[L-I] Fw: [ INDIA ] ML Update Vol. 7 /No. 26 30 Jun-6 Jul 2004

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Subject: [ INDIA ] ML Update Vol. 7 /No. 26 30 Jun-6 Jul 2004



ML Update
A CPI(ML)  Weekly News Magazine
 Vol.  7       No. 26      30 Jun-6 Jul 2004

Resolve of 26 June, 2004:

Free Democracy from the TADA-POTA Legacy

June 26, 2004 marked the twenty-ninth anniversary of the first officially
acknowledged massacre of Indian democracy. Under the autocratic Emergency
regime of Indira Gandhi (June 1975 - January 1977), press censorship and
mass detention without trial had become the order of the day. Fake encounter
killings by so-called law enforcement agencies had already become routine.
The Constitution had been amended to incorporate a full section on
'fundamental duties' of citizens even as lawmakers immunised themselves from
the 'occupational hazard' of facing the electorate every five years. In the
elections that followed, the Congress suffered its first shock defeat at the
Centre. Democracy, it was widely believed, had overpowered the Emergency.

The Janata Party government that replaced the Emergency regime however did
nothing substantial to restore democracy in any significant sense. The most
brutal and systematic acts of violation of democratic rights came to be
known merely as Emergency 'excesses'. Senior police officials who
specialised in the most barbaric kinds of torture were never punished for
their abominable crimes. Even the Left Front government of West Bengal, the
state that had witnessed the largest number of custody killings and cases of
torture and detention without trial, did not have the guts to punish the
most notorious Runu Guha Niyogi, choosing instead to promote him. Even after
the Emergency was lifted and Indira Gandhi was voted out of power, the
politico-legal architecture and legacy of autocracy remained very much in
place.
No wonder, three decades after the Emergency, governance in India is still
marked by a criminal lack of concern for democratic rights, bordering at
times on sheer contempt for the rights and lives of the ordinary people. And
for all the occasional official admissions regarding the 'misuse' of
anti-democratic legislations like TADA and POTA, black laws have actually
continued to proliferate. In place of the draconian Defence of India Rules
and the Maintenance of Internal Security Act of the 1960s and 1970s, in the
1980s we had new laws like the National Security Act and the Essential
Services Maintenance Act and then the most draconian TADA. The NSA and ESMA
are still in force and even though the TADA was allowed to lapse in the face
of massive protests and most damning exposures, people are still being tried
and sentenced under TADA.

The fact that TADA was still being used to target the democratic movement
came to light last year when 14 CPI(ML) activists of Arwal were sentenced to
life imprisonment under TADA by the Jehanabad court. Early this year, this
murder of justice was validated by the Supreme Court when the latter,
discounting all the facts of the case, upheld the Jehanabad TADA court's
verdict. Indeed, in the jaundiced view of the Supreme Court, the November
1989 Arwal incident involving the villagers of Bhadasi and the trigger-happy
policemen of Arwal, who had only three years ago enacted a repeat of the
Jalianwallabagh massacre at Arwal by gunning down more than two dozen
unarmed people in a peaceful assembly, became a teleological extension of
the US-led war on terror. Invoking a whole range of US-inspired definitions
of terrorism, the Supreme Court verdict virtually obliterated all
differences between democratic protests and terrorist acts.

As widely apprehended, the Arwal TADA case has now become a trendsetter for
the powers that be to suppress the just and democratic awakening of the
rural poor in Bihar. In another Jehanabad case going back to 1990, 16
persons are now being tried under TADA. And this, in spite of the fact that
seven of these sixteen accused were acquitted in the same case by the court
in the neighbouring Aurangabad district! The RJD-Congress government of
Bihar, which claims to be opposed to black laws like TADA and POTA, is once
again turning a deaf ear to the popular demand for withdrawal of this case.

The UPA government has made a programmatic commitment to abolish POTA. It
cannot be allowed to stage another farce like the so-called lapsing of TADA
by technically scrapping POTA while keeping all the POTA cases alive. We
must insist on a complete and unconditional termination of all TADA/POTA
cases and immediate release of all TADA/POTA prisoners. How long can
democracy in India be allowed to be held hostage by the draconian TADA/POTA
legacy?


CPI(ML) MLAs Staged Dharna inside Bihar Assembly Demanded Withdrawal of TADA
Cases

While the movement for withdrawal of TADA cases from 16 CPI(ML) activists in
Jahanabad and to free 14 comrades of Arwal who were convicted last year
under TADA  is gaining momentum, CPI(ML) legislators led by Comrade
Ramnaresh Ram staged an indefinite dharna inside the Bihar Assembly on this
question from June 22. CPI and CPI(M) legislators also came in support of
this demand.

Earlier, an adjournment motion was placed in Bihar Assembly on this issue by
the CPI(ML) which was turned down by the Speaker, even the govt. refused to
give any statement on this question. Moreover, the Bihar Govt. does not
intend to take any opinion of the Advocate General in this regard. This
clearly exposes the intentions of the RJD-led Rabri Devi's government.

A high level meeting was convened on June 24 inside the chamber of the
Speaker which was presided over by Dy. Speaker Bhola Prasad Singh and
attended by Law Minister Shakil Ahmad Khan, Parliamentary affairs Minister
Ram Chandra Purve, Home secretary V. K. Haldar, DGP of Bihar Shri Narayan
Mishra, Secretary of Bihar Assembly J. P. Pal and some other officials. The
Leader of opposition Upendra Kushwaha, Samata MLA Umashankar Singh, Leader
of CPM legislative group Ramdeo Verma and CPI(ML) MLA Mahboob Alam were also
present in this meeting. The meeting arrived at a conclusion that there was
no legal obstacle and TADA cases would be withdrawn after consulting the
Chief Minister.

But at the fag end of the session Govt. of Bihar came to the House with a
big 'NO' as it did in the earlier case involving 14 persons.

A high level meeting was also held inside the Speaker's chamber a year ago
in July 2003  to consider the withdrawal of TADA from 14 people, including
Comrade Shah Chand (who have now been convicted and imprisoned for life).
Then also it was concluded that the govt. is authorized under section 321 to
withdraw cases related to TADA. And it was told by the govt. to do the same
after consulting the Advocate General. But govt. had not taken any action
and 14 people were sentenced under TADA on 4 August 2003.

Meanwhile, state-sponsored attacks on CPI(ML) activists and supporters have
increased in Jehanabad-Patna and Gopalganj-Siwan regions, especially
targeting popular mass leaders. Recently, four Party supporters were killed
by goons in Masaurhi and Gopalganj. Ruling RJD is ingeniously mounting
attacks on Party cadres by using administrative and police machinery as well
as outfits like PWG, various gangs and Senas, particularly in the areas
where CPI(ML) holds strong mass base and where the movement of rural poor is
gaining momentum. After the killing of Comrade Manju, now Kunti Devi is
facing threats on her life and despite repeated demands to take action, the
administration is doing nothing. And in the same district, Jehanabad, Party
cadres are being implicated in TADA cases.

After the conclusion of Assembly session and lifting of dharna, leader of
CPI(ML) legislative group Ramnaresh Ram described the refusal to lift TADA
as dictatorial and anti-poor. He termed it a very crude example of how the
governments use such repressive tactics to suppress the movemental forces
and people's political opposition. He also thanked and welcomed the Left
parties and other democratic organisations who lent their support and
announced to launch a long-term struggle.

Intellectuals and Cultural Personalities Oppose Govt. Decision:
Many prominent writers, artists and intellectuals have opposed government's
decision of not lifting TADA from 16 ML activists of Jehanabad. In a
statement, they have said that it is astonishing to know that TADA is still
being used in Bihar as a political weapon to suppress the democratic
movement. A senior critic and Professor in JNU Manager Pandey, poet Alok
Dhanva, poet Karmendu Shishir, Bihar Secretary of Janwadi Lekhak Sangh and
writer Neeraj Singh, poet Sazeena, writer Vijay Kumar Singh, MLC and leader
of the teachers' Association Kedar Nath Pandey, and many others issued a
joint statement in this regard.

They said that this is the only case in India of conviction of political
personalities under TADA. While TADA cases have been lifted from thousands
of people all over the country, 16 more have again been falsely framed under
TADA showing a case of ordinary conflict and fight. And that too, in two
courts simultaneously where one court has already found all accused not
guilty. The condemned this act of the govt.  terming it a gross misuse of
power and the Law and demanded to withdraw the cases.

The fact that govt. refused to lift TADA despite the demand from almost all
the opposition inside the Assembly is receiving strong condemnation from
various democratic sections throughout the state.


Protest Day on June 26:

CPI(ML), organised a state-wide protest day on June 26 and held various
programmes including demonstrations, mass meetings and dharnas at district
and block headquarters. The effigies of Laloo-Rabri govt. were also burnt on
the day at many places. In Patna, street corner meetings were organised by
Bihar Pradesh Kisan Sabha, RYA and AIPWA. Hundreds of activists staged
dharna at Kalyani Chowk in Muzaffarpur, while thousands protested at
Samstipur, Bhabhua, Darbhanga, Nawada, Bhojpur, Jehanabad, Nalanda, Siwan,
Paliganj, Masaurhi and other places in support of the comrades being
victimised by the state using TADA.


Condemn RJD's Vile and Reprehensible Designs
 of Post-Election Spree of Attacks on CPI(ML) Supporters

Two CPI(ML) supporters, Panchu Bind and Krishna Bind, were gunned down in
Kharauna village under Bhagwanganj police station in Masaurhi block at
Patna-Jahanabad border on June 27 by the People's War Group goons. The
killers dragged the two poor labourers outside the village before
perpetrating the crime. They also indiscriminately attacked many houses in
the village and spread terror. The armed killers, nearly twenty in number,
shot the two in retaliation of defying PWG's election boycott call, which
would have a clear meaning to go in favour of RJD candidate. This is the
same area where a CPI(ML) propaganda jeep was attacked by RJD goons during
last parliamentary elections.
This incident sent shock waves among villagers in the area who assembled in
large numbers to protest. They stopped the police from taking dead bodies
from the spot demanding arrest of killers and compensation to the families
of victims. It is learnt that this crime was perpetrated to teach CPI(ML)
supporters a lesson for boycotting a so-called 'court' of PWG which was
called in a nearby Samastichak village few days ago. Despite strong
resentment administration, obviously, is reluctant to take any action to nab
the killers.

A day before, on June 26, in Vijaypur village of Gopalganj district gang of
one Suresh Yadav killed two CPI(ML) members belonging to Kushwaha caste.
Three people were also injured in this attack who are admitted in a hospital
in Gorakhpur. Till now no arrests have been made by the police for these
killings.

After the last parliamentary elections Laloo's RJD have launched fresh
attacks on Party activists and cadres in the areas where Party fared fairly
well. This tactic is aimed at spreading terror and demoralising the masses
through cleverly manipulating various criminal gangs, Senas and the
anarchist outfits like PWG and MCC. Administration and the police always
take sides with the perpetrators of crime and if any resistance from the
people arises, they try to promptly repress the voices of protest. Moreover,
CPI(ML) activists are also being implicated in fake cases including TADA
despite widespread condemnations. It is also learnt that many criminal gangs
having allegiance to ruling nexus have started claiming to have associated
with either PWG or MCC and are actively involved in repressing CPI(ML)
cadres.
This, evidently, is the reason why Kunti Devi, Zila Parishad member of
Jehanabad and National leader of AIALA and AIPWA, who is a declared target
of Ranvir Sena, was threatened by a police officer that he would shoot her
when she was protesting the killing of a labourer on 28 May last.


Solidarity Rallies in Andhra Pradesh

Responding to the call given by state units of AIALA and AP Kisan Sabha,
rallies were held at various Mandal Headquarters on 21 June appealing the
farmers to "Stop Suicides and March Forward to Solve Problems through
Struggle- We are with You". Hundreds of agricultural labourers and small
farmers participated in these Solidarity Rallies demanding the government to
implement relief measures to bail out the farmers from this government
inflicted crisis.
Rallies were held at Eleswaram, Prathipadu, Sankhavaram, Routhulapudi,
Thondangi, Gollaprolu, Kakinada rural and Gokavaram Mandals of East
Godavari, Vissannapeta and Chatrai Mandals of Krishna, Divisional Head
Quarter in Jangareddy Gudem of West Godavari and Payakaraopet of Visakha.

AIALA leaders B. Bangar Rao, D. Harinadh, Y. Arjun Rao, B. Viplavakumar, S.
Prakash, R. Simhachalam, K. Janardhan, A. Ramu, K. Kumari, D. Pullarao, G.
Satyanarayana, Damodhar, K. Krishna and others led the processions at
various places and submitted Memoranda to the respective Mandal/Revenue
Officers.


Land Seizure Movement in Yeleswaram

More than 300 agricultural  labourers of Marriveedu, Kambalapalem, and J.
Annavaram,    villages in Yeleswaram Mandal, seized nearly 300 acres of land
which was in excess of the land procured by the govt. for the Eleru
Reservoir construction for the purpose of supplying water to the Visakha
Steel Plant long back . Even though landlords and rich peasants got the
compensation long ago for these lands, they continued to occupy and
cultivate it. In the last week of April 2004, agricultural labourers under
the banner of AIALA and CPIML rallied at Mandal Revenue Office and demanded
the MRO  to take control of the said lands from the land owners as they have
already got the compensation from the Government and to distribute those
lands among agricultural labourers.

The MRO assured the people that the lands would be taken under Government
control but when the landlords refused to evict the lands, CPIML and AIALA
organised a seizure campaign and hoisted Red Flags over these lands on 25
May. After this action, police came to help land owners and filed cases
against the masses at the latter's behest.  Hearing this news  rural poor
assembled in good numbers and encircled MRO office  demanding withdrawal of
false cases. Seeing  and sensing the strength and militancy of the masses
MRO assured  that no cases will be registered and the lands will be surveyed
by a team to properly distribute it among the poor. The struggle continues.


Anti-Emergency Day Observed

26 June, the day Emergency was clamped in 1975, was observed this year
throughout the state of West Bengal as Black Day in protest against
violation of democratic rights, anti-poor economic agenda of Congress-led
and Left-supported government at the center and on the demand of repealing
TADA and POTA and releasing those political prisoners arrested under these
draconian laws. Various programmes were held, including leaflet
distribution, street corner meetings, processions, conventions, etc.

In Raiganj of North Dinajpur a convention was held, which was addressed by
power workers' leader Sharadendu, government servants' union leader Kamal
Bose, Dr. Jayanta Bhattacharya and Com. Kartik Pal, Secretary of West Bengal
State Committee of CPI(ML). It was presided over by Comrade Ajit Das,
District Secretary. Speakers cautioned the people to cast away illusions
about Congress being spread by CPI(M) and other Left Front parties and
remain alert to protect against violation of their rights and repression by
the Congress-led government.
Street corner meetings were held at Behala and Jadavpur, Dhubulia,
Bethuadahari, Krishnanagar, Debagram, Chakdah of Nadia, Samudragarh,
Purbasthali, Kusumgram, Akradah etc in Bardhaman district, Barasat and
Naihati of North 24 Paraganas, in Siliguri town and Bhadreshwar and Boinchi
of Hooghly district. Processions were taken out in Nabadwip in Nadia and
Jalpaiguri.


Protest Meeting in Barnala

Mazdoor Mukti Morcha organised a protest meeting against killing of an
agricultural labourer by kulaks in Guru Ramdas Nagar of Barnala in Punjab on
26 June. The meeting, attended by large number of agri. labourers including
women, was addressed by CPI(ML) CC member Prabhat Kumar, Punjab State
Secretary Rajvinder Rana and Jeeta Kaur. Famous singer and AIPWA leader
Iqbal Udaisi and a local leader of BSP also addressed in solidarity.
Mazdoor Mukti Morcha also organised a meeting in Ludhiana on June 27 plight
of unorganised workers and post-election tasks were discussed in detail. A
nine-member ad-hoc committee was formed to conduct a month long propaganda
and membership campaign in seven villages.


Transfer of Power in Iraq amidst People's Resistance

The limited transfer of power to the Iraqis by the United States was
surprisingly effected on June 28 under heavy security measures in a room at
the coalition's general headquarters in Baghdad, according to Al-Jazeera
television, two days before the scheduled date of June 30, in response to a
wave of attacks by the resistance, which is opposed to a government
subordinate to Washington's interests.

The Iraqi government has been born with a deformed autonomy, given that
foreign troops remain in the country, and that in the international arena,
it will not be able to sign all the usual diplomatic agreements, according
to morning news radio reports.

The U.S. has lost more than 850 troops in Iraq in the last 15 months, the
majority of them in the course of guaranteeing security for a nation
occupied by 30 countries. London has 10, 620 soldiers deployed in Iraq under
the aegis of the United States, and 59 of them have died. Other coalition
members, 51. What about the Iraqi civilians killed by the occupation troops?
According to the web site 'Iraq Body Count',  the number of Iraqi civilian
deaths runs between 9,148 and 11,005.
( Based on reports from 'Granma International', Cuba)


The 92nd Annual Conference of the International Labour Organization

The 92nd annual Conference of the International Labour Organization (ILO)
concluded on June 17 in Geneva.  Though the grave challenges of
socio-political crisis resulted from the growth of Joblessness on the one
hand and systematic expansion of an under-class of neo-'working poor' on the
other, had really forced the ILO to discuss over the Social dimension of the
capitalist drive of so-called 'globalisation'. Here are few critical
observations of how the working classes throughout the world have been
forced towards continued deterioration of the living conditions by the
current Imperialist globalisation:

(1). Overall global unemployment rose in 2003 to 185.9 million, remaining at
record levels for men and women and escalating more sharply among young
people despite a pickup in economic growth after a two-year slump. (2). The
so-called "informal economy" involving persons without fixed employment
continued to increase in countries with low GDP growth rates, the number of
"working poor" - or persons living on the equivalent of US$ 1 per day or
less - held steady in 2003, at an estimated 550 million. (3). Women still
face higher unemployment rates, explosive growth in the female workforce has
not been accompanied by true socio-economic empowerment for women, nor has
it led to equal pay for equal work or other benefits making women equal to
men across all occupations.

As there was no other way to evade their responsibilities , the heads of
state and government, as well as nearly 300 speakers from 177member-State
delegations, had to endorse the conclusions of the World Commission on the
Social Dimension of Globalization(WCSDG).  As in the past the implementation
of these conclusions greatly depends on the power of the movement of the
working class , both employed and unemployed, by taking the conclusions of
WCSDG as the universal terrain of class struggle.


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