SACW | 19-20 May 2006 | Nepal: King sans kingdom; Bangladesh womens' rights; Indo Pak Prisoners; Northeast India; Baroda's communal officials; Bombay demolitions

[Harsh Kapoor]

South Asia Citizens Wire | 19-20 May, 2006 | Dispatch No. 2248

[1]  Nepal:  Full Text of the Landmark Proclamation by Nepal's Parliament
[2]  Bangladeshi women organise for their rights: Kushi Kabir Interviewed
[3]  Further steps needed to ease agony of 
Indo-Pak prisoners (HRCP Press Release)
[4]  The category 'North-east India' (Sanjib Baruah)
[5]  India - Gujarat: Criminal charges needed 
against Baroda Municipal  Corp. officials
[6]  India: Against slum demolitions in Mumbai - An appeal from HIC-HLRN

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[1]  FULL TEXT OF THE LANDMARK PROCLAMATION BY NEPAL'S PARLIAMENT

(Source: International Nepal Solidarity Network)

House of Representatives Proclamation
18 May 2006

In respect of the sacrifices and participation 
made by the Nepalese people in the peaceful joint 
people's movement,
In due attention to the fact that the people had 
shown keen interest through the peaceful joint 
people's movement that took place some time back, 
on establishing that people are the sole source 
of state power of the independent and sovereign 
Nepal, as the people are the sole source of state 
powers and sovereignty,
With determination to fulfilling the peoples' 
mandate given by the Nepali people as per the 
roadmap of the seven political parties and the 
12-point understanding between the seven 
political parties and the CPN-Maoist in the 
peaceful joint people's movement to restore a 
inclusive state by restructuring the state by 
formulating new constitution and to restore 
sustainable peace through democracy, and 
constituent assembly,
Internalizing the greater responsibility of the 
sovereign Nepali people for strengthening the 
country's national integrity, indivisibility and 
national unity,
As the fact that the House of Representatives 
(HoR) established on the support of the people's 
movement is sovereign and fully authorized has 
been realized in the king's declarations on April 
24, 2006 that the Nepali people are the source of 
state power and Nepal's sovereignty and state 
power rests on the Nepali people and the people's 
aspirations exhibited in the present peoples' 
movement and on the basis of the road map of the 
seven political parties for resolving the violent 
conflict continuing in the country,
Makes the following declaration through this 
House of Representatives that this House of 
Representatives is sovereign for the exercise of 
all the rights until another constitutional 
arrangement is made to take the responsibility to 
gear ahead in the direction of full-fledged 
democracy and make an end to the autocratic 
monarchy by institutionalizing the achievements 
of the present peoples' movement, while 
safeguarding the achievements of the 1990 
people's movement:-
1. LEGISLATIVE
1.1 All the rights regarding the legislative body 
of Nepal shall be exercised through the House of 
Representatives. The procedures for formulating 
laws shall be as specified by the House of 
Representatives.
1.2 The procedures for moving on the path of 
Constituent Assembly shall be as fixed by the 
House of Representatives.
1.3 Calling of the session of the House of 
Representatives and its conclusion shall be as 
follows:-
a The calling of the session shall be by the 
prime minister and will concluded by the speaker 
on the recommendation of the Prime Minister.
b. The speaker shall fix the date for the session 
or meeting to hold within 15 days if request is 
made before the speaker by one fourth of the 
total members at the moment in the House of 
Representatives citing that it is appropriate to 
call a session or a meeting when the House of 
Representative is not being held or if the 
meeting is stalled.
1.4 The House of Representatives shall formulate 
and implement the House of Representatives 
regulations.
2. ON EXECUTIVE
2.1 All the executive rights of Nepal as a state 
shall rest on the Council of Ministers.
'His Majesty's Government' shall be termed 
'Government of Nepal' from now onwards.
2.2 Persons who are not the members of the House 
of Representatives can also be nominated in the 
Council of Ministers.
2.3 The Council of Ministers shall be responsible 
towards the House of Representatives. The Council 
of Ministers and the ministers collectively and 
for the works of their ministries shall be 
personally responsible towards the House of 
Representatives.
The administration, army, police and all the 
executive organs shall be under the purview of 
the government that is responsible towards the 
House of Representatives.
2.4 The allocation and transaction of business of 
the government shall be presented at the House of 
Representatives after its passage from the 
Council Of Ministers.
3. ON ARMY
3.1 The name "Royal Nepal Army" shall be changed to "Nepalese Army".
3.2. The Existing provision regarding the 
National Security Council has been repealed. 
There shall be a National Security Council under 
the chairmanship of the Prime Minister in order 
to control, use and mobilize the Nepalese Army.
3.3. Chief of the Army Staff of the Nepalese Army 
shall be appointed by the Council of Ministers.
3.4. The existing arrangement of Supreme 
Commander of the Army has been revoked.
3.5. The decision of the Council of Ministers on 
mobilizing the Nepalese Army, must be tabled and 
endorsed within 30 days from the special 
committee assigned by the House of 
Representatives.
3.6. The formation of the Nepalese Army shall be 
inclusive and national in nature.
4. ON RAJ PARISHAD
The existing provision of Raj Parishad has been 
revoked. Necessary works being performed by the 
Raj Parishad shall be as per the arrangement made 
by the House of Representatives.
5. ON ROYAL PALACE
5.1. The right to make laws, amend and nullify 
regarding the succession to throne shall rest on 
the House of Representatives.
5.2. Expenditure and facilities for His Majesty 
the King shall be as per the decision of the 
House of Representatives.
5.3. The private property and income of His 
Majesty the King shall be taxed as per the law.
5.4. Acts performed by His Majesty the King are 
questionable in the House of Representatives or 
in court.
5.5. Existing Royal Palace Service shall be made part of the civil service.
5.6. The security arrangement for the Royal 
Palace shall be as per the arrangement made by 
the Council of Ministers.
6. THE EXISTING PROBLEM REGARDING CITIZENSHIP SHALL BE INSTANTLY RESOLVED.
7. THE EXISTING "NATIONAL ANTHEM" SHALL BE 
CHANGED BY MAKING ALTERNATIVE ARRANGEMENT.
8. NEPAL SHALL BE A SECULAR STATE.
9. MISCELLANEOUS
(a) All the state organs and bodies shall 
exercise their rights as having been authorised 
by this House of Representatives and with full 
faith towards it.
(b) Specified officials holding public posts 
shall take oath of office from the House of 
Representatives in specified manner. Officials 
who ignore receiving oath of office shall be 
relieved of their posts.
(c) The inconsistent legal arangements of the 
Constitution of the Kingdom of Nepal-1990 and 
other prevailing laws, with this declaration, 
shall be nullified to the extent of inconsistency.
(d) Any difficulty that may come while 
implementing this declaration shall be removed by 
a decision of the House of Representatives.
(e) A committee shall be there in the House Of 
Representatives for the purpose of implementation 
of sub-clause (c) and (d) above.
Translated by National News Agency (RSS)

____


[2]


The Independent (Bangladesh)
May 12, 2006

BANGLADESHI WOMEN ORGANISE FOR THEIR RIGHTS

Bangladesh is often portrayed in the Western 
media as a place where women are victimised and 
subordinated by Islam. Fundamentalist outrage 
against writer Tasleema Nasreen has reinforced 
this image. But Bangladesh also has a very 
vibrant and strong women's movement. Green Left 
Weekly's SUJATHA FERNANDES and MICHAEL TARDIF 
talked to KHUSHI KABIR, women's rights activist 
and chairperson of ADAB (Association of 
Development agencies in Bangladesh) about the 
issues facing women and the response of the 
women's movement.
In what ways are Bangladeshi women oppressed?
Bangladesh is a very patriarchal society, where 
the male plays the dominant role within the 
family, the community and the society as a whole. 
Economic institutions and trade are also 
male-dominated.
Particularly in the villages the strong, 
hierarchical order is prevalent. For instance, 
all decisions in the village are made by a body 
of males called the Shalish. Religion has also 
been used traditionally to limit the economic, 
political and social role of women.
How has the recent rise of fundamentalism impacted on women?
It has traditionally been the case that the 
oppression of women by religion has been tied to 
their economic oppression by the state. In this 
way, religion has been used all over the world to 
relegate women ideologically and economically and 
to suppress them so that there is no resistance.
The recent rise in fundamentalism is closely 
linked with the collapse of the Soviet Union, 
with the collapse of what was seen by most people 
as socialism, and the need to find an alternative 
ideology. Religion is being used as an 
alternative to capitalism. It has experienced an 
expansion all over the world, both 
politically/ideologically and financially.
Fundamentalism is also a way of suppressing women 
in an age when they are gaining greater freedom 
and independence. Bangladesh has been through 
many liberation struggles in which women have 
participated. There has been an increase in 
poverty, forcing women into work and out of their 
traditional roles. The impact of non-governmental 
organisations has also resulted in the creation 
of alternative employment for women. Women are 
being given more options and are emerging as a 
force, and it is this that the fundamentalists 
want to suppress.
Tasleema Nasreen has been portrayed as a champion 
of women's rights in the Western media. What 
impact has she had on the women's movement?
Tasleema Nasreen has been very strong and direct 
in addressing issues regarding patriarchy. But 
the media in the West and outside of Bangladesh 
have given her the image of being the vanguard of 
a movement, which she is not. The women's 
movement in Bangladesh is a strong, unified 
movement with a long history. Tasleema has played 
no role in that movement.
The Western media portrayed Tasleema as the 
victim of an oppressive society where women are 
cloaked in silence. They gave the impression that 
as soon as anyone resists fundamentalists, they 
are crushed. This denies the reality where 
hundreds of women, every day in their ordinary 
lives, are confronting fundamentalism and 
resisting it. When you are an individual like 
Tasleema fighting the fundamentalists, it is a 
lost cause. The only effective way to resist and 
survive in a country like Bangladesh is to be 
part of a movement. The women in the villages can 
fight the mullahs and landlords because they are 
united and have the numbers.
How have women organised themselves?
Women have largely been organised under NGOs. 
There are many progressive NGOs doing 
consciousness-raising work among poorer women and 
village women.
Trade unions have only recently started 
organising women. Previously women have worked 
mainly in the unorganised sectors, but more and 
more women trade union activists have been 
working with these women.
Women in the garment industry, where there are no 
trade unions, have recently been organising 
strikes and demonstrations.
There are also various middle class 
organisations, such as the research organisations 
into issues such as dowry and violence against 
women. Professional women's organisations such as 
lawyers and teachers are quite strong and 
progressive. There are also many women students' 
associations in the schools and universities.
All of these different groups work together 
around various issues. There is a very strong 
support network. For instance, if a dowry issue 
arises, the lawyers' organisations provide legal 
representation, the research groups provide 
material, and the mass organisations do 
propaganda work and organise demonstrations.
This uniting of broad layers of women around 
particular issues usually cuts across class 
lines. It means middle and upper class women are 
being made aware of the rights of lower class 
women.
How successfully has the left taken up the 
challenges that the women's movement has put 
forward, not only in terms of policy and action, 
but also of training women in leadership roles?
One of the biggest threats facing women now is 
fundamentalism, and the left is the main 
political force taking up this issue. The major 
political parties, even the ones that consider 
themselves secular, have compromised on this 
issue.
Therefore the coming together of the left and the 
women's movement is crucial. Women are very 
affected by the destruction of the environment. 
Here again the left is doing a lot of work, 
drawing out the ways in which capitalism and the 
dictates of the international economy are 
depleting the environment.
There have been strong individual women in both 
left and right parties in Bangladesh. Individual 
women leaders are seen as acceptable because they 
are considered to have transcended their 
sexuality and "become like men". But, as a 
general trend, women are not involved much in 
political organising.
Socially and culturally women are at a 
disadvantage because they do not have the same 
space for growth and development as men.
I don't think that the left has made enough of an 
attempt to encourage women. But I think that in 
the next decade we will see many more women 
becoming involved in left parties, not as an 
organised women's faction, but actually taking up 
leading roles.
In what ways are women affected by the policies 
of the World Bank and IMF and agreements such as 
GATT?
Traditionally, women have played a large role in 
the agricultural sector. They would decide which 
seeds to plant, which environment was best for 
which seeds.
sThey would do all the processing of the crops. 
Women had a strong role within the economy even 
if it was not materially valued.
Under the New Economic Policy [the government's 
austerity policy], embankments are being built 
which prevent water from irrigating the crops. 
This means that there is much greater dependence 
on pesticides and fertilisers. Crops are becoming 
commercialised so that seeds are not locally 
stored and must be procured from the seed dealer. 
Women are becoming much more like paid workers 
and labourers on their land to service the needs 
of an international market.
The government is trying to create the ideal 
conditions for an export-oriented economy. This 
has resulted in small shareholders losing their 
land to landlords for large commercial crops. To 
maintain this land, the landlords employ small 
armies to repress the villagers. Women bear the 
brunt of this violence, especially in terms of 
rape.
The damage that commercial farming does to the 
environment is recognised by women. They, much 
more than men, talk about the different types of 
birds, fish and insects that are lost and how the 
use of pesticides damages the soil and harms 
their children and animals.
An export-oriented economy also requires cheap 
labour, and women in the industrial sectors form 
a large proportion of this.
What links can be made between the women's 
movements in the West and in Third World 
countries like Bangladesh?
In many areas we have commonalities. The whole 
growth of religion and social controls against 
women's rights and women's choice is something we 
need to be clear about.
Some Western women feel that they cannot talk 
about Islamic fundamentalism because that 
denigrates another's culture.
But religion is used everywhere to justify the 
oppression of women. It is a trend deliberately 
organised to stop any strong, active movement of 
women coming together. In the US doctors 
performing abortions are being shot by Christian 
fundamentalists. In India there is the rise of 
Hindu fundamentalism.
As the economic institutions become 
international, we have to counter this by having 
much stronger links. We can no longer fight 
solely in the villages, we must link up with the 
urban centres and also internationally. For 
instance, we need to let you know the stories 
about what goes on here in the name of economic 
development, so that the movement in Australia 
can be aware of what your government is doing. If 
we can share our experiences, we can be much 
stronger.
-Courtesy of green left weekly

____


[3]

Human Rights Commission of Pakistan
Press Release
Lahore, 16 May 2006


FURTHER STEPS NEEDED TO EASE AGONY OF INDO-PAK PRISONERS

LAHORE: The steps taken by the governments of 
India and Pakistan, leading to the exchange of 
around 1,000 prisoners between 2004 and 2006, 
have significantly improved the situation of 
hundreds held in each other's countries.

However, after closely monitoring the terrible 
plight of Indo-Pak prisoners over the past many 
years, HRCP believes that more needs to be done 
to ease the suffering of the many still held in 
jails across the border the two countries share.

In this respect, the ruling on April 26th, by the 
Punjab and Haryana High Court at Chandigarh, that 
Pakistanis still kept in Indian jails in the 
Punjab despite completing their sentences must be 
freed, is likely, according to lawyers of the 
Pakistani prisoners in India, to benefit around 
45 currently held in prisons in the Indian 
Punjab. Particularly significant though is the 
court's order that the prisoners be given Rs 
10,000 as compensation for each extra year they 
have spent in prison beyond the sentence awarded 
to them.

HRCP welcomes the grant of compensation, which 
will provide a little relief to the aggrieved 
prisoners, some reportedly held for up to 12 
years after completing their terms. It urges the 
authorities in Pakistan to put in place similar 
compensatory measures, as a gesture of goodwill 
towards Indian prisoners, and as a step that 
should act to deter those involved in the illegal 
confinement of Indian or Pakistani nationals.

HRCP also strongly recommends that Human Rights 
Counselors be deputed by both governments at 
their High Commissions, to oversee a range of 
issues that fall under the rights umbrella, 
including matters related to the welfare of 
prisoners. We also recommend that a human rights 
monitoring body, including credible members of 
civil society and representatives of human rights 
institutions, be established to ensure effective 
implementation of decisions taken regarding the 
exchange of prisoners and of other matters that 
relate to basic rights and human dignities.

In this respect, there are some issues that need 
to be addressed urgently. The 18 Indian civilian 
prisoners, detained in Kot Lakhpat Jail, Lahore, 
whose national status has been confirmed and 
whose travel documents are ready with the Indian 
High Commission, need to be immediately 
repatriated to India, without further delay.

The same holds true for fisherfolk still detained 
in each other's countries, despite agreements 
under which they are to be freed and returned 
home without delay. HRCP has been informed 282 
Indian fishermen, including two children aged 
under 12 years, are currently awaiting 
repatriation in Karachi.   Reports suggest dozens 
of Pakistani fishermen are still held in India. 
We demand that decisions regarding fishermen who 
stray out of territorial waters be adhered to, 
and the fisherfolk freed.

There are also other aspects of the prevailing 
problem that need to be resolved. In both 
countries, full consular access needs to be 
granted to prisoners who are reported to have 
lost their mental balance, and whose identity it 
is therefore difficult to establish. These 
unfortunate individuals need to be treated as a 
special category, and should be housed at a 
mental institution rather than within the harsh 
confines of jails. The question of nationality is 
secondary to their need for humane and expert 
care.

The matter of the POWS whose families claim they 
are held in the other country still lingers on, 
without any final answers. These answers now need 
to be offered up by governments to strengthen the 
spirit of goodwill between both nations and to 
bring this chapter to a close.

Indians pushed back into Pakistan by Iranian 
authorities, while attempting illegal border 
crossings, too need to be considered as separate 
to other prisoners. They should be handed back to 
India with minimum bureaucracy, in the same 
manner as is now happening in the case of those 
who accidentally cross the border. Prisoners held 
for overstaying visas, or other minor 
infringements, too need to be handed back 
swiftly, without long stints in jail.

HRCP reiterates its position that the governments 
of both countries need to move further and faster 
to minimize the number of Pakistanis and Indians 
held in each other's countries. The exercise to 
determine the true number of those currently 
detained too needs to be streamlined further, 
with the cooperation of all agencies and 
departments, so that the dozens still held, 
including women and children, are spared further 
months of suffering as a result of callous 
attitudes, negligence or a failure to implement 
mechanisms that can ensure the rapid handing over 
of persons who have completed sentences or are 
being held only for the most minor infringements.


Asma 
Jahangir                                                                                
Chairperson       

_____


[4]

The Telegraph
May 10, 2006

ALL THAT IS IN THE NAME
What North-east India needs is a change in the 
way of thinking that will integrate international 
and domestic politics, writes Sanjib Baruah

Under watch

The phrase 'North-east India' entered the Indian 
lexicon only in 1971. Until 2003, the phrase 
referred to the seven states, separated from the 
Indian landmass by Bhutan and Bangladesh except 
for the 37-kilometre Siliguri corridor. The 
phrase, it bears repeating, originates in changes 
made to the architecture of governance of the 
region, including the creation of a number of 
small states that culminated in the North Eastern 
Council in 1971.

National security considerations were pre-eminent 
in the advent of the category 'North-east India'. 
It is perhaps not accidental that 1971 saw 
another dramatic change in the region's political 
geography. Pakistan was split and Bangladesh 
became independent. The Sixties were tumultuous 
years. India and China fought a war in 1962, the 
movement for Naga independence got into full 
swing and the Mizo armed insurgency began in 
1966. After the humiliating defeat in the war 
with China, Indian policymakers began to fear 
that external and domestic enemies could come 
together in the region and mount a formidable 
threat to national security. By intervening in 
the Bangladesh war, India, to some extent, took 
advantage of an opportunity that arose to change 
that geopolitical ground reality. But the fact 
that the category 'North-east' too had its roots 
in the same set of national security 
considerations has escaped public memory.

Even though the North Eastern Council has had to 
gradually adapt to the reality of democracy, that 
is not how it began. It was envisaged as an 
institution to promote security and development. 
Initially, it did not even include the chief 
ministers of the states. It was made up of the 
governors. A military man, the inspector-general 
of the Assam Rifles, was its security adviser.

B.P. Singh, who had held key positions both in 
the region and in the Indian home ministry, has 
written about having to struggle with the 
challenge of making the NEC fit into the 
constitutional framework of federalism in The 
Problem of Change: A Study of Northeast India. 
The NEC was technically made an advisory body so 
that "it would not infringe upon the political 
autonomy of the constituent units", but this came 
into conflict with autonomy. From a security 
perspective, however, such tensions were seen as 
inevitable, given the constraints of 'nation 
building' in a border region. The best the NEC 
could do was conduct itself in a way that would 
not "hurt the sensitivities of member units and 
make them feel like second class states in 
India's federal structure." As it became more 
democratic, its security function became weaker. 
But that does not mean that the security function 
devolved to the state governments. It shifted 
directly to the Union home ministry.

With the advent of the phrase 'North-east India', 
the area became a 'border area' and a security 
space in a way that it wasn't till then. The very 
naming of the region carries with it the burden 
of that legacy. After all, directional names 
reflect an external and not a local point of view.

While Pakistan after 1971 became a smaller 
country, Bangladesh did not stay India-friendly 
for long. Indian officials even believe that in 
recent years, it has become hospitable to 
Pakistani intelligence operations in India. While 
Bangladesh is "India-locked," says Bangladesh's 
foreign minister, India must remember that 
North-east India is "Bangladesh locked." This 
could be a wake up call for Indian policy-makers, 
but not in the sense that the security 
establishment might interpret it.

Ninety-nine per cent of North-east India's 
borders is with foreign countries, making it 
impossible to separate domestic and foreign 
policy. To transform the region from a 
'political, economic and cultural hinterland' 
into a vital zone of activities, it is not enough 
to build roads to India. The region's 
international borders would have to become spaces 
of cooperation instead of confrontation. A small 
example would illustrate this. The distance 
between Calcutta and Agartala before Partition 
was about 300 kms. It became 1,700 kms after 
Partition. Even the best roads in the world 
cannot make up for this difference.

It is not surprising, therefore, that while 
enormous amount of money has been spent to bring 
about development here, especially since the 
Nineties, by the end of that decade the economies 
of the entire region had decelerated. Not being 
able to take the transnational dimension into 
account has been the bane of Indian policy 
vis-à-vis the North-east. Of course, in its own 
way, the security establishment does take the 
transnational dimension into account. But 
transnationalism from its vantage point has 
little meaning beyond wanting India's neighbours 
to cooperate in counter-insurgency strategy.

Meanwhile, our security obsession has put real 
limits on what we could and could not do for 
development. The contradictions are perhaps the 
sharpest in the smaller hill states. Development 
policy there amounts to trying to create an elite 
to support the pan-Indian dispensation. In the 
make-believe world of formal rules, the 
"traditional" economies and political structures 
of the hills are being protected: for tribal 
lands, in theory, are owned by the community. But 
in reality, there has been a capture of community 
resources by local elites and a massive 
transformation of the de facto ownership of land 
and natural resources that eludes government land 
records. Indeed there is no cadastral survey of 
most tribal lands because they are supposedly 
community-owned. While a small elite may have 
developed a financial stake in the pan-Indian 
dispensation, one cannot say that about hearts 
and minds. Ideas about independence and autonomy 
remain attractive to both the educated youth and 
to losers in the transformation of property 
relations taking place outside the make-believe 
world.

In the meantime, as economists like Atul Sarma 
has pointed out, the absence of a land market has 
meant that neither formal credit nor investments 
can enter the rural economy, especially from 
outside. Even though the contradictions are 
apparent, our style of policy-making, that 
prioritizes (but does not achieve) political 
stability in a 'sensitive border region', has 
meant postponing all hard policy choices to an 
indefinite future. Without borders becoming 
spaces of cooperation, policy debates about the 
region can never address those fundamental 
dilemmas.

North-east India needs a major shift towards a 
way of thinking that integrates international and 
domestic politics. India's foreign policy towards 
its neighbours and domestic policy towards the 
North-east have to come together, and in doing 
so, it has to come out of the iron-grip of our 
security-wallahs.
The author is at the Centre for Policy Research, 
New Delhi, and Bard College, Annandale-on- 
Hudson, New York


____


[5]

'CRIMINAL CHARGES NEEDED AGAINST VMC OFFICIALS'
Express News Service
Date: 20 May 2006

Vadodara, May 19: The vice-president of the 
little-known Bazm-e-Aziz Charitable Trust, 
Mohammed Arif Sheikh, has sought permission from 
the Gujarat government to initiate criminal 
proceedings against mayor Sunil Solanki, 
municipal commissioner Rohit Pathak, Vadodara 
Municipal Corporation (VMC) standing committee 
chairman Dinesh Choksi and police commissioner 
Deepak Swaroop for promoting ill-will between 
communities.

Sheikh's request for action against these people 
under Sections 153 and 153 (A) of the Indian 
Penal Code, which pertain to promoting ill-will 
and enmity between different groups and 
communities, is also backed by the Peoples' Union 
for Civil Liberties (PUCL),

A notice addressed to the state government's 
chief secretary by the complainant's lawyer Mukul 
Sinha said the offences committed by the accused 
were of a very serious nature, resulting in the 
loss of life and property of citizens, and hence 
a sanction be granted for initiating criminal 
proceedings against them.

The notice was circulated to mediapersons at a 
press conference addressed by the complainant at 
Shishu Milap's office on Friday. The complainant 
was accompanied by PUCL activists Rohit Prajapati 
and Kirit Bhatt, besides some advocates from 
Ahmedabad, at the time of media briefing.

Sheikh said that authorities' intention in 
pulling down the old dargah was malafide, and 
intended to promote disharmony and ill-will 
between Mulsims and Hindus.

____

[6]

NGO appeals against slum demolitions in Mumbai

An appeal from HIC-HLRN


Mumbai: YUVA, a partner of HIC-HLRN in Mumbai, 
has informed us of a brutal demolition in which 
local authorities have destroyed 5,000 houses in 
Mandala, Mankurd in Mumbai, and set fire to an 
entire slum on 9 May 2006.

A police force of 500-700 along with Mumbai 
Collectorate officials and 6-7 bulldozers 
demolished about 5,000 houses in the slum 
communities of Indira Nagar and Janata Nagar in 
Mandala, near Mankurd in Mumbai.

The police came to the site around noon and were 
confronted by women and men. All of a sudden, 
people saw smoke rising from the back of the site 
and rushed there to quell the fire. Meanwhile, 
the police easily gained entry into the slum and 
demolished most of the houses and burned the 
rest, wiping out the entire community. The fire 
continued burning for several hours, while fire 
brigade personnel looked on passively, doing 
nothing to extinguish the fire.

Furthermore, the police engaged in a massive 
brutal "lathi charge" (assault with batons) in 
Mandala, beating and dragging residents from the 
demolished site, and destroying their personal 
belongings. Police officials also put water in 
the food being cooked in the community kitchen 
and confiscated grain stores.

The police assault badly injured three people, 
who then were admitted to the Satabti Hospital. 
One of them remains in hospital. Shamin Banu 
suffered a miscarriage after women police hit her 
in the stomach. She is recovering in the Sion 
Hospital, having suffered severe bleeding lost 
consciousness after being beaten. In all, forty 
persons received injuries during the demolition 
and fire.

The police, however, ordered the nearby 
government hospitals, including Satabti Hospital, 
not to admit anyone from the slum and not to give 
the injured persons any medical records, as those 
documents might be used as proof of injury due to 
police violence. The lack of cooperation from 
hospital staff only reveals the tyranny of the 
police.

Mumbai Collectorate gave the residents of Indira 
Nagar only a 12-hour notice of the demolition. 
Those evictees living in Janata Nagar had no 
prior information of the demolition and were 
taken completely unawares.

In its assault, the police arrested five men and 
three women from the site. Ploice arrested Aisha 
Bi, an activist from Mandala, was arrested from 
inside her house. The police took the activists 
to the Govandi Police station where they abused 
and beat them, while handcuffing some of them, 
and charging them with attempted murder under 
Section 307 of the Indian Penal Code, which is a 
non-bailable offence. The activist are currently 
in jail.

A delegation of 15 people from social movements, 
people's organisations and concerned citizens 
finally managed to arrange a meeting with the 
Deputy Collector, Mr. Jhande, on 12 May. In front 
of the deputy collector, police denied they used 
lathis or other form of violence against people 
in the slum. However, an independent team from 
the Tata Institute of Social Sciences has 
first-hand evidence of the events and will be 
releasing its report shortly.

A large police force is still present at the site 
and people face constant threats of arrest and 
further eviction. People are out in the open with 
the belongings that they managed to salvage from 
the demolished site. From latest reports 
received, the police have fenced the demolition 
site with barbed wire, and have removed all those 
people who had set up temporary structures for 
shade.

Women and children are now sitting under the 
scorching sun with no place to go and no 
provision for shelter. The authorities have still 
not provided any resettlement options to the 
evicted. Police officials are also patroling in 
nearby slums and threatening people not to give 
food or shelter to the evicted people. Instances 
of abuse by intoxicated policemen at night have 
also been reported.

It is being reported that the Mumbai Metropolitan 
Region Development Authority (MMRDA) is planning 
to resettle people whose houses were demolished 
as part of the Mithi River Development plan in 
Mandala. This attempt would pit the poor and 
displaced against one another.

The demolition is completely illegal, as the 
government clearly has stated in its affidavit to 
the High Court that Mandala is reserved for 
people whose homes were demolished during the 
2004-2005 slum-clearance drive. Apart from this, 
a High Court-appointed Special Committee under 
the chairmanship of Maharashtra state's Chief 
Secretary is still working on a plan for 
providing affordable housing to all the slum 
dwellers without any reference to a cut-off date.

Background

In May 2004, the Congress Party's Manifesto 
promised to regularise slums built in Mumbai city 
before the year 2000. However, in contravention 
of its Manifesto, the Mumbai government engaged 
in a massive demolition drive between November 
2004 and March 2005 and destroyed an estimated 
92,000 homes in 44 areas. The government 
abandoned a survey undertway to identify those 
individuals and families who had settled prior to 
2000 and, therefore, eligible for protection in 
the event of future demolitions. The government 
notification legalising pre-2000 slums has yet to 
materialise.

Moreover, the government has embarked on a new 
urban renewal initiative known as "Operation 
Makeover," which aims to free up public spaces 
for infrastructure projects including shopping 
malls and entertainment complexes. An estimated 
5,000 homes have been razed so far, with 
demolitions at present being undertaken in all 24 
of Mumbai's wards. This is part of the 
government's goal to reduce the slum population 
of Mumbai from 60% to 20% as mentioned in the 
McKinsey Report for Bombay First (a coalition of 
builders, industrialists and city planners). 
Sacrificing poor citizens' human rights in favour 
of luxury schemes for the rich reflects a 
perverse and distorted paradigm of development.

In the last two months, Mumbai has witnessed a 
fresh spate of brutal demolitions, generally 
accompanied by police violence and the use of 
force against residents. Until now, the city 
government has not provided any rehabilitation or 
alternative housing to any of the evicted. 
Mandala, the site of the present demolitions was 
earmarked as a rehabilitation site for those 
evicted in 2004-05 but ironically, it has also 
become a site of eviction instead.

National and International Human Rights Law Violations

The demolition in Mandala is a blatant violation 
of the human right to adequate housing. These 
forced evictions without adequate rehabilitation 
violate the affected people's fundamental right 
to life and livelihood as enshrined in Article 21 
of the Indian Constitution. Reaffirming the 
principle of indivisibility of all human rights, 
the fundamental right to life encompasses the 
right to live with human dignity. Furthermore, 
Article 14 of the Constitution of India 
guarantees equal protection under law.

The demolition also contradicts the United 
Progressive Alliance (UPA) government's Common 
Minimum Programme (CMP), proposed in May 2004. 
The CMP specifically states: "Forced eviction and 
demolition of slums will be stopped and, while 
undertaking urban renewal, care will be taken to 
see that the urban and semi-urban poor are 
provided housing near their place of occupation."

Besides contradicting the Common Minimum 
Programme, the actions against the people of 
Mandala constitute a violation of their basic 
human rights to life, security, health, work, and 
adequate housing; i.e., the right of all women, 
men and children to gain and sustain a secure 
place to live in peace and dignity.

The authorities have especially violated people's 
entitlements to security of tenure and freedom 
from forced evictions; access to, and benefit 
from public goods and services; information, 
capacity and capacity building; participation and 
self-expression; rights to resettlement and 
adequate compensation for violations and losses; 
and physical security and privacy. All are 
elements of the human right to adequate housing 
as recognized in international law.

By these evictions, the Indian authorities, 
including the local authorities, have breached 
their treaty obligations under, inter alia, 
Articles 2, 11, 12, 13 and 15 of the 
International Covenant on Economic, Social and 
Cultural Rights (ICESCR), to which India acceded 
in 1979. The State has been derelict in its 
obligations as elaborated in the UN Committee on 
Economic, Social and Cultural Rights General 
Comments No. 4 on the right to adequate housing 
and No. 7 on forced evictions. The State of India 
also has contravened its obligations under 
Articles 16, 27 and 39 of the Convention on the 
Rights of the Child (CRC) to which it acceded on 
11 December 1992, and Article 14 of the 
Convention on the Elimination of all Forms of 
Discrimination against Women (CEDaW), which it 
ratified on 9 July 1993. The evictions also 
constitute a gross violation of the new Basic 
Principles and Guidelines on Development-based 
Evictions and Displacement issued by the UN 
Special Rapporteur on Adequate Housing of the UN 
Commission on Human Rights.

Action Requested:
Please write to the authorities in India, urging 
them to respect their obligations under national 
and international law to respect, protect, 
promote and fulfil the human right to adequate 
housing by:

     * Ending police terror in Mandala, and 
withdrawing police forces from the site 
immediately,
     * Instituting an independent enquiry to look into police atrocities,
     * Stopping all demolitions till the committee 
adopted by the High Court on affordable housing 
comes out with a comprehensive housing policy,
     * Compensating people for the destruction of 
their homes and loss of their material and 
nonmaterial losses,
     * Providing adequate alternative housing in the same area.



Please send your communications to the following responsible parties:

Home Minister of Maharashtra
Mr. R.R. Patil

Telephone: +91 (0) 22 -2202-2401, 2202-5014
Fax: + (91) (0) 22- 2202- 4873
Email: DeputyChiefMinister at maharashtra.gov.in

Chief Minister of Maharashtra

Mr. Vilasrao Deshmukh
Fax: +91 (0)22- 2202-9214 / 2363-1446
Phone: +91 (0) 22- 2363 4950
Email: chiefminister at maharashtra.gov.in
Prime Minister of India

Shri Manmohan Singh
7, Race Course Road
New Delhi 110 001
Fax: +91 (0)11 2301-6857 / 9545 (PM office)
Tel: +91 (0)11 2301-8668 / 2312 / 8939 (office);
+91 (0)11 2301-6996 (joint secretary); +91 (0)11 2301-8939 (personal secretary)
Email: manmohan at sansad.nic.inand pmosb at pmo.nic.in
President of India
Mr. APJ Abdul Kalam Azad
Rashtrapati Bhawan
New Delhi 110001

Fax: +91 (0)11 2301-7290; +91 (0)11 2301-7824
Tel: +91 (0)11 2301-3172,
Fax: +91 (0)11 2301-1689
Tel: +91 (0)11 2301-4930, Ext 4211, 4400, 4260 (secretary)
Email: presidentofindia at rb.nic.in
President of Congress Party
Mrs. Sonia Gandhi
10, Janpath
New Delhi - 110 001
Fax : +91 (0)11 2301-8651
Tel: +91 (0)11 2301-9080 / 2379-2263
Email: soniagandhi at sansad.nic.in
Minister for Urban Development
Mr. Jaipal Reddy
Nirman Bhawan
New Delhi 110001
Fax: +91 (0)11 2306-2089
Tel: +91 (0)11 2306-1162


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Buzz on the perils of fundamentalist politics, on
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