Ci3

Environment:

Total sum of living and nonliving components, influences and events surrounding an organism. It includes: i) Abiotic or physical milieu including geographic location, terrain, climatic conditions, land, water, atmosphere; ii) Biotic or organic milieu including plants, animals, bacteria, virus and other organic matter

Environmental Degradation: Act or process of devaluing of and damage to the environment by natural or anthropogenic causes; in other words, rendering the environment a less conducive habitat for the living world due to excessive intervention of man. - 4 major areas of concern are: Damage to marine environment; ozone depletion; Smog and air pollution; Vanishing forests or deforestation.

Causes and effects of Environmental Degradation Affluence produces effluence-Advancing technology, culture of materialism with increasing numbers is threatening to destroy earth’s biosphere.Causes:

1. Growing population2. Rapid urbanization3. Industrialisation - Examples: Effluents in Yamuna in Delhi, tanneries in Vellore,

Dyes and chemicals in Gujarat, ship breaking in Alang4. Market forces leading to exploitation of resources5. Growth of consumerism and lack of sensitivity to nature6. Over exploitation and haphazard use of the environment7. Technology including tranport8. Deforestation9. Desertification10. Depletion of water resources and fisheries11. Overgrazing12. Agricultural practices: Intensive farming, over irrigation, chemical fertilizers and

loss of soil quality13. Industrial negligence(Bhopal gas tragedy, untreated effluents)14. Pollution –air, noise, land, water15. Some times due to govt policies-e-g Subsidies for irrigation in India has resulted

in over irrigation, salinity

Effects:1. Global warming-Green house effect2. Ozone depletion3. Toxic elements in air, water4. Smog

5. Diminishing human immunity6. Cost to health of humans (Respiratory problems, eye , hearing problems), plants

and animals7. Contamination of water leading to damage to aquatic, plant an human life, water

borne diseases8. Agricultural land slowly turns into wasteland

PollutionUndesirable or detrimental change in a natural system or unfavorable alteration

of our surrounding through direct or indirect effects of changes in the energy patterns, radiation levels, chemical and physical constitution and overpopulation of organisms. Causes are mostly man-made or anthropogenic- Pollution affects humans directly as well as indirectly.

Characteristics of pollution:Natural and artificialLong distancePersistent and long lastingBiological concentration

Air pollution: Agents; Sulphur oxides, carbon oxides, hydrocarbons, particulate matter

Green House Effect: A natural phenomenon that traps sun’s radiation within the earth’s atmosphere-

Higher concentration of Green House gases means warmer climate

Green House Gases: Carbon di Oxide: ( Greatest impact- due to deforestation and burning of fossil fuel- Level increased 27 times since mid 18th century

, Nitrous oxide; because of fertilizer use and chemical production such as nylon

CFC and halons: CfC from Refrigerators, aerosol sprays, air conditioners and latter in fire fighting equipment

Methane: when bacteria have accesses organic matter-rice/paddy fields, swamps, garbage dumps, landfills- Increased 100% since 1765,

Ozone: consisting of 3 atoms of Oxygen-Shields earth from sun’s UV rays -Sunlight reacting with automobile emissions and water vapour causes its depletion.-- Major component of smog- Has a high rate of breakdown- CFCs have caused hole in ozone over Antarctica

2

Anthropogenic greenhouse gases are increasing global average temperatures.

Acid rain: deposition on earth of the dilute solutions of acids (sulphuric and nitric) with rainfall. Sulphuric is from coal and oil used in industry, smelting. Nitric is from automobile exhaust, chemical fertilizer factories)-Acid deposition often turns up days later and 100s of Kms from the source of emission

Ozone Depletion: Ozone layer lies mostly in the stratosphere, 12-15 kms above the earth’s surface. It protects plants and animals from much of sun’s harmful ultraviolet radiation by filtering-This protective layer has depleted and a hole caused over Antarctica because of CFCs and halons.

Kyoto protocol : Legally binds nations to reduce greenhouse gas emissions- came into force on Feb 6, 2005- Cuts are not uniform-US and Australia did not sign as Bush said it would damage American economy; Major industrializing economies like India and China were not covered by its provisions until 2012, the logic being that developing nations should not be made to pay a price for late industrialization- Countries can buy “emission credits” (earned by reducing emissions below the mandated levels) from countries that do not need them to stay below their emission quotas .There is a provision for CDM which encourages investment in developing countries for promoting transfer of environment-friendly technologies.

Global warming: Also known as green house effect. Sunlight enters earth’s atmosphere and after hitting the earth, gets radiated back into the atmosphere and is absorbed by certain gases. This heats the atmosphere and warms the earth’s surface. In normal process this is essential for life on earth, but today there is an increase in the greenhouse gases due to a no. of factors(such as deforestation, chemical and nuclear wastes etc- see elsewhere)This increase in atmospheric concentration of greenhouse gases has serious implications on surface warming and climatic change (See below)

Implications of Global warming: Current Scenario: The UN Intergovernmental Panel on Climate Change (IPCC) in its recent report (2005) says that world has become warmer. Acc to it, average global surface temperature has risen by 0.6 degrees C since 1900 with much of that rise coming in the 1990s which is probably the warmest decade in 1000 years.(The 6 warmest years in global temperature are: 1995, 1990, 1991, 1994, 1988, 1983- these years saw fires in Yellow stone National park, flooding in Bangladesh, record number of hurricanes, drought in south east US)).The IPCC also found that the snow cover has decreased by 10% since 1960s and lake and rivers in the Northern hemisphere are frozen over about 2 weeks less each year than they were earlier. Mountain glaciers in non-polar regions have also seen a notable retreat in the 20th century. Average sea level has risen between 0.1 to 0.2 metres since

3

1900..Antrcica’s largest glacier has lost 45 meters in the last decade and ice shelves have disintegrated.

Future: Experts predict wetter monsoons in subtropics,, more floods ,intense winter snows, storms, heat waves and droughts.; 1.4 to 5.8 degrees rise in global surface temperature over the next 100 years. Decrease in sea ice, rise in sea level will lead to coastal erosion, loss of beaches, increase salinity in rivers, animal extinction, disappearance of low lying areas like Bangladesh, Florida, Maldives.( 1 degree rise in temperature is calculated to increase sea level by 10-20 cm) Other studies are even more ominous: World Wildlife Fund predicts polar ice melting in summer as early as in 20 years with polar bears being pushed close to extinction.

Sustainable Development:

1987- Brundtland Commission or UN commission on Environment and Development (UNED)-“ That development which meets the needs of the present generation without compromising the ability of future generations to meet their requirements”- Balance between exploitation and conservation: 5 principles:

Ecological harmony: (man and hi surroundings- humans, oceans, forests, wild life, habitat, biodiversity)

Maximum ecological efficiency: (Judicious exploitation of minerals and other non renewable resources, increased use of renewable energy, biodegradable waste)

Conservation of natural resources: (developmental process can be disastrous-Industries, urbanization, deforestation, over exploitation of resources, large dams leading to flooding)

Local self- reliance: (Use of local resources to satisfy local needs using decentralized local plans- an idea propounded by Schumacher in his landmark book ‘Small is Beautiful’)

Equity with social justice; Extending fruits of development to all people-development often leads to displacement, destroys markets for indigenous products

Sustainable development would mean undertaking developmental activities and projects, which would work in close harmony with Nature and without disrupting local social system now and in future. In order for sustainable development has to improve the well being of societies, enable every one to participate in the developmental process and the benefits of development should be shared by all people and all countries. Besides, improvements in human well being should be extended over many generations. The future generations also have the same claim on the fruits of development as well as the earth’s resources as the current one does as this earth is our common heritage.

Criticisms/ Problems/ Issues with SD:

4

The term is self contradictory as all development requires consumption There are limits set by natural resource availability to the process of

development and so there can be no sustainable development North-South divide Who should bear the cost of SD? Disproportionate burden on less developed countries Technological availability, transferability and economic feasibility of SD Ethics of preventing Less Developed Countries (LDCs) from the

developmental course while the west itself developed unmindful of sustainability question

The problem is not the LDCs’ over population but over-consumption of the North- in terms of energy use (transport, for example), paying no heed to renewable resources and non polluting technology, consumerism, waste produced, habit of throwing away products without recycling or reusing ,

Smokescreen for west’s over-consumption

Carrying capacity : An ecology related term, which means the point at which human use of an ecosystem can reach a maximum without causing degradation. It is the threshold point of ecological stability. People like Malthus believed in the concept of a limited carrying capacity but modern technology has continuously expanded the carrying capacity of our ecosystem.

Discuss the nature/ characteristics of human rights Definition: “Those conditions of social life without which no human being can seek in general to be himself at his best”-Harold Laski in the Grammar of Politics

Those moral rights, which are owed to each man and woman solely by reason of being human.Universal: Human Rights are “rights of all people at all times and in all situations” according to Maurice Cranson- Pertains to all people at all times simply because they are human beings- Govts are not entitled to apply HR as they think fit- Not conferred on anyone but inherentNot dependent on any authority or legal system to exist

Individual: HRs are the rights of individuals to meet the needs and purposes of individuals.

Paramountcy: Something of which no one can be deprived of without grave affront to justice- Inalienable- Minimum strong moral rights of which no man or woman can be deprived by govt or society whether by arbitrary fiat or by law Practicability: HR claims can obviously never be made to what is physically impossible (e-g to live for ever)

5

Enforceability: By the International community

Basic, fundamental and natural. - Derived from principle of natural law- moral and universal- not earned or acquired on the basis of special positions or specific contracts

WORLD WITHOUT BORDERS

This earth is our common heritage

1972: Lester Brown ’s book: World without Bo rder

2000: Hillary French: vanishing Borders- Protecting the Planet in the Age of GlobalisationEnvironmental problems are global; causes emanate from across the globe; effects of degradation are suffered globally; solutions need to be global

For most history, natural borders such as mountains, oceans, and deserts helped isolate ecosystems but now these physical barriers no more matter-transport, communication, international investment for resource extraction, international trade in these- rapid growth of movement of people, goods and services as well as species and microbes- Ecological integration- Ecology of Globalisation :

Biodiversity is a common heritage of all nations- habitat loss is universal problem- sea and marine and coastal environment –over-exploitation is global in nature with global implicationsUrbanisation, industrialization and resulting deforestation are global phenomena.

Chemical pollutants travel across continents fuelling acid rain elsewhere-global warming leads to flooding and submerging across countries.Polar environment is recognized as one of the important indicators of the planet’s health, especially with regard to global warming. Condition of the Antarctic ice shelf is an important factor in studies on climate change and sea level rise.

Nature under siege globally because of trade in timber and minerals- world’s hotspots of biological diversity are threatened by a surge of international investment in resource extraction—Even tourism-Role of commercial logging and international trade- Mining and petroleum industries threaten world’s forests, mountains, waters and other sensitive eco systems- Huge tracts of land are taken over, displacing local people-destroying agricultural fields-pollution- toxic by products mixing with water-e-g: Tundra regions of USA and Russia are threatened by oil exploration; Temperate forests of Chile and New Zealand and the Amazon tropical forests are threatened by logging; Little heed

6

is paid to reversing the damage to the planet on account of this process. Industrial countries are the main consumers of minerals: 100% nickel imports, over 90% of bauxite, 70% to 80% of zinc, copper, iron and lead imports are accounted for by developed countries while the bulk of ecological damage and environmental risks in producing them is borne by developing countries, according to Hillary French.

Globalisation is the accelerating factor in global environmental problems and ecological damage in all countries-e-g global warming, floods, deforestation, greenhouse gases, climate change, Ozone depletion all are global in nature - CFCs from any country will destroy atmosphere everywhere-Response to these is also global: International efforts and conventions on ozone depletion, green house gases - UNEP (UN environmental Programme) has accelerated negotiations on several global environmental issues, Rio(Earth Summit on Climate change and biodiversity)-, Kyoto( 1997-Set legally binding targets for reduction of greenhouse emissions- introduced CDM, but the advanced G* countries did not agree- came into force last year)

International Whaling Convention-1946- 40 parties(countries)-protects whales

CITES (Convention on International trade in Endangered Species of Fauna and Flora): 1973-146 parties- (covers trade in monkeys, turtles, live birds, reptiles, ornamental fish etc);

UN Convention on Law of the Sea-1982-132 parties –conserving sea life

Montreal Protocol:1987-172 parties -Phasing out CFCs by developed countries by 1996 and developing countries by 2010 to protect ozone

BASEL Convention : 1989-133 parties -monitoring trans-boundary movement of hazardous waste- Exporting countries need to notify recipient nations of the shipment and receive their approval before shipping hazardous waste

1992: UN framework Convention on Climate Change; target for industrialized nations to stabilize CO2 emissions at 1990 levels by 2000

1992: Convention on Biological Diversity-176 parties - to protect all kinds of bio diversity, including marine.

The Clean Development Mechanism (CDM) under Kyoto Protocol lets developed countries meet their greenhouse gases reduction targets by investing in developing countries’ clean projects

7

-----------------------------------------------------------------------------------------------------

GOVERNMENT ACCOUNTABILITY

Answerability or responsibility or duty on the part of the elected representatives or government (executive) to citizens.- Unique to democracy because it is for, of, and by the people.

Aspects:Constitutional Accountability- Upholding the supremacy of the constitution as ours is a constitutional republic.International Accountability- Honouring treaties and agreements (sovereign accountability)Financial Accountability- For revenues raised and money spent as it is public money meant to be used for collective public use welfarePolitical Accountability- Accountable to electorate to deliver electoral promises and adhere to priorities and time schedules Legal Accountability- to Parliament –To make and discuss requisite laws, and stand by the law of the land

Accountability is judged in terms of Electoral promises fulfilled Use of public funds Transparency in decision making Promptness and quality of service rendered Protection against arbitrary action Redressal of grievances of citizens Putting in place institutional mechanisms

Accountability is operationalised through the following means / democratic devices/ mechanisms:

(Elaborate the following ) :

Clear division of power between different wings of govt -checks and balances so that no wing can misuse power

8

Parliamentary committees to look into different issues. Quite often these committees have members cutting across party lines in order to work impartially.

Question hour enables elected representative to seek answers .

In some countries, the right to recall non-performing representatives- a right not available in India.

Clarity and transparency of rules and Simplification of procedures so that discretionary powers of officials is minimized. Every one can understand rules and insist that rules be adhered to.

Legislations:

Electoral Laws seeking to clean up the electoral system

RTI Act: (Elaborated separately)

Public Interest Litigation (PIL): any citizen can initiate a PIL even if s/he is not personally affected- if he thinks that some happening/ event/ rule is against/ injurious to public interest.

Rules against corruption (Elaborated in the Xeroxes on remedies to corruption)

Monitoring Agencies

CAG (See separate elaboration)

Central Vigilance Commissioner (CVC)

An alert judiciary

Decentralised Governance:

Constitutional Amendments paving way for local self governance and autonomy- through 73rd Constitutional Amendment Panchayati Raj institutions (or rural local bodies) and 74th Constitutional Amendment for urban local bodies (or municipalities)-(Benefits: Decision-making at grassroots level, tailoring services to local needs, less corruption, quicker response to grievances, opening channels of dialogue between citizens and their representatives at the local level, citizens are better informed about local leaders and their work)

Role of Citizens:

9

Informed, vigilant and involved citizensInvolving Citizens in decision-making: Direct interaction with citizens, e-governance-information on website (Land records in AP, MP, Karnataka; Karnataka tenders etc)

Increasing Vigilance on the part of citizens through the following:

Jan Sunwais or open/ public hearings on use of funds/ accounts and projects

Lok Adalats

ALMs and citizen’s charters

NGOs

Role of Media: (Tehelka, NDTV, Indian Express, CNN-IBN etc)

RIGHT TO INFORMATION (RTI) ACTGives citizens the right to get info on rules, expenditures, muster rolls of public works undertaken by Panchayats, reasons for taking decisions, copies of govt orders, audit reports, agreements etc-Most activities of govt can be monitored by citizens through RTI Act- Citizens can file a request for info on paying a nominal charge and info sought has to be made available within a stipulated time. The official from whom the info is sought is personally held responsible for providing the info. All the states have to appoint information officers and at the national level there is a chief Information Officer.

The movement for RTI was successfully spearheaded by committed individuals like Aruna Roy, who resigned from the IAS to fight againt the opaque Official Secrets Act and started Mazdoor Kisan Shakti Sanghatana in Rajasthan; Anna Hazare an anti-corruption crusader, who built a model village in Ralegan Shiddi in Maharashtra; Dr. Jayaprakash Narayan, another IAS officer from AP who started the organisation Lok Satta

Organisations/ individuals have successfully used RTI:Mazdoor Kisan Shakti Sanghatana (MKSS- led by Aruna Roy) got copies of civil works in RajasthanAGNI got details of how corporators spent money in Mumbai

Significance of Right To Information (RTI) Act for citizens: An empowering tool in the hands of the citizen: Citizens have a right to ask for

and get information and access official records Gives citizens the power of enforcing accountability- State can be held accountable to people

Reducing corruption

10

Promotes transparency Impacting policy decisions Ensuring better governance Can be used by any citizen- At minimal cost Ordinary citizen is entitled to seek info which had hitherto been demanded

only by MPs and MLAs on the floor of the house Empowers citizens to question or correct lapses and wrongs Strengthens grassroots democracy Converts purely electoral democracy into a truly participatory democracy Pins responsibility on the concerned official who has to furnish the info

within stipulated time.

Info which can not be sought under RTI: (Exclusion Clauses)Info the disclosure of which would prejudicially affect sovereignty and integrity of India; security interest of the State; relations with a foreign state; lead to inciting of an offence; info which has been expressly forbidden by a court from being published

Limitations: “Exclusion” clausesPrivate sector out of ambitBureaucracy is still stuck in the old waysFile notings can’t be accessed as of nowIn reality despite promises, many petitioners have been told that their file is “Lost’

Yet an empowering tool in citizens’ hands

Central Information Commissioner: Wajahad Habibullah

WOMEN’S MOVEMENT

History:Pre independence women’s movements focused on SOCIAL ISSUES e-g sati, widow remarriage, age at marriage, women’s education-Largely comprised of male reformers and their vision for the “new” woman. Women participated in freedom movement at Gandhiji’s behest. All-India Women’s Congress was the 1st All-India women’s organization set up during this period and identified itself with mainstream national movement.

Women participated in pre-independence era peasant struggles along with men. 1948-49: Telengana movement paid attention to issues like wife beating

11

In Maharashtra’s Dhule District, SHAHADA, a Bhil landless labourers’ movement, protested against rape by landlords.

After the constitution engraved equality, women’s issues declined in visibility.

1972; Gujarat. SEWA by Ela Bhatt to improve conditions of informal women workers through training, technical aid and collective bargaining- Gandhian, not militant or “Feminist” as it felt “feminism” was too radical

1973: Mrinal Gore of Socialist party and Ahilya Ranganekar of CPI-M formed United Women’s Anti price Rise Front(Rolling pins and metal plates). This eventually became a movement for consumer protection with housewives being involved.

1975; International Year of Women. 1st Status of Indian Women Report in response to International Year of Women. Older associations such a YWCA, All India Women’s Congress (AIWC) National Federation of Women etc were enthused and in turn women’s movement drew from their organizational experience. Middle class women became aware- in the beginning feminists opposed association of its members with party politics. By others,ignored/ denounced as being against Indian tradition.

In response to Committee on the Status of Women Report, GOI adopted a National plan of Action for Women in 1976; National Perspective Plan for Women(1988-2000) drawn in 1988; Report on women in informal sector entitled ’Shram Shakti” in 1987; 1990: Setting up of National Commission for Women.

In the 1990s states starting with the Maharashtra Policy for Women and several political parties have released policies for women. E-g Telugu Desam’s women’s empowerment policy document,

University Grants Commission set up Depts of Women: Academic backing and inputs for women’s Studies- an important segment of women’s movement- Growth of women’s studies runs parallel to the women’s movement.

Important International Developments: Mid-1970’s also saw an increased international concern. International Women’s Decade(1975-85) following the Mexico Conference of 1975;CEDAW; Beijing Conference in 1995 on “Women, Peace and Development” are milestones.

CEDAW(1979): Convention on Elimination of all forms of Discrimination Against Women;” defines discrimination as “any distinction, exclusion or restriction made o the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women ….. of human rights and fundamental freedoms in political, social, civil or any other field” and calls upon state parties to condemn

12

discrimination against women and pas appropriate laws. It also calls for positive discrimination in favour of women to achieve equality; take appropriate measures for political rights equal to men in terms of right to vote, represent and participate in Govt.; prevent stereotyping in books, right to work, social security benefits, prohibit dismissal because of pregnancy or maternity, equal pay for equal work, right to decide n number and spacing of children.

Early 1980s: Series of activities e-g production of literature, audio-visuals, slum improvement, health education

According to the well known feminist scholar Maitreyi Krishnaraj,Today, grassroots mobilization has been replaced by newsletters and journals. It is felt that they should be mass organizations among rural and working classes. There is fragmentation of the movement. Visible broad struggles by women’s movement have been replaced by niche concentration. Most NGOs have become conduits of delivery without independent autonomous mobilization of women.

On the whole, sporadic and issue-oriented with differing ideologies.Initially social reformDominated by urban educatedStress on equality but political rights have not led to social and economic equality All political parties have women’s wings, local bodies have reservation butLegal measures are not enough.Transformation from patriarchal domination to self-determination, societal recognition within and outside the state framework needed.

Issues:One of the 1st national level issues was Mathura rape case. Four lawyers wrote to SC against acquittal of policemen involved in raping Mathura, a young girl in police stn. Barrage of protests forced govt to amend Evidence Act, Criminal Procedure Code and Indian Penal Code by introducing provision against custodial rape.

Sex ratio: In recent years, female infanticide and amniocentesis..1961: 972 per 1000 men; 2001 census; 933 . Situation more worrisome for the 0-6 age group. From 861 per 1000 it has fallen to 820 in 2001. Some of the prosperous states of North India have abysmally low sex ratio: Haryana has sex ratio of 861 among states, Delhi: 813; Chandigarh:763

Sati: Incidents of Sati and Sati worship (Roop Kanwar-1986, Deorala, Rajasthan; Charan Shah, 1999 UP,) led to questioning the link between patriarchy, religion and culture and demand action. Sati Abolition Act in 1829 and a new Act against sati and its glorification again passed in 1987. In 2006 an amendment that people encouraging sati will be booked, not the woman attempting sati …

13

Violence against women: Domestic: Female foeticide (aminocentiosis or sex determination tests and selective abortions), Killing of girl child, Dowry deaths, wife beating, mental and physical abuse and harassment; marital rape, Glorifying Sati Public: Eve-teasing, Acid throwing, custodial and other rape, Banwari Devi (Saatin in Rajasthan who tried to prevent child marriages and got gang-raped in retaliation) caseVerbal and mental abuse are also issues of focus now.

Child Marriage: In Rajasthan Satin Banwari Devi was gang-raped by dominant Gujjars for strongly opposing child marriage. (Abolished by law)

Sexism in media (Issue-based campaigns against women’s representation in media/ films and ads and commodification of women).

Legal initiatives: Campaign for gender-sensitive laws and amendments of existing laws and initiating new ones for gender-just laws with reference to rape, sati, right to matrimonial home, domestic violence including marital rape and dowry murders, sex determination tests.

1986- SC’s attempt to give Shah Bano maintenance was opposed by Muslim fundamentalists and Rajiv Gandhi got the Muslim Women’s Act passed (which curbs Muslim women’s right to ask for maintenance from divorced husbands) despite nationwide protests by women. But by 2001, SC ordered alimony for life.

Uniform Civil Code, Triple talaq (oral divorce), Imrana case Hindu women’s right t equal property Christian women’s right to divorce

Pro-women Health Activism: Coercive population policy and Govt’s attempts to make women the focus of family planning. Against high-tech hormonal contraceptives and injectibles and implants (hazardous to women’s health). In Mumbai, Medico Friends Circle and VHAI closely worked with women’s organizations to campaign against Depo Provera

Issues in recent years;

Negative fallout of globalization on women Cross-border trafficking in women Domestic Violence bill- marital rape Sexual harassment at work place Women in War and Conflict Zones Political representation for Women: Reservation for Women

Political representation for Women: Reservation for Women

14

India is among the first countries to have a woman Prime Minister, but the country has a history of allotting only soft portfolios (such as women & Child welfare) to women ministers. We have never had a woman as External Affairs/ Finance/ Home minister.But the more disturbing feature is that of inadequate /low political representation-Women MPs account for 5.9% of Lok Sabha members -For grassroots level representation, 73rd Constitutional amendment: 33% reservation for women in Panchayati Raj institutions and 74th Constitutional amendment: 33% reservation for women in urban local bodies.81st Amendment Bill drafted 1996 proposing 30% reservation in Lok Sabha and state Assemblies-Opposition from male members- Will benefit Beti-Bibi brigade, want caste-based reservation within the 30% reservation. No consensus after several attempts to introduce Bill. (see elsewhere for additional info on this)

Movements where women have Taken Initiative: Chipko: Women of Garhwal in forefront in saving forests. Anti-Arrack in AP Vandana Shiva : Environmentalism and against GM foods and WTO Medha Patkar: NBA, now also opposing the Tata small car project in Singur ,

West Bengal as it would displace farmers Ela Bhatt of Self Employed Women’s Association (SEWA) organising women

from unorganized sector Aruna Roy: Campaigning for Right to Info from rural Rajasthan

Organisations:

Indian Association for Women’s Studies provides academic inputs. NGOs have become important part of Govt’s “delivery” mechanism for

reproductive healthcare, gender training to govt functionaries and Panchayats.

National Commission for Women- Chairperson since 2005:Dr. Girija Vyas Saheli: NGO against dowry Savdan, NGO to rescue sex workers Manushi magazine(Founder-editor-Madhu Kishwar) was started.1978. Kali for Women: Feminist publication-now split into Zubaan under Urvashi

Butalia and Women Unlimited under Ritu Menon

Street Plays (Om Swaha on dowry(1979) and Mulgi Zali Ho –A girl is born(1980))

LEGAL AMENDMENTS/BILLS PROPOSED by National commission upto 2005-2006:Amendments to:

Criminal Procedure Code, 1973. Indian Penal Code, 1860.

15

Indian Evidence Act, 1872. Dowry Prohibition Act, 1961. Commission of Sati (Prevention) Act, 1987. Hindu Marriage Act, 1955. Child Marriage Restraint Act, 1929. Indecent Representation of Women (Prohibition) Act, 1986. Immoral Traffic (Prevention) Act, 1956 (for elimination of child prostitution and

devising a comprehensive package for rehabilitation). Medial Termination of Pregnancy Act, 1971. Family Courts Act, 1984. Foreign Marriage Act, 1969. Guardians and Wards Act, 1890. Indian Succession Act, 1925. Representation of the People Act, 1951. Bills

The Marriage Bill, 1994. The Domestic Violence to Women (Prevention) bill, 1994. The Orphan & Destitute Children (Adoption) Bill, 1994. The Criminal Laws (Amendment) Bill, 1994 (with reference to child rape). The Criminal Laws (Amendment) Ordinance, 1996. The Prevention of Barbarous and Beastly cruelty against Women Bill, 1995. The Constitution 81st Amendment Bill, 1996.

TRIBAL MOVEMENTS IN INDIA

Tribals scattered all over India, form about 7.% of Indian population. Complex picture- Surajit Sinha of the Centre for the Study of Social Sciences, kolkata in his ‘Tribal Solidarity Movements in India: A review’ distinguishes the following :

Series of tribal rebellions during early days of British rule I 18th and 19th

centuries-e-g Birsa movement ,1895-1900 among the Munda tribe; Santal rebellion , 1857-58.

Series of reform movements emulating the cultural patterns of higher Hindu castes: Bhagat movement among the Oraon, Vaishnavaite movement among Bhumij seeking Rajput recognion through social mobility.

Emergence of inter-tribe political associations and movements for recognition as ‘tribal’ states within the Indian Union in post-independence period: Jharkhandmovement among the tribes of Chotanagpur, Hill states movement among Garo and Khasi tribes in North east

16

Violent secessionist movements among tribes located near international frontiers: Nagaland/Nagalim, Mizo National Front movement, Kukis – geographic isolation,high levels of literacy, led by educated elite, awareness created by Chrisianity, historical consciousness of armed conflict with British administration

Pockets of violent political movements in the tribal belt linked with the general problem of agrarian unrest: Naxalbri91967), Girijan rebellion in Srikakulam, AP, 1968-69, Birsa Dal movement in Ranchi(1968-69)

Scattered isolated tribal pockets asserting their rights a political interest groups as ‘scheduled tribes’: Santhals and Koras of West Bengal

Tribals with extensive linkages with surrounding Hindu population and integrated with the Hindu peasantry that they find it difficult to make common cause with other Adivasis: Bhumij of Purulia and Singhbhum districts of West Bengal who aspire for recognition as Rajputs

Isolated or hitherto isolated tribes who accept their social, cultural, and political independence as a matter of course and are therefore not involved in any self-conscious movement to assert solidarity: certain tribes of Andaman and Nicobar islands

Tribes which are too isolated , have primitive economic base, lack of literacy and literate elite- interested in tribal isolation: Jarawa and Onge of Andaman islands

Issues confronting the tribal movement in India.

Lack of cultural homogeneity: racially heterogeneous, economically weak and politically unorganised

No national level movement or leaders transcending differences/ each place has a different though some similar problems

Political autonomy Challenge to traditional lifestyle and cultural identity Deforestation due to development and urban encroachment (National forest

Policy, 1988 stipulates that 1/3 of country should be under forest cover) Alienation and forcible eviction Loss of livelihood and common property rights(Already economically weak) Denied access to small forest produce Exploitation by non tribals, money lenders and as landless laborers Displacement due to dams (Narmada), wildlife sanctuaries, roads, mines and

other developmental projects: (recent revolt in Kalinganagar in Orissa). Though tribals form 7.85% of Indian population, 40-505 of displaced persons are tribals.

Denial of traditional access to small forest products Swamping and exploitation by non tribals

17

Loss of Common property rights Terrorism and subversion in some places Terrorised by powerful lobbies in other places

Jharkand/ Chhattisgarh sought and got autonomy- Nagaland fight for greater Nagalim innumerable tribes scattered all over. No national level movement or leaders/ Each place a different though similar problems.

ST and Forest Dwellers’ (Recognition of Forest Rights) Bill, 2005 drafted by Ministry of Tribal affairs tries to correct the ‘historical injustice done to tribals by govts, both colonial and post-independence through policies which denied them right to the forest and overexploitation of forests for commercial gains. The Bill recognizes that tribal alienation leads to extremism and that forest officials have declared as illegal a whole range of activities which are important to forest-dependent people and these are sought to be corrected through this legislation

The Bill vests rights of forest lands with the tribals and gives 2.5 ha of forest land to each nuclear family. The size is meant to just sustain the family and not for commercial purpose. .Rights of inheritance are not transferable or alienable so as to prevent transfer away from the tribals. The Bill incorporates the idea that conservation is most effective when people who depend on a particular resource are made partners in managing that resource. (e-g forest land).

PEASANT MOVEMENT IN INDIA

Background of Indian agrarian system:

Highly feudalistic and exploitative-Intermediaries like Zamindars, Deshmukhs and Jagirdars- Congruence of social, political and economic disempowerment-Peasants in India are highly disadvantaged economically, socially and politically.

Broadly represent landless agricultural labour, share croppers, tenants, small and marginal farmers Attached to and depend on land for livelihood, but not allowed to own land.(Economically marginalized)-High rents-Mostly scheduled castes and Tribes, constituting the socially disadvantaged.-Politically disempowered, as political power is traditionally concentrated in the hands of the rich from the dominant castes.

Peasant Rights: Land to the tiller

18

Fight against exploitation by landlords (abolition of intermediaries) Reducing landlord’s share in rent Setting land records right so that lands are not taken away from illiterate

peasants Freedom from bonded labour or ‘begar’(Bonded labour Abolition Act 1976)

(Pre1947: This part is only for background understanding)

Mostly unorganized, sporadic, regional:

1. Hyderabad state under Nizam- against taxation-in districts of Karnool, Anantapur, Bellary

2. Bengal: a) Santhals against Zamindars and Britishi. b) 1870: during depression struggle by tenants

3. Maratha peasants in 1875 against money lenders4. Punjab peasants 1890-1900: revolt against money lenders5. Champaran-under Gandhi’s leadership-revolt against indigo plantation owners I

1917-18- Satyagraha6. Kaira and Bardoloi:1928-29:Gandhi and V. Patel7. Moplah rebellion in Malabar-Muslim agricultural labour against Namboodari

Brahmin landlords-given communal twist by British8. All India . Kisan Sabha formed in 1935-movement organized-joined national

movement)

Post 1947(Need to know from this onwards): A militant phase- communists active in some areas

i. Tebhaga (asking for 2/3 produce to tiller)(West Bengal’s Khanpur district), 1946

ii. Telengana in AP-guerilla action(1946-52) Telengana Rashtra Samiti led Mr.K.Chandrasekhar Rao-now seeking a separate state to fulfill regional aspirations of the population

iii. Naxalbari in Darjeeling , West Bengal (Initial Phase:1967-71).

Guerilla tactics/ Militant- Forceful occupation of land, cutting of standing crop, attacking/ murdering land owners, burning land records, looting of police stations and taking away arms and ammunition, Also sheltering injured activists, maintaining communication channels for underground activists.

Naxal Leaders: Charu Mazumdar, Kanu Sanyal. Naxal Demands: Social justice, class-less society, redistribution of land among landless and cultural revolution. It was initially called people’s democratic movement and many people were executed as they were thought to be “class

19

enemies” Slowly the movement disintegrated and mutual distrust and ideological differences began to crop up.

Has spread from West Bengal to backward and poorer tribal districts of several states including, AP (People’s War Group with backing of CPI-Maoists), Orissa Jharkhand, Chattisgarh Maharashtra. (Reported aim: Naxal corridor across the country with local support .

Now it is active in poor and tribal regions of Gadcharoli and other backward districts of Maharashtra .

iv. Shetkari sanghatana- Sharad Joshi-Cutting across class, caste lines led by rich farmers- revolving round the question of incomes, prices, inputs, free or subsidized electricity/water/fertilizers -rooted in modernization.

v. Bharatiya Kisan Union led by Mahendra Singh Tikait.

The latter 2 movements are more of land owners’ movements and richer farmers have now become a politically important constituency.

________________________________________________________________

TRADE UNION MOVEMENT IN INDIA

TUs are important for industrial relations as they are the agents of the workers, organizing a large no. of them into a single entity whose collective bargaining strength matches that of the employers.(Without them it would be an unequal power relationship between workers and employers) A responsible TU also monitors employer’s compliance with govt rules and regulations, increases productivity and reduces work place indiscipline.

History: Congress- AITUC by Lala Lajpat Rai, 1920; 1929 split- Radical communists inherit-World war gave fillip

Names and parties:

20

All India Trade Union Congress 1920(Communist)Indian National Trade Union Congress (Congress, 1947)Centre For Indian Trade Unions (CITU, 1970, CPI)Bharatiya MAzdoor Sangh (BJP)Bharatiya Kamgar Sena( Shiv Sena)

Industry-wise:All India Bank Employees Association, National federation of Railway Men Employees

Long standing problems: Political interference and affiliation,: agenda determined by parties

without regard to workers’ interest and welfare; because sponsored by political parties leading to fragmentation and rivalry among unions

Multiplicity of Unions due to politicization, predominance of small unions Inter-union rivalry leading to unrest- divide and rule policy of

management- unions working at cross purposes Outsiders as leaders e-g Dr. Datta Sawant, -Some times part-time or

honorary leaders pursuing their own interests, Character of Indian working class: Lack of awareness on the part of

workers; Caste-regional affiliations of workers coming in the way of worker unity; migratory nature of workers; lack of education and no appreciation of the significance of collective bargaining

Inadequate finances because of workers’ poverty and low subscription; because of poverty, not possible to sustain a prolonged strike

Lack of worker participation and vested interest- unions not managed democratically

Intimidation by employers; now lock-outs, closures and dismissals more common than strikes

Contractors in many sectors like plantation, mining and certain industries; Role of Government; Weak implementation of labour laws

Suggestions: Rectify all the above; one central union per industry’ paid office bearers; strike fund; welfare fund;

Post reform; Bargaining strength has weakened following the economic reforms

program At crossroads due to the “Liberal/ flexible Labour laws” being mooted following economic reforms. also contractualisation following economic liberalization policies; more jobs being created in unorganized sector where union activities are not feasible by their insecure nature of jobs; Examples:

Move to close unprofitable industries Forced VRS Conflict following Govt’s insistence on cutting PF rates.

21

Globalization leading to increased competition is goading Indian industry to ask for more flexible labour laws ( Easy Hire and fire),

Contractualisation to increase profit and weaken TUs. Ban on strikes in States like Kerala and WB Action against Union leaders in TN. Case of Honda workers in Gurgaon, Haryana last year Airport modernisation and strikes against Delhi/Mumbai Airports’

modernization and privatisation

The strong presence of the Left in the current coalition is a boost for TU activity. Also in a modernising democracy public opinion and convenience also counts-Need to balance the need of the enterprise to remain competitive with workers’ aspirations.

Challenges faced by Trade Unions in India today. :Globalisation/ liberalization/ competition/ Jobless growth after the introduction

of economic reforms in the 1990s/Clamour for introduction of flexible labour laws giving the right to hire and fire workers in order to improve competitive efficiency/ Contractualisation which throws workers into unstable work situations without guarantee of job security and denies social security benefits to workers/ VRS- in order to cut flab from organizations leading to joblessness/ Ban on strikes in some states like Kerala/ Action against TU leaders in TN/ Gurgaon: Honda incident and police highhandedness/ Cut in EPF rates in order to improve the fiscal health of the government and thereby reducing the size of the workers ‘ retirement kitty/Protest against airport privatization for fear of losing jobs(Govt has said 40% would be absorbed and others would be given other options-Left backed)

Left parties’ pressure on Govt and the CMP (Common Minimum Programme)have kept a watch on issues of concern to workers

Recent trends: More white collar than blue collar. Examples of strikes by Bank employees to demand better pension benefits, Pilots going on strike etc.

Homosexual movement

Wide meaning: LSBT –Though large in number and from all over the world and across professions and educational and social strata and classes, their actual number is unknown. Social stigma- Continue to be discriminated and persecuted. In response, a social movement in several countries.

First movement founded in Germany in 1897 but homosexuals were crushed by Nazis – they used the pink triangle as a cherished symbol.

22

. First homosexual organization in US was founded in Chicago in 1924. In 1950s and 60s, homosexuals got involved in other movements.The contemporary homosexual movement began in Greenwich village in New York city on 28 June 1969 when police raided Stonewall inn, a gay bar. The patrons locked the police inside the bar and rioted and marched through the streets for 3 days and nights. Gay liberation groups appeared in USA, Canada and Europe.Coming out of the closet by 1990s and forming organizations in many nations, Lesbian organizations have also started.The movement has met with resistance and opposition. In mid 1996 US Supreme court guaranteed equal rights. Same sex marriages are still controversial. In 1993, Clinton considered issuing an executive order against gay discrimination. There is a compromise: ‘Don’t ask, don’t tell’ In some places gay prejudice has led to violence. Yet the movement continues to spread and seeks to break stereotypes in over 70 countries. Scandinavian countries and several US states have recognized gay marriages .

Issues; Religious: church terms it against the will of God / Legal / Freedom of choice: (A Brazilian resolution is trying to pose it as a human rights issue)/ Issue of sexual orientation, not one of choice / persecution and isolation in gay communities

In India as elsewhere, social ostracism and persecution/ Sec 377 of Indian Penal Code makes it an unnatural offence punishable with 7 years to life imprisonment, Making it illegal makes AIDS prevention and distribution of condoms to this high risk group by NGOs difficult as the groups remain underground and hence beyond the scope of safe sex interventions- this 1860 law is a vestige of British rule- violates privacy and right to equality of sexual minorities- this section should be applied only to non consensual acts- so there is a review of the section in the offing as of early 2006.

Fighting for legal recognition of homosexual unions as a family Right to adopt Right to inheritance of property and insurance claim in case of death of one

of the partners Repeal of 377

Indian Gay organizations: Hamsafar (Ashok Row Kavi), Naaz Foundation, Bombay Dost

SIGNIFICANCE/ IMPACT OF THE SILENT SPRING

Best seller by Rachel Carson, an American marine biologist. The book dealt with the harmful effects of DDT and other pesticides on environment and also questioned the notion that man was destined to control Nature. Set in motion the American and

23

global environment (DDT was developed in 1939, 1st used in II World war to kill malaria producing insects, available for civilian use from 1945). Carson showed that it entered food chain-cancer causing-The chapter, A Fable for Tomorrow depicts an imaginary town in which there are no flower blooms, birds or children and spring falls silent. In a rejoinder, Monsanto released The Desolate Year where because of non-use of pesticides, vermin have taken control of the world.

Exposed corporate and government indifference to the issue of pesticide poisoning.

Led to banning DDT and PCBs in America. Environmental Protection Agency was established in 1970 and Pesticide

Regulation and Food Safety Inspection was moved to its auspices Endangered species like eagles and peregrine falcons no more face

extinction. Signaled the beginning of the American and global environmental

movement. New way of thinking about earth-to see ourselves as connected to the earth

ENVIRONMENTAL MOVEMENTS IN INDIA

Examples: Areas: Western Ghats, Uttaranchal, Narmada

Issues: (Largely) Over-exploitation of forest and other natural resources, displacement of indigenous populations, loss of livelihood, rehabilitation.

Western Ghats:

Ecologically critical because of great bio-diversity . Hills home to2/3 of India’s bauxite ore, substantial Manganese ore. Plantation crops like coffee, rubber, tea, cardamom, pepper. Dwindling forests because of commercialized plantations and poaching.

In the 50s and 60s protest against Silent Valley project in Kerala.

Konkan Railways:760 km, broad gauge railways in ecologically sensitive region cutting through hills and estuaries of Goa’s rivers. Loss of flora and fauna and landslides. Madhav Gadgil of Centre for Ecological Sciences was appointed to look into the issues.Over 100 small organizations got together in 1987 for the “Save The Western Ghats” march- Now isolated and not unified efforts. Examples:-Ponda, Goa where Kalanand Mani imparts traing in ecologically sound developmental projects:In Maharashtra Kusum Karnik and Anand Kapoor work for the rights of tribals:

24

Shanti and satish Chadran in Kerala are active in imparting environmental educationand awareness specially to children.

Uttarakhand: Chipko

Bhotiya tribe dependent on forest for fuel, fodder, grazing State control over forests; Growth of timber industry; Contractor-Govt nexus Roads built in Chamoli District following 1962 Chinese war were taken advantage

of by conractors. Govt encouraged small scale industry by outsiders, not village industries by

locals. 1970: whole od Belakuchi was wiped out by Alakananda floods -attributed to

deforestation. In Reni village 2500 trees were auctioned to be felled by contractors, then

“Chipko”. Chandi Prasad Bhatt, Gora Devi, Sunderlal Bahuguna Significant: Because of the protests Indira Gandhi banned felling of trees for 15

years; contractors- local officials nexus was broken- women power; tribal (Bhotia) power; other parts of the country also emulated the chipko idea;.

Also protests against Tehri dam in the environmentally fragile Himalayas as that would trigger tremors.- dam now commissioned- Following successful rehabilitation of the dam-displaced, no protests .NBA started as environmental movement but has turned into a human rights movement with the intervention of NGOs and political groups.

SUSTAINABLE DEVELOPMENT

Balance between conservation and exploitation

Need and Benefits of Development:No stopping of Development: because it spells increased per capita incomes, reduction in poverty, improved standard of living, variety and choice in consumption, new employment avenues, availability of newer and more convenient technology.

Disturbing Consequences of Reckless Development::Market forces leading to overexploitation of resources (Private miners, fisheries, timber industry) Energy intensive modes of production and life style Deforestation Technology makes fast and ruthless exploitation easy Traditional judicious use

not in vogue any more Consumerism creating new and unnecessary consumption Deforestation and desertification

25

Over grazing and intensive farming Over irrigation leading to poor soil quality(Green revolution) Pollution ; air, water, land, noise

Need to conserve our precious resources for future generations. So sustainable development at present without jeopardizing the claims of future generations. (Define)Achievable through reasonable levels of consumption, production processes that use of alternative and renewable energy resources, minimize pollution and deforestation

CONCEPT OF POSITIVE DISCRIMINATION (PD) AND ITS IMPLEMENTATION IN INDIA

PD: Suspension of the principle of equality in order to correct for historical injustices- A set of measures adopted in favour of certain disadvantaged sections of society to remedy inequalities and historical discrimination that afflicts them. Groups which enjoy such privileges: Blacks in USA, women in Scandinavia But in no other country is the system of PD as widespread as in India: Article 15 (See the end of this section) of the Constitution prohibits discriminationArt 16 confirms equality of all citizens, but states that the state has right to make special provisions in favour of the disadvantaged. SC(Dalits), ST (Adivasis), OBC(Other backward classes), In recent times the concept has been extended to raise the status of Indian women who are among the socially disadvantaged. 73rd and 74th Constitution Amendments provide reservation for women in local bodies. 3 % reservation in jobs is available for the Physically handicapped, Constitution recognizes 3 categories as ‘backward’: SC: 15%; ST: 7%; an ill-defined OBC category –Each state is free to decide which castes are covered.

Reservation for SC/ST:Caste system in India is rigid and fragmented society. The Dalits were ruthlessly exploited and suffered from untouchability.. Art 17 abolishes untouchability. As it was strongly felt that SCs cant survive in a competitive environment given the historical deprivation, wide range of measures incorporated:

1) reservation in jobs, reserved seats in legislative bodies2) scholarships, loans, grants3) Special steps to protect them from exploitation e-g abolition of

bonded labourIt is felt that systematic preferential treatment will help compensate for historical disadvantages and offset handicaps. This is known as compensatory or positive Discrimination. While few disagree with the notion of PD, there is disagreement about who is deserving of such help and what form it should take. Constitutional provisions: Art 14: Right to equalityArt 15: Prohibition of discrimination

26

Art 15(4): State can legislate on behalf of disadvantaged sectionsArt 16(4): Empowers state to provide for reservation in appointmentsArt 17: Untouchability made unconstitutional (1955: Untouchability Offence Act)

Directive Principles:Art 46: State shall promote the educational and economic interests of weaker

sections of society, in particular SC and STArt 39(A): Justice based on equality of opportunity

Art 330, 332, 334 : Seats in Parliament and assemblyArt 335: Claims of SC-ST in appointment to services and posts in

connection with the affairs of the stateArt 338: Appointment of a special officer (Commissioner for SC and ST)

Why reservation: To compensate for historical injustices Social justice demands that unequal people should not be treated as equal Without reservations many people from the underprivileged communities who

are holding political offices and govt posts would not be where they are. Merit as decided by traditional yardsticks should not be applied to the

traditionally disadvantaged. Democracy requires fair distribution of benefits and opportunities.

Why opposition: Subordinates individual identity while emphasizing on group identity. Creates a

quota system for groups and this is inconsistent in a democracy .

Backwardness defined in terms of caste has perpetuated caste consciousness ;

A few communities have benefited to the exclusion of others; these have become dominant and prosperous and form the creamy layer or elite class. Old inequalities are replaced by new ones.

Vested interests in being classified as backward;

Reservations have created resentment among the higher castes and the number of atrocities against dalits have witnessed an increase due to heightened prejudice and jealousy.

In the area of education, elementary education has been neglected and a handful are enrolled in institutions of higher learning and the drop out rate is high.

In terms of jobs, most SC and ST are concentrated in Class III and IV jobs, while being under-represented in higher level jobs. Thus it amounts to tokenism.

27

Leaves out a large sections of Dalits from its purview (“Under-inclusion”) -A vast majority of Dalits belong the landless or marginal land owning class and live in poverty and indebtedness. They are hardly in a position to take advantage of the reservations in jobs or higher education.

According to some critics, does not reward merit.

RECENT DEVELOPMENTS:

MANDAL COMMISSION:

(Implementation of the Mandal Commission recommendations saw the PD benefits being formally extended to the other backward castes (OBCs))

Mandal Commission chaired by Parliamentarian B.P Mandal was set up by Morarji Desai in 1978 to consider affirmative action policies for backward classes to redress caste discrimination. This was the Second Backward Classes Commission, the first being the Kaka Kalelkar Commission which submitted its report in 1955 but failed to make an impact.

The commission based its findings on the 1932 Census, the last time census was taken on the lines of caste. It used 11 indicators –social, educational and economic- to determine backwardness and estimated that 52% of total Indian population (excluding SC and ST) was backward. These belong to 3743 different castes.

The report submitted in December 1980 called for 27% reservation in all services and PSUs under central govt and 27% of all admissions (over and above the 22.5% quota for SC and ST). This was in keeping with the 1963 Supreme Court ruling that total reservations should not exceed 50%.

Mandal report was shelved for 9 years until V.P. Singh announced in August 1990 that he would implement it. Protests and self immolations followed and a writ petition was filed in the Supreme Court against its implementation. The court in its judgment in the Indira sawhney vs Union of India upheld the 27% quota for OBCs, subject to the exclusion of socially advanced persons / sections among OBCs and directed the govt to evolve criteria for identifying the creamy layer.

According to the Govt appointed committee, children of persons holding constitutional posts, Class-I officers and defence officers of colonel and above ranks. Also of persons with annual income above 2.5 lakhs had to be excluded from the purview of reservation. The suggestions were accepted and OBC quota came into force in Sep, 1993.

28

RESEVATIONS IN HIGHER EDUCATIONAL INSTITUTIONS IS REFERRED TO AS MANDAL II. On Dec 21, 2005, the Lok Sabha passed the 104th Constitutional amendment Act 2005, to allow for reservation for SC, ST as well as OBCs in private unaided educational institutions other than minority institutions.

In April 2006, Arjun Singh is proposed to introduce 27% quota for OBCs in central govt-funded higher educational institutions like IITs and IIMs . From this academic year, OBC quota in central govt-funded higher educational institutions like IITs and IIMs is to take effect.

Accoding to Chandra Bhan Prasad, an ideologue on dalit issues, reservations should go to MBCs (Most Backward Castes) and not OBCs. According to him, there was a dissent note by L.R. Naik to the Mandal Report to this effect. According to Naik, OBCs consist of 2 large social blocks- Land owning OBCs whom he describes as Intermediate backward castes or upper OBCs and the MBCs.

The former (Upper OBCs) comprise of yadavas, Kurmis. Jats, Lingayats among others; these upper OBCs were the traditional peasant castes which have turned into land owning class. They are dominant castes in their villages and control wealth and institutions in the country side, according to Bhan Prasad. They are political force to reckon with.

The second group consists of depressed backward classes or Most Backward classes (MBCs) who remain marginalized. Naik feared that the first group would corner the OBC quota. Nitish Kumar, Laloo Prasad, Mulayam belong to the first lot. But MBCs are depressed and have suffered loss of livelihood because of changing technology and modenisation. E-g potters, oil pressers, Noniyas the traditional earth movers. Their trades have been replaced by machines and they have become landless agricultural lalbourers. Spread all over India these small caste groups are not an electoral force, have no leadership nor any lobby in the intellectual or political sphere and these are the ones who badly need reservation. Naik’s dissent note to this effect was ignored by V.P. Singh because he had an eye on electoral gains and was keen to please the powerful upper OBCs.

Unlike some other societies India is a multi-layered society, where a sizeable number lives in poverty and it is difficult to draw a line for Affirmative Action at the SCs or OBCs. PD has resulted in widespread resentment among groups that have been left out and there is also a clamour for being included among the positively discriminated category. One of the most notable movements against PD was in Gujarat in 1980s and against the Mandal Commission in the 1990s. Thus the system poses as many problems as it solves. Nevertheless it is rooted I social justice.(Rawls: Equals should not be treated unequally and unequals should not be treated equally) The PD system has become a battleground for power struggle. Caste has become politicized and the system of PD which was meant to be self-liquidating has become

29

ossified into an inevitable and permanent arrangement. Originally meant for 10 years, the reservations have been extended time and again by the parliament and to newer categories.

Further Recent debates: Extension to Private Sector:

Currently sought to be extended to private sector- Meira Kumar suggested amending constitution if there is no voluntary compliance on the part of the private sector.

Reasons: Public sector is dwindling and pSU jobs shrinking with the economic reforms and privatization of the 1990s and so dalits have lost job protection; rmedy for market discrimination; there are no Dalit entrepreneurs and we need to create a class of such entrepreneurs; corporates receive benefits in terms of infrastructure, subsidies and tax concessions from the Government and so they have the obligation; in a poor society corporates can’t think of only their own profits but have a larger social responsibility.

Arguments against: According to industry, in the era of global competition, Indian companies will suffer vis-à-vis foreign MNC competitors if they are forced to use any criteria other than merit and efficiency while recruiting; the job of private enterprise is to build industry which can compete on global basis and make profits; have already been employing Dalits who are qualified and there has been no discrimination; govt’s emphasis should be on equipping Dalits to compete on equal footing through better education starting from prlmary leval; people see it as a vote-catching gimmick; some suggest via media that enterprises which have taken affirmative action should be rewarded instead of every one being forced.

(Ram Vilas Paswan has demanded reservation for Muslims)

GROWTH OF COMMUNALISM

Denotes antithesis of a secular ideology- It is a form of ethno-centricism.-“we vs they” feeling –a notion that society is divided into religious communities whose interests differ- Stressing religious identity of individuals and groups to the exclusion of all other identities.Nature: Its varied expressions, range from stereotypes and suspicions to manifest hostility and violence. PreplannedTargeting of people and places

30

Leads to loss of life and propertyBreakdown of social institutions

A) Historical background-a) pre 1947:

British divide and rule policy, playing one religious community against another

Indian National Congress from a secular party, at the turn of the Century came to be dominated by an extremist faction who freely used Hindu symbols- This alienated Muslims- Muslim League formed in 1906- Gulf widened and politics of religion ushered in- Separate electoratesVir savarkar’s ‘Hindutva’ publicationHindu Mahasabha, RSSFrequent riotsb) Post 1947:

Independent India chose secularism but partition unleashed fears among religious minorities, especially Muslims

Khalistan(1973, Akali dal under Master Tara Singh demanded autonomous status for Punjab. By 1980s Jarnail Singh Bhindranwala took up leadership and matters escalated.Hindu-Sikh riots throughout Punjab. Hindu families fled Punjab in large numbers. Arms buid-up in Golden temple in Amritsar, Operation Bluestar to flush out Sikh militants fron the temple- Violent retaliation by Sikns- Indira Gandhi’s assassination-Hindus massacred Sikhs in Delhi following the assassination of PM RamJanmabhoomi-Babri Masjid- competiting claims and counter claims- Riots after Advani’s Rath yatra which spread from Rajasthan, Gujarat, MP, Up and Bihar-Babri demolition in Dec 1992- Jan 1993 Mumbai riots- Arson, looting, murder.Godhra and Gujarat riots, 2002 following Ram Sevaks being set on fire in Sabarmati Express at Godhra-Riots in retaliation- Organised mobs systematically targeting Muslims-murder,rape, burning and arson in all major cities of Gujarat. PARTISAN ROLE OF STATE- INACTION, TACIT SUPPORT for systematic targeting of Muslims and failure to protect minorities-Handling of the Best Bakery case which the SC ordered to be shifted to Maharashtra- Human Rights violationAkshardam:Sep ’02 Gujarat was on the verge of communal riots following terrorist attack in akshardam temple killing 44 people. This time quick administrative action prevented riots

B) Underlying factors:

Religious fundamentalism: Hindu and Muslim fundamentalists have deliberately chosen to focus on issues that will divide, knowingly inciting crowds to violent action Socio economic differentiation became religious discrimination

31

Tension resulted in communal violence Socio economic Factors:Inequality leading to identification on religious lines-e-g Ahmedabad riots of 1969 - rioting and destroying economic assets of rival groupsOpening of new market in Arab countries meant prosperity for Muslims leading to insidious comparisonsUnder-representation of Muslims in Govt and public lifeMuslims educationally backwardPOLITICAL:Using ceremonies and festivals to further political interests-Religious symbolism a rallying point: Using religious symbols and myths for political ends- communal organizations propagating communal ideology and hatredChoice of candidates on religious linesPoliticisation of religion:Growth of communal groups and provoking open hostility- choice of slogans and stereotypes to incite masses- politicization of crime and criminalization of politics-e-g Shiv Sena Short term view taken by leaders for immediate political gains e-g Bhindranwala and Indira Gandhi and sikh riots, Hindus in Kashmir, Bangladeshi migrants as economic competitors and fear of being swamped e-g in Assam, Electoral inducements and block voting and misuse of religion by political parties

Paul Brass points out that most riots are NOT spontaneous occurrences but are pre-medidated and calculated especially during elections “Staged conflicts” organized by local politicians for electoral gains

Psychological: Prejudice and formation of stereotypes, leading to widening social distances ‘We vs They” In- group out- group

Role of Media- Distortion and propaganda, stereo typing

Breakdown of social institutions

Failure of state machinery and Partisan role of Police- prejudice, communalization, negligence and complicity- Deliberate overlooking- manifest bias in arresting trouble makers-e-g Mumbai riots, Delhi’s anti Sikh riotsPartisan and weak kneed reaction of govt- Enquiry Reports but criminals get away e-g Sri Krishna Report, Delhi riots

C) Measures to Prevent / tackle:(Write antidotes from the above such as:Text book to be freed from biases/ Avoiding religious symbols in public places etc and end with Electoral code: not to seek votes in the name of religion and the new bill described below)

32

Communal violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005.UPA govt introduced the Communal violence (Prevention, Control And rehabilitation of Victims) Bill, 2005. Aim: “To empower the state govts and the central government to take measures to provide for the prevention and control of communal violence which threatens the secular fabric, unity, integrity and internal security of the nation and rehabilitation of victim of such violence” . Immediate context of the Bill: Gujarat massacre, 2002, Delhi, 1984, Mumbai, 1992-93, where democratically elected state administrations were deliberately partisan.

Provisions of the Bill:Allows requisitioning of armed forces to control riots; preventing assembly, procession, loudspeakers; confiscating arms and ammunition;( Many of these provisions already exist in statute books, but have been reiterated) An important provision is punishment with imprisonment up to 1 year or fine or both for any public official who fail to perform their duties It makes an attempt to protect the rights of survivors of communal violence to rescue, relief and rehabilitation- provides for committees of govt officials and nominees to be established to plan and oversee these (Narendra Modi had refused to set up relief camps)

SECULARISM:

Separation of religion from the State. Implies that state should not favour the followers of any particular religion or discriminate against any followers of any particular religion Secularism does not mean negation of religion; does not mean banning of religion from social or public life.Secularism means not merely tolerating other religions but showing equal respect to all religions and their followers. (“Sarva dharma samabhava”)which allows all Indian citizens to follow or not follow a religion of their choice.42nd Amendment to Constitution inserted the word ”Secular” in the preamble to the Constitution in 1976. It is thus part of the basic structure of our constitution.Constitution promotes secularism in the following ways: State to observe neutrality and impartiality towards all religions. There shall be no state religion in India. No religious instruction will be provided in any educational institution wholly maintained out of state funds. Every person is guaranteed freedom of conscience and freedom to profess, practice and propagate his/ her own religion, subject to restrictions imposed by the state in the interest of public order, morality and health. State hall not discriminate against any citizen in any matter, particularly in the matter of employment on the ground of religion

CRIMINALIZATION OF POLITICS

33

ENTRY OF CRIMINALS OR ANTI SOCIAL elements into representative bodies through the electoral process.Commission of criminal offences while holding public office Since 1967 elections- Challenge to political system.

Initially help was being taken by politicians from criminals for mutual benefit (proxy voting, booth capturing, politics of coercion, Now brazen. Entering politics offers protection. Winning by big margins and turning politicians. Kidnapping and murdering candidates, horse trading -Some fighting elections from inside jails.- Gun running, gambling and extortion from inside jails.- Cuts across party lines.

Causes:Money and muscle power in elections Expensive election campaigns, Inadequate legal systemWeak police forceLocal mafia seen as protector

DP Yadav, Pappu Yadav, Shibu Soren, Arun Gawli, Raja Bhaiyya, Phoolan DeviRelatives of politicians getting away with crime: e-g Jessica Lal case Suggested electoral code of banning not taken seriously-Political parties interpreting this to cover only those who have been actually convicted.

Remedies:CEC for banParties should not look at winnability but integrity and background of candidatesPublic funding of electionsVohra Committee indiction not heeded.Transparent systemSpeedy and exemplary punishmentInculcating values.

THE BHOPAL GAS TRAGEDY AS A CASE OF CORPORATE NEGLIGENCE

Gas: Methyl isocynate: Highly poisonous stored in excess quantity and in unsuitable conditions- because of cost-cutting efforts air conditioning was not working at the time of accident-Initially officials of Union carbide even refuse to acknowledge that the gas leak was from their plant.The gas killed more than 7000 people and injured many more . In the last 21 years atleast another 15000 have died and many more suffer from chronic diseases caused by exposure to the gas.Indian govt put forth following areas of negligence:

34

Defective design, Defective engineering, Defective training and oversight.

Case of negligence on the following accounts: Safety norms flouted: Locating hazardous material in highly populated

area, Stocking excess amount of toxic material, withdrawing safety measures to cut costs including closing refrigeration plant when it required storing gas at 15 C temp

Not training people Defective design/engineering/training/ oversight Refusal to own responsibility: Shifting blame on to Indian govt for giving

permission, failure to vacate, take emergency medical measures, providing inconsistent claim figures

Callousness: Setting up factory in heavily populated area, hiding the toxic nature of product and suppressing info about uncomfortable findings of 1982 safety inspection team; not responding in time

Double standards: Computerised warning, training local residents, continuous safety checks in Virginia plant, none here

Resort to legal hair splitting Dow accepted assets not liabilities Haggling over compensation to victims 20 years after the tragedy, the place ha not yet been cleaned up, drinking

water sources remain contaminated and the place remains contaminated.

35