NEWS FLASH: Pakistan offers visa on arrival to Indians
K.J.M. Varma
THE TRIBUNE
Islamabad, Pakistan
-------------------

Comment: People of South Asian countries have organized two Visa free
and Peaceful South Asia conventions in the past twoo years (2005-
2006) in India and Pakistan and the efforts have definitely not gone
in vain. Compliments to Government of Pakistan to offer Visa-on-
Arrival and relaxing the formalities. Is Government of India
listening?
-------------


SEPTEMBER 27: In a major policy shift, Pakistan has said visas will
be given to Indians on arrival and citizens of 23 other countries.

The visa on arrival (VOA) scheme was announced by Pakistan's Minister
for Tourism Nilofar Bakhtiar after receiving Pakistani passengers
from New Delhi at Wagha Border today.

Ms Bhakhtiar said the scheme, which was recently approved, would be
implemented in two months, she was quoted by state-run APP news
agency from Lahore. The scheme was aimed at making Pakistan a tourist-
friendly destination, she said.

She said the VOA period had also been extended from five to 15 days
while visit visa would now be of one-month duration instead of 15
days.

A group of at least five persons sent by approved tour operator of
the respective country would have the right to get VOA, she said
responding to another query.

"Today is the World Tourism Day and I am receiving passengers at
Wagha to convey a massage to our neighbouring country that Pakistan
always adheres to friendship, fraternity, and peace," she said.

The people-to-people contact between Pakistan and India would
guarantee improved bilateral relations, the minister added. — PTI

--------------------------------------------------
Sent by: Ramneek Mohan, ramneek.mohan@...

UPDATE: Mass protests mark Jal-Adhikar-Yatra in Mathura-Agra
--------------------

.... E X C E R P T S ..............
AFTER PROTESTS BY THE FARMERS, COCA-COLA IS BUILDING A UNDERGROUND PIPE IN THE
GUISE OF BUILDING A PUBLIC-ROAD FOR THE VILLAGE TO A CANAL 3 KM AWAY WHERE IT
PLANS TO RELEASE THE EFFLUENTS
...................................

The Jal Adhikar Yatra targetted the Coca-Cola plant in Hathras and Pepsi plant
near Mathura as they continue their yatra to Kaladera and Delhi. Both Coca-Cola
and Pepsi plants responded by calling the police on the protestors. The farmers
in Hathras recounted problems of having a giant Cola industry in their midst
which has happened everywhere where the soft drink manufacturer exists. 50-60
farmers took the yatra activists to the fields which have been polluted by the
effluents released from the plant.

After protests by the farmers, Coca-Cola is building a underground pipe in the
guise of building a public road for the village to a canal 3km away where it
plans to release the effluents. The farmers have opposed the construction of the
pipe and the canal. The farmers also alleged of Coca-Cola's exploitation of
ground water in the region and corruption of the local panchayat leader. In
support of the jal adhikar yatra and the farmers, a rally was taken to the
district magistrate office and demands were placed for action against Coca-Cola.

   Previous day, the activists visited Aligarh Muslim University. Film on
Mehndiganj was shown and a discussion was organized among the students by the
student union led by its president Abdul Hafiz Gandhi. A press conferece was
also arranged in Aligarh.

   The yatra team visited Mathura on Setember 27th and 28th where a rally was
taken by the local group Construction Struggle Committee and yatra activists.
The activists also conducted a protest against the nearby Pepsi plant. The plant
responded by calling the police. After listening to the activists, the police
allowed the protest in front of the Pepsi gate. The protest was led by Nandlal
Master, Construction Struggle Committe and Magsaysay Awardee 2002 who is also a
senior social activist- Dr Sandeep Pandey.
------------

D E S T I N A T I O N --- D E L H I:
please participate in Jal Adhikar Yatra
====================================

March to Right to Water
----------------------

September 10, 2006 (Varanasi) to October (3-5), 2006 (Delhi)
---------------

Thousands of people ill-affected by water privatisation and deprived
of having access to natural resources like ground water, are marching
to Delhi. The march has got tremendous and unprecedented support from
common people, as it progressed ahead through the UP heartland. Now
it is all set to enter Rajasthan state and then finally march towards
Delhi.

Please participate and stand alongside in solidarity, when the march
reaches New Delhi. For programme details, please call:

Rajendra Ravi, 9868200316, Faisal, 9313106745, Shreeprakesh,
9818030423, Rajeshwar, 9871602612, bobby ramakant 9312025708
------------------

NEW DELHI PRESS CONFERENCE:
.....................
September 30, 2006 SATURDAY

Gandhi Peace Foundation, Deen Dayal Upadhyay Marg, New Delhi

Speakers: VANDANA SHIVA and NAPM Leader, Magsaysay Awardee and senior social
activist Dr SANDEEP PANDEY

Time: 4pm
FOR DETAILS, please contact: bobby at 93120 25708
------------------

Yatra Schedule and local contacts:
===================================

10th September, 2006: From Mehndiganj, Varanasi:
.
.
.
29th September, 2006, afternoon, AGRA, Dr. Manorma Sharma,
9412259491, Rajeshwar, 9871602612

30th September, 2006, afternoon, BHARATPUR, Sawai Singh, 9413200044

1st October, 2006, afternoon, KALA DERA, Rameshwar Kudi, 9414049053,
Mukuj Yogi, 9829936140

2nd October, 2006, afternoon, JAIPUR, Sawai Singh, 9413200044

D E L H I
3rd – 5th October, DELHI, Rajendra Ravi, 9868200316, Faisal,
9313106745, Shreeprakesh, 9818030423, Rajeshwar, 9871602612, bobby
ramakant 93120 25708

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

PRESS CONFERENCE: Sept 30: Gandhi Peace Foundation, New Delhi
---------------

March for Right to Water (Jal Adhikar Yatra) is reaching New Delhi
after progressing ahead since September 10, 2006, through UP and
Rajasthan states on October 3-5. Magsaysay Awardee 2002 and senior
social activist Dr Sandeep Pandey shall address a curtain-raiser
press conference to brief Delhi media about the March:

VENUE: Gandhi Peace Foundation, 221-223, Deen Dayal Upadhyay Marg,
New Delhi-2, Ph: 93120 25708 (Bobby Ramakant)

TIME: 4-5 pm

DATE: Saturday September 30, 2006

Thousands of people who have been directly impacted by water
privatization have been supporting a Jal Adhikar Yatra which started
off from Varanasi on September 10, 2006. This march has progressed
very well with huge support from common people affected by water
privatization. This shall reach Delhi and a massive demonstration
shall be staged at Jantar Mantar.

Please send your correspondent to cover this event.

Thanks,

Bobby Ramakant
93120 25708
for
National Alliance of People's Movements (NAPM)
----------------

DESTINATION DELHI: please participate in Jal Adhikar Yatra
----------------------
March to Right to Water
----------------------

September 10, 2006 (Varanasi) to October (3-5), 2006 (Delhi)
---------------

Thousands of people ill-affected by water privatisation and deprived
of having access to natural resources like ground water, are marching
to Delhi. The march has got tremendous and unprecedented support from
common people, as it progressed ahead through the UP heartland. Now
it is all set to enter Rajasthan state and then finally march towards
Delhi.

Please participate and stand alongside in solidarity, when the march
reaches New Delhi. For programme details, please call:

Rajendra Ravi, 9868200316, Faisal, 9313106745, Shreeprakesh,
9818030423, Rajeshwar, 9871602612, bobby ramakant 9312025708
------------------

NEW DELHI PRESS CONFERENCE:
.....................
September 30, 2006 SATURDAY
Gandhi Peace Foundation
Speaker: NAPM Leader, Magsaysay Awardee and senior social activist Dr
Sandeep Pandey
Time: 4pm
FOR DETAILS, please contact: bobby at 93120 25708
------------------

Yatra Schedule and local contacts:
===================================

10th September, 2006: From Mehndiganj, Varanasi:
.
.
.
29th September, 2006, afternoon, AGRA, Dr. Manorma Sharma,
9412259491, Rajeshwar, 9871602612

30th September, 2006, afternoon, BHARATPUR, Sawai Singh, 9413200044

1st October, 2006, afternoon, KALA DERA, Rameshwar Kudi, 9414049053,
Mukuj Yogi, 9829936140

2nd October, 2006, afternoon, JAIPUR, Sawai Singh, 9413200044

D E L H I
3rd – 5th October, DELHI, Rajendra Ravi, 9868200316, Faisal,
9313106745, Shreeprakesh, 9818030423, Rajeshwar, 9871602612, bobby
ramakant 93120 25708

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

FRIDAY SPOTLIGHT: A righteous struggle: 100 Years Of The Satyagraha
Mohit Chakrabarti
The Statesman
September 29, 2006
--------------

...HE WAS ABLE TO FOCUS OUR ATTENTION ON THE THREE ESSENTIAL
COMPONENTS OF HUMAN DEVELOPMENT - TRUTH, NON-VIOLENCE AND TOLERANCE.
CLOSELY LINKED ARE LOVE, AUSTERITY AND SARVODAYA OR UNIVERSAL DAWN...


Mahatma Gandhi made a pioneering contribution to the advancement and
excellence of man through his thoughts and experiments in satyagraha.
He was able to focus our attention on the three essential components
of human development ~ truth, non-violence and tolerance. Closely
linked are love, austerity and sarvodaya or universal dawn. He
emphasised the theory and practice of satyagraha because of its
potential. This was acknowledged even by Tolstoy who described
satyagraha as a pointer to the spiritual development of man.

How did Gandhi glorify satyagraha? What prompted him to regard it as
the strongest force that enables self-surrender? The answer to these
and similar other questions is best given by quoting the Mahatma: "It
comes up to oneself, one has not to go out in search of it. That is a
virtue inherent in the principle itself. "

No secrets

A dharmayuddha in which there are no secrets to be guarded, no scope
for cunning and no place for untruth, comes unsought; and a man of
religion is ever-ready for it. A struggle which has to be previously
planned is not a righteous struggle. In a righteous struggle God
Himself campaigns and conducts battles. A dharmayuddha can be waged
only in the name of God, and it is only when the satyagrahi feels
quite helpless, apparently on his last legs and finds utter darkness
all around him, that God comes to the rescue. God helps when one
feels oneself humbler than the very dust under one's feet.

Bearing in mind that Gandhi has never yielded to untruth, hatred and
violence, the essence of satyagraha is inner involvement of the mind
and the heart. Through this involvement, the undesirable evil forces
of the external world will submit sooner or later to the ultimate
victory of man. While criticising the practice of dharna, which he
describes as barbarity because "it is a crude way of using coercion",
he had, for the first time in the history of the human struggle for
non-violence, introduced satyagraha as a unique strategy for non-
cooperation. It negates coercion and sticks to tolerance and truth
under trying and challenging circumstances. Defeat in non-cooperation
through satyagraha is improbable. Gandhi categorically asserts: "Non-
cooperation, if it fails, will fail only through internal weakness.


THERE IS NO SUCH THING AS DEFEAT IN NON-COOPERATION. IT NEVER FAILS.

There is no such thing as defeat in non-cooperation. It never fails.
If we want to cultivate a true spirit of democracy, we cannot afford
to be intolerant. Intolerance betrays want of faith in one's cause."
What Gandhi's satyagraha teaches us is not to be afraid of violence
but to be valiant even in embracing death for the cause of altruism ~
sarve sukhinoh bhavantu (let everyone be happy).

Tracing the history of the practical application of satyagraha,
Gandhi considers it a strong, positive and meaningful movement where
the true identity of man is best revealed in all forms of
selflessness and spontaneity. The five stages of satyagraha, as he
explained in Young India on 9 March 1921, are a pointer to the
apposite identity of man right now and for many more years to
come: "Every good movement passes through five stages ~ indifference,
ridicule, abuse, repression, and respect. We had indifference for a
few months. Then the Viceroy graciously laughed at it. Abuse,
including misrepresentation, has been the order of the day. The
provincial governors and the anti-non-cooperation press have heaped
as much abuse upon the movement as they have been able to. Now comes
repression, at present yet in its fairly mild form. Every movement
that survives repression, mild or severe, invariably commands respect
which is another name for success. This repression, if we are true,
may be treated as a sure sign of the approaching victory. But, if we
are true, we shall neither be cowed down nor angrily retaliate and be
violent. Violence is suicide. Let us recognise that power dies hard,
and that it is but natural for the government to make a final effort
for life even though it be through repression. Complete self-
restraint at the critical moment is the speediest way to success."
What are the basic assumptions of satyagraha as the true identity of
man? Gandhi has a very specific, simple and distinct answer. On 22
October 1938, in Harijan, he spelt out the four basic assumptions of
satyagraha as the appropriate identity of man:

1. "There must be common honesty among satyagrahis.

2. They must render heart discipline to their commander. There should
be no mental reservation.

3. They must be prepared to lose all, not merely their personal
liberty, not merely their possessions, land, cash, etc but also the
liberty and possessions of their families, and they must be ready
cheerfully to face bullets, bayonets, or even slow death by torture.

4. They must not be violent in thought, word or deed towards the
enemy or among themselves." It is interesting to note in this
connection that the spirit of satyagraha still holds the same
assumptions for the elimination of violence.

Gandhi provided an altogether new approach to the cultivation of the
spirit of democracy. He referred to satyagraha as an invaluable acid
test of democracy. It is an aesthetic and altruistic exercise through
which each little `I' is adroitly turned into the greater `We'. "A
born democrat," in the words of Gandhi, "is a born disciplinarian.
Democracy comes naturally to him who is habituated normally to yield
willing obedience to all laws, human or divine. I claim to be a
democrat both by instinct and training. Let those who are ambitious
to serve democracy qualify themselves by satisfying first this acid
test of democracy. Moreover, a democrat must be utterly selfless. He
must think or dream not in terms of self or party but only of
democracy. Only then does he acquire the right of civil disobedience.
I do not believe that a healthy and honest difference of opinion will
injure our cause. But opportunism, camouflage or patched up
compromises certainly will. If you must dissent, you should take care
that your opinions voice your innermost convictions and are not
intended merely as a convenient party cry." (Harijan, 27 May 1939).

School curriculum

The principles of satyagraha must form part of the school curriculum.
Gandhi had carried out his experiments at the Tolstoy Farm and at the
Phoenix School. I quote: "It should come, not after the ordinary
education in letters of children, but it should precede it. It will
not be denied that a child, before he begins to write the alphabet
and gain worldly knowledge, should know what the soul is, what powers
are latent in the soul".
On the auspicious occasion of the hundred years of satyagraha, let us
sincerely recall the seven Withouts, as Gandhi reminds us. These are:
politics without principles; pleasure without conscience; knowledge
without character; commerce without morality; science without
humanity; worship without sacrifice and wealth without work.
When does such a Mahatma step on earth again for the cultivation and
restoration of the marvels of man?


(The author is former Professor, Department of Education, Visva-
Bharati University)

DESTINATION DELHI: please participate in Jal Adhikar Yatra
----------------------
March to Right to Water
----------------------

September 10, 2006 (Varanasi) to October (3-5), 2006 (Delhi)
---------------

Thousands of people ill-affected by water privatisation and deprived
of having access to natural resources like ground water, are marching
to Delhi. The march has got tremendous and unprecedented support from
common people, as it progressed ahead through the UP heartland. Now
it is all set to enter Rajasthan state and then finally march towards
Delhi.

Please participate and stand alongside in solidarity, when the march
reaches New Delhi. For programme details, please call:

Rajendra Ravi, 9868200316, Faisal, 9313106745, Shreeprakesh,
9818030423, Rajeshwar, 9871602612, bobby ramakant 9312025708
------------------

NEW DELHI PRESS CONFERENCE:
.....................
September 30, 2006 SATURDAY
Gandhi Peace Foundation
Speaker: NAPM Leader, Magsaysay Awardee and senior social activist Dr
Sandeep Pandey
Time: 4pm
FOR DETAILS, please contact: bobby at 93120 25708
------------------

Yatra Schedule and local contacts:
===================================

10th September, 2006: From Mehndiganj, Varanasi:
.
.
.
29th September, 2006, afternoon, AGRA, Dr. Manorma Sharma,
9412259491, Rajeshwar, 9871602612

30th September, 2006, afternoon, BHARATPUR, Sawai Singh, 9413200044

1st October, 2006, afternoon, KALA DERA, Rameshwar Kudi, 9414049053,
Mukuj Yogi, 9829936140

2nd October, 2006, afternoon, JAIPUR, Sawai Singh, 9413200044

D E L H I
3rd – 5th October, DELHI, Rajendra Ravi, 9868200316, Faisal,
9313106745, Shreeprakesh, 9818030423, Rajeshwar, 9871602612, bobby
ramakant 93120 25708

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

Water is a fundamental human right
Bobby Ramakant
-----------

This article has been published in The Statesman (India), The Daily
Star (Bangladesh), The Seoul Times (Republic of Korea), The Morocco
Times (Morocco) and The Kathmandu Post (Nepal).
-----------


When "Jal Adhikar Yatra" (March for Right to Water, Varanasi to
Delhi, September 10 - October 5, 2006) began, I was overwhelmed with
information on Right to Water, a right, I had taken granted for, by
the virtue of my birth and upbringing. But not everyone in India is
so fortunate. Thousands of villagers who have been deprived of having
access to their own water resources because big industries have
siphoned away huge quantities of ground water, were marching their
way to Delhi for a Jal Satyagrah movement.

At the beginning of this 21st century, the World Health Organization
estimated that of the world's 6 billion people, at least 1.1 billion
people, lack access to safe drinking-water and 2.4 billion people
were living without access to sanitation systems. An estimated 14 to
30 thousand people, mostly young and elderly, die everyday from
avoidable water-related diseases (e.g. diarrhoeal diseases). The
lives of these people who are among the poorest on our planet are
often devastated by this deprivation, which impedes the enjoyment of
health and other human rights. Water is a limited natural resource
and fundamental for life and health.

"The human right to water entitles everyone to sufficient, safe,
acceptable, physically accessible and affordable water for personal
and domestic uses. An adequate amount of safe water is necessary to
prevent death from dehydration, reduce the risk of water-related
disease and provide for consumption, cooking, personal and domestic
hygienic requirements" is what United Nations' Human Rights statement
reads on Right to Water (adapted on November 26, 2002). All member
countries including India, is supposed to respect, protect and fulfil
this human right to water of its citizens.

"Access to safe water is a fundamental Human need and therefore a
basic human right" said UN Secretary General Kofi Annan. "In this new
century, water, its sanitation, and its equitable distribution, pose
great social challenges for our world. We need to safeguard the
global supply of healthy water and to ensure that everyone has access
to it." further said Kofi Annan.

Moreover numerous fundamental human rights can not be fully realized
without water. For example, without water, no life can be sustained,
and therefore Right to Life can never be respected, protected or
fulfilled unless we stop ignoring right to water. Similarly water
being essential for farming and cooking, right to food can't be
enjoyed unless we recognize the right to water. Almost 70% of all
mobilised freshwater is used for agriculture and it is estimated that
more than one third of global food production is based on irrigation.

Similarly Right to self-determination also includes the right of all
people to manage their own resources and is thus connected to a right
to water. Right to adequate standard of living, also cannot be
realized without a secure access to water. Right to housing too, is
defined as the right to adequate housing which should have
sustainable access to natural and common resources, safe drinking
water, sanitation and washing facilities. Likewise Right to education
is compromised because lack of proper supply of water forces children
to walk long distances, often several times a day - thus missing
school - to provide their families with water. Right to take part in
cultural life also can't be fulfilled unless right to water is duly
respected and protected. The destruction, expropriation or pollution
of water-related cultural sites represents a failure to take adequate
steps to safeguard the cultural identity of various ethnic groups.

So, the right to water is indispensable for leading a life in human
dignity.

The right to water is implicitly recognized by several international
legal documents. However, it's not yet implemented in practice
because of an absence of political will, frequently due to a
difficult perception of what this right means concretely. Indeed this
right has different meanings in countries where almost all have
access to water and in countries where access is far from
generalized.

At the time when the original Universal Declaration of Human Rights
was drawn up, it was assumed that all people would have access to
safe water, as it is essential to all life. Water like air is so
fundamental to preserving a right to life that explicit recognition
was thought to be unnecessary, and thus little attention has been
given to the question of whether there is a right to water.
Consequently water was never named as a human right before November
26, 2002.

Explicit reference to the Right to Water has been made in two core
international UN human rights treaties which are legally binding upon
all states that have signed them:

- the Convention on the Elimination of all Forms of Discrimination
against Women (CEDAW, 1979),

- the Convention on the Rights of the Child (1989),

as well in one regional treaty:  the African Charter on the Rights
and Welfare of the Child (1990). The Geneva Conventions (1949, 1977)
guarantee the protection of this right during armed conflict.

Article 14 (2) of The Convention on the Elimination of Discrimination
Against Women (CEDAW, 1979) states that State parties shall take all
appropriate measures to eliminate discrimination against women in
rural areas in order to ensure, on a basis of equality of men and
women, that they participate in and benefit from rural development
and, in particular, shall ensure to women the right: To enjoy
adequate living conditions, particularly in relation to housing,
sanitation, electricity and water supply, transport and communication.

In the Millennium Declaration, 2000, delivered at the close of the
Millennium Summit of the United Nations in New York, 150 heads of
state and government pledged to "halve, by the year 2015... the
proportion of people without sustainable access to safe drinking
water". The Johannesburg Declaration adopted at the World Summit of
Sustainable Development in September 2002 also set a new target of
halving the proportion of people who do not have access to basic
sanitation by 2015.

Right to Water contains both:

1. Freedoms, such as the right to be free from interference through,
for example, arbitrary disconnections or the contamination of water
supplies, and

2. Entitlements, including the right to a system of water supply and
management that provides equality of opportunity for people to enjoy
the right to water

As natural rights, water rights are usufructuary rights (water can be
used but not owned).  People have a right to life and the resources
that sustain it, such as water. The necessity of water to life is
why, under customary laws, the right to water has been accepted as a
natural, social fact.

That is why governments and corporations cannot alienate people of
their water rights. Water rights come from nature and creation.  They
flow from the laws of nature, not from the rules of the market.
-----------

Bobby Ramakant

(Bobby Ramakant is a journalist writing for English newspapers in 11
countries. He can be contacted at bobbyramakant@...)

This week's headlines in The SouthAsian 

Details at : http://www.thesouthasian.org

Listen to Radio South Asia

http://www.thesouthasian.org/archives/cat_audio.html

Why Are Varanasi Weavers Committing Suicide?

The SouthAsian spoke with Ashoka Fellow Lenin Raghuvanshi about the problem and he speaks at length about the effect of WTO and the collapse of the weaving and handloom industry, the feudal system of contracting labor, of their efforts to build a democratic capitalist model and of preventing communalization. You can
 listen to the interview here.

http://www.thesouthasian.org/archives/2006/why_are_varanasi_weavers_commi.html

Civic Groups Ask for Muslim Participation in SL Peace

Citizen groups protest the violence against Muslims in the ongoing civil strife in Sri Lanka. And yet, the international peace monitors and media have largely ignored this aspect of the violence in Sri Lanka - not that other aspects of violence are being resolved either. 

http://www.thesouthasian.org/archives/2006/civic_groups_ask_for_muslim_pa.html

Pollution Board to Investigate Coke in Varanasi

As the Right to Water March goes through its third week, there has been huge support in the heartland of Northern India. The march has already passed through 7 communities in the neighborhood of bottling plants and these communities - schools and colleges, village sabhas, small town meetings - have expressed solidarity through signature campaigns and return invitations to the marchers. Under pressure from these communities, CPCB has agreed to investigate pollution dumping by Coke at its Mehdiganj plant.

http://www.thesouthasian.org/archives/2006/communities_in_n_india_express.html

Relief Efforts Underway in Hyderabad, Pakistan

Hyderabad district has been facing havoc of rain since last one & half month but on 7 September, with heavy rains, there have been flood like situations. It has been the heaviest rain in the history of 

Hyderabad. 

http://www.thesouthasian.org/archives/2006/post_9.html

Peace Convention in Lahore Attracts Attention

The second visa-free and peaceful South Asia convention held in Lahore (widely covered in the Pakistani Press) was a forum for much discussion by various members of Indian and Pakistani citizen groups.   

http://www.thesouthasian.org/archives/2006/peace_convention_in_lahore_att.html

The People Must Take Care of Our Selves

This government came to power with a mandate to
 be more sensitive to people’s needs after the ironic India Shining campaign by BJP. The ironies continue with some of the most anti-people policies being promulgated by them.   

http://www.thesouthasian.org/archives/2006/the_people_must_take_care_of_o.html

Impact on Human Rights in Sri Lanka

University Teachers for Human Rights (Jaffna), Sri Lanka (UTHR(J)), present a report on The wider implications of the Human Rights and Humanitarian crisis in Jaffna. The entire report, released on
 

14th September 2006, is carried here.   

http://www.thesouthasian.org/archives/2006/impact_on_human_rights_in_sri.html

North Indian Communities Join March Against Coke, Pepsi

Jal Adhikar Yatra (March for Right to Water) began in Mehdiganj, 

Varanasi, on September 10, 2006, and shall conclude in Delhi on October 5, 2006. This is led by people directly ill-effected by Coca Cola Plant in Mehdiganj who are demanding access to water and protection from indiscriminate siphoning of water by large companies. 

http://www.thesouthasian.org/archives/2006/north_indian_communities_join.html

Pakistanis, Indians in Joint Fast at Lahore

As part of the second gathering of Indians and Pakistanis for a Visa free and Peaceful South Asia, visiting Indian citizens join in a fast in Lahore with their Pakistani hosts. Leading up to the event, Pakistani youth had organized a program where they pledged to work for Indo-Pak peace.

http://www.thesouthasian.org/archives/2006/pakistanis_indians_in_joint_fa.html

Divert, Deny, Dismiss and Damn

The Center for Science and Environment have been targeted by the Coke and Pepsi and then by the Indian Government. We present this editorial by Sunita Narain that was first published in Down To Earth, CSE’s periodical on environmental issues in India.

http://www.thesouthasian.org/archives/2006/divert_deny_dismiss_and_damn.html

On the Right to Water Campaign

In an interview with Nandlal on the first day of the Jal Adhikar (Right to Water) Yatra, we learn about the goals of the yatra, the importance to right to
 water and evidence of Coke's role in the rapidly dropping water levels in Mehdiganj.

http://www.thesouthasian.org/archives/2006/on_the_right_to_water_campaign.html

Community Holds District Administration Accountable

Hingoli, one of the most backward districts in Marathwada region of 

Maharashtra, is witnessing a great step forward as people are holding the inefficient and corrupt local government accountable during last four months.   

http://www.thesouthasian.org/archives/2006/community_holds_district_admin.html

Mutur Communities Forced Back To Insecurity?

While the Sri Lankan government has presented that Mutur is cleared for displaced muslims who have moved back, various sources in Sri Lanka suggest that the displaced communities are being forced back into Mutur as part its propaganda.   

http://www.thesouthasian.org/archives/2006/mutur_communities_forced_back.html

Bangladeshis Lose Land to Mining Companies

“I have lost a son, maybe I'll lose
 another, but I won't let them setup a coalmine here.” To Tahmina Begum who had lost her son 

Toriqul to police bullets, her land was also her family.

http://www.thesouthasian.org/archives/2006/bangladeshis_lose_land_to_mini.html

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IN-FOCUS: Jal Adhikar Yatra (March for Right to Water)
---------------------------------------------------

1) HT: Cola Major evaded stamp duty of Rs 1.75 crores: Sandeep Pandey

2) Response to "HT: CPCB to visit Coke's Varanasi plant" by Mr Naveen Tewari

3) September 24-UPDATE: JAL ADHIKAR YATRA (March for Right to Water)

4) ROUTE of the March for Right to water (Jal Adhikar Yatra)
=================================================================


1) HT: Cola Major evaded stamp duty of Rs 1.75 crores: Sandeep Pandey
September 22, 2006
The Hindustan Times
-----------------------------

"THE MULTINATIONAL [Coca-Cola] OF EVADING STAMP DUTY OF AROUND RS
1.75 CRORES AT THE TIME OF OPENING THE BOTTLING PLANT IN VARANASI"


The slanging match between National Coordinator of National Alliance
of People's Movements (NAPM) Sandeep Pandey and soft drinks major
Coca-Cola took another twist when the Magsaysay Award winner accused
the multinational of evading stamp duty of around Rs 1.75 crores at
the time of opening the bottling plant in Varanasi.

Replying to questions raised by Coca-Cola India on the intensions of
the Jal Adhikar Yatra, Pandey said here on Thursday that Nandlal
Master, the leader of the campaign against Coke in Mehndiganj, got
help from the Asha Trust.

Coca-Cola India official Kalyan Ranjan had questioned Pandey's source
of fund. He had accused Pandey of getting foreign funds to run his
anti-Coke campaign. He had also questioned Pandey's contribution to
the people of Mehndiganj.

Pandey said that Asha Trust was born when he was studying in
America. "It has the financial support of my NRI friends. All money
that comes to the Asha Trust in India is registered with the
Government of India as it comes under the Foreign Contributions
Regulation Act 1979. the income tax department has twice investigated
the accounts of the trust and found no fault" he shot back. Pandey
said that the trust spend money on education and health of the poor
children. It ran free schools for poor children in Mehndiganj area
much before Coke started its plant there. Rebuffing Ranjan's charges,
Pandey asked the cola major to come clean on the income tax and
revenue that was due with the Government of India and other State
Governments. Pandey said "Will they tell us under which MoU the
company is doing bottled water business in our country?"

================================================================


2) Response to “HT: CPCB to visit Coke's Varanasi plant” by Mr Naveen Tewari
bantus_interiors@...

"….START A MOVEMENT AGAINST NOT ONLY MULTINATIONALS BUT ALSO ALL
ANTI-NATIONALS…. ENEMY WITHIN IS MORE DANGEROUS…"

It will be more meaningful and fruitful if we start a movement against not only
multinationals but also all anti-nationals who commit similar crimes. That will
be a just call. Otherwise it appears to be a crusade directed selectively. The
enemy is the same and the enemy within is more dangerous than the outsider. Are
we not shying away from confronting the enemy within?

But the fight will never succeed if it is not just. In the sense that we can not
call the same acts wrong if they are perpetrated by outsiders and call them
right if an Indian company is involved. In a country where roadside vendors are
a norm and more people die of water borne diseases than anything else, the
orchestrated campaign against two companies just because they are multinationals
is not going to lead anywhere. Lets wait and see.

Naveen Tewari
bantus_interiors@...

================================================================


3) September 24-UPDATE: JAL ADHIKAR YATRA (March for Right to Water)

As the yatra moved into western U.P on its way to Delhi, hundreds of students
and farmers pledged their support to the struggle. In Shajahanpur, meetings were
organized on 23rd in Intercollege and infront of District Magistrate office with
the help of local organization Vinoba Sewa Ashram in which more than 500
students signed the signature campaign to stop drinking Cola products due to the
Cola giant's violations of farmers and community rights in Mehndiganj. More than
500 farmers also turned up for the meeting in front of the collectorate offfice.

On 24th, meeting was organized in a Shainik public school in Muradabad. Muslim
communities and organization ILM welcomed the yatra activists in Bilari. In
Purhi, about 500 farmers participated in a meeting last night and identified
with the struggle in Mehndiganj as in their own community, water exploitation by
two paper mills are causing water scarcity in the region. The yatra activists
pledged to work with the community which share a common cause in big industries
extracting and exploiting ground water at the expense of the agrarian community
which depends on the same source for their life and livelihood.

Contacts:
Nandlal Master, Lok Samiti Varanasi, 9415300520
napm_up@...

=================================================================


4) YATRA SCHEDULE AND LOCAL CONTACTS:
===================================

10th September, 2006, afternoon, Mehdiganj, Nandlal, Varanasi,
9415300520, 9839017693
10th September, 2006, evening, Chirai Gaon, Surendra, Varanasi, 0542
2616289
11th September, 2006, afternoon, Ghazipur, Brij Bhushan Dubey,
9450722021
11th September, 2006, evening, Mau, Arvind Murti, 9839835032
12th September, 2006, afternoon, Sinhachawar, Ballia, Balram,
9450532465
12th September, 2006, evening, Ballia, Balram, 9450532465
13th September, 2006, afternoon, Deoria, Keshav, 9839883518
13th September, 2006, evening, Gorakhpur, Manoj Singh, 9415282206
14th September, 2006, afternoon, Faizabad, Dinesh Singh, 9415984507
15th September, 2006, afternoon, Barabanki, Santosh Mal, 05248 229416
15th September, 2006, evening, Sultanpur, Sanjay Singh, 9838698664
16th September, 2006, afternoon, Jaunpur, Sachin Agarwal, 9415255042
16th September, 2006, evening, Jaunpur, Sachin Agarwal, 9415255042
17th September, 2006, afternoon, Satharia, Jaunpur, Sachin Agarwal,
9415255042
17th September, 2006, evening, Allahabad, Manoj Tyagi, 9415279612
18th September, 2006, afternoon, Chitrakoot, Madhavi, 9415104361
19th September, 2006, afternoon, Banda, Sanjay Singh, 9415114151
19th September, 2006, evening, Jhansi, Krishna Gandhi, 9415057538,
Sanjay Singh, 9415114151
20th September, 2006, afternoon, Kanpur, Mahesh, 9838546900
21st September, 2006, afternoon, Lucknow, Arundhati Dhuru,
9415022772, Bobby Ramakant, 9839073355
22nd September, 2006, afternoon, Hardoi, Radhey Shyam Kapoor,
9838646247
22nd September, 2006, evening, Sitapur, Arunesh Mishra, 9415164773,
Ramsagar Verma, 9451209863
23rd September, 2006, afternoon, Shahjahanpur, Ramesh Bhaiyya,
9415035035
24th September, 2006, afternoon, Muradabad, Prem, 9412839020
25th September, 2006, afternoon, Muzaffarnagar, Munesh Gupta,
9837144590
26th September, 2006, afternoon, Meerut, Krishna Kumar Khanna, 0121
2763037, 2773298
27th September, 2006, afternoon, Aligarh, Abdul Hafiz Gandhi,
9897756081
28th September, 2006, afternoon, Hathras, Sachindra Kumar Singh
28th September, 2006, evening, Mathura, Manoj Vashistha, 9319902596
29th September, 2006, afternoon, Dr. Manorma Sharma, 9412259491,
Rajeshwar, 9871602612
30th September, 2006, afternoon, Bharatpur, Sawai Singh, 9413200044
1st October, 2006, afternoon, Kala Dera, Rameshwar Kudi, 9414049053,
Mukuj Yogi, 9829936140
2nd October, 2006, afternoon, Jaipur, Sawai Singh, 9413200044
3rd – 5th October, Delhi, Rajendra Ravi, 9868200316, Faisal,
9313106745, Shreeprakesh, 9818030423, Rajeshwar, 9871602612,

===========================================================

HT: CPCB to visit Coke's Varanasi plant
Friday September 22, 2006
The Hindustan Times
-----------------

"IT IS NOT THAT WE ARE ONLY AGAINST COCA COLA. WE OPPOSE PEPSI TOO. BUT
COKE'S TRACK RECORD IS BAD WORLDWIDE AND THEY ARE INVOLVED IN UNETHICAL
ACTIVITIES. THE COMPANY KILLED NINE LABOURERS IN COLUMBIA. THEY ALSO
INVOLVED CHILD LABOURERS IN PAKISTAN AND VIOLATED LABOUR LAWS. IN
VARANASI, THE COMPANY HAS GRABBED LAND OF GRAM SABHA"


The Central Pollution Control Board (CPCB) will visit the Coca-Cola
bottling plant at Mehndiganj in Varanasi to check if toxic effluents
are polluting water bodies and agricultural fields adjacent to the unit.

The CPCB took the decision on the request of the National Alliance of
People's Movements (NAPM), that has accused the cola giant of spreading
pollution. NAPM activists also went to the Pollution Control Board
office on Thursday after their Jal Adhikar Yatra reached here this
morning.

In their Yatra, NAPM has been using the CSE report on pesticide content
in colas to demand ban on the soft drinks in the country. NAPM charged
the companies with exploiting 25-30 lakh litre of ground water daily
and pushing down the water level in Mehndiganj.

National Coordinator NAPM Dr Sandeep Pandey said the CPCB had taken
sludge samples from the Coca Cola Mehndiganj plant in 2003. The
investigation reports had shown that the sludge contained heavy metal
conconcentration like lead, chromium and cadmium much above the
permission limit. But no action had been taken against the company so
far.

He said when the report was referred to State Pollution Control Board
they went ahead and gave a clean chit to the cola giants. Pandey
alleged that the State Pollution Control Board had connived with the
cola company. In a memorandum to the Central and State Pollution
Control Board, NAPM has demanded reinvestigation of the sludge samples.

"It is not that we are only against Coca Cola. We oppose Pepsi too. But
Coke's track record is bad worldwide and they are involved in unethical
activities. The company killed nine labourers in Columbia. They also
involved child labourers in Pakistan and violated labour laws. In
Varanasi, the company has grabbed land of gram sabha" alleged Pandey.

Earlier in the morning, Jal Adhikar Yatra reached Lucknow and
interacted with the school children of Navayuga Public School and urged
them not to take soft drinks.

A demonstration was also held at the Pollution Control Board office and
in the evening a protest show was organized outside GPO in Hazratganj.
The NAPM activists cleaned toilets with Coke and Pepsi. They also
distributed pamphlets at the Charbagh Railway Station.
--------------------------




Yatra Schedule and local contacts:

===================================

10th September, 2006, afternoon, Mehdiganj, Nandlal, Varanasi,
9415300520, 9839017693

10th September, 2006, evening, Chirai Gaon, Surendra, Varanasi, 0542
2616289

11th September, 2006, afternoon, Ghazipur, Brij Bhushan Dubey,
9450722021

11th September, 2006, evening, Mau, Arvind Murti, 9839835032

12th September, 2006, afternoon, Sinhachawar, Ballia, Balram, 9450532465

12th September, 2006, evening, Ballia, Balram, 9450532465

13th September, 2006, afternoon, Deoria, Keshav, 9839883518

13th September, 2006, evening, Gorakhpur, Manoj Singh, 9415282206

14th September, 2006, afternoon, Faizabad, Dinesh Singh, 9415984507

15th September, 2006, afternoon, Barabanki, Santosh Mal, 05248 229416

15th September, 2006, evening, Sultanpur, Sanjay Singh, 9838698664

16th September, 2006, afternoon, Jaunpur, Sachin Agarwal, 9415255042

16th September, 2006, evening, Jaunpur, Sachin Agarwal, 9415255042

17th September, 2006, afternoon, Satharia, Jaunpur, Sachin Agarwal,
9415255042

17th September, 2006, evening, Allahabad, Manoj Tyagi, 9415279612

18th September, 2006, afternoon, Chitrakoot, Madhavi, 9415104361

19th September, 2006, afternoon, Banda, Sanjay Singh, 9415114151

19th September, 2006, evening, Jhansi, Krishna Gandhi, 9415057538,
Sanjay Singh, 9415114151

20th September, 2006, afternoon, Kanpur, Mahesh, 9838546900

21st September, 2006, afternoon, Lucknow, Arundhati Dhuru, 9415022772,
Bobby Ramakant, 9839073355

22nd September, 2006, afternoon, Hardoi, Radhey Shyam Kapoor, 9838646247

22nd September, 2006, evening, Sitapur, Arunesh Mishra, 9415164773,
Ramsagar Verma, 9451209863

23rd September, 2006, afternoon, Shahjahanpur, Ramesh Bhaiyya,
9415035035

24th September, 2006, afternoon, Muradabad, Prem, 9412839020

25th September, 2006, afternoon, Muzaffarnagar, Munesh Gupta, 9837144590

26th September, 2006, afternoon, Meerut, Krishna Kumar Khanna, 0121
2763037, 2773298

27th September, 2006, afternoon, Aligarh, Abdul Hafiz Gandhi, 9897756081

28th September, 2006, afternoon, Hathras, Sachindra Kumar Singh

28th September, 2006, evening, Mathura, Manoj Vashistha, 9319902596

29th September, 2006, afternoon, Dr. Manorma Sharma, 9412259491,
Rajeshwar, 9871602612

30th September, 2006, afternoon, Bharatpur, Sawai Singh, 9413200044

1st October, 2006, afternoon, Kala Dera, Rameshwar Kudi, 9414049053,
Mukuj Yogi, 9829936140

2nd October, 2006, afternoon, Jaipur, Sawai Singh, 9413200044

3rd – 5th October, Delhi, Rajendra Ravi, 9868200316, Faisal,
9313106745, Shreeprakesh, 9818030423, Rajeshwar, 9871602612,

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

JAL-ADHIKAR YATRA: storms ahead through UP heartland
DailySouthAsian
---------------

As Jal Adhikar Yatra (March for Right to Water) forges ahead in UP
and moves towards Delhi, `Right to water is fundamental' this article
got published in leading newspapers in many countries including The
Statesman in India. The online links of these newspapers is provided
below at the end of this posting. The index of this update is as
follows:

1) Destination – Lucknow: On-site report of September 21, 2006

2) Destination – Kanpur: On-site report of September 20, 2006

3) Destination: Banda: On-site report of September 19, 2006

4) Route of this march (September 10 to October 5, 2006)

======================================================

1) Destination – Lucknow: On-site report of September 21, 2006

On September 21st, group of activists from Jal Adhikar Yatra and NAPM
stormed the offices of State Pollution Control Board and Central
pollution Control Board to demand actions on pollutions found in
Mehndiganj area due to Coca-Cola plant. 50-60 activists entered the
State Pollution Control Board and dumped the sludge they had carried
with them  from Mehndiganj in the office. When the activists entered
the office,  no officials were present. After half hour of protesting
through songs and slogans, an officer came to meet with them. A
petition was submitted by the yatra activists to the officer. The
petition asked what actions have been taken by SPCB after CPCB tests
revealed the presence of toxic heavy metals lead,cadmium and chromium
in the sludge from Coca-Cola plant of Mehndiganh. The petition also
asked SPCB to explain the contradiction posed by SPCB when it sent a
letter to activists on 7th June on an RTI(Right to information) that
there is no toxic heavy metal in its testing of sludge from Coca-Cola
plant and yet it directed Coca-Cola plant on 18th July to store the
hazardous waste in a safe manner based on the testing by CPCB. The
petition also asked that if there is no more toxic metals founds in
the sludge, what process changes that Coca-Cola initiated to remove
these hazardous wastes in its sludge and effluents and demanded tests
on the sludge brought by the activists. The SPCB official accepted
the sludge dumped by the activists for further testing and gave a
letter in writing that action will be taken on their petition.

The activists also visited the Central Pollution Control Board office
where initially officials threatened to call police when the
activists entered their office and shouted slogans. On recognizing
Sandeep Pandey, they apologized and accepted the petition by the
activists. The activists demanded why CPCB did not publicly release
the results of the tests done in 16 Coca-Cola and Pepsi plants which
found lead,cadmium and chromium in all the tests and what action has
been initiated by CPCB on petitions by Swadeshi science movement of
India. In a petition earlier, Swadeshi science movement had shown
that water level has decreased in this region after Coca-Cola's
operation in Mehdniganj and is a environment threat in the region.
The officer told the activists that action will be taken by CPCB and
that Coca-Cola cannot be banned because of the presence of heavy
toxic metals found in their sludge due to a law that was passed after
Kerala PCB closed the plant. However action can be taken against Coca-
Cola if the ground water has been contaminated with lead,cadmium or
chromium. CPCB ordered testing of sludge, effluents and ground water
which will be collected in the presence of volunteers from Lok
Samiti.

Meetings were also conducted in market places and schools of Lucknow,
Hardohi and Sitapur where more signatures were collected from people
and students who pledged that they will not drink soft drinks anymore
because of Coca-Cola's violation of rights of Mehndiganj community.
The activists also cleaned the public toilets with Coca-COla in front
of Legislative assembly. In Sitapur, the group visited a local dharna
and extended their support for the dharna -M against the corruption
and misgovernance in implementation of national rural employment
guarantee.


======================================================

2) Destination – Kanpur: On-site report of September 20, 2006

In a meeting organized in a village called Nangary near IIT Kanpur,
several professors and local activists supported the campaign against
Coca-Cola. Professor Sunderlal Iyer, Deepak Gupta, Kumar Sambav,
activists Suresh Yadav, Mohd Islam, Radheshyam Viswakarma and
Vijayadidi, daughter of former president of India Venkatraman spoke
in support of the campaign.

Earlier meetings were organized in Jhansi college attended by 500
students. Answering to questions from students,
Nandlal Master refuted the common misconceptions that industries such
as Coca-Cola and Pepsi create many jobs and
pay taxes which are important to India. Nandlal Master said that the
jobs created by Coca-COla hardly benefit locals
and displace many more local businesses and that Coca-Cola and Pepsi
have enjoyed tax breaks and pay very little tax for the natural
resources they consume.

Protests were also organized in front of Coca-Cola plant in Dadanagar
and Pepsi plant in Raniya near Kanpur. The yatra also met with local
campaigns led by unions against LML Vespa and cotton mills in a
meeting in front of
Labor commissioners office in Rawatpur. The unions welcomed and the
campaign against Coca-Cola and pledged their support for the
campaign. Activists Vijay Chawla, R.T Tiwari, Arvind Murthy and
Mahendar spoke in the meeting. A press conference was organized in
Kanpur attended by Nandlal Master of Lok Samiti and Sandeep Pandey of
NAPM.

The yatra will go to Lucknow tomorrow and protests are planned in
various parts of the city including the state pollution control board.


=======================================================


3) Destination: Banda: On-site report of September 19, 2006

A meeting was organized in Chitrakoot by the group Wanangana in
anticipation of the Jal Adhikar Yatra which makes its way to Delhi
through the Coca-Cola and Pepsi plants in Uttar Pradesh. After
Chitrakoot, the yatra proceeded to Banda where more than 500
community members gathered and listened to Nandlal, Arvind and
Mahendar on the impact of Coca-Cola in Mehndiganj where 90% of the
wells have been affected by the plant's presence and heavy metals
pollution has caused damages to land and crops.


========================================================

4) Route of this march (September 10 to October 5, 2006)

JAL ADHIKAR YATRA, 10TH SEPT. TO 5TH OCT., VARANASI TO NEW DELHI

PEPSI-COKE BHAGAO PANI BACHAO ABHIYAN

             A vehicle yatra will be taken out from the Coca Cola
plant in Mehdiganj, District Varanasi beginning on 10th September,
2006 and ending on 3th October, 2006 outside the national Coca Cola
headquarters at Gurgaon. Coca Cola and Pepsico plants are guilty of
exploiting groundwater to such a dangerous extent that they are
causing water shortage. 90% wells and 43% handpumps in a radius of 3
km from the plant in Mehdiganj have been affected by the Coca Cola
plant here.

             In addition these plants by producing a sludge containing
Cadmium, Chromium and Lead pose serious threat of contamination of
the groundwater and to human health. Study by a scientist in Kerala
shows that average weight of new born children in the vicinity of the
Coca Cola plant has gone down by 200 gms.

             These companies use unethical ways of doing business and
are known to influence political parties, officials and the media so
that no action is taken against them. They have encroached upon Gram
Sabha lands, default on payment to the government to the extent of
crores of Rupees, indulge in labour rights violations and
discriminatory practices.

             Because of the unhealthy nature of drinks and its
unethical practices, schools and universities across states in India,
U.S., England and Canada are placing a ban on sales of products of
these companies.

             The farmers of India and students on campuses in North
America are against privatization of water and are determined to
fight to put these companies out of business. The yatra from the Coca
Cola plant in Mehdiganj, Varanasi to the national Coca Cola
headquarters in Gurgaon is a campaign signaling the beginning of the
end of Coca Cola and Pepsico in India. You are requested to join this
campaign and boycott the products of these companies so that it
becomes uneconomical for them to stay here.

The yatra is organized by Lok Samiti and National Alliance of
People's Movements.

Contact:
Nandlal, Lok Samiti & NAPM, Mehdiganj, Raja Talab, Varanasi, PIN
221311, Ph: 542-2632433, Mobile: 9415300520, 9839017693, e-mail:
napm_up@...

Sandeep, Asha Parivar & NAPM, A-893, Indira Nagar, Lucknow-226016,
Ph: 522-2347365, Mobile: 9415022772, 9839073355, e-mail:
ashaashram@...


YATRA SCHEDULE AND LOCAL CONTACTS:
===================================
10th September, 2006, afternoon, Mehdiganj, Nandlal, Varanasi,
9415300520, 9839017693
10th September, 2006, evening, Chirai Gaon, Surendra, Varanasi, 0542
2616289
11th September, 2006, afternoon, Ghazipur, Brij Bhushan Dubey,
9450722021
11th September, 2006, evening, Mau, Arvind Murti, 9839835032
12th September, 2006, afternoon, Sinhachawar, Ballia, Balram,
9450532465
12th September, 2006, evening, Ballia, Balram, 9450532465
13th September, 2006, afternoon, Deoria, Keshav, 9839883518
13th September, 2006, evening, Gorakhpur, Manoj Singh, 9415282206
14th September, 2006, afternoon, Faizabad, Dinesh Singh, 9415984507
15th September, 2006, afternoon, Barabanki, Santosh Mal, 05248 229416
15th September, 2006, evening, Sultanpur, Sanjay Singh, 9838698664
16th September, 2006, afternoon, Jaunpur, Sachin Agarwal, 9415255042
16th September, 2006, evening, Jaunpur, Sachin Agarwal, 9415255042
17th September, 2006, afternoon, Satharia, Jaunpur, Sachin Agarwal,
9415255042
17th September, 2006, evening, Allahabad, Manoj Tyagi, 9415279612
18th September, 2006, afternoon, Chitrakoot, Madhavi, 9415104361
19th September, 2006, afternoon, Banda, Sanjay Singh, 9415114151
19th September, 2006, evening, Jhansi, Krishna Gandhi, 9415057538,
Sanjay Singh, 9415114151
20th September, 2006, afternoon, Kanpur, Mahesh, 9838546900
21st September, 2006, afternoon, Lucknow, Arundhati Dhuru,
9415022772, Bobby Ramakant, 9839073355
22nd September, 2006, afternoon, Hardoi, Radhey Shyam Kapoor,
9838646247
22nd September, 2006, evening, Sitapur, Arunesh Mishra, 9415164773,
Ramsagar Verma, 9451209863
23rd September, 2006, afternoon, Shahjahanpur, Ramesh Bhaiyya,
9415035035
24th September, 2006, afternoon, Muradabad, Prem, 9412839020
25th September, 2006, afternoon, Muzaffarnagar, Munesh Gupta,
9837144590
26th September, 2006, afternoon, Meerut, Krishna Kumar Khanna, 0121
2763037, 2773298
27th September, 2006, afternoon, Aligarh, Abdul Hafiz Gandhi,
9897756081
28th September, 2006, afternoon, Hathras, Sachindra Kumar Singh
28th September, 2006, evening, Mathura, Manoj Vashistha, 9319902596
29th September, 2006, afternoon, Dr. Manorma Sharma, 9412259491,
Rajeshwar, 9871602612
30th September, 2006, afternoon, Bharatpur, Sawai Singh, 9413200044
1st October, 2006, afternoon, Kala Dera, Rameshwar Kudi, 9414049053,
Mukuj Yogi, 9829936140
2nd October, 2006, afternoon, Jaipur, Sawai Singh, 9413200044
3rd – 5th October, Delhi, Rajendra Ravi, 9868200316, Faisal,
9313106745, Shreeprakesh, 9818030423, Rajeshwar, 9871602612,
----------------------------------------------------------------------
----------

WHIP UP THE FiZZ: MNCs Delaying Compliance Of Court Orders
Karan Singh Bhati
Advocate, Supreme Court
Published in THE STATESMAN
September 19, 2006
-------------------


The recent CSE reports regarding soft drinks manufactured by
multinational companies, such as Hindustan Coca Cola Beverages Pvt
Ltd and Pepsi Co India Holdings Pvt Ltd have become a subject of
media hype. The finding that there are excessive pesticides in the
soft drinks produced by them is a matter of concern. The media seems
to be completely unaware of legal developments on this issue, which
reveal that the multinational companies have little regard for orders
passed by the High Courts and even the Supreme Court. The MNCs have
made full use of their money power to defeat or at least to delay the
compliance of court orders.

In 2003 a PIL CW No 3105/2003 titled Santosh Mittal v/s State of
Rajasthan and others was filed by Dr Swati Bhati at the Jaipur Bench
of the High Court of Rajasthan regarding various adulterants found in
soft drink bottles. This PIL was filed on behalf of Youth Welfare
Society, Jaipur, through Ms Santosh Mittal, a social worker.
Subsequently, a few more writ petitions were filed on the same
subject.

Landmark judgment

After the first round of CSE analysis reports on the existence of
pesticides in the soft drinks was made public, the scope of these
issues was widened by the High Court.
On 8 October 2004 a Division Bench of the High Court (coram: Anil Dev
Singh, CJ, and KS Rathore, J) delivered a landmark judgment. All
arguments made on behalf of the soft drinks companies, including the
arguments based on the JPC report and the opinion of experts, were
considered by the court.

The Bench declined to decide on the quantum of pesticides or the
permissible limit in view of the lack of relevant and reliable data
and even some conflicting reports sent by the laboratories. It
decided to leave the issue for the experts to decide.
However, the court pronounced its judgment on the basis of the
consumer's right to know what exactly was being sold to them in the
form of soft drinks. It directed the soft drink companies to specify
on the bottle or package containing the soft drinks or on a label or
a wrapper the details of its composition and nature and quantity of
pesticides and chemicals, if any.

The court rejected the argument that pesticides exist in the
groundwater that is consumed, whereas soft drinks are part of trade
and commerce. Subsequently, the review petition filed by the cola
companies was dismissed on 3 November 2004. The court gave one
month's time to all soft drinks companies, including multinational
and national, to implement the order within a period of one month.
The cola companies filed special leave petitions before the Supreme
Court against the judgments dated 8 October 2004 and 3 November 2004
in a PIL and review petition respectively. After hearing the
arguments of both sides, the Supreme Court dismissed all special
leave petitions on 6 December 2004; but on a statement made by the
counsel of cola companies, gave limited liberty to them to approach
the High Court to seek clarification of exactly what kind of
disclosure the High Court requires them to make.

Once again, the cola companies filed applications before the High
Court. Instead of pursuing the matter seriously, the companies tried
to buy as much time as possible to protect their business interests
with no regard to court orders which had become final. In the
applications before the High Court, instead of seeking clarification
on the disclosure directed in the order dated 8 October 2004, issues
that had been argued and decided with regard to the merit of the case
were once again raised.

Another Division Bench of the High Court heard these applications and
went on to record various submissions, but declined to consider them
in view of the limited liberty granted by the Supreme Court. These
applications were disposed of on 1 June 2005 with clarifications. The
operative part of the judgment is reproduced below:

"Since we have only to clarify as to what kind of disclosure is
required, it is not necessary for us to travel through the voluminous
literature placed for our perusal. In the public interest, we require
the applicants to declare on soft drinks bottle, package or container
either of these two declarations ~ the soft drink does not contain
pesticide residue or the soft drink is safe. The level of pesticides
residue is well within all applicable standards." The High Court gave
two months' time to implement the directions.

Against the order dated 1 June 2005, in the second round, special
leave petitions were filed in August 2005. Since then, the matter
came up for hearing on four or five occasions, but the Supreme Court
has not issued notices. In the Supreme Court, the cola companies have
raised another excuse. They submitted that since the Food Safety And
Standards Bill 2005 has already been introduced in Parliament, it
will take care of all issues involved.

Orders ignored

It further submitted that the Supreme Court should postpone the
hearing on these matters till the Bill becomes an Act and is given
effect to. From the perusal of the Bill, it is absolutely clear that
it doesn't contain any provision regarding the consumer's right to
know. This is the basis of the High Court judgment which has become
final with the dismissal of the Special Leave Petitions by the
Supreme Court on 6 December 2004.

Clearly, the cola companies have no regard for the court orders and
have been trying to find excuses to avoid their implementation. So
much for their bonafides. As regards the CSE reports, the cola
companies have intensified their efforts to show that their soft
drinks are harmless and that they meet international standards.

If that claim is genuine, there should be no difficulty in disclosing
the level of pesticides found in their soft drinks. The courts have
applied their mind and come to a conclusion that after a disclosure
is made, the matter is better left to the judgment of the consumer
himself.
-----------

Karan Singh Bhati
(The author is an Advocate at the Supreme Court)

arkitectindia@yahoogroups.com, eGovINDIA@yahoogroups.com, JAGO-INDIA@yahoogroups.com, politics_in_india@yahoogroups.com

This week's headlines in The SouthAsian 

Details at : http://www.thesouthasian.org

• Environmental Laws Changed to Suit Industry; People Not Consulted 
• Disastrous EIA Notification Likely to be Announced Soon 
• Call Environment Minister A. Raja (91 11 23010468, 23010764)
• Mail MoEF at envisect@... asap and express your strong concerns about this secretive and fastrack move
• Sign the Petition opposing this ad hoc amendment

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NEWS: Coke factory saps UP villages dry
Puja Awasthi
Deccan Herald
-----------------------

"AMMA, I AM THIRSTY." "DRINK SOME COKE BETA."

This is no urban-centric ad campaign, but an eventuality that stares
hard in the faces of some 45,000 villagers of the Araji line block,
some 20 kilometres from Varanasi. Water levels in the area have
dipped by 18 feet since Coca Cola first set up its plant here in
1996. Compare that to a 1.6 feet dip during the last decade and you
know it's a catastrophe in the making.

Under the leadership of the National Alliance for People's Movement
(NAPM), the Lok Samiti, a body of concerned citizens which has been
fighting to oust the cold drink manufacturer from Mehndiganj,
conducted a survey on ground water level and contaminants between
July and August 2006. As many as 450 households were surveyed.


Random survey results revealed that 44 per cent of the 97 wells had
dried up. Of these, 25 per cent had dried up as soon as Coke became
operational in 2000. Also, 86 per cent wells had a water level of 40
feet; by 2006 the numbers had dropped to 32 per cent. Similarly, 43
per cent of the 220-odd handpumps had dried up.

In 2003, the Central Pollution Control Bord gathered water samples
from villages around the plant and found concentration of heavy
metals, including chromium, lead and cadmium above the permissible
limit of 50 mg per litre in five of the seven samples.

The NAPM report said the concentration of heavy metals has gone up
further — between 65 mg and 75 mg — in eight villages within a 3-km
radius of the plant. Under the Right to Information Act, Magsaysay
Award-winner Sandeep Pandey wrote to the Central Pollution Control
Board, asking why the Mehndiganj plant was still functional. The one
in Plachimada, Kerala, had been shut down because it violated
pollution laws, he pointed out.

"The board responded saying that it had instructed the plant to
dispose off sludge in a safe manner," said Pandey incredulously. The
cola giant followed the instruction by allegedly dumping waste into
the deeper wells, polluting the ground water.

A senior Coca Cola spokesperson, however, dismissed these allegations
and accused Pandey of misleading people. But there are more issues to
address. Why hasn't the plant offered jobs as promised to the local
population? Why has the land belonging to the Mehndiganj village
panchayat been usurped? Why was the plant management taking in
employees of certain castes on contract?

Chandrika R, an engineer with Lok Samiti, says their fight is far
from over. "We need answers. On September 10, we will start a march
from Mehndiganj and take it to New Delhi. Mahesh Bhatt, Nandita Das
and some other film stars will join us."

Available online at:
http://www.deccanherald.com/deccanherald/sep62006/national191716200695
.asp

IN-FOCUS: Jal Adhikar Yatra (March for Right to Water)
DailySouthAsian
---------------

Comment: Jal Adhikar Yatra (March for Right to Water) began in
Mehdiganj, Varanasi, on September 10, 2006, and shall conclude in
Delhi on October 5, 2006. This is led by people directly ill-effected
by Coca Cola Plant in Mehdiganj. Corporations like those of Coke and
Pepsi, have been siphoning away huge quantities (Lakhs of litres of
water every day) natural resources like water, and thereby depriving
local communities to have access to ground water. Besides the waste
released by these corporations into the fields of farmers, have made
the fields barren and adversely affected the fertility of the soil.
CSE as well as Joint Parliamentary Committee report of Government of
India had found pesticides at dangerous levels in bottled soft
drinks. For the first time, people from communities directly affected
by water privatization, from Mehdiganj (Varanasi), Ballia, Jaunpur,
Faizabad, Barabanki, Kaladhera (Jaipur) and other regions have come
together and taking out a march to Delhi. Read more…

1) LATEST ON-SITE REPORT

2) September 16: PROTEST OUTSIDE BARABANKI COCA-COLA PLANT

3) September 15: PROTEST OUTSIDE FAIZABAD COCA-COLA PLANT

4) September 13: JAL ADHIKAR YATRA LATHI-CHARGED IN Mau district

5) JAL ADHIKAR YATRA (Route and Statement)
===========================================================

1) LATEST ON-SITE REPORT

Protests were organized in front of Coca-Cola plant in Barabanki and
Pepsi plant in Sathariya, Jaunpur by local organizations and
activisits on the 7th and 8th day of Jal Adhikar Yatra. The pepsi
plant was heavily guarded by police who refused to allow the
activists to come near the plant. About 200-250 people were present
in the rally and the protests.

Meetings were also organized in colleges and in market places in
these towns to sensitize the youth on the impact of soft drinks
industries in the communities where they are based. Signatures were
collected from the community with the pledge not to drink any soft
drinks produced by Coca-Cola and Pepsi. A press conference was
organized in Jaunpur on the yatra.

Supporting the yatra were local groups and leaders such as Daulat
Ramji of Dalit Bharatiya Jan Seva Ashram, Sachin Agarwal fro Society
for Peoples change and enforcement, Nishant of Lok Tantra Bachao
Abhiyan, Ajaykumar, Anif Astana, Ramesh (Advocate), Arif Habib,
Pramod Misra, Arvind, Sunil Agarwal and Azad Bachao Andolan.

=============================================

2) PROTEST OUTSIDE BARABANKI COCA-COLA PLANT

A protest was organized in front of Coca-Cola plant of Barabanki by
the local groups and Jal Adhikar Yatra activists. Later a meeting was
organized in the local college of Sultanpur. Supporting the yatra and
meeting were local student union and local leaders Mannulal Chaurasia
of ISA, Anup Saya of Lok Tantrik Samajwadi Party, Sanjay Singh and
others. A signature campaign was also initiated in all the colleges.
So far 1000 signatures have been collected. The campaign pledges the
support to the struggle for water and a promise to stop drinking Coke
or Pepsi's soft drinks.

=============================================

3) PROTEST OUTSIDE FAIZABAD COCA-COLA PLANT

Around 300 people from the community and the Jal Adhikar Yatra
activists joined to protest against the local Coca-Cola plant in
Faizabad. The Jal Adhikar yatra activists were warmly received by the
communities on their arrival to Faizabad. In the protest rally, the
activists highlighted the water depletion by Coca-Cola plant that is
drying the Mehndiganj and surrounding villages and the pollution of
toxic heavy metals by the Coca-Cola pant in Mehndiganj.  The
communities demanded the closure of Coca-Cola plant. Later in the
afternoon, a meeting was organized in the local university by the
local ISA(Indian Student Association) group and the Jal Adhikar yatra
activists. Supporting the meeting were local dignitaries Dinesh
Singh, Gopal, Shah Alam, Indrajit and Bansilal Yadav. A meeting was
also organized to highlight the issues related to water policies and
water privatization and the local district magistrate Mr. Amod Kumar
participated in this meeting.

The Yatra will proceed to Barabanki to protest against the local Coca-
Cola plant.

=============================================

4) JAL ADHIKAR YATRA LATHI-CHARGED IN Mau district

The activists on board Jal Adhikar Yatra were lathicharged in Rasada
near Mau as they distributed flyers on the impact of Coca-Cola plant
in Mehndiganj. Earlier a ban on protests had been ordered by the
police following tensions between student body protests from a nearby
college and the police on an unrelated incident. The activists in the
yatra were not aware of the ban and had started distributing
pamphlets when police came and lathicharged them indiscriminately
with out any questions or statements.

The yatra activists and 300-400 people from the community demanded
that the police apologize for their behavior. After some time, the
police apologized publicly for their heavyhandedness.

Earlier, Jal Adhikar Yatra started from Mehndiganj on 10th September
after a meeting in Lok Samiti office. Due to unexpected  demise of
Mukesh Kumar's father(Mukesh Kumar is the panchayat president of
Nagepur village and is an activist with Lok Samiti), the protest in
front of Coca-Cola plant was cancelled
and the yatra started from the ashram.

The yatra has travelled through Chiraigaon, Ghazipur, Mau and Ballia.
In these regions, the activists targeted the schools and colleges and
held meetings on the violations of the Coca-Cola plant in their
community where the plant's indiscriminate water withdrawal is
leaving the regions dry and the plant's pollution has damaged the
crops, land and water.

In Ballia, a meeting was organized in a school attended by more than
300 members of the community. A rally was taken from the school to
the local Coca-Cola plant. The rally was attended by Sinhachaur
village panchayat president Chinta Devi and Baliram, the leader of
the local movement 'Throw Coca-Cola out, Save the farmers movement'
The community in Ballia pledged their support to the Mehndiganj
struggle. The Yatra proceeds to its next destination Devaria on its
march to Delhi.

===============================================

5) JAL ADHIKAR YATRA (Route and Statement)

JAL ADHIKAR YATRA, 10TH SEPT. TO 5TH OCT., VARANASI TO NEW DELHI

PEPSI-COKE BHAGAO PANI BACHAO ABHIYAN

             A vehicle yatra will be taken out from the Coca Cola
plant in Mehdiganj, District Varanasi beginning on 10th September,
2006 and ending on 3th October, 2006 outside the national Coca Cola
headquarters at Gurgaon. Coca Cola and Pepsico plants are guilty of
exploiting groundwater to such a dangerous extent that they are
causing water shortage. 90% wells and 43% handpumps in a radius of 3
km from the plant in Mehdiganj have been affected by the Coca Cola
plant here.

             In addition these plants by producing a sludge containing
Cadmium, Chromium and Lead pose serious threat of contamination of
the groundwater and to human health. Study by a scientist in Kerala
shows that average weight of new born children in the vicinity of the
Coca Cola plant has gone down by 200 gms.

             These companies use unethical ways of doing business and
are known to influence political parties, officials and the media so
that no action is taken against them. They have encroached upon Gram
Sabha lands, default on payment to the government to the extent of
crores of Rupees, indulge in labour rights violations and
discriminatory practices.

             Because of the unhealthy nature of drinks and its
unethical practices, schools and universities across states in India,
U.S., England and Canada are placing a ban on sales of products of
these companies.

             The farmers of India and students on campuses in North
America are against privatization of water and are determined to
fight to put these companies out of business. The yatra from the Coca
Cola plant in Mehdiganj, Varanasi to the national Coca Cola
headquarters in Gurgaon is a campaign signaling the beginning of the
end of Coca Cola and Pepsico in India. You are requested to join this
campaign and boycott the products of these companies so that it
becomes uneconomical for them to stay here.

The yatra is organized by Lok Samiti and National Alliance of
People's Movements.

Contact:
Nandlal, Lok Samiti & NAPM, Mehdiganj, Raja Talab, Varanasi, PIN
221311, Ph: 542-2632433, Mobile: 9415300520, 9839017693, e-mail:
napm_up@...

Sandeep, Asha Parivar & NAPM, A-893, Indira Nagar, Lucknow-226016,
Ph: 522-2347365, Mobile: 9415022772, 9839073355, e-mail:
ashaashram@...

Yatra Schedule and local contacts:
*************************
10th September, 2006, afternoon, Mehdiganj, Nandlal, Varanasi,
9415300520, 9839017693
10th September, 2006, evening, Chirai Gaon, Surendra, Varanasi, 0542
2616289
11th September, 2006, afternoon, Ghazipur, Brij Bhushan Dubey,
9450722021
11th September, 2006, evening, Mau, Arvind Murti, 9839835032
12th September, 2006, afternoon, Sinhachawar, Ballia, Balram,
9450532465
12th September, 2006, evening, Ballia, Balram, 9450532465
13th September, 2006, afternoon, Deoria, Keshav, 9839883518
13th September, 2006, evening, Gorakhpur, Manoj Singh, 9415282206
14th September, 2006, afternoon, Faizabad, Dinesh Singh, 9415984507
15th September, 2006, afternoon, Barabanki, Santosh Mal, 05248 229416
15th September, 2006, evening, Sultanpur, Sanjay Singh, 9838698664
16th September, 2006, afternoon, Jaunpur, Sachin Agarwal, 9415255042
16th September, 2006, evening, Jaunpur, Sachin Agarwal, 9415255042
17th September, 2006, afternoon, Satharia, Jaunpur, Sachin Agarwal,
9415255042
17th September, 2006, evening, Allahabad, Manoj Tyagi, 9415279612
18th September, 2006, afternoon, Chitrakoot, Madhavi, 9415104361
19th September, 2006, afternoon, Banda, Sanjay Singh, 9415114151
19th September, 2006, evening, Jhansi, Krishna Gandhi, 9415057538,
Sanjay Singh, 9415114151
20th September, 2006, afternoon, Kanpur, Mahesh, 9838546900
21st September, 2006, afternoon, Lucknow, Arundhati Dhuru,
9415022772, Bobby Ramakant, 9839073355
22nd September, 2006, afternoon, Hardoi, Radhey Shyam Kapoor,
9838646247
22nd September, 2006, evening, Sitapur, Arunesh Mishra, 9415164773,
Ramsagar Verma, 9451209863
23rd September, 2006, afternoon, Shahjahanpur, Ramesh Bhaiyya,
9415035035
24th September, 2006, afternoon, Muradabad, Prem, 9412839020
25th September, 2006, afternoon, Muzaffarnagar, Munesh Gupta,
9837144590
26th September, 2006, afternoon, Meerut, Krishna Kumar Khanna, 0121
2763037, 2773298
27th September, 2006, afternoon, Aligarh, Abdul Hafiz Gandhi,
9897756081
28th September, 2006, afternoon, Hathras, Sachindra Kumar Singh
28th September, 2006, evening, Mathura, Manoj Vashistha, 9319902596
29th September, 2006, afternoon, Dr. Manorma Sharma, 9412259491,
Rajeshwar, 9871602612
30th September, 2006, afternoon, Bharatpur, Sawai Singh, 9413200044
1st October, 2006, afternoon, Kala Dera, Rameshwar Kudi, 9414049053,
Mukuj Yogi, 9829936140
2nd October, 2006, afternoon, Jaipur, Sawai Singh, 9413200044
3rd – 5th October, Delhi, Rajendra Ravi, 9868200316, Faisal,
9313106745, Shreeprakesh, 9818030423, Rajeshwar, 9871602612,
----------------------------------------------------------

HUNGER-STRIKE: Fast for a visa-free and peaceful South Asia
************************

Comment: 2nd Visa free and Peaceful South Asia Convention is
beginning in Lahore, Pakistan tomorrow. 1st Visa-free and Peaceful
South Asia convention concluded in 2005 (New Delhi, India). The
declaration from the first Convention is attached below for
reference.
----------------

1) FAST FOR A VISA FREE AND PEACEFUL SOUTH ASIA
     - Report from 2nd Visa-free and Peaceful South Asia Convention,
Lahore, Pakistan (September 17-18, 2006)

2) DECLARATION: 1st Visa-free and Peaceful South Asia Convention, New
Delhi, India (2005)
-------------------------------------

1) FAST FOR A VISA FREE AND PEACEFUL SOUTH ASIA
     - Report from 2nd Visa-free and Peaceful South Asia Convention,
Lahore, Pakistan (September 17-18, 2006)

	 Today activists of Pakistan and India, for the first time in
the history of Pakistan will jointly fast (sit on hunger strike) at
Lahore Press Club to demand for a South Asia in which citizens are
allowed to freely move across borders of countries without any
requirement of passports or visas and in which there are no dangerous
weapons like nuclear weapons and land mines. We feel that only under
such circumstances South Asia will get an opportunity to develop into
a strong economic union which will pave the way for betterment of
citizens of all countries. The precious resources now going into arms
race will be spent on useful and necessary services like education
and health care for all.

	 History proves that arms do not provide any security at all.
On the other hand they increase our insecurity, further fuelling
another round of arms race. True security can be derived only from a
relationship based on complete mutual trust. Such is the kind of
security atmosphere that we would like to create in South Asia. Be
creating hurdles in the way of citizens desiring to travel between
Pakistan and India we violate the basic human rights of people.
People have a right to travel across borders to see friends,
relatives, religious places and attend events. But a meaningless set
of rules, some beyond comprehension of ordinary human beings, and
arbitrary manner of decision taking subjects citizens to humiliation
and harassment. This time a 12 year old girl from India Sara Jamal
was given visa without her mother being given clearance to travel to
Pakistan. How do we expect a 12 year old girl to travel on her own?
Is there any meaning in subjecting out citizens to this mindless
bureaucracy? It is time we remove all travel restrictions and allow
citizens of Pakistan and India a porous border, which happens to be
the most popular demand of people on both sides.

	 This is the second such fast in the history of the sub-
continent. Last year on 9th August, Nagasaki Day, 40 citizens from
Pakistan joined their Indian counterparts to observe a one day fast
at Rajghat, Mahatma Gandhi's samadhi in New Delhi, for a visa free
and peaceful South Asia. This followed the Delhi to Multan Peace
March from 23rd March to 11th May, 2005, the first time in the
history of sub-continent when Indians and Pakistanis walked together
on streets of both countries to demand peace and friendship between
the two countries.

	 On this occasion, popular singer from Hyderabad, Andhra
Pradesh, Ghazal Srinivas has brought with him a musical album
prepared by him during the India Pakistan Peace March last year. This
CD called `Shanti Yatra' is also being released today. We are also
honoured to have amongst us today another prominent singer Seema
Sehgal, originally from Jammu & Kashmir, who has produced albums on
the poetry of Ali Sardar Jafri and Alama Iqbal dedicated to India
Pakistan peace and friendship. We hope that musical contributions
today by Seema Sehgal and Ghazal Srinivas will cement the relations
between people of the two countries so that we will never go back on
the path to peace.

	 We appeal to common citizens of the sub-continent to join and
strengthen the movement for a visa free and peaceful South Asia.

Dated: 17th September, 2005

Saeeda Diep & Sandeep Pandey

=====================================================================

2) Declaration: 1st Visa-free and Peaceful South Asia Convention, New
Delhi, India (2005)
      August 7-8, 2005
****************

RESOLUTION passed by hundreds of delegates from India, Pakistan,
Nepal and Bhutan in the `Visa-free and Peaceful South Asia
Convention' held in New Delhi from August 7 to August 8, 2005:-

We, the delegates of this convention hereby resolve that the
following steps be taken both by civic society and the governments of
South Asia:

1. Relations among the countries of South Asia be further
strengthened and the peoples of these countries be given full freedom
to meet each other. For this, these countries should become visa-free
so that the common socio-cultural and historical heritage of the
region is taken forward, trade is enhanced and the countries of SAARC
move towards giving shape to the idea of an economic union. It is
further resolved that in the present circumstances students and
teachers of schools, colleges and universities be given top priority
in the granting of visas, keeping in view the above stated objective.

2. Democratic values be strengthened in these countries and rights of
the people be protected especially in the context of women, and
deprived sections of society. Laws discriminatory towards these
sections in these countries be repealed forthwith and positive steps
be taken in this direction.

3. Steps should be taken to restore democracy in Nepal and Bhutan,
for, in our opinion, monarchy is a major hurdle in the overall
sustainable development of these countries. We whole heartedly
support the struggle for democracy and for the formation of a
constituent assembly being carried out by the political parties in
Nepal. The problems of Nepal should be resolved in a peaceful and
people-friendly manner. Further, the citizens of Bhutan waging a
struggle for democracy in their country and forced to live in exile
should be unconditionally allowed back into Bhutan.

4. We believe that what is stated above is possible only if there is
peace in the region. For this, it is imperative that all countries of
South Asia resolve to stop the militarization of the region, and
India and Pakistan put an end to all nuclear weapons. All the
countries should stop any increase in their defense budgets; they
should take steps to bring about a decrease of a minimum of 10% per
annum in this budget and allocate the resources thus saved for issues
of concern to the common man such as health and education. Moreover,
the expenditure on defense should be publicly transparent.

5. India and Pakistan should agree on the creation of a Nuclear-
Weapons Free Zone in South Asia on a time bound basis. Further the
SAARC states should conclude a South Asian No-War pact to facilitate
South Asian economic cooperation.

6. No country of the region should get into any agreement with any
super power that is likely to create a danger for the autonomy and
sovereignty of any of these countries.

7. All the problematic issues among the SAARC countries should be
resolved by way of talks without resorting to arms. In this context,
the problem of Jammu and Kashmir be resolved after taking into
consideration the wishes and aspirations of the people of Jammu and
Kashmir.

8. Given the common socio-cultural and historical heritage of the
region, the activities of communal and fundamentalist forces in any
of these countries are likely to have repercussions for the rest of
the region. We therefore resolve that for peace and friendship to be
sustained in the region, the nefarious designs of all such forces be
challenged and all progressive forces be strengthened in the region.

9. We believe that the processes of globalization go against the
rights of the common man and create hurdles in the way of the
autonomy of the region. The multinational companies, propped up by
these processes, use the natural resources of water, land and forests
of these countries for their own profit and thus encroach upon the
legitimate rights of the people. We therefore resolve to support all
pro-people movements in their struggle against the forces of
globalization acting under the directions of WTO, World Bank and IMF.
We also oppose the veto powers of representatives on bodies like IMF,
World Bank, UNO and WTO, for they go against the spirit of democracy.
______________________________________________________________________

TRIBUNE: Woman slits abdomen for delivery
Shahira Naim, shahira@...
Tribune News Service
---------------

......E..X..C..E..R..P..T..S...........

NEARLY 136,000 MATERNAL DEATHS OCCUR ANNUALLY, MOST OF WHICH CAN BE
PREVENTED. THE MATERNAL MORTALITY RATIO IN INDIA IS 540 MATERNAL
DEATHS PER 100,000 LIVE BIRTHS, RISING TO 619 in RURAL AREAS
...........................


Comment: India accounts for more than 20% of the global maternal and
child deaths, and also records 20% of births worldwide. Approximately
30 million women in India experience pregnancy annually, and 27
million have live births. Of these, nearly 136,000 maternal deaths
occur annually, most of which can be prevented. The maternal
mortality ratio in India is 540 maternal deaths per 100,000 live
births, rising to 619 in rural areas. States with high maternal
mortality include Rajasthan, Madhya Pradesh, Jharkhand, Orissa, Uttar
Pradesh and Bihar.

Given the high maternal mortality rate in India, the women who lose
their lives as a result of pregnancy and childbirth remain invisible
in general.
----------------------------

TRIBUNE, September 13, 2006


LUCKNOW: Writhing in pain 25-year-old Shiv Kumari with her stitched
up abdomen is still not out of danger. Unable to bear labour pains
for four continuous days she had slit her abdomen by a blade in an
attempt to perform a cesarean section on herself. The severe pains
made her deliver her sixth child instantaneously.

Making a mockery of the state government's claims of safe
institutional delivery, a heavily bleeding Shiv Kumari was brought to
the King Geroge Medical College University's trauma centre on Monday
evening by villagers, including the gram pradhan after her crude
attempt to self deliver her child.

A team of doctors headed by head of the general surgery department,
Dr Ramakant, stitched up her uterus and abdomen and are "doing
everything possible" to save her. "We may have to resort to iron
therapy if we can not arrange for at least 3 to 5 bottles of rare A
(negative) blood", pointed out Dr Ramakant

If she had been brought even half an hour late she may not have
survived and would have succumbed to excess bleeding, admitted Dr
Ramakant who still does not consider her completely out of danger as
her hemoglobin level at 5 gm per cent is still alarmingly low.

According to Dr Ramakant, the cut made by the woman was comparable to
a surgeon's incision. "It was vertical and so deep that she had even
slit her uterus causing the excessive bleeding".

A resident of Bhaundari village of Mohanlalganj block on the
outskirts of Lucknow, Shiv Kumari, an OBC, kept requesting her daily
wage-earning husband Kishan Pal to take her to the doctor.

Speaking to TNS in a barely audible whisper an extremely weak Shiv
Kumari said: "He earns 40 rupees a day and assured to take me to a
doctor when he manages to save some money in a few days time ".

The only other adult member of her family, her aging mother-in-law
was equally helpless. The village dai who visited her expressed her
inability to help her as according to her Shiv Kumari was very weak
and the child was `sookha' and therefore she could not help her
deliver.

On Sunday night when she could bear the pain any more Shiv Kumari
slit her abdomen and the pain made her have a normal delivery. She
passed off soon thereafter. On hearing the child's cry her husband
came in from the courtyard where he was sleeping. The blood probably
made him nervous. With the help of villagers he first took her to a
private clinic that referred the heavily bleeding woman to the KGMU.
The male child has survived and is being looked after by mother-in-
law while Shiv Kumari recovers in hospital.

The case of Shiv Kumari is not only a tale of utter negligence on
part of her family but also the complete absence of any state health
care. She says that all her six children were born at home. No
auxiliary nurse midwife (ANM) ever visited her to administer the much
touted tetanus injection, provide her with iron, folic acid tablets
or even supply her information about contraceptives.

The children have survived despite the absence of routine
immunization. She says that during one of the last rounds of pulse
polio campaign she refused to let her children have the drops as a
mark of protest.

When the doctor summoned her to the PHC to enquire why did had
refused polio drops for the children she frankly told him that she
will allow polio drops only if her children are registered at the
anganwadi centre for food supplement.

Following her protest two of this gusty woman's children have started
getting food supplement under the ICDS programme.
------------------

Available online at:
http://www.tribuneindia.com/2006/20060913/nation.htm#4
------------------

TRIBUNE Correspondent SHAHIRA NAIM's email is shahira@...
and treating Surgeon's email id is ramakantkgmc@...

TRIBUNE: Commercialisation of water must stop: Pandey
by Vibha Sharma
The Daily Tribune (India)
Sunday September 10, 2006
  -------------------------

…………….E..X..C..E..R..P..T..S……………………..

FOR MAGSAYSAY AWARD WINNER SANDEEP PANDEY, MAHATMA GANDHI'S STATEMENT
THAT THE EARTH HAS ENOUGH RESOURCES TO TAKE CARE OF EVERYONE'S NEEDS
BUT NOT ENOUGH TO FULFILL EVEN ONE PERSON'S GREED FORMS THE BASIS OF
HIS FIGHT AGAINST COLA MAJORS — COCA-COLA AND PEPSICO — IN THE
COUNTRY.
-----------------------------------------------


FOR Magsaysay Award winner Sandeep Pandey, Mahatma Gandhi's statement
that the earth has enough resources to take care of everyone's needs
but not enough to fulfill even one person's greed forms the basis of
his fight against cola majors — Coca-Cola and PepsiCo — in the
country.

The 41-year-old social activist's years of dedication won him the
Ramon Magsaysay award, the Asian equivalent of the Nobel Prize in the
Emergent Leadership Category in 2002. He has also been in the
forefront of the campaign for Right to Information. Sandeep says his
current struggle against Coca-Cola is "rooted in the bigger context
of water privatisation".

It was in 1991 that Sandeep, along with his two friends founded Asha,
an education programme for underprivileged children during his
student days in the University of California. The NGO now has
chapters in India, the US and other countries.

A Ph.D in Mechanical Engineering, Sandeep quit his IIT-Kanpur job to
devote full time to social activism which, according to him, is now a
way of life." It is from here that I get all my strength", he tells
The Sunday Tribune in an interview.

EXCERPTS:

Q: HOW SERIOUS IS THE WATER COMMERCIALISATION ISSUE THAT YOU ARE MOST
VOCAL ABOUT THESE DAYS?

A: Commercialisation of water is a very serious issue. So serious
that I feel that like hunger deaths which are a reality today, the
commercialisation of this natural resource may lead to a situation in
future where lives of people, especially the poor, will become
severely affected by the water crisis.

Our struggle against Coca-Cola is rooted in the bigger context of
water privatisation, a policy being pushed by the government in the
wake of the emerging water crisis in the country. Inherent in this
policy is the attitude towards water. On one side, water is seen as
an asset and a commodity by the government and international
companies. And on the other, attitude shaped by centuries of
civilisation where water is seen as an essential life creating and
propagating resource.

Q: HOW CLOSE IS THE COUNTRY TO THE CRISIS?

A: Scores of studies by well-known social activists and scientists
have substantial data to prove the gravity of the situation. A
country faces water crisis when the availability of water falls below
1,000 cubic meters per person per year. In India, the current per
capita water available is at 1880 cubic meters. In 1951, this
availability was at 3,450 cubic meters and by 2050, it is expected to
fall to 760 cubic meters.

To take care of this emerging water crisis scenario, the government
is pursuing a policy of water privatisation pressured by the World
Bank, the WTO, the IMF and other development banks within the
framework of its neo-liberal policies introduced since 1991.

The privatisation of water is based on the principle that its
commodification will result in conservation. Now privatisation has
taken many forms like privatisation of rivers through power sector
reforms, bottled water, and carbonated drinks. The core of the
problem is the question of the policy impact on the lives of agrarian
communities, their right to clean water, right to life and food and
right to participatory development.

Q: PESTICIDE CONTENT HAS BEEN WELL DOCUMENTED BY THE CSE. HOW DO COCA-
COLA AND PESPSICO FIGURE IN THE DEPLETING WATER TABLE AND GROUND
WATER CONTAMINATION ISSUE?

A: Dropping water tables is a real problem in the country. The ground
water is being used rapidly due to bad agricultural practices,
resulting out of excessive and indiscriminate use of chemical
pesticides and fertilisers. But commercialisation of water is also
adding to the crisis. The cola companies are not only damaging the
water around the 100-odd factories they have set up in the country by
adding poisonous lead, cadmium and chromium to the ground water
through sludge discharge but also causing water levels to drop at an
alarming rate in the vicinity of the plants.

Our studies show that the rate of drop in water level has exceeded by
1,000 per cent since Coca-Cola came in the Mehndiganj area in Uttar
Pradesh. It is estimated that 92 per cent of a cola drink is
carbonated water. Hence water as a raw material forms the very basis
of Cola companies profit.

Their plants extract up to 15 lakh liters of water per day from the
ground out of which three quarters of the water is released as
wastewater. This huge extraction of water has already dried the
region of Plachimada in Kerala where women have to walk far to get
drinking water.

Q: BUT TO MANUFACTURE THEIR PRODUCT DON'T THEY NEED WATER?

A: They do but not at the cost of the local people. The CSE study has
shown that there are pesticides in soft drinks beyond permissible
levels. By spreading the right awareness, the report has given
consumers a choice, whether to drink carbonated drinks or not. But
farmers and those located near these factories have no such choice.
They need water for their daily needs. If the water table goes down
and their wells and hand-pumps get affected or the quality gets
contaminated by heavy metals, how will they survive?

Q: WHAT IS THE ANSWER TO THESE ISSUES?

A: We just cannot allow commercialisation of water; it has to be done
at the community as well as individual level. The community in
Mehndiganj is waging a non-violent struggle against the plant along
with the National Alliance of People's Movement, Lok Samiti, Sajha
Sanskrutyi Manch and Gaon Bachao Sangarsh Samiti. Soon there will be
a nationwide movement to spread awareness on this issue.

Q: YOU SAY BAD AGRICULTURAL PRACTICES ARE ALSO A CAUSE FOR THE
FALLING WATER TABLE. WHAT IS THE SITUATION IN PUNJAB AND HARYANA?

A: Right now bad agricultural practices leading out of excessive and
indiscriminate use of chemical fertilisers and pesticides is
resulting in farmers using more water than what would be required for
organic farming practice.

The situation in Punjab and Haryana is even worse because farmers
have been encouraged to adopt green technology. The only way to take
care of the ground water there is reverting back to organic farming
and planting more trees.
-------------------------

This article is available online at:
http://www.tribuneindia.com/2006/20060910/edit.htm#1

This week's headlines in The SouthAsian 

Details at : http://www.thesouthasian.org

Dear Friends: 

To help communities voice their concerns about policies impacting them, we are starting an audio version – Radio South Asian. In the first presentation, we interviewed Nandlal. We will have more coming – for you to read and listen. 

On the Right to Water Campaign

In an interview with Nandlal on the first day of the Jal Adhikar (Right to Water) Yatra, we learn about the goals of the yatra, the importance to right to water and evidence of Coke's role in the rapidly dropping water levels in Mehdiganj.

http://www.thesouthasian.org/archives/2006/on_the_right_to_water_campaign.html

Action Item

Say No to proposed EIA amendment

Environmental Laws Changed to Suit Industry; People Not 

Consulted. Disastrous Notification Likely to be Announced Soon

1. Call Environment Minister A. Raja (91 11 23010468, 23010764) 

2. Mail MoEF at envisect@... and express your strong concerns about this secretive and fastrack move 

3. Sign the Petition opposing this ad
 hoc amendment http://petitions.aidindia.org/eia-notification/supporters.php 

Read about it at:

http://www.thesouthasian.org/archives/2006/say_no_to_proposed_eia_amendme.html

Community Holds District Administration Accountable

Hingoli, one of the most backward districts in Marathwada region of 

Maharashtra, is witnessing a great step forward as people are holding the inefficient and corrupt local government accountable during last four months.   

http://www.thesouthasian.org/archives/2006/community_holds_district_admin.html

Mutur Communities Forced Back To Insecurity?

While the Sri Lankan government has presented that Mutur is cleared for displaced Muslims who have moved back, various sources in Sri Lanka suggest that the displaced communities are being forced back into Mutur as part its propaganda.   

http://www.thesouthasian.org/archives/2006/mutur_communities_forced_back.html

Bangladeshis Lose Land
 to Mining Companies

I have lost a son, maybe I'll lose another, but I won't let them setup a coalmine here. To Tahmina Begum who had lost her son Toriqul to police bullets, her land was also her family.

http://www.thesouthasian.org/archives/2006/bangladeshis_lose_land_to_mini.html

Jal Adhikar Yatra Takes Off

The Jal Adhikar (Right to Water) Yatra that makes its way through communities in UP, MP and Rajasthan that are demanding respite from privatization of water, its indiscriminate overuse by for profit agencies and falling of water tables. 

http://www.thesouthasian.org/archives/2006/jal_adhikar_yatra_takes_off.html

Coke Responsible for Water Depletion

A study of the water tables in the communities around the Coke bottling plant shows that activities in the plant have severely affected water 

availablitiy in the region. 

http://www.thesouthasian.org/archives/2006/coke_responsible_for_water_dep.html

Dharna Planned in Pallakad against Colas

The Anticocacola struggle commitee staged a Dharna in front of Kerala 

Pollution Control Board DisrtictOffice Palghat 0n Sept 2. More than three hunderd people including
 women from Plachimada took part in the 

Dharna.

http://www.thesouthasian.org/archives/2006/dharna_planned_in_pallakad_aga.html

A Betrayal of a Community

The battle for Muttur is apparently over. As the state media proclaims Government in Full Control of Muttur.

http://www.thesouthasian.org/archives/2006/a_betrayal_of_a_community.html

Ye Azadi Kya Jhoota hi Rahega?

Sandip Dasverma argues that freedom in India is a falsity for most and unless some serious changes are made, will perhaps remain that way. 

http://www.thesouthasian.org/archives/2006/ye_azadi_kya_jhoota_hi_rahega.html

Member of Parliament Pulls up Government on Coke

Veerendra Kumar, Member of Parliament from Kerala presents an open letter questioning the government's position vis-a-vis Coke and Pepsi, the content in their beverages and policies relating to them. 

http://www.thesouthasian.org/archives/2006/post_5.html

Sindhi Group Condemns Killing of Balochi
 Leader

Pakistani government reported that tribal leader Nawab Akbar Bugti has been killed in a battle between tribal militants and government forces in Balochistan province.

http://www.thesouthasian.org/archives/2006/sindhi_groups_condemn_killing.html

Sri Lankan Displaced Crowd Camps

Civic society groups have presented a stark report on Sri Lankans displaced from Trincomalee by the new round of violence. 

http://www.thesouthasian.org/archives/2006/sri_lankan_displaced_in_camps.html

Peace Without Appeasement: Honoring Kethesh

This article by Qadri Ismail, published in Tamilweek.com, while honoring one who was committed to peace in Sri Lanka - peace not defined by absence of killings but also inclusive of exploitation, intimidation and intimidation - also points of much of what the peace process is missing. 

http://www.thesouthasian.org/archives/2006/peace_without_appeasement_hono.html

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thesouthasian_headlines-unsubscribe@yahoogroups.com 

SUNDAY-SOUTHASIAN: The RTI Act amendment: Untenable and illegitimate
K S Subramanian
kadayam39@...
-The writer is a former member of the IPS and former Director of the
Research and Policy Division of the Union Home Ministry
----------------------

Published in Mainstream July 30 2006

"WHY SHOULD NOT SUCH POLITICAL SURVEILLANCE BY THE INTELLIGENCE
BUREAU (IB), WHICH IS DIFFERENT FROM ITS LEGITIMATE TASKS IN DEALING
WITH THE SUBJECTS OF COUNTER-INTELLIGENCE, ESPIONAGE, SABOTAGE AND
TERRORISM, BE BROUGHT UNDER THE PURVIEW OF THE RTI ACT?"



It was Charles Bettelheim who once said that the Indian bourgeoisie
is the cleverest bourgeoisie in the world. The recent amendment
proposed by the central government to keep out of the purview of the
Right To Information Act, 2005, the so called `secretary-level' (even
an `under secretary' is a secretary to the government) notes on
files, is a good example of this inbuilt cleverness of the Indian
bourgeoisie. This is over and beyond the provision for exemptions
under section 8 of the Act, which relate to national security and
other issues. Thus, while on the one hand an Act on the Right to
Information is enacted to please the public, on the other hand
efforts are mounted to clip its wings to cover up the secret and ugly
underbelly of the State.

Large areas of democratic political activity get treated as `secret'
and `top secret' since `national security' is a catchall concept.  In
the 1980's, the Intelligence Bureau (IB) conducted surveillance on
President Zail Singh, who was alleged to have links with elements in
the Sikh movement in Punjab. Similar surveillance was conducted over
a leader of the ruling Congress party as he was felt to have become a
political threat to its then supreme leader. The former Defence
Minister Jagjivan Ram was placed under watch since he displayed prime
ministerial ambitions. These are routine political activities in a
raucous and fractious democracy. Why should not such political
surveillance by the Intelligence Bureau (IB), which is different from
its legitimate tasks in dealing with the subjects of counter-
Intelligence, espionage, sabotage and terrorism, be brought under the
purview of the RTI Act?

Secretary level notes on files are dime a dozen in the government of
India. Why should protection be afforded to them under the RT I Act?
An amendment of the Act to that end is a betrayal of the democratic
pretensions of the Indian State. From the 1960's to the 1980s' the
Union Home Ministry's Research and Policy (R&P) Division produced
several reports on agrarian tensions, communal violence, student
unrest, Naxalite activities and so on. Many of these reports were
classified for no legitimate reason and were thus not available to
the public.

The IB is the main reporting agency of the Union Home Ministry and it
has a Pavlovian reflex about anything remotely connected with the
communist movement although the communist movement can no longer be
perceived to be a security threat to the Indian State even if such a
threat might be said to have existed during the survival of the
Soviet union. Naxalite violence is a particular bugbear. The
Naxalites in many states are mainly demanding enforcement of minimum
wages, protection of civil rights and the dignity of women and the
proper implementation of rural development policies and programs for
the scheduled castes and tribes.  The classification of the reports
on Naxalite activities only help protect the police who often indulge
in gross abuse of human rights of the poor and give false reports on
the number of deaths in police `encounters'. In a series of violent
incidents in the central districts of Bihar in 1981, both the state
police agencies and the Central IB reported the number persons killed
in police actions against Naxalites to be 12 persons, all of whom
were reported to be `Naxalites'. However, the chief secretary of the
state, who attended a meeting later in the Union Home Ministry,
admitted that the numbers of persons killed in police `encounters'
was nearly 60 and not just 12 as reported by the local police and the
IB in league with each other to protect the police. Not one of them,
he stated, was a `Naxalite'! The minutes of the meeting at which this
admission was made were classified as `top secret'! To what purpose?
To protect the morale of the state police and protect the DM and SP
of the district from suspension and prosecution? Such instances can
be multiplied.

There is no earthly justification for protecting the ugly facts about
administrative and police behaviour at the cutting edge level from
public scrutiny and action. The only conceivable reason for doing so
would perhaps be the fact that the administration is unable to
successfully implement development programmes and schemes for the
poor in a fair and legal manner to meet the increasing political
awareness and consciousness of the people over their human, legal and
social rights under the Constitution and general and special laws of
the land.

The post-colonial Indian State must reform itself if it wants to
retain a degree of legitimacy and credibility in the eyes of the
Indian public. Politicians in power have a special responsibility to
bring far reaching administrative and police reforms. The recent
government move in setting up the Police Act Drafting Committee
(PADC) to revise the Police Act of 1861 is cold comfort in the face
of the massive human rights violations by the police during the
genocide in Gujarat 2002, the demolition of the Babri Masjid in 1992,
the Bombay killings of 1992-93 and the anti-Sikh carnage of 1984,
which underline the need for fundamental police reforms. Further, the
PADC does not include a single woman in the context of the increasing
violence against women reported by official agencies themselves. Why
cannot the proceedings of the PADC be made available to the public
under the RTI Act?

(The writer is a former member of the IPS and former Director of the
Research and Policy Division of the Union Home Ministry)
Email: kadayam39@...

RESPONSE: Saving RTI also means appointing right people to SIC
Arvind Kejriwal
Parivartan, New Delhi, India
Email: parivartan_india@...
-----------------------------


Comment: This response from Magsaysay Awardee 2006 Arvind Kejriwal is
to a valid question raised by Mr Naveen Tiwari, (POINT-TO-PONDER:
Saving RTI also means appointing right people to SIC), which is
available online at:
http://uk.groups.yahoo.com/group/DailySouthAsian/message/845
Meher Engineer had also responded with a frontline experience of
trying to get a copy of an official Gazette in WB, (The Kolkata
Gazette ~ aka The ELUSIVE Gazelle!), which is available online at:
http://uk.groups.yahoo.com/group/DailySouthAsian/message/846
-------------------


"THESE COMMISSIONERS, HAVE SILENTLY AMENDED (OR RUINED) THE R.T.I.
ACT. WHEREAS THE ENTIRE COUNTRY FOUGHT AGAINST AMENDMENTS, NONE IS
PAYING ATTENTION TO THIS CRITICAL QUESTION" - Arvind Kejriwal


Dear Naveen,

I fully agree with what you are saying. In fact, I have been
insisting with all RTI activists that we need to focus on Information
commissioners. These commissioners, have silently amended (or ruined)
the RTI Act. Whereas the entire country fought against amendments,
none is paying attention to this critical question.

But the bigger question is "what do we do?" In Delhi, we are
organizing a public hearing on 24th September, 2006, in which the
information commissioners will come and their orders will be publicly
discussed. We hope to build public pressure on them to change.

But what else should we do? Please suggest.

In solidarity

Arvind Kejriwal
(Parivartan)
Email: parivartan_india@...

FRIDAY SPOTLIGHT: The Kolkata Gazette ~ aka The ELUSIVE Gazelle!
Meher Engineer
Mengineer2003@...
----------------------------------------

Comment: Please read below the first hand sordid saga of a person
trying to find a copy of the Gazette in West Bengal. This is in
response to a critique penned by Mr Naveen Tiwari ("Saving RTI also means
appointing right people to SIC") available online
at: http://uk.groups.yahoo.com/group/DailySouthAsian/message/845

While the civil society is wholly engrossed in saving RTI Act, state
governments have been appointing people to State Information
Commissions on adhoc basis, not necessarily apt and responsible
enough for these posts. If we don't stop ignoring this process and
put our heads together to spruce up a well-laid out mechanism to make
sure that right people get appointed to SIC, we are bound to end up
with another ineffective institution of Information Commissions. Read
more….
-------------------

Friends,

I fully endorse Naveen Tiwari's ideas. In support of them, please
read the below article published in The Statesman, a view on the RTI
in Kolkata, and then imagine the state of affairs in the remoter
parts of "advanced" West Bengal...for example in Cooch Beehar.
regards

Meher Engineer
Mengineer2003@...
---------------------------------------------------

THE KOLKATA GAZETTE~aka THE ELUSIVE GAZELLE
The Statesman
September 3, 2006
-------------------------------

- "This is my story of trying to find a copy of the Gazette in the
age of Right to Information"
……………….

"Ignorance of the law is no excuse for breaking it" goes an old
dictum of criminal jurisprudence. That is a fair position considering
how many lawbreakers would demand to be let off if the courts thought
otherwise. But fairness also requires that adequate efforts be made
to inform people about the laws they need to abide by. People need to
know the rules, orders, byelaws and regulations that public servants
formulate for implementing these laws. This requires that the
government put in place systems for disseminating information about
its working.

Every government in India publishes its own newspaper called the
Gazette which carries the text of all laws passed; rules made; orders
issued; in fact every important matter a government decides that the
people ought to know. Publishing information in the official gazette
implies, its entry into the public domain. The Gazette is an
important source of information to public officials as well. But how
accessible are these Gazettes themselves? This is my story of trying
to find a copy of the Gazette in the age of Right to Information.

One humid afternoon in Kolkata, I chanced upon a photocopy of the
West Bengal Right to Information Rules at a workshop. Not satisfied
with a photocopy, I decide to look for the original notification
published in March in the Kolkata Gazette. Certain good samaritans
advise me to visit the New Secretariat Building on KS Roy Road.
Being a Delhi'ite, I ask the staff at this sales counter in Hindi for
a copy of the Kolkata Gazette dated 29 March, 2006. Pat comes the
reply ~ "Aise nahin milega, number batayiye." I show the gentleman
the number printed at the right hand top corner of my copy. "Kya
cheez ke baare mein hai?" is the next question. He looks at my copy
of the Rules for a while.

His eyes brighten up behind the thick glasses as he says, "Yeh to
purana hai, sab khatam ho gaya. BG Press jayiye. Wahaan sales counter
mein purana issue shayad mil jayega." Not to be discouraged, I ask
him how is it possible for all copies to have been sold out.

Surely there were a few copies lying in stock somewhere inside the
backrooms. Nodding his head, he tells me all copies would have been
picked up by government officers. The man had not moved an inch in
his seat and yet he seemed to have the entire inventory position of
the back numbers of the Kolkata Gazette on his fingertips. I have no
choice but to ask for directions to BG Press.

It is almost 1 o' clock as I reach the sprawling compound of BG
Press. About seven men of all ages and two women are sitting in a
large, gloomy hall that passes for the sales counter on the second
floor. I take Hobson's choice and start my inquiries with the chap
sitting closest to the door. He is busy copying something from what
looks like a handbill inserted in newspapers. He tells me, "number ke
bina nahin milega". I give him the number of the Gazette. He gives me
an uncertain look and says, "Woh Gazette ko dekhnewaale baahar gaye
hain, thoda wait kijiye" and motions me towards a bench.

As I look around, I see two officials are having a pre-lunch siesta.
A woman official is multi-tasking, knitting a cardigan and chatting
with her colleague. The hall has loads of bundled up copies of old
issues of the Kolkata Gazette lying in heaps. Several piles are so
damp and dust-laden that they would not survive the journey to the
raddiwala's. After a 10-minute wait, the gentleman seems to have
finished copying the handbill. I ask him whether he could look for
the issue as I have the number. Confidently, he replies, "Hum dekh
sakte hain lekin confirm nahin bataa sakte." I tell him that he
merely needs to match the numbers on the copy with the original and
that should do the trick. He gives me a quizzical look. A few seconds
lapse, he relents and assures me, "Woh neeche gaye hue hain. Agar
nahin aaye to hum dekhenge, lekin confirm nahin bataa sakte."

After a further 10-minute wait, I move to another table where three
men are discussing something seriously in Bengali. A fourth is dozing
away. I repeat my query only to be gifted with the same
reply, "Please wait for the other official to come. He knows where
gazettes are kept."

Ten more minutes have passed as I continue waiting. I start worrying
as it is almost lunchtime. Looks like my stars are smiling again. The
official asks for my copy and walks into an ante-room with it. I
curse myself for not telling him I need two copies. I voice my
request as the official comes out. "Pehle mile to sahi," he tells me
smilingly.
After a while, a third official walks out of the ante-room waving my
copy. He comes over and says something in Bengali. I do not
understand a word. I hurry up to the table again and ask the
officials for a translation. Voila! The sleeping beauty now wide
awake comes to my assistance. He tells me, that issue is not
available in stock. Miffed as I am, I ask whether the copies have
been exhausted.

"Nope. That issue of the Gazette has not been delivered in the first
place!" "But isn't this the BG Press?" I challenge him. "Yes it is,
but this issue is printed at the Kadapara press," he says, and shows
me the address at the bottom of the copy. He is correct.

I ask, "Is it not almost three months old? How could it not have been
delivered?" He checks the date again and nods his head
disapprovingly. "Those chaps at that press do not deliver stocks
regularly. Hence this problem."

Not one to give up, I ask him for the address of the other press. He
hesitates. Suddenly his eyes brighten up. "Lekin wahaan jaane se koi
faayada nahin hai. Wahaan sales counter nahin hain. Aapko wahaan
nahin milega. Woh jab hi print karte hain idhar bhejte hain aur idhar
se distribute hota hai. Jab tak idhar nahin aayega, aapko kahin nahin
milega."

That does it for me. I have been checkmated by the efficiency of the
system. Not to give up on the last straw, I ask him if I could get
hold of a copy of the RTI Rules published by the West Bengal Vidhan
Sabha and Kolkata High Court. I should have guessed the answer
~ "Number nahin hai to bahut mushkil hai milna. Aap number layiye to
dekhenge." I walk out of the hall, dejected, utterly frustrated and
seething inside.

If democracy is government of the people, by the people, and for the
people why do people in government treat people outside government in
this manner? Is specialisation of tasks of such a high order in a
government press that one official who has put in decades of service
in the same office cannot find a copy of a gazette notification in
the absence of its designated keeper?

While crores of the tax payer's money are spent on printing the
gazette, it lies rotting in the sales depots due to the apathy of its
keepers.
They have no qualms dozing away in office but would not spend a
fraction of the time putting their store in order, dusting off the
piles and maintaining a working catalogue of all issues to make
access easy.

Perhaps all this is done. But my experience compels me to think ~ the
Kolkata Gazette is a newspaper of the government, (published) by the
government, for the government. People had better wait until they
have violated some law to be told what it is all about. Incidentally,
West Bengal is amongst a handful of states that are extremely
lethargic about implementing the Right to Information Act, 2005.

- The author is the Programme Coordinator, Right to Information
Programme, Commonwealth Human Rights Initiative, New Delhi

POINT-TO-PONDER: Saving RTI also means appointing right people to SIC
Mr Naveen Tiwari
bantus_interiors@...
-----------

Comment: Mr Naveen Tiwari has rightly highlighted critical damages
impeding RTI movement which will become all the more vital in the
long run. While the entire thrust was to save RTI Act, Governments
have been making adhoc appointments of people not-necessarily apt for
the job, to Information Commission. If we dont stop ignoring this, we
might land up with another ineffective institution to deal with. In an open
letter to Magsaysay Awardee and RTI Activist Arvind Kejriwal, Naveen Tiwari has
definitely thrown the spotlight on a vital missing link - THERE IS NO WELL LAID
OUT POLICY TO APPOINT RIGHTEOUS AND APT PEOPLE TO SIC. Read more...


……… E X C E R P T S ……

STATE GOVERNMENT MAY RENDER THE WHOLE ACT INEFFECTIVE BY APPOINTING
THE WRONG PEOPLE AS INFORMATION COMMISSIONERS

TURNING AN AQUARIUM INTO FISH SOUP IS SIMPLE. TURNING THE FISH SOUP
BACK INTO AN AQUARIUM IS NOT. FOR THE EX- COMMUNIST COUNTRIES,
STABILIZING ECONOMIES AND INTRODUCING MARKET MECHANISMS HAS PROVED
THE EASY BIT. REMAKING PUBLIC INSTITUTIONS, AND MAKING THEM CLEAN AND
EFFICIENT, IS MUCH HARDER TO DO AND MEASURE - (The Economist)
---------------------------------------

Dear Arvindji,

I congratulate you on getting the Magsaysay. Belated greetings though.
I don't know if you remember my last email regarding the state of RTI
Movement in Uttar Pradesh and the way state government may render the
whole
Act ineffective by appointing the wrong people as information
commissioners.

Although you did acknowledge my mail and appreciate the point I made
in my letter we could not take the issue further. I realize how busy
you must be and understand your preoccupation but my own role in the
whole movement is now at a point where I have to take a decisive step
as to which course I should take; the one in which I am a part of the
group led by sandeep and guided by you and arunaji or  go alone in my
own small way and do what I feel is more crucial need of the hour.
Let me explain myself once again:

Although it is very important to jointly fight against the proposed
amendment of RTI
I think it is equally important, if not more, that we see to it that
by the time this fight is over with some success, the governments of
the states do not damage the institution of SIC.
I don't know about the success stories in delhi and other states,
even Lucknow will have some to boast about but these are exceptions.
Look at the simple scenario: if the 1st application for information
doesn't get the right response and the appeal also ends up at the
dead end then a person has the only recourse of going to SIC with
final appeal. Imagine the SIC is just like another bigger version of
Lokayukta having a bunch of ineffective incompetent and callous
appointees drawing fat salaries and almost static for five years.
That would mean that people aggrieved by the decision of the SIC will
have the only option of going to the High court? How many ordinary
citizens can do that? And why people like me who can afford to go to
the high court will waste five months time running between a dead
pillar and a dead post?
  The huge number of frustrated applicants will end up disillusioning
people about the effectiveness of your weapon -RTI.

Although the act was drafted by intelligent people who thought that
if the chief minister
And his colleague cabinet minister tries to bungle with the
appointment of information commissioners at least the leader of
opposition will foil that attempt and public interest will be
protected. But look at the situation in Uttar Pradesh! Both Mulayam
Singh Yadav and Lalji Tandon have no qualms about appointing buffoons
for the job of CIC and IC. And even the Governor is giving his
consent to this open abuse of the norms and propriety  as well as the
spirit of the act.

Let me again draw a  simple parallel example. The best of laws can
not get a person Justice if the judge is corrupt or incompetent or
both. I hope I have been able to bring the point home? This is the
reason why I have been crying my heart out right from the beginning
during the meetings at lucknow but somehow I get the feeling that the
social activist also gets carried away with activism of a popular
kind. If  it is a war it has to be fought on many levels. You cant
win a war by defeating the enemy in the air and getting defeated on
the field because the infantry was in the barracks.

I came across a very interesting passage in The Economist which I
quote:

"Turning an aquarium into fish soup is simple. Turning the fish soup
back into an aquarium is not. For the ex- communist countries,
stabilizing economies and introducing market mechanisms has proved
the easy bit. Remaking public institutions, and making them clean and
efficient, is much harder to do and measure."

If we let  the politicians corrupt the institution of SIC it will be
irreversible and the whole movement of RTI will fail. As the Russian
proverb says, a fish tends to rot from the head.(I quote from the
same article in economist).

Please let us give it urgent attention that it requires lest mulayam
singh will appoint all his stooges as Information commissioners and
strangulate the newborn. Its same story of kansa hounding the avtar
Krishna or king herrod hunting for the child jesus who would be the
savior.

Thanks,

Naveen Tiwari
Email: bantus_interiors@...

IN-FOCUS: Jal Adhikar Yatra
(March for Right to Water)
----------------

(Comment: Please see the ROUTE of the Yatra below, and let the organizers know
by email at ashaashram@... if you can participate in the yatra or help
further the cause. Thanks)
----------------

Jal Adhikar Yatra

Duration: September 10, 2006 to October 5, 2006

Starting from VARANASI and ending at NEW DELHI

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

PEPSI-COKE BHAGAO PANI BACHAO ABHIYAN


               A vehicle yatra will be taken out from the Coca Cola plant in
Mehdiganj, District Varanasi beginning on 10th September, 2006 and ending on 3th
October, 2006 outside the national Coca Cola headquarters at Gurgaon. Coca Cola
and Pepsico plants are guilty of exploiting groundwater to such a dangerous
extent that they are causing water shortage. 90% wells and 43% handpumps in a
radius of 3 km from the plant in Mehdiganj have been affected by the Coca Cola
plant here.

               In addition these plants by producing a sludge containing Cadmium,
Chromium and Lead pose serious threat of contamination of the groundwater and to
human health. Study by a scientist in Kerala shows that average weight of new
born children in the vicinity of the Coca Cola plant has gone down by 200 gms.

               These companies use unethical ways of doing business and are known
to influence political parties, officials and the media so that no action is
taken against them. They have encroached upon Gram Sabha lands, default on
payment to the government to the extent of crores of Rupees, indulge in labour
rights violations and discriminatory practices.

               Because of the unhealthy nature of drinks and its unethical
practices, schools and universities across states in India, U.S., England and
Canada are placing a ban on sales of products of these companies.

               The farmers of India and students on campuses in North America are
against privatization of water and are determined to fight to put these
companies out of business. The yatra from the Coca Cola plant in Mehdiganj,
Varanasi to the national Coca Cola headquarters in Gurgaon is a campaign
signaling the beginning of the end of Coca Cola and Pepsico in India. You are
requested to join this campaign and boycott the products of these companies so
that it becomes uneconomical for them to stay here.

   The yatra is organized by Lok Samiti and National Alliance of People’s
Movements.

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

Contact:
   Nandlal, Lok Samiti & NAPM, Mehdiganj, Raja Talab, Varanasi, PIN 221311, Ph:
542-2632433, Mobile: 9415300520, 9839017693, e-mail: napm_up@...

   Sandeep, Asha Parivar & NAPM, A-893, Indira Nagar, Lucknow-226016, Ph:
522-2347365, Mobile: 9415022772, 9839073355, e-mail: ashaashram@...
------------------------

   Yatra Schedule and local contacts:

   10th September, 2006, afternoon, Mehdiganj, Nandlal, Varanasi, 9415300520,
9839017693
   10th September, 2006, evening, Chirai Gaon, Surendra, Varanasi, 0542 2616289
   11th September, 2006, afternoon, Ghazipur, Brij Bhushan Dubey, 9450722021
   11th September, 2006, evening, Mau, Arvind Murti, 9839835032
   12th September, 2006, afternoon, Sinhachawar, Ballia, Balram, 9450532465
   12th September, 2006, evening, Ballia, Balram, 9450532465
   13th September, 2006, afternoon, Deoria, Keshav, 9839883518
   13th September, 2006, evening, Gorakhpur, Manoj Singh, 9415282206
   14th September, 2006, afternoon, Faizabad, Dinesh Singh, 9415984507
   15th September, 2006, afternoon, Barabanki, Santosh Mal, 05248 229416
   15th September, 2006, evening, Sultanpur, Sanjay Singh, 9838698664
   16th September, 2006, afternoon, Jaunpur, Sachin Agarwal, 9415255042
   16th September, 2006, evening, Jaunpur, Sachin Agarwal, 9415255042
   17th September, 2006, afternoon, Satharia, Jaunpur, Sachin Agarwal, 9415255042
   17th September, 2006, evening, Allahabad, Manoj Tyagi, 9415279612
   18th September, 2006, afternoon, Chitrakoot, Madhavi, 9415104361
   19th September, 2006, afternoon, Banda, Sanjay Singh, 9415114151
   19th September, 2006, evening, Jhansi, Krishna Gandhi, 9415057538, Sanjay
Singh, 9415114151
   20th September, 2006, afternoon, Kanpur, Mahesh, 9838546900
   21st September, 2006, afternoon, Lucknow, Arundhati Dhuru, 9415022772, Bobby
Ramakant, 9839073355
   22nd September, 2006, afternoon, Hardoi, Radhey Shyam Kapoor, 9838646247
   22nd September, 2006, evening, Sitapur, Arunesh Mishra, 9415164773, Ramsagar
Verma, 9451209863
   23rd September, 2006, afternoon, Shahjahanpur, Ramesh Bhaiyya, 9415035035
   24th September, 2006, afternoon, Muradabad, Prem, 9412839020
   25th September, 2006, afternoon, Muzaffarnagar, Munesh Gupta, 9837144590
   26th September, 2006, afternoon, Meerut, Krishna Kumar Khanna, 0121 2763037,
2773298
   27th September, 2006, afternoon, Aligarh, Abdul Hafiz Gandhi, 9897756081
   28th September, 2006, afternoon, Hathras, Sachindra Kumar Singh
   28th September, 2006, evening, Mathura, Manoj Vashistha, 9319902596
   29th September, 2006, afternoon, Dr. Manorma Sharma, 9412259491, Rajeshwar,
9871602612
   30th September, 2006, afternoon, Bharatpur, Sawai Singh, 9413200044
   1st October, 2006, afternoon, Kala Dera, Rameshwar Kudi, 9414049053, Mukuj
Yogi, 9829936140
   2nd October, 2006, afternoon, Jaipur, Sawai Singh, 9413200044
   3rd – 5th October, Delhi, Rajendra Ravi, 9868200316, Faisal, 9313106745,
Shreeprakesh, 9818030423, Rajeshwar, 9871602612,

----------

Dr Sandeep Pandey
National Alliance of People's Movements (NAPM)
Email: ashaashram@...
Phones: +91 522 2347365, 94150 22772, 9839073355

This week's headlines in The SouthAsian 

Details at : http://www.thesouthasian.org

Member of Parliament Pulls up Government on Coke

Veerendra Kumar, Member of Parliament from Kerala presents an open letter questioning the government's position vis-a-vis Coke and Pepsi, the content in their beverages and policies relating to them. 

http://www.thesouthasian.org/archives/2006/post_5.html

Dharna Planned in Pallakad against Colas

The Anticocacola struggle commitee staged a Dharna in front of Kerala 

Pollution Control Board DisrtictOffice Palghat 0n
 Sept 2. More than three hunderd people including women from Plachimada took part in the 

Dharna.

http://www.thesouthasian.org/archives/2006/dharna_planned_in_pallakad_aga.html

A Betrayal of a Community

The battle for Muttur is apparently over. As the state media proclaims Government in Full Control of Muttur. http://www.thesouthasian.org/archives/2006/a_betrayal_of_a_community.html

Sindhi Group Condemns Killing of Balochi Leader

Pakistani government
 reported that tribal leader Nawab Akbar Bugti has been killed in a battle between tribal militants and government forces in Balochistan province.

http://www.thesouthasian.org/archives/2006/sindhi_groups_condemn_killing.html

Ye Azadi Kya Jhoota hi Rahega?

Sandip Dasverma argues that freedom in India is a falsity for most and unless some serious changes are made, will perhaps remain that way. 

http://www.thesouthasian.org/archives/2006/ye_azadi_kya_jhoota_hi_rahega.html

Sri Lankan Displaced Crowd Camps

Civic society groups have presented a stark report on Sri Lankans displaced from Trincomalee by the new round of violence. 

http://www.thesouthasian.org/archives/2006/sri_lankan_displaced_in_camps.html

Peace Without Appeasement: Honoring Kethesh

This article by Qadri Ismail, published in Tamilweek.com, while honoring one who was committed to peace in Sri Lanka - peace not defined by absence of killings but also inclusive of
 exploitation, intimidation and intimidation - also points of much of what the peace process is missing. 

http://www.thesouthasian.org/archives/2006/peace_without_appeasement_hono.html

RTI: The Struggle Continues

A review of three different articles on the importance of complete access to files vis-a-vis RTI by Arvind Kejriwal in The Stateman, Aruna Roy and Nikhil De in The Kashmir Times and Maja Daruwala and Venkatesh 

Nayak in The Daily Tribune. 

http://www.thesouthasian.org/archives/2006/rti_the_struggle_continues.html

Exploring Minority Representation in Democracies

Habib ur Rehman, of the Association of Indian Minorities explores methods of minority representation in other democracies around the world and makes a case for such representation in India.

http://www.thesouthasian.org/archives/2006/exploring_minority_representat.html

Misery imposed by Men, not Nature

What makes submergence, water logging and flash floods so different from floods? While the
 former results from ill-advised decisions taken by individuals, who remain shielded by a system that is shrouded under the culture of secrecy, the latter has been a natural phenomenon just like rainfall.

http://www.thesouthasian.org/archives/2006/misery_imposed_by_men_not_natu.html

A Question from a Pakistani

Faisal Mamsa, a medico in USA presents a question. Do we have any answers? 

http://www.thesouthasian.org/archives/2006/a_question_from_a_pakistani.html

Conundrums of Education

The government dropped the Right to Education bill. Where was the vehemence?  

http://www.thesouthasian.org/archives/2006/conundrums_of_education.html

More Allegations mean Bigger Ads

It is not surprising that the US government has stepped in to try and protect the interests of Coke and Pepsi in India.  

http://www.thesouthasian.org/archives/2006/more_allegations_mean_bigger_a.html

Victory for Democracy in RTI

Under pressure from citizens all over the country, the UPA government has decided not to introduce any amendment to RTI during this session.   

http://www.thesouthasian.org/archives/2006/victory_for_democracy_in_rti.html

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DEBATE: Cola issue
Mr Naveen Tewari
bantus_interiors@...
------------------------

COMMENT: Mr Naveen Tewari is a businessman with a difference. He remains on the
frontlines of initiatives for social change in Lucknow, apart from running his
business on principles and ethics. Below is his response to the views of CSE
Chief Sunita Narain available online at:
http://in.rediff.com/money/2006/aug/29cola1.htm
The issue is open for debate on DailySouthAsian. Please send your input to
dailysouthasian@...
------------------------

e x c e r p t s
~~~~~~~~
HOW MANY INDIANS FEEL ASHAMED AT SEEING THE MINERAL WATER BOTTLES ON THE TABLE
AT THE RASHTRAPATI BHAVAN BANQUET? IF THE RASHTRAPATI BHAVAN CAN NOT PROVIDE
CLEAN WATER TO ITS GUESTS THEN WHAT STANDARDS ARE WE TALKING ABOUT?
------------------------


Is it a coincidence that your mail came just after I finished reading the
article on Sunita Narain in "The Economist"? Let me first confess my own
ignorance of hard facts about the whole controversy. But even after listening to
the debates on the tv and reading a few articles if i still remain ignorant of
how the pesticides get into the cola bottles, some blame has to be shared by the
whistle blowers too.

All along this debate one gets a very strong feeling that the campaign against
the cola companies is motivated. Let me rush to explain myself before you label
me as a traitor. Why cant we Indians be honest enough and see things as they are
put them forth instead of choosing adversaries and singling out those who are
foreign from our own home grown polluters?

I DO NOT agree with the view of Sunita Narain that their science is slow in
introspection. At least there is constant research there to find out the
"toxins". What is the logic in saying that the research on a cure of a disease
may take twenty years but the same science should find out the effects of the
drug on -say liver, over a period of twenty years of use, in two years? I am
fully aware of the huge indomitable drug cartel that manipulates the research
and publication of research and the whole business of marketing when I say this.
It is only western science which enables Sunita Narain to test the colas. What
has the Indian world science been doing in the last sixty years? What scientific
temper do we Indians have that we accept whatever Baba Ramdev says for vedic
truth? Who brought the cotton back into fashion in india when Gandhi's khadi
became poly? Who is manufacturing tulsi tea in India and marketing it worldwide?
Who wrote the most authentic English-Hindi dictionary in india? What does mark
Tully wear to cover his foreign body and what are we Indians wearing? Oh Sunita
Narain! this war against the enemy from outside will not take you far because
the biggest enemy remains ignored completely, simply for being Indian. It may
have more than one head! THE COMPLETE LACK OF HONESTY AND INTEGRITY. THE
DOGMATIC NATIONAL MIND. The complete lack of respect for life of this planet.
The total subversion of traditional values coupled with a dominant genetic trait
for imitating others. The mass hypnosis which does not let us see the
contradiction of what we talk highly about and our own corrupt lives.

How many Indians feel ashamed at seeing the mineral water bottles on the table
at the Rashtrapati Bhavan Banquet? If the Rashtrapati Bhavan can not provide
clean water to its guests then what standards are we talking about? Till
yesterday singapore was importing water but you can drink tap water there which
is purer than what you will get at gangotri.

I end this on a lighter note. Talking about body language one friend told me
that Sunita Narain is enjoying basking in the media lime light. Media can be a
great pollutant sunitaji. It will divert you from where you should be looking to
where they want you to look. From them what matters most is their TRP.
Ultimately, its money which is making the world go round isn’t it?

Sincerely

Naveen Tewari
Email: bantus_interiors@...

IN-FOCUS: Cola issue: The 4-point game plan
Sunita Narain, Director, CSE, New Delhi
Email: cse@...
August 29, 2006
---------------

E X C E R P T S
---------------

"In all this, we know that diversion is just one of the ploys. The
second is to deny. This is where "science" becomes a handy weapon.
Modern science fails us. Even though it has created modern toxins, it
is slow on generating knowledge about the impact of these toxins and
pollutants on our bodies and our environment.

Take climate change, take tobacco or even pesticides. The polluters
want "conclusive" and "incontrovertible" evidence that there is cause
and effect. We, the victims, have to prove our science.

The third tactic is to dismiss: your science is not good, it is not
validated or peer reviewed. The health minister did exactly this when
he used a half-baked report to try and discredit our laboratory and
our work on soft drinks and pesticides. It did not matter that the
same laboratory, its equipment and methodology had been examined and
endorsed by the highest parliamentary committee.

The fourth step in the polluter's game plan is to damn and to
destroy. Let's see what the future holds"
-------------------------------------------------------------

COMPLETE ARTICLE BY SUNITA NARAIN:
................

What a line of attack! In its ads to deny that it had pesticides in
its drinks, PepsiCo said that there were more pesticides in tea,
eggs, rice and apples. Coca-Cola in its defence has similarly argued
that everything in India is contaminated, and its drinks are safe.

However, the pesticide industry, in its public response wants the
focus not to be on pesticides but on heavy metals and other
contaminants.

Let's put this spin-doctoring aside. We know this is the first step
of a game plan: to divert attention from what needs to be done or to
feed on our part-helplessness and part-cynicism, that everything is
so bad, so why bother. Let's focus on what needs to be done.

Let's take the issue of water and food safety. The government's own
research shows that raw agricultural commodities -- from milk to
vegetables -- are often contaminated with pesticides. Therefore, our
strategy is to ensure that we can revamp regulations that govern the
safe use of pesticides.

The agenda for reform here is manifold: to ensure that no pesticide
is registered without the setting of a maximum residue level, which
defines what is safe residue in our food; to ensure that the sum of
all toxins are kept within an overall safety threshold -- called the
acceptable daily intake by toxicologists and to ensure that there are
credible and effective ways of enforcing these standards.

But like all our other double-triple burdens, we cannot take the step-
by-step approach. The industrial world first cleaned up its water of
bacteria, then pesticides, then heavy metals, and is now dealing with
tinier and even more modern toxins like hormones and antibiotics. We
have all of that in our food and water.

We also do not have the luxury of first cleaning agricultural raw
material, then building our processed food industry. We will have to
clean both ends of the food chain -- the farm and the fork. We will
have to do it together.

In all this, we know that diversion is just one of the ploys. The
second is to deny. This is where "science" becomes a handy weapon.
Modern science fails us. Even though it has created modern toxins, it
is slow on generating knowledge about the impact of these toxins and
pollutants on our bodies and our environment.

Take climate change, take tobacco or even pesticides. The polluters
want "conclusive" and "incontrovertible" evidence that there is cause
and effect. We, the victims, have to prove our science.

The third tactic is to dismiss: your science is not good, it is not
validated or peer reviewed. The health minister did exactly this when
he used a half-baked report to try and discredit our laboratory and
our work on soft drinks and pesticides. It did not matter that the
same laboratory, its equipment and methodology had been examined and
endorsed by the highest parliamentary committee.

The fourth step in the polluter's game plan is to damn and to
destroy. Let's see what the future holds.
------------------

Available online at: http://in.rediff.com/money/2006/aug/29cola1.htm

Hard Truths about media reports against Colas:
http://in.rediff.com/money/cola.html

This week's headlines in The SouthAsian 

Details at : http://www.thesouthasian.org

Peace Without Appeasement: Honoring Kethesh

This article by Qadri Ismail, published in Tamilweek.com, while honoring one who was committed to peace in Sri Lanka - peace not defined by absence of killings but also inclusive of exploitation, intimidation and intimidation - also points of much of what the peace process is missing. 

http://www.thesouthasian.org/archives/2006/peace_without_appeasement_hono.html

Sindhi
 Group Condemns Killing of Balochi Leader

Pakistani government reported that tribal leader Nawab Akbar Bugti has been killed in a battle between tribal militants and government forces in Balochistan province.

http://www.thesouthasian.org/archives/2006/sindhi_groups_condemn_killing.html

RTI: The Struggle Continues

A review of three different articles on the importance of complete access to files vis-a-vis RTI by Arvind Kejriwal in The Stateman, Aruna Roy and Nikhil De in The Kashmir Times and Maja Daruwala and Venkatesh 

Nayak in The Daily Tribue. 

http://www.thesouthasian.org/archives/2006/rti_the_struggle_continues.html

Exploring Minority Representation in Democracies

Habib ur Rehman, of the Association of Indian Minorities explores methods of minority representation in other democracies around the world and makes a case for such representation in India.

http://www.thesouthasian.org/archives/2006/exploring_minority_representat.html

Misery imposed by Men, not Nature

What makes submergence, water logging and flash floods so
 different

from floods? A simple pointer that while the former results from ill-advised decisions taken by individuals, who remain shielded by a system that is shrouded under the culture of secrecy, the latter has been a natural phenomenon just like rainfall.

http://www.thesouthasian.org/archives/2006/misery_imposed_by_men_not_natu.html

Report Holds Mismanagement of Dams for Floods

Mismanagement and negligent operations of the large reservoirs on Tapi, 

Narmada, Kirshna, Godavari, Mahi and Sabarmati Rivers have created man made disaster in Gujarat, Maharashtra, Madhya Pradesh, Karnataka and 

Andhra Pradesh. 
 

http://www.thesouthasian.org/archives/2006/report_holds_mismanagement_of.html

A Question from a Pakistani

Faisal Mamsa, a medico in USA presents a question. Do we have any answers? 

http://www.thesouthasian.org/archives/2006/a_question_from_a_pakistani.html

Conundrums of Education

The government dropped the Right to Education bill. Where was the vehemence?  

http://www.thesouthasian.org/archives/2006/conundrums_of_education.html

More Allegations mean Bigger Ads

It is not surprising that the US government has stepped in to try and protect the interests of Coke and Pepsi in India.  

http://www.thesouthasian.org/archives/2006/more_allegations_mean_bigger_a.html

Victory for Democracy in RTI

Under pressure from citizens all over the country, the UPA
 government has decided not to introduce any amendment to RTI during this session.   

http://www.thesouthasian.org/archives/2006/victory_for_democracy_in_rti.html

Civil Society Demands End to State Led Disappearances

In Pakistan 800-1000 people belonging to different sections 'are disappeared by various state apparatus'. 

http://www.thesouthasian.org/archives/2006/civil_society_demands_end_to_s.html

Gujarat, Maharashtra Flooded, Government Ineffective

With sections of Gujarat and Maharashtra under heavy floods, panic at the release of overful dams is being replaced by anger at the ineffectiveness and callousness of government agencies.  

http://www.thesouthasian.org/archives/2006/gujarat_maharashtra_flooded_go.html

Muslims Traveling Abroad to Be Probed?

Various media reports (as yet unconfirmed by official sources) suggest that the Maharastra government has passed a policy requiring police to probe all Muslims traveling abroad.   

http://www.thesouthasian.org/archives/2006/muslims_traveling_abroad_to_be.html

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RTI Act: The struggle continues...

1. RTI Act: Long way to go
    The Statesman (India)
    August 26, 2006

2. Taking life out of right to information
    by Aruna Roy & Nikhil Dey
    The Kashmir Times
    August 19, 2006

3. File notings: Centre shouldn't tinker with RTI Act
    by Maja Daruwala and Venkatesh Nayak
    The Daily Tribune, India
    August 20, 2006

===============================================

1. RTI Act: Long way to go
The Statesman (India)
August 26, 2006
-----------------------

Interview with Magsaysay Awardee 2006 and Parivartan leader Arvind Kejriwal
……………………………….

E X C E R P T S
-------------------------
IT'S NOT MERELY THE QUESTION OF NOTINGS FROM THE AMBIT OF THE ACT, THE PROPOSED
AMENDMENTS ARE MUCH MORE DAMAGING. IT IS QUITE A REGRESSIVE STEP. THERE ARE SOME
68 COUNTRIES IN THE WORLD WITH AN RTI LEGISLATION. OUR LAW IS THE BEST IN THE
WORLD. FOR SOME STRANGE REASON, THE PRESENT GOVERNMENT IS DOING AWAY WITH WHAT
IT HAD SET UP AND FOR WHICH IT EARNED KUDOS.
---------------------------------------------


The second Magsaysay awardee for the right to information (RTI) campaign, Arvind
Khejriwal, has dedicated the award to his organisation, Parivartan, and the
campaign. The first Indian to bag this prestigious award for RTI was Aruna Roy,
in 2000. The soft-spoken, unassuming Khejriwal (38) has a latent grit and fire
that shines through as he speaks. Trained as a mechanical engineer from IIT,
Kharagpur, he chose a career in the revenue department of the civil services in
1992. Peer pressure, by his own admission, led him into the bureaucracy. And no,
it was not disillusionment with the service that got him out. On the contrary,
thanks to the best of postings, his years in the revenue department taught
Khejriwal a lot and allowed him to come face to face with the man on the street.

With batch-mate wife Sunita Keshwani, who works in his former office, the
revenue department, and two children as a source of moral support, meditation is
his outlet for stress. A movie buff by admission, Aamir Khan and Nana Patekar
are his favourite stars. Earlier, he would watch every new release, but now,
there is not much time for that.

Khejriwal started Parivartan in January, 2000 with a few friends, as a grievance
help centre. Complaints from the public were collected and passed on to the
departments concerned. “Don’t pay bribes. Come to us and we will get the work
done,” was the line adopted by Parivartan in an ad hoc reaction to the feeling
“we can do”. There was no RTI Act then and Parivartan members were faced with
the dilemma that people were coming to depend on the organisation without being
empowered themselves. In 2001, the Delhi government enforced the RTI Act. That
was the turning point as Parivartan’s role changed from a mediator to a
facilitator and guide. The organisation has helped draft about 2,000
applications in various sectors ~ water, electricity and public distribution
system to name a few. With the Magsaysay Award coming at a time when the
country’s politicians and bureaucrats are grappling with the scope and ambit of
the RTI Act, Khejriwal speaks to Asha Ramachandran on what is at stake for the
people. EXCERPTS:


Q: With you becoming the second Indian to be conferred the Magsaysay Award for
RTI, would you say this is a boost for the movement?

We have come a long way in the battle for RTI. But this award belongs to the RTI
movement. I am happy that the world has recognised the RTI movement in India. At
the same time, I am sad that the government is killing it by bringing in
amendments to dilute the Act. It is even sadder that it was the very same party,
which, when it was in power earlier, had brought in this powerful Act. For some
strange reason it is now killing this empowering tool. I have no idea what went
wrong in these eight months.


Q: But what about the awareness level among the people that such a right exists
for them?

Well, it’s picking up now. Nine states in the country had this Act in place
before the Central legislation came into being. Delhi has this law for about six
years now. Individuals and organisations are now questioning the administration,
which is the essence of this empowerment.

For instance, Delhi’s resident welfare associations (RWAs) are actively seeking
answers as their right to know. The administration is on its toes.


Q: But then, corruption is all around us…

Let me put it this way. Corruption is of two kinds ~ extortionist and mutually
agreed upon. Extortion is where one pays a bribe to get one’s legitimate dues.
In the mutual category, both parties are happy. Extortion involves lower money
deals while mutual agreements can be very high priced. Extortionists, however,
are much more dangerous as they hurt the citizens’ psyche. It is important to
check this. Which is how the idea of Parivartan was spawned. We said: “Don’t pay
bribes. Come to us and we will get the work done.”

We effectively used the RTI to seek information on roads, MP local area
development (MPLAD) funds and instances where 97 per cent of the ration in PDS
was being siphoned off. Our workers were beaten up and we had to face savage
attacks. But we succeeded. In fact, our last campaign was the drive against
bribes.


Q: Having been a bureaucrat yourself, what is this mindset for wanting to keep
information under wraps? Is it merely a sense of power or something more?

You see, there are honest bureaucrats and dishonest bureaucrats. Obviously,
dishonest bureaucrats would fear any opening up of the records. As for honest
bureaucrats, there is unfortunately this culture of secrecy.

When people question them, they are not prepared for it. Moreover, they suffer
from a sense of superiority and dislike anyone questioning them. But then, RTI
is all about asking questions.

There is this wall of bureaucratic arrogance that prevents this questioning.
But, happily, honest bureaucrats are beginning to realise that the RTI is
actually good for them.

Slowly, it is dawning among the bureaucrats that the RTI would help them in the
long run. This culture of resistance to parting with any information is
vanishing, slowly but surely.


Q: Any instance of such changing values?

The Steel Authority of India Ltd (SAIL) office in Bhilai encourages people,
including its employees, to question its officers. This, I would say, is a bold
step, which would only help the company.


Q: But how difficult is it for honest bureaucrats to adjust to the Act?

It is difficult to generalise. It is circumstantial. But let me tell you,
victimisation has nothing to do with being honest or dishonest. Both can equally
be at the receiving end leading to frustration.


Q: Coming to the latest amendment to the RTI Act, does it tantamount to dilution
of the Act?

It’s not merely the question of notings from the ambit of the Act, the proposed
amendments are much more damaging. It is quite a regressive step. There are some
68 countries in the world with an RTI legislation. Our law is the best in the
world. For some strange reason, the present government is doing away with what
it had set up and for which it earned kudos.


Q: So then how do we take this campaign forward?

The immediate challenge is to save this Act. We need to question. It is not
about finding faults or witch-hunting as is feared. The Act is a tool to empower
the people, for the honest tax-payer to know what is being done with his/her
money and for the common man to question the actions of the government one has
chosen. We have come a long way but the battle ahead is not easy and promises to
be a tough one.
-------------
(The author is Special Representative, The Statesman, New Delhi.)

Available online at:
http://www.thestatesman.net/page.news.php?clid=4&theme=&usrsess=1&id=127746

======================================================


2. Taking life out of right to information
    By Aruna Roy & Nikhil Dey
    The Kashmir Times
    August 19, 2006
    ----------------

Online at: http://www.kashmirtimes.com/opinion.htm

Within six months of enacting one of the most progressive RTI laws in
the world, the Indian Government has decided to strike at its root, by
barring the disclosure of 'file notings.' The paper trail will be kept
invisible.

The passage of the Indian Right to Information Act 2005 was hailed,
almost universally, as a landmark piece of legislation that could
change the relationship of the citizen with the state. It was considered one of
the most progressive RTI laws in the world, with several provisions worthy of
emulation. With widespread use, it had begun to be seen by citizen groups as a
ray of hope to fight corruption, inefficiency, and the arbitrary use of power in
an otherwise dark scenario.

However, just six months after the Act has come into effect, the Union
Cabinet has approved a set of amendments, some of which will crucially
damage the scope and power of the Act. The most critical of these
relate to barring the disclosure of "file notings." Also Cabinet papers
available currently after the decision is complete will now be barred from
disclosure even after the decision is taken. As a result, the process of
decision-making will be kept out of the public domain,
making it far more difficult for citizens to participate in the process.

What is a government file and why this furore over not wanting to share file
notings? To most laypersons the government file is a musty
compilation of important papers. Almost all of India, even the
illiterate, know it. Anyone who has had anything to do with 'babus'
knows the significance and power the file holds to control the destiny
of many people. The government file has two parts to it. The right side has the
papers under consideration (PUCs). The left side has the
'notings,' the process through which opinions are written down, added
to, and approved or disapproved. These notings reflect the
deliberations on the PUCs and, through a series of comments, arrive at
decisions. As the Chief Information Commission has explained in a ruling on file
notings: "Most of the discussions on the subject/matter are recorded in the note
sheets and decisions are mostly based on the recording in the note sheets and
even the decisions are recorded on the note sheets.
These recordings are generally known as 'file notings.'"

This trail of responsibility and accountability is what the babus do
not want disclosed. The government now wants to amend the RTI Act so that file
notings relating to most matters are under wraps. As ordinary citizens, we will
not have access to the reasons for decisions, many of them irreversible, that
affect our lives. The paper trail, vital to establish a chain of transparency
and accountability, will now be invisible. It will protect the dishonest
manipulators but also give no support to honest officers whose forthright views
are overruled, who have to suffer the ignominy of being party to a bad decision
they disagreed with.

Although the Cabinet decision came without warning, it has been part of a
design. This is revealed by a close examination of the consistent, extra-legal
efforts of the bureaucracy to keep file notings opaque.
Right through, from the period of the formulation of the Right to
Information Acts at the Centre and in the States, the bureaucracy
steadfastly fought against allowing access to file notings. This issue
seemed to have ended in favour of fairly comprehensive transparency of
the decision-making process with the passage of the Right to
Information Act 2005.

The Act defines information under Section 2(f) as "any material in any
form, including records, documents, memos, e-mails, opinion, advices,
press releases, circulars, orders, logbooks, contracts, reports,
papers, samples, models, data material held in any electronic form and
information relating to any private body which can be accessed by a
public authority under any other law for the time being in force." This is
conclusive and the law should have dictated official action.
However, the Department of Personnel (DoPT) decided to use the FAQ (frequently
asked questions) section on its web site to override the law. In response to the
question, "What does information mean?" the web site quotes the whole of section
2(f) and then arbitrarily adds the words: "but does not include "file notings'

This could have been considered a misdemeanour of some junior official
while drafting an FAQ - had it not been repeated in the manuals and
FAQs issued by most State Governments. These FAQs and manuals have become the
binding guide (at least in the matter of file notings) for officials responsible
for providing information. Citizens across the country found their access to
file notings allowed by law but overruled because of a departmental FAQ.
Objections and reminders from citizens groups to the DoPT fell on deaf ears, and
the matter was brought before the Central Information Commission in the form of
an appeal. In its decision of January 31, 2006 in Satyapal vs. TCIL
(ICPB/A1/2006), the Commission looked at "whether file notings fall within the
exempted class":

It held: "no file would be complete without note sheets having file
notings.' In other words, note sheets containing file notings' are an
integral part of a file. Sometimes, notings are made on the main file
also, which obviously would be a part of the file itself. In terms of
Section 2(i), a record includes a file and in terms of Section 2(j)
right to information extends to accessibility to a record. Thus, a
combined reading of Sections 2(f), (0 & (j) would indicate that a
citizen has the right of access to a file of which the file notings are an
integral part."
And further: "Therefore, we are of the firm view that, in terms of the
existing provisions of the RTI Act, a citizen has the right to seek
information contained in "file notings' unless the same relates to
matters covered under Section 8 of the Act. Thus, the reliance of the
CPIO, TCILO on the web site clarification of the Department of
Personnel to deny the information on the basis that Tile notings' are exempted
is misplaced."
This should have settled the matter. The Information Commission is, by
law, the final arbiter on matters of information. However, the
Department of Personnel continued consistently to ignore the orders of
the Central Information Commission. This startling sequence of events
becomes clear from the July 13, 2006 order of the Commission in Pyare
Lai vs. the Ministry of Railway:

"The Commission noted with serious concern that some public authorities were
denying request for inspection of file notings and supply copies thereof to the
applicants despite the fact that the RTI Act, 2005 does not exempt file notings
from disclosure. The reason they were citing for non-disclosure of Tile notings'
was the information posted on the DOPT website [www.righttoinformation.gov.in]
to the effect that
"information' did not include file notings. Thus the DOPT website was creating a
lot of unnecessary and avoidable confusion in the minds of the public
authorities. The Commission had written to the Department of Personnel on 26th
February, 27th March, 8th May and 26th May, 2006 for removing the restriction on
vfile notings' from their website. The DOPT regrettably had not acted on the
issue so far. The Commission hereby directs the Secretary, Ministry of Personnel
& Public Grievances, in exercise of powers conferred on it under Section 19(8)
of the Right to Information Act, 2005, to remove the instruction relating to
non-disclosure of file notings from the website within 5 days of the issue of
this order failing which the Commission shall be constrained to proceed against
the Ministry of Personnel."

The DoPT has not complied with this order passed by the Central
Information Commission ten days ago to remove the file notings from the website.
Could the order of July 13 have been the trigger of a sudden Cabinet decision?
Section 8 caters to the often exaggerated concern about security, secrecy, and
misuse of information for blackmail that has blocked and threatened the demand
for transparency. It serves as an excuse for not being accountable. Even what is
permissible under the law after the amendments will be under constant threat of
denial. The recent campaign carried out by media and citizens groups in the
'Drive against Bribe through the use of RTF offered many insights into the
working of the Act. One revealing aspect is how the slightest ambiguity is used
by the system to deny information.
The Government has reportedly said it will allow access to file notings on
development and social issues. This will give the bureaucracy enormous powers to
selectively rule on what is or is not a development or social issue. Files and
records are maintained everywhere, from patwari and panchayat sarpanch onwards.
We have had gram sevaks refuse panchayat information under the Rajasthan RTI
Act, using the exemption of national security. PIOs will now find it very
convenient to turn inconvenient information into a 'file noting.

We know that when people asked for work from the panchayats, even that
simple demand got linked to decisions taken at the State, Central or
Cabinet level. Policy at the highest level determines what will happen
in the village. This is one illustration of how Cabinet notes and
papers affect the lives of millions of ordinary people.- People have a right to
see these papers, at least after the decision is taken.
Finally, it is not what remains, but what has been taken away by these
amendments that we need to understand. The statement of Central
Information Commissioner O.P. Khejriwal after the amendments were
passed by the Cabinet sums it all up: "Information minus the file notings
amounts to taking the life out of the RTI Act." For the energetic and rapidly
growing Right to Information movement in India, this is a major challenge to see
whether we can protect this nascent fundamental democratic right from being
undermined.

======================================


3. File notings: Centre shouldn’t tinker with RTI Act
    by Maja Daruwala and Venkatesh Nayak
    The Daily Tribune, India
    August 20, 2006
    ---------------

"TRUE, THE PRICE OF FREEDOM IS ETERNAL VIGILANCE BUT EVEN BEING VIGILANT
REQUIRES INFORMATION. OLD HABITS DIE HARD. THE GOVERNMENT HAS NOT, AT THE TIME
OF WRITING THIS ARTICLE, PUBLICISED THE FULL TEXT OF THE PROPOSED AMENDMENTS NOR
ENCOURAGED A PUBLIC DEBATE AROUND THE ISSUE. IN THE FACE OF SO MUCH UNEQUAL
POWER, WHAT CHOICE DO PEOPLE HAVE BUT RESORT TO DEMOCRATICALLY VOICED PROTEST?"


The Right to Information (RTI) Act, passed by Parliament last year, is new and
finding its ground. Both educated and unlettered people around the country are
struggling to make it a reality. Their efforts have begun to stem corruption and
arbitrariness in decision-making. It is only natural that shock and dismay
pervade the countryside as the Union Government seeks to restrictively amend the
RTI Act in a way that will remove file notings away from public scrutiny.

The proposed amendments will end up snatching away people’s right to know in
what circumstances, through what process and under whose advice their
legislators and civil servants reach decisions, big and small. Fearing that the
inconvenienced bureaucracy has forced the political leadership into compromise,
citizens groups have launched widespread protests against the move to defang the
Act.

On July 26, the Prime Minister’s Office issued a rebuttal, clarifying that “the
Union Cabinet had approved an amendment that specifically provides that file
notings of all plans, schemes and programmes of the government that relate to
development and social issues shall be disclosed.” But why clarify what was
never in doubt? File notings relating to development and social issues’ were not
excluded from the Act under any of the exemptions to disclosure that broadly
relate to national security, commercial competition, and personal privacy. Nor
was it mentioned as an exception to the definition of ‘information’.

The confusion regarding the status of file notings was a conscious creation of
the Department of Personnel and Training (DOPT). Its website in its Frequently
Asked Questions (FAQs) about the Act insisted that file notings were not in fact
part of the definition of ‘information’.

The Central Information Commission (CIC) has clarified in at least two decisions
that file notings clearly fall within the purview of the definition of the terms
‘information’ and ‘record’; it has recently issued a show-cause notice to the
DOPT for refusing to take its own interpretation off the website.

Given the cumulative history of government spin around file notings, there is
now strong suspicion at this unexplained desire to clarify the law.

The value of a law lies in its precision. By seemingly ‘gifting’ special classes
of information as being available to the public, the amendment will remove from
public view all other classes of file notings where they do not specifically
relate to development and social issues. At the very least all file notings will
become disputed territory.

Once again officials will have enormously increased discretionary powers to deny
citizens access to almost every opinion recorded on file on any matter. Where
access may be given in a limited number of cases, authors of file notings will
enjoy anonymity. Once again, we will not have moved an inch from being a rent
seeking and patronage based government to a rule-based government where every
action of a public official has to be in conformity with established norms and
procedures.

International best practices point to transparency in the deliberations within
public bodies. In the US, citizens are provided access to records of opinions
expressed by officials in relation to a policy formulated or action that has
been taken. In Albania, Germany, Israel, South Africa, Turkey, Uganda and
several other countries with functional information access laws, file notings
have not been given a blanket exemption. When the government aspires to have the
most modern of military equipment to protect the people, the best of medical,
transport and communications facilities and the most advanced IT systems, why
should it lower the standards of transparency and accountability?

Two more amendments are reported to be waiting in the wings. The first relates
to disclosure of materials on the basis of which Cabinet decisions are taken. At
present, these can be disclosed after a Cabinet decision has been made. But the
proposed amendments will deny access to these materials. This assumes
significance as every voting-taxpaying citizen has a right to know what
materials form the basis of the Cabinet decisions at the Centre and in the
states.

The other proposed amendment relates to the recruitment and examination
processes adopted by various public agencies. This has been prompted by fears
that the RTI Act may be used to ask about question papers before the
examinations have been held or identify members of interview boards with a view
to influencing their opinion. Again, there is no need for any amendment as the
Act already adequately protects any information that might hurt the competitive
position of a third party and can be applied to information disclosure that may
prejudicially affect the outcomes of examinations and recruitment procedures.

In reality, the proposed amendment seems aimed at avoiding access to evaluated
answer scripts of candidates appearing in such examinations and challenges to
the appointment process. Many of our better academic institutions already give
candidates the opportunity to see answer scripts and be satisfied that the
evaluation has been fairly arrived at. This reduces the possibility of
subjectivity in the evaluation process. What could be a better disinfectant for
a country drowning in corruption, nepotism, influence peddling and abuse of
process than the sunshine of disclosure under the Right to Information Act —
especially where appointments and recruitment are concerned?

Amending the RTI Act at the very early stages of its implementation to suit the
convenience of elements who would like to hide their negligence and wrongdoings
sets a precedent that emboldened governments at the Centre and in the states may
soon follow. They will be encouraged to tear up more of the Act again and again
whenever they find some provision inconvenient.

True, the price of freedom is eternal vigilance but even being vigilant requires
information. Old habits die hard. The government has not, at the time of writing
this article, publicised the full text of the proposed amendments nor encouraged
a public debate around the issue. In the face of so much unequal power, what
choice do people have but resort to democratically voiced protest?

We, therefore, urge the citizens to step in and put an end to this exercise of
clipping away the wings of the RTI Act that is fast gaining recognition around
the world as one of the best information access laws put in place ever.
---------------------

The writers are associated with the Commonwealth Human Rights Initiative, New
Delhi

Online available at: http://www.tribuneindia.com/2006/20060820/edit.htm#1

=========================================================

MEDIA ALERT: Indo-Canada Outlook launched this month

E X C E R P T S
-------------------
"To complete its 'trio' of internet and new media productions Globalom Media
launched this month, Indo-Canada Outlook," says Suresh Jaura, President (North
America), Globalom Media, a transatlantic venture based in Canada and Germany.
--------------------------------------------------------------

Another Milestone: 'Trio' of internet productions



Toronto: This year marks the fifth anniversary of North America's First South
Asian Outlook - an independent e-Monthly launched in July 2001. In the last two
years it was recipient of Canada-wide awards in the internet category, given by
Canadian Ethnic Journalists' and Writers' Club (CEJWC), now re-named as Canadian
Ethnic Media Association (CEMA).

Globalom Media, publisher of South Asian Outlook e-Monthly, following up on its
launch of South Asian Outlook on Web TV, earlier this year, has gone ahead with
South Asian Web TV, which will expand its coverage and feature other South Asian
programmes.

"To complete its 'trio' of internet and new media productions Globalom Media
launched this month, Indo-Canada Outlook," says Suresh Jaura, President (North
America), Globalom Media, a transatlantic venture based in Canada and Germany.

Indo-Canada Outlook is for connecting India and Canada and their people. "India
is the cradle of the human race... " - wrote Mark Twain. "Canada is one of the
oldest federations the planet still has up and running," wrote Roy MacGregor in
Globe and Mail.

It is produced by Canadians of (East) Indian origin in Canada, for their
compatriots here, for Indians back home and abroad, and for all those who are
interested in the democratic traditions of India and Canada and the rich
cultural heritage of India, its diversity, its complexity and its vitality. It
will provide a forum for dialogue amongst Indo-Canadians and Canadians, about
issues that affect them and their concerns.

Entering its Sixth year, South Asian Outlook has received congratulatory
messages like in previous years. This year we have received over 16 messages
including from Prime Minister, five Premiers, Federal Ministers and Members of
Parliament. All these messages including the previous ones since 2001 are online
@ www.SouthAsianOutlook.com

Prime Minister Stephen Harper has extended his "congratulations to everyone
involved in the production of this magazine".

Peter MacKay, Minister of Foreign Affairs, writes, "Since the inception of South
Asian Outlook in 2001, Canada's engagement with South Asia has become
increasingly important to our prosperity, security and global governance
interests. The South Asian community living in Canada has played a leading role
in shaping our understanding of the region and enhancing our people to-people
links. As our ties with South Asia deepen, publications such as South Asian
Outlook will play an increasingly important role in disseminating key
information and identifying opportunities for enhanced collaborative
partnerships."

Ontario Premier, Dalton McGuinty, conveying "best wishes for your publications
ongoing success" recognizes "the importance of electronic media in reaching out
to South Asians across the globe."

Dr Hedy Fry, candidate for leadership of Liberal Party, recognizes "our
achievement to publish across one country let alone provide an international
forum that reflects the concerns and issues of South Asian Canadians locally,
nationally and internationally."

Connecting "Canadians with the international community", as MP Jim Karygiannis
writes, South Asian Outlook is providing a "valuable contribution to the
vitality of the South Asian community in Canada," in the words of Bev Oda,
Canadian Heritage Minister.

"We are heartened by the recognition that we have received not only from peers
in the media but also from leaders of the country", adds Suresh Jaura.

Suresh Jaura is a member of Canadian Ethnic Media Association and Toronto-based
Canadian International Peace Project. He is also a member of AsiaPeace, a
Sweden- and US-based electronic discussion/action group.
----------------------------

Media contact:

Suresh Jaura
President (North America)
Globalom Media - The Right to Freedom of Expression
www.GlobalomMedia.com
Phone: 416 620 1520
Email: managingeditor@...