumbai High Court), Dr. Devinder Sharma (International Researcher and Agriculture Policy Analyst) and Prof. Jaya Sagade (Faculty, Indian Law Society, Law College, Pune) concluded their two-day visit and mass public hearing in the Sardar Sarovar Project (SSP) affected region in Narmada valley today evening. Read more

The Public Hearing was attended by about a thousand people, representing the two-lakh displaced people by SSP alone in the three states of Madhya Pradesh, Maharashtra and Gujarat. Having heard the hundreds of people in their villages yesterday and at the hearing in Badwani today, the People’s Tribunal was shocked to note as to how the Narmada Control Authority (NCA) and the Narmada Valley Development Authority (NVDA) can state that there are 0 families who are to receive rehabilitation, when in fact, in village after village, hundreds of people welcomed the Tribunal and demonstrated to them as to how the full community life is on; with houses, panchayat bhavans, schools, temples,
masjids, trees etc.

The Panel of eminent persons was in the Narmada Valley as part of the Independent People’s Tribunal on Environment and Human Rights, which is a national network of over 500 judges, lawyers, human rights activists and people’s organizations facilitating fair and independent investigations into cases of gross human rights and environmental violations of socio-economically marginalized communities.

Amongst other things, some of the main Terms of Reference of the Panel was to hear the concerned parties (affected people, State, Narmada Andolan) and make its observations on:

- Whether raising the height of the SSP dam beyond the present height of 122 mts is consistent with law, policy and Supreme Court judgements, when gross non-compliance on the rehabilitation, environmental measures is established and the entire scenario of costs and benefits of the project is in doldrums?

- Whether the canal-network of Indira Sagar and Omkareshwar canals should be reviewed to exclude the irrigated river-bank villages, minimize displacement and save the best of agricultural land and can the land acquisition and excavation of canals proceed any further without the full plans, complete data and guaranteeing full rehabilitation?

Panel visits SSP-affected villages in Nimad: Paper Rehabilitation exposed 
Beginning its visit since early morning yesterday, the Tribunal visited the canal-affected villages of Pandhania (Dharampuri Tehsil) and Mandil (Rajpur Tehsil) where the Justice Shah and other panel members saw for themselves the cruel juxtaposition of the prime irrigated lands and also huge portion of lands excavated and destroyed. The people requested the Tribunal to opine as to why their well-irrigated lands in the river-bank villages should be destroyed for the sake of the massive canal network? They also brought to the Panel’s notice the numerous illegalities in the process of land acquisition such as forced signatures on ‘consent letters’ and appealed that the Madhya Pradesh Government has a constitutional duty to save their best agricultural land and minimize displacement, which is also the mandate of the National Rehabilitation policy and the directive of the Hon’ble M.P. High Court. The canal-outsets also demanded that the full applicability of the Rehabilitation Policy.

After being welcomed at Anjad, the Panel moved into the Sardar Sarovar submergence affected villages of Pipri where it saw the full community life in swing, while not even a handul of families have shifted to the R&R site for village Pipri. The falsity and claims of ‘rehabilitation’ were clear before the members of the Tribunal. Shantabehen and Sajjanjiji narrated the history of violations at Pipri village and asserted that they shall part with their loves, but not with their lands.  In the adivasi village of Pichhodi, hundreds of women and men demonstrated to Justice Shah and others as to how they were
betrayed again and again and the State miserably and deliberately failed in purchasing and providing cultivable, irrigable and suitable agricultural land (with house plots) to the PAFs who have been affected from 90 mts.  In virtually every village, people, led by the women, questioned with anger and
pain, "We are agriculturist and nature-based communities. A few thousand rupees cannot feed our families and sustain our livelihood for a lifetime nor can it kill our entire-river valley culture. When the State cannot give us land and livelihood, it has no right to displace and submerge us."

Welcoming the Tribunal with 'Mashaal Juloos', hundreds of people in Chilakda village, which is affected at 95 mts exposed the fake claims of rehabilitation and pointed out as to how corruption has crept into the entire R&R process with at least 2,000 fake registries unearthed and crores of rupees wasted due to corruption in allotment of house plots and livelihood grants and payment of compensation to ineligible persona and properties etc.  When people are punished for even a single comment on any judge or judgement, how and why is the State, which has been committing gross contempt of the Supreme Court’ judgements not punished? Are the Courts not concerned about contempt of their judgments when it concerns the rights of thousands and thousands of marginalized people, questioned Bhagirath of Chikalda. The Tribunal received similar response in villages such as Khaparkheda, Kadmal, Nisarpur etc. where the people asserted that the M.P. Government is ready to submerge the people, without land, without rehabilitation.

Hundreds of displaced depose before Tribunal in Badwani: Demand land and livelihood
Hundreds of persons affected by the Sardar Sarovar Project including the hilly adivasis from Alirajpur and Bhadal who have lost their lands since early 90s, but have not been guaranteed land and livelihood based rehabilitation., farmers of Nimad who have a right to agricultural land and house plots, but have been betrayed by the state government due to the massive corruption of crores of rupees and fish workers and potters whose only source of livelihood is the river and river bank land deposed before the Tribunal, pouring out their woes and seeking implementation of the Tribunal Award, Rehabilitation policy and the Court’s judgements.

"The State has always pushed the dam ahead, by cheating us with false promises and looting us with fake assurances of rehabilitation," stated Bava Mahariya. After all these years, the Madhya Pradesh Government has not exhibited the political will to purchase and offer a single inch of private agricultural land and establish rehabilitation villages while it has thousands of acres of land for SEZs, companies and religious institutions, he said.

Noorji Padvi and many other adivasis from the submergence-affected villages of Maharashtra also deposed before the Tribunal today and asserted that there are still hundreds of families in the state awaiting rehabilitation, while corruption in the land purchases is only on the rise.

Adivasis and farmers affected by the Indira Sagar and Omkareshwar canals who are already living with good agriculture in the irrigated river-bank villages, their lands being destroyed due to the massive canals also deposed before the Tribunal and strongly demanded that their agricultural lands must be saved, at any cost. Adivasis affected by Jobat Project in Alirajpur district also presented their case before the Tribunal and sought full rehabilitation as per the Policy.

Along with the people, activists also deposed and brought to the Panel’s notice other pressing issues such as gross non-compliance on various environmental measures and asked as to why the dam and canal works should not be stopped, as recommended by the Devender Pandey Expert Committee. Rohan from Kalpvriksh, Pune Rehmat from Mathan Adhyayan Kendra, Badwani and Vimalbhai from Matu Jan Sanghathan, Delhi presented the poor state of environmental compliance in Narmada and other large dams and stated the issue of environmental impacts, as a critical issue linked with people’s lives must be fully considered by the Tribunal.

When the Project has failed to deliver the promised benefits of irrigation, drinking water and power at the present height, why not freeze the dam at the present height? How and why should the communities in the Narmada valley face further submergence, people questioned. At the end of the hearing, it became amply clear to the Tribunal that the whole process of R&R has been derailed and corrupted due the encashment. If anyone has benefitted, it is the officials and the touts and not the people.

The Tribunal also received hundreds of individual applications from the dam and canal oustees who stated their grievances of poor to nil rehabilitation. Despite the officials of NCA and NVDA having been invited in advance, it is unfortunate that none of the officials from either of the Authorities deposed before the Tribunal. This once again, re-affirms people’s position that neither does the State have answers to their questions nor and to offer in rehabilitation.

Having visited the villages and heard the people, the Tribunal members expressed their pain and shock at gross non-compliance on various rehabilitation and environmental measures and stated that they will very shortly bring out their Report on the reality of rehabilitation in the Narmada valley vis-à-vis the provision and promises in the Narmada Tribunal Award, Rehabilitation Policy, Supreme Court’s Judgemnts and Action Plans.

The Tribunal shall release its Report on 23rd – 24th June, 2010 at Bhopal. Advocate Shubhra and Advocate Mohsin from the Indian / Independent People's Tribunal facilitated the hearing.