VOLUME 33 NUMBER 10 MAY 14-27, 2016 ISSN 0970-1710 WWW.FRONTLINE.

IN

ASSEM B L Y E L E C T I O N S C O V ER S T O RY UR BA N I S S UE S

Justice & the ideas of India

The fundamental struggle between two
conflicting visions for India—a progres-
sive constitutional one and a conserva- Killer lifeline of Mumbai 97
Tamil Nadu:
Complex scene 19 tive one—has profound implications for
S OCI AL I S S UE S
Flood of troubles 28
Money & politics 31
the country’s judicial system. 4 Karnataka:
Dalits’ entry into temples 101
Interview: Rajesh Lakhoni 32
Battle for Puducherry 35 LI TE R ATUR E
West Bengal: Interview:
Nervous phase 36 Sukrita Paul Kumar 106
Kerala: Uncertain state 40
LA BOUR I S S UE S
CONTR O V E R S Y Resisting reforms 108
Manufactured anger 44
Bhagat Singh on terrorism 46 E S S AY
Wakf property scam in
Karnataka 59
Some of the
encroachments 61

WOR LD A F F A I R S
Brazil: Coup begins 48 Roots of the Kashmir
Unrest in Mexico 51 dispute 111
Saudi Arabia in a bind 54
India-China visa row 57 S P OTLI G HT
Innocents of Malegaon 123
DR OUG H T The scapegoats 124
Double betrayal 126

M OVE M E N TS
JNU: Witch-hunt
RELA T ED S T O RI ES & protest 128

Telangana’s thirst 63 Pendency of cases: Beyond rhetoric 9 COLUM N

T.S. Thakur: New look, old style 12 Jayati Ghosh:
H E R ITA G E A case for appeal courts 14 Societal involution 104
Interview: K.K. Venugopal 16
B OOKS 83

LE TTE R S 130

Yoga: Ancient gift for

On the Cover
the modern world 67 The corridor of a court in Dharwad, Karnataka.
Rashtrapati Bhavan:
A peep into the past 90 COVER DESIGN: T.S. VIJAYANANDAN

Interview: Thomas Mathew 94 PHOTOGRAPH: B.M. KEDARNATHESHWARSWAMY

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MAY 27, 2016 . FRONTLINE 3

 COVER STORY

JUSTICE
AND THE
TWO IDEAS
OF INDIA
MONICA TIWARI
IN THE C O R R I D O R S O F T H E S U P REM E C O U RT of India, a file photograph.
FRONTLINE . MAY 27, 2016 4
 India is caught between two conflicting visions of the nation—a
progressive constitutional one and a conservative one—each with
its own view of the role of the judiciary. The fundamental struggle
between these has profound implications for the country’s judicial
system. B Y G . M O H A N G O P A L

NO ONE CAN DISAGREE WITH THE CHIEF

Justice of India that India has too few judges. China
today has over two lakh judges for a population only
slightly more than that of India. Even after an explosive
growth in judge strength in India in the last decade
(judge strength nearly doubled from about 11,000 to
about 20,000), India still has only some 10 per cent of the
number of judges that China has and only some 66 per
cent of the judge strength of the United States, which has
some 30,000 judges.
The Chief Justice is again absolutely right when he
says that many judges are hugely overworked  (this is, of
course, no different from the situation in which many
other public servants providing equally important
services in our country, such as police personnel,
teachers, doctors, nurses, etc., find themselves).
However, the question of judge strength and judicial
reform cannot be discussed without addressing more
fundamental questions: Why do we need more judges?
What is the role of the judiciary? What do we expect of
our judges?

FEUDAL IDEA OF INDIA

The role of any judiciary is derived from the vision of the
nation of which it is a part. India is caught between two
conflicting visions of the nation—a progressive
constitutional vision and a conservative social
vision—each with its own view of the role of the judiciary
SHAHBAZ KHAN/PTI

and the number and types of judges needed. The

conservative social vision of India is of a strong nation
that derives its strength from the ruling classes. India is
envisioned as a nation united by a common set of beliefs
and values emanating from and authorised by the ruling
classes and imposed on the masses. In this view, a strong
India equals a strong ruling class (the “iron frame” or
“authoritarian” vision).  This vision is, in essence, an
attempt to update and revive the feudal idea of India.
The opposing view, the progressive constitutional
vision, is of a strong nation that derives its strength from
the masses. This vision envisages breaking down the
concentration of power and devolving and scattering
power amongst the poorest and the weakest. In this
vision, the unity of the people and the strength of the
nation rest on a shared belief in equality, individual
freedom and democracy. In this democratic vision of
India, a strong India equals a strong citizenry (the
“individual swaraj” or “democratic” vision).
CHI E F J US TI CE OF I N D I A T. S . THA KUR
addressing the Joint Conference of Chief Ministers and
Chief Justices of High Courts in New Delhi on April 24.
In the  iron frame vision of India,  the role of the
justice system would be in line with a classical definition
of the judicial responsibilities of a raja: to punish “evil”
people (i.e., people who question the ruling classes);
honour “good” people (i.e., people who support the ruling
classes); grow the revenue; and defend the
nation—“dushta danda; sajana pooja; kosha vridhi; and
rajya raksha”. The judicial system would secure and
uphold the power, property and privileges of the state

5 FRONTLINE . MAY 27, 2016

and of the ruling classes. There is little scope in the iron
frame vision of India for a rights-based adversarial
justice system that is meant to empower the average
citizen by giving her the tools to interrogate the powerful.
The iron frame vision would see the judicial system as
primarily an instrument for the state and the ruling
classes to use against errant citizens and institutions that
question or challenge the orthodoxy on which the nation
is built. It is not meant to be used by citizens to question
the ruling classes or the state. The iron frame vision
would therefore look at the 20-fold increase in the
number of cases in the judicial system over the last half
century (from about 25 lakh in the 1970s to about five
crore currently) with consternation. It would see “docket
explosion” as a great threat and set up strategies to divert
cases from the judiciary to alternative dispute resolution
forums and tribunals.
The conservative elements
of our society within state
institutions and outside do
not allow the judicial system
to work effectively.
The iron frame vision would see speedy disposal of
cases as a goal in itself, unmindful of the fact that
especially in criminal cases the vast majority of the
accused are poor people who have little access to legal
counsel or the means to protect themselves against a
widely corrupt system of policing. It is interesting to note
in this context that as a result of the recent initiatives in
judicial reform, some 30 per cent of the criminal cases in
the country are now completed within 12 months and
some 60 per cent (including this 30 per cent) within
three years. The speed of disposal is the highest in the
lowest courts,  which is where most litigants are the poor.
It is also interesting that rates of conviction are the
highest in jurisdictions with lower social indicators and
more authoritarian social dispensations.
On the other hand, a rights-based adversarial justice
system that is meant to empower the average citizen is
central to the individual swaraj vision. Here the role of
the justice system is, to borrow a thought from Mahatma
Gandhi, to be a legitimate, peaceful, constitutional
channel of non-violent resistance against power. The
judicial system would secure the individual rights of
every citizen and their democratic power to rule this
nation. It would protect the powerless against the
powerful rather than  protect the powerful against the
powerless. Such a role would challenge orthodoxy and
generate conflict (as in the recent cases involving the
freedom of women to enter religious places).
FRONTLINE . MAY 27, 2016
As declared by the Supreme Court of India in 1981
(S.P. Gupta vs Union of India), the Constitution is a
charter for social revolution and is clearly on the side of
the democratic vision of India. Much of the legislation
enacted by the legislature is also in support of the
democratic vision of India. The philosophy of the
Constitution—derived from the national movement for
freedom—therefore, clearly embraces the democratic
vision.
‘DOCKET EXCLUSION’
The individual swaraj vision would see the justice system
as a tool for the masses to hold the ruling classes and the
state accountable. It would see the problem not as
“docket explosion” but as “docket exclusion”. It would
point out that the U.S., for example, has an annual filing
of some 330 new cases per thousand population, whereas
Bihar has an annual filing of about four new cases per
thousand population. The annual filing for India as a
whole is 17 cases per thousand population. Within India,
Kerala has about 40 new cases per thousand population
and Delhi has about 52 new cases per thousand
population.  Is this difference because the rights of the
people of Bihar, for example, are less violated in India
than the rights of the people of Kerala or the U.S.? Or is it
because there is greater social approval and support for
common people taking recourse to courts to protect their
rights? Or is it because in a more democratic society, the
personnel of the courts, and therefore the institution
itself, are more receptive to the grievances of the poor?
The effective implementation of constitutional
provisions and laws by the judicial system would be a
social revolution in and of itself, and the battle over
competing visions of India would be decisively decided in
favour of the democratic vision. This is a strong reason
why the conservative elements of our society within state
institutions and outside do not allow the judicial system
to work effectively.
The organisational framework and performance
metrics of the judicial system (and the number and types
of judges we need) would be different for the two visions
of the nation. For example, the quality of justice in the
orthodox vision would be measured by the extent to
which the social order is enforced against common
people, whereas the quality of justice in the second
democratic vision would be determined by the extent to
which rights are effectively secured.
The number of judges in the democratic vision would
be much higher than in the authoritative vision because
of the role of the judiciary in bringing about social
transformation.  Regardless of the number of cases, every
two lakh citizens should have access to a court/judge
(compared with every 20 lakh citizens having an MP
today, a number that should also be significantly
increased).  This would increase the number of judges in
India threefold to 60,000. People should be assisted
through legal literacy and legal aid programmes to file
cases to secure their rights. Docket exclusion would be
the enemy, not docket explosion.  Increase of bona fide
6

RAJEEV BHATT
AS THE S UPR E M E C O U RT D EC LA RED in 1981, the
Constitution is a charter for social revolution.
litigation would be a cause of celebration, not of dismay.
The workload of judges would be set such that they could
take a proactive role to secure rights. Currently, the
judicial system as a whole involves 20,000 judges
processing some five crore cases each year, that is an
average of 2,500 cases a judge a year. At about 10 hours of
work daily of some 20,000 judges (including time spent
7 FRONTLINE .
off the bench researching and writing judgments and
doing administrative work) working for 240 working
days in the year (including so-called vacation time), some
five crore “judicial hours” are available. Given that the
system currently processes about five crore cases
annually, this means that, for planning purposes, the
total time available to a judge to process each case in a
year is notionally about one hour and a lot of cases do not
get their turn.
In considering judicial reform and the role of the
judiciary, we also need to take into account the widely
varying and mutually conflicting visions of justice and
demands for judicial reform from different economic and
social segments of the population. For example, the rich
define the problem of justice in terms of the extent to
which the justice system effectively and promptly
protects their private property and privilege—and either
supports or frustrates state power to the extent it
challenges property or privilege. The middle class, on the
other hand, defines the problem of justice in terms of the
effectiveness of the justice system to protect it from the
“excesses” of both the ruling and the working classes and
address its principal concerns as employees, customers,
homeowners, borrowers, small business operators,
peasant farmers, small-scale property owners, victims of
crime, and so on. It wants the judicial system to challenge
the property and the privilege of the ruling classes and
the rights of the masses, where needed. It wants efficient,
fast, affordable justice that protects its interests.
REASONABLE ACCESS TO JUSTICE
The crisis of justice that is the subject matter of
discussion in the media today is in fact the crisis of
“justice for the middle class”. The main difference
between India and the OECD (Organisation for
Economic Cooperation and Development) countries is
that whereas the middle class in these countries has
reasonable access to justice, in India it does not. A vocal
and powerful middle class has emerged in India since
1991. It is demanding reasonable access to justice. Much
of the judicial reform effort will help meet this demand.
This is a feasible objective, and the middle class in India
will have reasonable access to justice in the next 20 to 25
years.
The question of justice for the poor is, however, an
altogether different challenge. No country in the world
has been able to secure justice for the poor. Most of the
jails of the richest countries are filled with the poorest.
The “masses” are more often victims of the criminal
justice system than of crime. In India as well, jails are
almost exclusively filled with the poor. The civil justice
system is hardly accessible to them. They are often
victimised by lawyers, touts and court staff. They are
docket excluded, a new type of untouchability. The
language and the logic—and the colonial and feudal
culture—of the judicial system are alien to them. It rarely
takes cognisance of their needs and interests. Their main
concern, therefore, is to escape the attention of the justice
system, criminal and civil. A landless Dalit person in the
MAY 27, 2016
interior of Madhya Pradesh once gave me an insightful
definition of a court from the perspective of the masses:
“A court is a place where you are forcibly taken by the
police to be punished; no one goes to a court.” In contrast,
many lawyers and judges colloquially define a court as “a
temple of justice where rights are protected”.
These sharply divergent visions mean that justice for
one section is often injustice for another. Protecting the
livelihood of traditional taxi and auto drivers from
predatory pricing by corporate app-based taxi providers
by imaginatively using the available tools of law to delay
their incursion would be seen by the rich and by sections
of the middle class as a failure of the judicial system, and
possibly as also resulting in a downgrading of the “ease of
doing business” measure. However, the masses would see
such a judicial intervention as strong evidence of a good
justice system. Although the conflict over competing
visions of the nation and conflicting demands from social
and economic segments have confined judicial reform of
judicial administration mainly to “neutral” areas such as
process reform, procedural law, technology, planning
and court and case management, judge strength, and the
workload of judges, there has been considerable
improvement in these areas, and the judicial system has
improved its performance.
No country in the world has
been able to secure justice
for the poor. Most of the jails
of the richest countries are
filled with the poorest.
No area has received as much attention of the Law
Commission of the Government of India as judicial
reform, which has constituted, directly and indirectly,
the single-largest area of its work over the past 60 years
(covering some 81 out of 262 of its reports and
accounting for over 31 per cent of its work). These
include, notably, the 14th report of the Law Commission
headed by M.C. Setalvad, on “Reform of Judicial
Administration” (1958), and the 77th Report, on “Delay
and Arrears in Trial Courts” (1978), by Justice H.R.
Khanna. In addition, there have been several committees
and commissions at the State/High Court level to look
into delay and arrears.
NATIONAL COURT MANAGEMENT SYSTEMS
Chief Justice S.H. Kapadia established the National
Court Management Systems (NCMS) Committee in
2012 (with which this writer is associated), creating for
the first time a permanent institutional space within the
national judiciary to identify policy issues in judicial
FRONTLINE . MAY 27, 2016
administration and resolve them using the good offices of
the Supreme Court. The NCMS mechanism has been
replicated by now in all High Courts as State Court
Management Systems (SCMS) Committees. The NCMS
and the SCMS together have launched several initiatives.
In particular, the “five plus zero” initiative has resulted in
nationwide monitoring of cases more than five years old
in any court with a view to dispose of those cases and
achieve a “five plus zero” status. Six States have become
statistically five plus zero since this initiative was
launched. The central focus of the NCMS is on
advocating measurable performance standards covering
quality, responsiveness and timeliness (QRT) as well as
efficiency and a sound institutional framework of
standards, including on human resource development,
court and case management and planning, and
infrastructure. Baseline papers have been prepared in
each of these areas and posted on the Supreme Court
website.
It is unfortunate that there exists a very negative and
false impression of the judiciary that while three crore of
delayed cases are stuck in the courts of India, judges are
on a beach somewhere on vacation. The fact of the matter
is that courts are now by and large able to dispose of cases
equivalent to the number of new cases filed each year
(about two crore filing and about two crore disposal); 40
per cent of the five crore cases processed each year in
India’s judicial system (some two crore cases filed
annually) are therefore less than one year old.
The problem is dealing with the roughly three crore
cases that are in backlog. From 1925, the suggestion has
been made that a separate, one-time effort is needed to
dispose of the backlog, segregated from the processing of
current filings. After nearly a century, this proposal may
now be implemented as one of the decisions of the recent
conference of Chief Justices and Chief Ministers. Of
these cases, 1.9 crore are between two and five years old.
Some 23 per cent of the cases (1.1 crore) are over five years
old.  While for subordinate courts the “five plus” (more
than five years old) cases are 23 per cent of the overall
cases, these cases comprise 43 per cent of High Court
cases.
Proposals for judicial reform, including to increase
the number of judges, should not be seen in isolation. The
fundamental struggle over the competing visions of India
has profound implications for the country’s judicial
system.  Expan ding the number of judges as the Chief
Justice of India demanded is essential for strengthening
the progressive, democratic vision of India. The vision for
judicial reform in India, and the performance metrics of
the judicial system, should consciously support the
progressive, democratic vision of India. Lawyers, law
teachers and judges should play a proactive role in
bringing about the democratic social transformation
envisaged in the Constitution. 첸
G. Mohan Gopal is a former Director of the National
Judicial Academy, Bhopal, and a former Director of the
National Law School of India University, Bengaluru.
8
 COVER STORY
Beyond rhetoric
The problem of pendency of cases in the judicial system must be examined
on the basis of data and not anecdotal evidence. B Y ALOK PRASANNA KUMAR
BUT FOR THE CHIEF JUSTICE OF INDIA’S
outburst against the government, ostensibly due to the
delay in the process for appointment of judges, the bien-
nial Chief Justices and Chief Ministers Conference, 2016,
would have gone unnoticed and mostly unremarked be-
yond a closed circle of the legal fraternity. What it has
instead done is to bring back the focus on the Indian
justice delivery system’s perennial failings—delays in the
disposal of cases and high pendency of cases.
The words “delay” and “pendency” have been used
rather loosely and lazily by policymakers and academics,
which has left the nature of the problem undefined and
poorly diagnosed. An absolute number of cases pending
in the Indian judicial system—3.5 crore cases, or some
similar number—is trotted out by way of complete expla-
nation without trying to put it in proper context. Like-
wise, when it comes to delay, everyone has a story akin to
Dickens’ Jarndyce v Jarndyce from Bleak House but few
offer data or a statistical analysis of the problem.
When one digs through available data, one finds a
much more complex picture of the working of the judi-
ciary that is beset by myriad problems that require differ-
ent kinds of interventions by the various actors. In this
piece, I discuss the vital statistics of the Indian judiciary
in the context of pendency and delay with the hope that
the discussion on how to improve the functioning of the
Indian judicial system will be more informed and data-
driven, rather than emotional and anecdotal.
PENDENCY
The figure often cited—3.5 crore cases pending in the
system—reveals nothing about the actual pendency
problem in India. It may not even be an accurate number.
Remarkably, the figure “3.5 crore” has been cited for
nearly two decades now as the total number of pending
cases. It has been cited by lawyers, academics, judges and
policymakers with absolutely no reference to the source
or veracity of this figure. The fact that this completely
incorrect statistic has been cited without even a little
preliminary research or statistical study shows why the
problem of pendency will always be misdiagnosed.
One source to ascertain the correct total number of
cases is the Court News publication of the Supreme Court
9 FRONTLINE .
of India, published quarterly. It contains details of all the
cases pending in the Supreme Court, the High Courts
and the district courts. In the latest issue of Court News
we find there are 59,910 cases pending in the Supreme
Court, 40,05,704 in the High Courts and 2,71,56,020 in
the lower courts, a total of 3.1 crore cases—smaller than
the “3.5 crore pending cases” figure.
These figures must be placed in the context of the
overall number of cases that are disposed of in the coun-
try’s courts in a given year. The number of filings have
been steadily increasing over the years and as per the
latest figures available from Court News for a 12-month
period, the Supreme Court disposed of 87,846 cases, the
High Courts 16,87,743 cases and the district courts
1,86,05,800 cases. It has to be kept in mind that the
overall “pendency” data do not disaggregate the numbers
based on when the cases were filed and do not therefore
present the true picture of the actual pendency of cases.
In fact, according to Court News data, all three levels of
the judiciary actually brought down the number of pend-
ing cases in the last year; substantially in the case of the
Supreme Court but marginally in the case of High Courts
and district courts.
This is not to say that there is no pendency problem.
Rather, it is to say that the problem must be understood
in its proper perspective. If we define the problem as one
where the number of cases pending per judge is vast,
making it difficult for the judge to do justice to the case
(pun intended), then we have to examine how many cases
are pending per judge at different levels in India (see
Table 1). These numbers must also be seen in the context
MAY 27, 2016
of how many cases are disposed of per judge in a given
year.
While this would also not be the complete picture, it
gives us more clarity on the pendency problem, in com-
parison with the number of cases filed. From these num-
bers, it is evident that, whether in terms of the absolute
number of cases pending per judge, or in relation to the
number of cases filed per judge, the High Courts suffer
from the worst pendency problem among the three layers
of the Indian judiciary. Even among the High Courts,
there are significant differences in the burden of pen-
dency. If one looks only at the ratio of cases pending per
judge to the number of cases disposed of in a year per
judge, the highest numbers are found in the High Courts
(as given in Table 2).
Though there are other High Courts with a higher
absolute number of cases pending, the five High Courts
that feature in Table 2 are those where the pending cases
are extremely high in relation to the disposal over a year.
In simpler terms, the ratio indicates the number of years
these High Courts will need to reduce their pending cases
to zero if no further cases are filed in that time. While
these are just the High Courts with the worst problem,
the overall situation with High Courts when it comes to
the ratio of pending cases to the disposal rate, when
compared with the Supreme Court and the district
courts, is also troubling.
There is another reason not to give credence to an
absolute number of cases pending—there is no universal-
ly accepted definition of what is a case across courts. This
problem was highlighted by the Law Commission of
India in its 245th Report titled “Arrears and Backlog:
Creating Additional Judicial (wo)manpower” when it
sought to try and assess what would be a realistic number
of judges needed at the district court level in India. What
the Law Commission found was that each State, and even
each district, seemed to have different norms for what
counts as a “case”. In some instances only the main
FRONTLINE . MAY 27, 2016
proceedings were counted; in others, even applications
and interim proceedings within a case were counted as a
separate case. The absence of a single, unified definition
of what is a “case” must make us treat any national
number of “pendency” with circumspection and look to
address the problem at the level of each State.
DELAYS
As with the problem of pendency, the discussion on
delays has proceeded with little thought for the actual
numbers or an overall accurate picture of how long a case
takes to get disposed of in the system. Most coverage of
the judicial system in India pivots on an anecdote or two
about a long-standing rent, property or criminal matter,
which took the better part of a couple of decades to be
decided, or worse, is still pending. An egregious example
of such a delayed case can be seen in the Supreme Court’s
judgment in DDA vs Anant Raj Agencies where the pro-
ceedings culminated after a scarcely believable 41-year-
battle in court, having gone through every level of the
judicial system between 1975 and 2016.
Yet, examples such as these, egregious as they are,
cannot form the complete basis to understand what ac-
tually ails the judicial system. To do this, one must exam-
ine the data on how long cases have actually been
pending in the judicial system. In the context of district
courts, the data for this are present on the National
Judicial Data Grid (NJDG), which gives a break-down of
how long cases have been pending in the system. The
NJDG was made public in September, 2015, as part of the
e-Courts project, connecting all district courts which
have been computerised on to one platform where cases
can be easily monitored. While not all district courts are
on the system at the moment, details of over two crore
pending cases are currently available, enough to give us a
10
good idea of what the picture is likely to be over how long
cases have been pending in courts (see Table 3).
As of May 4, 2016, 27.81 per cent of all cases were
pending for more than five years, with 10.28 per cent
pending for more than 10 years. If any effort has to be
made at addressing the problem of delays, it is these cases
that deserve immediate focus to ensure that no case is
pending in a given court for more than five years. Once
that is ensured, efforts can be made to reduce the number
of cases pending for more than two years, and so on.
Given the scale of the problem it may be impossible to
ensure no case is pending for more than five years, but if
the overall percentage is brought down to a minuscule or
negligible figure, significant progress will be made.
As with “pendency”, the problem of delays is not
uniform. Uttar Pradesh, Gujarat, Maharashtra and Bi-
har, account for more than 70 per cent of the cases
pending for more than 10 years, even though they ac-
count for only 50 per cent of all pending cases (see Table
4). While it is only to be expected that the States that have
the highest number of pending cases will also have the
highest number of cases pending for more than 10 years,
it is interesting to note that in these States (save for
Maharashtra) the percentage of delayed cases is greater
than the percentage of pending cases nationally.
West Bengal, Gujarat, Odisha, Bihar, Jammu and
Kashmir and Uttar Pradesh have the highest percentage
of cases pending for more than five years. In these States,
more than one in three cases have been pending for more
than five years. Tables 4 and 5 show the problem of delay
is most acute in West Bengal, Gujarat, Odisha, Bihar,
Jammu and Kashmir, Maharashtra and Uttar Pradesh.
Any effort at tackling the problem of delays in the judicial
system must therefore lay emphasis on reducing the
number of delayed cases in these States (see Table 5).
CONCLUSIONS
There is still much by way of nuance that can be teased
out from the numbers as one goes deeper. The point,
however, remains that there is no simple diagnosis and
no silver bullet to solve the problem. An increase in the
overall strength of the judiciary, as often suggested and
sought by the CJI, is a meaningless and futile exercise if
the appointment mechanisms are not robust enough to
ensure that these new positions are filled in time with
competent men and women. The quality of legal educa-
tion and the Bar has a large bearing on the quality of
judges who are ultimately selected to fill these posts.
11
Even if all the posts are filled, there is also the further
requirement of ensuring adequate support staff and in-
frastructure for the judges to be able to function properly.
Even then, all of this will ultimately prove to be futile if
the procedural laws and rules are not updated, keeping in
mind modern trends in judicial process.
The problems of the Indian judiciary, therefore, re-
quire both the State and Central governments, along with
the High Courts and the Supreme Court, to work in
coordination and concert. Instead of broadly trying to
address “delay” or “pendency” in the abstract, what is
needed is focussed attention to the many aspects of the
Indian judiciary that require repair. At the district court
level, each State will require a solution tailored to its
specific needs depending on the exact nature of the prob-
lem being faced by it. This requires the High Court and
the State government to work in close coordination to
properly identify and remedy this problem. The Central
government and the Supreme Court may at best play a
supervisory and advisory role in this matter but in assess-
ing whether more judges are needed, and ensuring that
existing vacancies are filled up, adequate infrastructure is
built and quality judges appointed, it is the duty of the
High Courts and the State governments to tackle the
problem.
At the level of the High Courts themselves, the imme-
diate pressing problem is one of a severe shortage of
personnel. The latest figures from the Department of
Justice show that as of April 1, 2016, 462 posts or 43 per
cent of the posts of High Court judges are vacant. Even if
the Central government clears the 169 pending appoint-
ments, it still leaves nearly 30 per cent of the posts vacant.
As the numbers have shown, the pendency problem (and
quite likely, the delay problem) is much higher in the
High Courts than in the district courts and requires
immediate action. For better or worse, the collegium
system is here to stay, and it is incumbent on the Supreme
Court and the Central government to ensure that it func-
tions at its efficient best.
The Indian judiciary, one of the largest in the world,
bestowed with wide-ranging powers of judicial review
and rigidly protected from executive interference in the
Constitution, cannot be seen to succumb under the
weight of its responsibility. 첸
Alok Prasanna Kumar is a Senior Resident Fellow at
the Vidhi Centre for Legal Policy. The views expressed
in this piece are entirely his own.
FRONTLINE . MAY 27, 2016
 COVER STORY
New look, old style
Chief Justice of India T.S. Thakur’s tenure has so far drawn
mixed responses from the Bar. B Y V. VENKATESAN
CHIEF JUSTICE OF INDIA T.S. THAKUR,
whose tenure began on December 3, 2015, will retire on
January 3, 2017. A performance appraisal of a CJI in the
middle of his tenure has its own risks and may not yield a
complete balance sheet of his achievements and setbacks.
Yet, a close look at his initiatives and responses so far
suggests a remarkable personality who finds himself at
the helm of affairs at a crucial juncture at the apex court
wanting to achieve whatever that is possible within the
limited time available to him.
Many in the Bar ask whether Justice Thakur, who
spoke impromptu at the recent conference of Chief Min-
isters and Chief Justices in New Delhi on April 24, did
really break down or merely intended to draw attention
to the serious crisis facing the judiciary. But there is no
doubt that his was an impassioned plea to the govern-
ment to increase the strength of judges and clear all
pending files relating to judicial appointments.
PTI
CH IE F J US T I C E of India Justice T.S. Thakur.
FRONTLINE . MAY 27, 2016
One of the legacies that Justice Thakur inherited
from his predecessor, Justice H.L. Dattu, was the grow-
ing tussle between the executive and the judiciary over
the power to appoint and transfer judges. During Justice
Dattu’s tenure, the Narendra Modi government, fresh
after coming to power at the Centre with a landmark
electoral verdict in its favour, wanted to clip the powers of
the judiciary by setting up the National Judicial Appoint-
ments Commission (NJAC) through an amendment of
the Constitution. The NJAC sought to end the system of
judges appointing themselves through the collegium cre-
ated by the Supreme Court in 1992. The Supreme Court’s
five-judge Constitution Bench, however, struck down the
NJAC Act and the 99th Constitution Amendment Act on
October 16, 2015, because it violated judicial independ-
ence, a basic feature of the Constitution, and revived the
collegium system. The Supreme Court collegium com-
prises the Chief Justice of India and four of his senior-
most colleagues.
As the court took more than six months to decide the
constitutional validity of the NJAC, during which the
collegium was under a self-imposed restraint from meet-
ing and recommending new appointments and transfers,
it resulted in vacancies not being filled up in the High
Courts and the Supreme Court. That led to an accumu-
lation of cases.
Thus, as on May 1, 2016, there were six vacancies in
the Supreme Court and 433 vacancies in the 24 High
Courts. The Supreme Court has an approved strength of
31 judges, while the High Courts’ combined approved
strength is 1,065 judges. The CJI’s lament stems from the
fact that if immediate steps are not taken to fill the
vacancies, they are likely to mount further as many of the
current judges are likely to retire in the course of the next
few months. In the Supreme Court itself, five judges will
retire before the end of this year.
The revival of the collegium by the Supreme Court in
October last year by itself did not mean the end of the
imbroglio between the government and the judiciary.
The Constitution Bench, which heard the NJAC case, had
set for itself the task of reforming the collegium, and
delivered a consequential judgment in the case on De-
cember 16, 2015. It asked the government to supplement,
12
in consultation with all the stake- meetings and recommend new ap-
holders, the existing Memoran- pointments until the new reformed
dum of Procedure (MoP)— a series collegium is put in place.
of guidelines for making appoint- Thus newspapers reported on
ments and transfers to the higher May 5 that the collegium recom-
judiciary, which was drafted way mended four new judges to the Su-
back in 1999—in the light of its preme Court. They are Chief
suggestions for reform. Justice of the Madhya Pradesh
As on May 6, 2016, the govern- High Court A.M. Khanwilkar,
ment has not yet completed this Chief Justice of the Allahabad High
exercise of revising the MoP as it Court D.Y. Chandrachud, Chief
sought to see in it an opportunity to Justice of the Kerala High Court
indirectly clip the powers of the Ashok Bhushan, and former Addi-
judiciary, which it could not do di- tional Solicitor General and senior
rectly. Thus, one of the clauses in advocate in the Supreme Court L.
the draft MoP said, according to Nageswara Rao.
reports in the media, that the gov- In the light of the Supreme
ernment could reject a recommen- Court’s own standards of transpar-
dation of the collegium for ency, the collegium could have an-
appointment on the grounds of na- J U S T I C E Rajiv Shakdher and Justice nounced these recommendations
tional interest or national security Abhay Mahadeo Thipsay (below), known officially through its website. But it
concerns. for their legal acumen and impeccable chose to announce its recommen-
Another clause in the draft integrity. Their recent transfers dations through selective leaks to
MoP says that in case the govern- were disappointing. the media, which did little credit to
ment rejects a recommendation, its credibility.
the collegium cannot send it again. The reports also said that the
This is not the case in the current collegium recommended the trans-
MoP, according to which if a rec- fer of Uttarakhand High Court
ommendation, after reconsidera- Chief Justice K.M. Joseph as the
tion, is reiterated by the collegium, Chief Justice of the High Court of
then it is binding on the govern- Andhra Pradesh and Telangana.
ment. Justice Joseph was recently in the
Media reports suggested that news for quashing President’s rule
Justice Thakur, after consulting in Uttarakhand and passing severe
the collegium, did not give his con- strictures against the Central gov-
sent to these clauses. Another ernment for misusing Article 356
clause in the draft MoP reportedly of the Constitution for the purpose.
favours keeping the deliberations Justice Joseph’s judgment was sub-
of the collegium out of the ambit of sequently stayed by the Supreme
the Right to Information Act, Court, which is currently hearing
which is likely to disappoint in- the Centre’s appeals against it. It is
formation-seekers and proponents not clear whether Justice Joseph’s
of transparency. In the revised gui- transfer was a consequence of his
delines suggested by the Supreme recent judgment setting aside Pres-
Court’s Constitution Bench to re- ident’s rule or a result of his own
form the collegium, transparency is one of the key factors. request to the collegium on health grounds. As the colle-
The other factors that were suggested include the gium’s proceedings continue to be confidential, the truth
creation of a secretariat, a mechanism to handle com- of his transfer may not be known immediately.
plaints, the fixing of eligibility criteria and interaction But the collegium’s two recent transfers of judges
between the collegium and the appointees. In the ab- evoked considerable disappointment in legal circles. The
sence of transparency over the draft MoP itself, it is not transfer of Justice Rajiv Shakdher from the Delhi High
clear whether the government, through the Group of Court to the Madras High Court and that of Justice
Ministers headed by External Affairs Minister Sushma Abhay Mahadeo Thipsay from the Bombay High Court to
Swaraj, incorporated these suggestions in it. the Allahabad High Court were both looked upon as
The government has reportedly offered to reconsider unfair. Both Justices Shakdher and Thipsay are known
the draft MoP in the light of the CJI’s concerns and it is for their legal acumen and impeccable integrity and they
likely that its finalisation may take a few more days. This have delivered judgments that went against the Central
inordinate delay appears to have forced the CJI to aban- government in some cases, involving the rights of citi-
don his self-imposed restraint not to hold the collegium zens. 첸

13 FRONTLINE . MAY 27, 2016

 COVER STORY

Case for appeal courts

The Supreme Court’s decision to hear a PIL petition seeking the
establishment of a National Court of Appeal outside Delhi creates ripples
in legal circles as the court shows its willingness to entertain an idea to
which it was indifferent. BY V. VENKATESAN

W H E N TH E S U PR E M E CO U R T B EN CH
comprising the Chief Justice of India (CJI) Justice T.S.
Thakur and Justices R. Banumathi and U.U. Lalit decid-
ed on February 26 to hear a public interest litigation
(PIL) petition seeking the court’s directions to the Centre
to establish a National Court of Appeal (NCA) outside
Delhi, it took legal circles by surprise. The surprise was
mainly because the court had found an opportunity to
initiate a debate on the subject by entertaining a petition
filed by a well-informed litigant from Chennai, V. Vasan-
thakumar, although it had remained lukewarm to the
idea when it was expressed from time to time by the
bench and the Bar.
But soon realisation dawned on the practical difficul-
H.S. MANJUNATH

ties in realising the idea, even if the bench appeared

sympathetic to it initially.
Vasanthakumar filed a similar petition in October
2014 requesting the court to direct the Central govern-
ment to consider his representation on the setting up of
the NCA, which he had submitted in 2013. The court had
given the Centre six months to consider Vasanthaku-
mar’s representation, as it found that his petition had
raised an issue that was of a positive nature.
But in its reply to Vasanthakumar, the Centre con-
fused the plea to set up NCAs in the four regions of the
country with the opposition of the successive CJIs to the
proposal to set up a bench of the Supreme Court outside
Delhi. The Centre failed to understand the distinction
between an NCA and a Supreme Court bench.
Article 130 of the Constitution, which refers to the
seat of the Supreme Court, says that the Supreme Court
shall sit in Delhi or in such other place or places, as the
CJI may, with the approval of the President, from time to
time deem fit. It is true that successive CJIs have opposed
the idea of setting up Supreme Court benches outside
Delhi on the grounds that it would affect the prestige and
integrity of the apex court. But the proposal to set up
NCAs has nothing to do with the setting up of benches of
the Supreme Court outside Delhi.
In his fresh petition, Vasanthakumar challenged the
FRONTLINE . MAY 27, 2016
A J UD G E listening to litigants at a mega Lok Adalat held
at the District Court Complex in Mangaluru in April 2014.
government’s reply as erroneous and arbitrary. Vasan-
thakumar is not the first petitioner to propose the setting
up of an NCA as a solution to the mounting docket crisis
facing the Supreme Court and to address the problem of
access to justice being aggravated by the geographical
distance of Delhi for litigants living in other regions, and
the time it takes to seek justice at the Supreme Court.
As K.K. Venugopal, amicus curiae appointed by the
Supreme Court in this case, points out in his submissions
to the Supreme Court, the former judge of the Supreme
Court, late Justice K.K. Mathew had, in an article pub-
lished in 1982, contemplated Courts of Appeal to relieve
the huge backlog of cases in the Supreme Court.
Justice P.N. Bhagwati, in Bihar Legal Support Au-
thority vs Chief Justice of India [(1986) 4 SCC 767], said:
“The Supreme Court of India was never intended to
be a regular court of appeal against orders made by the
High Court or the sessions court of the magistrates. It
14
was created for the purpose of laying down the law for the
entire country and the extraordinary jurisdiction of
granting special leave was conferred upon it under Arti-
cle 136 of the Constitution so that it could interfere
whenever it found that the law was not correctly enun-
ciated by the lower courts or tribunals and it was neces-
sary to pronounce the correct law on the subject.”
More to the point, the Constitution bench in that case
declared: “We think that it would be desirable to set up an
NCA which should be in a position to entertain appeals
by special leave from the decisions of the High Courts and
tribunals in the country in civil, criminal, revenue and
labour cases and so far as the present apex court is
concerned, it should concern itself only with entertaining
cases involving questions of constitutional law and public
law.”
The Law Commission of India, in its 229th Report
(2009), recommended the setting up of a Cour de Cassa-
tion in each of the four regions to have these Courts of
Appeal as final courts with regard to the matters entrust-
ed to them.
Venugopal also cites the research paper published by
Nick Robinson, a Yale Law School Research Fellow, that
10 per cent of the cases filed in the Supreme Court
emanate from Delhi, 6.2 per cent from Punjab and Ha-
ryana, and 6.2 per cent from Uttarakhand, with only 1.1
per cent and 2.4 per cent from large States like Tamil
Nadu and Karnataka. According to Venugopal, this im-
plies that the distance of the Supreme Court from the
southern States would, in fact, be an impediment to
access the apex court in Delhi.
According to information provided by the Supreme
Court on its website, as on September 30, 2015, the
number of pending cases stood at 59, 910. Of these, even
if one excludes connected matters as suggested by the
court itself, the result would be 36,414.
The number of Constitution bench matters, which
have been pending for many years, was 29. Although this
number is minuscule, the early disposal of these matters
would have resulted in filling the grey areas in law, which
could lead to early and expeditious disposal of several
pending cases as well. When the present CJI, T.S. Tha-
kur, set up three Constitution benches of five judges each
after taking over office in December last year, members
of the Bar felt relieved that the court had finally woken up
to the need to give priority to Constitution bench matters
and that as a result they could expect authoritative court
rulings on key issues.
According to Venugopal, merely augmenting the
number of judges in the Supreme Court will not solve the
problem of pendency of cases. Even if the apex court
As on September 30, 2015,
the number of pending
cases stood at 59,910.
15
attempts to adjudicate all the pending cases, it will neces-
sarily accumulate vast arrears over a period of time and
the court is bound to fail in hearing and disposing of cases
within a reasonable time frame. This is likely to erode the
confidence of litigants in the effectiveness of the court in
delivering justice.
Venugopal, therefore, suggests the creation of four
regional or zonal Courts of Appeal, which would absorb
the 140 categories of cases relating to matrimony, rent
control, labour, service, and land acquisition, among
others, entertained by the Supreme Court. These cases
would belong to the exclusive jurisdiction of the Courts of
Appeal.
The Supreme Court would then be left with only
those cases that would fall within the jurisdiction vested
in it by the framers of the Constitution and covering
essentially the following matters:
I) All matters involving substantial questions of law
relating to the interpretation of the Constitution or of
national or public importance;
II) Validity of laws, Central and State;
III) The judicial review of constitutional
amendments;
IV) Resolving conflicts between States and the Centre
as well as the original jurisdiction to dispose of suits in
this regard;
V) To settle differences of opinion on important is-
sues of law between High Courts; and
VI) Presidential references under Article 143 of the
Constitution.
Thus, Venugopal has proposed that the Constitution
be amended by adding Article 136A, whereby the NCAs
would exercise the powers, which were hitherto being
exercised by the Supreme Court under Article 136 of the
Constitution. Article 136 (1) enables the Supreme Court
to use its discretion to grant special leave to appeal from
any judgment, decree, determination, sentence or order
in any cause or matter made by any court or tribunal in
the territory of India.
The Attorney General, Mukul Rohatgi, however, op-
posed the plea for setting up the NCAs, as in his view, it
would further delay the process of justice delivery by
adding one more layer of appeal between the High Courts
and the Supreme Court.
When pointed out that the decisions of the NCAs
would have finality over matters that are exclusively un-
der their domain, the Attorney General modified his
concerns by asking what would happen to the constitu-
tional guarantee to every citizen under Article 32 to move
the Supreme Court through appropriate proceedings for
the enforcement of the rights conferred by Part III of the
Constitution, dealing with Fundamental Rights. Rohatgi
has also opposed the reference of the case to the five-
judge Constitution bench, as suggested by the CJI, claim-
ing it would be a waste of the court’s precious time.
Despite the Centre’s opposition to the idea, the Su-
preme Court’s three-judge bench has reserved its deci-
sion on whether to refer the case to a larger bench to
debate the issue by hearing all the stakeholders. 첸
FRONTLINE . MAY 27, 2016
 COVER STORY
‘NCA not in conflict
Interview with K.K. Venugopal, Senior Advocate in the Supreme Court.
B Y V. VENKATESAN
KOTTAYAM KATANKOT VENUGOPAL IS AN
eminent advocate practising in the Supreme Court of
India. His father, the late M.K. Nambiar, was the counsel
for A.K. Gopalan, who challenged the Preventive Deten-
tion Act, the first constitutional law case of great signif-
icance in independent India. Enrolled as an advocate in
January 1954, Venugopal was designated Senior Ad-
vocate by the Supreme Court in March 1972. Recipient of
the Padma Bhushan (2002) and Padma Vibhushan
(2015) awards, 84-year-old Venugopal is respected for
his legal acumen and outstanding contribution to the
practice of law. Venugopal made significant submissions
before the Supreme Court as amicus curiae in the just-
concluded hearing on the public interest petition filed by
V. Vasanthakumar, an advocate practising in Chennai,
seeking establishment of National Courts of Appeal
(NCAs) in four metros. In the face of stiff resistance from
the Centre through Attorney General, Mukul Rohatgi, a
three-judge bench headed by Chief Justice of India T.S.
Thakur reserved its decision whether to refer the petition
to a Constitution Bench for a detailed hearing of the
stakeholders and an authoritative ruling.
In this interview to Frontline, Venugopal outlines his
views on the issues facing the Indian judiciary and the
difference the proposed NCAs can make to improve its
functioning. Excerpts:
Can the Supreme Court entertain this petition because
the Centre has claimed that establishing NCAs is a
matter of policy and that according to the doctrine of
separation of powers the judiciary ought not to interfere
in matters of policy.
Access to justice has been held by the Supreme Court
of India to be a fundamental right under Article 21 of the
Constitution, which guarantees the right to liberty. If,
therefore, the Supreme Court is entertaining the petition,
it is for the purpose of enforcement of fundamental
rights. This is not in the nature of the usual PIL where you
are asking the Supreme Court to create law or lay down
guidelines and so on.
The necessity for intervention by the Supreme Court
is because a case, civil or criminal, takes an average of five
to 10 years in the trial court, about seven to eight years in
the High Court, and about five years in the Supreme
FRONTLINE . MAY 27, 2016
Court. This means that the original litigant sometimes
may not even be alive to seek the fruits of the litigation by
the time the case is finally disposed of by the Supreme
Court. It is only his legal representatives who will be
carrying on the litigation. Therefore, I believe, that the
Supreme Court will entertain the case and refer it to a
larger bench of, say, five judges, that is, Constitution
bench, to decide this issue which is of great consequence
to the justice delivery system.
It is a matter of policy. If a policy entrenches funda-
mental rights, the matter also shifts to the arena of the
superior courts’ jurisdiction. The court is not going to, by
itself, legislate. But it will play an important part in
reforming laws by expressing its views after an elaborate
debate where the Union of India also is a party and by
hearing all other stakeholders. Therefore, in the absence
of the executive or Parliament showing any concern
whatsoever for the sake of litigants because they, as a
class, do not form a vote bank, the only manner of activa-
ting the other two branches of government, that is the
executive and the legislature, is by the Supreme Court
debating on it, but leaving it to the government, in its
good sense, to implement it or not.
The NCA, it is clear, will require a constitutional
amendment to be brought into existence. Can the
Supreme Court issue a mandamus to bring about a
constitutional amendment using the PIL jurisdiction?
Just take the period of the Emergency. There were
wholesale amendments to provisions relating to the judi-
ciary for the purpose of cutting down judicial interven-
tion in regard to the validity of laws. To craft or structure
suitable amendments would be the easiest of exercises on
the part of the legislative branch of the government.
The only question which you have to ask is whether
this will conflict with the theory of the basic structure of
the Constitution. In my opinion, it will not. Once you
understand the real structure of the Courts of Appeal, it
will be a fallacy to proceed under the basis that it will
duplicate the exercise of hearing cases by creating an
additional court as a second tier between the High Court
and the Supreme Court.
On the other hand, the Supreme Court, which is
today dealing with cases which no other Supreme Court
16
with basic structure’
or apex court of any other common law country would
touch, is really doing a great disservice to its status as a
constitutional court. It is entertaining cases relating to
matrimonial disputes, custody of children, maintenance,
landlord and tenant, rent control, bail applications and
land acquisition. In other words, every case decided by
the trial court, which goes to the High Court and is then
brought to the Supreme Court is seriously dealt with to
find out whether there is an error of fact, whether the
High Court judgment requires correction. This should
not be the area of consideration in the Supreme Court.
The U.S. Supreme Court restricts its consideration of
cases to a maximum of 120 a year. It does not hesitate to
reject the 121st case. But they also say that we will consid-
er this question when it comes up again in some other
case.
Unfortunately, the Supreme Court of India appears
as if it has a very large heart, which really, according to
me, it should not have. It should be amply professional in
its approach and should not be a court which seeks to
wipe away every tear from every eye. What it does not
realise is that every single case which it takes on file will
result in a case which has been pending for years being
delayed further. And if it goes on taking all these sorts of
cases, which represent 80 per cent of the docket, the
17
K.K. Venugopal.
R.V. MOORTHY
result is that the old cases will go on getting delayed
further. According to me, this is a self-inflicted injury by
the Supreme Court.
If the NCA comes into existence, will litigants be
prevented from seeking another remedy in the
Supreme Court if they are dissatisfied with the NCA’s
verdict?
The entire suggestion which has been made in setting
up the Courts of Appeal is that the workload of the
Supreme Court will now be restricted to matters of con-
stitutional or national importance, differences of opinion
between High Courts, death sentence cases, and the
special powers conferred on the Supreme Court in regard
to suits between the Centre and the States, and so on.
This should represent 15 to 30 per cent of the total
workload today. That will be the exclusive jurisdiction of
the Supreme Court. The Courts of Appeal will not be able
to touch or deal with any one of these cases.
The rest of the classes of cases, including bail, land
acquisition, matrimonial, etc., will stand transferred
bodily to the Courts of Appeal. That will mean the exclu-
sive jurisdiction of Courts of Appeal against which no
further appeal will lie.
And the reason is twofold. One, we cannot afford to
FRONTLINE . MAY 27, 2016
let all decisions rest finally with the High Court because
they, off and on, or sometimes, deliver decisions which
are aberrations and perverse judgments, and therefore
this will require judges sitting in appeal who are selected
in the same manner as judges of the Supreme Court. This
would mean that the Courts of Appeal will be manned by
judges who are elevated from High Courts by the collegi-
um, applying the same yardstick, the same guidelines,
which they use for elevating High Court judges to the
Supreme Court.
So, qualitatively, they will be the handpicked judges
known for their integrity, judicial acumen, experience
and wide knowledge. Four courts of appeal, manned by
15 judges each, in each one of the four regions, namely,
southern, northern, western and eastern, would take
justice closer to the litigants. Today, we find people from
the south not approaching the Supreme Court with the
same number of cases with which persons from States
close to Delhi come to the Supreme Court. The distance,
not being able to access the lawyers quickly, not knowing
whether their cases are coming up, not being able to
travel long distances, cases are posted suddenly to the
next day, all these problems will also get solved.
More importantly, you will have 15 or 20 judges
manning the Supreme Court, who will be able to spend
sufficient time for each case by patiently listening to the
lawyers, not being overwhelmed by the 70 cases which
currently get listed for the day. You will find a totally
different Supreme Court, where the judges will have
leisure to read the textbooks, the jurisprudence available
from different parts of the Commonwealth countries, so
that knowledge and quality of justice will increase. Ac-
cording to me, there will be only 2,500 cases filed every
year instead of 60,000 cases which are filed every year
now. The Supreme Court will be able to dispose of 2,500
cases in one year instead of seven to eight years.
Will the constitutional guarantee to every citizen to
approach the Supreme Court directly under Article 32
remain if the NCA comes into being?
If you are creating courts of the same quality of judges
as the Supreme Court, there is no reason why Article 32
power also should not stand transferred to the Courts of
Appeal. But that is a matter of policy. However, if a
substantial question of interpretation of law or the Con-
stitution arises, it can be done only by the Supreme Court.
Article 136, with the new restraint which will be
applied by the Supreme Court, will continue. But Article
136 A will be there, where the wide discretionary powers
which are exercised by the Supreme Court today can be
exercised by the Courts of Appeal. If that be so, 80 per
cent of the cases now dealt by the Supreme Court will be
considered by the Courts of Appeal under Article 136 A.
These are easy amendments. The structure can easily be
changed. And I do not think that the basic structure will
be affected because you are enhancing the efficacy of the
judicial system. You are bringing into existence a Su-
preme Court which can spend more time listening to
constitutional issues and at the same time an equally
competent Court of Appeal to try other cases.
FRONTLINE . MAY 27, 2016
The Attorney General has alleged that the Madras High
Court has dismissed a similar petition earlier and that
the petitioner before the Supreme Court (V.
Vasanthakumar) has concealed this fact in order to
agitate the issue afresh.
That was on the question of maintainability. Whether
it was mentioned by Vasanthakumar in his petition, I
don’t think that is the real issue in this case. The real
issue, which the AG abruptly rejected, is something
which would enhance the quality of justice. If a case is
disposed of in one year, instead of eight years, if the
litigant is able to approach the alternative court of equal
competence by travelling less distance, I don’t think any-
body can say the basic structure is violated. Basic struc-
ture, if at all, will be enhanced.
The Constitution itself provides for the creation of
Supreme Court benches in other parts of the country.
Can this be an alternative to the NCA?
What difference it will make if 70,000 cases are
pending and if you divide the 31 judges of the Supreme
Court and send some of them to different benches. Of
course, the access to those in the regions where such
benches are set up will be easier, but the total disposal of
cases will be the same. It won’t make any difference. And
you will be diluting the prestige and status of the Su-
preme Court if you set up benches in different parts of the
country. That will not subserve the real purpose of bring-
ing down the huge pendency of cases.
Do you think the proposal for video conferencing can be
an answer to the problem of geographical distances
between the litigant and the Supreme Court?
If there are 60,000 cases in the Supreme Court, four
million cases in High Courts, 40 million cases in sub-
ordinate courts, how can this be an answer? We can’t
compare ourselves with other countries. Canada’s Su-
preme Court tried video conferencing with regard to
cases where the party is in Vancouver or far away; all that
can only be cosmetic as far as India is concerned.
How do you respond to the Chief Justice’s emotional
outburst at the recent conference of Chief Justices?
It only shows how serious the issue is. If you recom-
mend 400 judges for elevation to High Courts, and 40
per cent of them are rejected or there is no response from
the government, what can the Supreme Court do? Be-
cause the litigant public, they do not represent a vote
bank. The government is indifferent to the suffering of
the litigant public because they cannot revolt or go on
strike. And, therefore, there is no pressure on them [the
government]. There are 80 vacancies in Allahabad, 94 in
Bombay, 60 in Delhi and 34 in Madras. How can anyone
close their eyes to this? You are playing with the lives of
citizens. Obviously, judges’ strength has to be increased.
If you get good judges, it will make a tremendous amount
of difference. Our legal education has to be strengthened.
There are 17 national law schools. They produce excellent
lawyers who can compete in the rest of the world. It is a
slow process. I think the government must be more
cooperative, not negative in its efforts. 첸
18
 ASSEMBLY ELECTIONS

Complex scene
With multiple fronts in the fray and several issues, from prohibition
to power supply, at stake, the election scene in Tamil Nadu is making
the guessing game difficult. B Y T . S . S U B R A M A N I A N

M. GOVARTHAN

AIADMK MP T H A MB ID U RA I receiving a copy of the party manifesto from Chief Minister Jayalalithaa at Perundurai in
Erode district on May 5.

FOR a few hours on the morning of April 28, a
carnival-like atmosphere prevailed on the main road in
Kovilpatti town in southern Tamil Nadu. As hundreds of
vehicles carrying supporters of the ruling All India Anna
Dravida Munnetra Kazhagam (AIADMK) thronged the
road, high-decibel music and party propaganda songs
filled the air. Outside the election office of Kadambur S.
Raju, the party candidate seeking re-election from Kovil-
patti in the May 16 Assembly elections, a colourful arch
bearing a portrait of party general secretary and Chief
Minister Jayalalithaa towered over the sea of party work-
19
ers, entertainers, and propaganda vehicles. Traffic had
come to a halt. AIADMK supporters waved the black-
and-red party flag with the image of C.N. Annadurai,
founder-leader of the Dravida Munnetra Kazhagam
(DMK) and former Chief Minister, in the middle and the
party’s election symbol of “two leaves”. Supporters of the
ruling party’s electoral allies, waving their own party
flags, converged on the election office, adding to the din.
A party functionary told this reporter that “Amma
[Jayalalithaa] instructed all the candidates to file their
nomination papers between 12:50 p.m. and 1:20 p.m. on
FRONTLINE . MAY 27, 2016
April 28. She believes this is an auspicious time as per her A I A D M K CA D R E S in front of the party office in Kovilpatti.
horoscope and that this will ensure victory for the
AIADMK. This is a record, for 233 candidates will be Makkal Katchi, the Puthiya Tamizhagam and others as
filing their nominations simultaneously at a particular its constituents; the Desiya Murpokku Dravida Kazha-
time.” gam (DMDK)-led People’s Welfare Front (PWF); the
Jayalalithaa filed her nomination papers on April 25 Pattali Makkal Katchi (PMK); the Bharatiya Janata Par-
from the Dr Radhakrishnan Nagar constituency in Chen- ty(BJP)-led alliance; and the Naam Tamizhar Katchi, an
nai. The AIADMK is contesting 227 seats and its minor ultra-nationalist Tamil party led by film director See-
allies are contesting the remaining seven seats on the man. The DMDK is led by its founder and film actor
“two leaves” symbol. Vijayakanth. The PWF comprises the Marumalarchi
Kadambur Raju visited the Shenbagavalli Amman Dravida Munnetra Kazhagam (MDMK) founded by Vai-
temple in Kovilpatti before filing his nomination papers. ko, the Communist Party of India (Marxist), the Commu-
This correspondent waited on the main nist Party of India (CPI), the Tamil
road expecting to see him accompanied by Maanila Congress (TMC) and the Viduth-
his entourage, but he materialised from a alai Chiruthaigal Katchi (VCK), a Dalit
side lane. When asked about his election party which has a strong presence in
plank, he instructed one of his cadres to northern Tamil Nadu. The PWF has pro-
give us his propaganda pamphlet. It was jected Vijayakanth as its chief ministerial
printed on thick paper, and carried the candidate and has promised voters that it
headline in Tamil: “The historical projects would form a coalition government if it is
A. SHAIKMOHIDEEN

implemented in the last five years during voted to power.

the golden rule of honourable Amma in
the Kovilpatti Assembly constituency.” ISSUES AT STAKE
Tamil Nadu is witnessing a six-cor- One issue that is being hotly debated
nered contest involving the ruling across the State is prohibition. Be it Saroja,
AIADMK and its six allies; the DMK-led K A D A M B U R S . R A J U, a vegetable seller at Chettymandapam
alliance with the Congress, the Indian the AIADMK candidate for near Orathanad in Thanjavur district; a
Union Muslim League, the Manithaneya Kovilpatti. group of Dalit women seated on the road-
FRONTLINE . MAY 27, 2016 20
 gradual prohibition?” he sarcastically asked about Jaya-
lalithaa’s assurance. “We are for total prohibition,” he
emphasised.
On April 9, at an AIADMK rally on Island Grounds in
Chennai, which marked the start of her campaign, Jaya-
lalithaa said that although she was for total prohibition
“it is not possible to bring about total prohibition with
one signature” and that “it can be reintroduced only in
stages”. She promised voters that if the AIADMK was
given another term, it would first reduce the working
hours of the liquor shops, then limit the number of shops,
close the bars attached to the liquor shops, and open
rehabilitation centres for addicts, all in stages.

MOOD IN THE WEST

People see a link between sales in the liquor shops and the
lack of money circulation. Shah Jehan said: “When a
labourer who earns about Rs.350 a day spends much of it
on liquor, how much money can he give his wife to buy
groceries, vegetables or milk? The entire money goes to
TASMAC, where it gets locked up. Still the government
says it has a deficit budget.” E. Ayyamperumal, standing
at the intersection on the national highway from Coim-
batore that led to Sankagiri constituency in Salem dis-
A. SHAIKMOHIDEEN

trict, went ballistic when this reporter struck up a

conversation with him. “There is no money circulation at
all. Real estate has crashed. If one acre of land costs Rs.1
crore, I am able to sell it only for Rs.25 lakh. I am not able
to sell any parcel of land. There are no buyers for flats
either. I am an AIADMK man but am upset that there
has been no money circulation for the past few years.” He,
side at Indira Nagar in Periyakulam (reserved) constitu- however, praised Jayalalithaa for setting up Amma can-
ency; the elderly M. Gopal, seated at a tea stall at teens and Amma pharmacies and initiating the scheme
Dasarayapalayam coming under the Avinashi constitu- to sell Amma cement bags. Yet, he predicted that “a
ency near Coimbatore; J. Shah Jehan, who sells sunglass- change will come about” in the State.
es and helmets on the footpath near “Quarry Office” at Other issues that have come to the fore are “lack of
Madukkarai on the Coimbatore–Palakkad highway; A.
Kumar at Manapparai; or R. Das, DMDK councillor of
Ulundurpet, the categorical demand is the closure of
liquor shops run by the Tamil Nadu State Marketing
Corporation (TASMAC). Women are more vociferous in
their demand. Mariammal of Indira Nagar in Periyak-
ulam said: “These brandy shops have ruined most of the
families.” Sumathy said: “If the TASMAC shops are shut
down, Tamil Nadu will be clean.” The reason she felt so
strongly about the need for prohibition was that her
husband was killed when he was hit by a car near Indira
Nagar. The suspicion is that the car was driven by a drunk
driver. Another group of voters wondered if it was pos-
sible to bring back prohibition in one stroke or imple-
ment it in stages. Their stand depended on their political
affiliation. While DMK president and former Chief Min-
ister M. Karunanidhi has promised to bring back “total
prohibition”, Jayalalithaa has promised to reintroduce
S.S. KUMAR

prohibition in stages.
“Taking into account the ills of liquor consumption,
our first signature after assuming office will be to imple-
ment total prohibition,” Karunanidhi told an election M D M K C HI E F Vaiko addressing the media in
meeting at Mayiladuthurai on April 24. “What is that Puducherry on April 29.

21 FRONTLINE . MAY 27, 2016


DM K P R E S I D E N T M. Karunanidhi with State Congress
president E.V.K.S. Elangovan at a public meeting in
Tiruvarur constituency on April 25. Karunanidhi is
contesting the seat.
money circulation”, the crash in real estate prices; the
failure of the government to desilt and deweed canals,
rivers, lakes and ponds; mechanisation of farming and
the consequent unemployment problem; erratic power
supply; failure of the AIADMK government to stem the
flight of industries from the industrial city of Coimbatore
to Karnataka; frequent arrests of Tamil Nadu fishermen
by the Sri Lanka Navy, and so on. Often local issues
dominate election discourse. They include tanneries dis-
charging effluents into the open ground making farm-
land and groundwater unfit for use at Kuttiapatty and
other villages in Dindigul district, discharge of effluents
from dyeing units into the Noyyal river in Erode and
Tiruppur districts, and the revival of “jallikattu” (the
bull-taming sport) in Madurai and Sivaganga districts.
THONDAMUTHUR CONSTITUENCY
N. Palanisamy, a retired sub-inspector of police, and his
friend, R. Rajagopal, a former employee of a private firm,
of Thondamuthur on the outskirts of Coimbatore are
sure “a change is in the offing”. Attention is focussed on
the Thondamuthur constituency because S.P. Velumani,
Rural Industries and Law Minister, is seeking re-election
from there. Explaining why a change is round the corner,
Palanisamy, seated comfortably in the village square,
FRONTLINE . MAY 27, 2016
BIJOY GHOSH
said: “Real estate is down. There is less money circula-
tion. Registration charges for buying properties is high.
Agriculture has taken a beating because the rains failed
last year [2015]. Agricultural land has become housing
sites. But there is no buyer for them because people do
not have ‘paisa’. In Sembanur, Thazhiyur, Madhampatti,
Narasipuram and Kuppepalayam, elephant-human con-
flict is on the rise. So people do not want to buy land there
although these are scenic places.”
However, there is praise for Velumani for providing
drinking water facilities and good roads. The assessment
is that he may not have to fight hard to retain his constitu-
ency because Syed Mohammed of the MMK, who is
contesting against him, is not considered a tough oppo-
nent. Yet, in the analysis of S. Thamaraiselvan, the DMK
representative for the Thondamuthur panchyat union, it
will not be a cakewalk for Velumani because there are
about 43,000 Muslim voters in the constituency. “If most
of them vote for Mohammed, it will become a tough
contest.”
There were other imponderables too, such as the
three parties that claim to represent the interests of
Gounders, who form a sizable chunk of the population in
the “Kongu mandalam”, consisting of Coimbatore,
Erode, Tiruppur, Salem, Namakkal and Karur, in the
western region of the State. The parties are the Konguna-
du Makkal Desiya Katchi (KMDK) led by E.R. Eswaran,
the Kongu Nadu Jananayaga Katchi (KJK) headed by
G.K. Nagaraj, and the Kongu Nadu Munnetra Kazhagam
(KNMK) led by “Best” Ramasamy. Velumani is a Goun-
22
der, but a split of the Gounder votes can affect his chanc-completed in the State, from Tamil Nadu’s share of the
es, Thamaraiselvan said. federal power stations and from agreements reached for
buying power on a medium- and long-term basis, she
POWER SITUATION said. She called this addition to power availability “a
In Coimbatore city, which is a premier industrial and historical achievement” and claimed that there had been
textile centre, voters are in an irritable mood. This, de- “no power cut at all from June 2015”. The loot of granite
spite the claim of the AIADMK government that Tamil during the previous DMK regime was stopped during
Nadu had now become an “electricity surplus State” after AIADMK rule, she said.
the debilitating power cuts during the DMK rule (2006 Karunanidhi has been constantly criticising the
to 2011) and the first four years of the AIADMK regime. AIADMK government’s claims on the power situation.
The 10-hour daily load-shedding during AIADMK rule In a letter addressed to DMK cadres on April 9, he
had led to an exodus of industries to Karnataka and asserted that “after the AIADMK came to power, no
Maharashtra, which left the plans were made for any new power gen-
State government looking red- eration project, no tenders floated and
faced. At Sundampalayam in not even a single MW has been generat-
Coimbatore West constituency, ed”.
workers were furious that hun- If the State government’s debt bur-
dreds of small and micro-in- den was Rs.1,03,999 crore in 2011-12, it
dustrial units had closed down shot up to Rs.2,11,482 crore in 2015-16,
in the district. One in a group of he said. Statistics revealed that of the 21
men assembled at Sundampa- major States, Tamil Nadu ranked 20th
layam said: “Coimbatore’s in- in overall development, 17th in infras-
dustry has been hit hard. Job tructural facilities and 13th in the edu-

L. BALACHANDER
orders for mixies, grinders and cational sector. Nearly 10,000 murders
motor pumps have come down. and about one lakh robberies and thefts
There are no orders for units had taken place during this time period.
that make forgings and cast- The National Crime Records Bureau re-
ings. The ‘industrial line’ is D M K T REA S U RER M.K. Stalin vealed that 2,123 farmers had commit-
completely choked. There have addressing a public meeting in ted suicide in the State.
been power-cuts several times a Ramanathapuram on May 6. Elangovan ridiculed Jayalalithaa’s
day in the past two years and a claims on her government’s achieve-
half. So unable to ‘balance’ the power cut with loss of ments in the power sector. He pointed out that Jayala-
production, many industries have relocated to other lithaa, in her party’s manifesto in 2011, had promised
States. But Jayalalithaa claims that Tamil Nadu has sur- that [an extra] “5,000 MW will be generated by 2013”
plus power now.” At Kuttiapatty in Athur constituency, and that all villages and towns would receive three-phase
Abdul Salam, a rice merchant, said: “If there is no power power supply by 2015. “However, there has been an
cut in Tamil Nadu now, it is because industries have fled unannounced power cut at present by the AIADMK
to Andhra Pradesh and Karnataka. Electricity consump- government” and people were suffering because of sum-
tion has, therefore, come down.” Abdul Salam argued mer, he said on May 1. If the State’s requirement was
that Karunanidhi’s assurance that he would re-introduce 15,400 MW, it was receiving only 13,000 MW. Farmers,
prohibition in one stroke had more credibility because it weavers and industrialists were suffering due to shortage
was the DMK president who first promised to shut down of electricity.
liquor shops. Elangovan said: “Since no investment was made in
The power situation is a livewire issue in the cam- the last five years in power generation, not even one MW
paign, with Karunanidhi and E.V.K.S. Elangovan, presi- was generated. Generation of power is made only from
dent of the Tamil Nadu Congress Committee, on the one the electricity projects inaugurated during the previous
side, and Jayalalithaa on the other exchanging a fusillade DMK regime and the Jayalalithaa government made no
of allegations. Addressing an election rally in Coimbatore effort to start new power projects.” Although the Centre
on May 1, Jayalalithaa said that, as promised in her in 2012 had permitted the setting up of a 4,000 MW
party’s election manifesto in 2011, the State was now power project at Cheyyur in Kancheepuram, work had
“glowing” with electricity and that “there is no power cut not begun on it. There was no progress in the Udangudi
at all”. She claimed: “Quality power without any in- power project either, he said.
terruption is being provided to farmers, weavers, small
industries, big industries and trade centres.” After the V A I K O ’ S W I T H D R A W A L
AIADMK was voted to power in 2011, action was taken to Kovilpatti constituency was in the news on April 16 when
speedily complete several electricity generation projects Vaiko announced that he would contest from there. The
and buy power from other States, she said. In the past five news generated interest because he is the star campaign-
years, Tamil Nadu’s capacity had gone up by an addition er for the PWF.
of 7,485.5 megawatts. This was from the power projects On April 4, Jayalalithaa named K. Ramanujam Ga-

23 FRONTLINE . MAY 27, 2016

nesh, a lightweight, as the AIADMK candidate for Kovil-
patti. However, when the news was out that Vaiko was
planning to contest from Kovilpatti, she brought back
Kadambur Raju, who could pose a challenge to Vaiko. All
the three, Vaiko, Ramanujam Ganesh and Kadambur
Raju belong to the Naidu community.
Vaiko dropped a bombshell on April 25 when he
announced that he was opting out of the contest at
Kovilpatti, alleging that the DMK was planning inter-
caste tension in the constituency and blaming him for it.
Vaiko turned a bitter foe of the DMK after his expulsion
from the party and he went on to form the MDMK in
1994. He said he took the decision not to contest because
a group of people in Vadakku Thittangulam village in the
constituency prevented him from garlanding the statue
of Pasumpon Muthuramalinga Thevar. The group did
not want Vaiko to garland the statue because Vaiko
reportedly spoke ill of the Thevar community at Udumal-
pet in Tiruppur district after a Dalit youth, V. Sankar, was
murdered there on March 13, for marrying a caste-Hindu
girl.
However, Vaiko went on to garland the Thevar statue
at Vadakku Thittangulam. Vaiko’s decision to withdraw
from the contest drew jibes from the DMK, the AIADMK
and the BJP. They said he was running away from the
A. MURALITHARAN
ANB UMA N I R A MA D O S S , PMK leader, at an election
meeting in Samayapuram in Tiruchi.
FRONTLINE . MAY 27, 2016
battle because he knew he would lose. An AIADMK
leader said: “Vaiko developed cold feet after Jayalalithaa
fielded Kadambur Raju against him. Vaiko was afraid
that he would be pushed to the third place.”
Among the other prominent constituencies, Madurai
West, Athur, Ulundurpet, Tiruchi (West), Aravakurichi,
Pennagaram and Kolathur are expected to witness “big
fights”.
MADURAI WEST
It will be interesting to watch the outcome in Madurai
West where three important candidates are battling it
out. They are the AIADMK’s Minister for Cooperation
Sellur K. Raju, G. Thalapathi of the DMK, and U. Vasuki
of the CPI(M). Sellur Raju, the incumbent MLA, is mak-
ing every effort to retain the seat. Thalapathi was with the
M.K. Azhagiri faction in the DMK but switched loyalties
to the M.K. Stalin faction and has been rewarded with the
party ticket. (Azhagiri and Stalin are Karunadhi’s sons.
Azhagiri was “dismissed” from the DMK for anti-party
activities in March 2014.)
Unfazed by the resources at the command of Sellur
Raju and Thalapathi, Vasuki, the daughter of late CPI
(M) veterans R. Umanath and Pappa Umanath, is wag-
ing a spirited fight and knows the issues she has to tackle.
She told Frontline that the three important issues that
the CPI(M) would tackle were the livelihood issues of the
working-class people, a corruption-free government, and
a liquor-free State. “This is the broad focus” of the PWF in
the State.
More specifically for Madurai West, Vasuki said she
would concentrate on three issues: implementation of
the Cauvery Comprehensive Water Scheme to provide
drinking water, deweeding and desilting of canals, lakes
and ponds in the constituency to increase their water-
holding capacity, and supplying drinking water through
bowsers as a temporary solution. “If we can do all the
three, we can combat the shortage of water,” Vasuki said.
To ease traffic congestion, she would try to build the
flyovers that Sellur Raju had “promised” for Madurai
West but “did not implement”, she said. The parks in TVS
Nagar and Pykara would be made usable and maintained
properly. She proposes to work towards setting up an All
India Institute of Medical Sciences in Madurai, a govern-
ment arts college in Madurai West, a playground at
Sammattipuram, a cricket stadium, and a burial ground
for Muslims at Jeeva Nagar. She said she will help resi-
dents living for the past 40 years on the land belonging to
the Tamil Nadu Slum Clearance Board to receive pattas.
ATHUR
It is all sound, fury and dust at Athur constituency in
Dindigul, where heavyweights are trading punches,
hooks and jabs. The major contenders are I. Periasamy of
the DMK and Natham R. Viswanathan of the AIADMK.
They are local satraps, wielding power in the areas under
their control. I. Periasamy is so popular in the constitu-
ency that he is “I.P.” to everybody. He is a die-hard
supporter of Karunanidhi and was a Minister in the
24

U . VAS UK I , C PI (M) candidate for Madurai West, at Jaihindpuram in Madurai on May 1.
Karunanidhi government from 2006 to 2011. He enjoys
the confidence of Karunanidhi so much that his son I.P.
Senthil Kumar has been made the DMK candidate in the
neighbouring Palani constituency.
Periasamy is immensely popular in Athur and every
villager this reporter met appreciated his performance.
But they are angry with tannery owners who release
effluents into the open ground. Stinging, bad odour hits
one’s nostrils in several places in the constituency. The
effluents have ruined the soil, spoiled the groundwater
and wilted thousands of coconut trees in the groves of
Kuttiapatty and other villages.
As we entered Kuttiapatty, we ran into M. Nagaraj.
“Even cattle refuse to drink the groundwater here be-
cause it has been spoilt by the tannery effluents. New
shovels become brittle in a few months. If you build a
house, the bricks become powdery because of the breeze
laden with toxic chemicals in the effluents and the houses
collapse after some years,” Nagaraj said. His wife, Jeyara-
ni, interrupted: “Farmers used to grow paddy and toma-
toes here but they can no longer do so because of the
tannery effluents. The yield from the coconut trees has
come down and the nuts are small in size.”
25
R. ASHOK
Soon a knot of people gathered. K.S.V. Ganesan, one
of them, said, “The groundwater here has been reduced to
chemicals. We cannot even wash our face with it.” V.
Vellaichamy, a farmer, chipped in: “If you do, your eyes
will burn. The water in four big ponds and a lake in
Kuttiapatty has become unfit for use, and paddy, cotton,
tomatoes and maize are no longer cultivated in the area.”
But they refused to blame I.P. “He works for the people
but he is unable to solve this problem of tannery effluents.
He has, however, provided piped drinking water to the
villages,” one of them said. In village after village, people
praised I.P. for being accessible and for bringing several
developmental projects to Athur. His popularity was
visible in the big village of Athur, which boasts a two-
storeyed taluk office and a newly built subtreasury office.
TIRUVARUR
In Tiruvarur constituency, from where the 93-year-old
DMK patriarch is seeking re-election, “the son of the soil”
sentiment has seized the electorate. Karunanidhi belongs
to Tirukkuvalai village in Tiruvarur district. He did his
schooling in Tiruvarur town. His main opponents are
P.S. Masilamani of the CPI and A.N.R. Paneerselvam of
FRONTLINE . MAY 27, 2016
the AIADMK. Hundreds of huts and houses across the
constituency are painted with the DMK election symbol
of the “rising sun”. The walls adorned with propaganda
slogans remind voters that the DMK has promised the
voters that students’ education loans would be repaid, the
loans of small and marginal farmers waived off, the price
of Aavin milk slashed by Rs.7 a litre, and consumers
could pay electricity bills every month, which would
mean lower bills.
P. Rathinam, an itinerant (on his cycle) vendor of
potato chips, fryums and groundnut cakes, and G. Selva-
raj and G. Paneerselvam of Erukkattur, predict that Ka-
runanidhi will win easily, but with a reduced margin.
Their views were similar: “Since it is a six-cornered con-
test, the votes would get split. So, he will win with a
reduced margin this time. It will be less than the margin
of 50,000 votes by which he defeated the AIADMK
candidate in 2011.” Rathinam regretted that Karunanid-
hi could not do much for his constituency in the past five
years because the AIADMK was voted to power. “If the
DMK returns to power, our constituency will see a lot of
development,” he said.
At Ulundurpet, the DMK’s G.R. Vasanthavel will
take on Vijayakanth. At Aravakurichi, the industrialist
K.C. Palanisamy of the DMK has a tough opponent in V.
Senthil Balaji , who was the Transport Minister in the
Jayalalithaa Cabinet. Although she dropped him from
the Cabinet in July 2015 and removed him as Karur
district AIADMK secretary, she has now reinstated him OVE R G R OW TH OF “korai” grass at Koraiyaru in
at Aravakurichi. K. Chandrasekaran, an AIADMK cadre Tiruvarur district. The government’s failure to deweed
from Karur, who was in Tiruchi on April 23 to listen to and desilt waterbodies is one of the issues that rankle
Jayalalithaa’s election speech, said, “Senthil Balaji has voters.
been fielded against Palanisamy because the latter has
money. Only Senthil Balaji can defeat Palanisamy.” crore Thamirabarani-Karumeniaru-Pachaiaru project
announced by the previous DMK government to provide
NANGUNERI drinking water to the Nanguneri, Radhapuram, Tut-
Businessman H. Vasanthakumar of the Congress is con- icorin and Theri areas would be completed, he said.
testing again at Nanguneri in Tirunelveli district. His Vasanthakumar said efforts would be made to establish a
main opponent is the AIADMK’s M. Vijayakumar. In Government Arts College in Nanguneri. He said mobile
2006, Vasanthakumar was elected from the constituency health camps would be set up for senior citizens.
but he lost to A. Narayanan of the All India Samathuva
Makkal Katchi by 12,280 votes in 2011. “The entire con- LALGUDI AND BHAVANI SAGAR
stituency knows that Vasanthakumar will not take any Interesting to watch will be the contests at Lalgudi in
bribes,” asserted A.S.A. Karunakaran, his campaign Tiruchi district and Bhavani Sagar (reserved) in Erode
manager. A factor favouring Vasanthakumar is that Na- district. The CPI(M) has fielded A. Jeyaseelan in the
rayanan, who contested on the AIADMK’s symbol of former and the CPI has renominated P.L. Sundaram, the
“two leaves”, is not in the fray this time. (Vasanthakumar, incumbent MLA, in the latter. The 49-year-old Jeyasee-
Narayanan and Vijayakumar belong to the Nadar com- lan lives in a house measuring 210 square feet with his
munity. There is a substantial population of Thevars in mother, wife and two daughters at Pallividai village. He
the constituency.) “Thevars have a predilection to vote for opened a bank account for the first time in April this year.
the AIADMK. Since the All India Forward Bloc [which is His father was a farm worker and his 76-year-old mother
backed by Thevars] has fielded a candidate this time, enrols for work under the Mahatma Gandhi Rural Em-
fewer Thevars will vote for the AIADMK, and the chanc- ployment Guarantee Scheme. Jeyaseelan’s main oppo-
es of Vasanthakumar winning are good,” said nents are the AIADMK’s M. Vijayamurthy and the
Karunakaran. DMK’s A. Soundarapandian.
Vasanthakumar said, if elected he would revive the At Bhavani Sagar, Sundaram’s popularity is pretty
Rs.24-crore project announced by Stalin when the DMK high. R. Ravi of Kanchanaickanur and his friends Prabhu
was in power from 2006 to 2011 for laying irrigation and Ganesan admire Sundaram for the good work he has
channels from the Nambiaru in 46 places. The Rs.356- done in the constituency. “Sundaram has done every-
FRONTLINE . MAY 27, 2016 26

B. VELANKANNI RAJ
thing for the constituency,” Ravi said. But they are un-
happy that he has allied with neither the AIADMK nor
the DMK. “People want to vote for Sundaram but he has
no backing from either the AIADMK or the DMK. Yet,
we cannot predict the outcome,” Ravi said.
PENNAGARAM
Yet another constituency on which all attention will be
directed is Pennagaram, where the PMK’s Anbumani
Ramadoss, former Union Minister and son of PMK foun-
der Dr S. Ramadoss, is contesting. Anbumani Ramadoss
was elected to the Lok Sabha in 2014 when he defeated
P.S. Mohan of the AIADMK. In order to avenge this
defeat, the AIADMK is going all out to ensure the victory
of its candidate, M.K. Velumani. The DMK candidate,
P.N.P. Inbasekaran, is also expected to make it difficult
for Anbumani Ramadoss.
At Kolathur in Chennai, Stalin and the AIADMK’s
J.C.D. Prabakaran have locked horns. While Stalin is
seeking re-election from Kolathur, Prabakaran has shift-
ed from Villivakkam to Kolathur.
In the Cauvery delta region of Thanjavur, Tiruvarur,
Nagapattinam and Tiruchi districts, and in Cuddalore,
Villupuram and Kancheepuram districts, farmers are
angry that rivers, canals, lakes and ponds have not been
desilted or deweeded. In Thinniam village in Lalgudi
constituency, M. Puratchidasan, a farmer, complained
that irrigation canals had been deliberately filled up and
converted into agricultural land. In Sukumbaar village in
Thiruvaiyaru constituency, L. Kalyanasundaram is upset
that the AIADMK government has not desilted irrigation
27
canals in the past five years. In Tiruchi, Thanjavur and
Tiruvarur districts, the tributaries of the Cauvery, irriga-
tion canals, ponds and lakes were choked with weeds,
water hyacinths, juliflora, eucalyptus trees and even palm
trees. Irrigation canals branching off from the Kallanai
dam are incredibly overgrown with “naanal” grass.
It is a complex election. There are 5.82 crore voters:
2,93,33,927 women and 2,88,62,973 men. About 1.05
lakh voters in the age group of 18-19 are first-time voters
and there are 1.17 crore voters in the 20-29 age group.
What has captured the imagination of college students is
the DMK’s promise to repay their education loans. A
group of students from Aravindar Polytechnic College in
Ambathurai near Madurai said that a DMK government
would generate more employment opportunities. Several
voters above 55 years were sure that “a change” would
occur through the ballot.
FREEBIES
What is favouring the AIADMK is its free distribution of
uniforms, slippers, textbooks, notebooks and geometry
boxes to school pupils, cycles to senior secondary stu-
dents and laptops to college students. What has come in
for appreciation is the AIADMK government’s free dis-
tribution of goats and cows, provision of four grams of
gold for “thali” for women who are getting married,
marriage assistance scheme, old-age pension of Rs.1,000
a month, green houses scheme, and free distribution of
fans, mixies and grinders. These were promised in the
party’s 2011 manifesto.
This time, the party has outdone its previous manifes-
to. The AIADMK, which was the last to release its mani-
festo, has promised a free cell phone to every household
with ration cards, free supply of 100 units of electricity to
every house (this means that 78 lakh households, which
consume only up to 100 units, need not pay power tariff);
free Internet connections to senior secondary students
who receive free laptops; and 50 per cent subsidy to
women buying mopeds/scooters to enable them to drive
to their workplaces. During the Pongal festival, all ration
card holders would be given “gift coupons” to buy hand-
loom products worth Rs.500 from Co-optex. Those hav-
ing “Arasu Cable TV” (the government-owned cable
television network provider) connection would get a set-
top box free. It has also promised free wi-fi links at bus
termini, shopping malls and parks in the State.
The manifesto has also promised 8 gm of gold to
women who are getting married and have studied up to
Class X and an increase in financial assistance from
Rs.12,000 to Rs.18,000 to pregnant women.
Other promises include writing off of loans and
grants or subsidies to every section of society from farm-
ers, weavers, fishermen, salt-pan workers, potters and
traders,  to minority sections. All loans, including crop
and medium- and long-term loans that small and mar-
ginal farmers had received from cooperative banks,
would be written off. The AIADMK will announce a new
policy on granite quarrying and sell beach sand miner-
als, if voted to power. 첸
FRONTLINE . MAY 27, 2016
 ASSEMBLY ELECTIONS

Flood of troubles
The AIADMK may find the going tough in the flood-affected
constituencies in Tiruvallur, Chennai, Cuddalore, Kancheepuram
and Villupuram districts. B Y R . K . R A D H A K R I S H N A N

IT is not often that death stares a reasonably healthy and after the floods, and in the run-up to the Assembly
person in the face in Tamil Nadu. This southern State has elections, said this was not so. People in the flood-affect-
a higher life expectancy at birth than most other States; it ed districts were reduced to begging for food and water,
is one of the better governed States and has a low crime images that refuse to fade away from the memory of the
rate; and it offers multiple livelihood options. But the flood victims.
floods of November/December 2015 changed all that. “How can I forget the stench that remained for
The floods came in a flash with next to no warning. months in my house?” asks Mohan Babu, a resident of
Every river in the State swelled like never before. In Khuber Nagar in Madipakkam, a suburb of Chennai.
Chennai, the Adyar, the Cooum and the Kosasthalaiyar “We cleaned the house every day for 10 days. But when we
overflowed, 35 major lakes breached their banks in and came back the next day, the stench would still be there.
around the city, and vast areas remained inundated for Our apartment was totally damaged,” he said. It took him
almost a week. Frontline has recorded in detail the rea- a few months of cleaning and repair works to make the
sons for the flooding and the All India Anna Dravida house liveable. Thousands of families in Chennai and
Munnetra Kazhagam (AIADMK) government’s apathy other districts faced similar hardships.
during the period (December 25, 2015, and January 8, The government did expedite the process of depos-
2016). According to the government, 470 people were
killed, nearly one lakh livestock perished, and crops in
over 3.83 lakh hectares were damaged.
In a statement made in January, Chief Minister Jaya-
lalithaa said that over 3.47 lakh hectares of agricultural
crops and 35,471 hectares of horticultural crops had
suffered damage. As many as 30.42 lakh families had
suffered partial or complete damage to their dwelling
units. The reinsurance broker Aon Benfield assessed the
economic losses at $3 billion.
Jayalalithaa refused to admit that there was any fault
on the part of the government. She said in the statement
that although her government was prepared for the mon-
soon, the unprecedented downpour had resulted in
large-scale damage, prompting the Centre to declare the
floods as a “Calamity of Severe Nature”. “State and Cen-
tral government agencies, apart from the armed forces,
were quickly pressed into service for relief and rehabil-
itation efforts and essentials and medical services were
promptly delivered,” she said,
But many people this correspondent spoke to during

DWE L L I N G S O F more than 600 families were demolished

at Surya Nagar in Kotturpuram, Chennai, on February 18,
after the floods. Several families have moved into houses
allotted by the Tamil Nadu Slum Clearance Board at
Perumbakkam.
FRONTLINE . MAY 27, 2016 28
iting a cash compensation of Rs.5,000 into about 14 lakh
bank accounts, but more than double that number re-
ceived no assistance.
Evidently, the AIADMK will find the going tough in
the flood-affected areas: 10 constituencies in Tiruvallur
district, 16 in Chennai district, 11 in Kancheepuram dis-
trict, nine in Cuddalore district and the constituencies
abutting the coast in Villupuram district.
The rehabilitation process was replete with large-
scale excesses on the part of officials, whose only aim was
to evict the people who inhabited the slums that dot the
courses of the rivers in Chennai.
The families of Anjali, Deepak, Jana, Sasikumar and
36 other schoolchildren were evicted from their dwelling
units in Kotturpuram, one of the worst-affected areas in
the December floods on the banks of the Adyar in the city,
to Perumbakkam, 20 kilometres away. Today the chil-
dren set out early in the morning to commute by public
transport to the Chennai High School in Kotturpuram.
Some of them walk for two kilometres from Perumbak-
kam to Chennai’s information technology highway, Rajiv
Gandhi Salai, to board a local bus which takes them to
Tidel Park, from there they take the Mass Rapid Trans-
port System (MRTS) train to reach the Greenways Road
station, from where they walk to their school. The jour-
ney costs Rs.40 both ways. Thankfully, the students need
not pay for the commute as a Government Order issued
after the floods said that the schoolchildren merely had to
be in their uniform to avail themselves of a free ride in the
State transport bus. But they have to pay for the train
ride. There was an attempt to involve a non-govern-
mental organisation to transport students (dislocated
S.R. RAGHUNATHAN
29
from their place of residence) to their respective schools,
but because of the responsibility involved, the move had
to be dropped: The NGO said it could organise transport
until the end of the academic year, but wanted someone
to take the responsibility for any eventuality during the
commute. The school, obviously, was not in a position to
offer any guarantee on this or any other aspect of reac-
hing the students to the school.
The children’s parents, almost all of them daily wage
earners, have to pay for their transport to their workplace
in the upmarket area of Kotturpuram. The families of
some 80 schoolchildren of the Kottur Chennai High
School and primary schools run by the Chennai Corpora-
tion used to live in Surya Nagar, a slum at the end of
Ranjith Road abutting the Adyar. After the floods, most
of the residents of Surya Nagar and all the residents of
Chitra Nagar were summarily evicted and moved to Pe-
rumbakkam and its neighbourhood.
A few officials who were part of the rehabilitation
effort in Perumbakkam said there was a government
school in the vicinity. Enquiries revealed that the school
was barely functional, did not have enough teachers, and
functioned out of a building that was not fit for a school.
“We prefer coming here,” one of the pupils of the
Kottur Chennai High School told this correspondent. For
a government-run school, the facilities at this modest
school is beyond imagination. It boasts a computer cen-
tre, offers classical dance and music classes, gives struc-
tured sports and games coaching, all in collaboration
with the local community, NGOs and dedicated individ-
uals. The interest shown by the school administration to
enable these facilities needs mention. The school also has
a breakfast programme supported by the trust that runs
the M.O.P Vaishnav College for Women in the city. The
AIADMK manifesto has promised breakfast for pupils of
government-run schools.
But neither this Class IX pupil, nor the bunch of
children making the difficult commute every day from
Perumbakkam and the neighbouring settlements to Kot-
tupuram are sure if they will continue in the school next
year. “My parents say it’s too expensive to come here every
day,” the child said.
The school principal, Kalpana Kannan, is confident
that at least 30 of them will come back next year. Since
they moved to the Perumbakkam settlement, there is a
high rate of absenteeism. Most of the children are not
able follow the 8:50 a.m. deadline for entry into the
school. In short, the floods have wiped out the Chennai
Corporation’s measures to maintain high attendance in
this school. Schools in other affected districts have simi-
lar stories of dropouts and absenteeism.
While residents of Chitra Nagar and parts of Surya
Nagar were forced to vacate, those residing in another
part of Surya Nagar managed to avoid eviction. With the
support of the NGO Pennurimai Iyakkam, representa-
tives of the Communist Party of India (Marxist), and
entrepreneur and non-resident Indian R. Sriram, they
managed to get a stay order against their eviction. On
February 12, Justice R. Subbiah restrained the Tamil
FRONTLINE . MAY 27, 2016
Nadu Slum Clearance Board, the system for Chennai, to mostly re-
Chennai Corporation, the Commis- place the Metro Rail. But to date, it
sioner for Land Administration, the is yet to find any competent con-
Chennai Collector and the Public tractor to implement its proposal.
Works Department, “their man, The Maduravoyal elevated cor-
agents, servants and persons acting ridor, which was conceived of in
under them from forcibly evicting 2008 to decongest the city of truck
the petitioners residing at Surya Na- traffic proceeding to and from the
gar, Kottur, Chennai 600 085 Chennai port, is still mired in liti-
(WMP 3320/2016) pending dispos- gation: this time around, the litiga-
al of this writ petition (WP 3995/ nt is not a bunch of affected people
2016) respectively.” but the State government. T.K.S.
The writ petition had prayed for Elangovan, a former Member of
regularisation of the slum. Sriram Parliament and the DMK’s orga-
said: “Surya Nagar association got a nisation secretary, said: “This is a

K.V. SRINIVASAN
court order for regularisation of typical example of how the
their stay in their place. This is an AIADMK government has func-
unprecedented achievement. The tioned over the past five years. Any
government authorities are drag- scheme planned and taken up for
ging the case by getting the hearings C H I LD REN casting their votes to elect implementation by Kalaignar
postponed. As of now, the residents the school pupil leader and the [DMK supremo and former Chief
are not being disturbed. There are assistant leader at the Chennai High Minister M. Karunanidhi] has
about 250 families, who remained to School in Kotturpuram in August 2014. been shelved by her. There has
stay and fight.” been no infrastructure develop-
Sriram credited the local youth, who were not de- ment in Tamil Nadu in these past five years.” Leaders of
terred by the odds of approaching an “English-speaking” opposition parties point to a long list of projects that were
judiciary. The youths’ problem was simple: If they move, promised but not taken up for implementation by the
their livelihood will not move with them. They still will AIADMK.
have to come back to Kotturpuram for work. Spending Neither Jayalalithaa nor the AIADMK’s campaign
money to commute 20 km every day was not a good managers are deterred by criticism that she did precious
option. little by way of infrastructure development in the past five
Jayalalithaa is contesting the elections from one such years. They believe that the AIADMK’s manifesto will be
flood-affected constituency, R.K. Nagar. After the first a game changer. “The schemes that we have announced
deluge in November 2015, she went around the constitu- in the manifesto, no party can even dream of,” claimed
ency, from where she was elected last year with an un- Thoothukkudi Selvam, a party spokesperson. Asked why
precedented margin, and addressed the distressed the projects in and around Chennai could not be imple-
people as “my dear voters”. But after the second floods in mented, he said some projects had litigation issues, while
December, when she did not visit the constituency, sto- in the case of a few others, the cooperation of the Central
ries about her being ill started making the rounds. government was not forthcoming.
But Jayalalithaa may not have to put up a big fight. Jayalalithaa herself did not seem to be bothered
She has two decent opponents in Shimla Muthuchozhan, about the criticism: “Ungal anbulla amma pesugiren”
who draws support from her party (Dravida Munnetra (Your dear mother is speaking], begins an FM radio
Kazhagam) and the fact that she is a local person, and the advertisement, which then lists, in her voice, the issues in
Viduthalai Chiruthaigal Katchi (VCK) candidate V. Va- Tamil Nadu when she took over and what she did to bring
santhi Devi, a former Vice-Chancellor and an academic about development in all sectors in the State. At election
of high standing. Jayalalithaa’s opponents are expected rallies in Dharmapuri, Vriddhachalam and a few other
to split the anti-Jayalalithaa votes, resulting in an places, she sought to emphasise that she is the mother
AIADMK victory. AIADMK candidates in other flood- and that the people of Tamil Nadu are her children:
affected constituencies may not be as lucky. “Only a mother can understand the needs of her chil-
dren,” she said. What she said subsequently is not that
NO INFRASTRUCTURE DEVELOPMENT important. Jayalalithaa is seeking to change the dis-
Across Chennai and the flood-affected districts, there has course in the elections by occupying the pedestal of a
been no major infrastructure development in the past mother, as the one that has all the voters as her children.
five years. The Metro Rail work, which was initially “Do you want another mother?” asked Kanimozhi, the
stalled soon after the AIADMK came to power in 2011, is DMK’s parliamentary party leader, and one of the three
wobbling along; only a 10-km stretch is open since main campaigners of the party, at an election rally. On
mid-2015. The Planning Commission approved the pro- hearing a resounding “no” from the crowd, she said:
ject in April 2008 and tenders were floated in January “Then tell her [Jayalalithaa] these are not polls to elect a
2009. The Jayalalithaa government promised a monorail mother.” 첸
FRONTLINE . MAY 27, 2016 30
 ASSEMBLY ELECTIONS

The ‘M’ factor

The use of money to buy votes is expected to significantly influence the
result of the Assembly elections in Tamil Nadu, despite the Election
Commission’s best efforts to thwart the practice. B Y I L A N G O V A N R A J A S E K A R A N

ON April 22, Vandita Pandey, the Superintendent of
Police (S.P.) of Karur, a town in Tamil Nadu known for its
heavy vehicle body building industry, received confiden-
tial information from the Office of the Chief Electoral
Officer that huge sums of money were hoarded on the
premises of a highly influential businessman.
The operation that followed was so secretive that
even top officials of Karur district’s revenue adminis-
tration were kept in the dark. A police team and a multi-
disciplinary flying squad of the Election Commission of
India (ECI) rushed to Ayyampalayam, a Karur suburb,
where the businessman’s house and a godown are locat-
ed. Their initial raid yielded cash to the tune of Rs.10.33
lakh stashed inside a vehicle parked in the godown.
But what the raiders saw on the premises other than
the cash bundles shocked them. An ambulance parked
inside the godown had the insignia of the Union govern-
ment and stickers of National Rural Health Mission
(NRHM) pasted on all sides. Inquiries revealed that it
was a fake ambulance with a fake registration number.
The team seized 12 currency-counting machines,
empty corrugated boxes and rubber bands (possibly to
bundle the cash), envelopes and also copies of electoral
rolls in the godown. Apart from the fake ambulance, the
godown had four high-end cars, a tractor and an SUV
with the word ‘G’ indicating “government”. The seized
articles, according to a police officer, were handed over to
the Velayuthampalayam police station.
The ECI alerted the Investigation Directorate of the
Income Tax Department, which in turn dispatched a
team of senior officers to carry out raids on the house of
the businessman in question, identified by now as C.P.
Anbunathan, 46, a financier-cum-businessman who is
also claimed to wield considerable clout with politicians
of all parties, especially the ruling All India Anna Dravida
Munnetra Kazhagam (AIADMK).
The I-T team reportedly unearthed Rs.4.7 crore and
several documents from Anbunathan’s house. “We seized

TH E PA R K I N G S H E D at Ayyampalayam in Karur district from where election officials seized Rs.10.33 lakh on April 22.

31 FRONTLINE . MAY 27, 2016


‘A dependable
strategy’
Interview with Rajesh Lakhoni,
Chief Electoral Officer of Tamil Nadu.
BY ILANGOVAN RAJASEKARAN
THE Chief Electoral Officer of Tamil Nadu, Rajesh
Lakhoni, was busy when Frontline met him in his office
at Fort St. George in Chennai. Despite the stream of
visitors and the constant ringing of his phones, the
suave officer, who is in charge of conducting the mas-
sive exercise of the 2016 Assembly elections in which
over five crore people will vote, fielded even some of the
embarrassing questions with ease. He accepted that
money had emerged as a menace in the elections and
explained in detail how the Election Commission was
dealing with it. Excerpts:
The Election Commission, it seems, is struggling hard
to arrest the money flow in the Assembly elections in
Tamil Nadu. Do you think that the menace can be
eradicated?
Money is a serious issue not only in Tamil Nadu. We
have evolved a dependable strategy to curb its flow this
time. Initially, the ECI had to depend totally on State
resources even at micro perspective levels. We were not
able to stem its flow totally. We were helpless. But after
the seizure of hawala money in the Bihar elections, the
ECI decided to involve the Enforcement Directorate of
the Income Tax Department for the purpose in all
States that are going to the polls this time. It has been
effective so far.
Are you confident?
Yes. I am. For this poll, we have formed teams
comprising both State and Central government em-
ployees so that there is no room for any sort of manoeu-
vrability and unethical practices. Besides, the Income
Tax is activating its own intelligence network across the
the money and asked him [Anbunathan] to appear be-
fore us with supportive documents linking to the sei-
zures. He is yet to appear,” said a senior I-T officer in
Chennai on April 30. Anbunathan approached the Karur
court on April 28 seeking bail, but his plea was rejected.
In the meantime, the Velayuthampalayam police reg-
istered cases against Anbunathan under Sections 420
and 484 of the Indian Penal Code (IPC) read with Section
5 of The Emblems and Names (Prevention and Improper
Use) Act, 1950. On May 3, Anbunathan filed a petition
before the Madras High Court Bench at Madurai seeking
FRONTLINE . MAY 27, 2016
State, is carrying out searches
frequently even at the district
level with IRS [Indian Reve-
nue Service] officers in charge
of operations. The focus is to
unearth money waiting to be
distributed to voters.
It is a massive endeavour
M. VEDHAN
involving a massive
workforce. The disbursement
of the money to smaller nodal
R A J E S H LAKHON I , points by the parties, it is
Chief Electoral Officer. claimed, is almost
accomplished. Everyone
speaks about cash for vote.
We have set in motion a strong mechanism with
which even rural pockets are brought under our scan-
ner. We have formed village youth vigilance committees
in 16,000 villages in Tamil Nadu. If a consignment of
unsolicited money is sighted anywhere, the same will be
intimated to us, which in turn will be conveyed to the
flying squads and multi-disciplinary committees
through short messaging services. The exercise is trans-
parent since every member in the squad would receive
the SMS about the location to be raided, thus eliminat-
ing even a strand of suspicion in the whole operation.
Political parties invariably accuse the Chief Electoral
Officer of showing a partisan attitude. You are also
facing such problems.
Let it be. They have to understand that we in the ECI
have put in place a system that will eliminate all such
misgivings. I am just a facilitator sitting in a room and
monitoring the operation. The IT Department and oth-
er teams of enforcement are in the field. The details of
IT raids, seizures, etc., if any, and other related materi-
als will be directly intimated to the ECI with only a copy
marked to the Chief Electoral Officer. If the seizures are
of small denominations, the officials of the squads can
verify suo motu and after receiving supporting docu-
ments can release the same within 24 hours. This move
has been initiated to protect genuine people from ha-
rassment. Where is the room for accusing me of bias
here?
advance bail. On May 4, he received conditional bail. In
the petition, he denied the charges and blamed his busi-
ness rivals for implicating him on false charges. He said
he had nothing to do with the fake ambulance and the
cash seized. He said he was a trustee of a school and a
regular income tax assesee. The Dravida Munnetra Kaz-
hagam (DMK) has sought an inquiry into the case by the
Central Bureau of Investion (CBI).
On April 24, two days after the Karur raid, a search by
I-T sleuths and ECI teams in a posh apartment at a
high-rise in Egmore in Chennai yielded cash to the tune
32

How will you check last-minute disbursal?
The money distribution will be made extremely
difficult this time. We will be going after those who
are stashing money for election purposes. In the
two days prior to the polling date we will launch a
series of multi-disciplinary actions to curb distri-
bution. It is not going to be easy for those who
harbour hopes of buying votes.
You are reaching out to the people in a big way
this time. The objective of 100 per cent voting
looks encouraging and evolving. But will it be
possible to achieve this magic figure?
Yes. It can be. Besides 100 per cent voting, we
also will ensure ethical voting. Innovative aware-
ness campaigns such as ‘My vote is not for sale’ are
already catching on. Our video coverage on this
subject has become an instant hit among voters,
especially among those who are in the age group of
18 to 29, who form a staggering 23 per cent of the
electorate in Tamil Nadu. “You cannot buy me” is
one of the few other catchy slogans that have
caught attention. The whole process has been au-
tomated. A voter can use his mobile phone to know
about the location of the booth, serial number of
his vote, the status of the queue at the polling
booth, and so on. We have created an application
for IPhone, Android and Windows.
Can you ensure free and fair polls?
This time no humans, only humanoids operate
the entire exercise. The two IT majors, Income Tax
and Information Technology, will usher in a new
era in elections in this part of the country. The
noose has been tightened to ensure a fair poll as we
give paramount importance to the neutrality of
elections. We are extremely confident of ensuring
an election free of all evil influences.
Do you have plans to enforce Section 144 of the
Cr. PC during the elections?
No. [The ECI enforced Section 144 during the
last parliamentary elections, which created a con-
troversy.] Sensitive booths have been identified for
which additional security will be provided.
of Rs.4.72 crore. The flat was occupied by a few young
men said to be relatives of a politician from Thanjavur.
On April 25, the teams confiscated Rs.3.40 crore in cash
and 245 gold coins from a private school in Krishnagiri,
and Rs.50 lakh from a bus coming from Madurai to
Chennai.
Cash seizures until May 6 amounted to a staggering
Rs.82 crore, the biggest haul among all the States partici-
pating in the current round of Assembly elections and
way beyond the Rs.25 crore seized from the State in the
last parliamentary elections and Rs.35.53 crore in the
33
2011 Assembly elections. “It is just the tip of the iceberg,”
said N. Gopalaswami, former CEC. Rajesh Lakhoni, Ta-
mil Nadu Chief Electoral Officer, said: “We still have a
crucial phase, two days before the actual polling date
[May 16], when widespread distribution of cash among
voters is expected.”
Cash alone is not what is on offer. Packets of biriyani,
tokens for household articles, bundles of sarees, dhotis
and cotton caps, silver anklets, mobile top-ups, and so on
are on the list of things that are being used to entice
voters. The election atmosphere is rife with allegations
that police and government vehicles are being used to
transport money.
Indeed, journalists in the field are well aware of the
widespread prevalence of the ‘M’ (money) factor in the
elections. The use of the expression “Thirumangalam
formula” became popular during the Assembly byelec-
tion in Thirumangalam, Madurai district, in January
2009, referring to the use of cash to woo voters. But the
practice of bribing voters started with the byelection in
Sathankulam in Tuticorin district in February 2003.
Sarees and utensils, apart from cash, were distributed,
mainly among rural people. The AIADMK, which won
the constituency defeating its nearest Congress rival, was
in power.
The DMK was in power when the practice was appar-
ently perfected in the Thirumangalam byelection, which
recorded an unprecedented 90 per cent polling. The
DMK candidate breezed through amid allegations that
votes had been bought. Cash was slipped through doors
and distributed with morning newspapers. Gopalaswami
called it a shame on democracy. Though clinching evi-
dence could not be obtained, poll-watchers claimed that
the DMK and the AIADMK would have spent at least
Rs.150 crore between them to buy votes in that by-
election. The lion’s share allegedly came from the DMK.
With that election, the ‘M’ factor has become en-
trenched in the State. One analyst said: “The urge to
remain in power that is ingrained in the political culture
of the two major Dravidian parties, the DMK and the
AIADMK, is the underlying reason for the desperate and
unethical manoeuvres they make in every election. And
money comes into play to provide the crucial edge in close
battles.” Thus, it has become a vicious circle with money
fetching power and power bringing money in a State
where identity politics is closely intertwined with Dravi-
dian politics. The M factor has percolated down to the
last voter in remote rural habitations.
Today the ECI is constrained to deploy considerable
manpower and expertise to thwart election bribing. A
60-year-old farm worker near Gingee in Villupuram dis-
trict told Frontline that the entire hamlet, with 1,500
votes, had chosen to vote for the AIADMK in the last
general elections since “they gave Rs.200 per vote”. This
time, too, the village residents, the majority being Vanni-
yars, a Most Backward Class community, are waiting for
election payouts. If the same rates apply, then a family of
five will get Rs.1,000, apparently equal to two days’ wages
requiring hard labour under the scorching sun. The farm
FRONTLINE . MAY 27, 2016
worker said: “After the elections, the winning political
party will offer “koozhu” [rice gruel] to the village tem-
ple, which will also be distributed to us.”
Many feigned ignorance of the fact that accepting
cash to vote is illegal. The practice clearly influences the
battle of the ballot, putting candidates and organisations
that cannot or do not pay at a serious disadvantage. It is
also claimed that “oor panchayats” (forums of village
elders) in many villages and hamlets, especially in the
southern districts, issue “diktats” to village residents to
cast their votes in favour of a particular political party
after taking over the responsibility of distributing cash
among voters. Liberal donations by candidates to village
temples are also part of the game.
NO LEVEL PLAYING FIELD
D. Ravikumar, a senior politician of the Viduthalai Chi-
ruthaigal Katchi who is contesting from the Vanur seg-
ment in the Villupuram district, said: “How can you
expect us to fight the might of money?” The VCK is part of
the People’s Welfare Front, a rainbow coalition that in-
cludes the Desiya Murpokku Dravida Kazhagam, the
Marumalarchi Dravida Munnetra Kazhagam, the Tamil
Maanila Congress, the Communist Party of India and the
Communist Party of India (Marxist). Its aim is to provide
a credible alternative to the Dravidian giants that have
been alternately ruling since 1967.
While the bigger and richer parties buy votes with
money, the smaller players struggle to meet election
expenses. The VCK’s candidate in the Kunnam segment,
Aloor Sha Navas, is crowdsourcing funds while Raviku-
mar has posted desperate appeals for funds on social
media. “At least a minimum of Rs.50,000, which is a
conservative estimate, is needed to meet a day’s basic
expenses, such as providing water and food to volunteers,
printing and distributing pamphlets, buying fuel for ve-
hicles, etc. We will not be able to spend half of even the
ECI-permitted amount of Rs.28 lakh per constituency
for the elections,” Ravikumar said. “Only those who are
rich can contest. Where is the level playing field here?”
Gopalaswami told Frontline that the chances of hav-
ing a level playing field in elections were remote in the
near future unless an effective crackdown could stop
vote-buying. “The sinister nexus between political fund-
ing and black money has to be ruthlessly eradicated. Can
you expect the ECI to exercise its limited powers to
control this serious menace whenever elections are
held?” he asked.
The ECI, though, is doing its best to ensure a level
playing field. It has been implementing a slew of strin-
gent measures to neutralise the money factor. Rajesh
Lakhoni said, “As the bad money seeps into the deep rural
pockets, we have taken the initiative of roping in about
22,000 rural youth to alert us on suspicious transactions.
We are getting positive results. Also, for the first time, we
have deployed Income Tax officials in all districts to
monitor cash movement and strengthened flying and
static squads, which include officials from Central agen-
cies” (see interview).
FRONTLINE . MAY 27, 2016
That the ECI is taking a serious view of the problem is
evident in its recent decision to bring in cash seizures
during elections under the purview of the enforcement
agencies such as the Income Tax Department and the
Enforcement Directorate. The seizure of large amounts
of cash during the Bihar Assembly elections and in the
previous Assembly elections in Tamil Nadu spurred it
into taking a pro-active role to thwart the practice.
Accepting money to vote for a candidate is an offence
under Sections 171 B and E and 123 (1) of the Repre-
sentation of the People Act, 1951, and is punishable with
imprisonment of either description for a term that may
extend to one year, or a fine, or both. In many cases, with
no clinching evidence, both those who give and those who
take money get away with it. “It is tough to prove that the
cash seized is meant for buying votes, though if a candi-
date is found purchasing votes, he or she could be dis-
qualified and imprisoned for up to one year,” a senior
officer said. Seizures being brought under the IT Act
could discourage widespread distribution, since to re-
claim the money the party in question has to reveal its
sources. “Thus huge sums that remain unclaimed have
been deposited with the Government Treasury,” he
noted.
The problem came to the fore with renewed force
after Rs.19 crore, suspected to be money from hawala
operations, was seized during the 2015 Bihar Assembly
elections. The ECI deliberated with the Central Board of
Direct Taxes, a statutory authority that is responsible for
the administration of direct tax laws through the Income
Tax Department, to formulate a standard operating pro-
cedure to involve the investigation wing of the IT Depart-
ment in election-related operations.
This yielded some results. The IT Act is inflexible and
those who are on the wrong side of the law with dubious
transactions of money during elections are wary.
Through a circular to all Chief Electoral Officers dated
April 4, the ECI has re-issued the SOP for follow-up
action by the flying squads on receipt of complaints
relating to the storage of cash or other valuables on any
premises.
On receiving such complaints, the Complaint Mon-
itoring Cell must inform the expenditure observer, who
in turn will alert the Income Tax Department. Neither
the expenditure observer nor the members of flying
squads should enter the premises before the arrival of the
IT team though surveillance can be maintained until its
arrival. Rajesh Lakhoni said: “It has instilled a sort of fear
in the minds of those who bribe.”
Many South Asian countries face this problem of
bribing during elections. The ECI, in association with the
International Institute for Democracy and Electoral As-
sistance (IDEA), an intergovernmental body, unveiled
the New Delhi Declaration–2015, on Political Finance
Regulation in South Asia. The declaration contained
guiding principles to be adopted to strengthen the mech-
anism of the regulation of political finance. In the current
elections, however, the flow of freebies and cash is expect-
ed to be a major factor in deciding the result. 첸
34
Battle for Puducherry
ALTHOUGH Tamil Nadu and the Union Territory of At an election rally in Puducherry on April 25,
Puducherry are geographically and linguistically close AIADMK general secretary and Tamil Nadu Chief
to each other, they are poles apart in politics. With the Minister Jayalalithaa said the AINRC “is worse” than
Assembly elections round the corner (the elections are the Congress. “The party which came out of the Con-
normally held on the same day in Tamil Nadu and gress will only be like that,” she said. (Rangasamy
Puducherry), the distinction has become even more broke away from the Congress in 2011 to form the
glaring. If the political parties in Tamil Nadu have made AINRC.) For Jayalalithaa, if the Congress is “an ene-
prohibition a central issue, those in Puducherry avoid my”, the AINRC is a “traitor”. She said: “Not only did
making it an issue. Caste-based politics is also not Rangasamy bury coalition dharma but he has pushed
practised in the Union Territory. However hard the Puducherry into the quicksands. Puducherry saw no
Pattali Makkal Katchi (PMK), which claims to repre- development during his rule. The law and order sit-
sent the interests of Vanniyars in Tamil Nadu, may try uation became laughable.”
to get a foothold in Puducherry, voters there have cold- Rangasamy, who began his campaign on May 4,
shouldered it despite Vanniyars forming the majority of retorted that the Tamil Nadu government had not
the population. responded to Puducherry’s request for
The Union Territory will witness a land to expand its airport. “Puducherry
multi-cornered contest for the 30 As- can prosper only if it gets the required
sembly seats on May 16. The constitu- land. But the intention of Jayalalithaa is
encies include Yanam on the Andhra otherwise. People can make their own
Pradesh coast, Mahe on the Kerala coast, conclusions as to who is a traitor,” he
and five constituencies in Karaikal, said.
which is surrounded by Tamil Nadu. The There appears to be general dissatis-
ruling All India N. Rangasamy Congress faction with the performance of the
(AINRC) and the All India Anna Dravi- Rangasamy government. Traders and
S.S. KUMAR

da Munnetra Kazhagam (AIADMK) are businessmen said they were unhappy

contesting independently this time. The with the government’s decisions to in-
PMK is contesting in 28 seats. The elec- crease the excise duty on liquor and the
toral alliance formed by the Congress C H I EF M I N I S TE R value-added tax. Industries left the
and the Dravida Munnetra Kazhagam N. Rangasamy. Union Territory because tax holidays
(DMK) for Tamil Nadu has been extend- had come to an end, leading to loss of
ed to Puducherry. While the Congress is contesting in jobs. “No development has taken place here. Rang-
21 constituencies, the DMK has fielded its candidates in asamy says he will encourage only pollution-free and
nine. Some of the constituents of the Desiya Murpokku non-water-consuming industries. He has not created
Dravida Kazhagam (DMDK)-led People’s Welfare employment opportunities,” complained a young
Front (PWF) alliance of Tamil Nadu are also in the businessman. The Union Territory has not even set
fray—the Communist Party of India (CPI) in eight con- up information technology parks. Informed sources
stituencies, the Viduthalai Chiruthaigal Katchi (VCK) said the financial position of the government is poor.
in seven, and the Communist Party of India (Marxist) The previous United Progressive Alliance govern-
and the Marumalarchi Dravida Munnetra Kazhagam ment at the Centre was not generous with its budget-
(MDMK) in four each. The DMDK will test its fortunes ary allocations because Rangasamy walked out of the
in six constituencies. One seat has been allotted to the Congress to form the AINRC, a businessman said.
Revolutionary Socialist Party of India. The Bharatiya The Chief Minister also did not lobby with the Centre
Janata Party is trying its luck as well. for increased allocation. The Centre also cut grants to
The AIADMK is keen to come to power in order to Puducherry, and as a result, the government has
teach Chief Minister N. Rangasamy a lesson as he kept accumulated a debt of Rs.6,000 crore.
it out of power in 2011. The AINRC and the AIADMK The AIADMK has favoured three defectors, P.
had contested as allies in that election and agreed to Kannan of the Congress, Vaiyapuri Manikandan of
share power if the alliance won at the hustings. The the AINRC, and V.M.C. Sivakumar, with the party
AINRC won 15 of the 17 seats it contested and the ticket. A. Namasivayam, president of the Pradesh
AIADMK won five of 10. Their allies, the CPI(M), the Congress Committee, is likely to be in the race for
CPI and the DMDK, drew a blank. Rangasamy took the chief ministership if the Congress-DMK alliance is
help of an independent legislator, V.M.C. Sivakumar, voted to power.
and went on to form the government. T.S. Subramanian

35 FRONTLINE . MAY 27, 2016

 ASSEMBLY ELECTIONS

Nervous phase
Unkept promises and the terror unleashed by the Trinamool Congress
come back to haunt Mamata Banerjee in the last phases of the
Assembly elections in West Bengal. B Y S U H R I D S A N K A R C H A T T O P A D H Y A Y

ASHOKE CHAKRABARTY

ON April 24, Susoma Bhoumick, 76, along with her
son Somnath, daughters Priti and Swati, and grand-
daughter Sohini, returned to their home at Garanberia
village in Nandigram, escorted by the police following the
orders of the Election Commission of India. She looked
bewildered as she gazed at what remained of the house
where she and her family had once lived. It used to be a
relatively prosperous establishment, but today it has
been reduced to a pile of rubble. Susoma Bhoumick held
a picture of her late husband, Nishikanta, in her frail
hands. Nishikanta died in misery last year, in exile from
his own village. The family had fled for safety six years ago
following a brutal attack by alleged supporters of the
Trinamool Congress.
FRONTLINE . MAY 27, 2016
CHI E F M I N I S TE R Mamata Banerjee during the last lap of
the Trinamool Congress’ campaign before the fifth phase
of Assembly elections in the State on April 30.
Nandigram in West Bengal’s Purbo Medinipur dis-
trict turned into a battleground for more than two years
in the wake of the death of 14 villagers in police firing on
March 14, 2007. The village residents were staging a
protest against reported plans to acquire land in the
region to set up an industrial chemical hub. The move-
ment snowballed into a political battle, which saw the
then ruling Communist Party of India (Marxist)-led Left
Front lose control of the region and the revival of Mamata
Banerjee and her Trinamool Congress from political ob-
36
scurity. The Trinamool Congress-backed Bhumi Uchhed
Pratirodh (Land Eviction Resistance) Committee
(BUPC), an informal alliance forged between naxalites,
the Socialist Unity Centre of India (SUCI) and the Jamiat
Ulema-e-Hind, practically established a muktanchal
(liberated zone in which the State administration and the
police were not allowed to function) and drove out sup-
porters of the CPI(M).
Susoma Bhoumick’s family recalled the horror of that
afternoon when suspected Trinamool Congress activists
from the village attacked their house for refusing to be
part of the party’s movement.
Priti said: “They tied up my aged parents and beat
them. They dashed my head against the ground until I fell
unconscious; they did not even spare my one-year old
daughter whom they hurled on to a pile of stone chips.”
The family fled with the clothes on their backs and just
Rs.30. The miscreants looted or destroyed everything
they had.
Susoma Bhoumick said: “The home that I lovingly
built since entering the house as a 14-year-old bride is
completely gone.”
SUHRID SHANKAR CHATTOPADYAY
SU SOM A B H O UMI C K , who returned to what remains of
her house at Garanberia village in Nandigram, with a
picture of her late husband.
37
Oblivious to the tragedy that had befallen the family,
seven-year-old Sohini was plucking flowers in front of the
ruined house. The girl said: “Is it possible to stay in this
place? My grandfather always said he wanted to come
back here.” Although she is too young to remember what
happened on that afternoon, she bears the scars. “Her
legs hurt even now because of the force with which they
threw her on the ground,” Priti said. The family knows
that it is not safe to live in the village.
Somnath, who works in a private bank, said: “We will
wait and see what happens in the elections, and then
decide whether to stay or leave.”
Today peace may have returned to Nandigram, and
development may have changed the face of the once
sleepy, green fishing villages, but fear continues to stalk
the region. Nobody in Garanberia was even willing to
point out where Susoma Bhoumick’s house stood. In the
time of elections, there was no sign of the existence of an
opposition in the region. Trinamool Congress flags flut-
tered in the villages and Trinamool graffiti adorned the
walls of the houses.
“There are people who support the opposition here,
but they do not come out in the open to canvass for their
parties,” Sheik Supian, an influential Trinamool Con-
gress leader of Nandigram, told Frontline. According to
him, it is not fear that kept them from openly supporting
the opposition. “Let them show us one complaint lodged
by the CPI(M) or the Bharatiya Janata Party [BJP]
against us,” he said, denying the accusation that most
people are too afraid to even go to the police station.
“They are lying. The fact is that people do not support the
CPI(M), nor does the CPI(M) have any workers or lead-
ers here. Is the Trinamool Congress expected to provide
them with workers for electioneering?” he said.
Since the 2008 panchayat elections, the Trinamool
Congress has been the single most powerful political
force in Purbo Medinipur. In the 2011 Assembly elec-
tions, the party, in alliance with the Congress, won all the
16 seats, and in 2014, it won both the Lok Sabha seats in
the district. Moreover, in the 2014 elections, it had an
insurmountable lead in all the Assembly segments, even
after adding up the votes polled by the CPI(M) and the
Congress individually. The electoral tie-up between the
Left parties and the Congress in this election may not
have an impact here, as the Congress’ vote share is negli-
gible in most of the constituencies.
In the sixth and final phase of Assembly elections on
May 5, when Purbo Medinipur went to the polls, the
Trinamool Congress’ main concern was not the opposi-
tion parties, but itself. A senior leader of the party ad-
mitted that faction fights were rife in practically all the
constituencies of the district. Matters were resolved
when the Adhikari family (the unchallenged political
powerhouse of the region) intervened days before the
elections began in the State. Sisir Adhikari and Suvendu
Adhikari represent Kanthi and Tamluk Lok Sabha con-
stituencies respectively. Suvendu Adhikari, who is con-
testing from the Nandigram Assembly constituency, is
one of the top Trinamool Congress leaders who were
FRONTLINE . MAY 27, 2016
caught accepting cash on camera in the sting operations
carried out by the news portal Narada News.
SINGUR
In West Bengal politics, Nandigram in Purbo Medinipur
and Singur in Hooghly district are more than just names
of Assembly constituencies. They are symbols of resist-
ance to the previous Left Front government, which ruled
the State continuously for 34 years, and are inextricably
linked with Mamata Banerjee’s ascent to power. It was in
Singur that Mamata Banerjee led a prolonged and vio-
lent agitation on behalf of a small group of unwilling land
losers, whose land was acquired for the setting up of the
prestigious Tata Motors’ small car project. The agitation
forced Tata Motors to shift the project to Gujarat in
2008, and investment-starved West Bengal’s hope for
industrial revival was once again shattered. Five years
down the line, the hopes of the farmers to get back their
land, as promised by Mamata Banerjee, too have been
dashed.
Although the first piece of legislation passed by Ma-
mata Banerjee after assuming power in 2011 was the
Singur Land Rehabilitation and Development Act, which
provided for the return of land to the farmers who had
refused to accept the compensation package, her promise
has remained unfulfilled owing to legal hurdles. The
matter is pending in the Supreme Court
For 10 years, the farmers waited with their faith in
Mamata Banerjee intact. But with every passing year, a
bit of that faith is getting chipped away. Sullen stares and
acerbic replies are the usual responses of the local people
to queries from the media. Today, many of them regret
not having accepted the compensation package, for they
are left with neither land nor an alternative scope for
employment, which the establishment of the factory and
its ancillaries would have ensured.
The agitation in Singur may have been a catalyst for
paribartan (change) in West Bengal politics, but it also
gave Mamata Banerjee a reputation for being “anti-in-
dustry”, an image she is finding increasingly hard to
shrug off. Though Singur was instrumental for her politi-
cal success, it has also become a symbol of one of her
biggest failures. One of the main thrusts of the CPI(M)-
Congress combine’s campaign has been reviving industry
in the State and Singur has been held up as one of the
most glaring examples of the Trinamool Congress gov-
ernment’s perceived anti-industry image. “If the Tata
Motors factory was allowed to come up, the scenario in
Singur would have been totally different. We tried to do
that and will do it again,” former Chief Minister and
CPI(M) Polit Bureau member Buddhadeb Bhattacharjee
said at a pre-election rally in Singur.
Singur was a stronghold of Mamata Banerjee even
when her political career was at its nadir. In 2006, when
the Trinamool Congress had just 30 MLAs in the 294-
seat Assembly and she was the party’s lone MP, Ra-
bindranath Bhattacharya, or “Mastermoshai” (school-
master) as he was affectionately called, won in Singur
with a margin of 1,700 votes. In 2011, the party’s victory
FRONTLINE . MAY 27, 2016
margin increased to 34,000, and in the 2014 Lok Sabha
elections, even with the BJP registering an unpreceden-
ted surge in its votes, Singur still gave the Trinamool
Congress a lead of over 30,000. Mamata Banerjee has
not campaigned in Singur for this election. Her reluc-
tance to visit the electorate that has remained most loyal
to her is clearly a sign of her unease at the prospect of
facing them, particularly after not being able to fulfil her
end of the bargain.
However, Rabindranath Bhattacharya is one of the
few Trinamool Congress leaders who is not dependent on
the “Mamata factor” for winning the election. The respect
he commands in the region cuts across party lines. “We
want industry in Singur, and at the same time we will
protect the interest of the farmers,” he told Frontline. His
opponent, the CPI(M) heavyweight candidate Rabin
Deb, believes that the people of Singur are today over-
whelmingly in favour of industry. “All the voters I met
while campaigning urged us to ensure industrialisation
in the region if we won,” he told Frontline.
In 2011, the Trinamool-Congress alliance won 16 of
the 18 Assembly seats in Hooghly, and in the 2014 Lok
Sabha elections, it had a lead in 16 Assembly segments.
Serampore and Champdani were the only seats in which
combined Left and Congress votes surpassed the Trina-
mool Congress vote. In Pandua and Goghat, the seats the
Left had won in 2011, the Trinamool Congress led.
The last three phases of the elections were in Mamata
Banerjee’s main strongholds: North 24 Paraganas (April
25, fourth phase), South 24 Paraganas and Hooghly
(April 30, fifth phase), and Purbo Medinipur and Cooch
Behar (May 5, sixth phase).
NORTH AND SOUTH 24 PARAGANAS
In the 2011 Assembly elections, in the 33 seats in
North 24 Paraganas and 31 seats in South 24 Paraganas,
the Trinamool Congress-led alliance won 28 and 27 seats
respectively. However, in this election, the ruling party
may find the going tough in these strongholds, partic-
ularly in the light of the Left-Congress tie-up and the
bitter infighting within the party. Moreover, as in
Hooghly, the BJP’s performance will also be a key factor
in certain constituencies.
At least in 10 seats in South 24 Paraganas, including
Basanti, Kultali and Bhangore, which the Left Front had
won in 2011, the fight may be a close one. Although the
Trinamool Congress registered a huge lead over its rivals
in the Bhangore Assembly segment in 2014, Mamata
Banerjee’s decision to field former CPI(M) Minister Ab-
dur Rezzak Mollah, who joined the Trinamool Congress
just before the election dates were announced, caused
consternation among party workers. The long-standing
feud between Rezzak Mollah and the controversial Tri-
namool strongman of the region, Arabul Islam, could not
be kept in check even on polling day. Men allegedly
belonging to the Arabul Islam camp reportedly attacked
Mollah’s supporters. This is expected to hamper the pro-
spects of the Trinamool Congress in Bhangore. It is
important to note that the district was among the first to
38
come under Trinamool Congress rule after the 2008 ments made by senior Trinamool Congress leaders which
panchayat elections, and there is a possibility of an anti- served to damage the image and credibility of the party.
incumbency factor working against the ruling party here. These factors compelled Mamata Banerjee to increasing-
North 24 Paraganas has thrown up an interesting ly project herself, rather than the party’s candidates, a
parallel in the Basirhat Uttar and Basirhat Dakshin seats. move that is interpreted as a desperate effort to cling to
The Trinamool Congress wrested the Basirhat Uttar seat, her voters.
near the Bangladesh border, from the CPI(M) in a by- The Chief Minister’s actions and words started to
election in 2011 following the death of the incumbent betray her insecurity, which in turn had an effect on the
MLA. Although the ruling party maintained its lead in voters. In a last-ditch effort to salvage the situation, she
this Assembly segment in the 2014 even started acknowledging the
election, the margin was greatly re- crimes committed by her party
duced. To add to the Trinamool leaders. “If I have done anything
Congress’ woes, Rafiqul Islam Mon- wrong, give me two slaps. If you tell
dal, one of the most influential lead- me to, I will go and wash your uten-
ers of the party in the region, joined sils. But if you call me a thief, if you
the CPI(M) and was propped up spread lies, if you insult Bengal, it
against the ruling party MLA, hurts,” she said at a public rally
A.T.M. Abdullah. Mondal’s depar- before the fifth phase of elections.
ture left the Trinamool Congress On another occasion, she even
considerably weaker. He told Fron- railed against the State police ap-
tline: “The moment people realised parently for doing their work prop-

SUHRID SHANKAR CHATTOPADYAY

that I am the candidate of the jote erly in ensuring free and fair
[Left-Congress tie-up], their reac- elections. The nervousness in the
tion has been one of spontaneous rank and file of the party is also
delight and enthusiasm. The ideol- apparent as the whisper that began
ogy with which the Trinamool was before the elections—that the in-
set up is no longer present in the vincible Trinamool Congress may
party. It has now become a destruc- lose—got louder with every phase
tive party that hires goons to sup- of the elections.
press democracy and establish The “dole politics” of Mamata
RA F I Q U L I S LA M M ON D AL, former
dictatorship.” Banerjee, guaranteed to bring elec-
Trinamool Congress leader who is the
The CPI(M) won the Basirhat toral success, and the development
CPI(M)’s candidate in Basirhat Uttar.
Dakshin seat in 2011, but in the by- work that has undoubtedly taken
election that took place following place in large parts of rural Bengal
the death of the sitting MLA, the BJP won it, its lone seat have been offset by the rule of terror perpetrated by
in the State, by a narrow margin. Riding on the crest of members of the ruling party. Even basic democratic
the pro-Narendra Modi wave, the BJP registered a strong rights, such as voting without the fear of violent repercus-
lead in the Assembly segment in the 2014 election. The sion, have been denied to citizens in many areas. Even
main contest here this time is between the BJP MLA, children have not been spared to keep dissent at bay, as
Shamik Bhattacharya, and former footballer Dipendu was evident in the post-election violence in different
Biswas of the Trinamool Congress. “The jote has not parts of the State.
really matured here, and my fight is to increase my Nandigram is a prime example of the latent violence
margin. The jote and the Trinamool Congress are fighting prevailing in the State, kept hidden under an illusion of
for the second place,” Shamik Bhattacharya told peace and stability. Mamata Banerjee not only failed to
Frontline. keep her promise of returning the land to the people of
Singur, but also failed to establish peace and ensure
THE FEAR OF DEFEAT security in the State. Polling has largely been free and fair
With the ruling party not expected to do well in north under the surveillance of a huge contingent of Central
Bengal, and uncertainty looming over its prospects in forces. If the issue of suppression of democracy out-
Birbhum and Bardhaman, the party’s performance in weighs the government’s claims of development, then it
North and South 24 Paraganas is crucial for Mamata will be almost impossible for the Trinamool Congress to
Banerjee to return to power. Apart from facing a com- return to power. But if Mamata Banerjee emerges victo-
bined opposition, the Trinamool Congress came under rious, she will have to make a serious attempt to solve the
further pressure following a series of incidents on the eve issues within her party and government which conjured
of the elections—the Narada sting, the collapse of a flyov- up the spectre of defeat even before the elections were
er in Kolkata in which 27 people lost their lives (which over. An unsmiling, ashen-faced Mamata Banerjee brief-
also brought to the fore the nexus between local Trina- ly flashing the customary victory sign after casting her
mool Congress leaders and the subcontractors engaged vote and striding off, spoke more than all the rhetoric of
in the construction), and indiscreet comments and state- the opposition combine. 첸

39 FRONTLINE . MAY 27, 2016

 ASSEMBLY ELECTIONS
Uncertain state
In Kerala, the ruling UDF and the opposition LDF realise that this
round of election is like no other as the BJP seeks to break fresh
ground with new allies. B Y R . K R I S H N A K U M A R
PERHAPS one of the best campaign speeches in this
round of Assembly elections in Kerala was made by Chief
Minister Oommen Chandy at a nondescript junction in
Aruvikkara, a rural constituency bordering Thiruvanan-
thapuram, the night before he filed his nomination pa-
pers at Puthuppally, a constituency in central Kerala that
has been electing him to the State Assembly continuously
since 1970.
The Chief Minister had pointedly taken the detour to
Aruvikkara to thank the people there “for giving the
ruling UDF [United Democratic Front] its last morale-
boosting byelection victory in 2015” and seek support
once again for the young man whom they had elected
then—K. Sabarinath, son of former Speaker G. Karthi-
keyan, a popular local MLA who died in office.
“How can I ever forget the voters of Aruvikkara? How
can the UDF ever forget you? No amount of praise would
be high enough for your political wisdom that ensured
our victory in that byelection when an entire army of
forces had hatched a conspiracy to bring the UDF to heel.
Was it just a political battle? All the forces that were
aggrieved at the government for closing down 730 liquor
bars were here in that election. Do you know how power-
ful they are? They were people who faced a loss of income
of over Rs.100 crore a day after the closure of the bars.
Then there were the raising of those controversies, solar
scandals, bar bribery allegations and what not. Forces
determined not to let the UDF move forward an inch
were at play in Aruvikkara in that byelection. But the
voters of Aruvikkara ignored and defeated all of them.
They made the two-line UDF campaign slogan—‘Grow it
must, this State; Continue it must, this Government’—so
deep-rooted in Kerala’s psyche,” he said.
The Chief Minister’s brief speech was littered with
references to the development achievements of the UDF
government, and he said that right from the beginning
the opposition targeted him and demanded his resigna-
tion. “Now, at the end of our five-year term, when I seek
your blessings once again, when they find that there is no
public ill-will towards this government, they are once
again resorting to false allegations. Now they say there
are 31 cases against me. Although there are allegations
FRONTLINE . MAY 27, 2016
against all UDF Ministers, the Leader of the Opposition
V.S. Achuthanandan has shown me ‘mercy’ in this issue
as well. He has made me the ‘chief minister’ in this
respect too. But the truth is that there is not a single case
against me. That is what I am going to declare before the
Election Commission when I file my nomination papers
tomorrow. If my declaration is wrong, my nomination
will be rejected. They are raising baseless allegations
because they have nothing else to say against the govern-
ment. But our faith is in the thinking people of Kerala,
who hear and know everything, and see through such
games as the voters here at Aruvikkara did last year.”
The Chief Minister’s appeal was not the only one that
set the tone of the stretched-out election campaign in
Kerala. Right at the beginning, Achuthanandan of the
Communist Party of India (Marxist) asked voters in the
north Kerala constituency of Dharmadam in Kannur
district to present a “proud victory” for the party’s former
State secretary, Pinarayi Vijayan. The rivalry in the party
between factions owing allegiance to the two leaders
dominated Kerala politics in the past two decades and
decided the fate of the Left Democratic Front (LDF) in all
elections held in the State during that period.
Two days before the Chief Minister’s speech at Aru-
vikkara, Kerala waited eagerly to see what Pinarayi Vi-
jayan would say as he campaigned at Malampuzha in
Palakkad district, where Achuthanadan is seeking an-
other term. Pinarayi Vijayan said: “Malampuzha is a
constituency that has stood strongly with the LDF forev-
er. Many would like to try and do some kind of a miracle
here. There is such a talk in some inner circles. But people
take decisions on the basis of their experiences. There is
no need to introduce V.S. Achuthanandan to the people
of Malampuzha. They have accepted him like a member
of their family. His activities have gained much accept-
ance among society.” There was also a note of caution at
the end of the speech: “An election is a political battle. It
has its own ethics and principles. In this battle there
should be no laziness, negligence or overconfidence. It
will all weaken our struggle. We should work without
mistakes and present a bright victory for ‘V.S.’ by voting
for the hammer and sickle symbol.”
40

It was a sign that the constituents of both the LDF,
widely tipped as favourites to form the next government,
and the UDF, the besieged ruling coalition, had recog-
nised the lethal cost of inner-party fueds.
RIVALRIES PUT ON HOLD
Within the Congress, the group rivalries that came to the
fore during the selection of candidates have been effec-
tively put to a halt by the party high command. In the
LDF, the pre-election harmony, especially between the
two top leaders of the CPI(M), has become its trump
card, which is a dramatic change from the situation that
had weakened the party’s, and the Front’s, prospects in
earlier elections.
Both fronts know that this election is like no other in
the past, when the two regularly got the chance to replace
each other in government every five years. The Bharatiya
Janata Party (BJP) has put an unusual focus on achieving
a breakthrough this time in the State Assembly, where it
has so far drawn a blank. At the behest of its central
leadership and the Rashtriya Swayamsewak Sangh
(RSS), which is driving its campaign, the BJP has formed
a motley coalition of forces that are subtly aiming to
change its image as a party of just the upper caste seg-
ments in Kerala society.
On May 6, hours before Prime Minister Narendra
Modi arrived to launch an unprecedented three-day
41
S. GOPAKUMAR
C HI E F M I N I S TE R OOM M E N C HA N D Y arrives in
Aruvikkara near Thiruvananthapuram to campaign for his
party candidate. The next day he filed his nomination papers
at Puthuppally, which has elected only him since 1970.
campaign, BJP president Amit Shah told an election rally
near Kochi that Kerala was not “electing” the UDF or the
LDF in the past 50 years, but was “only voting out one to
make way for the other”. In reply to Congress leader A.K.
Antony’s statement asking the people to beware of the
BJP’s “hidden agenda” as evident in the massive cam-
paign involving even the Prime Minister, Amit Shah said
the BJP had only an “open agenda” and “that is to throw
the UDF and the LDF into the Indian Ocean”
BJP OFFENSIVE
The “NDA-BJP alliance”, as it likes to describe itself in
posters and hoardings, has fielded candidates of four
partners, the newly formed Bharat Dharma Jana Sena
(BDJS, claiming its support from among the largest
backward caste group in the State, the Ezhavas, which
forms nearly a quarter of the State’s population), tribal
leader C.K. Janu’s Janathipathya Rashtriya Sena (JRS),
the Kerala Congress (P.C. Thomas group) and a splinter
group of the Janathipathya Samrakshana Samiti (JSS).
By embracing this fresh card of inclusive caste poli-
tics, which the two established fronts have so far cleverly
FRONTLINE . MAY 27, 2016
kept at a safe distance by accommodating caste interests
within their own peculiar coalition set-ups, the BJP’s
central leadership hopes to create an exclusive opportu-
nity for the party in Kerala. “This time there is a third
alternative. So far, both fronts played vote-bank politics
and gave step-motherly treatment to the vast majority of
people,” Amit Shah said.
The alliance has fielded candidates in all 140 seats,
with the BJP itself contesting 97 seats, the BDJS 37, the
Kerala Congress (Thomas) four and the JSS (Rajan Ba-
bu) and the JRS one each. The new president of the State
BJP, Kummanam Rajasekharan, nominated directly by
the party’s central leadership, declared that his party’s
intention this time was “to win sufficient number of seats
to rule Kerala”. Even his party members do not give
credence to such a claim, though the BJP demonstrated
its best all-round performance in Kerala in the local body
elections held a few months ago (Frontline, November
27, 2015).
In this election, if history is any guide, the party can
only hope to increase its share of votes and perhaps win a
seat (or two) at best, if all its plans go well. But to win
anywhere in Kerala, even in constituencies such as Ne-
mom or Manjeswaram, for example, where the party has
come second in elections held in the past, the BJP would
need the two established coalitions to play straight and

S.K. MOHAN
not join hands to defeat it with an intent, as they are often
accused of doing. The only other possibility, in the ab-
sence of sufficient breakthrough votes of its own, is for a
BJP candidate to get support from an opposing camp in
return for similar gestures in another constituency as CP I ( M )
part of what is often alleged as an “unholy alliance”. VE TE R AN V.S.
There is, however, a reason why the BJP and its allies Achuthanandan
have caused the two established fronts some nervousness (above)
this time. The UDF and the LDF have obtained more or campaigns in
less an equal share of the votes in past elections, and the Dharmadam in
question of who will rule the State is often decided on the Kannur district
basis of a difference of one or two per cent, and by a small for party
section of voters who remain uncommitted until the very colleague
end. Pinarayi Vijayan,
In the last Assembly elections, which saw the UDF and (left)
coming to power by a thin majority, the margin of victory Pinarayi Vijayan
in eight constituencies was less than 1,000 votes; the campaigns for
LDF won in three of them and the UDF in the others. In the former in
K.K. MUSTAFAH

18 constituencies the margin was between 1,000 and Malampuzha

5,000 votes; and in 40 constituencies it was between
5,000 and 10,000 votes. Therefore, the question up-
permost in the minds of poll pundits and commoners
alike during the campaign this time is not about the
possibility of BJP opening its account, but which of the
two fronts will be affected the most by the increase in
“spoiler votes” gained by the BJP and its new alliance.
In the 2014 Lok Sabha elections, the BJP, contesting
on its own, came first in the votes polled in four Assembly
segments of the Thiruvananthapuram Lok Sabha con-
stituency, including Nemom, Vattiyoorkavu, Kazhak-
koottam and Thiruvananthapuram. (All four have more
than 70 per cent Hindu population, with Nemom, where
its veteran leader O. Rajagopal is contesting, having the
FRONTLINE . MAY 27, 2016
constituency
in Palakkad
district.
highest share of 80 per cent Hindus.) It came second in
three other Assembly segments—Parassala (in Thiruva-
nanthapuram), and Manjeswaram and Kasargod (both
in Kasargod district). In all these constituencies, and in
other places such as Kattakkada, Chengannur, Aranmu-
la, Manalur, Palakkad, Tripunithura and Mavelikkara,
the BJP has made the fight extremely tricky for the ruling
and opposition fronts, narrowing further that thin line
between victory and defeat.
Similarly, in constituencies where the BDJS has field-
42
ed candidates, such as Kovalam, Kuttanad, Vaikom, Et-
tumanoor, Ranni, Udumbanchola, Kodungalloor and
Kaipamangalam, the BJP-led alliance claims it can make
or mar the prospects of prominent front candidates.
Traditional wisdom is that minority votes, in general,
go in favour of the UDF (especially because of the pres-
ence of the Muslim League and the major Kerala Con-
gress factions in it) and a large chunk (over 70 per cent) of
Hindu votes are often polled in favour of the LDF. But
with the BJP alliance seriously getting into the fray, this
election could see the strengthening of the trend that was
evident in the local body elections, where the minority
vote seemed in general to favour the candidate who has
the best chance of defeating the BJP in any given constit-
uency. In many local body seats, this favoured the LDF,
which also, unlike the UDF, succeeded in its efforts to
check the BJP from eroding its traditional vote bank.
The LDF’s consistent and firm stand against the Hin-
dutva agenda vis-a-vis the UDF has over the years gained
a lot of admirers, especially among the minority commu-
nities in the State. The BJP/RSS’ untested claim, howev-
er, is that their alliance has the potential to win at least 18
seats in Kerala and offer a strong triangular fight in 69.
The result of such well-publicised theories could be a
possible secular/minority mood against it, and a section
of the minority voters, traditional UDF supporters, may
decide to vote in favour of Left candidates, except in
places where there are Muslim League or Kerala Con-
gress candidates. But with the recent spilt in the Kerala
Congress (Mani), one section, named the Democratic
Kerala Congress, has now joined the LDF and its candi-
dates are fighting their former colleagues in many Chris-
tian stronghold constituencies.
Clearly, within the UDF, only candidates of the Mus-
lim League are perhaps in a comparatively secure posi-
tion, with the party’s continuing domination of the
Muslim vote bank.
THE BDJS FACTOR
Hindus form about 56 per cent of the total population in
Kerala, and Ezhavas, among them, are estimated to be
about 27 per cent. The BJP’s alliance with the BDJS is
aimed at drawing a a chunk of the traditional Left sup-
porters from the Ezhava community to its side.
But surely, neither Vellappally Natesan, the guiding
force behind the BDJS and general secretary of the Sree
Narayana Dharma Paripalana (SNDP) Yogam, the social
organisation of the Ezhava community established by the
reformer-saint Sree Narayana Guru, nor his son Tushar
Vellappally, the leader of the fledgling party, can claim
the support of all the Ezhavas in the State, or of even all
the members of the SNDP Yogam. Left leaders like Pin-
arayi Vijayan have insisted at every other campaign ven-
ue that the guru’s teachings about a casteless society are
in sharp contrast to the very rationale behind the BJP-
RSS-BDJS alliance.
But the BDJS’ possible strength is reportedly the
network of nearly 1.5 lakh self-help groups that the SNDP
Yogam launched at the initiative of Natesan in 2003 “for
43
the economic and social development of Ezhavas”. But
since then the movement has been mired in corruption
scandals and its electoral power has remained a matter of
speculation.
An interesting aspect of the campaign, as it entered
its final days, is the allegation by all three fronts of secret
deals by the other two in many constituencies to keep the
BJP out or, in some constituencies, to help the BJP win in
a few seats in return for keeping either the LDF or the
UDF out, as the case may be. However, the campaign by
LDF leaders in most constituencies seemed focussed
equally against the BJP and the UDF. In contrast, at least
in the initial stages, the State leaders of the Congress and
other UDF partners seemed more absorbed in attacking
the CPI(M) than the BJP. But with the BJP making
allegations against Congress leaders in Parliament about
the AgustaWestland helicopter deal, the focus of the
UDF campaign too turned against the BJP, with A.K.
Antony declaring emphatically that “the UDF’s aim is an
Assembly without the BJP”.
Despite statements to the contrary by the BJP’s na-
tional leaders, the party’s campaign seemed targeted
more against the LDF than the UDF. Clearly, many see
the wisdom behind the BJP’s hopes to keep the LDF out
of power for one more term, and its likely preference for a
UDF seemingly weakened by serious allegations of cor-
ruption and scandals that threaten the fortunes of many
of its prominent Ministers and MLAs in this election (See
Frontline issues dated April 15 and April 29).
There are a lot of undercurrents this time that assume
a strength of their own when seen from this perspective.
They include, for example, the eager crowds that
gather to hear V.S. Achuthanandan and Oommen Chan-
dy, perhaps more than other State leaders; reports about
unprecedented flow of money into Kerala in the weeks
preceding the election; the stand of a number of small
parties, including rivals to the Muslim League, claiming
the allegiance of the Muslim mind; the varied positions of
the churches that often claim to speak for the 18 per cent
Christians in the State; the proclaimed equidistance of
the Nair Service Society (NSS), the social organisation of
the other major Hindu caste group, the Nairs; the politi-
cal travails of parties such as the Kerala Congress (Mani)
and the RSP, which saw some of their prominent leaders
joining the LDF on the eve of the campaign and being
fielded against their own candidates in their strongholds;
parties and persons left high and dry in the seat-sharing
exercise; the presence of a lot many (mainly UDF) rebel
candidates; the presence of an unusual number of actors,
media personalities, independents, or individuals from
other fields contesting as party candidates; and the
strange cases of weak, unlikely UDF/LDF/BJP candi-
dates contesting in constituencies supposedly witnessing
prestigious three-cornered fights.
As this report went to press, the campaign had just
entered its last 10 days, and several national leaders,
including Prime Minister Narendra Modi, were about to
campaign in the State, setting the final agenda for what is
surely an election that defies easy prediction. 첸
FRONTLINE . MAY 27, 2016

Manufactured anger
A BJP leader’s attack on an authoritative book on India’s freedom
struggle for referring to Bhagat Singh as a revolutionary terrorist is of a
piece with the Sangh Parivar’s attempt to malign critics of its version of
nationalism. BY T . K . R A J A L A K S H M I
EVEN before the dust on the na-
tionalism debate settled down, a new
controversy has erupted over the
portrayal of Bhagat Singh in a history
book. The determined effort of the
Bharatiya Janata Party-led National
Democratic Alliance (NDA) govern-
ment “to correct historical wrongs”
in the education system took a new
turn during the Budget session of
Parliament. On April 27, Anurag
Thakur, a BJP Member of Parlia-
ment, while commenting on the role
of history in nation building, referred
to events that happened in February
on the Jawaharlal Nehru University
(JNU) campus and launched a full-
blown attack on a book authored by
the late historian Bipan Chandra and
four others. Pointing to a reference to
Bhagat Singh as a “revolutionary ter-
rorist” in the book, he claimed that
the same professors had depicted the
Congress vice president (Rahul
Gandhi) as a charismatic leader. The
book in question is India’s Struggle
for Independence, covering the peri-
od from 1857 to 1947, and published
in 1988. It had already sold over one
lakh copies. While the usage of the
term terrorist could be a matter of
debate, given the context in which it
was written, the accusation that the
historian had described certain con-
temporary political leaders as charis-
matic was preposterous as the book
covered the period ending 1947.
Reliable sources point out that
the book, which was translated into
Hindi by the Delhi University (D.U.)
FRONTLINE . MAY 27, 2016
CONTROVERSY
THE HINDU ARCHIVES
B H A GA T S I N GH.
Hindi Implementation Board in
1990, was immensely popular. The
uproar over the terms that were con-
sidered offensive spilled over into
television channel debates, where
historians who sought to explain the
context in which the term was used
were pilloried endlessly. It was as if
the nationalism vs anti-national de-
bate had taken a new form. The colo-
nial and imperial context seemed
inconsequential as far as the critics of
the book were concerned. The poli-
ticisation of Bhagat Singh had begun
afresh. When the issue was raised in
the Rajya Sabha, Deputy Chairman
P.J. Kurien expressed concern over
the usage of the term “revolutionary
terrorist” and ordered the govern-
ment to remove the term from the
book. (Kurien later clarified that he
had not asked for a ban on the book.)
Within no time, the university or-
44
dered an embargo on the sale and
further publication of the book,
which in any case was not a part of
the syllabus but was only recom-
mended as additional reading mate-
rial for students of Indian history.
The Minister for Human Resource
Development, Smriti Irani, said on a
TV channel that the use of the word
“terrorist” to describe Bhagat Singh
was an “academic murder”.
While one section of the family of
Bhagat Singh, represented by the
Shaheed Bhagat Singh Brigade, de-
manded that the description be
dropped, another section of the fam-
ily condemned the attack on histori-
ans. Jagmohan Singh, one of Bhagat
Singh’s nephews, said in a written
message that the present debate oc-
curred at “a time of great challenge to
free spirit of enquiry, learning and
questioning”. He pointed out that it
was Bipan Chandra who initiated the
Bhagat Singh Research Committee
in 1978. It was Bipan Chandra’s in-
troduction to Bhagat Singh’s Why I
am an Atheist and An Introduction
to Dreamland that threw new light
on the personality and thoughts of
martyrs. He said it also “initiated a
whole new understanding of the pe-
riod of the Indian struggle for inde-
pendence. It is because of Professor
Bipan Chandra that I could collect all
possible documents on the history of
the Indian Independence movement
from the family, co-patriots and oth-
er living freedom fighters and thus
have the benefit of appreciating this
great heritage. I stand in solidarity
with the cause and defence of history
and the great contribution of Profes-
sor Bipan Chandra.” On the contro-
versy over the usage of the term
“terrorism”, he said a more thorough
understanding was required and
that the discussion was “deliberately
focussed on single words quoted out
of context. And this is what suits
pseudo anti-nationalists.”
Historians of all hues echoed the
views of Jagmohan Singh. They felt
Bipan Chandra, who had popular-
ised Bhagat Singh’s writings and
ideas, was being vilified. The crit-
icism by sections of the government
was, therefore, ironical. What was
equally baffling was the BJP MPs’
demand to withdraw the term and
ban the book. One MP even said that
Bipan Chandra had been a member
of the Communist party. Trinamool
Congress members pointed out that
Surya Sen, who led the Chittagong
armoury raid, was also described as a
revolutionary terrorist. The refer-
ence was to the chapter in the book
titled “Bhagat Singh, Surya Sen and
other revolutionary terrorists”. It
was another matter that the same
chapter described Surya Sen as a
“brilliant and inspiring organiser, an
unpretentious soft-spoken and
transparently sincere person. Pos-
sessed of immense personal courage,
he was deeply humane in his ap-
proach. He was fond of saying: ‘Hu-
manism is a special virtue of a
revolutionary.’ He was also very fond
of poetry, being a great admirer of
Rabindranath Tagore and Kazi Naz-
rul Islam.”
The same chapter (page 254) de-
scribes Bhagat Singh thus: “Bhagat
Singh, born in 1907, and a nephew of
the famous revolutionary Ajit Singh,
was a giant of an intellectual. A vora-
cious reader, he was one of the most
well read political leaders of the time.
He had devoured books in the Dwa-
rakadas Library at Lahore on social-
ism, the Soviet Union and
revolutionary movements, especially
those of Russia, Ireland and Italy.”
The chapter also points out that Bha-
gat Singh, before his arrest in 1929,
had abandoned his belief in terror-
ism and individual heroic action. “He
had turned to Marxism and had
come to believe that popular broad-
based mass movements alone could
lead to a successful revolution; in
other words revolution could only be
achieved by the masses for the mass-
es. That is why Bhagat Singh helped
establish the Punjab Naujawan Bha-
rat Sabha in 1926 as the open wing of
the revolutionaries.”
Clearly, if Bipan Chandra wanted
to denigrate the revolutionary, he
would not have used laudatory terms
to describe Surya Sen and Bhagat
Singh.
SHIV KUMAR PUSHPAKAR
BIPAN CHANDRA.
In a letter to D.U. Vice Chancel-
lor Yogesh Tyagi, some of the co-
authors said Bipan Chandra had
stopped using the description in his
later writings and that he had even
publicly stated that he would not like
to use the word “terrorist” any more.
Aditya Mukherjee, Professor of His-
tory, JNU, and one of the co-authors
of the book, sent to the Vice Chancel-
lor a statement issued by Bipan
Chandra in 2007 (the centenary year
of Bhagat Singh), which was publish-
ed in a mainstream newspaper. Bi-
pan Chandra was quoted in the
newspaper article as saying: “It was a
phrase of praise and was used to dis-
tinguish Bhagat Singh from the oth-
er streams of freedom struggle. But
the word terrorism has assumed a
different meaning now. I would not
like it to be used any longer.” He also
said that all the co-authors had “de-
45
cided and announced publicly that in
accordance with the wishes of Bipan
Chandra they will make the neces-
sary changes in the book. On behalf
of the co-authors, Mridula Mukher-
jee, K.N. Panikkar, Sucheta Mahajan
and myself, I want to convey to you
our intention to make the necessary
changes in the book, which was pub-
lished in Hindi in 1990, ... with im-
mediate effect.”
In a letter addressed to Asha
Gupta, Director of the Hindi Imple-
mentation Board, Aditya Mukherjee
referred to his letter to the Vice
Chancellor and Bipan Chandra’s
2007 statement and assured her that
he would help work out the mod-
alities to make the necessary changes
in the book. Despite all these assur-
ances, the controversy refused to die
down as it became clear that the issue
at hand was not the denigration of
Bhagat Singh or the other revolu-
tionaries and patriots of his time but
branding the surviving co-authors as
anti-national in the context of the
debate on nationalism. It was a
strange coincidence that the lead au-
thor and the co-authors were and are
associated with JNU, a university
that is facing a litmus test for 21st
century India’s patriotism.
Professor D.N. Jha, as head of the
History Department in D.U., recom-
mended the translation of the book
into Hindi. Jha told Frontline: “The
Hindi Implementation Board was
set up to supply reading material in
Hindi not only for Hindi texts but
also for social science textbooks. Not
only textbooks, but other books, too,
were recommended for translation.
When I saw India’s Struggle for In-
dependence, I immediately recom-
mended it even though it was not a
part of prescribed readings as I felt it
would be of some use. Those who are
raising an issue now are illiterate.
This is a manufactured controversy.
There are more important academic
issues. Bhagat Singh used the term
political terrorist to describe himself.
I don’t see why history should be
written according to the descendants
of Bhagat Singh. Historians should
not be guided by what Bhagat Singh’s
descendants think. The Vice Chan-
cellor should have acted with a bit
FRONTLINE . MAY 27, 2016

What Bhagat Singh
said about terrorism
“LET us be clear about this diffi-
cult question. The path of the
bomb has been continuing since
1905 and it is a tragic comment
on revolutionary India. Until
now, we have not realised the use
and abuse of this term. Terror-
ism is an expression of the ab-
sence of the lack of influence of
revolutionary thought in our so-
ciety; or repentance. In this way,
it is an acceptance of our failure.
In the very beginning, it was of
some use. It changed the politics
in a fundamental manner. It pol-
ished the thinking of young in-
tellectuals; it gave self-sacrifice a
vibrant form; and it gave an op-
portunity to show the reality and
power of the movement to the
world and our enemies. But it is
not sufficient in itself. It [terror-
ism] has the history of failure
across the world—in France,
Russia, Germany, Balkan coun-
tries and in Spain—everywhere
the story is the same… I would
like to warn that the Irish model
is not applicable here in India.
Irish revolt was a popular revolt
on the national level rather than
sporadic incidents of terrorist
activities in which gunmen were
deeply associated with the peo-
ple…
There is no need to appre-
ciate the demon of terrorism.
Terrorists have done a lot of
work, and taught the world a lot.
If we do not make mistakes relat-
ing to our aims and methods, it
can be of use even today. Special-
ly, in times of despair, terrorist
methods can be useful in our
propaganda drive but it is noth-
ing more than fireworks and it
should be restricted for special
occasions and for a select few. A
revolutionary should not be
thrown in vicious cycles of futile
terrorist activities and individual
FRONTLINE . MAY 27, 2016
self-sacrifice. For all, the inspir-
ing ideal should not be to die for
the objective but to live for it and
that too to live a purposeful and
worthwhile life.
It goes without saying that
we are not completely disassoci-
ating ourselves from terrorist ac-
tivities. We seek complete
appraisal of it from the view-
point of the workers’ revolution.
Those young men who are not fit
in mature and silent organisa-
tional work can be used in a dif-
ferent manner. They should be
freed from monotonous work to
live their desired life. But the
parent organisation should be-
forehand assess the impact of the
party and its work, its impact on
the masses and the strength of
the enemy. Such kind of works
can divert the attention of the
masses from combative mass
struggle to sharp and flamboyant
work and thus can become an
excuse to attack the very roots of
the party. Hence, this ideal
should not be carried forward in
any circumstance. But the secret
military department is not a
curse. In reality, this is the fron-
tline. The ‘firing line’ of the revo-
lutionary party has to be linked
to the base, which is the dynamic
and progressive people’s party.
There should be no hesitation to
collect funds and arms for the
organisation.”
Bhagat Singh
Pages 281-283, Bhagat Singh
Ke Sampoorna Dastavez, fore-
word Kultar Singh; preface,
compiled, and edited by Chaman
Lal, Aadhar Prakashan, Panch-
kula, Haryana, 2004.
The translation has been done by
Aditya Mukherjee and Mridula
Mukherjee, Professors of Histo-
ry in JNU and co-authors of In-
dia’s Struggle for Independence.
46
more sense. If D.U. has stopped the
sale and reprint of the book, it is
foolish.”
In a separate rejoinder to the
controversy and the attacks on them,
the co-authors said that a “deliberate
misrepresentation of Bipan Chan-
dra’s views on Shaheed Bhagat Singh
is being done by saying he used the
term ‘revolutionary terrorism’ to
denigrate the martyr”. They pointed
out that using the term for the first
time on page 142, Bipan Chandra
had clarified that it was “a term we
use without any pejorative meaning
for want of a different term”. They
said Bipan Chandra, who wrote the
introduction to Why I Am an Atheist,
which was published in 2006, did
not use the word terrorism. Quoting
Bipan Chandra, they said: “Bhagat
Singh was not only one of India’s
greatest freedom fighters and revolu-
tionary socialists, but also one of its
early Marxist thinkers and ideo-
logues… this last aspect is relatively
unknown with the result that all
sorts of reactionaries, obscurantists
and communalists have been wrong-
ly and dishonestly trying to utilise for
their own politics and ideologies the
name and fame of Bhagat Singh and
his comrades such as Chandrashek-
har Azad” (The Writings of Bipan
Chandra: The Making of Modern In-
dia, From Marx to Gandhi, Orient
Blackswan, 2012, page 465).
SAHMAT STATEMENT
Defending Bipan Chandra’s histor-
ical assessment of Bhagat Singh, the
Safdar Hashmi Memorial Trust
(Sahmat), in a detailed statement,
said it was instructive to repeat what
Bhagat Singh had said about “terror-
ism”, which showed that it was not a
term of abuse at that time. In the
manifesto of the Hindustan Socialist
Republican Association (HSRA), to
which Bhagat Singh and his com-
rades belonged, it was written: “We
have been taken to task for our ter-
rorist policy. No doubt the revolu-
tionaries think and rightly that it is
only by resorting to terrorism that
they can find a most effective means
of retaliation….” The HSRA, stated
that it was because of British repres-
sion that “terrorism has been born in

SUSHIL KUMAR VERMA
ME M BE R S O F T H E B I R K H A LS A
DAL during a protest outside the
Delhi University campus on April 29
against the book’s reference to
Bhagat Singh.
this country. It is a phase, a necessary
and inevitable phase of the revolu-
tion. Terrorism is not the complete
revolution and the revolution is not
complete without terrorism.” It was
eminently clear that the new-found
admirers of Bhagat Singh had not
read all his writings, including the
basic manifesto of the HSRA. In a
note written from prison to his asso-
ciates in 1931, Bhagat Singh said:
“Terrorists have done a lot of work
and taught the world a lot…. in times
of despair, terrorist methods can be
useful in our propaganda drive… we
are not completely dissociating from
terrorist activities. We seek complete
appraisal of it from the viewpoint of
the workers’ revolution… such kind
of work (terrorism) can divert the
attention of the masses from com-
bative mass struggle to
sharp and flashy work
….hence this ideal should
not be carried forward in
any circumstance.” Aca-
demics cutting across
disciplines supported the
Sahmat statement. It
was evident that Bhagat
Singh was debating these
ideas in his writings. And
as it happened, Bipan
Chandra, too, was debat-
ing and thinking about
all these aspects, as he F O RM ER J N U
was deeply impressed professor Chaman
with Bhagat Singh and Lal.
his ideas. The co-authors pointed out
that due to his failing health and
poor eyesight, Bipan Chandra could
not revise the book as planned, but
they intended to drop the term in the
revised version. To attack a great
scholar, especially one who did “so
much to bring Bhagat Singh to cen-
tre stage appears to be part of a larger
design to silence critics”, they said.
Bipan Chandra found and published
Why I Am an Atheist as a pamphlet
at his own expense in 1970, they
pointed out. His last public lecture,
Aditya Mukherjee said, was the one
he delivered at the inauguration of
the Bhagat Singh Chair at JNU in
April 2011 where he said that had
Bhagat Singh lived, he would have
been the Lenin of India. Bipan Chan-
dra’s last unfinished book was a biog-
raphy of Bhagat Singh.
The 600-page India’s Struggle
for Independence was part-financed
by the Indian Council of Social Sci-
ence Research in an effort to docu-
ment the Indian national movement
in all its dimensions, including the
revolutionary component exempli-
fied by the ideas and approaches of
some of the freedom fighters. Apart
from using traditional sources of in-
formation, the authors had inter-
viewed nearly 1,500 surviving
freedom fighters. Chaman Lal, for-
mer Professor of History, who com-
piled and edited Bhagat Singh Ke
Sampoorna Dastavez in 2004, said
Bipan Chandra had in the first Bha-
gat Singh Chair memorial lecture in
2011, said the term “revolutionary
terrorism” was not a denigration of
the revolutionaries at all
and that Bhagat Singh
himself had used this
term. Yet Bipan Chandra
felt that “revolutionary
nationalism” could have
been a more appropriate
term.
PENGUIN BOOKS’
SANDEEP SAXENA
STATEMENT
In a statement, Penguin
Books India said: “Since
first being published in
1988,  India’s Struggle
for Independence has
been a recognised au-
47
thority and positive appraisal of Bha-
gat Singh and his associates’ huge
contribution to India’s freedom
movement. At the time of writing,
the author made it clear that the
phrase ‘revolutionary terrorist’ was
used ‘without any pejorative mean-
ing and for want of a different term’. 
Language has evolved since the book
was first published and we are al-
ready working with the co-authors to
update and revise the phraseology to
reflect both modern usage and the
hugely important role Bhagat Singh
played in the creation of modern In-
dia.” The publisher said it was open
to changes but at the same time ac-
knowledged the merit of the text con-
cerned, the context and especially
the appraisal of Bhagat Singh and his
associates.
The reason for the present con-
troversy may not be difficult to dis-
cern. The views and concerns of one
section of the family seem to be in
concert with the views of sections
within the government. Chaman Lal
said the issue was raised during the
tenure of the previous United Pro-
gressive Alliance (UPA), too, and Bi-
pan Chandra’s Modern India was
attacked for “showing Jats in a poor
light”. “I think they are targeting uni-
versities and, in particular, those that
do not conform to their definition of
nationalism. The Hindi version is ve-
ry popular among young graduate
students and therein lies the prob-
lem,” Chaman Lal told Frontline.
Bipan Chandra, who passed
away in 2014, was the author of sev-
eral books on colonialism, national-
ism and communalism. He was also
the chairperson of the National Book
Trust. His colleagues and students
are shocked not so much about the
specific nature of the charge but
about the BJP leader’s ignorance of
Bipan Chandra’s commitment to
Bhagat Singh and his views.
If D.U. decides to “pulp” India’s
Struggle for Independence or take
some drastic measure, it will be deal-
ing a blow to intellectual and aca-
demic freedom and research and
doing a disservice to the book, which
remains one of the best ones to have
documented the national movement
in detail. 첸
FRONTLINE . MAY 27, 2016
ERALDO PERES/AP
WORLD AFFAIRS
THE COUP BEGINS
With the lower house of
Brazil’s parliament voting
for the impeachment of
President Dilma Rousseff,
she faces the biggest
political challenge of her
life. B Y JOHN C H E RIAN
FRONTLINE . MAY 27, 2016
THE VOTE IN THE LOWER HOUSE OF THE
Brazilian parliament, the Chamber of Deputies, on April
17 to forward the case for the impeachment of President
Dilma Rousseff to the upper house, the Senate, was the
first big step taken by the coup plotters as they seek to
oust the popularly elected President of the republic. Dil-
ma Rousseff, Brazil’s first woman President, was re-
elected only 18 months ago for a second four-year term.
The Senate is dominated by the political opponents of the
ruling Workers’ Party and is widely expected to recom-
mend that the President stand trial for alleged constitu-
tional improprieties, when it considers the issue in the
middle of May. As is well known, almost all the key
48

IGO ESTRELA/GETTY IMAGES
P R E S I D E N T D I L M A RO U S S EF F at a press
conference on April 18 in Brasilia, Brazil, a day after the
Chamber of Deputies, the lower house of the parliament,
voted for the motion to impeach her. (Facing page) A day
before the impeachment vote, Eduardo Cunha, President
of the Chamber of Deputies (seated top), presiding over a
debate in the house on whether or not to impeach her.
Opposition lawmakers are holding signs in Portuguese
that read “Goodbye dear” and “Impeachment now”.
players who want Dilma Rousseff’s head are themselves
mired in corruption. The Brazilian President has not
been charged with corruption herself nor has any evi-
dence surfaced to implicate her. Her alleged crime is that
she illegally covered up budgetary shortfalls by borrow-
ing from public sector banks as the country went to the
polls in late 2014. All ruling party candidates like to paint
a rosy picture of the economy before they face the electo-
rate. But the opposition is charging Dilma Rousseff with
“a crime of responsibility” for misrepresenting the actual
state of the Brazilian economy at the time.
In the political circus that led to the impeachment,
the legislators voting against Dilma Rousseff gave vari-
ous reasons for their move, ranging from “peace in Jeru-
salem” to “saving the country from communism”. One
prominent right-wing legislator, Jair Bolsonaro, even
said that his vote was to honour “Col Brilhante Ustra”, the
military officer who tortured Dilma Rousseff in 1973
when she was a left-wing guerrilla fighting against the
military dictatorship in the country. Bolsonaro’s son, also
a member of the lower house, voted in honour of “the
military men of 1964”. The 1964 United States-backed
military coup in Brazil led to the overthrow of a centre-
left government. The military dictatorship constitutes
one of the dark chapters of recent Brazilian history. Many
49
of the current coup mongers in civilian garb look nostal-
gically to that dark era, which only ended in 1985. Dilma
Rousseff spent three years in military prisons where she
was routinely tortured.
OPERATION LAVA JATO
None of the legislators voting to impeach her mentioned
the formal charge of “crime of responsibility” for econom-
ic mismanagement against her. Instead, many of them
falsely accused her of being involved in the ongoing
corruption investigations into politicians from all politi-
cal parties, known as “Operation Lava Jato” (Car Wash).
Dilma Rousseff has remained unscathed by the corrup-
tion scandal that has tarred many in her own party.
Attorney General Jose Eduardo Cardoso has been insist-
ing that the corruption charges against Dilma Rousseff
are totally unfounded.
The political mastermind behind the move to remove
an elected President is Eduardo Cunha, the President of
the Chamber of Deputies. He is constitutionally third in
line to succeed the President. He was angry with the
Workers’ Party for a variety of reasons, the main one
being its refusal to protect him from serious charges of
corruption. He is said to have millions of dollars parked
in Swiss bank accounts and is currently under investiga-
tion by the Swiss authorities. The Ethics Committee of
the lower house is investigating him for having received
$40 million as illegal gratification in the Petrobras (the
state-owned oil company) scandal. His name has also
figured in “the Panama Papers”.
Some 299 of the 513 members of the lower house are
currently under investigation for acts of corruption and
nepotism. A Brazilian magazine has published a 41-page
summary of the corruption charges against them. Brazi-
lian legislators have immunity from criminal prosecution
unless the Ethics Committee expels them or if the coun-
try’s Supreme Court orders it. Only 10 per cent of the
legislators in both houses of parliament are directly elect-
ed. Therefore, most of the corrupt legislators do not have
to face the electorate; they make it to the parliament on
the basis of party lists. This is only one of the many flaws
of Brazilian democracy. The media in the country are
almost totally under the control of the elite, which has no
love for the Workers’ Party. The entire corporate media
seem unified in the attempt to destabilise the elected
government.
The immediate political beneficiary of the impeach-
ment move against Dilma Rousseff will be Vice President
Michel Temer. He too has been named a beneficiary of a
gargantuan corruption scandal, with a high court judge
ruling that the parliament should consider an impeach-
ment motion against him. If the Senate decides to put
Dilma Rousseff on trial, she will have to take leave of
absence from the presidency for six months. If she is
found guilty, she will have to quit. Temer has said that he
is ready to step into her shoes at short notice. A recent
opinion poll showed that only 2 per cent of the Brazilian
public would vote for him. Dilma Rousseff has called the
Vice President a traitor and alleged that he is playing a
FRONTLINE . MAY 27, 2016
prominent role in the unfolding coup. Temer is the leader elites. Six of her Cabinet Ministers had to resign last year
of the Party of the Brazilian Democratic Movement, for their roles in the Petrobras scandal.
which until recently was helping the Workers’ Party run Dilma Rousseff, facing the biggest political challenge
the government. in her life, has decided to fight on regardless of the
The Workers’ Party has never had a majority in the shadow of a looming impeachment. During a recent visit
country’s parliament since it was first voted into power to the United Nations headquarters in New York, she
more than 14 years ago. In fact, since 1995, no ruling said that she would never let the coup against her suc-
party has got more than 20 per cent of the seats. The ceed. She told the media in New York that there were no
Brazilian Constitution, while envisaging a strong presi- “legal grounds” for her impeachment. “In the past, coups
dency, made provisions to ensure a multiparty legisla- were carried out with machine guns, tanks and weapons.
ture. In the vote in the lower house to refer the Today all you need are hands willing to tear up the
impeachment motion to the upper house, the majority of Constitution,” she said. She said that if the Senate ap-
the members of all the right-wing and centre-right par- proved the impeachment motion, then she would appeal
ties, which form the overwhelming majority in the to the international community and that she might go to
Chamber, voted against Dilma Rousseff. Only the Work- the Mercosur, Latin America’s major regional grouping,
ers’ Party, the Communist Party of to get its support to thwart the un-
Brazil, the Democratic Labour Party folding coup. She said that she would
and the Socialism and Freedom Party, ask the grouping to implement the
along with seven members of the Vice “democracy clause” in its constitution
President’s party, voted against the if there “is a rupture in the democratic
motion. process in Brazil”.
According to observers of the Bra- The impeachment process, she
zilian political scene, it will be difficult said, had all the “characteristics of a
for Temer to form a government given coup” as it had no legal basis. The
his abysmal approval ratings and cor- left-wing parties in the region have all
rupt image; 58 per cent of the electo- come out in support of their belea-
UESLEI MARCELINO/REUTERS
rate wants Temer also to be guered comrade. The Permanent
impeached. This will leave the door Conference of Political Parties of La-
open for Eduardo Cunha, who is at the tin America and the Caribbean, com-
moment instrumental in protecting prising 60 Left parties, issued a
the Vice President from impeach- statement condemning the “institu-
ment. His approval ratings among the tional coup” in Brazil. The statement
Brazilian public are also dismal. A rejected “any destabilising intent to
group of Senators is calling for a new undermine democracy in Brazil”. It
presidential election to be held in No- V I C E P RES I DE N T Michel Temer. drew comparisons to the 2009 coup in
vember this year along with the mu- Honduras and the 2012 impeachment
nicipal elections. This is the only way, they say, to keep of Paraguayan President Fernando Lugo.
venal politicians out of the presidency after the impeach- The Brazilian President said that she had received
ment of Dilma Rousseff, which they consider a foregone messages of solidarity from many world leaders. Brazil,
conclusion. The lead public prosecutor of “Operation Car along with Russia, India, China and South Africa, is a
Wash”, Deltan Dellagnol, has expressed his fears about member of the important BRICS grouping, which was
the regime that will displace the Workers’ Party-led gov- formed to challenge the economic dominance of the
ernment. He has said that with corrupt legislators form- West. If a right-wing regime took over in Brazil, the
ing a new government, there will be concerted attempts country’s interest in the grouping could wane. Top oppo-
to derail the ongoing investigations which have implicat- sition leaders from Brazil have been flying to Washington
ed leading figures from the opposition. to brief senior officials in the Barack Obama adminis-
During the vote in the lower house, Dilma Rousseff tration on the neoliberal economic policies they would
forcefully pointed out that she was never mentioned in implement once Dilma Rousseff is ousted from power.
any documents or witness accounts relating to Operation But the U.S. seems to be having second thoughts about
Lava Jato and that the impeachment process should not the impeachment process. The U.S.-backed Organisa-
have been allowed in the first place as at the most she was tion of American States (OAS) has been critical of the
guilty of administrative errors. Brazil’s Supreme Court whole exercise. After meeting with the Brazilian Presi-
has so far refused to step in and give a legal ruling on the dent in mid-April, OAS secretary general Luis Almagro
constitutionality of the impeachment proceedings. The issued a statement that said: “Her constitutional man-
court, like all the major institutions in the country, seems date must be ensured, in accordance with the Constitu-
to be split along ideological lines. Dilma Rousseff empha- tion and the laws, by all the powers of the state and all the
sised that the reforms her government had instituted had institutions of the country, and any undermining of her
empowered the judiciary to thoroughly investigate the authority should be avoided, wherever it may come
nexus between the country’s political and economic from.” 첸
FRONTLINE . MAY 27, 2016 50
 WORLD AFFAIRS
MEXICO

Despair and unrest

There is anger in Mexico over the violence that snuffs out lives but does not
get investigated. However, there is little hope that the state will act.
B Y VIJ A Y PR A S H A D

GINNETTE RIQUELME/REUTERS

A MA RC H against violence towards women, in Mexico City on April 24.

ON APRIL 24, THOUSANDS OF DEMONSTRATORS
marched to the Angel of Independence monument in
Mexico City from the municipality of Ecatepec. People
from all kinds of backgrounds marched with signs that
had the requisite dose of humour and anger. “Revolucion
en la Plaza, en la Casa y en la Cama” (Revolution in the
streets, at home and in bed), announced one woman,
while another wrote on her pregnant belly: “Quiero nacer
sin violencia” (I want to be born without violence). A
51
resonant chant went “Ni sumisa, ni obediente. Soy libre,
loca y valiente” (Neither submissive nor compliant. I’m
free, crazy and brave).
The statistics explain the anger. Seven women are
killed every day in Mexico. Over the past three decades,
over 45,000 women have been killed. The passive voice is
appropriate here. Over 95 per cent of these cases have not
been properly investigated by the police and judged by
the courts. The impunity rate is stunning. Two-thirds of
FRONTLINE . MAY 27, 2016
Mexican women above the age of 15 report in surveys that
they have experienced some form of physical or emotion-
al abuse or discrimination at work.
The slogans for the march—“Vivas nos queremos”
(We want to stay alive) and “Ni una menos” (Not one
female less)—echoed other familiar slogans from earlier
marches. During the disappearance of dissidents in the
dirty wars of the 1980s in South and Central America,
their supporters would mutter, “Vivos los queremos” (We
want them alive) and “Ni uno mas” (Not one man less).
This slogan has returned to Mexico, says Aurelia Gomez
Unamuno, whose forthcoming book, Memoria y vio-
lencia, studies the memories and testimonies of Mexican
guerrillas of an earlier era. In the most recent instance, 43
students from the Ayotzinapa Rural Teachers’ College in
the State of Guerrero vanished in September 2014. Their
families and friends continue to fight to find out what
happened to these young men who were training to be
rural schoolteachers. “We want them alive” is the slogan
for the “disappeared”. “We want to stay alive” is the slogan
of the women.

FORTY-THREE STUDENTS' DISAPPEARANCE

In 1968, as part of the Dirty War, the Mexican state
massacred hundreds of students in Mexico City’s Tlate-
lolco section. Each year, there is a large demonstration at
the Plaza de las Tres Culturas (the Plaza of Three Cultur-
es), the site of the massacre. In 2014, the students at
Ayotzinapa went off to commandeer buses so that they
could go to that demonstration on October 2. These
students were mainly indigenous Amerindians, one of
the three cultures of Mexico (pre-Colombian, colonial
Spanish and Mestizo). Masked men and the police am-
bushed the buses on their way back to the campus. Six
students died at the scene. One bus, with 43 students,
vanished. The government said that the local drug gang,
Guerreros Unidos, had killed the students and inciner-
ated their bodies. This, said Attorney General Jesus Mu-
rillo Karam, was the “historical truth”. They wanted the
case, as with other cases, to vanish.
The families and friends of these missing students
would not back down. Their perseverance caught the
imagination of others in Mexico and across Latin Amer-
ica. Pressure on Mexico’s President Enrique Pena Nieto
pushed him to allow the Inter-American Commission of
Human Rights to send a team of five experts to in-
vestigate the disappearance. Mexico has been protective
of its sovereignty. This was a historic capitulation to the
demands of its people and recognition of the failure of its
own investigative mechanisms.
Pena Nieto assumed that the panel’s work would be
perfunctory, the writer Francisco Goldman told this writ-
er. Goldman’s book The Interior Circuit: A Mexico City
Chronicle (2014) eerily foretold the collapse of the golden
story of Pena Nieto.
With his typically careful eye, Goldman has been
following the investigation into the “43”. Goldman
watched as the commission, known as GIEI, worked
“seriously, with an obsession”. The Colombian prosecu-
FRONTLINE . MAY 27, 2016
tor Angela Buitrago went over 185,000 pages of the old
case file, while Guatemala’s former Attorney General
Claudia Paz y Paz analysed the documentation with her
well-known rigour. GIEI invalidated the government’s
case. Attacks in the establishment media came alongside
a cold shoulder from the government. “The conditions to
conduct our work don’t exist,” said Claudia Paz.
What did the experts at GIEI find? That Guerreros
Unidos had used buses to smuggle heroin and cocaine to
the United States. It was likely, they suggested, that one
of the buses commandeered by the students carried large
amounts of drugs. Gunmen of the gang alongside soldiers
and policemen blocked the highway most likely to recov-
er that bus.
Complicity between the Mexican establishment and
the world of drugs is well documented, most notably by
the investigative journalist, Anabel Hernandez, in Nar-
coland.
Christy Thornton, a historian of Mexico, told this
writer: “The federal government is seeking desperately to
protect itself.” That its Attorney General would muddy
the waters “is a sign of just how high up the corruption
52

EDGARD GARRIDO/REUTERS
R E L AT I V E S of the 43 missing students from a
teachers’ training college in Ayotzinapa during a march
to protest against the government’s handling of the
investigation, on April 26, the 19-month anniversary of
their disappearance, in Mexico City.
goes”. The drug trade has overwhelmed the Mexican
economy. The journalist Carlos Loret de Mola says that
the drug cartels are three times more profitable than the
five hundred largest Mexican firms. It is little wonder
then that drugs might have played a role in this tragedy,
or that the Mexican establishment would go to such
lengths to hide the story.
‘OF LITTLE VALUE’
In his book The Femicide Machine, Sergio Gonzalez Ro-
driguez writes of the people “who are considered of little
value”. These are the 43 students, surely, but also the tens
of thousands of women whose murders have not been
investigated.
Ten days before the April 24 protest, Luisa Carvalho,
the regional director of the Americas and the Caribbean
53
for U.N. Women, spoke in El Salvador at the release of a
report on femicide. “Femicide and other forms of vio-
lence against women in the region continue to grow,” she
said, “and the application of justice continues to be limit-
ed with a rate of 98 per cent impunity for the offenders.”
Governments seem uninterested in these crimes. A
United Nations report from 2003 laments “the relative
incapacity of the state to adequately solve these cases”. A
fog grows over them. People begin to think of them as
mysterious, when in fact there are very clear reasons why
these women are being killed.
“The ongoing death toll is not mysterious,” said Rosa-
Linda Fregoso, author of Feminicidio en America Lati-
na. “It is a consequence of the historic structure of im-
punity in place in Mexico, the failure on the part of the
Mexican state to adequately prevent and investigate vio-
lence against women at all levels.” Aurelia Gomez told
this writer that the violence takes place out of a combina-
tion of “machista rage, drug cartels protected by author-
ities, and permissiveness from the authorities in general”.
In 2007, Senator Marcela Lagarde Rios, who coined the
term Feminicidio, pushed through the General Law to
Provide Women with Access to a Life Free of Violence.
Despite the presence of this important law, Fregoso said,
“Mexico’s judiciary, legislative and criminal justice sec-
tors are staunchly patriarchal.” The disregard for crimes
against women is normal.
‘THE STATE DID IT’
The Mexican state, says Aurelia Gomez, efficiently dis-
mantles social movements—workers and peasant
unions, teachers and students’ organisations. But the
drug cartels remain intact. Plan Merida of 2008 links
Mexico to the U.S.’ Global War on Terror, with the new
term of art being “narco-terrorism”. Funds from the U.S.
government flood Mexican law enforcement agencies,
which use this new money and equipment to break one
drug ring in order to profit another.
“Blood, death, threats, exploitation, weapons, unlim-
ited profits; this is the big business created by the illegal-
ity of drugs,” writes Rodriguez in The Femicide Machine.
There is little hope in the state’s institutions for the
families and friends of the 43 and for those who marched
on April 24. Drug cartels are in the blood stream of
Mexican institutions. To expect the Mexican state to
tackle this would be like presuming a heart surgeon could
do an open-heart operation on herself. At protests for the
43, a common slogan is “Fue el estado” (the state did it).
At the last public meeting of GIEI, the families and
friends of the 43 shouted: “No se abandona” (do not
abandon us).
There was a feeling, says Francisco Goldman, that
with the departure of the international commission,
nothing will happen. It is a feeling shared by the families
of those who have disappeared. Justice eludes them.
They indict the state. Who will give them justice from the
state? “These people live in an abyss,” Goldman told this
writer. “They are forced by the state to live in the shad-
ows, as a ghost with your ghosts.” 첸
FRONTLINE . MAY 27, 2016
 WORLD AFFAIRS
SAUDI ARABIA
In a bind
The diplomatic and economic clout of
Saudi Arabia suffers as its moves to
back terror groups backfire.
B Y JO H N C H E R I A N
THE KINGDOM OF SAUDI ARABIA SEEMS TO
be caught in existential throes. The last couple of years
have seen considerable diminishing of its diplomatic and
economic clout. The rot started with the Saudi establish-
ment’s decision to stoke sectarian fires in the region
through foolhardy gambits. Its bankrolling of Sunni mil-
itant groups that later transformed into terror outfits has
backfired. The fighting in Iraq and Syria, fuelled to a
great extent by Saudi money and sectarian propaganda,
has led to unintended consequences. The secular govern-
ment in Damascus not only has survived five years of
horrendous civil war but is now on the offensive against
the proxies of Saudi Arabia and the West. The Saudi army
has been involved in an open war in Yemen for the last
one year. It has led to the loss of thousands of civilian lives
in the Arab world’s poorest country, and the Saudi army
is far from achieving its goal of installing a friendly
regime there. The country’s infrastructure may have been
reduced to rubble, but the Saudis and their local allies are
not anywhere near scoring a decisive military victory. The
United States is unhappy with the never-ending war in
Yemen. It is concerned more about the apparent indiffer-
ence of the Saudis’ to the spread of Al Qaeda there than
about rising civilian casualties.
The Saudi establishment had pushed the panic but-
ton after it became clear that the Barack Obama adminis-
tration would sign the nuclear deal with Iran. The Saudi
leadership, along with Israel, tried all the tricks in the
book to scupper the deal. The U.S. was not happy with the
machinations of the two countries. President Obama in a
series of interviews with The Atlantic magazine has been
critical of the role played by U.S. allies such as Saudi
Arabia in the region, describing them as “free riders”
eager to snare the U.S. into a sectarian war. He singled
out Saudi Arabia for its failure to find an effective way to
“share the neighbourhood and institute some sort of cold
peace” with Iran.
FRONTLINE . MAY 27, 2016
A I R FOR CE ON E taxiing to a halt at King Khalid
International Airport in Riyadh, Saudi Arabia, on April
20. President Barack Obama and King Salman met
amid deepening tensions between their two
governments over Iran, the fight against terrorism and
the potential release of long-delayed documents said to
implicate Saudi officials in the 9/11 attacks.
After the peace deal with Iran was signed, the Saudi
government, in an apparent act of pique, executed a
leading Shia cleric, Ayatollah Nimr al Nimr, along with
46 others. That move led to widespread protests in Iran.
International public opinion in Europe and elsewhere
turned even more against the Saudis after the hanging of
the popular cleric, who was a leader of the Shia Saudi
minority. European countries were anyway upset with
the Saudi support for Wahhabi and Salafist preachers
who have been instrumental in the rise of groups like the
Islamic State (I.S.) and Al Qaeda. Many of their own
citizens were influenced by the Salafists and embraced
extremist groups like Al Qaeda and the I.S. The terror
attacks in Paris and Brussels were launched by European
citizens influenced by the puritanical strain of Islamic
theology.
After King Salman’s accession to the throne, his son,
Deputy Crown Prince Mohammed bin Salman, seems to
be pulling the levers of power. Unlike previous royal
scions, the young prince seems to be a man in a hurry. He
has been pushing for Saudi Arabia to lead from the front
on military, political and economic issues. Going to war
in Yemen is said to be his idea. He reportedly played a key
role in scuttling the recent move by leading oil producers
54

to curtail oil production in order to raise prices. At a
meeting in Doha in the third week of April, the oil
Ministers of the major oil-producing nations agreed to
freeze their oil production at current levels. A draft agree-
ment was ready for signing, but the Saudis withdrew at
the eleventh hour after instructions from Riyadh. The
Deputy Crown Prince’s hand was suspected in the last-
minute volte-face.
Analysts attribute the move to the Saudis’ desire to
retain the biggest share of the oil market and to punish
Iran and Russia for supporting the government in Syria.
The move is also against the shale gas industry in the U.S.
Oil prices have to be high to make the production of shale
gas and oil viable. After the start of the production of
shale gas and oil, the U.S. has once again become an
exporter of fossil fuel energy, impacting on Saudi Ara-
bia’s global share. With low oil prices, shale oil produc-
tion has been adversely impacted, but many American
companies are still in business.
The rot started with the
Saudi establishment’s
decision to stoke sectarian
fires in the region through
foolhardy gambits.
55
STEPHEN CROWLEY/NYT
On April 25, the Deputy Crown Prince announced
that Saudi Arabia was transitioning to an economy that
would no longer be dependent on oil. He vowed to liber-
ate the country from its “addiction” to oil by 2020. The
government announced its “Vision 2030” in the last week
of April. The Deputy Crown Prince, who is the Defence
Minister and controls economic and foreign policy,
wants the kingdom to develop its own services. The
government has said that the private sector’s share of the
economy will rise from 40 to 70 per cent by 2030 and that
the kingdom will produce 50 per cent of the armaments it
needs. Saudi Arabia is the world’s third largest defence
spender. It currently produces only 2 per cent of the
armaments domestically.
Many analysts predict that the Deputy Crown Princ-
e’s ambitious goals will be difficult to achieve, given the
kingdom’s overwhelming dependence on oil revenue. In
the first week of April, he announced the decision to sell
part of Saudi ARAMCO, the kingdom’s flagship oil pro-
ducer and the world’s biggest oil company. He said that
the proceeds from the sale, which he estimated at $2
trillion, would be transferred to the kingdom’s Public
Investment Fund. Such a move, he averred, would “tech-
nically make investments the source of Saudi govern-
ment revenue, not oil”. The Crown Prince’s dabbling in
economics is said to be as popular among influential
sections of the Saudi elite as his role in starting the war in
Yemen. For the first time, Saudi Arabia has asked for a
loan of $10 billion from abroad to offset a budget short-
fall. The wars in Syria and Yemen have not come cheap
for the Saudi royal family.
Obama, who was on a farewell visit to the region in
FRONTLINE . MAY 27, 2016

REUTERS
DE P UT Y C R O W N PR IN C E M O H A M M ED B I N S A LM A N
after the Cabinet agreed to implement a broad economic
reform plan known as Vision 2030, in Riyadh on April 25.
late March, was given a cool reception when he visited
Riyadh. The Saudi monarch was conspicuous by his ab-
sence at the airport when the U.S. President arrived. The
arrival was not shown on state television. The Saudi
monarchy has many reasons to be unhappy with the
Obama administration. The Saudis feel that Obama is
not doing enough to stop the U.S. Congress from passing
a Bill that could hold the Saudi government indirectly
responsible for the 9/11 attacks. Obama has in fact sup-
ported the release of documents relating to September 11
that were redacted by the previous administration but
has cautioned against any conclusive evidence emerging
of official Saudi complicity. The 28 pages of intelligence
from a congressional report apparently name Saudi offi-
cials who had connections with those involved in the 9/11
attacks. Fifteen of the 19 hijackers involved were Saudi
nationals.
The redacted pages, according to leaked information
published in the U.S. media, contain names of Islamic
charities and individuals in Saudi Arabia and even mem-
bers of the royal family who used their funds to either
indirectly or deliberately subsidise Al Qaeda activities
before 9/11. Some of the money, it is alleged, went to the
9/11 hijackers. According to former Federal Bureau of
Investigation (FBI) agents involved in the 9/11 investiga-
tions, the Bush White House ordered that all investiga-
tions into the role of Saudi diplomats and officials in the
U.S. be closed. The top echelons of the Saudi leadership
have been given the benefit of the doubt, but the redacted
pages reportedly pointed a finger of suspicion at a Saudi
FRONTLINE . MAY 27, 2016
diplomat and Saudi intelligence assets based in the U.S.
at the time.
The Saudi government has warned that if the Bill is
allowed, Riyadh will sell the $750 billion it has in U.S.
treasury assets. The Saudis fear that U.S. courts might
freeze their assets in the U.S. if the new Bill is passed. The
Saudi Foreign Minister, Muhammad al-Jubeir, person-
ally delivered this message to Washington during a trip in
March. Such a move has the potential to damage the
American economy and deprecate the value of the dollar.
Obama administration officials said that any such move
would affect the Saudi government more but at the same
time assured the Saudis that the President would veto the
Bill if it was passed by Congress. The Obama adminis-
tration has lobbied against the Bill, saying that its pas-
sage will put U.S. citizens abroad in danger.
The U.S. State Department has so far given the king-
dom “sovereign immunity” from prosecution. This privi-
lege has not been accorded to Iran or the Palestinian
Authority. Frozen Iranian assets worth $2 billion were
recently ordered seized following a U.S. Supreme Court
ruling that held Tehran responsible for terrorist acts in
Lebanon in the 1980s and a 1996 truck bombing in
Khobar, Saudi Arabia. The decision was based on claims
by survivors of the attacks. U.S. intelligence agencies had
blamed Iranian operatives for the attacks. Iranian For-
eign Minister Javad Zarif has described the ruling as a
travesty of justice. He said that Iran held the U.S. govern-
ment responsible for “this outrageous robbery, disguised
under a court order”. But the order would have no doubt
sent shivers down the spines of the Saudi authorities.
Relatives of 9/11 survivors could bring in multibillion-
dollar suits against the Saudi authorities if the frayed
political relationship between Washington and Riyadh
reaches breaking point.
During his visit to Riyadh, Obama reassured the
Saudi leadership that Washington remained committed
to the security and well-being of the kingdom but made it
clear that under his watch the U.S. would not embark on
another military adventure in the region. At the same
time, there has been no let-up in the sale of American
arms to the kingdom. Saudi Arabia has been the recipient
of the most advanced U.S. weaponry, along with Israel,
for a long time. Since April 2015, the U.S. has sold
weaponry worth $33 billion to the Gulf states, the bulk of
it going to Saudi Arabia. In the first six years of the
Obama administration, $50 billion worth of weaponry
was sold to the kingdom.
Much of this weaponry, which includes banned clus-
ter bombs, has been indiscriminately used in the war in
Yemen, where schools and hospitals have been targeted
by the Saudi-led military coalition. Some of the sophisti-
cated weapons have found their way to jehadi groups
supported by the Saudis and their allies in Syria and Iraq.
The Americans still prefer to look the other way as weap-
ons flow into the hands of extremist groups in the region.
If the U.S. keeps on supplying its proxies in the region
with arms, there is little hope for a peaceful settlement of
the civil wars in Yemen and Syria. 첸
56
 WORLD AFFAIRS
INDIA-CHINA

Hasty diplomacy
The Indian government crosses the diplomatic “red line” by issuing and later
withdrawing visas to Chinese separatists, in line with its recent acts based on
think-tank diplomacy. B Y J O H N C H E R I A N

THE NARENDRA MODI GOVERNMENT, IT

seems, revels in scoring self-goals while conducting di-
plomacy with its immediate neighbours. First, it was the
“red line” it had drawn with Pakistan on the issue of its
diplomats holding consultations with representatives of
Kashmir’s Hurriyat Conference. Then the government
decided that it was in the national interest that a de facto
economic blockade be slapped on Nepal over the Mad-
hesi issue. India has been riling its biggest neighbour,
China, in many different ways. New Delhi has virtually
signed up with the anti-China military coalition being
forged by Washington in the Asia-Pacific region. The
latest indication is India’s decision to sign a Logistics
Support Agreement (LSA) with the United States. The
Chinese government, while taking note of the devel-
opment, responded with discretion. But New Delhi ap-
parently crossed a “red line” when it issued a visa for one
of the leading figures of the armed Uyghur separatist
movement, Dolkun Isa, to attend a conference in Dha-
ramsala (Himachal Pradesh), the Dalai Lama’s head- D OLKUN I S A, Uyghur separatist movement leader.
quarters.
The conference was organised by the U.S. Commis- the government has no issues with Hurriyat representa-
sion of International Religious Freedom and the U.S. tives meeting the Pakistani High Commissioner or any
Congress-funded U.S. Institute of Peace. Besides Uyghur other diplomat, as all Hurriyat members are Indian citi-
dissidents, representatives of the banned Falun Gong zens. Foreign Secretary-level talks between the two coun-
movement and other anti-Beijing Chinese individuals tries have remained derailed for almost two years since
were invited for the conference. The presence of Isa on the Modi government called off the talks in 2014 over the
Indian soil at the invitation of the Government of India Hurriyat issue.
would have led to a major hiccup in Sino-Indian rela- The invitation was extended to Isa although the Indi-
tions. Better sense seems to have prevailed at the eleventh an government was aware that China had designated him
hour in the corridors of power in New Delhi. The e-visas as a “wanted terrorist”. There was also a pending Interpol
for Isa and a couple of other Chinese dissidents, in- “red corner” notice against his name. The Union Ministry
cluding Omar Kanat of the Washington-based World of Home Affairs told the media that it was unaware of the
Uyghur Congress, were cancelled. The Indian govern- Interpol warrant against Isa when it issued a visa. Had
ment, however, let out the information that a few other Isa arrived for the conference, the Indian government,
less controversial dissidents, including one Uyghur Chi- being a signatory to Interpol protocols, would have been
nese, were allowed to attend the closed-door conference. in a piquant situation. China would have demanded that
Interestingly, in the first week of May, the govern- he be arrested and handed over to the Chinese author-
ment also backtracked on the issue of Hurriyat leaders ities. The decision to issue a visa to Isa and later withdraw
meeting Pakistani diplomats. The new official line is that it must have been taken at the highest levels of govern-
57 FRONTLINE . MAY 27, 2016

PTI
DE FEN C E M I N I S T E R Manohar Parrikar with his Chinese
counterpart General Chang Wanquan at the People’s
Liberation Army headquarters in Beijing on April 18.
ment, leaving the mandarins of South Block red-faced.
Think-tank diplomacy has been in the forefront under
the new regime in New Delhi. The National Security
Adviser, Ajit Doval, headed a right-wing think tank, the
Vivekananda Foundation. His son, Shaurya Doval, heads
an influential think tank, India First, which offers advice
to the government. American think tanks such as the
Brookings Institution and the Carnegie Foundation have
set up shop in India and many former Indian policymak-
ers are on their payrolls. These policymakers were among
those who vociferously welcomed the initial decision to
grant visas to the Uyghur dissidents.
UYGHUR TERROR ATTACKS
The Chinese government has specifically accused Isa of
aiding terrorist activity in Xinjiang, where most of the
Uyghurs, a Muslim minority of Turkish origin, live. The
area, which borders Pakistan and Afghanistan, has been
periodically wracked by terrorist attacks. Uyghur terror-
ists, owing allegiance to the East Turkestan Islamic
Movement (ETIM), have staged big terror attacks in
major Chinese cities, including Urumqi, Kunming and
Beijing. The last serious terror attack occurred last year
in Xinjiang. Fifty mine workers were hacked to death in
Baicheng in Jilin province. Last year, Thailand deported
to China more than a hundred Uyghurs suspected of
being part of a terror network. Soon after the deporta-
tion, Thailand suffered its worst terror incident. A promi-
nent temple, frequented mainly by foreign tourists, was
bombed. Uyghur terror networks were suspected to be
behind the attack.
Uyghur fighters have been prominent in the ranks of
Al Qaeda and the Islamic State (I.S.) in Syria, Iraq and
Afghanistan. More than a thousand Uyghurs are esti-
mated to be fighting alongside Al Qaeda and the I.S.
Beijing had previously lodged strong protests with Isla-
mabad over the presence of Uyghur fighters in the tribal
FRONTLINE . MAY 27, 2016
areas of Pakistan. China blamed Pakistan for a 2011
terror attack in the oasis city of Kashgar. China said that
the plan for the attack was hatched in Uyghur training
camps in Pakistan and named one Nurmemet Memet-
min as one of the masterminds behind the attack. He had
escaped from a Pakistani prison in 2006. The West has
been soft on the issue of Uyghur terrorism. The U.S. and
its allies consider Tibet and Xinjiang as issues on which
China can be made vulnerable. It is, therefore, not a
surprise that many Uyghur separatists find safe havens in
Western capitals.
Isa, who is currently based in Germany, has been
demanding independence for Xinjiang. India decided to
issue a visa to the Chinese dissident in retaliation for
China putting “on technical hold” India’s bid to urgently
get the name of Jaish-e-Mohammed leader Maulana
Masood Azhar on the United Nations’ list of global ter-
rorists. The Indian government decided to make a big
issue out of it. External Affairs Minister Sushma Swaraj
raised the Azhar issue with her Chinese counterpart,
Yang Yi, on the sidelines of the Russia-India-China (RIC)
Foreign Ministers meet in Moscow in April. Defence
Minister Manohar Parrikar brought up the issue during
his meeting with the Chinese leadership during the
course of an official visit to China in late April. The issue
also came up during the recently concluded 19th round of
India-China border talks in which Ajit Doval participa-
ted. Many diplomatic observers are of the opinion that
the Indian government unnecessarily hyped up a minor
issue.
The Chinese side has taken pains to explain that the
decision regarding Azhar was taken “in accordance with
the facts” and the rules of the U.N. 1267 committee on
counterterrorism. “We encourage all parties related to
the listing of the matter of Masood Azhar to have direct
communication and work out a solution through serious
consultations,” the Chinese Foreign Ministry spokesman
said. He said as per the rules of the U.N. committee, the
relevant countries should hold direct talks. But the Indi-
an side was not satisfied with the explanation. The Ex-
ternal Affairs Minister criticised “the double standards”
being adopted by some countries on the global fight
against terrorism. Responding to the statement of Sush-
ma Swaraj, the Chinese Foreign Ministry spokesperson
said China too “firmly opposed the double standards on
the terrorism issue” and that his country was also “a
victim of terrorism”.
After the flip-flop over the visa issue, the Indian
government seems to have decided to tread more cau-
tiously while dealing with China. President Pranab Muk-
herjee is due to visit China in June when important trade
and economic agreements could be initialled. The border
issue is on the back burner with not much progress being
made on the demarcation front. India has refused to take
a call on joining China’s ambitious One Road, One Belt
(OBOR) economic blueprint for the Asia-Pacific region.
India and Japan are the only two major Asian countries
refusing to join the grouping, which has taken off suc-
cessfully. 첸
58
 CONTROVERSY

Row over a report

A report by the Karnataka State Minorities Commission detailing
misuse of wakf property over several decades has resulted in a
confrontation between the ruling Congress, which has rejected the
report, and the opposition in the State. B Y R A V I S H A R M A

IN March 2012, the Karnataka

State Minorities Commission came
up suo motu with a 7,000-page re-
port on encroachments on and mis-
use and illegal disposal of wakf
properties in Karnataka. The report
is authored by Anwar Manippady,
who was appointed Chairman of the
commission by the previous Bharati-
ya Janata Party (BJP) government in
the State. The “scam”, even going by
the government guideline values for
land (not the prevailing market
rates), is estimated at more than
Rs.2.40 lakh crore.

According to the Manippady re-
port, out of the 54,000 acres (one
acre is 0.4 hectare) of wakf land in
the State, between 25,000 and
27,000 acres have been “embezzled
by powerful politicians, influential
persons, bureaucrats, State and dis-
trict wakf board officials, and the
‘wakf land mafia’, acting with the
willing and systematic connivance of
pliable mutavallis (caretakers or
managers), officials of various wakf
and wakf advisory boards and the
Revenue Department, middlemen
and influential leaders of the Muslim
community”. The Siddaramaiah-led
Congress government has rejected
the report.
(According to the 2008 report of
the Joint Parliamentary Committee
on wakf, around 30,000 wakf insti-
tutions in Karnataka held around
19,000 acres. The report also cites
189 cases of encroachment on wakf
K. MURALI KUMAR
B A N GA LO RE , M A R C H 26, 2012: Anwar Manippady (centre), Chairman of
the Karnataka State Minorities Commission, submitting his report on wakf
properties in the State to Chief Minister D.V. Sadananda Gowda.
properties. In around 40 of these, Manippady told Frontline that in
government agencies themselves many cases the original survey
were said to be responsible.) showed a piece of land having “x”
The Manippady report states acres, but today only a fraction of
that around 85 per cent of the cases that land existed under that survey
were in urban areas. The methodol- number. The “lost land” is now part
ogy adopted in compiling the report of other newly created survey num-
was simple: source a wakf property’s bers with new owners. Said Manip-
original revenue records, be it survey pady: “The report indicates what the
maps of the Survey of India (some extent of land was as per the original
going back to the 1930s and 1940s) survey and what it is today.” He add-
or gazette notifications, especially ed: “I have enclosed every relevant
the Mysore gazette notification of land record as part of my report, and
1974, and compare them with the in regions like Karnataka-Hydera-
situation on the ground. bad the records drawn on cloth are
59 FRONTLINE . MAY 27, 2016
methodical and crystal clear. It is for
the government to investigate the
hows and the whys, and what went
on in wakf properties.”
In 2012, the government itself re-
ferred the matter to the Karnataka
Lokayukta for a probe under Section
7(2A) of the Karnataka Lokayukta
Act. But nothing happened until Jus-
tice Narayanappa Ananda, who took
over in December 2015 as the Up-
alokayukta, began investigating the
cases listed in the Manippady report
and complaints made to the Lokay-
ukta’s office. He submitted his find-
ings in a 15-volume report on March
28, 2016.
But just days after Justice Na-
rayanappa Ananda submitted his re-
port, the Siddaramaiah government
withdrew the terms of reference for
the Lokayukta probe thereby effec-
tively nullifying his report. Sources
in the Lokayukta told Frontline that
the Ananda report substantiated
most of what had already been said
in the Manippady report.
WAKF EXPLAINED
A wakf, under the Islamic context of
“sadaqah” (voluntarily giving charity
out of compassion, love, fraternity,
religious duty or generosity), is an
inalienable, permanent dedication of
movable or immovable property
made for any purpose recognised by
Muslim law as religious, pious or
charitable by a philanthropic person
professing Islam who has no inten-
tion of reclaiming the asset. The do-
nated assets may be held by a
charitable trust. The grant is known
as mushrut-ul-khidmat, while the
person making the dedication is
known as wakif. Section 3(r) of the
Wakf Act, 1995, defines wakf as a
“permanent dedication”, which
clearly indicates that “once a wakf is
validly created it continues to remain
the same and cannot be extin-
guished”.
The Supreme Court bench of Jus-
tices A.S. Anand and V.N. Khare
brought more clarity to it when hear-
ing a civil appeal dated January 28,
1998, by ruling that “a wakf is a per-
manent dedication of property for
purposes recognised by Muslim law
as pious, religious or charitable and
FRONTLINE . MAY 27, 2016
the property having been found as
wakf would always retain its charac-
ter as a wakf. In other words, once a
wakf always a wakf.” The bench said:
“After a wakf has been created it con-
tinues to be so for all time to come
and further continues to be governed
by the provisions of the Wakf Act….”
A wakf is created to provide for
the financial needs (maintenance,
staff salaries, and so on) of a mosque
or dargah and its congregation and is
usually located in close proximity to
the structure concerned. However,
in the coastal district of Dakshina
Kannada, the designated wakf is of-
ten a fair distance away. While the
mosque/dargah is in the heart of the
city, the designated wakf may be an
areca nut garden in a rural area. The
income from the areca garden was
and still is used for the upkeep of the
mosque. For example, the Nadum-
palli Jumma Masjid is located in the
heart of Mangaluru. But its wakf is
an areca garden around 15 kilo-
metres away on 15 acres and 15 cents
(one acre=100 cents) as per docu-
ments at the Wakf Board. It is anoth-
er matter that of this area 15 acres
have been siphoned off. In actual
fact, it has been encroached to such
an extent that only 15 cents are now
in the possession of the masjid.
Manippady’s report, a copy of
which was accessed by Frontline,
states that there has been a failure of
the Karnataka State Wakf Board in
“protection of wakf properties; ad-
ministration and protection of wakf
institutions, auditing of accounts of
wakf institutions that have huge
properties that generate substantial
income and get huge donations,
most of which is not accounted for by
the Wakf Board as ‘wakf fund’; up-
dating records of wakf properties;
and handling of court cases and filing
of replies in courts against the in-
terests of wakf lands, and on the con-
trary favouring encroachers and
culprits”. The report states that “the
illegal and fraudulent activities” have
gone on for decades.
The list of encroachers/people
involved or responsible for the illegal
and fraudulent activities with regard
to wakf land, according to the Ma-
nippady report, is a veritable who’s
60
who of Congress politicians in Kar-
nataka and their kin, bureaucrats
and wakf board officials. Among
them are former Union Ministers, a
former Chief Minister, present and
past Ministers in the State, former
Members of Parliament, legislators,
educationists, former bureaucrats of
both the Central and State cadres,
businesspersons/builders/politic-
ians, and present and past members
of the Wakf Board. (See box for de-
tails on encroachments/misuse of
wakf properties as listed in the
report.)
When Frontline contacted some
of those who are named in the report,
the response was that “it is politically
motivated”. They point out that Ma-
nippady was appointed by the BJP
government. But there are also a
number of voices that find some
“truth in it”. Said a Congress politic-
ian from the Muslim community: “It
is only because a BJP man [Manip-
pady] is the author that it has got a
bad name. It would have been ideal if
a retired judge had penned the re-
port. No political motivation could
then have been attributed.”
A senior politician who has been
named in the report said it could not
be dismissed as nonsense. “Let the
government have it inquired into.
Let those who are guilty of knocking
off wakf land donated for the welfare
of the poor of the community be
caught and hanged. Whoever or
however big the person is,” this poli-
tician said.
METHODS USED
The report states that encroachers
used a variety of methods to usurp,
encroach on or misuse immovable
wakf properties. One of the most bla-
tant methods, it says, is to give the
property on lease/rent at abnormally
low rates over long periods, even 99
years, and make a financial killing on
the side. More ingenious methods
take time but are profitable mani-
fold. As is the norm, the wakf proper-
ty is taken care of by a mutavalli.
Part of his duties is to pay the munic-
ipal taxes and take care of other reve-
nue-related activities. Over a period
of time the mutavalli begins to pay
the municipal taxes in his name and
 Some of the encroachments
THE most prominent property
mentioned in the Anwar Manippa-
dy report on the encroachment/
misuse of wakf lands is the iconic
Windsor Manor Hotel in the heart
of Bengaluru (survey no. 25, San-
key Tank Road, 1,65,752 square
feet). In contravention of Wakf
rules, the property’s lease was ex-
tended twice, from 30 to 50 years
and then from 50 to 90 years for a
meagre amount. The following are
a few of the other encroachments
listed in the Manippady report.
Bidar district has the largest
number of encroachments, with
1,803 acres (one acre=0.4 hectare)
of the total 2,586 acres of wakf
lands being illegally occupied or
disposed of.
BIDAR DISTRICT
• Survey no. 73: 180 acres of Asia’s
second biggest graveyard for Mus-
lims, belonging to the Khaja Abdul
Faiz Dargah in Haladkere village
in Bidar district.
• Survey no. 73: 8.36 acres of land
belonging to the Fatehulla Qhadri
Dada Peer Dargah in Aliabad vil-
lage.
• Survey no. 59: 31.37 acres of land
belonging to the Shah Valiulla
Hussaini Dargah in Aliabad vil-
lage.
• Survey nos. 105 (2.11 acres), 104
(2.88 acres), 105 (5.35 acres), 107
(8.09 acres) of Chidri village; sur-
vey nos. 34 (1.34 acres) 35 (2.27
acres), 36 (22.23 acres), 37/1 (10
acres), 37/2 (13.07 acres), 49
not in the name of the dargah or
trust. He is, of course, aided and
abetted by Revenue Department of-
ficials and those in the State and/or
district wakf boards, who issue him,
if need be, a no objection certificate
(NOC). This is the first step in the
process to transfer the property to his
own name, points out the report. In
the event of any queries posed by the
Revenue Department authorities, he
shows the NOC. Once the property’s
(25.21 acres), 50 (7 acres) and 51
(17.26 acres); all properties of Ali
Bareed Dargah containing the
tombs of Ali Bareed and Masjid
Sunni. This is a major wakf institu-
tion and also an archaeological
monument.
KALABURAGI DISTRICT
• Survey no. 12: 8.34 acres of the
Hazrat Khaja Bandenawaz Dar-
gah.
• Survey no. 13: 2 acres of Dargah
Hazrath Aber Sayeed Junaidi in
Vakkalgera.
• Survey nos. 33/1, 33/2, 33/3,
33/4, 33/5 of Brahampur village.
Hazrath Khaja Bande Nawaz, Ge-
sudaraz.
BENGALURU URBAN
DISTRICT
•Survey no. 18: 2.30 acres of land
belonging to the Hazrath Ataulla
Shah Dargah at Annepura Village
(near Lal Bagh, Bengaluru).
• Property no. 10: Sardar Patrappa
Road, belonging to Hazrath Na-
wab Ibrahim Ali Shah Shattari
Zindavalli, Kumbarpet extension.
• Property nos. 22-23 of Puliar Koil
Street, 15 and 17 of Makkan Road,
totalling approximately 7,329 sq ft
and belonging to the Kulsum Bi
trust.
• Survey nos 2, 4, 5, 7, 8, 9, 11, and
13 of Vadepura village, totalling
239.38 acres, of which three por-
tions of 3.01, 2.30 and 4.14 acres
have been sold as per the gazette
notification, belonging to Musafir
title is transferred to his name, it is
sold off. Many of those who helped
the mutavalli stand to benefit the
most.
Another method, according to
the report, is for mutavallis to claim
ownership of a property by stating
that his forefathers had been gifted it
decades ago. The wakf board con-
cerned, the report states, illegally
and wrongly denotifies the property
and the mutavalli is given a certif-
61
Khana (Chatram) Sunni, Yelahan-
ka.
• Survey no. 28: 2.10 and 0.38 acres
belonging to Dargah Hazrath
Ataullah and Nabi Shah-Bada Ma-
kan respectively, in Mavalli.
• Survey no. 55: Of the total extent
of 602.29 acres of land belonging
to the Hazrath Manik Shah Dar-
gah in Bilehalli village, Cubbonpet
(Avenue Road), 122.20 acres have
been granted to 50 persons, with
the remaining land being disposed
of illegally.
• Survey no 71/2, 3 acres, and sur-
vey no 71/2(A), 12 guntas, at Adu-
godi and belonging to Wakf
institutions.
• Survey no. 1: 6.04 acres belonging
to the Hazrath Ataullah Shah Nabi
Shah Dargah, Bada Makan, in
Aneepura village.
• Serial no. 189 and 259: 20,000 sq
ft of the Muslim graveyard and
Naubahar Shah Makan on Arm-
strong Road, Bengaluru.
• Survey nos. 32/1, 34, 35, 37, 38,
39, 41, 42: An extent of 20.03 acres
at Yeshwantpur, belonging to the
Mohammed Sheriff Educational
Trust.
BENGALURU RURAL
• Survey no. 22: 3.16 acres belong-
ing to Mushtak Shah Makan in Ne-
lamangala.
KOPPAL DISTRICT
• Survey nos. 10/1, 10/2 and 10/3:
2.09 acres belonging to Berooni
Abadi Masjid in Gangavathi.
icate to show that the property has
been given to his family.
Yet another method, states the
report, is for the property’s revenue
documents, specifically the survey
number, to be fragmented into a
number of subdivisions. These sub-
divided survey numbers are given
new names. The land bearing the
original survey number is now a frac-
tion of what it was originally. The
new owners of the subdivided survey
FRONTLINE . MAY 27, 2016
numbers are free to sell or lease
“their” property, the report states.
Responding to questions wheth-
er the commission could bring out
such a report, Manippady explained
that the Karnataka State Minorities
Commission was well within its
rights to undertake a study and come
out with a report since the commis-
sion, besides examining the working
of various safeguards provided in the
Constitution and in the laws passed
by the State legislature for the pro-
tection of minorities, was duty-
bound under Section 10 (1)(h) of the
KSMC Act “to study any other matter
which, in the opinion of the commis-
sion, is important from the point of
view of the welfare and development
of minorities to make appropriate
recommendations”.
Manippady also pointed out that
under Section 10(2), “the govern-
ment shall cause the recommenda-
tions of the commission to be laid
before each house of the Legislature
along with the memorandum ex-
plaining the action taken or pro-
posed to be taken on the
recommendations”. Also, under Sec-
tion 15, “the government shall cause
the annual report, together with a
memorandum of action taken on the
recommendations contained there-
in, so far as they refer to the State
government, and the reasons for the
non-acceptance, if any, of such rec-
ommendations, to be laid, as soon as
may be, after the reports are re-
ceived, before each house of the Leg-
islature”. Although the Manippady
report was submitted in March 2012
to the then Chief Minister D.V. Sada-
nanada Gowda of the BJP, and de-
spite subsequent decisions,
including a Cabinet decision in 2013
by the Jagadish Shettar dispensation
and an assurance by the Siddara-
maiah government to table it in the
Legislature, it continues to lie in cold
storage. The Siddaramaiah govern-
ment has cited technicalities for not
placing the report before the House.
RECOMMENDATIONS
The Manippady report has three key
recommendations: keep the Karna-
taka State Board of Wakfs “under
suspension for 12 months” in order to
FRONTLINE . MAY 27, 2016
enable a fair investigation; constitu-
te a task force for wakf properties to
retrieve the wakf properties in ac-
cordance with the Supreme Court’s
ruling; and set up a high-powered
committee to work out the modal-
ities to run the Wakf Board in a
transparent manner.
The Siddaramaiah government’s
explanation is that there are no pro-
visions under the Central Wakf Act
to keep the Wakf Board under sus-
pension. The fact is that the State
government has the power to super-
sede the board for a period not ex-
ceeding six months after issuing a
show cause notice to the board. The
government says that in 2013 a task
force on wakf boards was set up and
it was vested with powers on the lines
of the Bruhat Bengaluru Mahanag-
ara Palike and the Bengaluru Devel-
opment Authority task forces.
In the Siddaramaiah govern-
ment’s view, the Manippady report
consists of two parts, the original re-
port and the recommendations. Kar-
nataka Law Minister T.B.
Jayachandra said: “I have already
put it in writing that the government
has acted as per Section 10(2) of the
Karnataka State Minorities Com-
mission Act, 1994, and placed the
recommendations of the Manippady
report on the floor of the House.
These recommendations have been
rejected. The Act does not specify
that we have to table the entire origi-
nal report. The Act is superior. I can-
not go by the opposition’s demands
even if they are making a big noise on
tabling the original report. The gov-
ernment has fulfilled what was ex-
pected of it. The matter is also in
court, let us see what the court says.”
The Minister added that once the
report was tabled it could not be fur-
ther discussed in the House and had
to be referred to the “Committee on
Papers Laid on the Table”, a joint
committee of both Houses of the leg-
islature, where it will be decided
whether it is in the prescribed form
or not. “The House cannot go on dis-
cussing the report again and again.”
The Minister also said the Sidda-
ramaiah government had rejected
the report. However, he was not pre-
pared to specify why, except for say-
62
ing that “there are so many
technicalities…. I don’t want to go
into them. Neither do I want to go
into the allegations made in the re-
port on encroachment or other
wrongdoings.” But many of his Cabi-
net colleagues, including those from
the Muslim community, are of the
view that the Siddaramaiah govern-
ment is making a mistake by shying
away from tabling the report.
Today the report has become a
political hot potato between the rul-
ing Congress and the opposition par-
ties, the BJP and the Janata Dal
(Secular). With the Congress making
excuses to not table it, the opposition
has resorted to stalling proceedings
in the legislature, especially the Leg-
islative Council, where dharnas and
adjournments were the order of the
day for nearly the entire recent ses-
sion. The Leader of the House in the
Council, S.R. Patil, said the govern-
ment had consulted the Attorney
General on the issue and added that
under the rules, it had to table only
the memorandum explaining the ac-
tion taken on the recommendations
of the report. What irked the opposi-
tion was that in the legislature ses-
sion in November Siddaramaiah
suggested to the opposition that the
Manippady report could be tabled in
both Houses during the next joint
legislature session (which was sched-
uled for January 2016). The Chief
Minister’s suggestion was agreed up-
on by other members of the Business
Advisory Committee, including the
opposition leaders. However, the
government failed to act during the
joint session and in March it rejected
the report. What it tabled in the Leg-
islative Council was only a memo-
randum explaining the action taken
on the report’s recommendations
and not the complete report.
The opposition has taken the is-
sue to Governor Vajubhai Vala. A
delegation led by the BJP’s K.S. Esh-
warappa submitted a memorandum
seeking his intervention and urging
him to take “necessary action” on the
“failure” of the government to table
the report despite a ruling by the
Chairman of the Council, D.H. Shan-
karamurthy, and the direction of the
Karnataka HighCourt. 첸
 DROUGHT

Telangana’s thirst
Many villages in the State are reeling under acute water scarcity. The
government departments are trying to tap every available source to
supply water to them as the rural economy is collapsing. B Y K U N A L S H A N K A R

AT 3 a.m. on November 28, 2015,

residents of Bommareddigudem vil-
lage in Telangana’s Medak district
woke up to the familiar drone of a
borewell rig in operation. It is com-
mon practice in the village, like in
most other rural habitations of Te-
langana, to dig deeper and deeper to
find water to irrigate the parched
lands. The clandestine drilling takes
place mostly at night as the residents
fear that the local authorities may
attempt to stop it as proper proce-
dures are not followed to drill new
borewells.
Kumar Ramulu, 45, belonging to
the dominant Mudhiraju communi-
ty, has been raising sugarcane in his
four-acre (1.6 hectare) field for more
than two decades. For several years,
the yield had been poor. In 2014 and
2015, the crop failed. The wells Ra-
mulu had previously sunk are dry.
The 150-foot-deep well he frenetical-
ly got dug in the wee hours of No-
vember 28 also did not yield water.
Ramulu had hired a contractor for
Rs.40,000, borrowing the money at
36 per cent interest. The contractor
was in a hurry to finish the digging
before dawn and be out of plain sight
but a desperate Ramulu urged him to
PHOTOGRAPHS: KUNAL SHANKAR

drill another well about 200 ft away.

It was 6:30 a.m. As the contractor
began drilling, Ramulu once again
went to the moneylender to borrow
another Rs.40,000 to pay the con-
tractor. The second attempt also
failed.
At daybreak, the Dalit neigh- C H I RA N GI M ALLA R E D D Y, who owns 4.8 hectares of land. For the first
bourhood in the vicinity of Ramulu’s time he had to dig a 1,000-foot borewell as the Manjeera, a tributary of the
land began to wake up. Rakesh and Krishna river, has run completely dry.
63 FRONTLINE . MAY 27, 2016
his brother came out to see what the
noise was all about. Three-year-old
Rakesh’s curiosity got the better of
him and he ventured closer to the
first pit. He lost his balance at the
edge of the well and fell into the pit.
He was stuck at a depth of 30 ft, with
a heavy head injury. Rescue attempts
commenced immediately. As the
news spread, regional television crew
descended on the village and started
giving a blow-by-blow account of the
rescue operation to their viewers.
Men who were working on another
borewell in the neighbouring Nal-
gonda district rushed to Bommared-
digudem and joined the rescue
attempts. After 25 hours, they were
able to lift the lifeless body of Rakesh
from the pit. Ramulu spent the next
45 days in jail, while his wife once
again went to the moneylender to
borrow Rs.25,000 to pay the police.
The borewell operator was arrested
and let off on bail after 15 days.
The accident involving Rakesh is
not a one-off incident. Telangana’s
countryside is replete with stories of
children falling into open borewells.
According to the National Crime Re-
FRONTLINE . MAY 27, 2016
B Y RI S A I LU A ND M OG UR AM M A , parents of the boy Rakesh who fell into a
borewell at Bommareddigudem in Medak district in November 2015.
cords Bureau’s (NCRB) statistics for
2014, 50 people (42 men and eight
women) died when they fell into
open borewells. Almost half of them
were under 30. Activists said this was
a gross underestimation as several
deaths that occurred in the hinter-
land went unreported. Arribandi
Prasad Rao, a retired professor of
Hyderabad’s Acharya NG Ranga
Agricultural University, said there
were close to 100 such deaths a year
in Telangana alone and nationwide,
the figure could be in the thousands.
The right procedure to drill a bo-
rewell is to seek permission from the
mandal authorities, who will intim-
ate the State’s Ground Water De-
partment (GWD), which will send a
geologist to ascertain the right spot
to dig a well on the basis of the depth
of the available source and spacing
between two wells. It is mandated
that there should be a distance of 820
ft between two wells and the water
drawn should not be more than
1,000 gallons for a whole cropping
64
season. The GWD has based this esti-
mation on the requirement of “irri-
gated dry”, or ID, crops such as
maize, millets, chillies, vegetables
and cotton. They are considered the
best crops for a semi-arid, water-
stressed region. But as Telangana
reels under the worst drought in 60
years, the authorities have relaxed
the spacing between wells to 500 ft,
but only in canal-irrigated farm-
lands. Neither Ramulu’s first failed
borewell nor the second one would
have met the criterion, as his four-
acre land, split into two equal plots,
does not have a 500-ft radius.
“Most of the digging happens
outside the purview of the govern-
ment authorities after the Water
Land and Trees Act (WALTA), of
2002, came into force” G. Sambaiah
of the GWD said. He was referring to
the Act implemented by undivided
Andhra Pradesh, which Telangana
has adopted. The Act not only man-
dates spacing but also disallows any
commercial borewell within 820 ft of
KU M AR R A M UL U, on whose land the borewell was dug, seen here with his
wife. The borewell did not yield any water.
a drinking water well. This was done
to check the rampant use of ground-
water. Records with the GWD show
a 16-fold increase in the number of
borwells between 1986 and 2000.
The three decades for which data are
available indicate that the number of
borewells in Telangana increased
from 23,929 to 14.5 lakhs. Seventy
per cent of Telangana’s farmlands
depend on groundwater for irriga-
tion. But as the State witnessed a
second consecutive drought year in
2015, groundwater is used only for
drinking.
Government officials blame the
accidents such as the one in Bomma-
reddigudem on greedy rig owners.
There are between 20 and 30 rig
owners in each of Telangana’s nine
rural districts and two to three times
that number in Hyderabad city. The
GWD estimates that borewell drill-
ers make not less than Rs.15 lakh a
month. The cost of digging one well
is anywhere between Rs.50,000 and
Rs.75,000. All the drilling compa-
nies are registered with the GWD
and yet they flout the law. They cap-
italise on the farmers’ desperation
for water. It would have cost Ramulu
another Rs.5,000 to close the well he
had sunk, which would have meant
borrowing again.
A retired GWD official, not wish-
ing to be named, blamed the inade-
quate staff strength for the inability
of the department to implement the
Act effectively. He said: “Each dis-
trict requires about 10 members to
carry out the department’s work, but
we are functioning with about four or
five. And our duties also include the
execution of the WALTA.” An in-
crease in the staff strength would
help us carry out more inspections,
he said. “While all the loopholes can-
not be plugged, along with some pu-
nitive measures, this could act as a
deterrent,” he said. The GWD only
has the powers to recommend ac-
tion. The revenue authorities have
the powers to penalise those violat-
ing the Act.
65
WALTA rules do not apply to
municipalities as water use in their
jurisdiction is assumed to be largely
for domestic and drinking water pur-
poses. The estimation does not take
into account the exponential in-
crease in apartment complexes and
the pressure this is putting on urban
groundwater resources, without any
means to replenish them.
Instances of children falling into
open borewells are only one aspect of
the drought conditions in the State.
Suicides by farmers, fluorosis and
heat stroke are some of the other.
The State government has admitted
that as of April 30, 122 persons died
owing to the heat wave conditions
that prevailed between April 14 and
26.
Y.K. Reddy of the Hyderabad
Centre of the India Meteorological
Department said: “Normally, heat
wave conditions happen in the sec-
ond half of May, but occasionally
they occur in April as well. The last
time temperatures soared [to 45°
Celsius] was in 2010.” What is more
alarming is that the mean maximum
temperature, the value of the highs of
FRONTLINE . MAY 27, 2016

the past three decades [1981-2011],
has increased by about half a degree
Celsius compared with the previous
average [between 1971-2001] in sev-
eral parts of the State. For instance,
Ramagundam, a town in north-cen-
tral Telangana, recorded an unprec-
edented high of 46.1 °Celsius in
April, Y.K. Reddy said.
WATER CRISIS
What is unfolding now is a calamity
that was not witnessed by at least
four generations in the Deccan plat-
eau. Almost all of Telangana’s reser-
voirs are dry. A combined
presentation by the Rural Water
Supply and Sanitation Department
(RWS) and the Irrigation Depart-
ment to the Chief Minster recently
gives an appalling picture. The Cen-
tral government’s recommendation
of daily water supply for each rural
household is 40-55 litres, far less
than the 150 litres sanctioned for ci-
ties, but even that target is impos-
sible to achieve.
Every summer, several of Telan-
gana’s villages go dry and the local
authorities make arrangements to
supply a minimum of 15 litres every
day for each household for its cook-
ing and drinking water needs. For
the first time this year, water was
transported to “thousands” of villag-
es, Ravindranath, who is in charge of
the RWS’ calamity relief, said. As on
April 25, 2,081 “habitations” had no
FRONTLINE . MAY 27, 2016
water. This number rose to 2,151 in
four days. Last year, 482 habitations
needed water in the corresponding
period. The State has about 20,000
habitations, which means that about
one-tenth of the State’s 2.15 crore
people living in rural areas have no
access to water by April end. Medak,
Chief Minister K. Chandrasekhara
Rao’s home district, is the worst af-
fected with more than 800 habita-
tions without water.
In the adjoining Mahboobnagar
district, 400 habitations face water
scarcity. Even Adilabad, the district
with its southern boundary marked
by the Godavari river and the north-
ern border by the Penaganga river,
faces a severe water crisis. Adilabad
generally does not experience severe
droughts but this time more than
200 habitations, several of them in
difficult-to-reach hilly tribal neigh-
bourhoods, are without water.
Around this time of the year, the
government hires even private bore-
wells to “augment” any water source
available to ensure a semblance of
supply. In all, 6,144 private borewells
have been hired to supply water to
3,643 habitations across the State,
the maximum number being in Wa-
rangal district, followed by Nalgonda
district. The water is then rationed to
the entire neighbourhood in the vi-
cinity of these wells. Sridhar Rao
Deshpande of the Irrigation Depart-
ment, speaking about his recent visit
66
to some villages in Mahboobnagar
district, said: “There is always some
perennial water source that villagers
keep as a reserve during such sit-
uations. Villagers trek for a whole
day to get a pot of water.”
Another official of the Rural Wa-
ter Supply Department said: “People
don’t take a shower. They wear the
same clothes for weeks. Village resi-
dents take a small pot of water and go
into the fields for their morning ablu-
tions. They don’t require much wa-
ter, and so the situation does not
appear alarming, but city folks are
used to an entirely different kind of
living. We flush the toilets every time
we use and take long showers. Our
water needs are more.”
Near Bommareddigudem, Chi-
rangi Malla Reddy is digging a 1,000
foot borewell in broad daylight. He
does not require permission to drill
because this is his first well on a 12-
acre plot his family owns right near a
canal fed by the Manjeera river,
which has always irrigated his sugar-
cane crop.
In March, for the first time, the
river ran completely dry. The Singur
dam on the Manjeera, a tributary of
the Krishna, is visible on the horizon.
It was conceived as an irrigation pro-
ject, but it has become one of Hyd-
erabad’s main lifelines in the past
two decades with the rapid growth of
the city. The water in the dam is now
below the dead storage level, as is
water in most of the region’s reser-
voirs which also serve Maharashtra,
Karnataka, Andhra Pradesh and
parts of Chhattisgarh and Madhya
Pradesh (see chart).
Rakesh’s parents Byri Sailu and
Moruramma and Ramulu’s parents
have enrolled for the 100-day job
guarantee scheme, like other able-
bodied members of the village. The
Telangana government had widely
discredited the Mahatma Gandhi
National Rural Employment Guar-
antee Act (MGNREGA) around the
same time last year as a “substan-
dard, inefficient and ill-conceived
way of spending public money”. But
in the past two months, works under
the MGNREGA have been scaled up
across the State in view of the col-
lapse of the rural economy. 첸
 HERITAGE

ANCIENT GIFT
for the modern world

D H Y A N A , Swami Sitaramananda,
Sivananda Yoga Farm, Grass Valley,
United States.
 In the run-up to International Yoga Day, June 21, a look at
why yoga has captured the imagination of people.
Text & photographs by BENOY K. BEHL

YOGA was conceived 5,000 years ago, in the Indian
subcontinent. The Upanishads, composed in the 8th or
9th century BCE as a collection of beautiful verses, crys-
tallised deep philosophical ideas that had a timeless qual-
ity and a vision of life in which yoga was a fundamental
factor.
The Katha Upanishad of 3,000 years ago says: “He…
whose senses are uncontrolled, who is not tranquil,
whose mind is not at rest, he can never attain the true self,
even through knowledge”.
It also says: “The Supreme, being formless, cannot be
discerned by the senses, hence all knowledge of the eter-
nal must be acquired by the more subtle faculties. These
are developed only through the purifying practice of
meditation”.
Yoga is a deep study of the universal nature of hu-
mankind, not just a science of the mere physical world. It
is the study of consciousness itself, understanding one’s
body, one’s emotions, one’s mind and, beyond that, one’s
true self.
Yoga has a vision of oneness in all that there is around
us. It is a vision of great harmony and works towards
integrating us with the eternal reality. What comes in the
way of this unity is people’s egos and their limitless

DH Y A N A , Sivananda Yoga Farm,

Grass Valley, U.S.
desires which they spend their lives chasing. There is
never satisfaction in their lives, only pain and a constant
restlessness.
Conquering the fretful disturbances of the mind,
great thinkers researched deep into the self over several
centuries and in the process developed a great tradition
of logic and epistemology. They examined, among other
things, the following questions: What is the basis of our
knowledge? What is knowledge itself? It was a precise
and uncompromising study, an unerring search for the
truth to help us to know ourselves better and to help us
attain inner peace and joy.
The Katha Upanishad says: “The one who is free from
desire and free from grief, with the mind and senses
tranquil, beholds the glory of the true self.”
Yoga quite literally means to unite oneself with the
higher self, which is in us and is all-pervasive. It means to
join the subject with the object. To do this, we have to
strip away the many layers of momentary sensory percep- I N D US VALLE Y S E AL of approximately 5,000 years
tions that assail our senses and keep us bound to the ago, showing a figure in yogic posture.
material world. In the words of the Katha Up- P A D A N G US THA P AD M A UTKA TA S A N A,
anishad: “When the five sense organs of perception Sasha Belousova, Zorba the Buddha, Delhi.
become still, together with the mind: that is called
the highest state.”
The Upanishad says: “When all desires dwelling
in the heart cease, then the mortal becomes immor-
tal and attains the true self.”
The purpose of yoga is to free its practitioners
from the shackles of desires, awaken the true knowl-
edge within them and help them be in harmony
with all that there is.
Yoga helps people to be in the moment in which
they live. Gradually, they become aware, first of
their bodies and of their breath. Yoga brings them to
look at it, to control it. Once that has been achieved,
the transformation has begun.
From there, the next step is awareness of the
mind. Yoga and ancient Indian thought do not con-
sider the mind to be consciousness itself. The mind
is, in many ways, like the body. People have to see it,
be aware of it. The ancient texts point out that the
mind is like a monkey, which jumps about. It flits
from thought to thought, and people usually have
no control over it. In yoga, they become aware of it
and step aside, to become observers of the mind.
They are no longer carried away by the fluctuations
of the mind.
The yoga sutras, written by the ancient sage
Patanjali, say that yoga is a state of Chitta Vritti
Nirodha, a state in which the waves or perceptions
of the mind have been stilled. In this state, a person
may be able to direct his or her consciousness to the
search for what is true and lasting.
Scientific research done on yoga in the past 40
years has confirmed that yoga contributes to the
health and happiness of people in all walks of life.
Meditation is not about finding anything new. It is
about letting go of what is not one’s self. When a
person learns to observe himself or herself, the out-
side world no longer has control over him or her.
Good health and joy are the natural outcome. At the
end of the path of self-transformation is the reward
of true knowledge: when we are deeply aware of our
oneness with all that there is: the state of yoga. 첸
Benoy K. Behl is a film-maker, art historian and
photographer who, in the past 37 years, has taken over
46,000 photographs of Asian monuments and art
heritage, made 133 documentaries on art and cultural
history, and held exhibitions in 54 countries around the
world. He has delivered lectures at most of the important
universities and museums around the world that have
departments of Asian art. His book, The Ajanta Caves, is
published by Thames & Hudson, London, and Harry N.
Abrams, New York, and is in its fifth print run.
Behl is at present completing his third film on yoga. The
first film was shown in 50 countries on the first
International Yoga Day, June 21, 2015. He carried out
the photography for this feature in India, Vietnam and
the United States over the last one year and was assisted
in this by Sujata Chatterji.

FRONTLINE . MAY 27, 2016 70

71 FRONTLINE . MAY 27, 2016
S I R S A S A N A,
Sivananda Centre, Vietnam.
KAP O T A S A N A
( VA R I A T I O N ).
Ambeeka and
Bhargavi at
Sivananda
Ashram, Neyyar
Dam, Kerala.

KAP O T A S A N A ,
Sivananda Yoga
Farm, Grass
Valley, U.S.
FRONTLINE . MAY 27, 2016 74
MA YUR A S A N A ,
Sivananda Yoga Farm,
Grass Valley, U.S.

M A YUR AS AN A ,
Sasha Belousova,
Zorba the
Buddha, Delhi.

75 FRONTLINE . MAY 27, 2016

E KA P A D A UR D H V A D H A N U RA S A N A , Sasha Belousova, Lodhi Gardens, Delhi.

FRONTLINE . MAY 27, 2016 76

NATAR A J A S A N A , Sivananda Yoga Farm, Grass Valley, U.S.

P AR I V R T T A A R D H A C H A N D RA S A N A , Sasha V R I S CHI KAS AN A , Sivananda Centre, Vietnam.

Belousova, Zorba the Buddha, Delhi.
77 FRONTLINE . MAY 27, 2016
HANUMANASANA,
Ayurvedagram,
Bengaluru.

EK A P A D A
S I RS A S A N A ,
Sivananda Yoga
Farm, Grass
Valley, U.S.

EK A P A D A UTTAN A S A N A (variation), Sasha Belousova, Lodhi

Gardens, Delhi.

79 FRONTLINE . MAY 27, 2016

FRONTLINE . MAY 27, 2016 80
S A RV A N G AS AN A ( VA R I A TI ON ) , Sasha Belousova,
Zorba the Buddha, Delhi.

D H A N UR AS AN A , Ayurvedagram,
Bengaluru.

81 FRONTLINE . MAY 27, 2016

ANJA L I MUD R A , Sasha Belousova, Lodhi Gardens, Delhi.
FRONTLINE . MAY 27, 2016 82
 BOOKS in review
Green future
The book explores the possibility of sustainable use of biodiversity and
associated traditional knowledge with economic benefit for the
communities and countries that have conserved them for generations.
BY S . G O P I K R I S H N A W A R R I E R
T HERE is an irony re-
lated to biodiversity
and economics. Communi-
ties that live in close con-
tact with biodiversity-rich
forests are economically
poor, whereas people who
live in biodiversity-poor
urban centres and make
commercial use of the bi-
ological resources are eco-
nomically rich. To stretch
the theory further, biodi-
versity-rich tropical coun-
tries are usually
economically poor, where-
as developed industrialised
countries, which use bio-
logical resources to manu-
facture industrial
products, are rich.
This paradox came into
international focus in the
early 1990s with the sign-
ing of two international
agreements. The first was
the Convention on Biolog-
ical Diversity (CBD), de-
signed and announced at
the United Nations Con-
ference on Environment
and Development held in
Rio de Janeiro in Brazil in
June 1992; the second was
the Trade-Related Aspects
of Intellectual Property
Rights (TRIPS) Agree-
ment, which was part of
the World Trade Organisa-
tion (WTO) Agreement
envisaged in Marrakesh,
Morocco, in 1994.
The CBD was path-
breaking in the sense that
it declared biological diver-
sity and the traditional
knowledge associated with
its use as a sovereign na-
tional property. This
marked a paradigm shift
because until then biolog-
ical diversity was consid-
ered a part of the global
commons. The CBD aimed
at promoting three objec-
tives: conservation of bio-
diversity (and the
associated traditional
knowledge), its sustainable
use, and fair and equitable
sharing of benefits arising
from its use.
The objective of the
TRIPS Agreement, on the
other hand, was to protect
83
Commercial Use
of Biodiversity
Resolving the
Access and
Benefit Sharing
Issues
By Shivendu K.
Srivastava
Sage
Publications
Pages: 344
Price: Rs.995
and enforce intellectual
property rights (IPRs) in
order to promote techno-
logical innovations and en-
sure transfer of technology.
The larger goal of the WTO
agreement was to promote
multilateral trade across
countries.
Since biological diversi-
ty can be the starting point
for much of the research
and commercialisation in
agriculture, pharmaceuti-
cals, biotechnology and
many other sectors, it
comes within the interface
of the two international
agreements. This interface
gets routinely played out in
India, since it is a global
biodiversity major and was
the first country to imple-
ment a Biodiversity Act
and create appropriate in-
tellectual property laws.
The book under review
looks at this interface, its
past history, and future
ways to improve access and
benefit-sharing. The au-
thor, Shivendu K. Srivasta-
va, a retired senior Indian
Forest Service (IFS) offi-
cer, says he intended the
book to be a “toolkit for the
natural resource managers
involved in the business of
biodiversity”.
The main thrust of Sri-
vastava’s narrative is not
on questioning why the
communities and nations
living in biodiversity-rich
areas are poor. That would
have called for a socio-eco-
nomic analysis of the
Marxist kind. He limits his
scope to understanding the
legal systems in operation
internationally and in In-
dia, highlighting case stud-
ies of benefit-sharing
projects and showing how
access and benefit-sharing
can be improved.
It is interesting that an
IFS officer is looking at
these issues in depth be-
cause he brings to the nar-
rative the perspective of a
natural resource manager
and an understanding of
what is practical and pos-
sible. Usually, these think-
FRONTLINE . MAY 27, 2016
throughs are done by aca-
demics or non-govern-
mental organisations
(NGOs), which, despite
their conceptual clarity
and ideological correct-
ness, may not always have
practical applicability.
Of the nine chapters in
the book, only the last
three deal with a plan of
action for the future. What
would have otherwise been
an overkill of historical
contextualisation gets
moderated because of the
complexities of the CBD-
TRIPS interface that the
book helps to clarify. Of
use is a table in chapter 5,
which compares the
TRIPS and the CBD agree-
ments and the Indian Bio-
diversity Act.
The first six chapters
seek to recall what has
happened since the early
1990s when the CBD and
the TRIPS agreements
came into force. It was an
interesting period in Indi-
an environmental history,
since Parliament started
the process of drafting two
pieces of legislation in rela-
tion to these international
agreements—the Biodi-
versity Act of 2002 and the
Protection of Plant Variety
and Farmers Right Act of
2001—and an amendment
to the Patents Act, where
exemptions from product
patents were removed for
all industrial produce.
The successive govern-
ments at the Centre in the
1990s (a period that saw
frequent changes in gov-
ernment) encouraged
public discussions on the
drafting process. The par-
liamentary committees
tasked with drafting the
relevant laws organised
public hearings. Thus,
many of the issues that Sri-
vastava talks about were
discussed threadbare in
FRONTLINE . MAY 27, 2016
the public domain.
A TREK WITH KANIS
There were far more ques-
tions than answers. The
Jawaharlal Nehru Tropi-
cal Botanic Garden and
Research Institute
(JNTBGRI) in Thiruva-
nanthapuram, Kerala, en-
tering into an agreement
with the Kani tribal people
of the Western Ghats was
one of the efforts taken to
work out a benefit-sharing
model with the conservers
of biodiversity and associ-
ated traditional knowl-
edge. Scientists of the
JNTBGRI discovered the
energy-giving qualities of
the fruit of a plant called
“Arogyapacha” (Trichopus
zeylanicus) during their
trek into the forests in 1987
for an ethnobotanical sur-
vey with elders of the Kani
tribe as guides. Even as the
scientists panted as they
climbed the steep slopes,
the tribal elders showed no
signs of fatigue. The reason
for this, they found out,
was “Arogyapacha” fruits
they consumed.
An agreement was
worked out between the
Kanis, the JNTBGRI and a
private company Arya Vai-
dya Pharmacy Ltd (AVP),
to bring this biodiversity
product and the associated
traditional knowledge into
greater public use by de-
veloping a commercial
drug called Jeevani. The
JNTBGRI scientists iden-
tified and isolated 12 active
compounds from the fruit
and filed two patent appli-
cations on the drug.
Discussing this case
study, the author says: “In
order to bargain from the
wonder drug, following
the guidelines of the Coun-
cil for Scientific and Indus-
trial Research (to which
the institute was affiliat-
84
ed), the JNTBGRI licensed
the technology for manu-
facturing Jeevani to AVP,
transferring the right to
manufacturing the drug
vide an agreement signed
in 1996 for a period of sev-
en years. In addition to the
licence fee of one million
rupees, the JNTBGRI was
also to receive royalty of 2
per cent on any future sales
of the drug.”
In turn, the JNTBGRI
reached an agreement
with the Kanis. “These
benefits were accruing
from the TK [traditional
knowledge] held by the
Kani people, and, there-
fore the JNTBGRI decided
to share the benefits with
the Kani community in
general, with substantive
share going to the Kani
guides who provided the
clue that led to the devel-
opment of the drug,”
writes Srivastava. The
JNTBGRI decided to
share half of the licence fee emerged from other places
and future royalties with in the world, too, where
this group of Kanis. A trust benefit-sharing models
fund, with nine Kanis as were worked out. The book
trustees, was established talks about projects in Cos-
in 1997. ta Rica, Suriname, Nigeria,
The benefit-sharing ar- southern Africa and Mo-
rangement, however, went rocco.
through some chaotic Nevertheless, these
phases. The Forest De- projects are the stepping
partment had reservations stones for future develop-
about declaring Arogyapa- ment of access and benefit-
cha a minor forest pro- sharing frameworks which
duce, for fear of its not only promoted sus-
over-exploitation. There tainable use of biodiversity
was a lack of unanimity and associated traditional
among the Kani people knowledge, but also in-
about their understanding creased economic benefit
of the benefit-sharing and for the communities and
the trust arrangement. countries that have con-
Then there were the com- served them for
plexities relating to who generations.
owned the resource and Srivastava writes:
the traditional knowledge “There can be no model
and whether the plant was bio-prospecting arrange-
growing on private or gov- ment as each project
ernment land. would have a different set
Similar issues, confu- of biological resources,
sions and conflicts have each indigenous and local
 The protocol aims to facil-
itate access to genetic re-
sources and share benefits
from their commercial use
with the communities in
an internationally accept-
able manner, which has le-
gal certainty and
transparency.
Interestingly, India
had most of the elements
of the Nagoya Protocol as
part of its Biodiversity Act
of 2002. Thus, it has much
of the framework required
for commercialising bio-
logical diversity and asso-
ciated traditional
knowledge in a sustainable
manner.
Srivastava concludes
with three recommenda-
tions to strengthen benefit
sharing. He says that there
is a need to develop a cadre
of professionals with sci-

S. MAHINSHA
entific and legal expertise
to facilitate access and
benefit sharing. Each of
the stages of developing a
A KANI E L D E R harvesting Arogyapacha from the Kottoor forests in Kerala. An benefit-sharing project has
agreement was worked out between the Kanis, the JNTBGRI and a private company to to be gone through with ut-
bring this biodiversity product and the associated traditional knowledge into greater most care, since there is no
public use by developing a commercial drug called Jeevani. one-size-fits-all solution.
The biodiversity-rich
community may have a dif- and countries that had that national and local countries should continue
ferent cultural tradition conserved biodiversity and laws have to be strength- to work towards making
and even the local laws associated traditional ened and all the stakehold- TRIPS more amenable to
may be varying according knowledge for generations ers must be involved in the benefit sharing through
to its own social goals and may themselves become process. the international negotia-
priorities. … Even the very over-exploiters of the re- The earlier models of tions mechanism.
initiation of a project may source for commercial use. benefit sharing were Srivastava’s conclu-
be the catalytic effect from “Here comes the role of worked out at a time when sions and recommenda-
different institutions—so- the mechanism of benefit there were no national tions may not be the last
metimes by a government sharing, and this mecha- laws on access and benefit word on the subject as it is
institution, at times by an nism will be more robust if sharing. Now, several constantly evolving. But,
international environment the benefits drawn are countries are in the proc- his effort to comprehen-
organisation, or in some enough to sustain a partic- ess of putting these sively include in the book
cases it may be initiated by ular habitat of the biodi- together. all aspects of access and
a small company, and not versity…. Quite naturally, benefit sharing will cer-
necessarily by an indige- in order to draw adequate THE NAGOYA tainly enable managers,
nous and local community benefits that are propor- PROTOCOL researchers, activists and
or an active NGO.” tionate to the value of the Also, the Nagoya Protocol representatives of the in-
Despite these limita- resource, the source coun- on Access and Benefit digenous community to
tions, efforts have to be tries have got to have a re- Sharing, an offshoot of the negotiate better deals in
made to continuously look on how to bargain CBD, came into force in the future. 첸
strengthen benefit-shar- maximum from the re- October 2014, mandating S. Gopikrishna Warrier is
ing mechanisms. Other- source-user countries,” the countries to enact laws to an environment journalist
wise, those communities author says. This means protect these elements. and blogger.

85 FRONTLINE . MAY 27, 2016

 BOOKS in review
New facets of
the Mughals
The book frees Mughal history of preconceived
notions and carefully brings out the strands of
pluralism that helped weave the Mughal fabric.
BY Z I Y A U S S A L A M
A BOUT four years ago,
the historian William
Dalrymple surprised many
book lovers with a fine
study of painting and liter-
ature during the Mughal
age. Students of history
knew well the miniature
works done during the
time of the Mughal ruler
Jahangir and, indeed, had
more than a passing fancy
for the pietra dura tech-
nique of that period. Yet,
when Dalrymple claimed
that there was a flowering
of art and culture after the
decline of the Great Mugh-
als with the death of Au-
rangzeb in 1707, more than
a few eyebrows were
raised.
But Dalrymple persua-
sively sought to prove in
Princes and Painters in
Mughal Delhi, a book he
co-edited with Yuthika
Sharma, that the political
decline of the Mughals did
not necessarily mean a de-
cline in the world of pen
and brush. Yes, Mughal ar-
chitecture suffered as the
state was no longer in a po-
sition to finance lofty mon-
uments, but the loss of
architecture was the gain
of the arts: Urdu flour-
FRONTLINE . MAY 27, 2016
ished, poetry reigned su-
preme and, in the world of
painting, Ghulam Ali
Khan’s brush was said to
equal Ghalib’s pen. Ghu-
lam Ali Khan was in the
limelight during the reign
of Mohammed Shah
‘Rangeela’ (grandson of
Bahadur Shah I), other-
wise dismissed as a no-
hoper by some historians
for his political inadequa-
cies. However, it was dur-
ing Rangeela’s reign that
artists who had moved to
Sikh and Rajput courts
came back to the Mughal
court. And yes, the last of
the Great Mughals, Au-
86
Culture of
Encounters
Sanskrit at the
Mughal Court
By Audrey
Truschke
Penguin Books
Pages: 364
Price: Rs.699
rangzeb, was a pragmatic
ruler who patronised Hin-
du institutions. He employ-
ed more Hindus in his
imperial administration
than any of his predeces-
sors did. So, Princes and
Painters in Mughal Delhi,
replete with photographs,
was a step in the right
direction.
Audrey Truschke’s Cul-
ture of Encounters: San-
skrit at the Mughal Court is
several steps forward. It
comes at a time when ef-
forts are being made to se-
lectively wipe out traces of
India’s composite heritage.
It is not a book that has
come too soon. Well re-
searched, persuasively ar-
gued and patiently
explained, the book fills a
vacuum that one did not
know even existed. After
all, Dara Shukoh’s (Shah
Jahan’s eldest son) fascina-
tion for the Upanishads
and the Bhagvad Gita is
well known. One has even
heard of Akbar’s Sulhi Kul
(policy of religious recon-
ciliation). His court is
known for the navratna
(nine gems), the nine cour-
tiers of extraordinary tal-
ent assembled
independent of their reli-
gion or caste. Yet, nobody
had thought it fit to study
Sanskrit at the Mughal
court. After all, the empire
was all about Turkish and
Persian. But the Mughals
were shrewd masters; they
understood the local pulse
better than the local people
themselves. Hence, the use
and encouragement of
Sanskrit was not just inevi-
table but natural.
With this painstaking
work, Audrey Truschke al-
so buries for good all preju-
diced arguments that the
Mughals were invaders
who killed for pleasure,
looted out of habit, demol-
ished temples and indeed
wiped out all vestiges of lo-
cal culture with impunity.
The picture that was pre-
sented was often jarring,
almost always provocative.
The author, an assist-
ant professor of South
Asian History at Rutgers
University, Newark, Unit-
ed States, seeks to redress
the balance admirably. In
the past, history has often
been a prisoner of stereo-
types: Akbar was a model
of excellence; Jahangir and
Shah Jahan were able suc-
cessors during whose time
art and architecture flo-
wered; Aurangzeb was the
much-despised tyrant who
converted Hindus under
fear.
Audrey Truschke frees
history of preconceived
notions with a work that
unfurls so gently and de-
ceptively that you could be
forgiven for initially be-
lieving that she has little
new to say. It is when you
are halfway through the
book that you realise that
the author has been hand-
holding you, leading you
through paths that you did
not know had even existed.
In terms of interpretation
of history, it is a laudable
intervention, one that,
hopefully, will fuel greater
research into the strands of
pluralism that helped
weave the Mughal fabric.
In the preface and ac-
knowledgements, the au-
thor tells us what to
expect:
“…For roughly one
hundred years the Mughal
elite poured immense en-
ergy into drawing Sanskrit
thinkers to their courts,
adopting and adapting
Sanskrit-based practices,
translating dozens of San-
skrit texts into Persian,
and composing Persian ac-
counts of Indian philoso-
phy. Both Persian- and
Sanskrit-medium authors
blazed new paths with
their respective literary
cultures in response to this
imperial agenda. When all
was said and done, Mugh-
al-Sanskrit engagements
constituted one of the most
extensive cross-cultural
encounters in precolonial
world history, rivalled by
the likes of the Abbasid en-
gagement with Greek
thought in the eighth to
tenth centuries and Chi-
nese translations of Budd-
P O RT RA I T S O F Akbar and Jahangir. Having inherited the master imperial copy of
Akbar’s “Ramayana”, Jahangir called the book “beyond comprehension”.
hist Sanskrit materials
during the first millenni-
um C.E.”
AKBAR’S
TRANSLATION
The Mughal rulers’ en-
gagement with Sanskrit
was not free of surprises.
For instance, the Akbari
translation of the Sanskrit
Ramayana, which was
never published. In this,
Akbar idealised Rama as
the model Indian mon-
arch. Importantly, the
book suggested that Akbar
was an avatar of Vishnu,
just like Rama. It was an
attempt at fusion of state
and belief, yet at the same
time a radical departure
from the established prac-
tice of the age when the
emperor’s faith used to be
the faith of the common
man.
There is another anec-
dote relating to the Ra-
mayana. Badauni, the
historian in the Mughal
court, otherwise much
lauded in history books, re-
fused to write the intro-
duction to the translation.
87
His apprehension proba-
bly stemmed from his
faith. Ironically, he had
translated several Sanskrit
texts into Persian at Ak-
bar’s command. Badauni,
taken by surprise at the
Emperor’s decision to have
the introduction or preface
by him, wrote: “(Akbar) or-
dered me to also write a
preface (to the Ramaya-
na) in the style of the au-
thors. Because I found
little benefit and also had
to write the khutbah with-
out praise of the Prophet, I
desisted. I seek refuge in
God from that black book,
which is so rotten as the
book of my life.”
Badauni’s refusal to
pen the introduction had
to do with the politics at
the court. The emperor
was seen as a liberal adher-
ent to Islam while Badauni
was more of a hardliner.
And, as Audrey Truschke
writes, in the past he had
been upbraided by the em-
peror for interpolating Is-
lamic theology into the
Mahabharata. The au-
thor’s narration is insight-
ful and thought-provoking
and what she says between
the lines completes the pic-
ture. For instance, without
seeming to compare the at-
titude of Akbar and Jahan-
gir, she reveals Jahangir’s
less-than-wholehearted
appreciation of the local
culture. Yet, at the same
time, she shows the differ-
ence in the approach to
stories in Persia and India.
Having inherited the mas-
ter imperial copy of Ak-
bar’s Ramayana after
ascending the throne, Ja-
hangir calls the book be-
yond comprehension.
“This book, the Ra-
mayana, is one of the cele-
brated books of the
ancients of India. My fa-
ther ordered it translated
into Persian. It contains
strange and incredible sto-
ries that are truly incom-
prehensible to the
intellect.” As for the two
styles of narration, Jahan-
gir’s sense of amazement
and wonderment at the
book probably arose out of
his Persian perspective
and the presence of talking
FRONTLINE . MAY 27, 2016

TANS E N A N D A K B A R (in disguise) visit Swami Haridas in Brindavan. Akbar
considered himself to be the ruler of all, not just Muslims.
animals in the epic. Inter-
estingly, the stories that
come to light go beyond
the Ramayana and the
Mahabharata. For in-
stance, we have Abu al-
Fazl relating the story of
Siva’s wife who sacrificed
herself as a mark of protest
against the disrespect
shown to her husband at
her father Daksha’s sacri-
ficial ceremony and was
subsequently dismem-
bered and scattered across
the subcontinent. Even
more intriguing is the
Mughals’ relationship with
Kashmir. Here, the author
lets Abu al-Fazl do the
talking as she seeks to find
parallels between Zayn al-
Abidin, the Kashmir king,
and Akbar. “Abu al-Fazl
offers an approbative ac-
count of Zayn al-Abidin (r.
1420-1470), describing
him in markedly similar
terms to how Akbar is
praised in Sanskrit texts
from the late sixteenth
century. For example Abu
al-Fazl acclaims the Kash-
miri ruler’s compassion in
cancelling the taxes on
non-Muslims and forbid-
ding cow slaughter. He al-
FRONTLINE . MAY 27, 2016
so celebrates that Zayn
al-Abidin refused to eat
meat [and] dissuaded
men from hunting, senti-
ments that Akbar also ex-
pressed (at least in
moderation).”
NEW FACETS
Step by step, Audrey
Truschke reveals new fac-
ets of the Mughals. They
were great patrons of art
and culture. They were the
votaries of Perso-Arabic
traditions. Akbar consid-
ered himself to be the ruler
of all, not just Muslims.
But there was much more
to them. They were not in-
fidel-slaying, angry mon-
archs who lived in a social
vacuum. They were politi-
cally savvy kings who were
open to beliefs, customs
and traditions beyond
their own. Hitherto, most
historians had concentrat-
ed on tapping into the Per-
so-Arabic reservoir, the
Sanskrit treasure was
delved into for the purpose
of establishing literary re-
naissance during the
Mughal period.
Culture of Encounters
not only uses fresh sources
88
usually produced under
royal support, which fre-
quently offer a purposeful-
ly inaccurate vision of
Mughal culture as limited
to Perso-Arabic traditions.
Additionally, the false no-
tion remains prevalent
that Sanskrit literary de-
velopments unfolded
without reference to politi-
cal events and social
COURTESY : NATIONAL MUSEUM
changes.” Audrey
Truschke is successful in
avoiding their errors, rely-
ing happily on the social
links between the Mughal
elite and Jain and Brah-
man Sanskrit intellectuals
and the series of literary
engagements that they
separately and jointly pro-
of research but also quietly duced. Interestingly, the
tells us that we have not Mughals, once they had es-
been fair to the Mughals in tablished themselves in In-
projecting them in black dia, did not regard
and white. The reality with Sanskrit to be the language
the Mughals, as indeed of the subjects. Rather they
with other things in life, lay saw in the language the key
in shades of grey. They got to understanding India’s
the Hindu scriptures socio-literary traditions.
translated into Persian, They expended considera-
they got books on the Hin- ble energy into “incorpo-
du thought processes rating Sanskrit
translated, too. And they intellectuals, stories, and
did get many other books knowledge systems into
of every use, like texts on their court culture”.
medicine or law translated Dalrymple. Yuthika
as well. But their contribu- Sharma. Now Audrey
tion was bigger than the Truschke. More and more
sum of the parts. They em- authors are taking a fresh
braced a way of life, a way look at the Mughals. Just
of thought that was re- as the political elite seeks
markably different from to unravel the contiguities
theirs. They did not so of the past, we must ear-
much as acquiesce as assi- nestly strive to bring to the
milate. The author puts it common man’s domain
aptly: “Scholars have long the joys of a shared past,
ignored the very existence, the age when Persian and
not to mention the politi- Sanskrit were used simul-
cal ramifications, of con- taneously in the court of
nections between the the same emperor. While
imperial Mughal court and the narrative flows
Sanskrit intellectuals, smoothly, the author does
texts, and knowledge sys- not try to make her point
tems. Many Mughal histo- too loudly. In that under-
rians have relied stated silence lies the
exclusively and uncritical- strength of the book, and a
ly on Persian histories, lesson for our times. 첸
 BOOKS in review
Britain & Arabs
This book is a fair account of the roots of the tragedy
that has overtaken the Arab world. B Y A . G . N O O R A N I
A T a time when the en-
tire Arab world pre-
sents a tragic spectacle of
sheer ravage, it is instruc-
tive to read this erudite
“documentary study” as its
author calls it. Dr Younan
Labib Rizk was Professor
of History at Ain Shams
University in Cairo and a
regular columnist in Al-
Ahram, a highly respected
daily. The book falls into
two parts: one is the au-
thor’s analyses, with full ci-
tation of sources, while the
other contains whole texts
of documents, almost all of
which are published for the
first time. He has consult-
ed, in the archives in Lon-
don, documents of the
Foreign Office, the Coloni-
al Office, the India Office
and the (Second World)
War Cabinet. This should
put New Delhi to shame.
Even the records of the
Simla Conference in 1914,
in which British India, Chi-
na and Tibet participated,
are kept under lock and
key, including the papers
on the India-Tibet accord
on the McMahon Line.
PERFIDIOUS BRITON
The book fully establishes
the truth of Shakespeare’s
taunt on le perfide Al-
bion—the perfidious Brit-
on. At Mansion House in
London, Foreign Secretary
Anthony Eden, who spoke
Arabic fluently, declared
on May 29, 1941, that Bri-
tain should adopt a posi-
tive view on Arab unity.
Ironically, he ruined his ca-
reer a decade later in a fool-
ish attempt to bring down
the most articulate cham-
pion of Arab unity in the
last century, Gamal Abdel
Nasser.
The author writes:
“British documents reveal
that in the four years in-
tervening between Eden’s
declaration at Mansion
House and the establish-
ment of the Arab League,
the British did their best to
obstruct efforts to forge
Arab unity. They used all
possible methods at their
disposal, from issuing
warnings to Arab govern-
ments, to actually threat-
ening them, to attempting
to actively incite conflict
between them. Finally, it
worked arduously to con-
fine efforts towards Arab
unity to the cultural and
economic domains.… This
overwhelming reliance on
89
Britain and
Arab Unity
A Documentary
History from the
Treaty of Versailles
to the End of World
War II
By Younan Labib
Rizk
I.B. Tauris
Pages: 261
Price: £25
British official documents,
and the minute details they
contain, helped bring the
full picture of Britain’s atti-
tude towards Arab unity to
light.”
Dr Rizk sheds much
light on Britain’s parallel
moves on behalf of the
Zionists, which culminated
in the famous Balfour Dec-
laration of 1917 promising
“a national home for the
Jewish people”. Included in
the volume are the texts of
the secret Sykes-Picot
Agreement, the “Arrange-
ment of May 1916” between
Britain and France on the
division of the territorial
spoils of war in Arab lands
between them after the
First World War. It violat-
ed the solemn pledges
which Britain gave to Emir
Faysal bin al-Husayn to se-
cure Arab support against
the Ottomans during the
war. The Arabs revolted
against the Ottomans and
kept their part of the bar-
gain. Britain reneged.
‘JUDAISATION OF
PALESTINE’
Dr Rizk meticulously re-
cords “the Judaisation of
Palestine”, Arab efforts at
unity and British obstruc-
tion. One of the most re-
vealing documents in the
book is the full text of a
memorandum on “Arab
Unity” prepared by the re-
search department of the
Foreign Office dated June
4, 1943. It traces “the Arab
movement for liberation”
which began in the latter
half of the 19th century. Se-
cret societies were formed
to avert notice by their Ot-
toman overlords. It re-
called that “throughout
negotiations the Sharif
Hussain envisaged a single
Arab State, covering the
whole of that territory of
Western Asia inhabited by
people of Arabic speech,
namely Greater Syria (in-
cluding Palestine and
Transjordan), Iraq and the
Arabian Peninsula.
Throughout the war too
the claim to set up a single
Arab state was maintained,
and in November 1916 the
Sherif was actually ac-
claimed ‘King of the Arab
countries’. This title, how-
ever, was never officially
accorded him, and in Janu-
ary 1917 he was recognised
by the Allies as King of the
Hejaz.”
Abdul-Aziz Al Saud
ousted him in 1926 to be-
come the King of Saudi
Arabia. His descendants
are in a tacit alliance with
Israel now to checkmate
Iran. This book is a fair ac-
count of the roots of the
tragedy that has overtaken
the Arab world. 첸
FRONTLINE . MAY 27, 2016
 HERITAGE

DR THOMAS MATHEW

AN E LE V A T E D view of the Rashtrapati Bhavan.

A peep into the past

Abode under the Dome documents the significant events that the
Rashtrapati Bhavan hosted during the 1950s and 1960s and weaves a
narrative around these events to give readers a glimpse of India’s
emerging diplomatic excellence. B Y A J O Y A S H I R W A D M A H A P R A S H A S T A
FRONTLINE . MAY 27, 2016 90
 IN 1973, Rashtrapati Bhavan of-
ficials received an uncommon re-
quest just ahead of the visit of Leonid
Brezhnev, the general secretary of
the central committee of the Com-
munist Party of the Soviet Union
(CPSU). The Union of Soviet Social-
ist Republics (USSR) had just man-
aged to neutralise the United States’
tilt towards Pakistan, and India,
therefore, viewed Brezhnev’s “friend-
ly-official” visit as a great possibility
to strengthen its relationship with
that country. Brezhnev had visited
India in 1961 as the president of the
CPSU, but this visit as the general
secretary of the party was deemed
much more important because of the
unwavering support the Soviet
Union extended to India during the
Bangladesh war of 1971.
The unusual request was to place
a “Lifebuoy” soap bar in every room.
Lifebuoy was a soap which India
manufactured and made popular
among the masses. It was meant as a
token of respect for India. Although
bewildered, the officials put Life-
buoy soaps, along with other brands
of soap, in each room.
Similarly, Premier Zhou Enlai of
the People’s Republic of China, dur-
ing his visit to India in 1956, specifi-
VIC E PR E S I D E N T S. Radhakrishnan with USSR President Leonid Brezhnev at the Rashtrapati Bhavan in December 1961.
cally asked his staff to let India know
of his preference for Indian coffee
and Indian cigarettes, and also his
aversion to goat meat, curd and
cheese. Abode Under the Dome, au-
thored by Thomas Mathew, Addi-
tional Secretary to the President of
India, is full of such interesting anec-
dotes and documents the visits of
state dignitaries who stayed at Rash-
trapati Bhavan between 1947 and
1967. Brought out by the Publica-
tions Division, the book makes a sig-
nificant contribution to
understanding the building of a new
nation, its values and its glorious tra-
dition of hospitality. The author
stresses that the philosophy of atithi
devo bhava (guest is akin to god) was
taken very seriously by Rashtrapati
Bhavan. The author has culled de-
tails from various sources, including
news reports, archival photos and of-
ficial papers, to create narratives that
give readers a sense of India’s initial
diplomatic history. He does this suc-
cessfully by providing a political con-
text around each world leader’s visit.
THE WONDER THAT WAS INDIA
The photographs and the context
presented in the book go well beyond
the itinerary of every visit and build a
91
diplomatic narrative by highlighting
the great camaraderie India enjoyed
with world leaders soon after it be-
came independent. The stories clear-
ly give the reader the impression that
India intrigued many leaders. They
wanted to know, see and understand
the cultural enigma that was India.
For instance, U.S. President Dwight
D. Eisenhower, during his visit in
1959, said that his desire to visit In-
dia was partly because he was in-
trigued by it. “The evincing of sudden
interest was understandable. Until
Independence, India was a colony,
whose material and human re-
sources could be harnessed at a short
notice and at will, by orders from
London. All this changed and an in-
dependent India could now voice its
own opinion, support and oppose is-
sues, positions and nations. This
freedom exercisable on international
issues was a new dimension that oth-
er powers had to factor in their stra-
tegic calculus. Equally important
was the sustainment of the plural-
istic political system in India, more
so for the unpredictable consequenc-
es its failure could spawn,” writes
Matthew in the introduction.
In this context, a significant part
of the book is devoted to India’s role
PHOTO CELL, RASHTRAPATI BHAVAN
FRONTLINE . MAY 27, 2016
P R E S I D E N T Rajendra Prasad and Queen Elizabeth II arriving for the Republic Day parade on January 26, 1961.

PHOTO CELL, RASHTRAPATI BHAVAN

P R E S I D E N T R A J E N D RA P RA S A D and Yugoslavian President Josip Tito trying their hand at music at the Rashtrapati
Bhavan in December 1954.
FRONTLINE . MAY 27, 2016 92
 PHOTO DIVISION, I&B MINISTRY
P R I M E M I N I S TE R
Jawaharlal Nehru
and the First Deputy
Chairman of the
USSR, Anastas
Mikoyan (right)
enjoying Holi at the
PHOTO CELL, RASHTRAPATI BHAVAN

PHOTO CELL, RASHTRAPATI BHAVAN

Rashtrapati Bhavan
in March 1956.
(Left) Nehru,
Radhakrishnan,
Chinese Premier
Zhou Enlai and
Rajendra Prasad in
June 1954.

and leadership in the Non-Aligned The visits of NAM leaders like Durga Pooja that were fast ap-
Movement (NAM). India after Inde- Gamal Abdel Nasser, the president proaching. Buntings and streamers
pendence asserted its right not to be of the United Arab Republic (now welcoming President Nasser added
part of the Cold War dynamics. At two different nations, Egypt and Sy- more colour to an already festooned
one level, it refused to be an ally of ria), and Josip Broz Tito, the Yugos- city and even Parliament Street
either of the superpowers, at another lavian President, and Ghana’s which [is] not normally decorated
level it drew strategic support from Kwame Nkrumah, therefore, be- had a paper arch of flowers.”
both to chart its own neutral path of came extremely important. These
development. As a result, world lead- leaders were welcomed with great DIPLOMATIC INITIATIVES
ers were intrigued at the confidence pomp and show that later became a In a similar vein, the book delves
that India showed. India’s first Prime normal practice whenever any world deep into India’s initial efforts to find
Minister, Jawaharlal Nehru, owing leader stayed at the Rashtrapati Bha- peace with aggressive nations like
to his extensive knowledge of history van. Matthew writes about Nasser’s Pakistan and China. The six visits by
and politics and a genuine interest in visit thus: “After the welcome cere- Pakistan’s Presidents and Prime
pure sciences, commanded respect mony, President Nasser drove to Ministers and four visits by Zhou En-
like no other Asian leader did. His Rashtrapati Bhavan in the Indian lai provide an astute understanding
efforts to form a formidable front in President’s Mercedes Benz. The 10- of the diplomatic initiatives India
NAM by uniting developing nations, mile drive afforded President Nasser made. It was Defence Minister V.K.
which had a history of colonialism, a view of the enthusiastic crowds that Krishna Menon who extended an in-
drew praises from not just within but had lined the streets. They waved pa- vitation to the Chinese Premier dur-
also outside the country. His states- per flags and cheered as the motor- ing the Geneva Conference of 1954,
manship, impartiality and judicious- cade drove past, adding to the joyous which was held to bring an end to the
ness were unquestionable even when mood of the city that was in the grip Korean War. Zhou Enlai accepted
world leaders differed with his opin- of excited anticipation of the two im- the invitation, but his visit was kept a
ions. portant festivals of Dussehra and secret until he arrived. Nehru post-

93 FRONTLINE . MAY 27, 2016

 Recording events for posterity
Interview with Thomas Matthew, Additional Secretary to the President.
BY A J O Y A S H I R W A D M A H A P R A S H A S T A
DR Thomas Matthew,
Additional Secretary to
the President, is a man
of many interests. Apart
from being a prolific
commentator on na-
tional and international
issues, he is an accom-
plished photographer
and an enthusiastic
birdwatcher. The enthu-
siasm with which he
talks about Rashtrapati Bhavan and
its characteristics reflects his strong
passion for India’s syncretic culture
and heritage. His published works
include In Search of Congruence:
Perspectives on India-U.S. Rela-
tions under the Obama Adminis-
tration, Development of Nuclear
Energy Sector in India, and Winged
Wonders of Rashtrapati Bhavan,
the most comprehensive documen-
tation on the birds at the presiden-
tial residence. In this interview with
Frontline, he speaks about his latest
book, Abode Under the Dome, and
explains what inspired him to write
it and the efforts he and his team
had to make in the process.
Excerpts:
What prompted you to write this
book?
The honourable President is a
historian who likes to record things
for posterity. After he became Presi-
dent, he wanted to record the histo-
ry of Rashtrapati Bhavan, how it has
been at the centre stage of interna-
tional diplomacy as far as India is
concerned. Until about 1975, all the
visiting world leaders stayed in
Rashtrapati Bhavan. It was a matter
of prestige for them to stay in Rash-
trapati Bhavan. We looked at some
documents which were here with us
and then stitched the story around
it. If you see the bibliography, it in-
cludes 10-20 newspapers. We
FRONTLINE . MAY 27, 2016
looked at banquet
speeches, declassified
documents of the Unit-
ed States, autobiogra-
phies and biographies.
A new nation, the
second most populous
country, had broken
free from the colonial
yoke; India interested
PTI
the world. The West did
not know on which side
the huge human resources and great
natural resources would be. India,
under the leadership of Prime Min-
ister [Jawaharlal] Nehru, became a
powerful voice in international di-
plomacy. The New York Times
called us the hotspot of diplomacy.
The idea was to befriend India
because it was a great democracy.
People were astounded by the mys-
ticism of the country, the pluralism
of India, and what the future held
for the country. In that context, we
have tried to document as much as
possible the views of foreign leaders,
what they saw in the country, and
how they would help it build its
democratic traditions. People were
curious about the future of this
country. For instance, the AIIMS
[All India Institute of Medical Sci-
ences] was constructed with the
help of the New Zealand govern-
ment. Canadian Prime Minister
94
John Diefenbaker ensured that In-
dia got nuclear technology.
Similarly, the Indo-Soviet
friendship treaty was extremely cru-
cial for India’s political crisis with
Bangladesh because of the millions
of refugees who had migrated to In-
dia. The Soviet government helped
India a lot in managing the crisis.
The Western nations also helped In-
dia, but from the records available I
found that the kind of assistance the
Western nations gave India was not
as much as what the USSR gave.
Soviet President [Leonid]
Brezhnev came at very crucial phas-
es of Indian history. He came as the
President and when he was the par-
ty secretary and also when he was
holding both positions. We created
the conditions that made all of them
feel at home. That is the Indian tra-
ditional concept—atithi devo bha-
va. That is why we call the book
Abode Under the Dome.
The book comes across as a visual
history of international diplomacy
from 1947 to 1967. Was it meant to
convey a certain message about
India’s initial political history?
India had to become a major
player in the Non-Aligned Move-
ment. There was an intense desire of
both superpowers, the U.S. and the
USSR, to get India into their respec-
tive camps. India chose to steer clear
of the Cold War mechanisms and
follow its own foreign policy to en-
sure its own enlightened interests.
Josip Tito and Gamal Abdel Nasser
played a very dominant role, along
with India, to chart out its own dip-
lomatic path. We have tried to docu-
ment that period and its rich
history.
Tito came here many times. Ev-
ery visit has its own interesting fea-
tures. For instance, the first time he
came in a yacht called the Ghalib,

PHOTO CELL, RASHTRAPATI BHAVAN
P R E S I D E N T Rajendra Prasad with U.S. Vice President Richard Nixon (right)
and Patricia Nixon in the Mughal Gardens at the Rashtrapati Bhavan in
December 1953.
which means seagull. He came to
Bombay and was received by our
staff. From Bombay to Delhi he
took a train. They say it was the
most well-appointed train ever. It
had its own theatre and many oth-
er facilities. I have quoted The
New York Times, which said that
although Maharashtra was a dry
State, a special permit to serve al-
cohol in the train was given. Then
the cutlery and crockery were spe-
cially imported from London. The
railways handpicked about 40
trained personnel for Tito’s hospi-
tality.
He was one of the most impor-
tant leaders of the NAM, so was
Nasser. I brought out an instance
of how highly influenced Nasser
was by Nehru in a meeting on the
Nile river.
The book also extensively
highlights the visits of Pakistani
leaders. At a time when India-
Pakistan relations are not at their
best, the book becomes
important.
I cannot comment on the con-
temporary relations, but histor-
ically I find that there was a desire
on the part of the leaders of both
countries to settle their outstand-
ing issues. At least this is what the
records say. It was the personal
friendship of the leaders from
both countries that helped a lot in
making serious attempts to settle
the boundary issues.
The book, in many places, quotes
world leaders praising the
welcome they were given by the
Rashtrapati Bhavan’s staff. Could
you talk a little about that?
I met bearers, butlers and
many other officials who, after re-
tirement, have settled in places
outside Delhi. I was curious about
their sense of duty in the initial
days of an independent nation.
In fact, I have interviewed one
of the persons who opened the
door for Eisenhower. He remem-
bers that Eisenhower put his hand
out to greet him and thanked him
for opening the door. Most of the
guests went back with great me-
mories.
95
poned his customary 10-day trip to
Shimla that was planned during this
time. In a welcoming gesture, India
sent a special aircraft to bring him
and his 15-member entourage to
New Delhi from Geneva. Because of
such attempts, Zhou Enlai told the
Indian press during his fourth visit to
India in 1960: “The Chinese govern-
ment holds that Sino-Indian friend-
ship is of extremely great significance
between the 1,000 million people of
the two countries and to the Asian
and world peace. This friendship
should not be, nor can it be, jeopar-
dised because of the temporary lack
of settlement of the Sino-Indian
boundary question.”
In 1950, when India’s first Presi-
dent, Rajendra Prasad, invited Pa-
kistan’s first Prime Minister, Liaquat
Ali Khan, to stay in Rashtrapati Bha-
van, he readily accepted. His meeting
with Nehru over contentious issues,
especially over Bengal, which was
torn apart by communal clashes,
lasted over two hours. The book
draws upon various documents
which show that there was great op-
timism between the leaders and both
tried to bridge the widening gap after
Partition.
Later, Pakistan’s Prime Minister
Mohammed Ali Bogra and Gover-
nor-General Malik Ghulam Mo-
hammed also visited India. Matthew
writes about the grand civic recep-
tion India gave to Bogra at the Red
Fort in New Delhi: “The entire route
from Rashtrapati Bhavan to the Red
Fort was lined by enthusiastic
crowds that cheered the motorcade
of the leaders as it drove by. At the
venue of the reception, too, the en-
thusiasm to see Bogra was no less. A
sudden drizzle did nothing to damp
the excitement of the 10,000 people,
including ministers and diplomats,
who had gathered at the Red Fort.
“The Pakistani Prime Minister
was demonstrably moved by the
warmth of his welcome and he de-
scribed it as ‘warm, cordial and exu-
berant’. He said, ‘I feel that I am in no
foreign country and I am no stranger
to you’ and that Delhi has ‘given me a
right royal reception and I shall cher-
ish this memory for the whole of my
life’.”
FRONTLINE . MAY 27, 2016

L OR D A N D L A D Y MO U N T B A T T EN and the Maharani and Maharaja Padma Shumsher Jang Bahadur Rana of Nepal
climbing the steps to the Durbar Hall of Government House (now Rashtrapati Bhavan) in March 1948.
The book is not meant to be a
critical appraisal of India’s diplomat-
ic history. It documents the signif-
icant events that the Rashtrapati
Bhavan hosted during the 1950s and
1960s. However, Matthew’s success
lies in the way he weaves a narrative
around these events to give readers a
glimpse of India’s emerging diplo-
matic excellence. His academic
training as a PhD in international
relations helped him do so, he said.
The book presents an eclectic mix of
photographs, stories, events and im-
portant details of the presidential
residence to present a comprehen-
sive picture to readers.
Readers may choose to read it as
a coffee-table book or a document
that tells you about India’s emer-
gence as a global power. In both
ways, it is an entertaining and in-
formative journey.
THROUGH THE PRESIDENTIAL
RESIDENCE
The foregrounding of the 29-room,
three-storey “guest wing” or north-
FRONTLINE . MAY 27, 2016
west wing of the Rashtrapati Bhavan
as witness to these events also pro-
vides a visual history of the early pe-
riod of the Indian political system.
The hospitality the Rashtrapati Bha-
van extended to all its guests embod-
ies the spirit of atithi devo bhava, as
has been noted in the book. The book
tells the readers of the immense ef-
forts on the part of the officials to
arrange for a memorable stay for the
guests.
Matthew got in touch with re-
tired staff of the Rashtrapati Bhavan
to recreate stories around that time.
As a result, the book becomes an im-
portant resource to understand how
India’s founding fathers asserted its
independence in the world and how
the most significant colonial heri-
tage, the Rashtrapati Bhavan, played
an important role in it. Eisenhower,
who stayed in the guest wing in 1959,
said: “Although I have, through
many years, become largely insensi-
tive to the appointments to the quar-
ters where I lay my head, I must
confess I experienced a feeling of
96
PHOTO DIVISION, I&B MINISTRY
amazement in the Rashtrapati
Bhavan.”
At a time when there is a sus-
tained attempt to erase histories
written by the founding fathers of
our nation, the book comes across as
a document of immense value.
Looked at in today’s context, the
book is a must-read to assess the
changes and continuities in Indian
diplomacy.
It is also important to know how
India got the respectability it has in
the world because it chose to remain
outside the Cold War dynamics—a
vision envisaged by Nehru—and
chart its own course as a republic. It
made itself truly independent when
it came to the question of aligning
with nations. Sometimes, it was stra-
tegic, and sometimes it was moral. In
all these tactical moves, India show-
cased its pluralistic and syncretic
character, an aspect that intrigued
all the world leaders. Finally, the
book is about the warmth and com-
passion that India showed to the
world. 첸
 URBAN ISSUES

Killer lifeline
The alarming rise in the number of accidental deaths on Mumbai’s
suburban railway network points to the urgent need for remedial
measures. B Y A N U P A M A K A T A K A M

IT is 5 p.m. on a weekday at
Mumbai’s Churchgate station. The
rush hour is beginning and every
inch of free space on the four plat-
forms is filling up fast. By 5:30 p.m. it
is a sea of office-goers waiting to
catch their regular train home. As
each train approaches, a crush of
people race to enter the coaches.
Somehow, there appears to be a
method in the madness because
thousands of people eventually man-
age to find, if not a seat, at least a
foothold in the compartments. It is
not any better in the morning, say
commuters. Peak hours begin as
early as 7 a.m. for commuters to re-
ach Mumbai’s business district or
government offices by 9 a.m. Each
day is a struggle, but there are few
alternatives.
For lakhs of regular commuters
this is a daily routine. Twice a day
they push their way into crammed
trains, travel long distances to work-
places, spending an average of four
hours commuting. Mumbai’s subur-
ban rail lines form a well-oiled sys-
tem that transports a staggering 75
lakh people to various destinations
every day. Unfortunately, the burge-
oning city and its rapidly growing
population are putting the local rail-
way network under huge pressure
and it is now struggling to cope with
the massive overcrowding.
VIVEK BENDRE

A dreadful consequence of the

overcrowding and poor infrastruc-
ture has been the alarming rate of
accidents and deaths on the tracks.
Mumbai’s suburban railway network C O M M U T ERS trying to board an overcrowded train at the Borivali
records an average of nine deaths on station in Mumbai.
97 FRONTLINE . MAY 27, 2016
the tracks every day. The injuries sus-
tained are innumerable. According
to figures released by the Govern-
ment Railway Police (GRP), there
were 3,305 accidental deaths in
2015; the figure was 3,429 in 2014.
For the January-March period this
year, the GRP reported 694 deaths.
According to the railway police,
Mumbai records the highest number
of deaths across the world’s metro-
politan cities that have a public rail
transport system. Some 60 per cent
of the deaths reportedly happen be-
cause of trespassing. The rest are ow-
ing to falls from trains, suicides or
natural causes. The statistics show
that in 2015, 846 people died after
falling off trains or slipping through
the gap between the train and the
platform, which typically happens
when coaches are overcrowded.
It took the case of 21-year-old
Bhavesh Nakate, who slipped from a
footboard and was crushed to death
under the tracks in November 2015,
for the authorities and even the com-
muting population to rise out of their
inertia and address the issue. Na-
kate’s death is no different from the
many reported daily. He jumped on
to a moving train and held on to a
pole at the entrance of a compart-
ment that is meant as a support for
standing commuters. As the train
gathered speed, Nakate lost his bal-
ance and fell. In his case, however,
the tragic incident was caught on a
mobile phone by another commuter.
The clip went viral and the outrage
grew. Eventually, the Railway Minis-
try took cognisance of the case and
the issue of accidental deaths and
began to implement remedial
measures.
“The problem is that at rush hour
all trains are crowded. We heard
about Nakate’s case but every day
people put their lives at risk. He was
unlucky. How much earlier does one
come to manage a seat or standing
space? Commuting to office is a
nightmare,” said Rihan Majumdar, a
banker who travels about 25 kilo-
metres from the Andheri neighbour-
hood in the west to the business
district of Nariman Point five days a
week. “I do not step out of my area
during the weekends or go near a
FRONTLINE . MAY 27, 2016
train because it is so tough during the
week,” he added.
“The accidental deaths are a
grave problem which has to be ad-
dressed on a war footing,” said Sub-
ash Gupta, a member of the
Divisional Railway Users’ Consulta-
tive Committee (DRUCC) of the
Central Railways in Mumbai. The
DRUCC looks after commuter issues
and liaisons between passengers and
the Railways. “Sometimes the inju-
ries are so severe that it is sad to see
them live in such an unfortunate
state. For instance, a young boy los-
ing both arms or both legs. What
kind of life is that? ” he said.
According to Gupta, until quite
recently the Railways did not consid-
er it their duty to look after commu-
ter safety, believing that their job was
to run the trains and work the lines.
However, ever since the media began
to highlight the issue of accidents
and poor infrastructure, the Railway
Ministry has been specifically look-
ing at Mumbai’s suburban railway
problems and attempting to find so-
lutions to problematic areas, he said.
Owing to the increase in acci-
dents, several public interest litiga-
tion (PIL) petitions have been filed in
the Bombay High Court. Last No-
vember, while delivering the judg-
ment on a case where a man lost both
legs, the court took serious note of and documented the history of the
the deaths and said: “[In] no other Railways, said: “When 7.5 million in-
country would so many deaths not be disciplined commuters travel every
taken seriously, in India we just sit single day on Mumbai's open-door
on the sidelines and watch on.” trains along unfenced lines, 10 dying
The court also said: “There is daily is a low figure given the sheer
complete lack of vision and planning number. Many fall off, some cross
on the part of the Railways. The sit- tracks, others climb on to the rooftop
uation of overcrowding in the local and what not. At about 11 paise per
trains has gone out of control.” It kilometre, it is the cheapest mode of
lamented that none of the authorities public transit in the world. The real-
concerned were taking the issue seri- ity is that Mumbai’s railway system
ously and that these deaths would has become saturated. The popula-
continue to occur unless the Rail- tion kept growing, but the rail tracks
ways and the state took immediate did not. The local governments failed
steps to rectify the situation. “People to see this and never built any al-
are dying on the trains and the tracks ternative options like a sturdy metro
daily and the authorities cannot con- system. Everyone that has to com-
tinue to keep their eyes shut. If you mute a significant length in this city
act now and succeed in saving even falls back on trains.”
just one such life, your actions will “Of course it is a tragic and real
make a large difference.” problem,” said Ravinder Bhakar, the
Rajendra B. Aklekar, who has chief public relations officer of West-
written extensively on the Railways ern Railway. “As the demand in-
98

WOM EN commuters struggle with the pressures of crowded trains in Mumbai.
creases, we are working on fast
expansion and improving safety fea-
tures.” Bhakar said 60 per cent of the
deaths were because of trespassing,
irresponsible crossing of tracks
—some times people have ear plugs
on and cannot hear the trains co-
ming—not using the foot overbridge
and, in general, the lack of boundary
walls at some critical areas. He said
80-90 per cent of those who died
were male commuters between 25
and 35, the agile ones risking life and
limb by jumping on to moving trains
or hanging on to footboards.
Capacity enhancement has been
given priority, Bhakar said. The Rail-
ways are introducing many more 15-
car trains. Work on two lines in addi-
tion to the existing four lines has
begun. With large numbers of com-
muters residing in northern suburbs
PTI
such as Virar, track distances are also
being increased. Furthermore, plat-
form heights have been and will be
increased. This is expected to solve
the problem of people slipping
through the gaps. Awareness cam-
paigns have been launched and will
be stepped up on how to be more
careful while travelling, he said.
“The reality is that Mumbai is an
island. It does not have the land to
help the Railways expand. Besides,
we face restrictions on the acquisi-
tion of land all the time. This stalls
work and we run behind on projects,”
Bhakar said.
The Mumbai Railway Vikas Cor-
poration (MRVC) is responsible for
executing projects under the Mum-
bai Urban Transport Project
(MUTP) sanctioned by the Ministry
of Railways. This includes Mumbai’s
99
suburban railways. Speaking to
Frontline on the challenges and the
plans in place, MRVC Chairman
Prabhat Sahai said: “With few alter-
natives available in the city, all the
pressure is on the Railways. We need
to find another solution in an all-
weather transport system.”
Sahai said the MRVC had been
working on the issue of accidental
deaths and trespassing for a few
years now but the increasing load on
the trains made every solution that
much harder. In July 2012, a study
on trespassing on railway tracks,
done by the JJ School of Architecture
and commissioned by the MRVC,
found that the main reasons for tres-
passing were that the platforms were
too narrow and commuters pre-
ferred to cross the tracks rather than
climb the foot overbridges, which
were in insufficient numbers at sta-
tions. Senior citizens and physically
challenged people find it hard to use
platforms that have no ramps or
climb the foot overbridges to reach
the next platform.
The study said that human settle-
ments along the tracks, small-time
vendors on trains who often criss-
crossed tracks to catch trains, people
who did not buy tickets and ragpick-
ers added to the trespassing woes.
Additionally, the inadequate height
of the fencing between tracks en-
couraged people to jump from the
platform to the track and climb the
fencing to reach the next platform,
thus leading to serious trespassing.
In conclusion, it said that im-
proving some of the amenities, such
as the foot overbridges which were
narrow and crowded, along with
raising the height of boundary walls,
using RCC to build them, and in-
creasing the railings, would make
movement on platforms smoother
and lead to less trespassing.
Further, Sahai said, the MUTP,
which began in the mid-1990s, had
gone into the MUTP-II A and B
phases, and had largely improved the
local suburban railway network. This
included conversion from direct cur-
rent to alternating current, procure-
ment of rolling stock, measures to
control trespassing, and adding fifth
and sixth lines between Kurla and
FRONTLINE . MAY 27, 2016

Chhatrapati Shivaji Terminus (CST).
MUTP-II A is expected to be com-
pleted by December 2016 and in-
crease the passenger capacity by 35
per cent. MUTP-II B will add anoth-
er 20-25 per cent capacity by 2019.
The MRVC has toyed with the
idea of introducing automatic clos-
ing doors in coaches and reducing
the seating space to create more
standing room. Additionally, there
has been a move by the State govern-
ment to stagger office timings or give
a 10-30 minute leeway past the offi-
cial time to bring down the peak hour
rush. The GRP, which has instituted
ambulances at every station and en-
hanced the level of emergency care,
recently asked the Railways to
amend their policies and take acci-
dent victims to hospital without issu-
ing a memo.
MUMBAI’S LIFELINE
Mumbai’s local railway network,
called the city’s lifeline, has four arte-
rial lines, the Western, Central, Har-
bour and Trans-Harbour lines.
Spread over 319 route kilometres via
approximately 116 stations, the local
railways operate 2,800 services a day
from 4 a.m. to 2 a.m.
The suburban railway lines are
fed by a complex network of buses,
which make the two dependent on
FRONTLINE . MAY 27, 2016
each other. Buses and taxis are an
alternative form of commuting but
cannot cope with the numbers or dis-
tances that the railways can. Local
people may complain but agree that
it is the most efficient, dependable
and economical mode of transporta-
tion available to them. In fact, if the
trains stop, the city comes to a grind-
ing halt.
“Nothing can beat the efficiency
of the Bombay locals,” said Prakash
Mhatre, a railway employee who has
travelled on the Virar fast for close to
25 years. “But I retire in a few months
and I will be glad to see the last of my
commuting days. It is time to go back
to the village. Enough of Bombay’s
madness.”
“In 2002, when I began work, it
was not so difficult,” said Mahendra
Jadav, a bank clerk who travels from
Virar to Churchgate. “Now getting in
is difficult and getting out even har-
der!” Jadav says the frequency of
trains reduces from Borivali to Virar.
Therefore, that line is always crowd-
ed. “I have seen many fall off the
train. Fortunately, none of them lost
their lives. But it has become very
dangerous.”
Jadav also said that since resi-
dential accommodation was afforda-
ble in the northern suburbs, a large
chunk of people live there and travel
100
P R OTE S TE R S
block the tracks
after a student was
run over by a local
train near CST
station in Mumbai
on February 16.
PTI
to the island city for work. The local
train, while being the most efficient
and inexpensive way to get around, is
also the only mode of transport for
long-distance commutes. Buses do
not ply and would take too long even
if they did. Adding to the problem are
the industries that have come up in
Virar. People need to commute
northwards as well and again it is
only the trains that can help them.
Mumbai’s suburban railway net-
work traces its roots to the beginning
of railways in India. Aklekar, in his
book Halt Station India, says: “In-
dia’s first train ran in 1853 from Bori
Bunder in the southern tip of the
vertical island of Bombay—stretch-
ing 34 km northwards—to the town
of Thana.” A decade later, another
line began on the western side of the
island. This came from Surat all the
way down to Colaba (which was later
discontinued and Churchgate be-
came the last station). Eventually, as
the city grew into a major business
hub, the train became an essential
part of public transport.
From Mumbai’s famous dabba-
walas to the working class, finance
executives, domestic helps, school
and college students, traders and the
fisherfolk, everyone somehow finds a
place or, in today’s world, fights for a
place on the train. 첸
 SOCIAL ISSUES

In the name
of tradition
Discrimination against Dalits thrives in Karnataka as mainstream
political parties continue to frame the issue of Dalits’ entry into temples
or other public spaces in terms of “tradition” and “custom” instead of
basic rights. B Y S A T H I S H G . T . IN HASSAN

ON April 24, as the result of an Vijay Kumar, 36, a journalist and a by two young Vokkaliga men, to the
eight-month-long struggle of the native of the village, narrated the surprise of the Dalits.
Holeya community (a Scheduled events that followed the death of Da- Vijay Kumar told Frontline:
Caste) of Sigaranahalli village in sappa, an aged Dalit, on December “Outraged by the participation of up-
Hassan district, Karnataka, 11, 2001. The 11th day ceremonies, per-caste youths in the ceremony,
Thayamma and her neighbours of which mark a closure to the period of their leaders imposed a fine of
the Dalit “colony” in the village walk- grieving in many communities in In- Rs.250 each on the four Dalits who
ed into the Basaveshwara temple. dia, was conducted in the communi- served food to the two boys. Besides,
For the past eight months, the ty hall that had been constructed a the leaders prohibited Dalits from
Dalits of the village had been de- few months earlier. Following tradi- organising any event in the local
manding entry into the temple and tion, non-vegetarian food was served community hall. A few days later the
the local community hall, which was at the event, which was also attended name of the building was changed.”
built with public funds but named
Vokkaliga Samudaya Bhavan in or-
der to appease members of the upper
caste. “Like Vokkaligas, we were also
born in this village. Basaveshwara is
a local deity for us as he is for them,”
said Thayamma, a former gram pan-
chayat member. She was among the
four Dalit women who bore the
brunt of the upper-caste anger for
daring to visit the temple on August
31, 2015. They were part of a wom-
en’s self-help group (SHG) that vis-
ited the temple after a meeting of the
group. The leaders of the village, who
are from the dominant caste, im-
PRAKASH HASSAN

posed a fine on the SHG and asked it

to pay for the “purification” of the
temple.
This was not the first time Dalits
of this village were forced to pay a
penalty. Their struggle to seek entry T H A Y A M M A and other Dalit women who were fined for entering the
into the community hall, a public Basaveshwara temple in Sigaranahalli narrating the events to Manjula Manasa,
space, dates back to December 2001. president of the Karnataka State Commission for Women, in September 2015.
101 FRONTLINE . MAY 27, 2016
 Sigaranahalli, a village of 330
households, is just two kilometres
away from the native village (Hara-
danahalli) of H.D. Deve Gowda, na-
tional president of the Janata Dal
(Secular) and former Prime Minis-
ter. There are just 30 Holeya families
in this predominantly Vokkaliga vil-
lage. All the Dalits are farmers with
small holdings of less than five acres
(one acre is 0.4 hectare). “All these
years, we remained silent in the face
of the atrocities heaped on us, but
how long should we continue to suf-
fer?” asked Raju, 35, of Sigaranahal-
li. He said: “Since we raised our
voices against the penalty imposed
on our women, we have been sub-
jected to social boycott. Our children
are not given chocolates in the shops
run by upper-caste people. To upper-
caste folk this may appear silly, but
for us the indignities imposed on our
children are a serious matter. Dalits
have to go to the neighbouring villag-
es for their basic needs because of the
boycott.”
The Hassan district administra-
tion has attempted to enforce the
Dalits’ constitutionally guaranteed
rights. It held several meetings on
the issue, and its officials even escort-
ed a few Dalits to the Basaveshwara
temple on September 8, 2015. But
this was met with protests from the
Vokkaligas, who initially stopped
visiting the temple and then con-
ducted rituals to “clean” it in the run-
up to the Durga Parameshwari Jatra
beginning on April 1.
Vijay Kumar and others submit-
ted a memorandum to the district
administration seeking entry into
the temple during the annual fair. As
senior officers reached the village on
April 1 to escort Dalits to the temple,
violence broke out. Several police-
men, the Superintendent of Police
and senior officials of the Revenue
Department suffered injuries.
Arakere village in Arasikere taluk
was also in the news recently for a
similar reason. Dalit families in the
village had, for many years, been
kept out of the Kariyamma temple,
which comes under the State govern-
ment’s Muzrai Department. Kiran
Kumar, 30, who has a postgraduate
degree, and a few of his friends de-
FRONTLINE . MAY 27, 2016
manded that Dalits be taken into the
temple and allowed to participate in
the Kariyamma Jatra, the temple’s
annual fair that was to begin on April
1 this year, like upper-caste people.
Following the request, officials es-
corted Dalits to the temple. Howev-
er, the upper-caste people of the
village cancelled the event to prevent
Dalit participation in it.
“The government’s role is to en-
sure protection of the constitutional-
ly guaranteed rights of the people.
The authorities and people’s repre-
sentatives hardly make an attempt to
ensure this. Instead, in the name of
restoring peace, they only pay atten-
tion to the dominant sections. That is
what happened in Sigaranahalli too,”
said Dharmesh, Hassan district sec-
retary of the Centre of Indian Trade
Unions and a pro-Dalit activist.
The Dalits of Sigaranahalli who
participated in a meeting in Hassan
on April 13 wanted District In-
charge Minister A. Manju and others
to escort them to the Basaveshwara
temple and the community hall, be-
fore taking part in the Ambedkar an-
niversary celebrations, scheduled for
the next day. Neither the Minister
nor the Deputy Commissioner paid
any heed to this plea. “Peace should
prevail in the village first. Taking you
into a temple is not a Herculean task
if there is harmony. We will take you
to the temple once the upper-caste
people are convinced,” the Minister
told the Dalits.
FIRST STEP
He assured them that the issue
would be resolved by April 20. Mem-
ber of the Legislative Council M.A.
Gopalaswamy visited the village and
held talks with people of both com-
munities. As the first step, the name
Vokkaliga Samudaya Bhavan on the
community hall was painted over in
the presence of the police on April
20, and three days later the hall was
given a new name board with the
words “Samudaya Bhavan”, indicat-
ing that it did not belong to any par-
ticular community. Dalits gained
some confidence in the district ad-
ministration because of this. Super-
intendent of Police of Hassan R.K.
Shahapurwad, Assistant Commis-
102
S A T H IS H G . T .
sioner E. Vijaya and others worked
out a plan to resolve the issue by
taking the temple into the custody of
the district administration.
Officials of the Revenue Depart-
ment walked into the temple on the
evening of April 23 and announced
that they were taking the temple into
their custody. They invited five vil-
lage residents, including two Dalits,
for the mahajar, the official process
wherein evidentiary material is col-
lected in the presence of witnesses.
The officials seized the valuables be-
longing to the temple and an-
nounced that the temple would be
open to all from the next day.
Raju, one of the Dalits who was a
witness to the mahajar, said: “We
were told that an official from the
Hariharapur gram panchayat would
keep the doors open between 8 a.m.
and 10 a.m. and from 5 p.m. to 6 p.m.
every day. Anybody can visit the tem-
ple.” The next day around 35 people
from the Dalit colony visited the
temple. The upper castes have since
kept themselves away from the tem-
ple. No one from the Vokkaliga fam-
ilies has visited it.
Disturbingly, the people’s repre-
sentatives from the area have openly
sided with the dominant communi-
ty, which has alienated the Dalits.
“We are being represented by a for-
mer Prime Minister in the Lok Sab-
ha. His son [H.D.] Revanna

DAL IT S A T T H E B A S A V ES H W A RA T EM P LE (above and right) in Sigaranahalli village on April 24.
represents us in the State Assembly.
Both are senior politicians with con-
siderable influence among the Vok-
kaligas,” Vijay Kumar said.
Even as the Dalits entered the
temple on April 24, Deve Gowda said
at a press conference in Hassan that
he was deeply hurt by the develop-
ments in Sigaranahalli. He found
fault with those demanding entry in-
to the temple, the District In-charge
Minister and officials of the district
administration. He did not spare
newspapers that carried reports on
the issue either.
Deve Gowda’s stand on the issue
of Dalits seeking entry into the tem-
ple was known as early as November
3, 2015. Addressing newly elected
gram panchayat members, Deve
Gowda dubbed the Dalits’ demand “a
non-issue”. “There are some customs
in some temples whereby only people
of a particular community are al-
lowed inside. If we go to Tirupati, do
they allow us inside the sanctum
sanctorum? Forget us, even certain
sections of Brahmins are not allowed
to enter the Sringeri temple. Now,
Dalits of Sigaranahalli want to enter
the sanctum sanctorum of the tem-
ple. Should we discuss all these
things?” he asked.
The Dalits, however, say, the is-
sue has never been one of their being
allowed entry into the sanctum sanc-
torum; they want access to the tem-
ple just like everybody else in the
village. “Revanna is an MLA for all
the people in the constituency, but he
has openly sided with the upper
castes on this issue,” alleged
Thayamma.
Twenty-nine people of the upper
caste were sent to judicial custody
after the recent clashes. On April 4,
Revanna and other Janata Dal (Sec-
ular) activists staged a protest in
front of the Deputy Commissioner’s
office in Hassan opposing the ar-
rests. Revanna maintained that a few
people, including Vijay Kumar, were
behind the incidents in the village.
“People of the upper caste and Dalits
have been living in harmony in my
constituency. There were no differ-
ences all these years,” said Revanna.
He alleged that clashes broke out on-
ly after Vijay Kumar submitted a
memorandum to the district admin-
istration seeking unfettered access to
the temple. “I cannot intervene on
matters of traditions and customs
followed by a certain section of peo-
ple. The tradition should not be al-
tered,” he remarked.
The Bharatiya Janata Party,
whose Hindutva ideology supposed-
ly espouses a pan-Hindu identity,
has been noticeably silent on the is-
103
S A T H IS H G . T .
sue. The party, which has only a fee-
ble presence in the district, has not
organised any protests against the
denial of basic rights to Dalits.
Across the State, upper castes
have restricted the entry of Dalits
into temples. Wherever Dalits have
protested, they have faced opposi-
tion and physical assaults. Three
young men were murdered at Bada-
navalu in Nanjangud taluk of Mysu-
ru on March 25, 1993, for
demanding entry into the renovated
Siddeshwara temple. Similarly,
Kemparaju, a Dalit in Mandya dis-
trict, was assaulted after he entered
the Chowdeshwari temple in March
2012. Similar incidents were report-
ed from Gani village in Bagalkot dis-
trict in April 2014, where two Dalits
were severely beaten up for entering
the Hanumantha temple.
Some Dalits are of the view that
instead of fighting for the right to
enter temples the community should
reject temples because they are un-
equal spaces. However, Dharmesh
does not agree. “A temple is a public
place. The issue is of the right to
access a public place, not just about
Dalits attaining moksha [salvation]
by visiting a temple. When any per-
son or even a dog can enter the tem-
ple, why must Dalits be prevented
from doing so?” he asked. 첸
FRONTLINE . MAY 27, 2016
 Societal involution
Recent social and political trends in the U.S. and in parts of Europe
point to regressive tendencies that seek to recreate a past that now
seems less complicated, but only manage to intensify unhappiness.
T
HE term “involution”—which
means to turn into oneself, or
to shrink, or to reverse a proc-
ess of evolving—may seem like a
strange one to apply to societies. Yet,
that is the term that increasingly
comes to mind when considering re-
cent social and political trends in the
United States and in some parts of
Europe.
Consider the United Kingdom,
currently in the throes of a heated
debate before the referendum that
will be held about whether or not Bri-
tain should stay in the European
Union (E.U.). Many issues and con-
cerns have been raised on both sides,
and politicians and business leaders
inside and outside the country, from
top financiers to U.S. President Ba-
rack Obama, have pitched in with
their own views and warnings about
the implications of “Brexit”. But with-
in the country, public discussion ap-
pears to be focussed essentially on
only one issue: immigration.
Rightly or wrongly, in the British
public imagination today, member-
ship of the E.U. appears to have be-
come a proxy for more open borders
for the movement (or inflow) of peo-
FRONTLINE . MAY 27, 2016
ple. And in this discussion, all sorts of
issues come up, even if they are not
directly affected by membership of
the E.U. and do not necessarily result
from greater in-migration.
It is true that some of the ex-
pressed concern is about the ability
of other Europeans to enter the U.K.
and “feed off” the social welfare sys-
tem, including health services. Soon-
er or later, references are made to the
Polish migrants who may be filling
critical labour market gaps but do so
by lowering market wages, and are
perceived to have taken over parts of
London like Hounslow, partly dis-
placing earlier South Asian migrant
communities.
The fear and even distaste about
having to take in more refugees flee-
ing from zones of conflict in the Arab
world are clearly present. The im-
plicit and sometime even explicit ar-
gument is that misguided
do-gooders in the rest of Europe,
such as Chancellor Angela Merkel in
Germany, have opened the flood-
gates for the entry of all sorts and
numbers of people. It is interesting
that relatively few people are willing
to recognise or acknowledge the role
104
of Europe—or at least of European
governments—in destabilising
countries like Libya and Syria and
Afghanistan that now generate ever
larger waves of people desperate to
get away from the chaos, insecurity
and unutterable violence that has re-
sulted. Interventions in these coun-
tries by Europe are still largely
perceived as well-meaning and hu-
manitarian in its intent, and the Brit-
ish people seem to shrug off any
responsibility for the outcomes. Cer-
tainly, they generally do not seem to
feel any moral imperative to give
them refuge.
Then there are other concerns,
which have little to do with the rest of
Europe really, but are still clubbed
together in this general feeling of dis-
content. The lack of sufficient job
opportunities, especially for the
young, and the poor quality and
greater insecurity of most newly cre-
ated employment, are ascribed to
immigration of workers who mess up
domestic labour markets. The Brit-
ish government, seeking to deflect
attention from the inadequacies of
its own policies, has insidiously
played up to this, and is only now

A T A MA Y D A Y R A L L Y in Los Angeles, supporters of immigrants’ rights
denounce Republican presidential candidate Donald Trump’s stand.
discovering the political costs of this
strategy.
The housing market in London,
currently in the throes of another ir-
rational bubble driven by state pol-
icies, is another irritant. High house
prices in Greater London and the
south of England are blamed on the
influx of people from abroad, even
though this results from the contin-
ued availability of easy credit and the
U.K. government’s strategy of trying
to attract the rich from all countries
(not just Europe) into the city with
various incentives. It is probably the
case that central London is now un-
affordable for most former residents
not because of mass immigration at
all, but because London is seen as a
safe haven by Russian oligarchs, Chi-
nese elite, Indian businessmen like
Vijay Mallya and tax dodging global
celebrities, along with their less fa-
mous counterparts from across the
world. This tendency will be unaf-
fected by British departure from the
E.U., but the inchoate resentment
among London’s residents does not
distinguish the different causative
factors clearly and so migrants end
up being blamed for everything.
PERCEPTIONS & ANOMALIES
These social perceptions create some
interesting anomalies. A taxi driver
from Myanmar, himself resident in
Britain for 17 years and with every
intention of staying on with his wife
and children, defends those who
want the U.K. to leave Europe on the
grounds that “it’s a small island.
LUCY NICHOLSON/REUTERS
Where is the room here to take in
everybody who wants to come?” A
shop assistant whose parents came
from Hungary half a century ago be-
moans the latest influx of east and
central Europeans because they do
not try to absorb the local culture and
integrate with British society. A stu-
dent of mixed Muslim-Christian par-
entage worries about the patriarchal
attitudes and untoward behaviour of
Arab male migrants.
So the tendency of closing in, of
hunkering down and putting up bar-
riers, is not confined to any partic-
ular ethnic group, although
presumably it is more widespread
among the white English population.
Rather, it reflects something that we
in India knew as “third class com-
partment syndrome”, whereby those
who managed to get in and get seats
in the crowded railway carriages
would try and limit the numbers of
new entrants, to prevent overcrowd-
ing and congestion.
From here it is but a small step
towards even more explicitly racial
and religious overtones in the dis-
cussion. And in this, sadly, Britain is
hardly an outlier in Europe today,
where anti-Muslim sentiment has
gone from being a murmur in the
shadows to being a mainstream and
acceptable position.
In Germany, for example, the re-
cently created right-wing party Al-
ternative fur Deutschland has just
approved a manifesto that declares
that “Islam is not part of Germany”
and “orthodox Islam is not compat-
105
ible with our legal system or with our
culture”. It has called for bans on the
Muslim call to prayer and the wear-
ing of face-covering veils by women
in public. This new party is also Eu-
rosceptic, and it made substantial in-
roads in provincial elections in
Germany in March. Opinion polls
suggest that it will go on to gain fur-
ther strength and win seats in the
Bundestag (Parliament) elections in
2017.
In France, the openly anti-im-
migrant party of Marine Le Pen is
doing extremely well and she is a
serious contender for the presidency,
seen as the one to beat in the next
election. Right-wing parties that are
openly anti-immigration, implicitly
racist and generally Islamophobic
are significant presences, often even
part of the government, in many Eu-
ropean countries, from Hungary and
Finland to Serbia, Armenia and Aus-
tria. They are on the ascendant in
crisis-ridden countries such as Spain
and Greece.
These tendencies are not con-
fined to Europe, as the rise and rise of
Donald Trump in the U.S. now
makes clear.
The man who is now almost cer-
tain to be the Republican candidate
for President has declared publicly
that Mexican immigrants tend to be
rapists who bring in drugs to the
U.S., and that all Muslims should
simply be barred from entering the
country.
Those with a sense of the materi-
al underpinnings of social change
would see in this extraordinarily
widespread process in the advanced
countries, the outcome of forces of
financial globalisation that have ren-
dered advanced economies stagnant,
given inordinate power to capital
and made life more insecure and
fragile for workers.
The irony is that the economic
forces that have created this are rare-
ly blamed or sought to be even par-
tially controlled or reversed, and the
ascendancy of global capital remains
supreme. Instead, societal involution
creates regressive tendencies that
seek to recreate a past that now
seems less complicated, but only
manage to intensify unhappiness. 첸
FRONTLINE . MAY 27, 2016
 LITERATURE

‘A WRITER FIRST, THEN A

Interview with the noted author-poet Sukrita Paul Kumar. B Y ZIYA US SALAM

THERE are many layers to the
poet-author-painter Sukrita Paul
Kumar. For old-timers, she is the
daughter of the illustrious Urdu
short-story writer Joginder Paul,
who passed away on April 22. For
those who are involved in the world
of translations, she is an honest
translator, one who keeps the soul of
a story or a poem intact. For those
who frequent the rarefied world of
art, her work is notable for its re-
markable affinity to nature. For
those who like their poems short and
not necessarily sweet, she comes up
with some unputdownable stuff.
Sukrita Paul Kumar notched up a
first to her name when Vani Pra-
kashan launched the companion vol-
umes of her Dream Catcher and the
small book titled Behind the Poems at
the same time. Yes, Sukrita Paul Ku-
mar wears many hats with ease.
Then, fate decided to deal her a
new hand. Her father, a much-ad-
mired part of the Progressive Writers
Movement, lost his battle with a pro-
longed illness. While it left a vacuum
in her life, it also left the world of
Urdu literature much poorer. “A
writer first, then a father,” she said of
her father. After the generation of
Krishan Chander and Rajinder
Singh Bedi, Paul was an icon along
with the likes of Intizar Hussain and
Qurratulain Hyder. But the loss of,
first, Qurratulain Hyder, then Inti-
zar Hussain and now Paul means
that the generation who saw Parti-
tion at close quarters is lost to us. In
this interview, Sukrita Paul Kumar
told Frontline about her father’s con-
tribution to the world of Urdu short
stories, the effect of Partition on him,
and his ability to use long silences,
often termed understatements. She
also explained how Paul, who taught
English for a living and spoke Punja-
bi at home, was able to express him-
self best in Urdu. Excerpts:
As a daughter, how would you
assess the contribution of Joginder
Paul to the world of Urdu short
stories?
For as long back as I can remem-
ber, I have known this man, Joginder
Paul, as a writer, someone who suf-
fered acute creative pangs, agonised
over long periods over writing stories
and also one who savoured moments
of frenzy at the completion of each of
his stories. A writer first and then a
father! All his professional preoccu-
pations as a teacher, an education
officer in Kenya, a professor and the
principal of a college in India were
secondary to him, even though he
performed all those roles passionate-
ly. His ardent commitment to life
came from his deep commitment to
writing. He lived literature, taught
literature and breathed literature.
I say all this to highlight the qual-
ity of his engagement with fiction; he
was a very genuine writer, one who
never associated the idea of writing
with fame or any gain in mind.
As far as his contribution to Urdu
short stories goes, I believe after the
generation of Rajinder Singh Bedi
and Krishan Chander he stood tall as
one of the leading Urdu writers, dis-
missing old forms and ideas and cap-
turing contemporary times with new
perspectives.
I think he, with Qurratulain
Hyder, Intizar Hussain, Ram Lal,
Surendra Prakash and some others,
demolished stereotypes and rein-
vented both modernity and progres-
sivism in Urdu literature. His short
short stories [afsaance] are extraor-
dinary in their brevity, sensitivity
and impact.
Partition affected different writers
differently. For instance, one can
see Saadat Hasan Manto’s searing
intensity and Krishan Chander’s
candid expression of pain and
sorrow. How would you assess
Paul’s handling of Partition as a
writer?
As in the case of many other writ-
ers, he too did not write “Partition
stories” for a long time, nearly three
decades, after the experience of Par-
tition. What seems to have dominat-
ed his mind the most was perhaps
the experience of being a refugee;

“His [Joginder Paul] commitment to life came

from his deep commitment to writing. He lived
V.V. KRISHNAN

literature, taught literature and breathed

literature.”—Sukrita Paul Kumar
FRONTLINE . MAY 27, 2016 106

FATHER’
1947 meant “leaving home” forever. I
don’t think he ever found home
again…. His spirit of alienation, deep
pathos and indeed compassion (he
always said suffering and poverty
taught him that) kept translating in-
to short stories. It was only in the
eighties and nineties that he directly
wrote “Partition stories”. “Dariyaon
Pyas”, “Dera Baba Nanak” and “Fak-
htaein” are stories that are reminis-
cent of delicate but charged
moments and memories of the past
carried from one side of the border to
the other. For Deewane Maulavi Sa-
hib of his well-known novel Khwa-
bro [Sleepwalkers in English], it was
best to remain couched in his “mad-
ness”, to be totally oblivious to Parti-
tion, just to be able to continue living.
Deeply experiential yet not merely
subjective truths of Partition are in-
terspersed in these writings that por-
tray anguished displacement.
Understatement was a constant
companion in the works of your
father. At the same time, he could
be brutal in his assessment of
literary trends around him. How do
you explain these two seemingly
opposite strands?
I think the deeper his sense of
involvement in writing, the greater
the meaning in every word he used.
He used to be very brutal with him-
self and his writings. I remember
how he tore up the entire manuscript
of a novel he had written because it
sounded inauthentic to him. The
search for authenticity led him to be
brutal or “cruel” to any writing that
he found “unconvincing”, his own or
that of another. But then, he knew he
needed to be extremely gentle with
his characters… he had to let them
have their autonomy by eliminating
his own self! As far as understate-
ment goes, I won’t call it that. I think
his effort was to create meaningful
S. SUBRAMANIUM
J O GI N D ER P AUL, a 2010 picture.
silences around words, phrases,
metaphors.
He earned his bread and butter as a
teacher of English. His mother
tongue was Punjabi. Yet he chose to
write in Urdu.
But it was literature all the way!
English literature took him to litera-
tures translated from many languag-
es. He was very fond of French
literature. And teaching English re-
ally grounded him further in litera-
ture, the learning of which, I think,
he brought to his writing. As for Pun-
jabi, that gave him his roots, his Sial-
kot carried by his mother who was
with him in Kenya throughout. His
language of writing had to be Urdu, a
language he was schooled in and a
language which has a rich literary
tradition. Urdu was closer to Punjabi
(which he could not read or write)
than English. Did he have a choice
then? His pen could work itself from
the right to the left on the page with
greater ease.
For somebody who guided Gulzar to
write short stories, Paul never once
talked about it with the media. When
did you first realise that he shared a
special bond with Gulzar?
Gulzar sahab has always venerat-
ed my father as a “master” of the art
of writing short stories. I have known
this since the late nineties which is
107
when my own dialogues with Gulzar
sahab on Urdu language, fiction and
poetry began. In fact, I have really
been a medium between the two!
There has been a quiet dense bond
between them. Not too much talking
but a mutual respect for each other,
with Gulzar sahab always looking for
a pat on his back from “Bhai sahab”,
my father, for any new story.
As Paul’s daughter and a writer and
a poet in your own right, what has
been the single most important
lesson that you have imbibed from
him?
To be true to my conviction in
writing and action …but, first, to
make sure that the conviction is
right. No pretension, no hypocritical
compromise.
Recently, you had companion books
launched at the same time. It was in
many ways a first for the world of
literature here. Could you please
throw some light on them and how
they came about?
I think you are talking about
Dream Catcher, a volume of my po-
ems, accompanied by a small book
entitled Behind the Poems, published
by Vani Prakashan. I did want to be
self-reflexive about the creative proc-
ess I engage in while writing poetry,
and in this little book I give myself an
opportunity to do so. I am very curi-
ous to see how they will be received
by the readers. In the writing of this
small book, I attempted to identify
the nature of my creative journey.
The companion volume contains po-
ems that are like half-dreams or
some as fully dreamt dreams.
You translated Gulzar’s poetry in the
past. Do you see yourself as a
translator in the days to come?
I really don’t know. I would like
to write more and more and also
paint more, which is not to say that I
will not translate. When I read some-
thing compelling I do feel like partic-
ipating in the creation of that work.
Translation helps me do that. I do
not plan the nature of my creative
ventures too much. Let’s see. All I
know is that I have a lot to do. The
calling is loud and clear! 첸
FRONTLINE . MAY 27, 2016
 LABOUR ISSUES

A self goal
The NDA government restores the EPF interest rate under pressure
from trade unions, but it will have to pay a heavy price for its move to
trifle with working people’s social security. B Y T . K . R A J A L A K S H M I

ALL we have from the National
Democratic Alliance (NDA) govern-
ment is empty rhetoric. It promised
to adopt pro-people policies after it
came to power in 2014, but the ac-
tions by some of the Ministries, par-
ticularly the Ministry of Finance,
have proved that the government is
keen more to project a pro-industry
face than to listen to the common
people, even the middle classes, con-
sidered its key support base.
The government sought to intro-
duce several measures that were per-
ceived to deal a blow to the salaried
class, such as levying a tax on the
Employees’ Provident Fund and low-
ering the interest rate on EPF. The
manner in which it moved these pro-
posals took even the Bharatiya Maz-
door Sangh (BMS), the trade union
ideologically affiliated to the Bhara-
tiya Janata Party (BJP), by surprise.
On April 16, the Central Board of
Trustees (CBT), a tripartite body
chaired by the Union Labour Minis-
ter and consisting of representatives
from the Finance Ministry and the
trade unions, as an interim measure,
unanimously decided that the rate of
interest on EPF would be 8.8 per
cent. The idea was to aim for an up-
ward revision. This was a promise
the NDA government had made. But
the Finance Ministry overturned the
recommendation and scaled down
the interest rate to 8.7 per cent, the
lowest rate of interest offered in the
last three years, in what was seen as
another instance of high-handed-
ness. Ten Central trade unions, in-
cluding the BMS, expressed their
disapproval of the cut. The BMS or-
ganised protests at about 46 EPF of-
fices across the country. The other
trade unions gave a call for a nation-
wide protest on April 29.
When the matter was raised in
the Budget session of Parliament, the
Labour Minister informed the
House that the interest rate had been
cut and the action had been ratified
by the Finance Ministry. While the
MPs of the Left parties raised the
G.R.N. SOMASHEKAR
issue in both Houses, Congress
members chose to remain silent. The
protests started to gain momentum
as no rationale could be found for
reducing the interest rate except that
the government was seeking, one, to
keep parity with the interest rates of
small saving schemes, such as the
Public Provident Fund (PPF), which
had been brought down to 8.1 per
cent; two, to keep the surplus at
Rs.1,000 crore; and, three, to credit
interest into inoperative accounts
the government had little option but
to roll back the interest rates.
In their editorials, leading news-
papers attempted to convince the
government about the pitfalls of roll-
ing back the decision and urged it not
to bow down to pressure. Notwith-
standing such counsel, the govern-
ment backtracked on the rate cuts
following a backlash from trade
unions, and workers themselves.
A.K. Padmanabhan, president of the
Centre of Indian Trade Unions (CI-
TU), clarified that as far as the bur-
den of interest on inoperative EPF
accounts was concerned, since 2011
no interest had been paid into such
accounts. “It is the money of the sub-
scriber. If the government is holding
on to it, it should pay interest. This is
what the unions believe,” he said.
STATE GOVERNMENTS’
LABOUR REFORMS
The Central government has been at
loggerheads with trade unions over a
slew of decisions, such as a sweeping
labour reform of Central labour laws,
which has had the effect of different
State governments patterning their
own labour laws on similar lines. The
general signal was that State govern-
ments were free to make changes in
their own labour laws as per their
requirements.
In 2014, Rajasthan amended its
Factories Act, Industrial Disputes
Act and Contract Workers Act, de-
spite protests from workers and their
representatives. Other BJP-led gov-
O N T H E S EC O N D day of protests
against the amendments to the EPF
rules at the Peenya industrial area on
Tumakuru Road in Bengaluru on
April 19.
109
ernments followed suit. On March
31, the Haryana government intro-
duced three pieces of legisla-
tion—the Industrial Disputes
Amendment Bill, allowing enterpris-
es employing up to 300 workers to
lay off without the government’s per-
mission; the Contract Workers (Reg-
ulation and Abolition) Haryana
Amendment Bill, 2016, proposing to
do away with registration of industri-
al establishments employing up to
50 workers (raising the threshold
from the existing 20); and, the Fac-
tories (Haryana Amendment) Bill,
exempting from the Factories Act
those units that employ up to 20
workers with the aid of power and 40
workers without the aid of power.
These reforms were similar to the
ones introduced by the Rajasthan
government. Interestingly, a survey
conducted by the PHD Chamber of
Commerce and Industry (PHDCCI)
in five districts of Rajasthan showed
that investment had not picked up
despite labour law reforms.
Madhya Pradesh also ushered in
labour laws on the lines of Rajasthan
to relax retrenchment norms. The
new law allowed companies employ-
ing up to 300 workers to retrench
workers or shut shop without gov-
ernment approval against the
threshold of 100 workers earlier. The
only silver lining was that workers
would be entitled to a three-months
notice and three-months salary. Ear-
lier, either of the two was allowed
and employees were paid 15 days’
wages for every year they were on the
rolls. It is learnt that Maharashtra
had contemplated similar reforms,
but changed its mind in the last min-
ute.
The BMS, which, of late, has not
been part of any joint trade unions
action, has been feeling the pressure
from its own constituents. Though
hard-pressed to defend the govern-
ment owing to its ideological affinity,
it was compelled to stage protests
against the NDA government’s deci-
sion on EPF interest rates and labour
reforms initiated by BJP-ruled
States. Virjesh Upadhyay, national
general secretary of the BMS, told
Frontline that a delegation of the
BMS met the Haryana Chief Minis-
FRONTLINE . MAY 27, 2016

TH E PO L I C E dispersing protesting workers in the industrial estate.
ter and expressed its concerns over
the implications of liberalising la-
bour laws. The Rajasthan experi-
ment had a cascading effect.
Chhattisgarh, Andhra Pradesh and
Gujarat followed suit and amended
their labour laws on similar lines for
the “ease of doing business”.
But more than the unpopular la-
bour reforms introduced by the vari-
ous State governments, it was the cut
in the EPF interest rates that rattled
the Union Labour Ministry. The
CBT was after all headed by the La-
bour Minister and it was after a con-
sensus decision that the interest rate
had been arrived at. Union repre-
sentatives argued that when the CBT
decided on an interest rate of 8.8 per
cent, it was on the understanding
that there was money available and
that even if an interest rate of 8.95
per cent was given, there would still
be a surplus of Rs.91 crore. “Even the
8.8 per cent was provisional. The
idea was that workers would be given
more,” said Padmanabhan.
The Finance Ministry had to re-
tract its proposal to tax 60 per cent of
EPF withdrawals. In February, the
Union Labour Ministry issued a no-
tification restricting the EPF balance
to subscribers until they reached re-
tirement age. The excuse was social
security. Padmanabhan said the no-
FRONTLINE . MAY 27, 2016
G.R.N. SOMASHEKAR
tification was not only unfair, but
created unnecessary confusion. The
unions raised the matter at the
March meeting of the CBT and ob-
jected to the cap on withdrawal. “It is
subscribers’ money. How can the
government decide not to allow ac-
cess to them?” he asked. In February,
the government notified that a work-
er could not withdraw the employer’s
share from the PF before superan-
nuation. Of the employer’s contribu-
tion of 12 per cent, 8.33 per cent went
to the Employees Pension Scheme
while 3.67 per cent was deposited in
the PF account.
The government decreed that
employees could not withdraw the
employer’s contribution to the EPF
until after they retired. This trig-
gered protests, particularly in the Vi-
sakhapatnam Special Economic
Zone and in Bengaluru. Thousands
of women working in Brandix Appa-
rel India City, Atchyutpuram, Visak-
hapatnam, went on strike
demanding a hike in wages and the
lifting of the embargo on withdrawal
of PF deposits.
K. Hemalatha, national presi-
dent of the All India Coordination
Committee of Working Women,
said: “In many establishments of the
garment industry, there is no job se-
curity and it is very rare for women to
110
remain employed until the age of 58.
Many of them leave once they get
married, so the government notifica-
tion naturally created a lot of panic
among them. They often require this
money for special occasions.”
On April 18, traffic on a seven-
kilometre stretch on Hosur Road in
Bengaluru came to a standstill for
several hours when some 15,000
women garment workers from five
garment units took to the streets pro-
testing against the government noti-
fication. The police used tear gas
shells and other means to disperse
them. A similar protest was orga-
nised on the Bengaluru-Mysuru
highway. Trade union leaders told
Frontline that the protest was a
spontaneous one and not organised
by any trade union in the area. The
fear of losing their savings triggered
the uproar. The government notifi-
cation was supposed to come into
effect from May 1.
Padmanabhan said: “The EPF is
a form of social security. But workers
need the money, otherwise they
would have to borrow at high rates of
interest. What is in the EPF is their
money and they have a right to with-
draw it when they need it. The con-
tribution of 3.67 per cent in any case
is hardly enough but when a worker
is hard-pressed for money, he or she
will want to dip into the savings.”
The NDA government suffered a
major setback when it was forced to
retract the announcement.
In March, the Finance Ministry
notified rules allowing the transfer of
unclaimed deposits in the EPF, the
PPF and other small savings
schemes to a proposed Citizens Wel-
fare Fund. Trade unions and the La-
bour Ministry objected to the
diversion of unclaimed EPF depos-
its. Trade unions and their represen-
tatives feel that the government’s
targeting of people’s savings is a ploy
to do away with social security alto-
gether.
Garment workers are paid as low
as Rs.6,000 a month in some units.
With little or no additional govern-
ment support in the form of social
security, any perceived move to tar-
get the savings of workers is sure to
have serious consequences. 첸
 ESSAY

THE SHEIKH VS THE PANDIT

ROOTS OF THE
KASHMIR DISPUTE

THE HINDU ARCHIVES

PR I M E M I N I S T ER Jawaharlal Nehru with Sheikh Abdullah.

Reflecting popular opinion, Nahi kuch subha-o-zunnar ke phande mein girai/

wafadari mein sheikh-o-brahaman ki aazmaish hai
Sheikh Abdullah was against (The loop of the rosary and the sacred thread cannot hold
Kashmir’s accession to India. any one/ The real test of the Sheikh and the Brahmin is in
their faithfulness).
Reflecting Indian opinion and his

M
irza Ghalib’s couplet accurately sums up the
own preferences, Nehru would roots of the Kashmir dispute. It also provides a
have nothing but accession. Both clue to the ever deteriorating situation in the
State. Sheikh Muhammad Abdullah’s Kashmiri nation-
knew how the Kashmiris felt, alism clashed with Pandit Jawaharlal Nehru’s Indian
hence India’s initial hesitation in nationalism. The clash was inherent in their relationship
even at the best of times. Nehru arrogantly spurned
forging the accession. conciliation and resorted to brute force, with the aid of
BY A . G . N O O R A N I the army, by ousting Abdullah from the office of Prime

111 FRONTLINE . MAY 27, 2016

KASHM I R I N A T I O N A L I S M is as alive now as it was in 1947. A file photograph of protesters in Srinagar.
Minister of Jammu & Kashmir on August 9, 1953, and
imprisoning him for 11 years. What is little known is that
he subjected his prisoner and erstwhile friend to hard-
ships; denying visitors access to him and foisting a con-
spiracy case which he knew to be false—plotting for
accession to Pakistan and waging war against India.
To all outward appearances, India riveted its control
over the State after the Sheikh’s ouster. But today, more
than ever before, grim realities have surfaced, to the
shock of many, to demonstrate that Kashmiri national-
ism is very much alive and kicking despite New Delhi’s
repressive policies and the army’s sustained record of
outrages. India’s government, much of its media, espe-
cially television, and academia, and its stooges in Kash-
mir who have feasted on the crumbs New Delhi throws at
them from the high table prefer to envelop themselves
cosily in a state of denial. The reality is unbearable to
witness—India governs Kashmir against the wishes of its
people. They reject the very legitimacy of its rule. As Mir
Qasim, installed as Chief Minister by elections which he
admitted were rigged and who had supported Abdullah’s
ouster in 1953, wrote: “They clearly say that they would
not like to remain in India. They would like to go out of
India. They ask for a plebiscite so that they will be al-
FRONTLINE . MAY 27, 2016
lowed to answer whether they want to remain in India or
go out of India” (Mir Qasim, My Life and Times, page
298).
It was left to one of India’s foremost public intellec-
tuals, Ashok Mitra, former Finance Minister of West
Bengal, to rip apart the veil of falsehood and expose the
havoc that India’s policies have wreaked. “Behind the
façade of the constitutional apparatus rests the nitty-
gritty of rude fact: the Valley is an occupied territory;
remove for a day India’s Army and security forces and it is
impossible to gauge what might transpire at the next
instant. Some of the stone-pelters may nurse illusions
about Pakistan, some may think in terms of a sovereign,
self-governing Kashmir, but they certainly do not want to
be any part of India … the great Indian nation, with its
load of civilisation stretching 5,000 years, is extraordina-
rily mum.
“The debauching of civilisation in Kashmir, no mat-
ter what its underlying reason, creates no ripples. One is
suddenly hit by a fearsome realisation Indians by and
large do not perhaps feel at all, this way or that, about the
Valley’s people. In other words, the Indian nation is
alienated from Kashmir” (The Telegraph, August 27,
2010).
112
 tween our grievances and our aspirations. Aspiration is
azadi. Grievances are like, Centre does not hand over
power projects in Kashmir to the State government. Our
development needs and separatism are two different
things. We vote for development, but azadi will not come
without talking with Pakistan.”
A 29-year-old teacher said that the bridges between
India and Kashmir “have been burnt forever”. For, the
bottom line is, “India does not trust Kashmiris and Kash-
miris don’t trust India.” The situation deteriorated steep-
ly since the outbreak of militancy in 1989. But its roots lay
in the clash of Kashmir and Indian nationalism in 1947.
In a real sense, there is no alienation of people from the
Union; alienation implies previous affection, which the
people of Kashmir never had for India, not even at the
time of the accession, as both Abdullah and Nehru knew
very well. Reflecting popular opinion, the Sheikh was
against Kashmir’s accession to India, though he pre-
ferred its ideology of secularism to Pakistan’s two-nation
theory. Reflecting Indian opinion and his own strong
preferences, Nehru would have nothing but its accession
to India. Both knew what the Kashmiris thought and felt,
hence India’s initial hesitation in forging the accession.
The record on the views of all three—Abdullah, Kash-
miris and Nehru—speaks for itself.

SHEIKH ABDULLAH’S AIMS

1. On April 19, 1946, the Sheikh demanded in a telegram
NISSAR AHMAD

to the British Cabinet Mission “a right to independence”

Mehbooba Mufti, head of the People’s Democratic

Party (PDP)-Bharatiya Janata Party (BJP) coalition in
the State, loftily declared, on April 19, in the presence of
Prime Minister Narendra Modi, that “there is a pain in
the heart of Kashmiris and we all have to heal it together”.
What she added indicates all too well that the causes of
the pain elude her. She cited “several tragic incidents in
the past … and more recently in Handwara where in-
nocent people were fatally caught in the vortex of vio-
lence” (Yusuf Jameel, Asian Age, April 20; emphasis
added, throughout). “Caught”, not “shot at”. Earlier, on
March 26, she spoke of Mufti Mohammed Sayeed’s “mis-
sion of development and peace” (Peerzada Ashiq, The
Hindu, March 27). She refuses to know why her people
are in pain.
Contrast this with Nirupama Subramanian and
Bhashaarat Masood’s four reports in The Indian Express
(between April 20 and April 23, 2016), among the most
BERT BRANDT/AFP

honest reports we have had in recent years. “When the

Army does an encounter they come in hundreds for one
militant hiding in a house. Then they destroy the house.
They use heavy shells and mortars,” a girl student in
Anantnag told them. The destruction of a whole house to
catch a solitary militant is an established practice in S E P TE M BE R 18, 1947: Mohammad Ali Jinnah, in
Kashmir alone; it was never attempted in Punjab. Karachi. In October that year, Pakistan sent raiders into
A teacher in Tral warned: “Don’t blur the lines be- Kashmir with Jinnah's knowledge.
113 FRONTLINE . MAY 27, 2016

THE HINDU ARCHIVES
M IR Q A S I M . He was installed as Chief Minister through
rigged elections after Sheikh Abdullah's dismissal and
arrest.
because “the Kashmiri nation” resided in “a unique re-
gion in India”. This was asserted when the talk was of a
federal union, not partition.
2. After Partition, he was released from prison on
September 29, 1947. On October 3, he said: “We will
choose the path which will lead to the independence of …
the Kashmiris” (Sheikh Mohammed Abdullah, The Blaz-
ing Chinar, Gulshan Books, Srinagar; pages 256 and
275).
3. On his release from prison, Abdullah said: “If the
40 lakhs of people living in Jammu & Kashmir are by-
passed and the State declares accession to India or Pakis-
tan, I shall raise the banner of revolt and we face a
struggle.” Since Maharaja Hari Singh was not going to
accede to Pakistan, this was clearly a warning against
accession to India. As late as on October 22, 1947, Ab-
dullah’s line was: “Freedom before Accession”. It was
reflected in Khidmat, the organ of his party, the National
Conference, which said on the same day: “What the
present moment demands and demands urgently is not
accession to Pakistan or India but power to the people.
Are we going to sell ourselves to the Indian capitalists or
the Pakistan Nawabs?” (Quoted in Chitralekha Zutshi,
Languages of Belonging, Permanent Black, page 307; a
most insightful work.)
4. Abdullah confided to Phillips Talbot, later United
States Assistant Secretary of State for Near Eastern and
South Asian Affairs, who was in India from 1939 to 1948.
“He told me that Kashmir would be ‘finished’ if it had to
join one Dominion and thereby incur the enmity of the
other. What he sought, he said, was an arrangement by
which Kashmir could have normal relations with both
countries” (An American Witness to India’s Partition,
FRONTLINE . MAY 27, 2016
Sage, page 378). As we shall see, this was the line he
pursued right until 1964.
5. Prior to the accession, Abdullah sent one emissary
to Pakistan after another, Bakshi Ghulam Mohammed
and G.M. Sadiq. Neither was allowed to meet Mo-
hammed Ali Jinnah or Prime Minister Liaquat Ali Khan.
Only the Chief Minister of West Punjab, the Nawab of
Mamdot, met them. Strangely, neither the admirers nor
the detractors of Abdullah care to probe into their brief.
What was it? It was obviously to fulfil his plans for
independence. He had accepted an invitation by emissar-
ies from Pakistan to meet Jinnah after his visit to New
Delhi. The tribal raid from Pakistan was launched while
Sadiq was in Lahore.
6. Even after the accession, Abdullah pursued his
plans, to the knowledge of Nehru, in a talk with Patrick
Gordon Walker, Britain’s Parliamentary UnderSecretary
for Commonwealth Affairs, in Nehru’s home on February
21, 1948—four months after the accession. Walker re-
ported to London: “7. At this point Nehru fetched in
Sheikh Abdullah and said he would leave us to talk
together. Just before Nehru left Sheikh Abdullah said he
thought the solution was that Kashmir should accede to
both Dominions. I had not time to get him to develop this
idea before Nehru left the room but questioned him
afterwards. He said Kashmir’s trade was with India, that
India was progressive and that Nehru was an Indian. On
the other, Kashmir’s trade passed through Pakistan and a
hostile Pakistan would be a constant danger. The solu-
tion therefore was that Kashmir should have its autono-
my jointly guaranteed by India and Pakistan and it would
delegate its foreign policy and defence to them both
jointly but would look after its own affairs. The two
Dominions share a common interest in Kashmir and it
would serve to unite and link them. I asked whether
Nehru would agree to this solution and he said he
thought so. He had discussed it with him. … Since draft-
ing the above I have seen Nehru again with reference to
paragraph 7 above. He says that he would be prepared to
accept a solution broadly on the lines of that proposed by
Sheikh Abdullah.”
7. In New York as a member of the Indian delegation
to the Security Council, Abdullah approached the U.S.’
Permanent Reprepresentative to the United Nations,
Warren Austin, on January 28, 1948. Austin recorded: “It
is possible that [the] principal purpose of Abdullah’s visit
was to make clear to U.S. that there is a third alternative,
namely, independence. He seemed overly anxious to get
this point across, and made quite a long and impassioned
statement on the subject. He said in effect that whether
Kashmir went to Pakistan or India the other dominion
would always be against solution. Kashmir would thus be
a bone of contention. It is a rich country. He did not want
his people torn by dissension between Pakistan and In-
dia. It would be much better if Kashmir were independ-
ent and could seek American and British aid for
development of country.” (Foreign Relations of the Unit-
ed States, 1948 South Asia, page 292).
8. Abdullah even sought out Pakistan’s delegates. He
114
complained to President Ayub Khan when they met in
Rawalpindi on May 26, 1964, that they “would not even
talk to him. … When he went to the Security Council the
second time, he did meet Choudhry Muhammad Ali and
told him that the only way to get the Indians out of
Kashmir was to agree to independence of the State”
(Altaf Gauhar, Ayub Khan, page 264).
9. The Sheikh spoke to the U.S. Ambassador to India,
Loy Henderson, in Srinagar. He reported to the State
Department on September 29, 1950: “In discussing fu-
ture Kashmir, Abdullah was vigorous in restating that in
his opinion it should be independent; that overwhelming
majority population desired this independence; and that
he had reason to believe that some Azad Kashmir leaders
desired independence and would be willing cooperate
with leaders National Confederation if there was reason-
able chance such cooperation would result in independ-
ence. Kashmir people could not understand why U.N.
consistently ignored independence as one of possible
solutions for Kashmir. It had held special Assembly to
deal with independence for Palestine, which was smaller
in area and population and less economically viable than
Kashmir. Kashmir people had language and cultural
background her own. Their Hindus by custom and tradi-
tion widely differed from Hindus [of] India, and outlook
and background their Moslems also quite different from
Moslems Pakistan. Fact was that population Kashmir
homogeneous despite of presence of Hindu minority.
“When I asked Abdullah if he thought Kashmir could
remain stable independent country without friendly sup-
port India and Pakistan, he replied negative. In his opin-
ion, independent Kashmir could exist only in case it had
friendship both of India and Pakistan; in case both these
countries had friendly relations with each other; and in
case U.S. through U.N. or direct would enable it, by
investments or other economic assistance, to develop its
magnificent resources. Adherence Kashmir to India
would not lead in foreseeable future to improving miser-
able economic lot of population. There were so many
areas of India in urgent need of economic development,
he was convinced Kashmir would get relatively little
attention” (Foreign Relations of the United States, 1950,
Volume 5, page 1,434).
10. Abdullah was quite open about his aims, as Nehru
well knew. He went public in an interview to Michael
Davidson of The Scotsman published on April 14, 1949.
“He said: ‘Accession to either side cannot bring peace’.
He declared, ‘We want to live in friendship with both
Dominions. Perhaps a middle path between them, with
economic co-operation with each, will be the only way of
doing it. But an independent Kashmir must be guaran-
teed not only by India and Pakistan but also by Britain,
the United States and other members of the United
Nations. Would an independent Kashmir, I asked him, a
kind of Himalayan Switzerland, be feasible and construc-
tive? Those areas of the present State which bordered
India and Pakistan and which had no affinities with the
people of the Vale could fall naturally to the Dominion
with which they were related by race or religion—the
115
THE HINDU ARCHIVES
THE S AD AR - I - R I YAS AT, Karan Singh (right),
administering the oath of office to Bakshi Ghulam
Mohammed as Prime Minister of Jammu and Kashmir
in July 1957.
Poonchis, who are Moslem Punjabis, belong obviously to
Pakistan, and the Hindus of Jammu, Rajput-Dogras are
surely Indians.
“Abdullah replied: ‘Yes, independence—guaranteed
by the United Nations—may be the only solution. But
why do you talk of partition? Now you are introducing
communalism and applying the two-nation theory to
Kashmir—that communalism which we are fighting
here. I believe the Poonchis would welcome inclusion in
an independent Kashmir; if, however, after its establish-
ment, they chose to secede and join Pakistan, I would
raise no objection.
“I want a solution that is fair to all three parties—Pa-
kistan, India, and the people of Kashmir. But we won’t
submit to a communal solution. There has never been a
religious problem in the Vale of Kashmir. Hindus and
Moslems, we are of the same racial origin, we have the
same customs, wear the same clothes, speak the same
language. In the street, you cannot distinguish between
Moslems and Brahman Pandits. Why, we even have a
mosque in the wall of which a Hindu temple has been
built. In Kashmir we have Hindu and Sikh refugees from
West Punjab and Moslem refugees from East Punjab. …
“When the Kashmir Moslem Conference also turned
communally-minded, most of us Kashmiris left to form a
National Conference, a non-sectarian movement con-
forming with the secular principles of the Indian Con-
gress. Naturally we sympathise rather with India than
with Pakistan.’ …
“Religions have never been a cementing force, the
Sheikh declared. Christians fight Christians in Europe;
Japanese fight Chinese; Turkey wants to be Europe-
FRONTLINE . MAY 27, 2016
anised; Moslems have warred against Moslems. Socially
and nationally there are more compelling interests, eco-
nomic and ideological. The first task for the Kashmiris,
Hindus and Moslems, is to win internal liberation from
exploitation.” (The writer is indebted to Andrew White-
head for the text of the interview.) The interview had
Vallabhbhai Patel foaming at the mouth (Durga Das,
Sardar Patel’s Correspondence, Navjivan Publishing
House, Volume 1, pages 266-271).
NEHRU’S STAND
It is important to note that Nehru tried to secure Kash-
mir’s accession to India while Sheikh Abdullah was still
in prison, regardless of his wishes or those of the people of
the State. His stand was revealingly summed up in the
blunt pithy assertion to Liaquat Ali Khan, “I want Kash-
mir” (Lionel Carter (Ed.), Weakened States Seeking Re-
newal: British Official Reports from South Asia, 1
January – 30 April 1948, Manohar, Part I, pages 176 and
416; an invaluable collection of two volumes). Even be-
fore the Partition Plan was announced on June 3, 1947,
he began his campaign with a mention of Kashmir as “a
difficult problem” at a formal meeting with Mountbatten
and advisers on April 22, 1947. He followed it by a long
note to Mountbatten on Kashmir dated June 17, 1947, in
which he concluded: “If any attempt is made to push
Kashmir into the Pakistan Constituent Assembly, there
is likely to be much trouble because the National Confer-
ence is not in favour of it and the Maharaja’s position
would also become very difficult. The normal and obvi-
ous course appears to be for Kashmir to join the Constitu-
ent Assembly of India. This will satisfy both the popular
demand and the Maharaja’s wishes. It is absurd to think
that Pakistan would create trouble if this happens.” (Se-
lected Works of Jawaharlal Nehru; Volume 3, page 229).
Pakistan did not count. He lavishly praised the Sheikh.
On July 4, he wrote to the Maharaja, whom he detested,
requesting a meeting and suggesting accession: “I appre-
ciate your difficulties” (ibid., page 253). No talk here of
releasing Abdullah.
The sinister aspect of the plan became apparent when
the Maharaja asked for a standstill agreement on August
12, 1947. Pakistan agreed. India declined and asked for
negotiations. Nehru had himself revised the draft stand-
still agreement with all the States to include “foreign
affairs” (item 7); a virtual Instrument of Accession. Had
the Maharaja agreed, Abdullah would have been con-
fronted, on his release from prison, the very next month,
with Kashmir’s accession to India—carried out behind
his back. So much for respect for the popular will.
Nor were Nehru’s later references to the Sheikh justi-
fied. His following was confined to the Valley. In Jammu
and the present Pakistan-administered Kashmir, Chaud-
hry Ghulam Abbas’ Muslim Conference held sway. Even
in the Valley Abdullah’s voice was not decisive on the
crucial issue of accession (see Ian Copland’s essay “The
Abdullah Factor: Kashmir Muslims and the Crisis of
1947”). The people followed him up to Kohala (that is,
locally) and Jinnah beyond it.
FRONTLINE . MAY 27, 2016
Maharaja Hari Singh’s letter
SRINAGAR, KASHMIR
23rd October, 1947
I hereby authorise my Deputy Prime
Minister, R.B. Ram Lal Batra to sign the
document of accession of the State with
the Indian Union on my behalf, subject to
the condition that the terms of accession
will be the same as would be settled with
H.E.H. The Nizam of Hyderabad.
MAHARAJA
OF JAMMU & KASHMIR
WHAT LED TO THE ‘ACCESSION’
Chitralekha Zutshi holds that the Muslim Conference
“reigned supreme in Poonch and Jammu in 1946” while
the Valley was split. Shops displayed photographs of
Jinnah, Iqbal and Abdullah side by side (pages 298 and
303). What is clear is that on the issue of accession the
overwhelming view was for Pakistan. India’s leaders
knew that very well. The Defence Committee of the
Cabinet, Nehru in particular, knew that. Hence his ad-
vice to Kashmir’s Prime Minister, Meher Chand Maha-
jan, even as late as on October 21, 1947, just a day before
Pakistan’s tribal raids into Kashmir: “I feel it will prob-
ably be undesirable to make any declaration of adhesion
[to India] at this stage” (SWJN, Volume 4, page 274).
Kashmir’s Prime Minister Janak Singh opined on August
13, 1947, that “the bulk of Muslims will not accept (a)
decision to accede to India”. Nehru told the Committee
on October 25, 1947: “The question was whether tempo-
rary accession would help the people in general to side
with India or whether it would only act as an irritant.
There was bound to be propaganda to the effect that the
accession was not temporary and tempers might be in-
flamed”—that is, the people would resent Kashmir’s ac-
cession to India. The next day, N. Gopalaswamy
Ayyangar said that “immediate accession might create
further opposition”. Nehru opined that he would “not
mind Kashmir remaining an independent country [sic]
under India’s sphere of influence”. It was then decided to
accept the accession “subject to the proviso that a plebi-
scite would be held in Kashmir”. The Ministry of States
was directed to prepare a letter to the Maharaja on “the
temporary acceptance of the Instrument of Accession”
116
(Prem Shankar Jha, Kashmir 1947, State being a Hindu State, situated
Oxford University Press, appendic- in Muslim surroundings, finds itself
es IV and V). in a very delicate and difficult posi-
This explains why Mountbatten tion …” In a letter of June 16, he
told the visiting U.K. Minister Ar- wrote of Nehru: “After all, he is also
thur Henderson, on January 9, a Hindu and that a Kashmiri Hin-
1948, that Kashmir’s accession was du” (ibid, page 3). One wonders
“on a temporary basis and subject to whether he would have called Hyd-
a plebiscite” (Carter, Part I, page erabad a Muslim State. Nehru
154). would have been offended by Patel’s
The Maharaja’s panic can be remark.
gauged from a quaint, forgotten epi- One man, the brilliant Secretary
sode which his Prime Minister, in Patel’s Ministry of States, V.P.
Meher Chand Mahajan, mentioned Menon, kept his head. At a meeting
in 1963: “On 24 October the Deputy on May 11, 1947, Mountbatten
Prime Minister left Srinagar for noted that there were some States
Delhi carrying a letter of accession “which were geographically and eth-
to India from the Maharaja” (Look- nically almost bound to throw in
ing Back, page 150). In 1997, Alas- their lot with Pakistan”. Nehru said
tair Lamb remarked that India has that “the people of almost every State
“generally been careful to avoid spe- had openly declared in favour of
cific reference to this document” joining the Union of India”. He
(Incomplete Partition, page 143). It asked “what would happen if Hyd-
was published for the first time by erabad wanted to join Pakistan”.
the relentless researcher Andrew That is when V.P. Menon fired this
Whitehead in his book A Mission in deadly salvo. “It would produce a
Kashmir (Viking, page 1,022). I am very similar situation to Kashmir
grateful to him for providing me joining the present Constituent As-
with a copy of the letter dated Octo- sembly of India” (Transfer of Power,
ber 23. It reads: “I hereby authorise HMSO, Vol. X, page 764).
my Deputy Prime Minister, R.B. During talks with the Secretary-
Ram Lal Batra, to sign the docu- General of Pakistan’s Cabinet, Mo-
ment of accession of the State with hammad Ali, in November 1947, the
the Indian Union on my behalf, sub- latter asked whether a plebiscite was
ject to the condition that the terms really called for as Kashmir had a
THE HINDU ARCHIVES

of accession will be the same as Muslim majority. V.P. Menon re-

would be settled with H.E.H. The plied that “he entirely agreed that
Nizam of Hyderabad.” Kashmir would go to Pakistan” but
Patel added his bit to get the emphasised in view of what had
ruler to accede to India; significant- passed, a “formal” [sic] plebiscite
ly even before the Radcliffe Report, M A H A RA J A H A R I S I N G H. His note was essential. On November 3,
which awarded to India the con- (facing page) authorising his Deputy 1947, V.P. Menon met a delegation
necting link through Pathankot, Prime Minister to sign the instrument from Hyderabad. The minutes read:
was out. “You are aware that on 15 of accession on his behalf betrays how “MR. MENON opened the discus-
August, India, though divided, will jittery he was. sions by making reference to the
be completely free, and you also Kashmir problem … the States fall-
know that by this time a vast majority of the States have ing within the Dominion of India should join the Indian
joined the Constituent Assembly of India. I realise the Union and those adjoining Pakistan should go with that
peculiar difficulties of Kashmir, but looking to its history dominion … he believed that Kashmir should have joined
and its tradition, it has, in my opinion, no other choice” the Pakistan Union and the Government of India never
(SPC, page 32). desired the accession of Kashmir to the Union of India.
He played the communal card on June 18. “The Kash- But it was impossible for the Government of India to sit
miri Pandits and the Hindus form a very small propor- silently when Kashmir and Jammu were being raided
tion of the population, and they are comparatively better and ruined by marauders and freebooters” (Constitu-
off. The poorer majority which is getting conscious, is tional Discussions, Government of Hyderabad, Volume
trying to assert itself and the conflict of interest is cre- 2, page 193).
ating a situation in which the minority finds itself in an In a taped interview to his predecessor as Reforms
unenviable position and lives in a state of perpetual Commissioner, H.V. Hodson, in September 1964, V.P.
insecurity and fear, resulting in demoralisation. The Menon said: “As for plebiscite, we were absolutely, abso-

117 FRONTLINE . MAY 27, 2016

lutely dishonest.” Nehru had other ideas. Less than a
month after Kashmir’s accession and its accompanying
pledge to its people of reference to them and of plebiscite,
he had decided to back out.
He wrote to Abdullah on November 21, 1947: “You
will appreciate that it is not easy for us to back out of the
stand we have taken before the world. That would create
a very bad impression abroad and more specially in U.N.
circles. … If we said to the U.N.O. that we no longer stand
by a referendum in Kashmir, Pakistan would score a
strong point and that would be harmful to our cause. On
the other hand, if circumstances continue as they are and
the referendum is out of the question during these next
few months, then why worry about it now. … There is no
difference between you and us on this issue. It is all a
question of the best tactical approach. I would personally
suggest to you not to say anything rejecting the idea of a
referendum….” (SWJN, Volume 4, pages 336-337). This
makes one doubt whether he ever intended to hold
plebiscite.
CONCURRING INTERESTS
The interests of all coincided. Nehru, the Indian nation-
alist, and Patel, the Hindu nationalist, decided to renege
on the nation’s solemn pledges on plebiscite to the people
of Kashmir, to Pakistan, and as Nehru himself said, to the
world. Sheikh Abdullah, the Kashmiri nationalist, fer-
vently went along because a plebiscite, as all three knew,
would have gone in favour of Pakistan. The Sheikh, there-
fore, sought desperately a settlement with Pakistan other
than by a plebiscite and retention of Kashmir’s autono-
my, meanwhile. The record shows that he was snubbed in
both ventures.
On August 25, 1952, Nehru sent him a note that he
had written in Sonamarg—finalise the accession through
Kashmir’s Constituent Assembly. Both the U.N. and Pa-
kistan were impotent. Kashmiris would submit. “It must
be remembered that the people of the Kashmir Valley
and round about, though highly gifted in many ways—in
intelligence, in artisanship, etc.—are not what are called
a virile people. They are soft and addicted to easy living. …
The common people are primarily interested in a few
things—an honest administration and cheap and honest
food” (SWJN, Volume 19, pages 328-329). No Kashmiri
would utter those words for his own people. Nehru’s
outlook was moulded in the political climate of Uttar
Pradesh, to which he really belonged. It was exposed also
to the Prime Minister of Pakistan, Mohammad Ali Bogra,
when they met in New Delhi on August 17, 1953: “Most
people, of course, were hardly political and only cared for
their economic betterment” (Selected Works of Jawahar-
lal Nehru, Volume 23, page 332).
This is the Development Thesis of today: Kashmiris
have no soul. Feed them; they will submit. Abdullah
derived his power from the people. If their views on
accession to India continued to diverge, without any
hope of reconciliation, he refused to act as India’s stooge
and lose everything. Nehru, in contrast, was happy with
the facade of a popular regime headed by the Sheikh,
FRONTLINE . MAY 27, 2016 118
regardless of the depth or quality of its popular support—
a policy being pursued to this day.
Abdullah set up an eight-member committee of his
party in May 1953 to evolve a solution that Pakistan could
accept. Unbeknown to him, a couple of them had secretly
gone over to Nehru. He had the Sheikh arrested on
August 9 to replace the Kashmiri nationalist by a succes-
sion of stooges, bar an interval (1977-84).
Nehru’s record is seriously blemished by two facts; he
knew that the people rejected India’s rule but, nonethe-
less, kept on promising to abide by their wishes from 1947
to 1954. Indira Gandhi had informed her father in a letter
from Srinagar on May 14, 1948: “They say that only
Sheikh Saheb is confident of winning the people…” (So-
nia Gandhi (Ed.), Two Alone Two Together, Penguin,
2005; the suspension marks, which suppress the rest, are
made by the distinguished editor herself for reasons not
hard to guess). A host of impartial observers agreed. Two
days before Independence, the British Resident in Kash-
mir reported to the Viceroy’s Principal Secretary, Sir
George Abell: “I saw new Prime minister [General Janak
Singh] yesterday, and he is aware of the situation and
although inclining towards India as a Hindu, realises
bulk of Muslims will not accept decision. He therefore
wishes for agreement for both” (Transfer of Power, Vol-
ume XII, page 696).
Major W.P. Cranston of the British High Commis-
sion stayed in Srinagar from October 10 to October 14,
1947, and wrote a report on “The political situation in
Kashmir” on October 18, giving his assessment. He
wrote: “The future, however, is very uncertain and de-
pends entirely on when the Maharaja makes his an-
nouncement as to whether Kashmir should remain
independent or accede to either of the two Dominions …
it was thought probable that he would then declare the
accession of Kashmir State to the Dominion of India.
This would cause an immediate reaction throughout the
State by the Muslim population which numbers about 80
to 90 per cent and which is strongly opposed to any union
with the Indian Government (Lionel Carter (Ed), Parti-
tion Observed, Volume 2, Manohar, 2011, page 523).
Carter has also edited Completing the First Year of
Independence: British Official Reports from South Asia; 1
May–17 September 1948 (Manohar, 2016). The docu-
ments he reproduces tell the same tale.
An official of the U.K. High Commission reported
from Srinagar on April 30, 1948: “While everyone con-
sidered that a plebiscite would lead to an overwhelming
vote in favour of Pakistan, they could not believe that
India would voluntarily quit Kashmir. … There was no
doubt in the minds of any of the Indians I spoke to that
the plebiscite would go in favour of Pakistan. .. I con-
clude, therefore, that the Indian Army, like most armies
of occupation, is strongly resented by the great majority
of Kashmiris” (Part 1, page 178).
Sir Terence Shone, the High Commissioner, reported
to London on May 24, 1948: “Two members of this High
Commission, who recently paid separate visits to Srina-
gar, came away with the impression that if a fair plebi-
scite were held in the Vale of Kashmir it would go in
favour of Pakistan. Impartial sources also say that the
recent Independence Celebrations aroused far less pop-
ular enthusiasm than the Indian press suggested.”
John Shattock, ICS, who had served in Kashmir,
reported to London on June 4: “British missionaries who
live in outlying areas in the Vale of Kashmir all think that
a fair plebiscite would go in favour of Pakistan. As these
missionaries are very close to the ground and have no axe
to grind one way or the other, they must be considered as
pretty reliable exponents of public opinion.”
A High Commission official who visited Kashmir
(May 14-19, 1948) reported in detail: “It seems that
Sheikh Abdullah’s position has been somewhat weak-
ened as a result of: (a) The presence of the army of
occupation; the people are said to be terrified of the
Sikhs. On the other hand Major General Thimayya said
that relations between the troops and the civil population
were excellent and that people were coming in from the
surrounding districts giving intelligence of the approach-
ing raiders. Their cooperation with the Army was good.
(b) The lack of food supplies during the last severe winter
owing to the closing of the road to Rawalpindi. (c) Stories
of atrocities by the Indian Army brought up by refugees
from Jammu. (d) Dislocation of trade by reason of the
closing of the road to Rawalpindi. (e) High government
officials are going about in cars and generally living at a
high standard, whereas the common people are suffering
from shortages. The fact that the Indian Army saved
Srinagar seemed to be forgotten in view of the winter and
present discomforts. …
“Kashmir’s trade outlet is to Pakistan rather than to
India and by the road to Rawalpindi. Its export(s) of
timber are by river and arts and crafts by road. Imports
were also via this road. The road over the Banihal Pass
cannot take this traffic and as a result trade is at a
standstill.”
Alexander Symon, the Deputy High Commissioner in
New Delhi, had easy access to all. He reported on Sep-
tember 12, 1948, on what the U.N. Commission had
learnt. “Almost all the members of the [Kashmir] gov-
ernment both individually and in groups had told the
members of the U.N. party that they were in favour of an
independent Kashmir. They were very apprehensive,
however, lest their views might become known to the
Indian government. On their return from Karachi the
main Commission had been considering this possible
solution, but almost all of them were very scared about it.
The members of the Kashmir government had also told
U.N. party that Sheikh Abdullah on behalf of the Nation-
al Conference would be prepared to meet and talk with
Ghulam Abbas on behalf of the Muslim Conference.
Sheikh Abdullah himself and Afzal Beg (the Revenue
Minister and a comparative moderate) were the prime
movers in favour of this.” A report by Symon directly to
Prime Minister Clement Attlee mentioned Sardar Ibra-
him, in Pakistan-administered Kashmir’s disclosure that
“Abdullah had in fact been making advances to him”.
We have an impeccable source in Jayaprakash Na-
119
rayan’s letter to Nehru on May 1, 1956. He warned: “From
all the information I have, 95 per cent of Kashmir Mus-
lims do not wish to be or remain Indian citizens. I doubt
therefore the wisdom of trying to keep people by force
where they do not wish to stay. This cannot but have
serious long-term political consequences, though imme-
diately it may suit policy and please public opinion. From
the point of view of the desirability of establishing a
peaceful social order, it cannot but prove disastrous. I do
earnestly wish that this question be considered more
from a human rather than a nationalist point of view
(Bimal Prasad (Ed), Selected Works of Jayaprakash Na-
rayan, 1964, Volume 7, page 115).
We learn every day from reports from Kashmir that
its people’s opinions have remained the same even fifty
years later in 2016. They have not acquiesced in, still less
submitted to, India’s rule. They still fling in its face the
pledges made by Jawaharlal Nehru form 1947 to 1954,
when he publicly reneged on them. On a rough tab-
ulation there are nearly 30 of them. Here are a few.
NEHRU’S UNKEPT PROMISES
To Liaquat Ali Khan, on October 26, 1947: “I should like
to make it clear that the question of aiding Kashmir in
this emergency is not designed in any way to influence the
State to accede to India. Our views which we have repeat-
edly made public is that the question of accession in any
disputed territory or State must be decided in accordance
with the wishes of the people and we adhere to this view”
(White Paper on Jammu and Kashmir 1948, page 46). It
was also sent to Attlee.
Further, “our assurance that we will withdraw our
troops from Kashmir as soon as peace and order are
restored and leave the decision about the future of the
State to the people of the State is not merely a pledge to
your Government but also to the people of Kashmir and to
the world ” (ibid, page 51, paragraphs 5 and 7).
Vallabhbhai Patel’s speech at a public meeting in
Bombay on October 30, 1948: “Some people consider
that Muslim majority area must necessarily belong to
Pakistan. They wonder why we are in Kashmir. The
answer is plain and simple. We are in Kashmir because
the people of Kashmir want us to be there. The moment
we realise that the people of Kashmir do not want us to be
here, we shall not be there even for a minute” (The
Hindustan Times, October 31, 1948).
Nehru’s speech at Calcutta on January 1, 1952: “If
then, the people of Kashmir tell us to get out, we will do
so. We will not stay there by force. We did not conquer the
territory. There is no doubt about it that he [Sheikh
Abdullah] is the leader of the people of Kashmir, a very
great leader. If tomorrow Sheikh Abdullah wanted Kash-
mir to join Pakistan, neither I nor all the forces of India
would be able to stop it because if the leader decides, it
will happen. … Since the matter has been referred to the
U.N., we have given our word of honour that we shall
abide by their decision. India’s pledge is no small matter
and we shall stick by it in the eyes of the world” (SWJN,
Volume 17, pages 76-78).
FRONTLINE . MAY 27, 2016
 In Parliament on June 26, 1952: “And I say with all
respect to our Constitution that it just does not matter
what your Constitution says, if the people of Kashmir do
not want it, it [the Army] will not go there. … It might
pain us but we would not send an Army against them, we
might accept that, however much hurt we might feel …
and we would change our Constitution about it” (ibid.,
Volume 18, page 418).
In Parliament on August 7, 1952: “So while the acces-
sion was complete in law and in fact, the other fact, which
has nothing to do with law, also remains, namely our
pledge to the people of Kashmir. If you like, to the people
of the world, that this matter can be reaffirmed or can-
celled or cut out by the people of Kashmir, if they so
wish.We do not want to win people against their will and
with the help of armed forces, and if the people of Jammu
and Kashmir State so wish it, to part company from us,
they can go their way and we shall go our way. We want
no forced marriages, no forced unions like this. I hope
this great Republic of India is a free, voluntary, friendly
and affectionate union of the States of India. … ultimate-
ly—I say with all deference to this Parliament—the deci-
sion will be made in the hearts and minds of the men and
women of Kashmir, neither in this Parliament, nor in the
United Nations, nor by anybody else” (ibid., Vol. 18,
pages 293-296). This puts paid to the resolutions by
Parliament.
How is this consistent with his private resolve in
1948, as he admitted to Abdullah on August 25, 1952, not
to hold a plebiscite? As India’s forces launched an offen-
sive, Mountbatten, architect of the accession, got
alarmed and wrote a stiff letter of seven pages on Decem-
ber 28, 1947 “as your Governor-General” warning him
FRONTLINE . MAY 27, 2016 120
THE I N TE R N ATI ON AL People’s Tribunal on Human
Rights and Justice in Jammu and Kashmir and Association
of Parents of Disappeared Persons conveners and members
Gautam Navlakha, Advocate Parvez Imroz, Zahir-ud-din,
Kartik Murukutla, and Khurram Parvez, release “Structure
of Violence: The State in Jammu Kashmir”, a report on
human rights violations in Kashmir, in September 2015.
that “it would be morally unjustifiable to try by force of
arms to inflict our (sic) will on a predominantly Muslim
population”. Did not this apply also to the entire State?
Nehru riveted Central control over the State once he put
the Sheikh behind the bars. Jinnah was as culpable in this
tragedy. He it was who fired the first shot, immediately
after the Partition, to launch a Cold War with India by
accepting Junagadh’s accession. He went on to contin-
uously egg on Hyderabad not to accede to India and
eventually sent the raiders into Kashmir on October 22.
They came with his full knowledge. On November 1,
1947, at Government House in Lahore, Mountbatten
presented him with a written proposal for plebiscite in
States where the rulers did not belong to the same reli-
gion as the people. Jinnah rejected it demanding exclu-
sion of Hyderabad. The proposal envisaged “that a joint
India-Pakistan force should hold the ring while the plebi-
scite is being held”. Pakistan’s troops would have entered
Srinagar. In 1965, Pakistan launched a war. Had it won,
would it have held a plebiscite? How can it demand a
plebiscite after it lost at its own chosen forum, the battle-
field? The 1971 war led to the Shimla Pact of July 3, 1972.
IMPACT OF INDIA-PAKISTAN WARS
The impact of the wars on the Sheikh’s leverage is little
 NISSAR AHMAD
understood. The 1947 war extinguished the option of
independence; the 1965 war extinguished plebiscite; the
Shimla Pact buttressed the status quo. He signed a pact
with Indira Gandhi in 1975 in an abject surrender and
went on as before to preside over a corrupt and author-
itarian regime. In 1947, he had thrown people across to
Pakistan-administered Kashmir, invoking the dreaded
Enemy Agents Ordinance. Eminent Kashmiris suffered
this fate. The Centre gained. In 1975 he accepted its
terms. In 1982, his son Farooq Abdullah emulated the
example of his predecessors in the years from 1954 to
1975.
The outbreak of militancy in 1989 found an inept
separatist leadership surcharged with ego and bereft of
sense and statesmanship. We owe it to the brave lawyer
Parvez Imroz and his team who have fought for redress
against the Army and the paramilitary’s outrages since
1990. He set up the Association of Parents of Disap-
peared Persons. Those who persist in denial should read
the 804-page volume, Structures of Violence: The Indian
State in Jammu & Kashmir (Khurram Parvez, The
Bund, Amira Kadal, Srinagar, Rs.400). The J&K Coali-
tion of Civil Society pursues cases in court. The report
documents in detail extra-judicial killings of 1,080 per-
sons and enforced “disappearances” of 170 people, be-
sides cases of torture and sexual violence. There are
detailed case studies of extra-judicial killings and disap-
pearances. A particularly useful part of the report is its
description of the army’s set-up in J&K. It is a massive
document based on irrefutable evidence.
Do You Remember Kunan Poshpora? by Essan Ba-
tool, Ifrah Butt, Samreena Mushtaq, Munaza Rashid and
Natasha Rather was published in the Zubaan Series on
121
PTI
FAR OOQ A BD ULLA H addressing a rally in Anantnag on
April 21. He said that in Kashmir “people love Pakistan” and
not all the treasures that New Delhi cared to throw at them
would change that sentiment.
Sexual Violence and Impunity in South Asia (Zubaan,
page 228, Rs.395). Zubaan, which means the tongue, is
an independent feminist publishing house. This book,
published with the support of the International Devel-
opment Research Centre, is a thorough exposure of rape
as a weapon to silence people. The book concerns “the
mass rape, in the two villages (Kunan & Poshpora) of 31
women by the 4th Regimental Rifles regiment of the
Indian Army on February 23, 1991” and is based on
documents and interviews. The late B.G. Verghese and
his Press Council’s report is not the only one to be dis-
credited in this episode. (See also Seema Kazi’s expose,
“Sexual Crimes by State Personnel and Kashmir’s Case
for Self Determination”, in Narrator, April 2016). She
cites a report by Medicins Sans Frontieres entitled
“Kashmir: Violence and Health”.
Such misdeeds fuel popular wrath. The Army respon-
ds by refusing real accountability. Its demand for the
retention of the Armed Forces Special Powers Act (AF-
SPA) reflects its distrust of civilian authority. For, even
without AFSPA, no proceedings can be launched without
the government’s sanction. What AFSPA guarantees is
total immunity from accountability.
Two more factors have come to the fore, the Modi
government and the Pandits. On New Year’s Day, 1952,
Nehru said: “Just imagine what would have happened in
Kashmir if the Jan Sangh or any other communal party
had been at the helm of affairs? The people of Kashmir
FRONTLINE . MAY 27, 2016

Jinnah wanted Kashmir,
without Abdullah; Nehru
wanted Abdullah without his
people. The Sheikh wanted a
third way but failed.
say that they are fed up with this communalism. Why
should they live in a country where the Jan Sangh and the
RSS [Rashtriya Swayamsewak Sangh] are constantly
beleaguering them? They will go elsewhere and they will
not stay with us” (SWJN, Volume 17, pages 77-78).
Yet, when, on April 10, 1952, Abdullah gave his fa-
mous speech at Ranbir Singh Pora in Jammu, Nehru
resented it. “Kashmir’s accession to India will have to be
[of] a restricted nature so long as communalism has a
foothold on the soil of India.” The Sheikh was alluding to
the rise of the Jan Sangh established a few months earli-
er. The Modi government is pledged to Hindutva. It has
nothing to offer to Kashmir except promises of devel-
opment, or to Pakistan except conditional promises of a
dialogue—no substantial concessions to either.
It is a dismal situation. After 1965, secession is ruled
out. Is continued oppression the only alternative to it?
The Modi government’s stand on the Pandits is in glaring
contrast to its indifference to the plight of Kashmiris
within Kashmir and outside within India; especially of
Kashmiri students.
Mridu Rai, who teaches history at Yale University,
has described their behaviour in her acclaimed book,
Hindu Rulers, Muslim Subjects (Permanent Black, page
297). She writes: “It was the tendency of the Kashmiri
Pandits to turn to India, with its comfortable Hindu
majority, when in trouble in Kashmir that earned for
them the honour of being secular nationalists. … In
contrast, the Kashmiri Muslims’ demands for a similar
protection of rights, denied to them as a religious com-
munity by both a Hindu Dogra and a ‘secular’ Indian
state, has been all too easily misread as engaging in an
illegitimate politics of religious fundamentalism. This
duality in nationalist treatment is born, in the ultimate
analysis, of the fact that Kashmiri Muslims have, by and
large, chosen to tread a path all their own and certainly
one that leads them neither to Delhi nor to Islamabad.
Above all, the clamour by Kashmir’s Muslims is for a
legitimate government. It is the helplessness in which
they were placed first by their Dogra rulers and then by
Indian politicians, each neglecting to negotiate their le-
gitimacy with the popular constituency of Kashmir, that
has provoked a militant response.”
Omar Abdullah said twice, on October 28, 2009, and
July 2, 2010, that “the youth of Kashmir did not pick up
the gun for money”, or jobs, but for “political reasons”. It
is perfectly possible to conciliate Kashmiris as well as
FRONTLINE . MAY 27, 2016 122
Pakistan. Maximum autonomy, or azadi, for both East
and West Kashmir, in agreement with the people and
with Pakistan is a possible solution.
A former Research and Analysis Wing chief told this
writer what he found in track-two diplomacy: Pakistan is
a country with a grievance. Pakistan feels wronged by a
more powerful neighbour’s breach of commitment to
hold a plebiscite which it was powerless to prevent. That
explains why it makes Kashmir a “core” issue. This griev-
ance will not vanish. It must be addressed. There will be
no peace in South Asia without a settlement of the Kash-
mir dispute acceptable to all the three parties. Neither
the people of Kashmir nor Pakistan will acquiesce in a
status quo established by armed force as envisaged in
Nehru’s Note of August 25, 1952. The people will not
accept an accord with India unless Pakistan is also a party
to it; for Pakistan is not only a party to the dispute, it is
also a party present in Kashmir itself. On April 21, even
Farooq Abdullah testified: “Here in Kashmir people love
Pakistan. Even if you [New Delhi] throw all your treasur-
es upon them, you can’t take away the sentiment from
their hearts” (Greater Kashmir, April 22).
FAILED ALTERNATIVES
The alternatives that have been tried are ineffective and
sordid. A.S. Dulat, former RAW chief, tells us that the
Intelligence Bureau “was most active, most feared and
most denounced in Kashmir. The ISI [Inter-Services
Intelligence]… knew exactly how key the I.B. was to the
Central government’s hold on Kashmir” (Kashmir: The
Vajpayee Years, page 61). Is this how a Union should hold
a State? The I.B. does not collect intelligence in Kashmir.
It bribes politicians and others, besides playing other
sordid games. (See the writer’s article, “Bribes and spies”,
Frontline; October 30, 2013).
Operators like Dulat have a tunnel vision. He boasted
to Tehelka, on August 26, 2006, how he had wooed
Shabir Shah and “set up a meeting … in Kathmandu” but
the Prime Minister’s Office backed out. For all his years
in Kashmir, he does not realise that if the PMO had not
resiled, Shabir Shah would have been stripped of all
worth as a defector (Shah contests Dulat’s version). This
is the nub of the matter—New Delhi simply refuses to
reckon with the people’s views. The harsh reality is that
both Jinnah and Nehru coveted the land of Kashmir;
neither cared for its people.
Jinnah wanted Kashmir, without Abdullah; Nehru
wanted Abdullah without his people. The Sheikh wanted
a third way but failed and accepted defeat. The people
bitterly recall the Sheikh’s abject surrender but also re-
member his sacrifices and his treatment by Nehru. It was
he who held a vision before them for forty years, from
1935 to 1975. That vision moves the people despite me-
mories of his wrongs.
In 1989, the latent wrath of the Kashmiri flared up.
Pakistan supplied the gun; India built up the wrath, and
that wrath will not subside now. It cannot be crushed by
bribery or force. Indian nationalism must come to terms
with Kashmiri nationalism. 첸
 SPOTLIGHT

Malegaon’s innocents
The nine Muslim men who were arrested and charged with serious
offences soon after the 2006 Malegaon blasts, but were not discharged
even after an evidence trail emerged to expose a possible Hindutva plot,
have been acquitted. Who will answer for the lost years of their lives?
BY ANUPAMA KATAKAM IN MALEGAON

PRASHANT NAKWE

SHAB-E-BARAT is considered
among the holiest nights by Mus-
lims. Like thousands around the
world, the Muslim community in
Malegaon, a town 300 kilometres
from Mumbai, observes this night
with fervour and reverence. In 2006,
as the community prepared to attend
the prayers, a series of powerful
bombs exploded at Mushawerat
B A D A K A B RA S TAN , one of the explosion sites in Malegaon in the 2006
attack. The order acquitting all the local residents who had been booked for the
attack was given by a sessions court in Mumbai on April 26.
Chowk and Bada Kabrastan in the begin, the death toll would have been
congested Muslim quarter. Thirty- much higher. Within days of the
seven people died and over 300 were blasts, nine Muslim men from the
injured. It is widely believed that had town were arrested.
the blasts taken place later in the A decade later, on April 26, a ses-
evening, when the prayers were to sions court in Mumbai acquitted all
123 FRONTLINE . MAY 27, 2016
 Arabia. He had just returned from

The scapegoats Saudi Arabia, where he worked as a

FRONTLINE met two of the eight
men acquitted in the Malegaon
blasts case and briefly profiled the
others through material gathered in
Malegaon.
Dr Farogh Iqbal Ahmed
Magdumi, 42
Magdumi has a popular unani
medicine practice in Malegaon. Lo-
cal residents say he works hard on
his practice and often treats patients
for free if they cannot afford his fees.
He never turns anyone away and is
always willing to help the poor. He is
also deeply involved in spreading
religious learning. But he has a fiery
temper and does not gladly suffer
fools. Magdumi, who fought his
own case, filed 700 RTI (Right to
Information) applications while he
was in jail.
Following his acquittal, he
spoke to Frontline about the blatant
injustice and violations he has faced
ever since the 2006 Malegaon blasts
and his subsequent arrest.
“They targeted me. I was coming
up in life and some people in the
town could not handle my success,
so they used the police, who came
after me. This was a vendetta game.
I used to help a lot of people and I
also taught the Quran to people. In
fact, I tried hard to make people
aware of fake godmen and other
such religious nonsense. I believe
some people wanted to get rid of me
and the police informers gave false
information to the authorities. I also
tailor. Masiullah was held respon-
sible for procuring the RDX to make
believe the police and investigative the bombs and was called the chief
agencies are very corrupt. They conspirator. Mansuri, who had also
make use of terror to increase their lived in Saudi Arabia for a short pe-
budgets and then siphon the funds. riod, came back to Malegaon in
“The five years I spent in jail 2004 and started an imitation jew-
ruined my life and my source of in- ellery business. He lost his business
come came to an end. I spent all my when he was arrested and is trying
money on the courts and in jail. At hard now to reconstruct his life.
least ,I had some finances; the oth- Noorulhuda Shamshodduha, 32
ers charged had absolutely none. I Noorulhuda Shamshodduha
maintain my innocence and I am was a power loom worker and lived
prepared to speak publicly about
the wrong done to us and how our
constitutional rights have been
snatched. Anyone can check my
background. It is completely clean.
“Even though I am bitter from
the experience, I am prepared to
work with anyone to serve my coun-
try. This will not affect the work I
do.”
Raees Ahmed Rajjab Ali
Mansuri, 43
Mansuri’s connection to the
case was just that he was the broth-
er-in-law of Shabbir Masiullah. Ma-
siullah, who died in an accident last
year, was arrested in the case report-
edly because of his links to Saudi
S O M E O F T HE M E N acquitted by
the sessions court in April. (From
left) Maulana Abdul Hameed Azhari,
who provided legal assistance to the
accused men from Malegaon,
Salman Farsi; Dr Farogh Magdumi,
Noorulhuda and Raees Ahmed
Mansuri celebrating the verdict
outside the court.

of them. The judge, V.V. Patil, said:
“In my view, the basic foundation or
the objective shown by ATS [Anti-
Terror-Squad] behind the blast is
not acceptable to a man of ordinary
prudence. I say so because there was
‘Ganesh immersion’ just prior to
September 8, 2006…. Had accused
No. 1 to 9 any objective that there
should be riots at Malegaon, then
they ought to have planted bombs at
the time of Ganesh immersion which
FRONTLINE . MAY 27, 2016
would have caused death of most
Hindu people. It seems to me highly
impossible that accused No. 1 to 9,
who are from Muslim community,
would have decided to kill their own
people to create disharmony be-
tween the two communities, that too
on a holy day i.e., Shab-e Barat.”
The judge noted that there was
not sufficient ground to proceed
against the eight men (the ninth ac-
cused, Shabbir Masiullah, died in an
124
accident early last year) and ordered
that they be “set at liberty”.
The complete story behind the
blasts may take time in emerging,
but this case once again reflects how
flawed India’s investigation process
is when it comes to cracking terror
cases.
It also brings to the fore divisive
political agendas and highlights se-
vere human rights violations.
Nine men languished in jail for
on daily wages. The police arrested
him because they had been looking
for one Noorulhuda who supposed-
ly belonged to the Student Islamic
Movement of India (SIMI).
Mohammed Zahid Abdul Majid
Ansari, 34
Ansari was in Yavatmal when
the blasts took place. He was an
imam and was once caught by the
police for putting up religious post-
ers and hence was on their radar.
Ansari’s only income now comes
through selling fodder in the morn-
ing and firewood in the evening. He
five years (they were granted bail in
2011) with no defence. Most of them
were too poor to afford legal help. In
fact, one of them could not come to
Mumbai for the acquittal hearing be-
cause he could not afford the fare.
Their innocence was proved only
because investigative agencies did
not have enough evidence. It needs
to be asked why it took 10 years to
reach this conclusion.
In this time, lives have been
could not afford the travel to Mum-
bai for the acquittal hearing.
Abrar Ahmed Gulam Ahmed, 31
This is the most curious case of
them all. Ahmed was once a police
informer. He apparently told the
police that he overheard some
Hindu doctors say on the day of the
blasts “It is our people who did this”.
After this, he claims, the police
“betrayed” him, moved him to
different cities, told him that he had
a bad name in Malegaon because he
was connected to the blasts, and
that any relatives he tried to contact
DEEPAK SALVI
scarred and entire families destroyed
by crimes in which they were not
involved.
Is there any provision to compen-
sate for the time lost? Further, why
were they not set free when evidence
emerged to implicate others for the
crime?
The Malegaon blasts case is a
murky one with multiple layers of
complexity. It led to the discovery of
a sinister plot involving Hindu fringe
125
would be shot. Ahmed also says he
met Sadhvi Pragya Singh and Lt
Col. Purohit along with police
officers. They reportedly told him
that he would be rewarded well if he
kept his mouth shut. (See
interview.)
Salman Farsi Abdul Latif Aimi,
44
Aimi is the uncle of Noorulhuda
Shamshodduha. The ATS claimed
he planted explosives at
Mushawerat Chowk. After his arrest
he lost his livelihood. He now lives
in Nampur near Malegaon and
works in a medical emergency unit.
Aimi says he will fight for
compensation for the 10 years that
he lost.
However, he is relieved to be a
free man now and cleared of charges
of being a terrorist.
Asif Khan Bashir Khan, 43
The police claim he was a radical
as he fought for the rights of the
downtrodden in Jalgaon. They also
claim he was a member of SIMI and
brought Pakistani nationals to
Malegaon with the objective of
radicalising them.
He is acquitted in the Malegaon
case, but is on the death row for the
7/11 Mumbai train blasts. He hopes
that justice will prevail eventually,
says a source who knows Khan’s
story.
Shaikh Mohammed Ali, 45
Ali has also been accused of
harbouring Pakistani nationals. He
is serving life imprisonment for the
train blasts. He is also booked for
being a SIMI member.
Anupama Katakam
groups, which eventually led to the
exposing of rising saffron terror in
the country.
NO JUSTICE FOR THE
ACQUITTED
In spite of evidence leading to Hindu
extremist groups in the terror plot,
the Malegaon accused remained in
jail for many years. The ATS did not
drop the accusations against them. It
was only after the National Investi-
FRONTLINE . MAY 27, 2016

Double betrayal
THIRTY-ONE-YEAR-OLD Abrar
Ahmed, soft-spoken and mild-man-
nered, does not seem like a fire-
brand of any sort. He was one of the
key accused in the case. Ahmed is an
electrician and also a real estate
businessman. Ahmed, who was re-
portedly a police informer before
the blasts, turned approver in the
case after his arrest. A few days after
his acquittal, he spoke to Frontline
at his Malegaon residence, narrat-
ing slowly and carefully the interest-
ing and disturbing story of what
happened to him after the bomb-
ings. Sources in Malegaon say
Ahmed was a known police inform-
ant who ended up being used as a
scapegoat. His case is a curious one.
For those who follow the case, most
of his account matches information
out in the public domain. Here is
what he told this correspondent:
“When I heard of the blast, I
went to help the victims and take
them to hospital. At the hospital I
overhead two doctors say ‘our peo-
ple exploded this bomb’. We were at
the Farhan Hospital, and there is a
record of my giving blood at that
time. I did not know what to do with
this information and felt I had to tell
someone. My wife’s brother, Fa-
rookh Wardha, was at home and I
told him. He told me not to tell any-
one. Five days later, the police came
gation Agency (NIA) took over the
probe in 2011 and said there was lit-
tle evidence to prosecute them that
they got bail.
According to a source in Male-
gaon, the ATS, in complicity with the
local police, who were clearly under
pressure to produce answers after
the blasts, decided to pick up nine
local residents on cooked-up charg-
es. “Some of these men were targets
of local rivalries, others had vague
links to people connected to orga-
nisations. One of them just had a
name that sounded similar to that of
another wanted man,” the source
FRONTLINE . MAY 27, 2016
ANUPAMA KATAKAM
A B RA R A H ME D . His is the most
curious case of them all.
home and said I should come with
them to give my testimony. They
would bring me back soon after.
I went with them. It would take
two years before I saw my family
again. The police took me to Jagtap
Colony in Nashik. My wife, Janat
Unisa, and Wardha joined me
there.
We waited for an entire day to
meet the judge, but it did not hap-
pen. When I asked to be allowed to
go home, Rajvardhan [S.P., Male-
gaon] told me some local papers
had carried reports that I was a po-
lice informer and it would be dan-
gerous to go back. The three of us
were taken by road to Jaora in Mad-
hya Pradesh. From there we were
taken to Indore and then Ujjain. A
policeman called Arun Bhog ac-
said. The “conspirators” were too
poor and scared to fight their cases.
The police allegedly told them that
any relatives they tried to contact
would be killed. They were also told
that people in Malegaon were angry
and would kill them if they came
back. “These men are not empo-
wered or equipped to take on the
establishment. Confessions were ap-
parently forced and torture was part
of the process,” the source said.
Finally, the Jamiat Ulema-e-
Hind in Malegaon put together fi-
nances and arranged legal assistance
for the accused.
126
companied us through the journey.
We were kept at guest houses and
made to visit some temples. I could
not understand what they were do-
ing. Then one day I was taken to a
temple in Dewas, where I met Sadh-
vi Pragya Singh Thakur. She told
me: ‘Give Rajvardhan your support
and we will give you anything.’ Then
I was taken back to Nashik and kept
there for at least 10 days. They took
me to Mumbai, saying I had to de-
pose before a judge. The police told
me if I didn’t agree my family would
face the consequences—We will
shoot them (‘goli marenge’), they
said. I was scared and told the court
that I had gone voluntarily to In-
dore and Ujjain. Once again I was
put on the road and taken to Deola-
li, where I met Col. Purohit, who
also asked me to cooperate with the
police. Rajvardhan was with me
then. I was brought back to Mum-
bai’s Chandan Chowki in Juhu.
Here they tortured me severely
—kept beating me and telling me to
identify people in some photo-
graphs. These people would be
charged for the blasts. My nails fell
out because of the torture, I got fe-
ver and was finally taken to hospital.
When I told the doctors they told
me to approach the Mumbai police.
I was taken to meet a police officer,
Brijesh Singh, who told me to wait
for a few days to meet the judge who
would decide whether to let me go.
After another medical [examin-
ation], I was told I was going to a
Maulana Abdul Hameed Azhari,
who had helped the men in their le-
gal battle, said: “The fact is that these
men were framed. The police had no
answers and therefore caught some
Muslims and charged them. When
the truth about saffron terror came
out, they were still not released. That
is injustice and a violation of human
rights. If you look at their profiles,
not one would seem to have a terror
background.”
Mubasshir Mushtaq, a local jour-
nalist who has followed the case, said
the ATS shamelessly tried to build a
fictitious case against the men but

‘big house’. This was Arthur
Road Jail in Mumbai. I spent
18 hours in this jail and then
was taken to another court.
Here I fainted from the exhaus-
tion. I woke up in ward 46 of
the Byculla Jail. This would be
my home for a while.
Rajvardhan came to meet
me and again I was told to
cooperate. I was scared they
would kill my brothers and
signed whatever confession
they wanted me to.
It was around this time that
Wardha and my wife told me
they had sold me out to the
ATS. They said the police had
given them Rs.25 lakh and im-
movable property to bring me
in. Janat Unisa even gave the
police a photograph of me
meeting the Sadhvi in the tem-
ple. I felt deeply betrayed.
Strangely I bumped in to
the Sadhvi at the Byculla Jail
and she told me: ‘Abrar stay
away from me or you will be in
trouble.’
After Karkare’s investiga-
tion, we knew we had some
hope. I had finally contacted
my family and even though my
letters were censored I was able
to keep in touch. My older
brother and lawyer, Jaleel An-
sari, helped in the case. I have a
lot more to say but will save it
for another day.”
Anupama Katakam
failed miserably. “Some of these men
got into trouble because of false in-
formation given by people who had
petty grievances.”
FLAWED INVESTIGATION
A year before the Malegaon blasts,
explosives were found at the homes
of members of Hindu extremist
groups in different parts of Maha-
rashtra. In Nanded, two Bajrang Dal
workers had died while assembling
explosives. Some mysterious blasts
had taken place in Parbhani, Purna
and Jalna and there were murmurs
of Hindu right-wing activists at-
tempting terror strikes. In December
2006, the ATS filed a charge sheet
against the nine men they arrested
under MCOCA (Maharashtra Con-
trol of Organised Crime Act, 1999).
There was reportedly much anger
against the police in Malegaon, par-
ticularly against Superintendent of
Police Rajvardhan Singh, who re-
portedly framed people. The Central
Bureau of Investigation (CBI) then
stepped in but filed only a supple-
mentary charge sheet and then, curi-
ously, moved away from the
investigation.
In 2007, when Shabbir Masiul-
lah (he died in an accident last year)
filed a writ petition in the Bombay
High Court questioning the consti-
tutional validity of MCOCA, the Ma-
legaon case went into a spin. After
the High Court dismissed his pet-
ition, Masiullah appealed in the Su-
preme Court. Unfortunately, his
lawyer, Shaheed Azmi, was shot, re-
portedly by a hitman from the Mum-
bai mafia. The Supreme Court, after
hearing the case, reserved judgment
for a year. Eventually, in 2011, the
apex court asked the NIA to investi-
gate the case.
From 2007 to 2008 several
things happened that changed the
tone of the case. Attacks took place
on the Samjhauta Express (February
2007), the Mecca Masjid in Hyd-
erabad (May 2007), the Ajmer Dar-
gah (October 2007) and once again
in Malegaon in October 2008. A pat-
tern was emerging.
A decisive breakthrough came in
September 2008 when Hemant Kar-
kare, the ATS chief who was gunned
down in the 26/11 Mumbai terror
strike, chased a lead on the owner-
ship of a motorbike that held the
explosives. The bike was traced to
Sadhvi Pragya Singh Thakur, and in-
vestigations now held pointers to a
Hindutva plot.
Evidence led the police to Sadhvi
Pragya Singh Thakur, Sameer Kul-
karni, an Abhinav Bharat member,
and to Lt Col. Shrikant Prasad Puro-
hit, a serving army officer. Purohit
apparently provided the RDX (Re-
search Department Explosive) for
the bomb and masterminded the op-
eration along with one Ramji. The
127
news sent shockwaves across the
country.
In 2009, the ATS, under K.P.
Raghuvanshi, filed a 4,528-page
charge sheet that included extensive
details on the real conspirators and
on the planning and execution of the
Malegaon blasts. Still, the case
against the nine “conspirators” who
were arrested in 2008 remained in
limbo. Swami Aseemanand, who was
arrested for the Samjhauta Express
blast, made a stunning confession in
2010. He told interrogators that he
and other Hindu activists were in-
volved in bombings at various Mus-
lim religious places as they wanted to
answer every Islamist terrorist act in
kind with “a bomb for bomb’’ policy.
He later retracted his statement. But
the magazine that broke the story
corroborated the information with
audio tapes.
Interestingly, when the NIA took
over the case, it absolved the nine
accused saying there was insufficient
evidence to link them to the bomb-
ings. It booked four Hindu extre-
mists, Lokesh Sharma, Dhan Singh,
Rajendra Choudhary and Manohar
Narwaria, in the case. A week before
the MCOCA court was to hear the
discharge pleas of the Malegaon
nine, the NIA reversed its stand and
said the discharge could not be al-
lowed.
“We aren’t sure why this hap-
pened given how clear the NIA was
in concluding that the accused were
not involved in the bomb blasts,” said
a rights lawyer. “We suspect political
pressure, but that has been a prob-
lem with this case ever since the Hin-
du fundamentalist angle was
exposed,” he said.
Recently, the public prosecutor
in the case, Rohini Salian, said she
was asked by the new government to
“go soft” on the accused of the 2006
Malegaon case. Last year, she filed an
affidavit initiating contempt pro-
ceedings against the NIA for “tend-
ing to hamper the judicial process”,
resulting in “weakening of the prose-
cution’s case”.
The Malegaon blasts case runs
deep. The false charges against the
nine men form just the tip of the
iceberg. 첸
FRONTLINE . MAY 27, 2016
 MOVEMENTS

Witch-hunt & protest

The hunger strike in JNU over the action taken against students in
connection with the February 9 events marks the third month of the
protests and there is no truce in sight. B Y D I V Y A T R I V E D I

THE unrest in Jawaharlal Nehru

University (JNU) entered its third
month in May with the university
administration continuing to sys-
tematically target individuals and
showing no sign of reconciliation.
A five-member high-level enqui-
ry committee (HLEC) set up to probe
the events of February 9, when anti-
national slogans were allegedly

SHIV KUMAR PUSHPAKAR

raised, submitted its report to the
Vice Chancellor in March. On the
basis of the inquiry, JNU came down
heavily on the students and recom-
mended rustication of three of them:
Umar Khalid for one semester,
Kashmiri student Mujeeb Gattoo for
two semesters and Anirban Bhatta-
charya until July 15. Anirban Bhat-
tacharya’s academic year ends on
July 21, when he is to submit his PhD
thesis, and it would seem like the
administration was giving him a
small window to submit the thesis.
He said that as he had been barred
from the campus, he would not get a
chance to defend the thesis in the
viva voce or complete other formal-
ities. Kanhaiya Kumar, and Saurabh
Sharma of the Akhil Bharatiya Vi-
dyarthi Parishad (ABVP) were fined
Rs.10,000 each. Fourteen students
were fined between Rs.10,000 and
Rs.20,000. Two students, Ashutosh
Kumar and Komal Mohite, were de-
nied hostel facility for a year and un-
til July 21 respectively, and two
ex-students, Banojyotsna and Dhru-
padi, were barred from the university
campus.
The university general body
meeting had earlier rejected the
HLEC as it did not have representa-
FRONTLINE . MAY 27, 2016
J N U S U P RES I D E N T KA N HA I YA KUM AR (extreme right) and other
students take out a torchlight rally on the campus in New Delhi on April 27.
tion from the marginalised sections
of society to which most of the stu-
dents under scrutiny belonged. Call-
ing the report revengeful and
draconian, the students rejected it
totally and demanded a rollback of
all punishments, including the fines.
“There is no logic in the differential
punishments. The constitution of the
HLEC was biased just as in Hyd-
erabad [Central University]. The en-
tire thing was a farce and we were not
asked to present our sides at all,” said
Anirban Bhattacharya. The students
rejected the report and burnt a copy
of it at the administrative block,
which has come to be known as
“Freedom Square”, and began a hun-
ger strike which they say will contin-
ue until all the punishments are
revoked.
Stating that the punishments
were not “severe enough” and that
some students had been let off “light-
128
ly”, students belonging to the ABVP
commenced their hunger strike a
night earlier.
Responding to the recommenda-
tions, the affected students and their
supporters enumerated complaints
made in the past against ABVP stu-
dents and the inaction against them
to date. “In 2007, on the day of the
presidential debate before university
elections, the ABVP engaged in
physical violence. During the 2012
elections in November, they pointed
to girl students and raised slogans
such as ‘Gujarat ke rapists ko ek
mauka aur do’. Once, on Eid, they
poured alcohol inside Narmada hos-
tel. Then, in front of Chandrabhaga,
they beat up a Muslim student of the
Students’ Federation of India so bad-
ly that his hand broke. There were
complaints made in the Proctor’s of-
fice against each of these cases, but
till today no action has been taken
against any of them,” said a student.
Many observers felt that by re-
leasing the HLEC report just before
the vacations, the JNU administra-
tion was trying to weaken the move-
ment. But Umar Khalid responded
by saying that people who struggled
did not take vacations. Students and
teachers continued to visit the ad-
ministrative block even as examin-
ations were on.
On the night of April 27, follow-
ing a mashaal juloos (torchlight ral-
ly), 19 students began an indefinite as
well as relay hunger strike. On the
sixth day in a one-day solidarity
strike, more than 120 teachers from
JNU and Delhi University and 180
students took part. Programmes
continued to be held at “Freedom
Square”, and a large number of activ-
ists, artists, alumni and intellectuals
joined the hunger strike. Students
and activists in Bihar and Kolkata
(Jadavpur University) expressed sol-
idarity through hunger strikes and
torchlight rallies. In Ara Jail in Bi-
har’s Bhojpur district, 20 prisoners
also expressed solidarity with the
students’ struggle. On May Day,
mess and sanitation workers in JNU
marched to “Freedom Square”. Delhi
University Professor G.N. Saibaba’s
wife, Vasantha Kumari, spoke at the
venue and the reggae band Delhi
Sultanate (Base Foundation Roots)
performed there. Contractual em-
ployees in Mumbai collected money
towards the fine that JNUSU presi-
dent Kanhaiya Kumar had to pay.
Vice Chancellor Jagadesh Kumar
responded by calling the hunger
strike “an unlawful activity and a
harmful method of protest that ad-
versely affects” students and asked
them to resort to “constitutional
means to put forth their demands, if
any”. He urged the students to call off
the strike and come for dialogue. He
even had separate meetings with the
students’ unions. Following the
meeting, the ABVP called off its fast
on the grounds that the Vice Chan-
cellor had promised to reconsider the
punishment to Saurabh Sharma. But
the Left-affiliated groups were dis-
appointed and decided to continue
with the strike until all the puni-
shments were withdrawn.
In the midst of all this, a 200-
page report or “dossier” titled “Jawa-
harlal Nehru University: The Den of
Secessionism and Terrorism” sub-
mitted by 11 teachers to the JNU ad-
ministration last year came to light.
It painted JNU as a den of an orga-
nised sex racket and suggested de-
politicisation of the campus. It also
accused JNU teachers of engaging in
nefarious and anti-national activ-
ities. It racially profiled Muslim and
Dalit students and students from the
north-eastern region and Kashmir
and took umbrage at the idea of a
discussion over a free Kashmir and
cultural practices of students from
the north-eastern region, among
other things.
It said: “Almost 300 Kashmiri
and North-East separatist activists
are staying illegally in the hostels of
JNU. They are the main force behind
organising anti-India activities, pro-
test demonstrations, talks and lec-
tures by separatist leaders in the
JNU campus. Beef eating festival,
Mahishaswar Diwas, and Hate Hin-
du campaigns are the regular feature
in hostel activities and various semi-
nars/ lectures organised by known
anti-Hindu and anti-national ele-
ments.” In response to what the stu-
dents from the north-eastern region
called “ludicrous insinuations”, hun-
dreds of students gathered at “Free-
dom Square” and burnt a copy of the
dossier.
Meanwhile, a fresh set of notices
from the Proctor’s office were sent to
Umar Khalid and Anirban Bhatta-
charya for “participating” in the
screening of a film, Muzaffarnagar
Baaqi Hai, last year. The organisers
of the screening had been hauled up
for it at that time and the matter was
thought to be closed, so it was a sur-
prise when these two students were
singled out for being present at the
screening where hundreds of other
students were also present. “It un-
derlines the witch-hunt that we have
been talking about. I guess now we
should wait for more notices to be
sent to us for participating in other
events,” said Umar Khalid.
A protest screening of the film
was held amidst the hunger strike
and the ABVP attempted to disrupt
129
it by playing aloud patriotic and reli-
gious songs from Hindi films. The
disruption of the screening of this
film in both JNU and University of
Hyderabad (UoH) in August last
year sparked a chain of events that
disturbed the state of equilibrium in
both institutions.
Nakul Singh Sawhney, who
made the film, was unable to come to
terms with this offensive following
the screening of the film. He could
not understand how the screening of
the film by students could be unpal-
atable when the government itself
had screened it at the Mumbai In-
ternational Film Festival in Febru-
ary. “If screening the film is wrong,
then [Maharashtra Chief Minister
Devendra] Phadnavis [who inaugu-
rated the festival and [Arun] Jaitley
[whose Information and Broadcast-
ing Ministry organised it] should be
sent notices first,” Sawhney said.
Meanwhile, Kanhaiya Kumar,
even while on hunger strike, visited
various parts of the country and met
students, workers, farmers, activists
and politicians with the purpose of
concretising a counter-fascist force.
What the exact shape or the platform
of such solidarity might be was not
clear yet, but he was confident that it
would solidify into an effective politi-
cal force soon. Would it be a political
party? “We are not looking for an
alternative in politics. We are look-
ing for an alternative politics,” he
said and added that passing the Ro-
hith Act was a priority.
Meanwhile, the ABVP students
on hunger strike, who were far fewer
in number compared with the other
students, brought in outsiders led by
Delhi University Students’ Union
(DUSU) president Satindar Awana
to raise slogans against the hunger
strikers on the opposite side. Even as
the health of several students sitting
on hunger strike deteriorated, Kan-
haiya Kumar was admitted to the
JNU health centre on the eighth day
of the strike following a bout of vom-
iting and a sharp fall in his blood
pressure and blood sugar levels.
However, the students are clear
about one thing: they will not budge
until the punishments are revoked
totally. 첸
FRONTLINE . MAY 27, 2016

Temple entry
THE Bombay High Court’s decision to al-
low women entry into the Shani Shingan-
pur temple is heartening (Cover Story,
“Winds of change”, May 13). It will be
interesting to see how the temple au-
thorities react to this development. They
should not forget every person is equal in
the eyes of God, irrespective of gender or
caste. It is men, the so-called stronger
gender, who have created this divide and
restriction to boost their egos.   temple authorities and law enforcers
BAL GOVIND
NOIDA, UTTAR PRADESH
THE Bombay High Court’s ruling that the
state is duty-bound to end gender dis-
crimination at temples is progressive. It
is shocking that the trustees of the Shani
Shingnapur temple joined hands with lo-
cal people to prevent women from enter-
ing the sanctum sanctorum. After Chief
Minister Devendra Fadnavis instructed
the district administration to ensure that
the court order was followed in letter and
spirit, those opposing women’s entry into
the temple relented. This sends a posi-
tive message and ends an archaic tradi-
tion that had no logic or reason.
K.R. SRINIVASAN
SECUNDERABAD, TELANGANA
I CONGRATULATE Trupti Desai and other
activists of the Bhumata Ranragini Bri-
gade on their efforts to enter the sanc-
tum sanctorum of the Shani Shingnapur
temple. However, the photograph on the
cover showed Trupti Desai and others
pouring milk on the idol by emptying a
plastic pouch straight on it, which is not
the proper way to do a milk abhishek.  panies can circumvent the drug pricing
The milk should have first been poured
into  a vessel made of copper/brass/
bronze/stainless steel.
R. NAMBIAR
PUNE, MAHARASHTRA
THE clamour for the entry of women in
FRONTLINE . MAY 27, 2016
LETTERS
the 10 to 50 age group in the Sabarimala
temple is quixotic (Cover Story, “Pres-
sure on a hill shrine”, May 13). The re-
striction on women, apart from being
part of the temple’s time-tested customs
and rituals, which are the bedrocks of
religious belief, is in the wider interest of
women themselves for safety reasons as
the temple is located in a forest. The
litigants do not represent the aspirations
of the overwhelming majority of the
stakeholders. When there are so many
issues pertaining to women’s empower-
ment in the social, political and economic
spheres crying for attention, this contro-
versy is much ado about nothing.
AYYASSERI RAVEENDRANATH
ARANMULA, KERALA
Temple tragedy
IT is not uncommon for tragedies to oc-
cur during festivals at places of worship
across the world because at such con-
gregations faith and traditions take prec-
edence over logic and reason (“Template
for tragedy”, May 13). Accidents can be
avoided and festivals conducted safely if
work in tandem to ensure that safety
norms are adhered to. The Thrissur Poo-
ram finale was a fine example of how this
can be done.
K.P. RAJAN
MUMBAI
THE tragedy highlights Indians’ lacka-
daisical approach to safety. We do not
take even simple precautions to avoid
accidents, so tragedies are just waiting to
happen. While temple fireworks, an age-
old tradition, cannot be banned, at least a
simple drill should be conducted to
check whether safety precautions are in
place. Only competent people should be
allowed to handle fireworks and be in
charge of their storage.
D.B.N. MURTHY
BENGALURU
Drug ban
THE article “Faulty prescriptions” (May
13) drew attention to the hazards of un-
sound fixed-dose combination (FDC)
drugs and the professional patronage for
them. With FDCs, pharmaceutical com-
and packaging regulations. It is surpris-
ing that State and Central drug author-
ities permit them to be marketed without
sound clinical data on their efficacy.
Meetings of physicians’ associations and
conferences and seminars that provide
130
“Continuous Medical Education” for doc-
tors, have become opportunities to court
physicians over meals at appealing ven-
ues. They allow drug companies to pay
speaking fees to the favoured. The ad-
vertising and marketing budgets are so-
metimes higher than R&D costs, though
the industry is fond of claiming that drugs
are expensive because its spending on
research is huge. 
H.N. RAMAKRISHNA
BENGALURU
Siddis
THE article “African connection” (May 13)
was a delightful journey to a forgotten
corner of Indian history and heritage.
Many more such stories, which find no
place in our Anglo-centric history texts
and other writings, must be waiting to be
written. Some remarkably frank and per-
ceptive observations regarding both Eu-
ropeans and various native communities
can be found in the Australian John
Lang’s books based on his travels in India
in the 1850s. The extent of slavery in the
colonial period is perhaps worth a sep-
arate study because the practice was
prevalent the world over but is seldom
mentioned in the literature commonly
available here.
In a well-researched book mainly
about colonial Lucknow in the 18th cen-
tury, Rosie Llewellyn-Jones says: “Most
Europeans in Calcutta had one or more
slave children. Sir William Jones, the
scholar and founder of the Asiatic Society
of Bengal, had a slave boy called Otto.
Slave boats laden with children came
down the Hooghly, especially during
times of famine when parents would sell
them to traders. These children were In-
dians, but there were also negro slaves
from Africa, sometimes employed as do-
mestic servants, but sometimes as sol-
diers, like the 25 Africans who fought for
Sir Eyre Coote during the siege of Pon-
dicherry.”
Elsewhere, she mentions that a proc-
lamation against slavery had been issued
as early as 1789. There is surely a lot
more to all this, and one hopes that some
impartial historians can open up such
topics to the interested lay public for dis-
cussion.
T. THARU
CHENNAI
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