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Posts Tagged ‘justice

‘Thou shalt not’ to an economy of exclusion and inequality

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"Those excluded are no longer society’s underside or its fringes or its disenfranchised – they are no longer even a part of it. The excluded are not the 'exploited' but the outcast, the 'leftovers'." - Pope Francis. Image: L'Osservatore Romano

“Those excluded are no longer society’s underside or its fringes or its disenfranchised – they are no longer even a part of it. The excluded are not the ‘exploited’ but the outcast, the ‘leftovers’.” – Pope Francis. Image: L’Osservatore Romano

Pope Francis has issued, a month before Christmas, a blunt and plain message to the political and financial masters of our societies. That message is: the economics of exclusion and inequality must stop.

The message comes early in his ‘exhortation’ (called ‘Evangelii Gaudium’) and which has just been released by the Vatican. You will find it in Chapter 2 which is titled ‘Amid the crisis of communal commitment’. The main body of the exhortation has a lot of the usual evangelical language that such messages from the Vatican typically contain, but this chapter rings stark and true.

Francis has begun this section with: “It is not the task of the Pope to offer a detailed and complete analysis of contemporary reality, but I do exhort all the communities to an ‘ever watchful scrutiny of the signs of the times’. This is in fact a grave responsibility, since certain present realities, unless effectively dealt with, are capable of setting off processes of dehumanisation which would then be hard to reverse.”

Vatican_Francis_evangelii_gaudiumHe gives a nod to the proponents of technological remedies to many of our contemporary problems: “We can only praise the steps being taken to improve people’s welfare in areas such as health care, education and communications.” And then gets to the root of the issue with “at the same time we have to remember that the majority of our contemporaries are barely living from day to day, with dire consequences. A number of diseases are spreading. The hearts of many people are gripped by fear and desperation, even in the so-called rich countries. The joy of living frequently fades, lack of respect for others and violence are on the rise, and inequality is increasingly evident”.

“It is a struggle to live and, often, to live with precious little dignity. This epochal change has been set in motion by the enormous qualitative, quantitative, rapid and cumulative advances occurring in the sciences and in technology, and by their instant application in different areas of nature and of life. We are in an age of knowledge and information, which has led to new and often anonymous kinds of power.” This is a complaint as plain as any we have seen from those suffering from the effects of climate change, from the forced economics of austerity, from the land grabs and the perversions of democracy. It is possible that in the last sentence, Francis has also warned against the global spying (by the USA and its feckless allies) which included the Vatican too.

In the sub-section titled ‘No to an economy of exclusion’ Francis has made plain his opposition [get the English pdf here] to the current systems of power and control:
“Just as the commandment ‘Thou shalt not kill’ sets a clear limit in order to safeguard the value of human life, today we also have to say ‘thou shalt not’ to an economy of exclusion and inequality. Such an economy kills.”
“How can it be that it is not a news item when an elderly homeless person dies of exposure, but it is news when the stock market loses two points? This is a case of exclusion. Can we continue to stand by when food is thrown away while people are starving? This is a case of inequality. Today everything comes under the laws of competition and the survival of the fittest, where the powerful feed upon the powerless. As a consequence, masses of people find themselves excluded and marginalised: without work, without possibilities, without any means of escape.”

Vatican_Francis_main“Human beings are themselves considered consumer goods to be used and then discarded. We have created a ‘throw away’ culture which is now spreading. It is no longer simply about exploitation and oppression, but something new. Exclusion ultimately has to do with what it means to be a part of the society in which we live; those excluded are no longer society’s underside or its fringes or its disenfranchised – they are no longer even a part of it. The excluded are not the ‘exploited’ but the outcast, the ‘leftovers’.”

And in one angry paragraph, Francis effectively sends packing the army of macro-economists and financial manipulators who continue to claim that constant growth (GDP, economy, consuming, and so on) brings people out of poverty thanks to the ‘free market’.

“In this context, some people continue to defend trickle-down theories which assume that economic growth, encouraged by a free market, will inevitably succeed in bringing about greater justice and inclusiveness in the world. This opinion, which has never been confirmed by the facts, expresses a crude and naïve trust in the goodness of those wielding economic power and in the sacralised workings of the prevailing economic system. Meanwhile, the excluded are still waiting.”
“To sustain a lifestyle which excludes others, or to sustain enthusiasm for that selfish ideal, a globalisation of indifference has developed. Almost without being aware of it, we end up being incapable of feeling compassion at the outcry of the poor, weeping for other people’s pain, and feeling a need to help them, as though all this were someone else’s responsibility and not our own. The culture of prosperity deadens us; we are thrilled if the market offers us something new to purchase. In the meantime all those lives stunted for lack of opportunity seem a mere spectacle; they fail to move us.”

This is indeed revolutionary material from the Vatican. Now let’s see what effect it has on the suits in the G20, the banking parasites, the stock marketeers, the land grabbers, the ecological criminals in all our countries.

Why corruption in India has grown, what must now be done

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Supporters of fasting social activist Anna Hazare marching towards Ramlila Maidan from India Gate, in New Delhi on Sunday night. Photo: The Hindu/Sushil Kumar Verma

There has been no progress in the disucssions between the government in India and the leaders of the massive movement against corruption, led by Anna Hazare, who is still on a protest fast in New Delhi [see earlier post on the movement]. A meeting of all the political parties was held on the issue of the Lokpal, an institution proposed to redress public grievances on corruption and abuse of public office. An excellent summary of the matters before the citizens of India, and the best choices available to achieve probity and equity has been provided by the Communist Party of India (Marxist), in its note placed before the participants of the meeting of all political parties. Titled ‘Lokpal: For An Effective Anti-Corruption Body’, here is the full text of the note:

Introduction

Corruption has become a major public concern in the wake of successive scams unfolding over the past few years. In a country like India, where millions of people still suffer from acute poverty, hunger and lack of socio-economic opportunities, the pillage of public resources through corruption amounts to a crime of a very serious nature. Besides impeding economic development, accumulation of ill gotten wealth through corruption is widening the inequalities and ruining the moral fabric of our society.

The recent exposures in the 2G spectrum allocation case, CWG scam etc. have shown how thousands of crores worth of public resources have been illicitly cornered by a section of corporates, bureaucrats and ministers. What is worse, tainted ministers have been allowed to remain in office for months and the investigations manipulated, in order to obstruct the course of justice. While corruption in high places has been a feature of our political system for many decades, what has emerged as a dominant trend in the post-liberalization period is a thorough distortion of the policy-making process at the highest levels of the government. A nexus of big corporates, politicians and bureaucrats have matured under the neoliberal regime and is threatening to subvert our democracy. It is clear that the current economic regime has made our system more vulnerable to cronyism and criminality.

The battle against corruption, in order to be effective today, can be achieved only through a comprehensive reform of our political, legal, administrative and judicial systems and not through one-off or piece-meal measures. The establishment of an effective Lokpal institution is one such measure. This needs to be complemented by other measures. There has to be a grievance redressal set-up for citizens, based on a legislation. There has to be a National Judicial Commission to oversee the higher judiciary; there has to be electoral reforms to check the use of money power in elections which is another source of corruption. Urgent steps also need to be undertaken to reform our tax system to plug loopholes and unearth black money, much of which is stashed in offshore bank accounts and tax havens. Firm steps need to be taken to break the big business-politician-bureaucrat nexus. Only a comprehensive systemic reform can effectively curb corruption.

Lokpal Bill

The 74-year-old Gandhian has made it clear he will not end his hunger strike till his version of the anti-corruption Lokpal Bill is adopted. Photo: NDTV

The institution of Ombudsman, which exists in many countries across the world, has provided avenues to redress public grievances on corruption and abuse of public office. However, the fact that the Lokpal Bill could not be passed in the Indian parliament in four decades exposes the lack of political will to fight corruption. Several governments in the past have taken it up only to shelve it later under various pretexts. The present government has also been compelled to initiate discussion on this bill because of public outcry over successive corruption scandals. It is imperative that a Lokpal Bill which deals with corruption in high places is tabled in the forthcoming session of parliament.

In the wake of the on-going debate on what should be the scope and role of the Lokpal, the Communist Party of India (Marxist) wishes to set out its stand on the main issues concerning the constitution of a Lokpal.

1. Definition of Corruption

Corruption involves a whole range of activities from bribery, influence peddling, patronage or favour, nepotism, cronyism, electoral fraud, embezzlement, kickbacks to officials and involvement in organized crime. The Prevention of Corruption Act, 1988 has defined the offences that constitute a corrupt act. This definition requires to be widened. The linkage between misuse of public power for private gain or enrichment is a highly restrictive understanding of corruption. In many cases, power is misused to benefit an entity like a private company which is not a ‘person’ as required under the PCA 1988. Often, there may be no traceable kickbacks or embezzlement but there may be a huge loss to the public exchequer and breach of public trust for example through sale of PSUs due to a willful misuse of power. The definition of corruption has to be widened to include “willfully giving any undue benefit to any person or entity or obtaining any undue benefit from any public servant in violation of laws or rules”.

2. Clarity on Functions

The Lokpal should essentially be a fact-finding body that receives complaints, enquires, investigates and forward cases to Special Courts where prima facie there is a case of corruption for prosecution and punishment in a time bound manner. It should have powers to recommend an enquiry and investigation suo moto. It should oversee the entire machinery related to corruption cases at the Central level. Finally, it should have the powers to recommend executive action and to approach Courts when these are not accepted. The Lokpal should be entrusted with quasi-judicial powers and autonomy to fulfill these functions in an independent, accountable, transparent and time-bound manner. The separation of powers between legislature, executive and judiciary is a part of the basic structure of the Constitution. The institution of Lokpal should conform to this basic structure. An issue to be considered regarding the functions of a Lokpal is whether it will deal with corruption or will it also perform functions of grievance redressal. The CPI(M) favours separation of these functions. There must be a separate mechanism for grievance redressal. This should be set up by a separate legislation. The grievances of citizens about the citizens charter etc should be brought under this set up.

3. Selection & Composition of Lokpal

In a huge show of support for anti-corruption crusader Anna Hazare and the Jan Lokpal on Sunday, over 100,000 people marched on the streets of Mumbai. Photo: The Hindu/AFP

The Lokpal Act should lay down an objective and transparent criteria such as competence, experience, qualification etc for the selection of candidates for appointment to the Lokpal. The selection committee should be broad-based consisting of members of the executive, leaders of parliament, members of the higher judiciary, jurists and academicians. The search committee constituted by the selection committee should also be broad-based. Composition: Apart from the chairperson, there should be 10 members in the Lokpal. Out of these four shall be judicial members, three can be persons with administrative and civil service backgrounds and the other three should be drawn from fields such as law, academics and social service. There should be no member drawn from commerce and industries just as there can be no politician.

4. Jurisdiction

While corruption in high places has to be tackled on a priority basis, for the ordinary citizen, it is the corruption faced by them in daily life and in dealings with public authorities that also needs to be urgently taken up. Much of this sphere of corruption falls in dealings with authorities at the states-level. The Lok Ayuktas set up on the lines of the Lokpal should bring all state government employees, local bodies and the state corporations under their purview. Further, a citizen’s grievances redressal machinery that we have proposed be set up separately, should address all grievances regarding delivery of basic services and entitlements for citizens.

a) Prime Minister: The Prime Minister should be brought under the purview of the Lokpal with adequate safeguards. The office of Prime Minister along with all public servants was brought under the purview of Lokpal by the V.P. Singh Government in 1989 and in all subsequent draft legislations, the Prime Minister has been placed under the Lokpal. In fact a Parliamentary Standing Committee headed by Shri Pranab Mukherjee had made precisely this point while examining the 2001 Lokpal Bill. For the first time since 1989, this government presiding over a large number of scams, is unwilling to ensure accountability of the highest executive office. Clearly, all public servants of the Union Government within the definition in the Prevention of Corruption Act, which includes the Prime Minister, must fall within the purview of the Lokpal.

b) Judiciary: The judiciary too needs to be brought under scrutiny and made more accountable, and the stringent requirement of prior permission and sanction from the Chief Justice to file FIRs and investigate corruption charges has resulted in a de facto immunity to them. But the proposals to bring them under Lokpal encroach upon the constitutionally guaranteed independence of the Supreme Court. If a mere allegation of mala fide is enough for the Lokpal to start an inquiry into the actions of judges, it may not allow judges to act without fear.

Complaints about corruption against the judges of the Supreme Court and the High Courts should be handled by a separate body, the National Judicial Commission. This Commission should take care of the appointments in the higher judiciary and oversee their conduct and enquire into the complaints of corruption. For this, necessary legislation will have to be passed. The Judicial Standards and Accountability Bill, 2010 is woefully inadequate for this purpose.

c) Members of Parliament: At present, the scrutiny of the conduct of Members of Parliament with regard to any corrupt practice is weak and unsatisfactory. For Members of Parliament, Article 105 of the Constitution provides protection with regard to freedom of speech and voting. The real issue is how to ensure that this freedom and protection does not extend to acts of corruption by Members of Parliament. This can be done through an amendment to Article 105, on the lines recommended by the National Commission to Review the Working of the Constitution. Alternatively, if feasible, there can be legislation that if any Member of Parliament indulges in any act of corruption that motivates his or her action in Parliament (voting, speaking etc.), then this act falls within the purview of the Prevention of Corruption Act and the IPC.

5. Lok Ayuktas

In the states, Lok Ayuktas should be set up on the model of the Central Lokpal.

6. Protection of Whistleblowers

Whistleblowers must be protected in order to combat corruption. Monitoring and ensuring protection of whistleblowers can be a part of the mandate of Lokpal, but this needs a comprehensive statutory backing. The provisions of the Public Interest Disclosure (Protection of Information) Bill, 2010 needs to be strengthened and the bill enacted expeditiously.

7. Big Business-Public Servant Nexus

It is necessary to recognise that an important source of corruption since liberalisation stems from the corrupt nexus between big business and public servants. It is necessary for the Lokpal to have investigations in cases which involve business entities to recommend cancellation of licences, contracts, lease or agreements if it was obtained by corrupt means. The Lokpal should also have the power to recommend blacklisting companies from getting government contracts and licences. Similarly, if the beneficiary of an offence is a business entity, the Lokpal should have the power to recommend concrete steps to recover the loss caused to the public exchequer. The government should normally accept these recommendations and act upon it.

Conclusion

The CPI(M) holds that along with a law for setting up an independent Lokpal, simultaneous measures to strengthen the legal and administrative framework
against corruption are required. These include:

(1) Setting up of a National Judicial Commission to bring the conduct of judiciary under its purview
(2) Law to protect citizens charter for redressal of public grievances
(3) Amendment of Article 105 of the Constitution to bring MPs under anti-corruption scrutiny
(4) Electoral reforms to check money power in elections
(5) Setting up of Lok Ayuktas in the states to cover all public servants at the state-level
(6) Steps to unearth black money and confiscate the funds illegally stashed away in tax havens.

Written by makanaka

August 24, 2011 at 23:14

Statement of Binayak Sen

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Dr Binayak Sen, and the co-accused Pijush Guha and Narayan Sanyal, have been sentenced to life imprisonment, under Sec. 124(A) of CrPC (Code of Criminal Procedure) and Sec 39 of UAPA (Unlawful Activities (Prevention) Act). Sanhati has carried Dr Sen’s statement at the conclusion of the trial.

“I am a trained medical doctor with a specialization in child health. I completed my MBBS from the Christian Medical College, Vellore in 1972, and completed studies leading to the award of the degree of MD (Paediatrics) of the Madras University, from the same institution in 1976. After this, I joined the faculty of the Centre for Social Medicine and Community Health at the Jawaharlal Nehru University in New Delhi and worked there for two years, before leaving to join a field based health programme at the Friends Rural Centre, Rasulia in Hoshangabad, MP.”

“During the two years I worked there, I worked intensively in the diagnosis and treatment of Tuberculosis and understood many of the social and economic causes of disease. I was also strongly influenced by the work of Marjorie Sykes, the biographer of Mahatma Gandhi, who lived at the Rasulia centre at that time. I came to Chhattisgarh in 1981 and worked upto 1987 at Dalli Rajhara (district Durg), where, along with the late Shri Shankar Guha Niyogi and the workers of the Chhattisgarh Mines Shramik Sangh, I helped to establish the Shaheed Hospital, that continues to practice low cost and rational medicine for the adivasis and working people of the surrounding areas upto the present.”

“After leaving Dalli Rajhara, I worked to develop a health programme among the Adivasi population in and around village Bagrumnala, which today is in Dhamtari district. This work depended on a large group of village based health workers who were trained and guided by me. When the new state of Chhattisgarh was formed, I was appointed a member of the advisory group on Health Care Sector reforms, and helped to develop the Mitanin programme, which in turn, became the role model for the ASHA of the National Rural Health Mission.”

More here.

People’s Union for Civil Liberties statement on Binayak Sen judgement

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This via Countercurrents.

24th December, 2010

Dr Binayak Sen

The People’s Union for Civil Liberties is deeply disappointed at the miscarriage of justice reflected in the judgement of Raipur Additional District and Sessions Judge B. P Verma sentencing our National Vice President Dr. Binayak Sen to life imprisonment under charges of sedition 124 (A) of the IPC read with conspiracy (120-B IPC) along with convicting him concurrently u/s 8-(1), (2), (3) and (5) of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam,2005 (Chhattisgarh Special Public Safety Act, 2005) and u/sec 39 (2) of the Unlawful Activities Prevention Act, 2004 (amended). It is a sad day for the PUCL and all human rights defenders in the country and a black day for the Indian Judiciary.

Dr. Binayak Sen was charged with being a courier of letters from co-accused Narayan Sanyal to Piyush Guha. All through the trial not a single Jail authority appearing as prosecution witness confirmed this. In fact, there was no substantive evidence to confirm any of the allegations of the prosecution.

The PUCL holds that Dr Binayak Sen is a victim of the vendetta of the Chhattisgarh government for his bold and principled opposition to state sponsored vigilante operation Salwa Judum, which has been held unacceptable even by the Supreme Court. His conviction is one more example of the state succeeding in securing the conviction of an innocent person on the basis of false evidence. It is an occasion for the nation to demand drastic reform of the criminal justice system to ensure that it is not manipulated by the state to persecute, prosecute and victimize innocent persons.

The PUCL will continue to work towards Dr. Binayak Sen release and take all legal measures in this regard. It will also work towards building public opinion against the ongoing persecution of activists and Human Rights Defenders in the country.

Prabhakar Sinha ( President), Pushkar Raj ( General Secretary), Mahipal Singh ( National Secretary), Kavita Srivastava ( National Secretary), Kavita Srivastava (General Secretary) PUCL Rajasthan

Address for correspondence: 76, Shanti Niketan Colony, Kisan Marg, Barkat Nagar, Jaipur-302015 Tel. 0141-2594131 mobile: 9351562965

India’s unseen Niyamgiris

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Cover, 'L'Inde - des tribus oubliées', photographed by Tiziana and Gianni Baldizzone

Cover, 'L'Inde - des tribus oubliées', photographed by Tiziana and Gianni Baldizzone

This remarkable book, ‘L’Inde – des tribus oubliées’, has been released in a 2008 edition, as I found in Paris, at a small book-seller’s near the Metro Opera.

Based on the work that went into the visually stunning 1993 edition by the photographer couple, Tiziana and Gianni Baldizzone, L’Inde – des tribus oubliées’ (‘India’s forgotten tribes’) contains rare photographs of the Dongria Kondh.

There’s more on the struggle of the Dongria Kondh here and here.

The Niyamgiri Hills form a mountain range in the Eastern Indian state of Orissa, and are home to more than 8,000 Dongria Kondh, whose lifestyle and religion have helped nurture the area’s dense forests and unusually rich wildlife.

At the centre of the struggle is the Dongria’s sacred mountain, Niyam Raja. The Dongrias worship the top of the mountain as the seat of their god and protect the forests there.

Medium de la tribu Kandha dans l'Orissa (montagnes Nimgiri)

Medium de la tribu Kandha dans l'Orissa (montagnes Nimgiri)

Mining conglomerate Vedanta Resources wants to mine bauxite from the top of the same mountain.

If that is allowed by the government of India, the Dongria Kondh would lose their livelihood, their identity and the sanctity of their most religious site.

In common with other displaced tribal peoples worldwide, they would also lose their present good health, their self-sufficiency and their expert knowledge of the hills, forests and farming systems that they have nurtured.

‘L’Inde – des tribus oubliées’ with photographs by Tiziana and Gianni Baldizzone reminds us of the extraordinary richness of our tribal fabric and why no effort is too great to protect them and their ways of life.

The book contains a preface by Dominique Lapierre and the remarkable photographs rest upon authoritative text by Declan Quigley and Vinay Srivastava. See Éditions du Chêne for more on the book.

Jeunes filles bondas

Jeunes filles bondas

Femme bonda parée de tous ses bijoux en perles, or et toile

Femme bonda parée de tous ses bijoux en perles, or et toile

Femme gadaba revenant du marché etportant un manteau de feuilles

Femme gadaba revenant du marché etportant un manteau de feuilles

Guerrier nishi (Arunachal Pradesh)

Guerrier nishi (Arunachal Pradesh)