You are on page 1of 173

Catalyst for Change

N.Nandhivarman
General Secretary Dravida Peravai
Catalyst for
Change

N.Nandhivarman
General Secretary Dravida Peravai

1
2
Our chosen path………
A politician should know something about everything and
everything about something, defined Aringnar Anna. In the social
milieu where politics is condemned as last resort of the scoundrel,
we want to pursue a different path with determination to prove
that politics need not be cursed for human fault. Men at helm
matters. Trend setter’s failure need not be laid at the doors of a
field that is meant to govern human behaviour and life. We decided
to pursue an experimental politics venturing into fields usually
politicians shun.

Our campaigns, struggles, views and initiatives compiled in these


pages will prove that we had been catalyst for change though all
our crusades have not brought crowning success. Some of my blog
posts quote fully the articles by other authors that stimulated my
thinking process, and our comments are added to present our
views.

We dedicate our lifetime for the Tamils and all human beings on
earth who fight for equality and fraternity with prosperity to be
common fruits to all our kinsmen on earth.

N.Nandhivarman
General Secretary
Dravida Peravai
www.dravidaperavai.org.in

3
Index Page

1. Fishing village fights 5


2. Al-Bashir alias Rajapakshe 21
3. Symposium on Human Genome Project 24
4. Tibet Struggle: Our voice to grant Asylum 27
5. Broken Pacts of Sinhalese 29
6. Tamil refugees and India’s duty 32
7. Bangladesh Enclaves 38
8. On Secularism: A poser to Indian PM 39
9. Make Amarthya Sen Finance Minister of India 46
10.Chinese encirclement of India 49
11.Water Wars: A Court Verdict 51
12.Who owns the world ? 74
13.Way to combat Terrorism 76
14.New Scientific Understanding 79
15.Turkey :Plea to admit in European Union 82
16.Religion is the real problem 87
17.New Zealand’s Last Colony 91
18.East Timor 92
19.Chinese lessons to Tamils 98
20.1965 :Remembering Tamil martyrs 104
21.A moon astrologer’s don’t know 107
22.33 Countries commit Genocide 113
23.Tamil Dance before Bharatha Natyam 115
24.God fathers of Genocide 117
25.Sane voice from Sinhalese Left 121
26.Skeletons of Tsunami 124
27.Oath of Secrecy Violation 127
28.Tsunami Scam: Complaint to Parliament 129
29.New Chief Minister urged to order Probe 140
30.Anti-Nuclear Campaigns 151
31.Karaikal UT Demand 157
32.De-throning tri-gamy Minister 164
33.Book spits venom on Tamils 167
34.The Da Vinci Code and Feminism 169

4
FISHING VILLAGE FIGHTS: SUCCEEDS
Narambai is a fishing village off the Bay of Bengal within the
territorial limits of the Union Territory of Pondicherry. There was
an attempt to evacuate the entire village to set up an offshore LPG
plant from their traditional homes where they were pursuing their
profession for centuries. The Congress Government led by
V.Vaithialingam gave clearance to this project, which will wipe out
the fishing village. The Narambai fishing village Panchayat took up
cudgels against this move which snow balled into a fight for finish
to both sides. We reproduce in verbatim a report from INDIAN
EXPRESS dated 27.05.1995.

LPG PROJECT NEAR PONDY COAST-I

VILLAGERS WAKE UP TO ECO PROBLEMS, TO PROTEST

The residents of a cluster of villages in the Union Territory of


Pondicherry are getting ready to take on a mega multi crore
industrial project which they fear will sound the death knell of not
only their livelihood, but also threaten their right to life.

While environmental activists are jumping into the fray to stop this
project, an encouraging sign is the manner in which these
uneducated villagers are arming themselves with simple technical
knowledge on what environmental and health hazards this project
may pose for them.

The 30 crore project to be put by the Southern LPG Limited,


involves the setting up of an offshore floating terminal for
importing LPG, taking the gas to the shore through a pipeline and
bottling it. A 40,000 ton capacity LPG tanker will be stationed 2.8
kms off the shore of Narambai, a village 17 kms from Pondicherry.
What the villagers and the environmental activists assisting them
question is the clearance given to the project by the Ministry of
Environment in violation of Coastal Regulation Zone (CRZ) of the
Environment Protection Act of 1986.

This stipulates that “no petrochemical complex or petroleum


refinery including crude and petroleum product pipelines" should
be allowed within 500 meters of the High Tide Line.

5
But the project proposed itself says that activity will be within 300
meters of the high tide line.

Slowly Narambai is gaining the support of about 15 surrounding


villages in its fight. On Thursday, Narambai Panchayat head
A.Chandrasekar and representatives of his and other villages met
at Nagamuthu Mariamman temple to voice their fears.
Interestingly the temple archaga not only played host, but also
participated in the discussion of the hazards this project will cause
to the village when the only means of livelihood is fishing.

According to Chandrasekhar 43 acres of cultivable land has been


bought for the project in the heart of Narambai. "A year ago land
survey was done, and four months ago when a huge ship came for
another survey, we sat up, started asking questions and came to
know about this project.

Defending the project Southern LPG General Manager


K.Shanmugasundaram said “in a country which is short of LPG,
this is a beneficial venture. Those objecting to it are ignorant and
do not know that we are taking all safety measures. The LPG will
be taken from the ship through submarine pipelines and the
bottling unit will be located on the shore. The project should go on
stream in four months time.

About CRZ, he said “We are not violating any regulation and the
law allows such activity beyond 200 meters from the High Tide
Line in cases where the activity requires a water front and
foreshore facilities.

But Kishore Vangul, head of the Enviro Legal Cell of the CPR
Environment Education Center, a center for excellence of the
Ministry of environment points out that even though the CRZ
regulations allow relaxation in such issues' several other
parameters from Environment Impact assessment notification has
to be satisfied. These relate to human settlements and
displacement of population. The project report has falsely stated
that the project is away from major human settlements and there
will be no displacement of the population.

Time and again the Supreme Court has come to the rescue of
people when there is a threat to right to life and livelihood and
both these dangers are very real in this case. The project proposal

6
says 150 people will be given jobs. But for this, is it right to take
away the livelihood of thousands of people?

Director of The CPR Center, Nandita Krishna said “We will first
appeal to the company as well as the Ministry to have a reappraisal
of the project. If this does not work we will help the people of the
region to go to Court, but only as a last resort."

The Environment Ministry cleared the project on January 19, 1995


but subject to certain conditions. One of these is that "adequate
distance should be kept from the Narambai village in consultation
with the Chief Controller of Explosives." It has also said for "safety
reasons the tanker should be moved to high seas on receiving
storm warnings and a study should be done on the long term
impact of the project on fishing activities and its report submitted
to this ministry within a year". But one wonders whether the
Ministry should ask for such an assurance after clearing a project?

Environmental Hazards of LPG Project-Part II

KNOWLEDGE IS POWER, DISCOVER THE PEOPLE OF


NARAMBAI

When a journalist goes to a fishing village to write about the


concern of the local people against the ecological threats posed to
them by a massive LPG project to come up at Narambai village in
the Union territory of Pondicherry, the last thing she expects to
find there is local youth voicing his concern about environmental
degradation in the place by reeling off acronyms like the EPA or
CRZ.

But then Ramachandran( name fictitious as he had applied for


government job ) though he belongs to the toddy tapping
community of Pillayarkuppam has done his M.Sc in Environmental
Science from the Center for Pollution Control and Bio Waste
Energy of Pondicherry University.

"Already there are 7 chemical industries within a radius of one


kilometer from here, and the Pondicherry Papers is discharging its
effluents into the sea. During the last three years tube wells up to
15 meters depth have been polluted by these chemical units. For 5
years we had severe problems in getting potable water and only
after several representations has the Pondicherry Government

7
taken steps to provide us water during the last 3 months. Though
no epidemiological studies have been made to assess the medical
problems caused by these chemical industries, in the evenings the
area is completely under smoke.

"LPG is highly inflammable and the slightest accident might wipe


out villages. And in a water starved area from where they will get
water to fight any fire which may break out" he asks. ( The
clearance granted by the Ministry of Environment to the project
clearly stipulates that" No wells should be dug for drawing fresh
water from the ground."

While there is such knowledgeable Ramachandiran there are


thousands of illiterate villagers in the area. And yet the way they
have armed themselves with simple technical knowledge about the
proposed LPG project is amazing. Narambai Panchayat President
A.Chandraseksar says “As most of us are illiterates, there are only 3
graduates in our village, we went to Pondicherry and with the help
of some sympathetic people in the Pondicherry Pollution Control
Board, educated ourselves about the adverse effects of this project.
After understanding the issue, last fortnight we submitted a
representation to the board protesting against the project. But as
nothing has come of it we will now meet the Pondicherry
Lt.Governor Rajendra Kumari Bajpayee.

What has disappointed him most is that their detailed


representation made to the Chief Justice of India on January 1,
1995 appealing for Supreme Courts intervention in the matter has
not even got an acknowledgment. The people of the adjoining
fishing villages Pudukuppam and Pannithittu have also joined the
struggle and a joint line of action has been charted out to include a
dharna, hunger strike, rasta roko etc.

Says Youth President of the Panchayat Velayuthan “When a single


gas cylinder explodes in a house how many people die? Here we
are talking about 40,000 tons of LPG. When out on the sea, most
of us smoke and one lighted beedi carelessly thrown can cause fire
to destroy lives and property.

Adds Panchayat Vice President V.Jayabalan “If we go anywhere


near the LPG terminal our nets will get entangled in those pipes
and we can't afford to lose a net which costs around Rs 10,000.

8
Chandrasekar raises a more valid point." During the last few years
all kinds of chemical units have cropped up in this region and
polluted our water resources. And the Pondicherry Paper Mill
discharges its effluent through a pipeline into the sea. Already
some of us have lost our nets when got entangled with those pipes.
When the mill came up in the late 1970's, we did not envisage this
problem. With chemically polluted water our children are
constantly suffering from dysentery, cholera and skin diseases.
And we do not know what other problems our future generations
may face."

Dispelling the fishermen's fears about their nets


Mr.Shanmugasundaram from Southern LPG said “As our pipeline
will be embedded in the sea, there is no danger to the nets. If there
is need we will also help them with their fishing activity."

While villagers are on warpath and the company spokesperson says


that all necessary precautions have been taken for this first of its
kind project in India, it remains to be seen whether public hearing
to be organized by the CPR environment center which hopes to
involve the National Human Rights Commission will have the
desired impact.

News filed by Ms.Rasheeda Bhagat.

Dravida Ilaignar Peravai intervenes

While this issue was heating up no political party came forward to


address to the concerns of the villagers. The Secretary of Narambai
Village Panchayat Mr.A.Kanagasabai and Treasurer Mahalingam
met Dravida Ilaignar Peravai Convener and sought his support.

Dravida Ilaignar Peravai, a forum for uniting youth caught between


various Dravidian political outfits had made its appearance in May
1994 at the Pondicherry political scene.

Former Minister G.Viswanathan M.A.B.L ex M.P, currently the


Chancellor of Vellore Institute of Technology presided, Former
Ministers Azhagu Thirunavukkarasu and S.R.Radha, with
L.Ilayaperumal Ex M.P on stage, Dravida Ilaignar Peravai was
launched. N.Nandhivarman, a life long DMK activist who was on a
15 year self imposed political exile was called upon to undertake
the task of uniting the youth.

9
The association of Dravida Ilaignar Peravai with Narambai
Fishermen Panchayat grew day by day cementing an everlasting
bond of comradeship. In the ultimate success of the peoples
struggle the role of two journalists must be recorded with
gratitude. They are T.Manivannan of The Indian Express and
M.Ramachandiran of Dinamani Tamil daily. Mr.T.Manivannan is
currently the Bureau Chief of Tamil News at BBC London. Dravida
Ilaignar Peravai released an unpublished report of an expert study
about which a report by T.Manivannan in The Indian Express is
reproduced here.

RAPID INDUSTRIALIZATION AT THE COST OF CLEAN


ENVIRONMENT?

Report in The Indian Express- 16.1.1996 by T.Manivannan

The Pondicherry Government may boast about rapid growth in


industries in Pondicherry region in the past decade, but the
achievement instead of improving the quality of life of the citizens,
has only made life miserable for the people at length in the heavily
industrialized Kirumampakkam area of Bahour commune.

10
Industrial pollution in the Kirumampakkam area, which has been
the most talked about subject in lay circles in past few years and
more has now been confined by the findings of an expert study
sponsored by the Government itself which is however predictably
gathering dust somewhere in the bureaucratic cupboards.

Air, water, land as well as the biotic environment of


Pillayarkuppam-Kirumampakkam area have already become
grossly polluted with the pollution levels exceeding the parameters
set by the regulatory agencies, the hitherto unpublished interim
report of a study by the Center for Pollution Control and Bio Waste
Energy of The Pondicherry University has revealed.

The Environment Impact and Sustainability studies in


Pillayarkuppam-Kirumampakkam areas as the study has been
called commissioned by the Government of Pondicherry at the
height of criticism from the public on the degradation of the
environment in the area, is yet to be over but the interim report
itself submitted to the Government in 1994 is devastating.

Air in Kirumampakkam which lies on the Pondicherry-Cuddalore


road is unclean and falls below the standards of air quality
prescribed by the regulatory agencies like Central Pollution Control
Board and the Department of Science&Technology and
Environment of Pondicherry Government, the report has stated. In
the samplings obtained during 1800 hours of eight hour exercises
over a period of five months, it was found that all the samples
taken in the sensitive area (a primary school) from winter to
summer indicated air pollution. Even in the PIPDIC Industrial
Estate where being an industrial area, much more liberal standards
of air quality are applicable than in the residential and sensitive
areas, as many as 86 percent of the samples taken in a particular
month were polluted.

The samples collected in residential areas also revealed extensive


pollution. While in one residential site 80 percent of the samples
taken in a month indicated air pollution, in a second site 60
percent of the samples were found to be of unacceptable air
quality.

The study states that none of the areas sampled in the


Pillayarkuppam-Kirumampakkam is free from air pollution, and in

11
some months, the pollution is so damagingly persistent that the air
is harmful most of the time.

The report notes that all through the study by a coincidence the
atmospheric stability was never at its worst possible.: In situation
such as during heavy cloud cover when the stability will be more
than during our studies, the concentrations of the air pollutants are
likely to be higher and more persistent and their impact on the
environment is likely to be more severe, it warns........ (To be
concluded)

Industrialization and Environment II

WATER SCENARIO TAKES ALARMING PROPORTIONS

Report in 18.1.1996 The Indian Express by T.Manivannan

While the air quality in the industrialized Kirumampakkam -


Pillayarkuppam areas has been found to be polluted, the water
environment scenario is most alarming.

A combination of excessive ground water withdrawal by industries


and pollution of the aquifers due to letting out industrial effluents
has wrought havoc on the drinking water front in the villages
around Kirumampakkam, the Environment Impact assessment
conducted by the Center for Pollution Control and Bio Waste
Energy of the Pondicherry University has revealed.

The samples taken during a three month period had electrical


conductivity above the drinking water standards, in a majority of
cases several times higher. The Total Dissolved Solids also were
above the permissible limits. Alkalinity, hardness, sulphate, BOD,
phosphorous etc were also too high in all but a few samples.

The study states that the pollution of the water environment might
be due to heavy withdrawal of ground water leading to salinity
intrusion and pollution of aquifers due to industrial effluents.
Barely eleven years ago, were many of the now salinised wells
usable according to the report. After the establishment of the
industries during the 1980's and consequent spurt in ground water
extraction, the salinity intrusion began and in a few years several
well had become saline.

12
Aggravating this seriously was the pollution caused by industries
by way of effluents discharged in ponds and on land and run off
from the solid waste dumps. These have polluted surface water
bodies which being rain fed should not otherwise have become
saline. The ground water also has been polluted by infiltration of
these effluents. The study using statistical analysis of water quality
data concludes that the ponds and underground aquifers keep
receiving waste waters of varying characteristics and
concentrations due to industrial inputs.

More alarming is the finding that water samples taken from these
areas contained excessive concentrations of toxic elements such as
arsenic and mercury. Mercury was found in concentrations 16 to
38 times higher than the permissible limit in all the samples
analyzed for heavy metals wherever arsenic was found to be
crossing the permissible levels in 50 percent of the cases, the
report states.

What has been the impact of such pollution on agriculture? The


interim report has painted a rather grim picture of the situation in
a separate chapter. Agriculture which was the favored occupation
of the villagers till a couple of decades ago has with the advent of
small scale industries suffered a slight set back, to gradually
worsen thereafter, the report says. Paddy yield has dwindled to half
of the yield of the pre industrialization years, rice quality had come
down save in Babour area, some paddy fields have become
completely useless for agriculture forcing the farmers to switch to
casuarinas plantations. In the fields where casuarinas plantation
was going on for several years, the yield and profit has been
reduced to nearly one third of the past years. Cultivation of ragi
and millets has been completely stopped because of lack of water.
The number of pods in groundnut crops has also shrunk
considerably compared to the past, the report says.

Solid waste dumps piled across the villages are not only a major
environmental hazard but also objectionable from purely a civic
point of view because they are either dumped on government land
or private property. The run off from solid waste during rains also
pollute the surface water and the percolation wells dug by the local
bodies to collect water during the rainy season. Solid waste also
contaminates the nearby vegetation and when cattle graze on such
vegetation the pollutants contaminate them and through them

13
reach humans. The impact of the pollutants is particularly severe
on children, the report states.

In its interim recommendations the study calls for a ban on new


industries that has gaseous, aqueous or solid emissions to come up
in the area. No permission should be granted for capacity
expansion to any such industry unless strong and swift steps are
taken for bringing down pollutant emission levels and restoring the
water and land environments. Only non polluting industries may
be permitted as of now. In order to bring down the air and water
pollution levels in the area, it is imperative that pollution control;
measures thus far adopted by each of the industries are reviewed
and suitably upgraded, the study states.

The government which received the interim report in September


1994 is yet to make it public or even place it in the Assembly.
Criticizing this N.Nandhivarman an environmental activist
concentrating on green issues said "allocating money for a study...
to escape from criticism and keep even interim reports as sensitive
state secrets does not augur well for an open society. Enclosing a
copy of the Interim Report to the National Human Rights
Commission Nandhivarman wanted the commission to direct the
Ministry of Environment and Forests to withdraw the delegation of
powers conferred on the Pondicherry Pollution Control Committee
in 1992 and confer it on the Central Pollution Control Board.
[Concluded]

THEN A WRIT WAS FILED IN HIGH COURT OF


MADRAS JOINTLY BY NARAMBAI VILLAGE
PANCHAYAT AND DRAVIDA PERAVAI
The other background story on environmental issues is given
below:

CALL FOR WATER SURVEY

A call to conduct immediately water surveys and preparation of


water budgets every year in Pondicherry was made by the Dravida
Ilaignar Peravai Convener N.Nandhivarman here on Saturday. In a
statement here, Nandhivarman pointed out that while in the rest of
the country the surveys are over, the territories of Pondicherry,
Daman, Diu, Dadra and Nagar Haveli were yet to institute survey
under the aegis of the Rajiv Gandhi National Drinking Water
mission. Stating that while the ground water position was

14
becoming more and more problematic in Pondicherry the over
mining of water, Nandhivarman said the surface water position
also has become precarious due to encroachments in tanks and
canals.

Criticizing the Government for allowing industries to tap ground


water in abundant quantity, Nandhivarman cited the instance of a
drug manufacturing unit in Kalapet now mining water to the tune
of 3 lakh liters per day from a well earlier capped by the
Pondicherry government. Suggesting the constitution of
committees comprising environmentalists, local people, political
representatives and hydrologists to visit industries and submit a
Report to the Government for acting against various water
consumptive industries. Nandhivarman also demanded check
posts and special squads to prevent water smuggling by tankers to
areas outside Pondicherry.

[The Indian Express and Dinamani of January 14-1996]

GOVERNMENT KEEPING ECO PANELS DEFUNCT

Pondicherry Government was accused of keeping the two


environmental bodies, The Environment Council and Pondicherry
State environment Committee defunct thorough the years and
clearing the applications for licenses by polluting industries. The
Dravida Ilaignar Peravai Convener N.Nandhivarman in a letter to
the Lt.Governor demanded freezing of clearances for polluting
industries and also a probe into clearances given so far. In a
scathing attack on the government towards preserving
environment, Nandhivarman pointed out that the two government
panels, the Environment Council constituted in 1987 and later
reconstituted as Environment Protection Council in 1990 and the
Pondicherry State Environment Committee created in 1989 have
not been functioning since their inception.

The Department of Science Technology and environment is bereft


of powers which is why clearances to polluting industries that can
grease the palms are on the increase and with elections round the
corner clearances are available to anyone who can manage the
government. The Environment Council should have met twice or
thrice a year but it has not been meeting at all these days, he said
adding the Council had been kept under cold storage. He also
demanded a white paper by the Ministry of environments into the

15
functioning or non-functioning of the council as well as the
Committee.

[The Indian Express- January 7- 1996]

NARAMBAI STRUGGLE BECOMES ELECTION ISSUE

The issue was made an election issue, Dravida Ilaignar Peravai,


meanwhile was renamed as Dravida Peravai. It extended support
to the DMK led Alliance in the polls to the Assembly. On the eve of
elections the Congress Chief Minister V.Vaithialingam promised
the Narambai villagers that his Government will not and had not
given No objection Certificate for the proposed LPG plant which
will ultimately result in entire village being evacuated. Before the
Chief Minister reached the village for his campaign, over night
Dravida Peravai and Indian National League had scanned the
official file signatures of the No objection Certificate and
distributed in pamphlets.

Thus the Chief Minister's false promises were exposed. In that


election the Indian National Congress candidate lost. The newly
formed Tamil Maanila Congress won the Bahour seat.Dravida
Peravai never contests. The Union Government meanwhile
cancelled its clearance, thus yielding to peoples struggle.

LEGAL BATTLE:
UNION GOVERNMENT WITHDRAWS CLEARANCE:
HIGH COURT DISMISSES PETITION

[Meanwhile a writ petition jointly by the Narambai Fishermen


Village Panchayat and Dravida Peravai was filed at the High Court
of Madras. Environmental Lawyers T.Mohan and Ms.Devika
Mohan argued these cases on behalf of the petitioners. But the writ
was lost.W.P.14328 of 1996 and W.M.P No.19538 of 1996 before
the Bench comprising Honorable K.A.SWAMI, Chief Justice and
Honorable Justice Kanakaraj was dismissed on 7.03.1997
“Dismissing as infructous the writ petition and dismissed W.M.P
as stated within"]

ORDER OF THE COURT MADE BY THE HON'BLE CHIEF


JUSTICE In This petition under article 226 of the Constitution, the
petitioner has sought for quashing the letter no.J-11012/31-94-

16
1A.II{I] date 19. 01.1995 issued by the first respondent granting
environment clearance for starting LPG bottling project.

Several grounds are raised in support of the relief sought for.


However it is not necessary to go into the merits of these
contentions having regard to the fact that Central Government has
now withdrawn the environment clearance given and has held that
the project cannot take place in the site proposed in respect of
which the clearance was given. The communication is dated 15 th
May 1996 and is issued by the Ministry of Environment and
Forests bearing No J-11012/31/94-IA.II{I} which reads thus;

Subject: LPG facilities near Narambai village Pondicherry-


environmental clearance regarding

Sir

This is in continuation of letter of even number dated 16 th August


1995 on the above subject. The proposal has been reexamined. The
entire proposal of LPG terminal facilities comprises the following
three components.

i] 40,000 tons of capacity floating storage {off-shore}

ii} Laying of pipe line for transfer of LPG from mother vessel to on
shore terminal.

iii} Creation of on shore terminal {pressurized storage of LPG and


bottling plant including infrastructural facilities.}

The proposed on shore facilities are falling within 500 meters of


the HTL and as per provisions of CRZ notification No.S.O 114 E
dated 19 th Febraury 1991 location of such facilities within Coastal
Regulation Zone is a prohibited activity. In view of the above it is
not possible to accord clearance to the project in the present form
from environmental angle.

3. Thus the fourth respondent cannot now establish the LPG


bottling plant at the place for which clearance had already been
granted, as the clearance has now been withdrawn. In addition to
that, the fourth respondent in paragraph 3 of his counter affidavit
has stated thus.

17
“I submit that the above writ petition has become infractous and is
liable to be dismissed on the sole ground that the first respondent
has since withdrawn their approval granted in letter No.
J/11012/31/94 I a dated 15.05.1996, pursuant to the orders of the
Hon'ble Supreme Court of India not to locate any industrial unit
within 500 meters of the High tide Line. As the company's project
as originally envisaged and cleared by the Government of India fell
within the Coastal regulation Zone of 500 meters from HTL, the
Government revoked its earlier approval. Hence the question of
quashing the aforesaid approval does not arise.

4. On reading of the letter dated 15 th May 1996 issued by the


Ministry of environment and Forests, it is clear that the earlier
clearance granted for establishing the LPG bottling plant within
500 meters of the HTL has been withdrawn on the ground that the
same is prohibited by CRZ Notification No S,0 114 E dated
19.02.1991. Consequently fourth respondent cannot at all establish
the LPG bottling plant at the site already proposed to establish.

5. That being so, this writ petition has become infractuous. It is


accordingly disposed of subject to the aforesaid finding recorded
by us that the 4 th respondent cannot at all establish the plant at
the place in question.

6. As far as the other objections raised by the petitioner are


concerned, the same are left open and it is open to the petitioner to
raise the same as and when it becomes necessary. No costs.

7. W.M.P no 19538 of 1996 is dismissed

FISHERMEN DRIVE AWAY SURVEY VESSEL

With The High Court of Madras passing this order the setting up of
LPG unit must have been laid to rest. But it is not so. Emissaries
were sent to N.Nandhivarman to persuade him and use him to
pacify the Narambai villagers. A former MLA of Tamil Nadu called
him to a Star Hotel in Pondicherry and tried his best. “I have
fought against LPG plant when Congress government backed it,
now how can I withdraw just because DMK Coalition had come to
power" Nandhivarman retarded. Then one fine morning when
fishermen woke up for the day, the found new vessels near their
village surveying. This was on May 8 th 1997, two months after the
High Court judgment. The infuriarated villagers took their

18
catamarans and boats went racing to the vessel. The officials who
had come to survey on behalf of the LPG plant sponsors fled from
the scene. This heroic struggle is recoded by Dinamani Tamil Daily
on May10. 1997.

The struggle ended in success. First time in India a fishermen


village succeeded in driving a multi national company out of its
soil. This success of an indigenous community is an epoch making
one. Among the leading figures of the Narambai Fishermen
Panchayat Mr.A.Kanagasabai, Mr.A.Baskar and Mr.Mahalingam
remain ever grateful for the services rendered by Dravida Peravai.
They did not join Dravida Peravai. Caste considerations were
attracting them. They floated a political party for the fishermen
only to be disillusioned by lack of inner party democracy there.
They parted from that outfit and remain with broken heart.
Mr.A.Kanagasabai having fought this battle against an MNC, was
suitably punished by being denied of government job, which he got
after so many years only recently. The village life continues with
tsunami visiting them. Once again they fought the fury of Nature.

19
20
AL-BASHIR ALIAS RAJAPAKSHE
International Criminal Court had found Sudan President to have
committed genocide. If we look at the meaning for genocide, we get
the following explanation “The term 'Genocide' was coined by a
jurist named Raphael Lemkin in 1944 by combining the Greek
word 'genos' (race) with the Latin word 'cide' (killing). Genocide as
defined by the United Nations in 1948 means any of the following
acts committed with intent to destroy, in whole or in part, a
national, ethnic, racial or religious group, including: (a) killing
members of the group (b) causing serious bodily or mental harm to
members of the group (c) deliberately inflicting on the group
conditions of life calculated to bring about its physical destruction
in whole or in part (d) imposing measures intended to prevent
births within the group (e) forcibly transferring children of the
group to another group”. The news reports about Sudan
President’s indictment are as follows. Dravida Peravai feels
Srilankan President who kills his own countrymen if they are
Tamils and Indian fishermen must be charged for genocide in
International Court of Justice.

Mr. Moreno-Ocampo, the prosecutor at the International Criminal


Court has formally requested an arrest warrant for Sudan’s
president, Omar Hassan al-Bashir. Mr. Al-Bashir thereby becomes
the first international leader accused of the highest crimes against
humanity.

Mr. Moreno-Ocampo declared he has found “reasonable grounds”


to accuse the Sudanese president on ten different counts which
include three counts of genocide for killing members of the Fur,
Masalit and Zaghawa ethnic groups; five counts of crimes against
humanity for murder, extermination, forcible transfer, torture and
rape; and two counts of war crimes for attacks on civilian
populations in Darfur. “Al Bashir failed to defeat the rebels, so he
went after the people,” the Argentinean prosecutor declared.

It is expected that the judges will authorize the arrest warrant for
Sudan’s president since they have accepted all the previous 11
arrest warrants requested by Moreno-Ocampo in the last five
years. Firstly, one of China’s more important political allies in
Africa has officially been charged with Genocide. Any government
recognizing his legitimacy from now on will immediately be linked
to the charges.

21
This is the first international charge of genocide ever recorded. Our
grand-grand children will talk about the 14th of July as a historic
date. This is a symbolic date that will never be forgotten. I wonder
whether the date for the announcement was randomly or
specifically chosen due to the fact that today is also the national
day of France, whose famous motto is well-known around the
world: Liberté, égalité, fraternité. And today that is the case for the
Sudanese. Their first signal of freedom has just been made.
Coming back to China, from this day China will officially be
conducting business with a government put under the most
terrible legal accusation in the world. Al-Bashir will most likely be
banned from traveling; the African Union will tacitly or directly
have to distance itself from him and his government. The future
looks dire both for the Sudanese and the Chinese governments.

According to the UN regulations, the Security Council will meet


and decide how the arrest warrant will be implemented, when and
how. The trick here though is that the judges have not yet officially
enacted the warrant and they have two months before doing so.
What does that mean? It means that for two months the
international pressure will be mounting against countries like
Russia and China. Public outrage, angry editorials, mass protests,
we will see it all. We will be experiencing the largest mass
movement around the world meant to put pressure on China and
Russia. If the vote would have been given tomorrow, then maybe
the two powers would have vetoed it but since two months will
pass before the warrant is approved, then it will be much more
difficult for these countries to oppose.

The reality at the end of the day is that the place that needs real
changes the most; the people in Darfur, have only achieved a
symbolic victory. Their lives will not be changed significantly. They
are not safer than in the past, though some analysts could safely
argue that the government will be more cautious before sending
more troops in Darfur. Genocide will not stop.

The 2.5 million refugees will not return home. If this conflict will
ever chase to exist without killing other hundreds of thousands of
people, this is something for the international community to
decide. It is not the indictment itself but how it will be played out
that will make a difference in the lives of the Darfurians.Moreover;
some general trends are easily predictable. The Sudanese
government will not accept the authority of the ICC. It will try to

22
find supporters among the Arab League members, the African
Union states or directly from Russia and China. It will fight this
indictment both legally and ideologically (play the race card or the
poverty card). It remains to be seen who exactly will have the
courage to fight for al-Bashir directly. He is no longer just the
president of Sudan: he is the killer who is the president of Sudan.

There is something else few analysts will talk about these days. It’s
about a man who consciously carries the guilt of not acting in time
to protect the lives of one million Rwandans who were decimated
in 1994. A man who put the bases and carried a long and
exhausting battle to make the ICC an internationally recognized
legal parasitical organization.

LET TAMILS PLAN TAKING GENOCIDE OF TAMILS TO


INTERNATIONAL CRIMINAL COURT

23
HUMAN GENOME PROJECT
To hold a symposium on Human Genome project is not in the
agendas of action pursued by political parties. On 15.12.2000 in its
party auditorium Dravida Peravai invited Dr.Pandjassarame
Kangueane of the National University of Singapore to deliver a
lecture on this subject.

To know about the scientific achievement we are reproducing from


THE TIMES OF INDIA report: Human Genome mapping
Complete: Experts

Bethesda (Maryland): The human genome is complete and the


human genome project is over, leaders of public consortium of
academic centers said on Monday. "We have before us the
instruction set that carries each of us from one cell egg through
adulthood to grave" Dr.Robert Waterson, a leading genome
sequencer said at a news conference here at the National Institute
of Health. Their announcement marked the end of a scientific
venture that began in October 1990 and was expected to take 15
years. Monday's finishing date two years ahead of schedule, was
timed to coincide with the 50 th anniversary of the discovery of the
structure of DNA by Dr.James D.Watson and Dr.Francis Crick.
Their article appeared in the April 25, 1953 issue of "Nature".

Dr.Watson who became the first Director of the Human Genome


project at the institute was at a conference here on Monday to
celebrate the genome's completion. He had sought that goal; he
said realizing that a family member’s illness would never be
treatable "until we understand the human programme for health
and disease. A working draft of the human genome sequence was
announced with much fanfare 3 years ago in a White House
ceremony. But at that stage the human genome project had
completed only 85 percent of the genome and its commercial rival
the Celera Corporation using the projects data as well as its own,
had attained somewhat more. The project's draft was not a thing of
beauty. It consisted thousands of short segments of DNA, whose
order and orientation in the full genome was largely unknown.
Three years later, the international consortium of genome
sequencing centers has now put all the fragments in order and
closed most of the gaps, producing an extensive and highly
accurate sequence of the 3.1 billion u units of DNA of the human
genome. The data perceived as the foundation of a new era of

24
medicine, will be posted for free on genetic data banks. Celera
whose data was available by subscription never intended to carry
its draft genome to completion.

The working draft of three years ago contained most human genes
and was useful for researchers seeking a specific gene. But up to a
year ago biologists said they often had to do considerable extra
sequencing work on the DNA regions they were interested in. The
completed genome announced on Monday is far more accurate. It
can be used out of the box, so to speak, without extra re-
sequencing. The genes and other important elements of the
genome are now almost in their correct position, a vital
requirement for researchers seeking to locate a gene that
contributes to disease. Scientists praised the human genome
project for its further 3 years of hard work and for producing a
resource of enormous value to research. But several qualified their
administration by noting that even if the project is complete, the
human genome is not. The parts of the genome still missing are of
minor importance, but many biologists would like to see them
sequenced before declaring the genome finished. The human
genome is packed in 23 pairs of chromosomes, each a giant
molecule of DNA. Though DNA's best known role is to encode the
information needed to build specific proteins, the working parts of
the living cell, some of the DNA performs structured roles. This
included the DNA at the tips of each chromosome/0 and at the
center. The tip and center DNA consists of monotonously repeated
sequences whose extract order of units is so hard to determine that
the consortium's leaders said from the outset they would not try to
do so. .... [News report by: Nicholas Wade in 2003]

On this issue even in 2000 itself Dravida Peravai, the only political
party in India which showed interest in developing scientific
temper, organized a symposium. The invitation of the symposium
is as follows:

FUTURE MEDICINE INFLUENCED BY HUMAN GENOME


PROJECT AND COMPUTATIONAL DEVELOPMENTS:
SYMPOSIUM

Venue: Anna Arangam- Date: 15.12.2000--Welcome Address:


Ms.Hemavathy [Vice president Science Forum] President:
N.Nandhivarman [General Secretary Dravida Peravai] in the
august presence of Dr.S.V.Narayanan Dean of School of

25
Management, Pondicherry University, Keynote Address in Tamil
by young scientist of Singapore and son of Pondicherry's soil
Dr.Pandjassarame Kangueane B.Tech. Ph.D

" The future is full of promise as it is fraught with uncertainty. The


industrial society is giving way to one based on knowledge and
those without it. We must learn and be part of the knowledge
based world. Knowledge is fundamental in Biology, a discipline of
extreme complexity. The Human Genome Project and
computational developments will change the practice of medicine
in future. in his key note address, the young scientist of our soil
will outline how HLA (gene) INFORMATICS can be utilized in
vaccine design, diagnosis and treatment" All from all walks of life
are cordially invited, said the invitation. Dr.Arima Magizhgo
delivered the vote of thanks.

26
TIBET STRUGGLE
ASYLUM TO KARMAPA WILL MAR RELATIONS

With this headline "The New Indian Express" front page-all edition
news describes the unhappiness by Chinese government over
granting of asylum to 14 year old Tibetan spiritual leader Karmapa
Rimpoche. Beneath that news in a box item "Asylum for Karmapa"
was the UNI story from Pondicherry. It is given as follows:

The Dravida Peravai, a political party here, today urged the Center
to grant asylum to Karmapa. Dravida Peravai General Secretary
N.Nandhivarman made this demand in a representation to
External Affairs Minister Jaswant Singh.[UNI] The full text of the
memorandum is given here.

Today's new stories reveal the escape of 14 year old Karmapa and
his 24 year old sister with the help of 4 others negotiating 16000
feet snowbound mountain passes and trekking 900 miles from
Tibet to India. We demand that Indian government must grant
political asylum to the 14 year old Karmapa Lama Ugyen Trinley
Dorje and his team.

Chinese staked their claim to Tibet on the marriage of a Tibetan


King Sonsten Gampo to a Chinese Princess in the 17 th century.
This claim lacked logic because the Tibetan King's senior bride
Princess Brikuti Devi of Nepal deserves first preference over
Chinese Princess and thus the Chinese claim is unsustainable.
Having failed to clinch their claim Chinese retreated to 13 th
century evidences basing on the establishment of Mongol influence
over Tibet. However Mongols are a different nation and Chinese
have always considered them as aliens. In 1911 when the
Nationalist Revolution toppled the Chi'ng dynasty, Sun Yatsen said
that the “China had been twice occupied by foreign powers, the
first by Yuans (Mongol emperors) and second by Chi'ngs (Manchu
emperors). In any case, the Mongol influence in Tibet came to an
end in 1350, eighteen years before China overthrew them. It
becomes evident that China is building a castle of lies to invade
Tibet.

In 1949 when Nepal applied for U.N. Membership it cited its


diplomatic relations with Tibet to prove that it was a sovereign
state. The U.N. accepted this argument and thus effectively

27
recognized Tibet's status as a sovereign state. During the UN
general assembly debate on Tibet Irish representative Frank Aitkin
stated " For 1000 years or for a couple of 1000 years, at any rate
Tibet was as free and fully in control of its own affairs as ant nation
in this assembly and a thousand times more free to look after its
own affairs than many of the nations here [UN General assembly
docs A/PV 898/1960; a/PV 1394, 1401, 1965].................

The lengthy letter ends with the appeal to Government of India


“Let us provide asylum to Karmapa Lama Ugyen Trinley Dorje and
Gandhian land must not fail in its historical duty....

28
BROKEN PACTS
Dravida Peravai released a White Paper on The Srilankan Tamil
issue. It organized an all party meeting to discuss the whole issue.
Its view may not be acceptable to all but in a democracy various
views have to be discussed and no view point could be suppressed
in a civilized democracy like India. We reproduce the condensed
version of the White Paper released by www.TamilCanadian.com,
foe which we thank them. As appearing in Tamil Canadian.com,
the text follows:

We have been hearing parrot-like repetitive statements from policy


framers of this country that a political solution within the
framework of a unified nation is alone the only panacea available
to resolve the conflict between the freedom fighters of Tamil Ealam
and the oppressive Sinhalese regime of Sri Lanka. We must go back
in our memory lane to find out what happened to:

1. The Bandaranaike- Chelvanayam Pact of 1957

2. Dudley Senanaike-S.V.J.Chelvanayagam Pact in 1965

3. The Indo-Lanka Accord

4. 13th Amendment to Lankan Constitution in 1987

5. The Democratic People’s Alliance proposals of 1988

6. The interim report of Mangala Moonesinghe Parliamentary


Select Committee 1992

7. The Gamini Dissanayake proposals contained in the UNP


manifesto1994.

8. Draft provisions of the Constitution containing the proposals of


the Government of Sri lanka relating to devolution of power by
Chandrika.

23 initiatives between 1957 and now had failed to yield any result.
Yet Indian bureaucracy is trying to mislead this government also
that “ political solution” is possible what new proposal India has
which has not been said in of these 23 proposals and which India
thinks can resolve the crisis within the framework of a unitary

29
state. India that cannot resolve Kashmir issue or for that matter
the question of sub-nationalism in India is now gearing itself to
commit another faux pas in its foreign policy. Dravida Peravai
urges the Union government to be clear in its goals, sure of its
approach and have a clear-cut solution in mind before taking the
plunge.

The 1978 constitution adopted by the UNP government (1977-


1989) once for all had closed all options towards federalism. Article
2 of that Constitution declares the Republic of Sri Lanka as a
UNITARY STATE. Article 76 declares that Parliament shall not
abdicate in any manner alienate its legislative power and shall not
set up any authority with legislative power. THESE TWO
ARTICLES PROHIBITS POLITICAL DEVOLUTION. Yet Indian
government influenced by quixotic arguments of bureaucrats
hopes it can mediate and resolve the crisis. A clever ploy by the
Pro-Sinhalese media warns that secessionism will rear its head in
Tamil Nadu. None thought that Indian Muslims, who are more in
number compared to Tamils, will demand a homeland here, if
Palestinian cause is supported by India. The kind of genocide
witnessed in Ealam is unheard of in Indian soil and condition is
not conducive here for any movement to gain much foothold.

The right of self-determination must be respected and if India


intends to intervene it should seek United Nations help to hold a
plebiscite in Ealam and accept the verdict of the people. India
cannot and should not impose the prescriptions offered by its
bureaucracy.

Many policy makers live in a world of make belief. They think 1983
is watershed in the history of Sri Lanka. IT IS NOT SO. IT IS
TRUE THAT SINHALESE STARTED TARGETING TAMILS
FROM 1983. BUT SINHALESE WERE FOR ETHNIC CLEANSING
DATING BACK TO A CENTURY. Kumari Jayawardene in her book
on Ethnic and class clashes in Sri Lanka wrote: The first riots in
recent history of Sri lanka occurred in 1883 at Kotana adjacent to
Colombo between Sinhalese Buddhists and Catholics.’ So religious
intolerance is one hallmark of Sinhalese policy.

While plantation labour went from India in search of jobs,


Anagarika Dharmapala was furious over British for importing
untouchables to Sri Lanka. This stands testimony to the anti-dalit
mentality of the Sinhalese chauvinists.

30
The next to be targeted were small traders from Bombay and South
India. Buddhist religious leader Anagarika Dharmapala spitted
venom in his speeches against North and South Indian traders. The
culmination of this hate campaign resulted in wherein numerous
lost their lives in 1915.In 1930 Sinhalese chauvinists next ignited
their campaign of hate against the 30000 settlers from Kerala.
A.E.Gunesingha, a trade unionist groomed by none other than
Communist leader A.K.Gopalan launched vituperative attacks
through his mouthpiece ”Veeraiyya”

So, much before British offered universal suffrage in 1920, the


Sinhalese were keen to get rid of Indian plantation Tamils. The
problem of plantation which Srimavo-Sastri pact tried to aggravate
by terming them as a separate country less people IS A
HIMALAYAM BLUNDER committed by our external affairs policy
makers.

Then came the EALAM TAMILS ETHNIC ISSUE, which has any
solution all these years. The American Jews had the liberty to help
for the formation of Israel like a bolt from the blue. Including India
everyone supported the Palestinian cause. Such cross border
support based on humanitarian reasons cannot be extended by
TAMILS to FELLOW TAMILS ACROSS THE PALK STRAITS.

Indira Gandhi can barter away our tiny island KATCHATHEEVU


depriving Tamil fishermen their centuries old fishing rights by
agreements signed during emergency. Yet we cannot seek its
revocation in the light of continued killings of our fishermen in mid
seas. We fail to understand the mindset of the policy makers at the
Capital. THEY FAIL TO UNDERSTAND ETHNIC CLEANSING IS
A BARBARIAN CONCEPT IMBEDDED DEEP IN THE PSYCHE
OF THE SINHALESE CHAUVINISTS.

DRAVIDA PERAVAI is bringing out a white paper on the abortive


peace talks pacts, proposals since 1957, which will be released on
14th May. Meanwhile we urge Union Government not to take any
interventionist decision even on so called humanitarian grounds.
WE FEEL INDIA, NORWAY AND UNITED NATIONS CAN
ENSURE CEASEFIRE AND HOLD A PLEBISCITE TO ENABLE
TAMILS TO DECIDE THEIR DESTINY AS PER HIGHEST
DEMOCRATIC TRADITIONS.

N.NANDHIVARMAN General Secretary DRAVIDA PERAVAI

31
TAMIL REFUGEES AND INDIA’s DUTY
At the party headquarters of Dravida Peravai various Human right
activists met on 18,12,2000 and sent a Joint Memorandum to
National Humans Rights Commission of India, which is given in
verbatim here:

Ealam refugees came to India in three stages. After the ethnic


holocaust in the year 1983 nearly 1, 20,000 refugees came feeing
from the clutches of Srilankan hoodlums. Particularly in between
24 th June 1983 to 29 th July 1989 the total number of refugees
arrived here from Srilanka amounts to 1.34.053. Thereafter in the
aftermath of 1987 accord between India and Srilanka particularly
between 24 th December 1987 and 31 st August 1989, 25, 585
refugees were sent back to Srilanka. Most of them preferred to go
to Western countries than to Srilanka. In the second phase after
the 20 th January 1992 around 54,188 refugees were sent back.
Now as on 31 st May 2000, the Ealam refugees in India number to
66464. They are kept under 129 special camps.

We, the signatories to the memorandum urge the National Human


Rights Commission to study the conditions of these refugees and
order for remedial measures. The Indian Government deals with
refugees at both political and administrative levels. The result is
that refugees are treated under the law applicable to aliens.

In the case of refugees protection, the Constitution of India


guarantees certain fundamental rights, which are applicable to all
non citizens, namely, the right to equality (article 14), the right to
life and personal liberty (article 21) and the freedom to practice
and propagate their own religion (article 25). Any violation of these
rights can be remedied through recourse to judiciary as the Indian
Supreme Court has held that refugees or asylum seekers cannot be
discriminated against because of their non citizens’ status.

The National Human Rights Commission, we are aware has


functioned effectively as a watch dog for protection of Refugees.
The Commission has approached the Supreme Court of India
under article 32 of the Constitution and obtained protection to
Chakma refugees from the Chittagong hill areas of Bangladesh
when their life and security was threatened by local politicians and
youth leaders in the State of Arunachal Pradesh. Relief was granted

32
by the Supreme Court on the basis of the rights of aliens under
article 14 and 21.

The Chief Justice of the Supreme Court, Justice Ahamadi speaking


for the court in the National Human rights Commission vs. State of
Arunachal Pradesh (1996 SCC 742) said that the state is bound to
protect the life and liberty of every human being. He pointed out
that the rights of the refugees under the constitution of India were
confirmed by article 21, which also included the right to non-
refoulement. In case of Khy Htoon and others vs State of Manipur,
The Imphal Bench of the Guahati High Court ruled that refugees
have fundamental rights under article 10, 21 and 22 of the Indian
Constitution. Justice V.R.Krishna Iyer considers article 14 which
provides equal protection of law, as being applicable to all persons,
not merely citizens.

India's refugee policy is further governed by certain administrative


regulations. The standard of human treatment set by these
administrative regulations flows from the ethos that persons
displaced from their homes need both protection and economic
sustenance. The administrative experiences of the government
department responsible for rehabilitation and the laws adjudicated
at the time of the partition have contributed towards a refugee
policy for India. In India refugees are registered under the 1939
Registration Act, which is applicable to all foreigners entering the
country. Under the 1946 Foreigners act The Government of India is
empowered to regulate the entry, presence and departure of aliens
in India, though the word alien itself is no where defined. Entry is
also governed by the Passport act of 1967.

Entry can be restricted if a person does not have a valid passport or


visa to individuals who can enter Indian borders without a valid
visa or any other document though the government can exempt
persons when it so deserves. These procedures are linked at this
stage to illegal migrants; the exemption provision is applicable to
refugees.

It should be noted that refugees in developing countries unlike


those in the West (barring those from former Yugoslavia) usually
descend in large numbers. Under these circumstances refugee
determination becomes an administrative task to oversee the relief
and rehabilitation process rather than to supervise who stays or
does not stay.

33
As mentioned previously the Government of India determines the
refugee status and has no specific legislation to deal with refugees.
Professor Saxena of Jawaharlal Nehru University maintains that
despite these lacunae, India does apply in practice certain articles
of the 1951 U.N Refugee Convention. These include Article 7 as
India provides refugees the same treatment to all aliens, Article 3
as India fully applies a policy of non discrimination, Article 3 a as
no penalty is imposed on illegal entry, article 4 as religious
freedom is guaranteed, Article 16 as free access to Court is
provided, Article 17 &!8 as work permits have no meaning and
refugees do work, thus complying with these articles on wage
earning rights, article 21 as freedom oh housing is allowed and
refugees need not stay in camps, for freedom of movement is
guaranteed to all aliens, except in certain areas where special
permits are required not only for aliens but also for all Indians and
article 27 and 28 as identity and travel cards are issued to refugees.

However many activists have contested the assertions of Professor


Saxena. They point out that the majority of Srilankan Tamils and
almost all of the Jammu and Chakma refugees were forced to live
inside camps. Severe restrictions were imposed on their freedom of
movement. In addition, asylum seekers from Burma were arrested
and jailed and during 1995-1997 approximately 5000 Chin
refugees from Burma were pushed back over the border. They also
point out that since the government does not issue residence
permits to all the refugees they are unable to open bank accounts,
rent houses and set up a business. Moreover Indian educational
institutions do not admit refugees. As a result young refugees are
unable to pursue their academic careers.

To conclude though India is not a party to 1951 UN Convention on


Refugees or its protocol, its domestic laws have not been found to
be in conflict with international laws. While it can be justifiably
proud of having followed a pragramme of humane treatment to
refugees, there is still an absence of uniform treatment of different
refugee groups with respect to refugees’ rights resulting in
discrimination in terms of assistance and opportunities.

To protect refugees by means of activists approach has its own


limitations. Thus there is a need for enactment of national law to
provide for refugees in a systematical manner.

34
HENCE WE THE SIGNATORIES TO THIS
MEMORANDUM URGE THE NATIONAL HUMAN
RIGHTS COMMISSION TO MONITOR THE POSITION OF
SRILANKAN TAMIL REFUGEES KEPT IN 129 CAMPS.

Physical Security: Indian Courts have decided in a number of cases


that the Constitutional protection of life and liberty must be
provided to refugees. In the case of Louis de Readt [1991 -3 SCC
554] and Khudiram [ Nos 1994 Supp.(1) SCC 615] the Supreme
court held that article 21 of the Constitution of India which
protects the life and liberty of Indian citizens is extended to all
including aliens. Below are some of the most important decisions
of the Supreme Court.

The Supreme Court of India in the case of National Human Rights


Commission vs State of Arunachal Pradesh restrained the forcible
expulsion of Chakma refugees from the state [Civil WP No 720/95 :
1996 {1] Supreme 295 ]. The Supreme Court in its interim order on
November 2, 1995 directed the State Government to ensure that
Chakmas situated in its territory are not ousted by any coercive
action not in accordance with the law. The Court directed the State
Government to ensure that the life and personal liberty of each and
every Chakma residing within the State should be protected. Any
attempt to forcibly evict or drive them out of the state by organized
groups should be repelled by using paramilitary or police force and
if additional forces are required, then the state should take
necessary steps. The Court also decided that the Chakmas shall not
be evicted from their homes except in accordance with the law, the
application for their citizenship should be forwarded and
processed expeditiously and pending the decision on these
applications, they shall not be evicted.

WE THE SIGNATORIES OF THE MEMORANDUM POINT OUT


THAT NOW FORCIBLE EXPULSION OF TAMIL REFUGEES HAS
COME TO LIGHT.

THE FORCIBLE DEPORTATION OF MR.EALAVENDHAN, to the


country wherefrom he expects danger to his personal security
marks a new phase in India's refugee policy which warrants the
intervention of National Human Rights Commission.

35
Non-Refoulement and the Right to Refugee Status

In number of cases Indian Courts have protected the rights of


refugees where there are substantial grounds to believe that their
life would be in danger. There are cases where the Courts have
ordered the life of refugees who are in danger to be safeguarded
and have allowed them to be granted refugee status by the United
Nation High Commissioner for Refugees.

In Zothansangpuri vs State of Manipur (Civil Rule 981 of 1989) the


Guwahati-Imphal bench of the Guwahati High Court ruled that the
refugees have the right not to be deported if their life was in
danger. In Dr.Malvika Karlekar vs Union of India (Criminal 583 of
1989) in Writ Petition, The Supreme Court held that authorities
should consider whether refugee status should be granted and
until the decision was made, the petitioner should not be deported.
In Boghi vs union of India (civil Rule 981 of 1989) the Gauhati
High Court not only ordered the temporary release of a Burmese
man from detention but approved his stay for 2 months so that he
could apply for UNHCR for refugee status (Civil rule No 1847/89
Gauhati High Court). The case of U.Myat Kayvew vs State of
Manipur (Civil rule 516 of 1991) has contributed substantially to
India's refugee policy. It involved eight Burmese people aged 12 to
58 who were detained in Manipur central jail in Impale for illegal
entry. The people had participated in the Democracy Movement
had voluntarily surrendered to Indian authorities and were taken
into custody. The cases were registered under section 14 of the
Foreigners Act for illegal entry into India. They petitioned for their
release, however to enable them to seek refugee status with
UNHCR in New Delhi. The Gauhati High Court under article 21
ruled that asylum seekers who enter India, even if illegally should
be permitted to approach the office of the UN High Commissioner
to seek refugee status.

Right to Basic Amenities:

In Digvijay Mote vs Government of India [Writ Appeal No 354 of


1994]The High Court of Karnataka considering the rights of 150
Srilankan refugee children ordered the State to make necessary
arrangements to provide basic amenities to the refugee children in
the camp on humanitarian grounds. In Majid Ahmed Abdul Majid
Mohd.Jad Al-Hak vs Union of India [ Crl. WP No 60 of 1997] the
court held that basic amenities like food and medical care must be

36
provided while in detention. In the case of Gurunathan and others
(WP Nos 6708 of 1992] The Madras high Court on March 27, 1994
stayed the repatriation process as it was not voluntary. It held that
when there is an international organization to ascertain the
volunteriness of the consent it is not for the court to decide
whether the consent was voluntary or not. It also directed the
Government to transmit this order in Tamil to the camps as well as
an order that refugees will not be sent back against their will.

Right to Leave

The court has upheld a refugee’s right to leave the country. In


Nuang Maung Mye Nyant vs Government of India (CWP No
5120/94) and Shar aung vs Government of India (WP No 110 of
1998) the courts ruled that even those refugees against whom cases
were pending for illegal entry should be provided exit permits to
enable them leave the country for 3 rd country resettlement.

We point out that this right has been denied to Mr.Ealavendan


though no case of illegal entry was pending against him.

Certain vested interests in this country want to wipe out Tamil


linguistic identity and ethnicity and are unleashing a campaign of
hatred against Tamils. As part of their campaign of hatred against
Tamils, these forces do not want fellow Indians to be concerned
over the genocide in Srilanka or to treat Tamil refugees on par with
Tibetan and other refugees as per our constitution. Tamil refugees
should be confined to special camps and forcibly deported,
whereas others may get preferential treatment, these forces argue.
We bring to your notice that a fear psychosis is being created
amidst Srilankan refugees that they can be deported to the land
from where they fled for fear of life. Please ensure that none is
deported to the land from where they escaped from the jaws of
death. Also probe the manner in which Mr.Ealavendan was
deported as some reports say in media that bypassing a duly
elected State Government the deportation had taken place.

This memorandum drafted by Dravida Peravai was signed by


Dravida Peravai General Secretary N.Nandhivarman, P.Sankaran
Vice President Pondicherry PMK, Professor M.L.Thangappa of
Thamizh Valarchi Nadavadikkai Kuzhu, N.M.Thamizhmani of
Senthamizhar Iyakkam and others. It was sent to National Human
rights Commission Chief Justice J.S.Varma on 18, 12.2000

37
BANGLADESH ENCLAVES
Diplomacy does not mean singing sweet tunes and side tracking
issues without resolving for decades to come.

In order to maintain cordial relations with our neighbours it is


understandable that we show concern, but to keep unresolved
issues till it assumes explosive situations is not a practical
approach. Time has come to remind our External Affairs Minister
that in his tenure he is bound to resolve few issues at least instead
of reserving irresoluble problems to successors.

The recent visit of Bangla Desh Foreign Minister and the joint
press briefing claims that all outstanding issues were debated. I
beg to differ and humbly would like to draw the attention of the
External Minister to the issue of our 130 enclaves in Bangladesh
and their 93 enclaves within India. An earnest attempt was made
by Pandit Jawaharlal Nehru to resolve this issue when he signed an
agreement with his Pakistani counterpart in 1958. Since then no
serious attempt is made.

The Indian Enclave Refugee Association presented a 14-point


charter of demands to the United Front Government led by
Thiru.I.K.Gujral. The people in the enclaves face lot of day-to-day
problems, which could not be resolved till date. Indian government
must talk with Bangladesh Government both to hold a referendum
and decide the fate of these enclaves or ensure our territorial
contiguity by suitable exchange of territory or redrawing the
boundaries. We should not pass the buck to future and Indian
government must not shirk its responsibility to solve issues like
this when peaceful atmosphere prevails between the two
neighboring countries. We should not wait for conflicts to erupt,
and let our Parliament members apply pressure to resolve this
issue.

[This is a letter to Editor written by N.Nandhivarman for New


Indian Express]

38
OPEN LETTER: INDIAN PRIME MINISTER
ATAL BIHARI VAJPAYEE URGED
TO UPHOLD SECULARISM
On the eve of the National Executive of SAMATA PARTY in which
as associate party DRAVIDA PERAVAI participates, we place
before you an open appeal to uphold the secular character of our
Indian constitution. With regard to your call on a national debate
on conversions, we state that a democratic society is bound to
discuss everything under the SUN. Our party always welcomes
such open discussion. But we cannot accept your suggestion to
curtail the scope of discussions only with regard to conversions.
Our Dravidian movement wants to discuss threadbare all the tools
of religious propaganda particularly the mythologies, Vedas and
religious texts. We have debated in South for nearly 70 years. Let a
national debate begin on every text of every religion and whatever
part is found irrational and unscientific be deleted.

We cannot even now say THAT WORLD IS FLAT AND OUR


SOCIETY NEED NOT INDULGE IN DOUBLESPEAK. The word
religion derived from Latin word religare means bundle of beliefs.
Time to examine all such beliefs in the light of science had come. In
this context our party places before you certain points for
consideration. Practice tolerance towards all faiths and try to
redeem people from poverty first and superstition next, launching
a massive education drive, we urge. This is the beginning of the
national debate which you, your government and the Hinduvta
School has forced us to initiate.

Humanity is one and indivisible. If you look at the roots of various


religions you can arrive at similarities. A study of Rome reveals
that clan religion and the cult of the family guardian spirits
survived too long a period. Souls of the dead were the guardians of
family and clan, Romans nursed a belief."Dii manes" is the spirit of
the dead that gained Godhood. "Penates" a word derived from
"penus" which means provisions or food supplies became the name
for household guardian spirits. From the word"lar" which meant
guardian spirit evolved "lares familiares", which was the family
guardian spirit. The guardian spirit of the roads was called"lares
viales", for cross roads"lares compitales". Spirits of seafaring were
known as"lares permarini"... Military spirits were "lares militares".
In Hinduism also Atalji, you can find similarities. From clans only,
countries grew and empires evolved. It is but natural that clan gods

39
existed in every religion. And the similarities must make Hinduvta
School rethink their inflated claims...

The family clan cult among the Romans was related to archaic fire
worship. The fire cult took on a national form with the evolution of
the Roman community out of clan associations.” The eternal flame
in the communal sanctuary was personified in the form of
GODDESS VESTA, who was analogous to the Greek Hestia. In
both cases the personification of fire in female form could be
regarded as a survival of matriarchal society. The Aryans being
products of patriarchal societies might have male gods of fire and
beyond that there is no logic in fomenting hatred between various
religions.Agni. The fire god is invoked in many family rituals.
Tamil Saint Maraimalai adigalar believes that the fire producing
instrument "thee kadai koal" is what is being sculptured as
Sivalingam.

The Romans did crucify people on crosses but these were in the
form of letter "T"... The cross as a religious symbol existed in
almost every country, Ancient China, Ancient India, Africa and
America. Even among Australians the totemic vanniga is
sometimes made in the form of large cross. Various hypotheses
exist about the original religious significance of the cross. Some
maintain that it is a symbol of fire perhaps at first wooden steel
formerly used for kindling fire. Others claim that it was a solar sign
or symbol of fertility. The various interpretations of the swastika
(also a form of cross) are just as numerous. Among North
American Indians the symbol of four corners of the world is also
related to the worship of four elements. Atalji, an impartial inquiry
is the need of the hour. A secular country like India must take the
lead. We, Tamils who have read Maraimalai adigalar see the
similarity between a CROSS and SHIVALINGA. If cross is an
instrument to kindle fire Maraimalai Adigal states Shivalinga is
also a symbol of the instrument to lit fire. SUCH BEING THE
CASE WHY SHOULD HATRED BE FOMENTED BETWEEN SO
CALLED HINDUS AND SO CALLED CHRISTIANS AS BOTH ARE
PART AND PARCEL OF MANKIND.

After Jerusalem fell to Babylonia in B.C 586, Babylonian influence


was responsible in mythological winged bulls known as cherubs
sneaking into BIBLE. Well ATALJI, bulls and bull gods are not the
exclusive possession of the Hindu pantheon, would you enlighten
your Hinduvta School. A BABYLONIAN MYTH SPEAKS ABOUT

40
ADAPA, THE FIRST MAN WHO NOT ONLY RESEMBLES
BIBLICAL ADAM, BUT ALSO OUR TAMIL SAINT
THIRUVALLUVAR'S ADI.

The Umbrian sabellic documents about tribal migration after


Etruscan invasions claim that the migration of one tribe was led by
a BULL. And in the new homeland he founded BOUVINIAM, city
of Bull.Atalji, from such totemic beliefs the Hindu pantheon of
Gods must have invented NANDHI, the bull god or vice versa.

Romans believed in the underground kingdom ruled by Orcus.


Souls of the dead would reach there, they thought. This is more or
less Naragam where the sinners in Hinduism went. The Sorgam,
the land of the blissful in Hinduism is known among Romans as
Elysium...

Agricultural beliefs and rites played a prominent role in Roman


religion. This is evidenced by the fact that many of the most
important deities in Roman pantheon which subsequently took on
diverse functions had originally been related to agricultural and
pastoral cults. For instance MARS, regarded in the classical period
as God of War, had originally been the patron deity of agriculture
and pastoralism, the God of Spring and fertilisation.The first
month of spring, March was devoted to Mars and festivities in his
honour.

Faunus was the guardian of livestock, the god of shepherds. At the


end of winter on February 17a jolly orgiastic holiday,
Lupercalia,was held in his honour.The goddess VENUS, who later
became identical to Greek Aphrodite and was the god of love and
beauty, had originally been the goddess of horticulture and
viticulture. The god of wine making was Liber,a purely plebian
diety.Saturnus,the god of sowing, was related to agriculture, in his
honour people held saturnalia festivities in December before first
sowing.Cereres, the guardian of grains, was also related to
agriculture. In every religion the evolution of godhood provides lot
of interesting similarities.

If we have a look at the religion of Mesopotamia, we find the


influence of astronomy and subsequent astralisation of gods. The
god Utu of Larsa relates to Sun. Throughout the country Sun
worshippers called it by name Shamash. Moon was worshipped as
god Ura-sin. Other gods were identified with planets.Nabhu with

41
Mercury, Ishtar with Venus, Nergal with Mars, Marduk with
Jupiter, and Ninruta with Saturn. Incidentally, the Greeks
borrowed from the Babylonians this custom of naming planets
after the gods. Romans took it from Greece and Roman i.e. Latin
names of the gods are still the names of planets today. The months
of the year were also named after the gods. This astral orientation
of Babylonian religion also influenced the creation of the calendar.
twelve month system that was later adopted by the Europeans.

ATALJI, WE ARE ALSO USING THIS CALENDER AND SYSTEM.


This SHOWS THE INTERCOURSE BETWEEN VARIOUS
RELIGIONS.CIVILISATIONS HAS FOLLOWED THE GIVE AND
TAKE PRINCIPLE. Mankind’s PROGRESS IS BASED OF
ASSIMILATION OF VARIOUS SOURCES OF KNOWLEDGE.THE
PANTHEON OF GODS HAVE FADED FROM PUBLIC
MEMORY.THEIR ORIGINS HAVE LOST RELEVENCE. ATALJI
IT IS BUT NATURAL THAT THE HINDU PANTHEON OG GODS,
WHO LIKE THEIR BABYLONIAN COUNTERPARTS, WILL FADE
FROM PUBLIC MEMORY.

These are milestones in the evolution of culture and civilization,


which we have yet to overcome. Future may offer us new
discoveries, insights, knowledge for which we should have an open
mind to receive. Instead of Dollar, Euro occupies center stage in
Europe. The currencies of Rome and other empires have no usage
today. Same applies to pantheon of gods. What matters is the
essence of all religions which aims to unify people with love. The
explosion of Hindustan hatred against religious minorities will
cause greater havoc than Hiroshima-Nagasaki explosions.

Let us have a look at one episode from the most ancient epic,
GILGAMESH EPIC in which the meeting between Gilgamesh with
his ancestor Utnapishtim is reported. The later told Gilgamesh
about the terrible floods started by gods. The flood covered the
whole world and only Utnapishtim, his family and animals
survived because he followed Ea's advice and built a ship. THIS
MYTHOLIGICAL MOTIF and INDIVIDUAL DETAILS ARE
REMNISCENT OF THE BIBLICAL FLOOD STORY THAT WAS
APPARENTLY BORROWED BY THE JEWS FROM
BABYLONIANS. In an impassionate manner religion and history
should be studied. History should not be used as a tool to foment
hatred. One race would have overthrown the rule of another race,
but people of both races might have assimilated certain features of

42
the other and such historical accidents are common in history. To
say that other religion has no contribution to India is a distortion
of history and facts.ATALJI, UNFORTUNATELY HINDUVTA
SCHOOL FAILS TO UNDERSTAND THE DIALECTICS OF
CIVILISATIONS.

The Phoenician god Moloch is a devourer of human lives. Moloch


is derived from the word molk, which signifies the sacrifice of
children. The worshippers of these gods offered newborn babies
and archaeological findings had uncovered near the altars and
temples. THE FATE OF CHILD JESUS AS WELL AS KRISHNA IS
INDICATIVE OF DANGERS NEWBORNS FACED IN
CONTEMPORARY SOCIETIES.ONE VERSION SAYS THAT
JESUS CHRIST (KRIST) AND KRISHNA (CHRISTINA) ARE
SAME. Vivekananda would ask. What does it matter? It is the
message that is important.

BUDDHISM has been transplanted in other countries. Historically


we should have a look at the techniques employed to divide
Buddhism into numerous sects, ultimately to drive it out of India.
The struggle around first century led to the split into two schools.
The Hinayana school belongs to strict adherents of the original
Buddhist concept.Hinayana means narrow path, perhaps word
coined by the enemies of this school of thought. The second school
known as Mahayana founded by Nagarjuna, a South Indian
Brahmin, and beleived that religion without god was in accessible
to the masses. Hence GAUTAMA BUDDHA, A RENOWNED
PHILOSOPHER WAS ELEVATED AS GOD.ONE BUDDHA WAS
DISTORTED INTO A CULT WHICH INCLUDED GODS OF THE
HINDU PANTHEON.

995 BUDDHAS WERE PROMOTED.Gautama Buddha the founder


of the religion was called Sakyamuni. Buddha of the coming world
order is called Maitreya.The last of the 1000 Buddhas is known as
Vajrapani. The wise one is Manjusri.Adibuddha became the creator
of God.Amitabha, the mystical sovereign of the Paradise. A GOOD
RELIGION WHICH DID NOT SUBSCRIBE TO GODHOOD
BECAME A POWERFUL TOOL OF EXPLOITATION IN THE
HANDS OF POWERMONGERS WHO INVENTED 1000
BUDDHAS TO DISCREDIT BUDDHIST TEACHINGS.

Confucianism is only a philosophical system which taught the


moral code for individuals and state. The followers who found out

43
like their counterparts that religion is a lucrative business made
Confucius a god and in early 20 th Century China built 1500
Confucian temples. All through human history religion has
emerged as a code of conduct and later demi-gods, semi-gods and
pantheon of gods were invented by their followers.

In India to capture power hinduvta school is keen to exploit


religion. As caste based vote banks have catapulted certain political
parties to citadels of power, the followers of hinduvta are looking
for greener pastures in the name of religion. Our party thinks such
negative approaches will not benefit one and all in the long
run.Time to redefine our modes of protest have come.

People are looking for peaceful methods of public


expression.Bandhs,strikes,hartals, hunger strikes, morchas and all
such agitations do not evoke public sympathy as in pre-
independence period.Rioting,demolition of places of worship,
spitting venom at artists and cricketers etc are seen as indications
of our country sliding back to barbarianism. Hence we welcome
debates on all these and let us not fritter our energies on trivial
matters and forget nation building.

SUN assuming the form of a cat fought an enormous snake states


an Egyptian myth. Sun, known as God Ra traveled in a wooden
boat. These Egyptian myths have traveled to India. Here solar
eclipse is seen as snake Raghu (see similarity with Ra) swallows the
SUN. To emphasize the oneness of mankind we can draw the
similarities between Egyptian and Indian myths. But in this age of
science SUN being swallowed by snakes will be mocked at.

Let me quote Frederick Engel’s: Like the world which it reflects


human consciousness is in a state of ceaseless development.Engels
stresses the intrinsic, dialectical contradiction at the root of
knowledge, which serves as the source of its endless motion. It is
typical of human thinking to try for full exhaustive knowledge of
the world for the absolute truth. However world develops
unintermittenly and since our cognitive capacity expands
unintermittenly this apprehension of the full absolute truth is in
fact infinite. At each given moment man's knowledge is but relative
incomplete. The absolute truth is compounded from partial
relative truths; they are rungs by which man seeks to ascend to the
absolute truth. And in each given relative truth there is an element
of absolute truth.

44
So let not India is drawn into needless controversy when progress
stands retarded. European communities are coming together to
drive their economy to unmatchable progress. Conflicts be it for
caste, religion, ethnicity and language will only spell doom for our
tottering economy. From an able Prime minister people did not
expect the RSS tunes and the anti-Christian. Anti-Muslim
propaganda unleashed must stop. A quest for absolute truth should
begin, and the Prime Minister must uphold the secular character of
our INDIAN CONSTITUTION.

The very existence of superiority complex in the propaganda


unleashed by Hinduvta forces is meaningless and out of tune with
realities. ARINGNAR ANNA WILL OFTEN REPEAT A COUPLET
FROM THITUMOOLAM."ONE GOD AND ONE CASTE” India
cannot attain that goal in your tenure. Let there be peaceful
coexistence of all creeds while impassionate debate can begin on
Godhood.

45
AMARTHYA SEN SHOULD BE MADE FINANCE MINISTER
JOIN HANDS WITH VENEZUELAN PRESIDENT
TO FIGHT OIL SPECULATIVE TRADE OF
GREEDY NATIONS

Today the meeting of Oil Producing and Exporting Countries is taking place
initiated by Saudi Arabia which was pressurized by G-8 and others to
ponder over stabilizing the oil prices. The panacea Saudi Arabia offers is a
hike of 6 percent of its oil production, hoping other countries will follow
suit. We are of the opinion that this will not work. The rising prices of oil
and petroleum products could not be arrested. Why do we opine so, let me
record our views.

1. Saudi Arabia is not, as many may be thinking, the largest producer of oil.
Russia stands first, and there is no hope that Russian President will play the
Saudi Arabian tune of increasing oil production.

2. The worlds largest 20 oil fields were all discovered between 1917 and
1979 and the annual output from these oil fields is falling by 4 million
barrels per day, says a Report of Earth Policy Institute. Taking into account
country specific data details and projections, German based Energy Watch
Group concludes that world oil production has peaked. It will also decline
by 7 percent a year falling to 58 million barrels per day in 2020.

3. The year our former President A.P.J.Abdul Kalam predicted to be a


turning point to make India a super power, 2020, will make India run from
pillar to post begging for oil. The begging for oil is going to be the order of
this century, and there has to be introspection.

4. Venezuela, the fifth largest producer of oil had declined to attend the
Summit of OPEC called by Saudi Arabia. It opines cosmetic exercises like
hike in production a little bit will not be a long term solution. The Socialist
President of Venezuela, Mr. Hugo Chavez, who finds a place among leaders
this century must emulate displayed in Dravida Peravai banners, feels the
increase in production is not to ease oil prices and reduce the burden on
common man, but to help speculation. He had earlier said in a BBC
interview in 2006 that by 1990, the price of a barrel was just 20 US dollars.
The oil producing countries must have a long term policy and fix the
maximum profitable and reasonable price of 50 US dollars per barrel, and if
the countries arrive at a consensus to sell oil at 50 US dollars per barrel for a
long period, that alone will help the world, Mr. Hugo Chavez opines.

46
Dravida Peravai feels he is the voice of the conscience of the world. A
nation that got Independence led by Mahatma Gandhi must back
Venezuelan President in world forums but India also joins the chorus of
greedy nations, sorry greedy companies that dictate their nation’s choices, in
keeping oil prices in high. Our rulers are only for slight reduction in prices
as eye wash. They are not even speaking loud for common good of the
mankind.

The supply and demand of oil on an average remains 85 million barrels per
day. Till 2003 USA was only holding 350 million barrels as buffer stocks.
Now it had doubled to 750 million barrels, which also creates artificial
scarcity resulting in hiking of prices. By 2006 when oil prices touched 60 US
dollars per barrel, The Senate Committee of USA woke up and examined
the ground reality and told the ‘stock piling of companies hoping to make a
kill when prices go up’ is also one of the reasons of soaring oil prices.

M.R.Venkatesh, a Chennai based chartered accountant rightly pointed out in


rediff.com, that OPEC is not determining the prices of oil, but 4 American
finance companies. Goldman Sachs, Citigroup, J.P.Morgan Chase, and
Morgan Stanley are determining the rise in oil prices, this Indian scholar
points out an accusing finger. American financial markets are investing in
commodity trading, which they see is profitable than stock markets.

How this is being done? “After loosing money in the housing market, big
hedge funds and investment banks are now pouring money into commodity
markets, including oil, which are much less regulated than stock markets.
They are not buying or hoarding actual oil, and hence do not have to incur
the cost of storage. Instead they are buying oil futures with borrowed money
at low rates of interest that is buying papers that entitle the holder to get oil
after, say three months, at a price negotiated today. These papers are traded
in commodity exchanges, just like company shares in stock markets” says
Alok Ray, Professor of Economics at IIM Calcutta.

Indian Government headed by Mr.Manmohan Singh, with a Finance


Minister like Mr.P.Chidambaram, with whom we cannot sympathize because
he is a Tamilian, will never rule India with the interests of Indian common
man in mind. They will be the spokespersons of the American companies,
helping greedy men of the world to rob the mankind. Their advisers like
Mr.Shankar Acharya, not the enemy of Jayalalitha, but a Member of the
Board of Governors at Indian Council for Research on International
Economic Relations say that “oil pricing had been seriously bungled by the
Government in last few years. Government should raise fuel prices gradually
and more frequently”. If a Government that keeps such advisers is run by
anti-people vested interests shielding the western countries and their greedy

47
companies, we have to be content with periodical oil price rises followed by
cosmetic reductions in election eve to hoodwink the people.

INDIA MUST HAVE A NON-POLITICAL FINANCE MINISTER. This


demand by a registered political party Dravida Peravai may surprise the
readers. We in our party manifesto registered with Election Commission of
India, have advocated party-less democracy as panacea to Indian political
party dominated political scenario. Hence it falls in our moral duty to
suggest that Nobel Laureate Amarthya Sen should be made India’s Finance
Minister.

The Union Government must have convened the National Integration


Council or convened the Chief Ministers Conference to discuss the Value
added Tax on petrol and diesel. Gujarat imposes 29.13 percent VAT on
diesel and 29.88 percent VAT on petrol. The Left ruled West Bengal
imposes 20.62 percent VAT on diesel and 27.66 percent on petrol. West
Bengal also levies 4 percent tax each on kerosene and cooking gas. In
Andhra Pradesh ruled by Congress 33 percent VAT on diesel is the order of
the day. Punjab imposes 30 percent VAT on petrol. IS IT NOT THE
DUTY OF THE UNION GOVERNMENT TO DISCUSS WITH
STATES TO BRING UNIFORM REDUCTION IN VAT AND TO
REDUCE OIL PRICES DRASTICALLY AFTER ALL THE PEOPLE
ARE THE ULTIMATE MASTERS IN A DEMOCRACY.

[Press Release of 22nd June 2008, a part of which will be telecasted by a local
channel Rainbow channel]

N.Nandhivarman, General Secretary Dravida Peravai

48
THE CHINESE DESIGNS IN ENCIRCLING INDIA
The Chinese people and Indian people have a hoary past but we
cannot be blind to what is happening in the present. We as a nation
must closely watch every move of our neighbors and their plans
towards future. The Communist Party of India [Marxist] Chief
Prakash Karat had let a cat out of his party’s bag when he admitted
that Indo-United States cooperation in nuclear energy field would
be against the interests of India. His subconscious had activated
his tongue to slip a statement of confession. In India when there is
a strong Chinese lobby we have to be extra careful about Chinese
games in the geo-political chess. China is not a state connected
with Indian Ocean, yet it had been tirelessly working out a strategy
to have land route access to Indian Ocean. This is facilitated by the
Myanmar military rule. Apart from land routes it had been eyeing
on ports to have access towards Indian Ocean.

Watch China in Myanmar

Just facing our Andaman Nicobar islands, the military rulers have
handed on platter the Coco islands to China to build a port there.
International Institute of Strategic Studies said that China had
installed Radars made my Russia and employed electronic gadgets
to spy Indian army headquarters situated in Port Blair. India’s
missile launching station is in Chandipur of Orissa, and from Coco
Island China can always keep a vigil eye on India’s missile
programme. Coco Island is just 40 kilometers away from Andaman
Nicobar, our territory. China had constructed highways from
Chinese capital of Hunan up to Shewli in the border of Myanmar.
China is holding talks with the military rulers of Myanmar to
extend the highway till Chinking, so that from there through
Iravathy River Chinese can reach Rangoon harbor. Apart from
these moves with Chinese cooperation on build operate transfer
basis Myanmar had consented to Chinese to control 6 ports facing
India’s east coast. China has agreed to build naval yards and to
train Myanmar navy in warfare.

Watch China in Bangladesh

The Chinese Bangladesh military pact for mutual cooperation must


have sent alarms in India. Chittagong harbor in Bangladesh had
been thrown open to Chinese warships and this is another move in
the Chinese chess to check mate India.

49
Watch China in Srilanka

Srilanka had agreed to hand over Hampanthotta in South Srilanka


facing the vast Indian Ocean to China to build a harbour. Thereby
Chinese dream to have a foot in a Port wherefrom they can control
the sea-lanes of Indian Ocean stands realized. The danger it poses
to India will not be told to Indian public because the CPM here will
keep its mouth shut. Least said about the saffron parties who think
after all in Ravana’s land China has acquired a foothold and we
need not break our heads over it.

Watch China in Pakisthan

Close to our borders in Pakisthani territory Chinese have adopted a


tiny fishing village and is pumping 250 million dollar to build a
port there.

Watch China in Maldives

China had taken a Moro island 40 kilometers away from the capital
of Maldives to build a Port.

Alert India: Appeal to CPM

All these are not mere business. It has hidden agenda. It is Chinese
checkmate for India. In future China wants to control the sea-lanes
of Indian Ocean. The prospects of Oil exploration in Indian Ocean
too had prompted China to take these advance steps so that it can
stake claim as a state having access to Indian Ocean. Years have
gone into this preparation and India’s intelligence had failed to
alert India. Indian political parties always sing tunes for support of
neighborly good relationship, but that cannot be at the altar of
surrendering our geo-political interests.

This entry was posted on November 3, 2007 at 3:10 am and is filed


under Open Debat The Issue.com

50
WATER WAR: PANCHAYAT VERSUS MNC
IN THE HIGH COURT OF KERALA
W.A. No. 2125 of 2003 etc.
Decided On: 07.04.2005Appellants:
Hindustan Coca-Cola Beverages (P) Ltd.Vs.Respondent:
Perumatty Grama Panchayat

Hon'ble Judges. Ramachandran and K.P. Balachandran,


JJ.Counsels: For Appellant/Petitioner/Plaintiff: C.S. Vaidyanathan
and Ashok Desai, Sr. Advs, Anton Dominic, A.M. Shaffique and
Sajan Narain Shaffique,Advs.For respondents /Defendant: Rajan
Joseph, Addl. Advocate General, P.I.Davis, Government Pleader,
K. Ram Kumar, Bobby Augustine, N.N. Sugunapalan, Antony C.
Ettukettil, Babu Joseph Kuruvathazha, R. Sudhir, Sandeep
Ankarath, Jacob Sebastian, V. Chitambaresh and T.C.Suresh
Menon, Advs:

Civil Subject: INActs/Rules/Orders:Kerala Panchayat Raj Act,


1994 - Sections 166, 233A and 276; Factories Act; Kerala
GroundWater (Control and Regulation) Act; Hazardous Wastes
(Management and Handling) Rule; Constitution of India - Article
226Cases Referred:M.C. Mehta v. Kamal Nath, (1997)

1 SCC 388JUDGMENT M.Ramachandran, J.1. W.A.No. 2125 of


2003 and W.A.No.215 of 2004 arise from the judgment in W.P. (C)
No.34292 of 2003 dated 16.12.2003 (Reported in 2004 (1) KLT
731). The Writ Petition had been filed by a local authority
(Perumatty Grama Panchayat) challenging Ext.P6 order passed by
the Government. The above said order came to be passed on
adjudication, as Directed by this Court at an earlier round of the
proceedings. This had arisen, when the Panchayat refused to renew
a license, which had been earlier issued, facilitating an industrial
establishment to manufacture branded items of beverages.

2. The Writ Petition had been disposed of with certain findings,


observations and directions details of which could be stated later.
The second respondent to the proceedings is a limited company--
Hindustan Coca-Cola Beverages Private Limited (hereinafter
referred to as 'the company'). Challenging such of those
observations, which were likely to have hindered their normal
manufacturing and sales activities, W.A.No. 2125 of 2003 came to
be preferred, at the instance of the company. The Panchayat has

51
preferred W.A.No. 215 of 2004 feeling aggrieved by some other
findings that had been entered into by the learned Single Judge,
which would have, according to the Panchayat, gone against their
interests.

3. W.A.No. 1962 of 2003 had come to be filed at the instance of the


said company, aggrieved about the judgment passed in W.P.(C)
No. 31286 of 2003 dated 14.11.2003, which also concerned the
issue of licensing. As the main issues have been agitated in the
connected Writ Appeals, it was also posted along with them.

4. During the pendency of W.P. (C) No. 34292 of 2003, the


Panchayat had taken further steps for canceling the license granted
to the company and such proceedings had been subjected to an
appeal, as envisaged under Section 276 of the Kerala Panchayat
Raj Act. However, the orders had been stayed by the Government.
W.P.(C) No. 12600 of 2004 had been filed by the Panchayat
contending that the Government was not within its rights to
tamper with such orders and the proceedings should not have been
so interfered with. This too had been referred for being considered
by a Bench, along with other cases.

5. Mr. K. Ramakumar, learned counsel for the Panchayat, submits


that since an appeal had been filed by the company against the
steps taken for cancellation of the license by the Panchayat, now
that a statutory Tribunal has already been constituted, the appeal
is to be deemed as transferred to such Tribunal. He submitted that
perhaps without going to the merits or demerits of the contentions
raised by the parties, it would have been proper for all concerned
to agitate the matters before the said authority and a decision of
this Court could have been deferred to a future occasion.

6. Appearing on behalf of the State Government Mr. Rajan Joseph,


the learned Additional Advocate General, also voiced this Opinion.
But Mr. Vaidyanathan, senior counsel representing the company,
points Out that although an appeal is pending, it arose as an off
shoot of collateral Proceedings, while the matter was being actively
agitated before this Court by The parties and finality would not
have come, if the parties were relegated to Pursue such remedies.
According to him, since the validity and veracity of the
Government Orders had also been under challenge, the Tribunal
would have been disabled to go into or effectively adjudge on such
issues. On our part, we find that the matters had been pending

52
before this Court for almost two years, and a large amount of time
had been spent and reports from expert bodies, appointed by The
Court, have been made available. Therefore relegating the matter
to be decided by the Tribunal may not be a proper procedure, since
the effort is to have a lasting solution to the disputes that had
cropped up, for unfortunate Reasons. Hence the parties were
required to state their respective cases.

7. Mr. Ramakumar submitted that the Panchayat, represented by


him, should not be understood as having basic objections about the
functioning of the industry in the Panchayat area, since direct and
indirect employment to a number of persons was being offered.
But the objection was about the impact, which was found to be
real, interfering with the basic life pattern of the Grama Panchayat.
Residents had worry about exploitation of resources and were
concerned of pollution. If such apprehensions are appropriately
remedied; there would not be any objection for the Panchayat to
permit the company to carry on their activities, it is submitted

.8. Taking notice of the submissions, as above made, we feel that


the Matter could be gone into in some detail and the legal and
factual contentions raised by the parties could be subjected to
examination, as coming within the purview of this Court,
exercising jurisdiction under Article226 of the Constitution of
India.

9. In fact, as could be seen from the proceedings on Record before


the Division Bench, taking notice of the observations of the
Learned Single Judge, the effort was to rest the findings on 2008-
09-02 Scientific data collected by expert bodies, as the issue very
much revolved Round balancing of ecological rhythm, the
aspirations of the people in the locality, the duties and
responsibilities that were expected to be discharged by a Grama
Panchayat, especially in the wake of decentralization of powers and
the Predicament of an industrial unit, which had been cordially
invited to invest Substantial funds, ensuring them freedom of
functioning. Therefore, advertence to a great extent would have to
be made to the report prepared by the investigation team,
constituted by order in W.A.No. 2125 of 2003 dated 19.12.2003 by
the Division Bench, since this would have in the most proper way
to assess and tackle the situation resulting from conflicting stand.

53
10. The provocation of the Panchayat for filing W.P. (C) No. 34292
of 2003 could be stated now. At one point of time, they had refused
to renew the license in favour of the company. The steps were
challenged by way of a Writ Petition. Although a stay order had
been issued, ultimately this Court refused to go into the merits of
the case, and had suggested that since already an appeal had been
filed before the Government, it would have been proper for the
company to pursue the appeal. The Writ Petition was closed.
Thereafter, on hearing the parties, the Government by order dated
13.10.2003 had held that the Panchayat was in error in issuing the
orders, and a more detailed investigation should have been
appropriate, and had directed consequential instructions in this
direction. This order was the subject matter of challenge, at the
instance of the local authority. The details of the Sequences would
be given later.

11. The concerned industrial unit is engaged in the business of


manufacturing, storage, distribution and sale of aerated and
carbonated non-alcoholic beverages, fruit beverages and Packaged
Drinking Water. It is predominantly a water based industry.
According to the company, they have set up units and factories in
various parts of India, and one such factory is at Moolathara
Village in Perumatty Grama Panchayat. The company claims that it
is Operating worldwide in over 195 countries and has conceived
and introduced environmentally friendly policies. They are ever
careful to carry out operations taking care to preserve and protect
the environment. There was always frontline effort to comply with
safety standards and were frugal while dealing with natural
Resources. Waste management was an area of special emphasis.
Reference to the State-of-the-art Effluent Treatment Plant
installed at a cost of over Rs. 3crores is made. The water recovered
from the process is recycled for internal Use and it is a’ zero
discharge' plant. Therefore, they were at a loss to find how they
had come to the bad books of the Panchayat.

12. We may presently refer to the background of the disputes as


well. After identifying allocation and installing infrastructural
facilities, in response to its application, the Panchayat had issued a
license to them on 27.1.2000 for running the factory, using electric
power up to 2600HP. They claim that they had obtained license
Under the Factories Act and had obtained clearance from the
Pollution Control Board. The license issued by the statutory
authorities was being renewed from Year to year. The operations

54
were smooth for a while. But discordant notes were heard at a
distance, but they had thought it prudent to take them in their
stride, as basically their hands were clean.

13. An application for renewal of the License, for the year 2003-04,
had been duly presented with in prescribed time. But, by
communication dated 9.4.2003, the company was informed that
the Panchayat had decided not to renew the license consequent to
a resolution of the Panchayat dated 7.4.2003. The company was
also required to show cause as to why the working License should
not be cancelled within 15 days of receipt of the notice dated
9.4.2003. It had been alleged that because of the working of the
factory, exploitation of excess groundwater occasioned and there is
serious shortage of Drinking water. Ecological problems also were
seen. Further reason pointed out was that the Panchayat was also
noticing that certain organizations were agitating over the
functioning of the factory. At the auspices of early settlers, for over
a year an agitation was going on. Panchayat had been constrained,
according to them, therefore to pass a resolution, taking notice of
these. The notice is Ext.P2 in W.P. (C) No. 34292/2003 and Ext.P1
is the copy of the resolution dated 7.4.2003.

14. A reply was filed by the company against the show cause notice
on 30.4.2003, where under they refuted the allegations as made.
They apprehended that it is a post-decisional notice and amounted
to violation of the principles of natural justice. The allegations,
According to them, were factually not sustainable and the
agitations were stage Managed and for extraneous reasons.
Reference had been made to the grant of License by the other
statutory authorities. It had been pleaded that taking Notice of the
circumstance that it was catering to the social needs of the region,
the Panchayat was requested to desist from the contemplated
steps. A right of hearing had also been solicited. It had also been
highlighted in Ext.P3 Reply that:” We have also done/are
undertaking number of community development programmes for
the people living in the locality in the field of education, health and
drinking water supply. We are actively supporting the Perumatty
Panchayat run Higher Secondary School at Kannimari by
providing laboratory facility for the students."

15. A formal hearing had been offered, and thereafter, by Ext.P4


order dated 15.5.2003, the Panchayat had cancelled the license
granted to the company. It had been directed that the activities are

55
to be stopped from 17.5.2003. It appears that the only recourse
available viz., an appeal had been filed before the Government by
the Company, challenging the Steps contemplated by the
Panchayat, seeking guidance and interference, as briefly referred to
earlier.

16. In the meanwhile, an Original Petition also had been filed


against Ext.P2 as O.P.No. 13513of 2003. After hearing the parties,
finding that a decision after hearing the explanation was yet to be
passed, the Court had, by order dated 22.4.2003, directed the
parties to maintain status quo till 16.5.2003 or till the Panchayat
takes a decision, whichever is earlier. O.P.No. 13513 of2003 came
up for final orders on 16.5.2003 and this Court had directed that
the company is to move the appropriate authority against the
decision taken by the Panchayat. Such representation was to be
filed within one week from the date of the judgment. A decision
was to be taken thereon within one month; status quo was to be
maintained till such time. The decision, referred to earlier, came to
be passed in this context.

17. In due course, orders on the appeal came to be passed as Ext.P6


on 13.10.2003. The Government had gone to the essential details
and found that the Panchayat had not conducted any scientific
investigation or obtained benefit of any report from the competent
agencies before taking the drastic stand of canceling the license
already being enjoyed. The predominant issue of course centered
round exploitation of water resources. According to the
Government, the circumstances called for a detailed independent
investigation and consequently had issued the following direction:”
In the above circumstances Government hereby order that the
Perumatty Grama Panchayat will constitute a team of experts from
the departments of Ground Water and Public Health and the State
Pollution Control Board to conduct a detailed investigation into the
allegations leveled against the Company and its products. The
Panchayat will take a decision based on this independent
investigation as to whether the license granted to the Company
should be renewed or cancelled.

The Panchayat will get the enquiry conducted by these agencies


and come to a just u and fair conclusion based on this enquiry
within three months from the date of receipt of this order. All
enquiries and investigations should be conducted with notice to
the appellant Company. Till the Panchayat takes a final decision on

56
the cancellation of the license issued to the Company, the stay
granted by Government on 12.6.2003against the order of
cancellation of license by the Panchayat will continue
inoperation."A copy of the order is Ext.P6. W.P. (C) No. 34292 of
2003 came to be filed at the instance of the Panchayat challenging
the above order of the Government. Observations and directions
had been made and issued by the learned Judge, while disposing of
the Original Petition. The validity thereof has presently come up
for consideration in the two Writ Appeals (W.A.No. 2125of 2003
and W.A.No. 215 of 2004), as both the parties had grievances in
their respective areas of interest.

18. Before examining the rival contentions, it is essential that the


facts leading to W.A.No. 1962of 2003 also are catalogued. When
the matter was being considered by the Government, as stated
above, the Panchayat had issued a further show cause notice on
18.9.2003 pointing out that the company had installed bore-wells
without permission. They also alleged that there were medical
reports pointing out the presence of toxic substances in the effluent
discharges. Company was directed to show cause as to why steps
for closure should not be enforced. The notice was purported to be
issued by virtue of powers conferred on the Panchayat under
Section I66 of the Kerala Panchayat Raj Act. It had also been
suggested that paddy fields in the possession of the company were
converted into dry lands, which was unauthorized. According to
the Panchayat, there was also reason to presume that the products
of the company were likely to create health hazards.

19. Before us, it had been suggested that there was even an over
play of the issue. Notice confided that on enquiries, the Panchayat
gathered that though the company has shareholders in India, none
of them has voting rights or any say in the decision making process
by the company. All decisions are taken by the foreign nationals as
regards the manufacturing of soft drinks, establishment of
factories, disposal of waste etc., without any say to any one of the
Indian Nationals. Therefore, the Panchayat claimed that it had
reasons to believe that the very establishment of the factory in the
country, and especially at Plachimada, is violative of various
provisions of law regulating the conduct of Business by multi-
national companies. As the sale and consumption of the products
like Coca-Cola have been banned within the Parliament premises
in New Delhi and also by the State Legislative Assembly,
Trivandrum on the ground that they contained poisonous

57
substance, according to them, the proposal for closure was being
mooted.

20. A Writ Petition had thereupon been filed by the company as


W.P. (C) No. 31286 of 2003challenging the orders, inter alia
pointing out that the issue was already before the Government and
the fresh notice showed the bias harboured. No interim orders had
been granted, however. According to the Court, the Writ Petition
was premature as there was only a show cause notice. The
submission made, however, had been noticed that an explanation
was being submitted. It was during this time that Ext.P6, referred
to earlier, leading to W.P.(C) No. 34292 of 2003came to be passed
on 13.10.2003.

21. On the show cause notice, taking notice of the reply, a personal
hearing had been offered. A stand had been taken by the company
that the later developments in the form of Government Orders took
cognizance of the disputes and there was no requirement for a
separate or independent examination, or orders to be passed, as a
course of conduct had been directed to follow. The Writ Petition
itself was however disposed of, observing that the matter was being
heard by the Panchayat on 17.11.2003 and the decision, if adverse,
could be challenged. Against this judgment dated 14.11.2003,
W.A.No. 1962 of 2003 had come to be filed, pointing out that the
exercise of power by the Panchayat was unwarranted and showed
the mala fides harboured by the local authority against them, and
this Court should have considered the issue son merits.

22. But a separate examination of the rival contentions may not be


necessary, as the issues are closely interlinked. The anxiety of the
Company is that the rejection of the Writ Petition shouldn’t cause
technical hurdles to them.

23. We may also advert to W.P. (C) No. 12600 of 2004, at this
juncture. An application for license for the year 2004-2005 had
been submitted by the company along with a covering letter dated
17.2.2004 (Ext.P1 in the Writ Petition). However, referring to the
Resolution that had been passed on 5.3.2004, by Ext.P2
communication dated 11.3.2004; the company had been informed
that their style of running of the industrial unit was not one which
inspired confidence. To the regret of the Panchayat, they had
noticed, according to them, the over extraction of ground water by
installing six bore-wells without the permission of the Panchayat,

58
and as a result thereof, there was drought resulting in shortage of
drinking water. Additionally, there was a direction by the
Government to stop the drawing of ground water by the company,
and a Joint Parliamentary Committee had reported about the all
round pollution brought about by the working of the factory and
manufacturing products, which were hazardous to health. There
were complaints about skin diseases, itching etc., as a result of the
discharge of poisonous effluents from the factory, there was
improper effluent treatment and the Pollution Control Board as
per their letter dated 23.2.2004 was dissatisfied about the disposal
of hazardous waste generated from the factory, and that the
Panchayat had a duty to preserve water resources, soil protection
etc. Because of the precarious availability of water, they were
therefore practically convinced that considering the nature of
magnitude of water requirement, it may not be proper for grant of
the request.

24. Notwithstanding the above and although the Panchayat would


have been justified in refusing renewal, the company was informed
that as a special case, taking notice of the employment potential of
persons in the local area, a renewal could be considered, if they
were not to draw any ground water from the Panchayat area and
were to carry on the industry by bringing water from else where.
They were also to immediately stop discharge of waste to the
satisfaction of the Panchayat and also to satisfy the Panchayat
about the safety of the products, taking notice of the report of the
Joint Parliamentary Committee. An undertaking was to be given
forthwith, as otherwise the operations were to be completely closed
down.

25. By Ext.P3, the company had invited the attention of the


Panchayat to the unreasonableness of the advice. In effect, it was
highlighted that they were flouting the orders of the Court as also
Government by resorting to such a stand. But, referring to the
resolution passed on 29.3.2004,by order dated 30th of March,
2004 (Ext.P5), the company was advised them not to résumé their
operation in the absence of a valid license from the Panchayat pin
pointing five reasons,viz.1.) The application for renewal contains
false statements and claims.2) The Kerala State Pollution Control
Board has refused to issue the authorization under the Hazardous
Wastes (Management and Handling) Rules with a result that the
company has not provided satisfactory facility for the disposal of
Hazardous Wastes generated in your company.3) The Joint

59
Parliamentary Committee report has clearly indicated that the
products of the company contain harmful materials, which is
injurious to public health.4) The drawl of ground water by the
company has affected the source of drinking water and water
supply to the entire area, which is a matter of consideration and
the Government had declared so and stopped the drawl of ground
water until the Edavapathy (Monsoon).5) The Panchayat is
convinced that the reasons stated in its intimation dated11.3.2004
have to be reiterated and the company has not satisfactorily
explained any one of them either in the course of the hearing or in
the written statement made by the company through the counsel.
This order had been challenged by way of an appeal. By order
dated 1.4.2004, the Government had granted a stay on three
conditions, namely that (i) The Government Order dated
21.2.2004regarding the extraction of ground water (which
pertained to prohibition of extraction of water during drought
season) was to be strictly followed; (ii) the appellant was to strictly
follow the conditions laid down by the Pollution Control Board;
(iii) the directions in the judgment of the High Court in W.P.(C)
No. 34292 of 2003 regarding the extraction of ground water
subject tithe directions/ orders in W.A.No. 2125 of 2003 was to be
followed. In the Writ Petition, at the instance of the Panchayat, it is
contended that an ex parte order ought not to have been
passed.Mr. Ramakumar submits that the practical solution now
will be to direct the statutory Tribunal to hear and dispose of the
pending appeal, after hearing all the parties, and the indiscretion
of the Government in granting the interim order is not to be
separately examined.

26. The issues are practically interlinked. Although certain


additional grounds had been pointed out, justifying non-renewal of
the license, the basic issue is the assumption, which almost stands
transformed to a conviction harboured by the Panchayat, that
consumption of any amount of water for the industry would be
detrimental to the general interests of the Panchayat and therefore
it is to be discouraged. This was the reason which prompted the
Panchayat to advise the company that renewal for the year 2003-
04 also was not being favourably considered. However, such an
attitude adopted did not get full support from this Court, when we
examine the judgment in W.P.(C) No. 34292 of 2003, although the
Court had been persuaded to feel towards a necessity for a study
and imposing of restrictions in the enjoyment of nature's bounty.
The Government had advised the Panchayat for the necessity and

60
requirement of expert opinion, and it had to come from a
competent body.

27. By judgment in W.P. (C) No. 34292/03, the directions were


streamlined. In the present proceedings, this Court had felt the
necessity for presence of adequate materials by entrusting the
investigation to an expert body, practically concurring with the
Government's view. After hearing the parties concerned, by order
dated 19.12.2003, it had been ordered that:” for a proper
adjudication of this case, more scientific data are required. In this
view of the matter, prima facie we are of the view that the
Government was right in directing the Perumatty Grama
Panchayat to constitute a team of experts to conduct a detailed
investigation into the allegations leveled against the company and
its products".28. Noticing the suggestions made at the bar, the
learned Judges, at the early stage of the hearing, opined that "the
investigation should be entrusted with the Centre for Water
Resources Department and Management, Kunnamangalam,
Kozhikode, which is part of the Kerala State Council for Science &
Technology and Environment". The Centre was thereby appointed
for conducting an investigation as to whether the allegation viz.,
that working of the factory at Moolathara Village had resulted in
shortage and scarcity of drinking water in the neighboring areas
due to the over-exploitation of ground water for the use of the
factory. The Experts' body had been named by the Court and
expenses were directed to be defrayed by the company. The project
report was required to be filed by 7.1.2004, so that further
directions could be issued

.29. Monitoring the progress, follow up orders had been issued


from time to time. It cannot be ignored that such data was being
authoritatively collected so as to subject the contention of the
Panchayat for an examination as to the alleged existence of
exploitation, and if so, for curbing the activities and for prescribing
parameters, as might be required, so as to ensure justice as
between the parties. The role played by the Court had never been
objected by any of the participants to the proceedings. The
objective had been made known to all. Now that a report has come,
the Court is not to shirk responsibility, by refusing to look into
that. Also we feel that in view of the vital nature of the issue, the
matter has to be dealt with, befitting with the importance it
deserves.

61
30. A preliminary report, followed by a final report, has come on
record. Formal objection has-been filed by the Government on
1.4.2005, in the form of an affidavit, filed on behalf of the second
respondent. The Panchayat has also filed an objection, and had
produced along with it the materials relied on by them as about the
interim report, reserving leave to file further statements/objections
in due course. Before adverting to them, it is essential that the
criticism and contentions raised by the parties in Writ Appeals No.
2125/03 and 215/04 are examined.

31. Judgment in W.P. (C) No. 34292 of 2003 dealt with the issues
in some detail and paragraph8 thereof could be extracted as
follows:"8. Exts.P1, P2 and P4 would show that action was taken
against the 2ndrespondent for excessive extraction of ground water
and the resultant problem of drinking water scarcity and
environmental problems. But, at the time of hearing before the
Government, the Panchayat raised certain allegations regarding
the pollution caused by the industrial waste generated and also the
impurity of the Cola produced by the company. The 2nd
respondent answered those allegations. The Government, while
disposing of the matter, ordered an investigation and a decision on
these matters also. While exercising the licensing jurisdiction, the
Panchayat is not competent to go into the quality of the beverages
produced. It is for other appropriate authorities to look into such
allegations. Regarding the pollution caused by industrial effluents,
the Panchayat can look into and take appropriate action in
consultation with expert bodies under Section 233A of the Act. But,
in this case, the notice was issued only on the ground of excessive
exploitation of ground water and the decision to cancel the license
was taken only on the basis of that ground. Therefore, the
Panchayat fairly submitted that the validity of its decision and that
of the Government on this point alone need be considered by this
Court in this case.” The Court therefore had held that while
exercising the licensing jurisdiction, the Panchayat is not
competent to go into the quality of the beverages produced and it is
for other authorities to look into such aspects. As notice was issued
only on the ground of excessive exploitation, the jurisdiction or
right to cancel the license could have been exercised by the
Panchayat only on the basis of that reason. The approach is
unexceptionable.

32. Mr. Vaidyanathan, senior counsel submits that if that be the


case, the Court was not justified to go into other aspects. As

62
highlighted in the appeal memorandum, according to him, most of
such points were never even agitated. Counsel referred to
paragraph 12 of the judgment also, which is in the following
terms:"12. Now, coming to the present case, at the outset, it has to
be held that the order of the Panchayat to close down the unit on
the finding of excessive extraction of ground water is unauthorized.
The Panchayat can at best, say, no more extraction of ground water
will be permitted and ask the Company to find out alternative
sources for its water requirement. So, the Government's order to
the extent it interfered with the closure of the unit has to be
upheld.” But, according to him, the learned Judge had faltered
steps, when he observed that:” even in the absence of any law
governing ground water, I am of the view that the Panchayat and
the State are bound to protect ground water from excessive
exploitation”. The approach and enquiry, which began from this
premises, according to the counsel, has adversely affected the
thought process leading to the rest of the directions, which
according to him plainly defied logic.

33. Exploitation, if carried out, has to be established, before


accusing one of the indiscretions. He suggests that the Court was
not examining a hypothetical question. A finding was yet to be
arrived, and as it has turned out, it was one really begging the
issue. Counsel points out that it is not as if a person is not the
owner of water beneath his field, be it well water or groundwater.
The reasoning supplied for entering a finding to the contrary,
according to him, was feeble and not based on any legally accepted
principles. Excess exploitation is still more secondary issue.

34. We may point out that precise information was not


forthcoming as to the meaning of the term "ground water". The
Additional Advocate General, on being asked, explained that
groundwater was generally water which was available, possibly
below hundreds of meters belowground level and mostly locked
among rocks in the upper crest regions of the earth. But, he
submits that the legislation of the Government, as also dictionary
meaning, refers to "groundwater" as any water below the surface of
the earth, be it well water or water in a pond or water which could
be brought up by pumping through the bore-well. The essential
difference as between the water sources have not been attempted
to be noticed.35. We have to assume that a person has the right to
extract water from his property, unless it is prohibited by a statute.
Extraction thereof cannot be illegal. We do not find justification for

63
upholding the finding of the learned Judge that extraction of
ground water is illegal. It is definitely not something like digging
out a treasure-trove. We cannot endorse the finding that the
company has no legal right to extract this 'wealth'. If such
restriction is to apply to a legal person, it may have to apply to a
natural person as well. Abstract principles cannot be the basis for
the Court to deny basic rights, unless they are curbed by valid
legislation. Even reference to mandatory function, referred to in
the third schedule of the Panchayat Raj Act, namely” Maintenance
of traditional drinking water sources" could not have been
envisaged as preventing an owner of a well from extracting water
there from, as he wishes. The Panchayat had no ownership about
such private water source, in effect denying the proprietary rights
of the occupier and the proposition of law laid down by the learned
Judge is too wide, for unqualified acceptance.

36. In fact, we find that the learned Single Judge was himself in
two minds about an absolute proposition that might have resulted.
Observations in paragraph 14 of the judgment indicated that what
was objectionable was a "right to claim a huge share of it" alone.
Further, it has been observed in paragraph 15 that "like every other
land owner, the second respondent can also be permitted to draw
ground water by digging wells, which must be equivalent to the
water normally used for irrigating the crops in a 34 acre plot", but
however, the right had been given to the Panchayat to fix the
quantity permitted to be used. No reason is however given as to
why agriculture has a priority than an industrial activity.
Agricultural needs for water differ from crops to crops. Therefore,
the observation in sum total would have resulted in a chaotic
situation

37. It should have been found that the Panchayat had no


machinery to assess requirement for water to a property owner
other than to adopt the rule of thump. Senior Counsel Points out
that after making these observations, again in the operative portion
of the judgment, practically contrary direction had been issued
which enabled the Panchayat to prevent the company from
drawing any ground water after a period of one month. Even this
period was to enable the company to find out alternate sources of
water. The criticism is that the real issue has escaped notice of the
learned Judge, and there was no justification therefore to deny the
rightful claims, even recognized by the Government.

64
38. We find that the findings are not precise and the follow up
course suggested may not be practical. After holding that there is
right for using a reasonable amount of water, the Court could not
have held that the Panchayat is obliged to renew the license and
should not interfere with the functioning of the company, only if
the Company is not extracting ground water and is depending for
its water needs from other sources. The absolute prohibition was
neither called for, nor legal. A further direction had been made,
where under the Panchayat was to get the assistance of the Ground
Water Department for assessing the quantity of water that could be
drawn by a land owner, who had 34 acres of land for his domestic
and agricultural purposes. But it is not suggested as to what earthly
purpose this exercise is to benefit anybody. Use of any amount of
water had been prohibited and the earlier directions stood as a ban
for use of water for the manufacturing work in the factory. The
criticism of the appellant appears to be correct, as in spite of the
suggested examination or exercise directed to be carried out,
follow-up directions had not forth come, as to whether the ground
water could have been utilized at least to a limited extent.

39. Mr. Vaidyanathan also points out that the condition prescribed
by the learned Single Judge that the factory may be worked by
bringing water from other sources, though established in
Perumatty Grama Panchayat, would have been plainly unworkable.
Not only the right to use its own water is prohibited, but
impossible conditions are prescribed, which can lead only to one
result viz., that the establishment is to be closed down. The benefit
of the earlier observations, when the Government order had been
upheld is thereby lost to the company. It is argued that if the
principle deducible from the judgment could be understood in
plain terms, an owner of a land cannot draw water from his
properties or use even a single drop thereof. It could be visualized
that in all possibility, any other local authority would have objected
to drawing of water for being utilized for an industry distantly
situated. The restrictions would have applied to them as well, as an
individual was not entitled to draw water without the permission of
authorities. The net result will be that bringing water from any
other sources becomes illegal and unauthorized.

40. There is basis in such submissions, as it exposes presence of


rigid and unworkable propositions. We are reconvinced that as
suggested by the Division Bench, at the early phase of hearing, the
workable solution was to get sufficient data from authentic sources

65
and try to resolve the issues with a sense of proportion and
balancing. A water based industry, with a huge investment has to
receive water, to quench its thirst without inconveniencing others.
We also do not approve the observation made in paragraph 13 of
the judgment that "even assuming the experts opine that the
present level of consumption by the second respondent is
harmless, the same should not be permitted". The reasons given in
the judgment do not appeal to us as reasonable. Also the above,
essentially does not go hand in hand with the finding in the
judgment, in paragraph 12 that:” Now, coming to the present case,
at the outset, it has to be held that the order of the Panchayat to
close down the unit on the finding of excessive extraction of
ground water is unauthorised"as well as the observation:” so the
Government's order to the extent it interfered with the closure of
the unit has to be upheld"41. Coming to Writ Appeal No. 215 of
2004, we notice that the findings just above extracted have not
been subjected to challenge in the Writ Appeal of the Panchayat.
The grounds taken were that the Judge erred in law in holding that
the Panchayat cannot cancel the license if there is a health hazard
in the continuance of an industrial unit within the area of the
Panchayat (Ground A); and that the "observations of the learned
Judge are contrary to the mandate of the Constitution enjoying on
the Panchayat to attend to measures of protection of health and
wellbeing of its residents (Ground-B). Ground-C was that the
learned Judge erred in holding that the cancellation of the license
is not warranted in the case. Ground-D also was in the following
terms:” The learned Judge ought to have held that if an industrial
unit poses health hazards or causes pollution all round it is within
the powers of the Panchayat to exercise the power of licensing and
seeking the cancellation of the license already granted.” But these
grounds have been taken totally forgetting the submissions made
by the Panchayat, while the matter was being heard by the learned
Single Judge. There was no categorical challenge about the finding
in paragraph 8 of the judgment that "while exercising the licensing
jurisdiction, the Panchayat is not competent to go into the quality
of the beverages produced and it is for other appropriate
authorities to look into such allegations."

As a matter of fact, the learned Judge had recorded that "the


Panchayat fairly submitted that the validity of its decision and that
of the Government on this point alone need be considered by this
Court in this case”. This we find concerned with the issue of
excessive exploitation alone.

66
42. Therefore, the appeal filed by the Panchayat poses no challenge
on the quoted findings of the learned Judge. On the other hand,
the Court has held in favour of the Company that the Panchayat
had been arbitrary in imposing its decision. This appeal therefore
has no merit. Really we are again being reminded of the necessity
of examining the report of the Expert Committee, so as to give a
quietus to the issues

.43. We hold that ordinarily a person has right to draw water, in


reasonable limits, without waiting for permission from the
Panchayat and the Government. This alone could be the rule, and
the restriction, an exception. The reliance placed by the learned
Judge in Kamal Nath's case (M.C. Mehta v. Kamal Nath, (1997) 1
SCC 388) is not sufficient to dislodge the claim. The observation in
paragraph 13 that the ground water under the land of the
respondent does not belong to it may not be a correct proposition
in law. In the present case, we also notice the statement that the
Company has registered themselves as required under the Kerala
Groundwater (Control and Regulation) Act, 2002, which came into
force on 11.12.2003.

44. Now we may enter the next phase of the adjudication. The final
report of the Expert Committee is comprehensive, and it could be
gathered there from that a scientific investigation on the ground
water potential of the area and the shortage and scarcity of
drinking water in the nearby areas due to the current level of water
extraction by the company had been made the subject matter of
enquiry/investigation. The Committee found that the rainfall data
recorded in respect of the areas revealed of a shortfall in showers
for the years 2002-03 and 2003-04, as much lesser than the mean
value. This deficiency, according to the Committee, could be
considered as the most significant factor that has contributed to
the scarcity of water experienced in the study area. The Committee
has recorded the opinion that the unregulated withdrawal of
ground water from the wells within the Coca-Cola factory complex
and also outside, even during such a deficit period had aggravated
the scarcity situation. The annual average rainfall for the past ten
years had been taken notice, and up to the year 2004. During the
year 2004, as could be seen from the statements, there was a better
amount of rainfall (1690 mm at Meenkara). For the purpose of
calculation, the lower value of 1412mm at Chitturpuzha Project
office has been taken for assessing the ground water potential of

67
the area. The data available for the macro area of Chittur Block had
been considered and the Committee had come to the conclusion
that the committed annual ground water draft that should be
reserved to meet the water requirements of both domestic and
irrigation sectors in Chittur Block till 2025 AD could be estimated
as 62.5 Million Cubic Meters (MCM), leaving an annual balance of
about 4.2 MCM of ground water resources for meeting other uses
of water, including industrial purposes. The annual ground water
required by the company, at the average rate of 5lakh litres per
day, would have come at 0.1825 MCM, which would be less than
5% of the total available 4.2 MCM.45. As revealed in the report,
Committee had also studied the data pertaining to ground water
resource of Plachimada watershed. It found that what could be
used by the company was4.97% of the annual available ground
water resource of 3.67 MCM which would be there in the
watershed. The recommendation appears to be that permissible
ground water withdrawal could be 5 lakh litres per day, if for
relevant year, average rainfall was available. If it was less by10%,
exploitation is to be reduced to 4 lakh litres per day. If the
monsoon is less by 20% or30%, restriction should have been made
to 3 lakh litres and 2 lakh litres respectively. In a case of a year
where there was 30% lesser rainfall than average, total ban of use
has to be imposed.46. The Panchayat had not filed any detailed
objection about the report, and continued to rely on the objections
made against the interim report. Thus, it has not been possible to
know their stand about the presentation, including the watershed
approach for arriving at water availability status for various
purposes, which alone appears to have been the addition (See
Minutes dated20.1.2005 - Appendix IF). Nothing was specifically
pointed out for discarding the report or the recommendations.
Although an affidavit is filed on behalf of the second respondent
on1.4.2005, it has come out as a very feeble effort, and an effort,
which is difficult to be accepted as of any consequence. A
"Geological Assistant" of the Ground Water Department is the
signatory to the affidavit. He submits that on going through the
report, no principle is found outland reason for allowing
withdrawal of such a huge quantity of water is also not discernible
from the report. Attempt is to import and rely on statistics in the
form of Ext.R2 (a) (Yearly Rainfall at Chulliar Dam) and Ext.R2(c)
(Monthly Rainfall at Meenkara Dam) for the year 2004. It is to be
noticed that Chulliar Dam is situated more than 15 kilometers
away. Also the signatory has overlooked that the Expert Committee
had taken the lowest figures of rainfall as mean value recorded by

68
relevant rain gauges, which was lesser than for the latest year. The
mechanism of the projections suggested is not attempted to be
challenged. We are also constrained to observe that it was not
prudent for a subordinate officer to swear an affidavit controvert
the findings of the Expert Committee, especially since his superior
officer (Hydro geologist, Groundwater Department) was one of the
members of the Expert Committee. The opinion of the Officer, who
is a Geological Assistant, can only be considered as pedestrian.
Evidently, the attempt of the Government was to escape from a
possible pique of indiscretion that otherwise might have been
suggested. Perhaps it is filed purely for the purpose of records; if
not to appease the gallery. We find that the report of the
Committee is fair; it appears to be authentic, based on data
collected, mature and therefore acceptable.

47. Before coming to the final phase of the case, we may also advert
to the relevance of W.P. (C) No. 12600 of 2004. Although orders
were passed by the Government on 13.10.2003, as per the
directions of this Court in O.P.No. 13513 of 2003, certain fresh
issues were precipitated, especially pointing out the health hazard
and the application for license for the year 2004-05had been
rejected. Because of the binding judgment in W.P. (C) No. 34292 of
2003 dated16.12.2003, wherein the Panchayat had suffered an
order that "while exercising the licensing jurisdiction, the
Panchayat is not competent to go into the quality of the beverages
produced and it was for the other appropriate authorities to look
into such allegations", we feel that such arguments are incapable of
being reinitiated, as the Panchayat is bound by the observations, as
such findings have never been challenged. Also the proceedings
were of not good taste, as the Government Order dated 13.10.2003
bound the discretion of the Panchayat, which had only been
partially modified by the judgment in W.P. (C) No. 34292 of 2003.
All steps were to be kept in abeyance, and they had a duty to assess
the magnitude of alleged exploitation before any further adventure.
Of course, it could be seen that additional circumstances were
arrayed, but even prima facie; such allegations appear to be of no
substance.

48. When we go through the exhibits presented in the Writ


Petition, we find that the Panchayat has however, in their letter
dated 11.3.2004, and offered to renew the license on satisfaction of
three conditions. They are: (1) The Company should not draw or
cause to be

69
drawn any groundwater from anywhere in Perumatty Grama
Panchayat, including the open well, and they may bring water from
outside; (2) The company is to immediately stop discharge of
waste, including dangerous and offensive contents, which are
serious health hazards and attend to waste management; and (3)
the products are to be ensured as not having any poisonous
chemical substance in them, as has been found by the Joint
Parliamentary Committee. Therefore, it was more of an ego clash,
and we do not wish to go to other details.

49. As regards the first objection, we have already held that such a
restriction will be unwarranted. It always will be permissible for an
occupier to draw water out of his holding. The permissible
restrictions, in public interest, can only be to compel him to ensure
that by his conduct he does not bring about a drought or any
imbalance in the water table. The interim report of the Expert
Committee itself indicate (vide paragraph 4.3) that although the
pumping of ground water was stopped during March, 2004 the
trend of water level falling in the observation wells in the area
continued. The suggestion and condition to bring water from
outside the Panchayat area to run an industry housed there is
plainly unreasonable and we cannot approve such a condition for
curbing the normal activities.

50. In respect of the objection about pollution, in the course of


hearing, reference is made to a letter addressed to the Chairman of
the Kerala State Pollution Control Board pointing out that every
possibility of any waste product contamination has been plugged
up. May be the Pollution Control Board has no objection in
permitting operation. As for the third objection viz., report from
the Joint Parliamentary Committee, we had occasion to peruse
through the documents as produced by the Panchayat. There is no
reference to any sample taken from the Factory at Plachimada and
therefore the objection as presented does not appear to be valid or
even sustainable. The Panchayat might not be possessing
sophisticated equipments for analyzing the contents of the
manufactured products, and although as Mr. Ramakumar points
out that the Schedule to the Panchayat Raj Act is specific about the
mandatory duties of the local body, that by itself will not justify
them to engage in a pursuit for which they are ill-equipped. The
anxiety of the Panchayat of course is understandable, but blind
faith may lead to perpetration of arbitrariness, as points of view of
third parties do not get noticed.

70
51. An overall assessment of the situation, we feel, may not be out
of place. Water travels constantly through water channels beneath
the ground. These are generally referred to as water sources and
reserves, and replenishment of ordinary wells is brought about
naturally through this system. But, water in immeasurable
quantities which reach substantially lower levels by percolation
processes round the year are locked in, for ages, between rock
formations, and it could be tamed out only by mechanical devices,
e.g., through bore-wells. Presence of water could be compared to
that of petroleum deposits underground, although there is no
regular replenishment for the latter. Often kilometers below
ground level, both remain eternally trapped. It is not uncommon
that large deposits of petroleum are found far below the ocean
floor. The ground water similarly is trapped deep below the
ground. Such deposits are not subject to evaporation, and laws of
gravity do not permit it ever to come up of its own. It is, therefore,
safe to assume that bore-wells are used to draw such water alone
and by working of such pumps, water might be drawn from areas
extending to several kilometers. Drying up of ordinary wells, tanks
etc., in summer season is not a phenomenon specific to
Plachimada. As could be gatherable from the report, the shortage
in rainfall substantially is a contributory factor thereto. By natural
seepage during rainy seasons, on its own, water travels downwards
to reach low levels. The Committee has explained the above as a
process of recharging to the ground water, which is likely to replace
the exploited amounts. This appears to be the basis of the future
projections made by them. The very fact that the wells were drying
up in the summer at Plachimada, notwithstanding stoppage of
exploitation after March 2004, and when the company's bore-wells
were kept idle, leads to the assumption that the apprehensions and
allegations were not true to the factual situation.

52. We, therefore, come to the conclusion that the Panchayat was
not justified in resorting to steps, whereby renewal of license for
the Hindustan Coca-Cola Beverages Private Limited was rejected
well before a scientific assessment was made. The Panchayat had
also no legal authority to cancel the license for functioning the unit
in the Panchayat area for any of the reasons pointed out, at
different occasions. The Panchayat is therefore directed to consider
the application for renewal of the license granted to the Company,
for the coming year, or any block years, if such application is filed
within two weeks from today. The Company will have the

71
obligation to apprise the Panchayat that they possess licenses
issued under the Factories Act and clearance received from the
Pollution Control Board. Within one week of such presentation, if
the above two conditions are satisfied, the Licensing Authority of
the Panchayat is directed to grant the license and it may not be
within its jurisdiction to enquire about the details of the
machineries installed, including bore-wells, as such matters
predominantly are to be within the jurisdiction of enforcement
officers under the Factories Act. After grant of license, it may be
permissible for the Panchayat for making inspections, so as to see
whether further license fee would be payable.

53. For the year 2005-06, taking notice of the average rainfall that
had been there in the locality, the Company will be entitled to draw
ground water not exceeding 5 lakh of litres per day, without any
right for accumulation in case of non-user per day. The Panchayat
will be entitled to carry out inspection, as coming within its
jurisdiction, including the limits of use of water per day, in a
manner at their discretion, of course without unduly interfering or
inconveniencing the company. The Company should satisfy the
Panchayat about the intake of water per day, keeping correct up-
to-date log books and records. The renewal of license for the
coming years should also be on the basis of the observations made
herein, as might be applicable with required changes, so as to suit
the occasion.

54. Although third parties had got themselves imp leaded, we had
only opportunity to hear Mr.Chithambaresh, representing the
cause of workmen. They were vociferous in contending that the
Panchayat had been unnecessary twisting the arms of the company
for no useful purpose, misdirecting itself. There were no
representations from any others, who posed to represent the
general public. Nevertheless, we feel that taking notice of the
commitment to which reference and claim is made by the
company, we have to direct that the company should actively
involve in the community development programs for the people
residing in the locality especially in the matter of health and
drinking water supply, at the supervision of the Panchayat. We
may refer to the stand taken by them, as could be seen from
Ext.P3, produced in W.P. (C) No. 34292 of2003, which calls for
such directions. Since the early settlers and general public are
apprehensive about the shortage

72
Of drinking water, this becomes an essential duty of the company.
The factory is drawing water resources from the Plachimada
watershed, and also perhaps from other regions of Chittur Taluk
through suction. Therefore, a reasonable amount of the water so
drawn are to be utilized for benefit of general public, and as
directed by the Panchayat from time to time. This work of water
supply is to be undertaken, and commenced before 30th of June
2005. The restriction imposed for its own consumption will not be
applicable when water is drawn for this additional requirement.

55. In view of our observations and findings, we hold that the


appeal proceedings before the statutory Tribunal, filed by the
Company under Section 276 of the Panchayat Raj Act, is to be
closed as having become anfractuous, and a formal request is to be
made by the Company in that regard, on the authority of this
judgment. As far as the refund of deposit of cash made, in view of
the order of this Court dated 7.1.2004, on application being filed,
the Registry is to place the matter before the Court, and obtain
further orders.

56. The three Writ Appeals and the Writ Petition are disposed of as
above. The directions and observations of the learned Single Judge
in the judgment in W.P. (C) No. 34292 of 2003 will be deemed as
modified in consonance with the directions, as above made. On
pronouncement of the judgment in open Court, the learned
counsel for the Panchayat submits that one week's time granted for
consideration of the application will be too short a period and at
least two weeks might be required. Although Sri. Shaffique,
appearing for the respondent-Company, submits that the time
granted is adequate, taking notice of the circumstances, the time
granted as one week will stand modified as two weeks.
Posted on Wednesday, September 24, 2008 4:32 AM

[Dravida Peravai participated in the 2000th day of Plachimada Struggle and


in fact has a nucleus to create a Kerala unit of Dravida Peravai]

73
VOICE OF WORLD SOCIALISM
By dravidaperavai @ 2006-05-23 – 08:02:18

WHO OWNS THE WORLD?


FEW FACTS TO PONDER
Just in case you doubted that the world population is divided
between a small percentage who own most of the wealth and
the vast majority who must work for them in order to
survive, here are some facts:

The net wealth of the 10 richest billionaires is $133 billion,


more than 1.5 times the total national income of the least
developed countries (UNDP 1999).

The following are some key quotations from the UNDP


Human Development Report 2003 that show the current
extent of global poverty:

"More than 1.2 billion people – one in every five on Earth –


survive on less than $1 a day. During the 1990s the share of
people suffering from extreme income poverty fell from 30%
to 23%. But with a growing world population, the number fell
by just 123 million – a small fraction of the progress needed
to eliminate poverty. And excluding China, the number of
extremely poor people actually increased by 28 million."
Hence "in Latin America and the Caribbean, the Arab States,
Central and Eastern Europe and Sub-Saharan Africa the
number of people surviving on less than $1 a day increased."

"Some 54 countries are poorer now than in 1990. Of


the 54 countries with declining incomes, 20 are
from Sub-Saharan Africa, 17 from Eastern Europe
and the Commonwealth of Independent States (CIS),
6 from Latin America and the Caribbean, 6 from
East Asia and the Pacific and 5 from the Arab
States."

"Poverty has increased even in some countries that have


achieved overall economic growth, and over the past two
decades income inequality worsened in 33 of 66 developing
countries with data." "More than 1.0 billion people in

74
developing countries – one person in five – lack access to
safe water."

"Every year more than 10 million children die of preventable


illnesses – 30,000 a day. More than 500,000 women a year
die in pregnancy and childbirth, with such deaths 100 times
more likely in Sub-Saharan Africa than in high-income
OECD countries. Around the world 42 million people are
living with HIV/AIDS, 39 million of them in developing
countries. Tuberculosis remains (along with AIDS) the
leading infectious killer of adults, causing up to 2 million
deaths a year. Malaria deaths, now 1 million a year, could
double in the next 20 years."

The evidence shows that global inequality has not been


reduced over recent years and some recent research has
argued that it has increased (The Economist 26/04/2001). A
study by Branco Milanovic at the World Bank is based upon
household survey data for countries covering 85% of the
world population. Milanovic measures inequality within
countries (most of the previous studies had focused solely
upon inequality between countries). His paper (Milanovic
2002) concludes that global inequality in 1993 had a Gini co-
efficient of 66, having increased by 3 from 66 in 1988 (The
Gini co-efficient is a measure of inequality on a 0-100 scale,
with 0 representing perfect equality). As The Economist
points out, 5 years is a relatively short period of time to draw
conclusions about trends in inequality and their causes,
although 66 is still a very high level of inequality:

"This level of inequality is equivalent to a situation where


66% of people have zero income, and 34% divide the entire
income of the world among themselves equally!"
www.worldgameofeconomics.com).

Author: DG

[Dravida Peravai is slowly spreading its wings in Tamil Nadu


bringing all Socialists together. In South Tamil Nadu new
office bearers are to be announced. Dravida Peravai is
drafting a Socialist Agenda for India, and we are greatly
indebted to the write ups of World Socialist Movement,
which we will be reproducing here in order to stimulate fresh
thinking of our cadres. N.Nandhivarman]

75
Dravida Peravai
Dravida Peravai on global political issues and causes

WAYS TO COMBAT TERRORISM


By dravidaperavai @ 2006-05-08 – 09:08:33

Combating Terrorism,
Understanding Terrorists
Terrorism is a tactic, not an enemy that we can target in a
war, which means that the 'war on terrorism' is nothing of
the sort. Instead, we are fighting a war against people who
use terrorism. This war probably won't be won by destroying
the enemy; on the other hand, denying them their goals and
reducing their fervor may accomplish much more.

In the winter 2006 issue of the Wilson Quarterly, Richard


K.Betts writes: Terrorism is not an enemy. It is a tactic used
by an enemy in pursuit of a political objective. There will be
no final victory against terrorism, but there may be victories
that are close enough to final against particular political
groups that use terror tactics. Italy’s Red Brigades, Peru’s
Sendero Luminoso, Mozambique’s Renamo, and America’s
Ku Klux Klan may not be extinct, but we do not worry much
about them anymore.

Victories, such as they are, usually result from a combination


of forcible attrition and an evolution in the political contexts
and social environments of these movements that reduce
sympathy for their agendas. Effective counter terrorism thus
needs to begin with an understanding of the political motives
and incentives of terrorists and, where possible, with the
ability to dampen them.

Doing this requires trying to understand the terrorists —


understand what motivates them, what they want, why they
want it, and so forth. This isn’t a very popular thing to
recommend because terrorists have been portrayed as the
epitome of evil, as people who are psychologically deranged
and therefore unworthy of study or negotiation.

76
This attitude is a mistake, however: Understanding radical groups
in other cultures is difficult. Insight requires a degree of empathy, and
parochial observers find it hard to empathize with different
worldviews, while cosmopolitan observers naturally find reactionary
ideologies alien and unfathomable. It is also vital to distinguish
between empathy and sympathy. Anyone who appears to sympathize
with terrorists will be discredited as a source of wisdom on
counterterrorism, but those who do not empathize with terrorists will
not get far enough inside their heads to develop the maximum base
of intelligence for counterterrorism.

Americans need not worry much about understanding terrorists who


do not threaten us, such as the Tamil Tigers, the Irish Republican
Army, or Colombian drug lords. But they must deal head-on with the
problem of understanding the main group at which American
counterterrorism efforts are now directed: Al Qaeda. Most normal
Americans find it impossible to empathize with any movement that
uses suicide bombers to kill large numbers of civilians, especially
American civilians, because empathy requires admitting that
somewhere in the world intelligent people regard U.S. policy as
aggressive, oppressive, and murderous.

The prevalent urges to attack the “root causes” of terrorism are


generally misguided and unconvincing, because they cite generic
problems, such as poverty, religious fanaticism, or poor education,
which exist in far more places than the few that spawn terrorists. If,
however, we think of the root causes as the specific political
grievances of the groups in question, the urge to focus on them is a
good one. Confronting the enemy’s political agenda will clarify just
how much U.S. policy can or cannot do to reduce the incentives to
use terror against our society, and determine whether
counterterrorism has to rely on force alone to suppress the terrorist
actions that flow from those incentives.

This does not mean that we should meet terrorist demands, but
rather that knowing the enemy better increases the odds of finding an
opening in his armor, or of figuring out better ways to use
propaganda (what “public diplomacy” for the war on terror really
means) to sway the populations whose allegiance is at issue. Dealing
with future terrorism will require plenty of inventive intelligence
activities, to be sure, but there will be no single technological or
bureaucratic fix on which to pin all our hopes.

77
Counterterrorism will require a lot of plain old politics and
psychology. Some people seem to favor a purely military solution to
terrorism — they simply want to destroy terrorists and be done with
it. To call this a simplistic reaction to the situation is an
understatement. At best, it’s an emotional reaction to the horrors of
terrorism which should have been overcome by more rational and
sensible thinking long ago.

Even if terrorists don’t have any legitimate grievances, they think they
do and unless those grievances are dealt with on some level, more
extremism and terrorism will keep being produced. As Betts says, this
doesn’t mean “meeting their demands,” but at the very least we have
to think about what the demands are and what can be done. Perhaps
we’ll find some legitimate arguments and will thus have to admit to
having to change.

Other times, maybe we can find ways to subvert the demands and
thus deny the extremists any broad support they need to continue
over the long term. KKK terrorists were ultimately subverted by the
government strongly backing integration — there was no declared
war, but there was a great deal of social and legal pressure placed on
the KKK. Today, they aren’t a threat anymore and they don’t have
enough broad support in the community to even have serious
influence anywhere. What better fate can there be fore Al Queda —
to become a shadow of its former self, unable to be more than the
butt of jokes?

[WE APPRECIATE THIS ARTICLE BUT DO NOT AGREE


TO THE TAG THAT TAMIL TIGERS ARE TERRORISTS.
TAMIL TIGERS ARE FREEDOM FIGHTERS... Dravida
Peravai]

78
Dravida Peravai
Dravida Peravai on global political issues and causes
A BOOK ALL MUST READ
By dravidaperavai @ 2006-04-30 – 04:59:08

A New Scientific Understanding


Has Arrived
There has long been a serious dissatisfaction with our
scientific knowledge and beliefs, both from mainstream
scientists and science enthusiasts alike. Our scientists’
response is to merely invent often wild, abstract, fanciful
theories (warped space-time, quantum mechanics, time-
dilation, and now "Dark Matter", "Dark Energy", etc.), while
amateur enthusiasts often invent their own "alternate
theories" that typically end up in the "crank” or "crackpot"
category. Either way, both approaches have left us with quite
a scientific mess.

The Final Theory is a new science book that breaks the mold
entirely. It does not align itself with today's fanciful science,
yet is a best-selling science book based on very sound logic
and solid scientific principles. It is the first truly viable
answer to all the confusion, mysteries, and head-scratching
found in today's science. See the truth for yourself...

Read the free first chapter of The Final Theory and finally
begin to understand your world.

Today's Science Has Lost Its Way

This universe is our home, and it is our birthright to


understand it and our place within it, but our science has
completely failed us in this quest, leading us into an abyss of
unending mysteries and unsolvable puzzles. = See the
Science Flaws page for a more in-depth look at where our
science has gone wrong.= See the Science Articles page for
many more examples of our science gone wrong from our top
researchers . How Did Things Go So Wrong?

The new understanding in The Final Theory shows that the


simple reality of our universe has been unrecognizably
distorted by a long succession of misunderstandings. It

79
began with Newton mistaking gravity as an "attracting force",
which neither he, nor anyone since, has ever been able to
explain. Einstein further mistook gravity as a mysterious
warping of "4-dimensional space-time", which also remains
completely unexplained. Now our scientists are tossing
"quantum gravity" and "10-dimensionalsuperstrings" into
the fray. Similarly, Benjamin Franklin’s misunderstanding of
observations gave us the equally unexplained "electric
charge" concept, while still others followed, such as the
"nuclear forces" holding the atom together, Quantum Theory,
Special Relativity Theory, the” Big Bang" concept, etc. All of
these ideas are useful working models of observations, but
they are also all now widely recognized as fundamentally
unexplained hypotheses.

Our Scientists Don't Have the Answers

In our search for answers and understanding it is crucial that


we question our scientists and their beliefs. It is a fact that
most of what they believe and profess is still based on the
same concepts that we were all taught as correct in school...

80
centuries-old beliefs from a much simpler time. Our
scientists are now heavily invested in our current science
paradigm -- right or wrong -- and are highly unreceptive to a
book that questions and overturns their beliefs. This has left
us with the very odd situation that although many educated,
science- minded individuals have made this book an ongoing
science bestseller it has yet to receive a response from the
scientific community. Reclaim Your Lost Birthright of
Understanding

It is up to you to take control of your birthright of


understanding. Explore this website, see the truths that it
holds, see our flawed science for what it actually is and
prepare for the new physics that has arrived. The Final
Theory dramatically simplifies and truly explains our world
for the first time. From this new perspective it is now
possible to see that we have been fed an increasingly
distorted view of our universe over the past few centuries.
Our universe is not the complex, bizarre place of today’s
science, but a fairly simple places where common sense can
be trusted and which the human mind can easily
comprehend. Read on and rediscover your world.

81
TURKEY MUST BE ADMITTED
IN EUROPEAN UNION
By dravidaperavai @ 2006-02-21 – 05:43:59

DRAVIDA PERAVAI ENDORSES THE DEMAND FOR


TURKEY'S INCLUSION IN EUROPEAN
UNION

WORLD WIDE POLITICS AND POLITICAL DISCUSSION


FORUM
[www.forum-politics.com]

A Justifiable demand on behalf of Muslim


moderates had been made by Ersoy, a junior
member of this forum, who seems to have joined
this forum in February 2006.Dravida Peravai fully
endorses the sentiments of the forum member and
urges the Leaders of European Union to admit
Turkey in the European Union, thereby paving way
to cure the so called sick patient of Europe from the
economics related diseases that cripple its march to
peace and progress.

N.Nandhivarman, General Secretary, Dravida Peravai

82
PLEA FOR TURKEY MADE BY ERSOY

Moderates from both sides should think about it again!


Turkey's position may be very important as a bridge between
two worlds. Why Turkey should not be admitted in EU.Some
people including short-sided small politicians say that
Turkey is geographically are not in Europe. Well, while we,
The Turkish people were protecting Europe's back from
Russians during Cold War, as one of the most important
members of NATO, there was no discussion about Turkey's
geographical position. Turkeys Northern neighbours
Ukraine, Russia are in Europe, In Northwest Georgia, and
Armenia our cousins Azerbaijan are all considered to be in
Europe Continent. In South Cyprus is in Africa but
considered to be a part of EU. Israel may well be welcomed to
E.U some day in the future. So, except Iran, and Southeast
Turkey ironically surrounded by Europe but somehow she is
not in Europe.

Some people say that Turks are an Asiatic people and does
not belong to Europe. In fact, population of Asiatic origin in
Turkey is only %15 and the rest is the grand children of
converted Eastern European people and native people of
Anatolia. On the other hand, a great percentage of today's
Greek population is also of Anatolian origin. They have been
sent to Greece during the "population exchange" in 1920's in
return of Muslim people living in Greece. The same thing
happened for Muslim people in Bulgaria, Romania,
Macedonia and elsewhere. The only criteria to decide who
was Turk and who was not was "religion" only. That’s why in
today's Turkey 99% of people is Muslim. Because Christian
Turks now are Greek citizens and Muslim Greeks are now
Turks. Some people who were sent to Greece did not speak
even Greek Language, and learn it later. In fact some of their
elderly never did at all. They were considering them as
Christian Turks. Therefore if Today's Greeks are European
Turks also Europeans. Their genetic diseases, blood group
distribution prove that too. How come familial
"Mediterranean" Fever disease can be so common in an
"Asiatic" people. I'm a medical doctor and know the issue
very well. So that rhetoric is not valid at all.

Turkey with her democratic tradition may be very helpful as


a sample to Muslim world. You may think that it is not a

83
perfect democracy but we truly have the longest experience
of democracy (60 years) and thousands of years of good state
tradition in Moslem world. Some people may see Turks as
new comers to the area and barbaric occupiers of civilized
territories. (I would like to remind you that most European
nations came to their modern territories only a few hundred
years before Turks have come to Asia Minor, I am not even
talk about Americans, Australians, or South Africans so on!).

You may like to see it or not: Our women started voting


several years before Swiss ladies were allowed voting in
general elections. I’m a medical doctor myself and I know
that almost half of medical doctors in this country are
women. Also 40 per cent of faculty members in universities. I
do not want to increase the number of examples too much. If
you are blinded with prejudices and Kurdish-Armenian
Diaspora's rhetoric, you will not agree anyway. They benefit
of being a victim of barbaric Turks, it became their way of life
and their profession. But I know US citizens and even some
European countries cannot even imagine 40 percent of
women faculty members in their universities in the near
future.

What about that Armenian Massacre issue? Did you know


that right before so called "genocide" years Armenians had
an official "Armenian Army" in Eastern Anatolia? As citizens
of Turkey they had a separate army! They all know that! But
nobody talks about it! Did Jews have an army before Nazi
Genocide? It's funny to compare Jews and Armenian's
situations. Quite different stories. That army and Armenian
mobs started ethnic cleansing in the area. I had several Old
Turkish patients that lost all their family members in
"Armenian-Made Genocide". Armenians were quite
determined about killing all Turks and Kurds in the area and
create a "Greater Armenia". But Turks were not so weak and
helpless. They did the same. A civil war started in the area,
Kurds and Turks killed Armenians, and Armenians killed
Turks and Kurds. Finally Ottoman Government decided to
relocate Armenians towards other territories in the Turkish
Empire, like today's Lebanon. It was terrible. Many
Armenians lost their lives on the roads. Hunger, disease,
Turkish gang attacks. A real human tragedy but not a real
"genocide" like Nazi's did. Some historians think that during
those years some 3 million Turks were killed and up to 600

84
000-1.5 million Armenians lost their lives. But no one really
has counted them. Especially Turkish lives have always been
very inexpensive and worthless even for their own
government during those terrible first decades of 20th
century.

Another claimed problem is Turkey's population. Some


people claim that it increases too fast and some they whole
Europe may be Turkish. These not true either. Turkey’s
population growth has decreased drastically during last
decades. In 1990 it was down to 2.1% and possible now it is
somewhere between 1.5-1.6%. On the other hand aging
population and minus population growth rates in Europe are
a thread itself and needs to be solved anyway. Even without
Turks Europeans should face that problem and try to solve it
sooner or later.

Will Turkey be an Islamic Fundamentalist state in the


future? You should see that despite the pro-religious
government which is in power in this country, it is still a
secular state and feels itself as a part of civilized world. What
we are experiencing in Turkey now the final scene of
demystification of political Islam. We will find the right way
and create a brand new experience of democracy and
secularism in the Muslim world. Our government put a lot of
work into Turkey’s bid to joining E.U. I believe this has been
the best proof that secular, democratic state tradition of
Turkey is not just a play acted by just Turkish military and
some Turkish elite.

Kurdish problem? Kurdish people have improved their status


drastically during Turkey's EU bid. If it continues, obviously
more normalization will occur. Giving land to Kurds? Come
on no country in the world would just give away 1/3 of its
territories. Neither Great Britain, nor France. We are no
fools! We have lived with Kurds and many other ethnicities
in this land side by side so we have been mixed like flesh and
bone! We can do it better. Should try to do it better.

Well, finally Europeans should remember! Turkey has always


been a major player in European history. Geopolitics is a
quite strange thing; it repeats itself again and again. If you
have needed Turkey's help in the past, there is a good chance
that you will need it some time in the future too. If you have

85
needed to pass through Gallipoli strait, with your gunship, it
is quite likely that you will ask for it in the future too (Did
you know that if Western Forces would be able to pass straits
in 1918, besides invading Istanbul one of their major goals
was to help Czar in Moscow and with their help maybe
communism would never be in power in most of Europe for
60 years and history would drastically change, readers from
Russia and former Eastern European countries would
understand what that really means! Bad thing probably,
Eisenstein movie "Potemkin" would never be made!).

I hope when that time comes, Turkey would still be a


peacekeeper between east and west. It depends on your
decision now and in the future.

Let’s give peace a chance! Think about it again!

86
RELIGION IS THE REAL PROBLEM
By dravidaperavai @ 2006-02-19 – 18:36:24

RELIGION IS NOT THE SOLUTION-IT IS THE


PROBLEM

[A net friend Mrs. Heather Teniteni from New Zealand, who


reads my blogs and comments almost regularly had mailed
me this article, and Dravida Peravai is happy to reproduce
this article in this blog.]

By Sam Harris, Sam Harris is the author of "The


End of Faith: Religion, Terror, and the Future of
Reason," published this month. He can be reached
at www.samharris.org

President Bush and the Republicans in the Senate have failed


— for the moment — to bring the Constitution into
conformity with Judeo-Christian teachings. But even if they
had passed a bill calling for a constitutional ban on gay
marriage, that would have been only a beginning. Leviticus
20:13 and the New Testament book of Romans reveal that
the God of the Bible doesn't merely disapprove of
homosexuality; he specifically says homosexuals should be
killed: "If a man lies with a male as with a woman, both of
them have committed an abomination; they shall be put to
death."

87
God also instructs us to murder people who work on the Sabbath,
along with adulterers and children who curse their parents. While
they're at it, members of Congress might want to reconsider the 13th
Amendment, because it turns out that God approves of slavery —
unless a master beats his slave so severely that he loses an eye or
teeth, in which case Exodus 21 tells us he must be freed.

What should we conclude from all this? That whatever their import
to people of faith, ancient religious texts shouldn't forms the basis of
social policy in the 21st century. The Bible was written at a time when
people thought the Earth was flat, when the wheelbarrow was high
tech. Are its teachings applicable to the challenges we now face as a
global civilization?

Consider the subject of stem-cell research. Many religious people,


drawing from what they've heard from the pulpit, believe that 3-day-
old embryos — which are microscopic collections of 150 cells the
size of a pinhead — are fully endowed with human souls and,
therefore, must be protected as people. But if we know anything at all
about the neurology of sensory perception, we know that there is no
reason to believe that embryos at this stage of development have the
capacity to sense pain, to suffer or to experience death in any way at
all. (There are, for comparison's sake, 100,000 cells in the brain of a
fly.)

These facts notwithstanding, our president and our leaders in


Congress, many of them citing religious teachings, have decided to
put the rights of undifferentiated cells before those of men and
women suffering from spinal cord injuries, full-body burns, diabetes
and Parkinson's disease.

Of course, the Bible is not the only ancient text that casts a shadow
over the present. A social policy based on the Koran poses even
greater dangers. Koran 9:123 tells us it is the duty of every Muslim
man to "make war on the infidels who dwell around you." Osama bin
Laden may be despicable, but it is hard to argue that he isn't acting in
accord with at least some of the teachings of the Koran. It is true that
most Muslims seem inclined to ignore the Koran's solicitations to
martyrdom and jihad, but we cannot overlook the fact that some are
not so inclined and that some of them murder innocent people for
religious reasons.

The phrase "the war on terrorism" is a dangerous euphemism that


obscures the true cause of our troubles, because we are currently at

88
war with precisely a vision of life presented to Muslims in the Koran.
Anyone who reads this text will find non-Muslims vilified on nearly
every page. How can we possibly expect devout Muslims to happily
share power with "the friends of Satan"? Why did 19 well-educated,
middle-class men trade their lives for the privilege of killing
thousands of our neighbors? Because they believed, on the authority
of the Koran, that they would go straight to paradise for doing so. It
is rare to find the behavior of human beings so easily explained. And
yet, many of us are reluctant to accept this explanation.

Religious faith is always, and everywhere, exonerated. It is now taboo


in every corner of our culture to criticize a person's religious beliefs.
Consequently, we are unable to even name, much less oppose, one of
the most pervasive causes of human conflict. And the fact that there
are very real and consequential differences between the major
religious traditions is simply never discussed.

Anyone who thinks that terrestrial concerns are the principal source
of Muslim violence must explain why there are no Palestinian
Christian suicide bombers. They too suffer the daily indignity of the
Israeli occupation. Where, for that matter, are the Tibetan Buddhist
suicide bombers? The Tibetans have suffered an occupation far more
brutal. Where are the throngs of Tibetans ready to perpetrate suicidal
atrocities against the Chinese? They do not exist. What is the
difference that makes the difference? The difference lies in the
specific tenets of Islam versus those of Buddhism and Christianity.

There are now more people in our country who believe that the
universe was created in six solar days than there were in Europe in
the 14th century. In the eyes of most of the civilized world, the
United States is now a rogue power — imperialist, inarticulate and
retrograde in its religiosity. Our erstwhile allies are right not to trust
our judgment. We elect leaders who squander time and money on
issues like gay marriage, Janet Jackson's anatomy, Howard Stern's
obscenities, marijuana use and a dozen other trifles lying at the heart
of the Christian social agenda, while potentially catastrophic problems
like nuclear proliferation and climate change go unresolved.

We elected a president who believes the jury is still out on evolution


and who rejects sound, scientific judgments on the environment, on
medical research, on family planning and on HIV/AIDS prevention
in the developing world. The consequence, as we saw in recent
elections in Spain, is that people who feel misled and entrapped by
our dogmatic and peremptory approach to foreign policy will be

89
unable to recognize a common enemy, even when that enemy
massacres hundreds of people in their nation's capital.

It is time we recognize that religious beliefs have consequences. As a


man believes, so he will act. Believe that you are a member of a
chosen people, awash in the salacious exports of an evil culture that is
turning your children away from God, believe that you will be
rewarded with an eternity of unimaginable delights by dealing death
to these infidels — and flying a plane into a building is only a matter
of being asked to do it. Believe that "life starts at the moment of
conception" and you will happily stand in the way of medical research
that could alleviate the suffering of millions of your fellow human
beings. Believe that there is a God who sees and knows all things, and
yet remains so provincial a creature as to be scandalized by certain
sexual acts between consenting adults, and you will think it ethical to
punish people for engaging in private behavior that harms no one.

Now that our elected leaders have grown entranced by pseudo-


problems like gay marriage, even while the genuine enemies of
civilization hurl themselves at our gates, perhaps it is time we
subjected our religious beliefs to the same standards of
evidence we require in every other sphere of our lives. Perhaps
it is time for us to realize, at the dawn of this perilous century,
that we are paying too high a price to maintain the iconography
of our ignorance.

90
NEW ZEALAND'S LAST COLONY ON ROAD
TO FREEDOM
By dravidaperavai @ 2006-02-15 – 08:24:49

DRAVIDA PERAVAI GREETS THE PEOPLE OF ATOLL


OF ATAFU

The atoll of Atafu, the tiny South Pacific territory of Tokelau with
600 people is on the road to freedom. New Zealand's last colony ends
its colonial rule. The observers of United Nations and officials of
New Zealand went there to enable people vote in
referendum.Pondicherry too got liberation from French rule by way
of local bodies voting in favour of Indian Union. Here the people of
Atoll of Atafu are expressing their burning desire for freedom by way
of ballots.Dravida Peravai welcomes this new dawn and thanks the
women Prime Minister of New Zealand Helen Clark for ending the
colonial rule in the atoll of atafu.

HISTORY WILL SALUTE HELEN CLARK FOR THIS


HISTORIC FEAT- N.Nandhivarman

91
UNITED NATIONS MUST DELIVER
JUSTICE TO EAST TIMOR
By dravidaperavai @ 2006-02-14 – 20:56:52

EAST TIMOR INDEPENDENCE A RAY OF HOPE TO


TAMIL EALAM

The free online encyclopedia Wikipedia informs that” The


Democratic Republic of East Timor, is a country in Southeast
Asia. It consists of the eastern half of the island of Timor, the
nearby islands of Atauro and Jaco, and Oecussi-Ambeno, an
exclave of East Timor situated on the northwestern side of
the island, surrounded by Indonesian West Timor. The name
Timor is derived from timur the Malay word for 'east', which
became Timor in Portuguese. The word for 'east' in Tetum is
loro sa'e or 'rising sun'. The Portuguese name Timor-Leste
and Tetum name Timor Lorosa'e are sometimes used in
English.

East Timor is the poorest country in the world, with a per


capita GDP (Purchasing Power Parity adjusted) of only $400
(which corresponds to the 192nd, and last, position).
However, regarding HDI, it is in 140th place among world's
nations, which corresponds to medium human development.
Formerly Portuguese Timor, East Timor was invaded by
Indonesia in 1975, which occupied it until 1999. Following
the UN-sponsored act of self-determination that year,
Indonesia relinquished control of the territory, which
achieved full independence on May 20, 2002. With the
Philippines, East Timor is one of only two majority Roman
Catholic countries in Asia.

92
HUMAN RIGHTS VIOLATIONS BY INDONESIA
DURING OCCUPATION

One world for Democracy, an egroup in which I am a


member brought out a note on human rights
violations in East Timor and that is given below:

East Timor human rights report prompts concerns over


similar crimes in West Papua. A report into human rights
abuses carried out in East Timor during the Indonesian
occupation has intensified concerns that people living in the
disputed Indonesian territory of West Papua may be
experiencing similar crimes.

The report, published by the East Timor Commission on


Reception, Truth and Reconciliation (known as CAVR)
documents a systematic campaign of oppression and
brutality in East Timor by Indonesia and gives credibility to
concerns of similar abuse in West Papua.

East Timor President Xanana Gusmão presented the report


to UN Secretary General Kofi Annan on 20 January but has
delayed releasing it to the Timorese people. The damning
findings have prompted international development charity
Progressio to write to the British government urging it to
compel Indonesia to give UN investigators free access to
West Papua. Theo van den Broek, Progressio country
representative for East Timor, said: 'CAVR has provided an
authoritative account of the massive toll in human lives and
suffering caused by Indonesia during its 24-year occupation
of East Timor. But tragically, there is also strong evidence
that the Indonesian government and military continue to
wage a similar campaign in West Papua.'

Human rights and church groups in West Papua have


recorded consistent patterns of abuse since Indonesia
assumed control of the territory in 1969. The groups believe
these reports bear a striking resemblance to the policies and
actions CAVR found in its investigations in East Timor,
including military reprisals against civilian populations, extra
judicial killings, torture, sexual abuse of women and
starvation among communities displaced by military
operations, which have also been denounced by the East
Timorese churches.

93
West Papua's religious leaders have also been calling for the
authorities there to respect the human dignity of the
indigenous population and for the Indonesian government to
enter into dialogue in the spirit of building Papua as a land of
peace.

Mr van den Broek added: 'Knowing now the extent of


Indonesian atrocities in East Timor, the international
community has an obligation to seek the truth about
Indonesia's actions in West Papua. The East Timorese
suffered long and hard because of the international
community's reluctance to face the truth. And the people of
West Papua will continue to suffer unless there is action to
investigate reports of abuse and bring to justice those
responsible for the human rights violations. The painful
experience of the East Timorese noted in the CAVR report
highlights what can happen when the international
community allows crimes against humanity to be committed
with impunity.'

Progressio is an international organisation working for


sustainable development and the eradication of poverty.
Progressio was formerly known as the Catholic Institute for
International Relations (CIIR).

Although not yet officially released to the East Timorese


public, the final text of the report of the East Timor
Commission on Reception, Truth and Reconciliation (known
by its Portuguese acronym CAVR) has been made available
online and by international NGOs. The President of East
Timor officially presented the report to the United Nations
Secretary General on 20 January 2006 but has not yet
officially released it to the East Timorese people.

The CAVR report details the effects of the extensive


militarization by Indonesia in East Timor during the 24-year
occupation, resulting in the perpetration of crimes against
humanity and war crimes against civilians in East Timor.
One of the aims of the CAVR report is to determine the truth
and make recommendations to ensure these events are not
repeated. However, as recently as 27 January 2006, the
United Nations Special Advisor on genocide highlighted
West Papua, a disputed Indonesian territory, as a place of
concern where indigenous populations are at risk. The CAVR

94
report provides a detailed account of the structure and
operations of the Indonesian military in East Timor from
November 1975 to October 1999. CAVR examined extensive
documentary evidence and took statements from more than
7,000 people to form the basis of its report, which are more
than 2,000 pages long.

Such a report was not possible before now because of the


difficulty in gaining access to East Timor during the
Indonesian occupation, particularly for journalists and
representatives of international human rights bodies and
development agencies. There are now similar restraints on
access to information in West Papua, where only piecemeal
reports can be made about human rights abuses perpetrated
during Indonesia's 40-year rule - abuses that continue to
occur. And notwithstanding the limited number of
investigations into human rights abuses in West Papua, the
reports available show marked similarities to the abuses
committed in East Timor, meticulously detailed in the CAVR
report.

Some of the most damning findings against the Indonesian


military relate to the systematic conduct of military
operations against civilians. The commission found that the
Government of Indonesia and the Indonesian security forces
are primarily responsible and accountable for the deaths
from hunger and illness of between 100,000 and 180,000
East Timorese civilians who died as a direct result of the
Indonesian military invasion and occupation. 'The
commission finds that during the invasion and occupation
members of the Indonesian security forces summarily
executed, imprisoned and tortured thousands of East
Timorese civilians' (see page 6 - the chapter on
accountability). In trying to achieve control of East Timor the
commission also concluded that illegal methods of warfare
were employed against the population, including the use of
napalm.

Human rights and church groups in West Papua have also


documented the patterns of abuse identified by the
commission. For example, investigations by the Baptist
Church in West Papua in 2004 found that civilians were
displaced as a result of an operation by the Indonesian
military. More than 60 of some 6,300 displaced people died

95
while hundreds more were at serious risk of disease and
malnutrition, having being denied access to emergency aid.

Human Rights Watch has described the military operations


in West Papua as being: 'characterized by undisciplined and
unaccountable troops committing widespread abuses against
civilians, including extrajudicial executions, torture, forced
disappearances, beatings, arbitrary arrests and detentions,
and drastic limits on freedom of movement. Torture of
detainees in police and military custody is also widespread
across the country and some of the detainees tortured are
children. Indonesia's executive and judicial branches
regularly fail to address such abuses.' The use of napalm
against civilians in East Timor by the Indonesian military has
also been reported.

An often under-reported aspect of conflict - sexual violence


against women - has been investigated thoroughly by CAVR
in documenting 853 incidences of sexual violence, of which
more than 45 per cent were accounts of rape in East Timor.
More than 93 per cent of the sexual violations were
committed by Indonesian security forces and their
auxiliaries. Sexual violence against women has also been a
reported feature of the conduct of the Indonesian military.
'In West Papua, similarly, the military's use of rape was
targeted specifically and exclusively against indigenous
Papuan women, was committed in public (sometimes by
more than one soldier), against girls as well as women, and
was sometimes accompanied by murder or mutilation or
both.' In both East Timor and West Papua there has been
little or no judicial accountability for these atrocities.

The United Nation's mandated Commission of Experts for


East Timor reported last year that accountability for those
most responsible for the violence committed in East Timor
has not been achieved. These findings are supported by
CAVR's report which recommends that justice mechanisms
for the crimes committed in East Timor be continued and
that an International Tribunal for East Timor be considered
by the United Nations.

Similarly, in West Papua, impunity for breaches of human


rights by those in authority continues. In September 2005 a
human rights court in Sulawesi acquitted two police officers

96
standing trial for the December 2000 killing in Papua of
three students and the torture of up to 100 civilians. Each
failure to bring perpetrators of human rights violations to
justice reinforces the confidence of perpetrators that they are
indeed above the law.

Progressio maintains that the similarity between CAVR's


findings and reports of rights abuses in West Papua is a clear
signal to the international community of the need to act now
in investigating these abuses and ensuring an end to
impunity in Indonesia. The CAVR report provides a detailed
account of what happens when the international community
does not take decisive action to raise awareness of what is
occurring and allows crimes against humanity to be
committed with immunity.

DRAVIDA PERAVAI EXPRESSES SOLIDARITY


WITH THE PEOPLE OF EAST TIMOR AND URGES
THE UNITED NATIONS TO ACT UPON THE
REPORT AND SEE SUCH INJUSTICE IS PUT TO AN
END AS SOON AS POSSIBLE.

N.Nandhivarman General Secretary Dravida Peravai

97
Dravida Peravai
Dravida Peravai on global political issues and causes

CHINESE LESSONS TO INDIA AND


TAMILS
By dravidaperavai @ 2006-05-07 – 16:21:58

Courtesy: [www.openDemocracy.net]
THE RESURGENCE OF CHINESE NATIONALISM
Christopher R Hughes

China’s much-vaunted “peaceful rise” is shadowed by a


resurgent nationalism that has become a key factor in ruling
party’s political calculations, says Christopher R Hughes.
China is now accepted as a major force in the world’s
economic and security systems, having joined the World
Trade Organization and aligned itself with the United States
in the “war on terror”. And with the 2008 Olympic Games
awarded to Beijing, the country is also on its way to
establishing a newly respectable cultural status. Yet incidents
such as the anti-Japanese protests which rocked Shanghai in
spring 2005 (after Tokyo approved new school textbooks that
the Chinese say played down Japan’s wartime atrocities) still
raise questions about the kind of society China is becoming.

How the rise of popular nationalism might influence its


foreign policy is an issue of particular concern. The
resurgence of Chinese nationalism that has taken place since
the mid-1990s can be seen as a “bottom up” phenomenon,
with popular opinion constraining the options open to
decision-makers. On one hand, China’s leaders and
academics go to great lengths to present the “rise of China”
as “peaceful” and emphasize “good neighborliness” in forging
relations with neighboring states. On the other hand, popular
writers win their place in a burgeoning commercial market
by speaking ominously about “China under the shadow of
globalization”, or despairing over the lack of national self-
confidence revealed by the proliferation of signs advertising
“China’s Long Island” and “The Manhattan of the East”.
Whenever tensions rise with Washington, Tokyo or Taipei,
Chinese internet bulletin boards are bombarded by
correspondents demanding that their government adopt a
tougher stance. The Shanghai demonstrations were merely
the latest in a stream of such outbreaks, starting with the

98
Taiwan Strait crisis of 1995-96 (when China conducted a
series of missile tests in the waters surrounding Taiwan) and
running through the 1999 Nato bombing of the Chinese
embassy in Belgrade (where then- President Slobodan
Milosevic of Serbia was thought to have been visiting).

Nation and class

Such a “bottom up” interpretation has to be called into


question, however, by the particular nature of China’s
ideological and institutional systems. The Chinese
Communist Party (CCP) has placed nationalism at the centre
of its claim to maintain a monopoly on political power ever
since the days of Mao Zedong’s leadership. For decades, the
party has consistently claimed it is entitled to hold a
monopoly on political power because of its credentials as the
savior and guardian of a nation threatened and humiliated by
a coalition of enemies, both within and abroad. Rather than
disappearing with Mao’s demise, the narrative of the CCP
leading the nation to victory in the war against Japan and in
the civil-war struggle with the Nationalists has been given
new significance during the period of “reform and opening”
that began in the late 1970s. At the heart of the ideological
orthodoxy of “Deng Xiaoping Theory” lies a call for loyalty to
the nation rather than class struggle and socialist
egalitarianism. And according to ideological orthodoxy,
loyalty to the nation means loyalty to the CCP.An important
aspect of this strengthening of the nationalistic elements of
CCP ideology is the need to suppress popular calls for
political reform that have accompanied the departure from
socialist egalitarianism and class struggle. When Deng
crushed calls for democracy during the “Beijing spring” of
1979, he insisted that what he “scarred generation” of the
Cultural Revolution needed was not democracy but a revival
of the patriotic values that had been cherished by the young
in the days before and after liberation.

Dissidents were condemned as the lackeys of enemy foreign


powers. This use of patriotism to legitimate
the CCP dictatorship under “reform and opening” is what
makes demonstrators and dissidents attempt to legitimate
their own positions by capturing the patriotic high-ground.

99
In response, the CCP has to constantly reinforce its own
nationalistic credentials. This was most evident when a
“patriotic education campaign” was launched after the
Tiananmen Square massacre of 1989, deploying emotive
memories of the “hundred years of humiliation” that began
with the “opium war” in 1840 and finished with the
establishment of the People’s Republic of China (PRC) in
1949. Special emphasis was given to recalling the war against
Japan and the civil war with the Nationalists, with traumatic
events such as the 1937-38 Rape of Nanjing – considered the
Japanese military’s most infamous war crime – singled out to
remind the population that the CCP is the party of national
salvation. Yet despite this ratcheting up of patriotic emotions
under “reform and opening”, the CCP leadership has also had
to ensure that its version of nationalism is compatible with
the economic requirements of attracting foreign investment
and know-how. This dilemma goes back at least as far as the
attempts by Confucians reformers of the 19th century to
preserve the imperial system by using foreign “functional
knowledge” (yong) to preserve Chinese essence (ti). It can
currently be seen in such programs as the claim to be
building a Chinese “socialist spiritual civilization”, or
“socialism with Chinese characteristics”. While such a
formula can appeal to conservatives who want to combat
“spiritual pollution” and “bourgeois liberalization” from
abroad, it can also be calibrated to allow the incorporation of
fashionable themes such as the “world scientific and
technological revolution”. The overall result is a peculiar
globalization of nationalism that allows some sense to be
made of oxymoronic concepts like the “socialist market
economy”.

It also provides an ideological justification for the emergence


of an elitist techno-nationalism appropriate for the current
generation of leaders.

This was systematically formulated as party orthodoxy when


the theory of the “Three Represents” – coined by then-CCP
general secretary Jiang Zemim – was put alongside Mao
Zedong Thought and Deng Xiaoping Theory as an element of
the party line at the Sixteenth Party Congress in November
2002.

100
POLITICS AND VOICE
Social groups that have arisen under the impact of market
mechanisms and the belief that science and education can
“rejuvenate the nation” have been given a new political
status; at the same time, entrepreneurs, technical personnel
and managers of non-public and foreign enterprises have
been recognized as “builders of socialism with Chinese
characteristics”, allowing them to join the CCP. This
globalistic nationalism, however, also remains open to
appropriation by actors who feel it is their duty to speak out
for those whose security and welfare are being eroded under
“reform and opening”, including many of the “intellectuals”
and educators upon whom the party relies to safeguard and
disseminate its orthodoxy. Since the mid-1980s, there has
been a strong tendency for demonstrators angry over issues
ranging from corruption to poor campus food to identify
themselves with iconic nationalistic student movements from
the past, frequently choosing to bring their activities to a
head on the anniversaries of well known
patriotic movements. Those who demonstrated in
Tiananmen Square in the spring of 1989 identified
themselves with the May Fourth patriotic student movement,
so-named after the demonstrations on that date in Peking in
1919, expressing outrage against the weakness of a
government that allowed the transfer of German territorial
possessions in China to Japan at the Paris Growing
discontent has meant that nationalist politics has been fed
into broader public discussions of key policy areas.

This is one reason why the Chinese authorities decided to


stop the anti-Japanese demonstrations before the arrival of 4
May 2005. Growing discontent has meant that nationalist
politics has been fed into broader public discussions of key
policy areas, especially as the internet and a commercialized
publishing industry have opened up
new spaces for dissent. Yet it is the particular characteristics
of the CCP version of nationalism that gives such protest its
broader significance. At the root of this linkage is the way in
which Deng Xiaoping Theory justifies economic reform by
making it the condition for successfully opposing
“international hegemony” and bringing about the
“unification of the motherland with Taiwan”. When Deng

101
listed these goals as the “three main historical tasks” for the
CCP leadership in January 1980, he created a linkage
between areas of policy-making that has become a hostage to
fortune for his successors. The use by the CCP elite of
symbols of the great Han cultural tradition to appeal for
domestic unity, for example, does not sit well with the official
policy towards the non-Han groups in the border areas of
Tibet and Xinjiang: that the People’s Republic is a multi-
national state in which all ethnic groups are equal.
Conversely, many residents of Taiwan and Hong Kong reject
the reduction of patriotism to loyalty to the CCP by using
democratic notions of sovereignty when they are appealed to
on the basis that they are all “descendants of the Yellow
Emperor”. Balancing the patriotic rhetoric that the CCP aims
at its domestic audience has become particularly difficult to
reconcile with the conduct of foreign policy since 1988,when
the Beijing municipal authorities prohibited demonstrations
against atrocities committed against ethnic Chinese in
Indonesia. For neighboring states, the credibility of China’s
“peaceful rise” has to be put in the balance with popular
demonstrations against Japan and the United States,
Beijing’s refusal to rule out the use of force to unify with
Taiwan and a rapid arms build-up.

The current Chinese leaders now face the nightmare scenario


of a presidential election in Taiwan in March 2008 (and
probably a referendum related to the island’s international
status), just before Beijing hosts the Olympic Games. From
this perspective, the 2005 anti-Japanese demonstrations are
just a blip in a much broader and longer-term struggle over
the legitimacy of CCP leadership. It is true that such
challenges can be seen as the result of “bottom up” pressures
from an increasingly restive population. However, such
problems could not be used by a variety of actors if China’s
leaders did not themselves constantly deploy the nationalistic
elements of Deng Xiaoping Theory to legitimate the rule of a
communist party overseeing the introduction of market-
based reforms. There has been much speculation over
whether or not democratization would encourage the rise of
an aggressive Chinese nationalism and convincing
predictions can be made both ways. Yet what is clear from
the history of “reform and opening” to date is that the
dependence of a one-party state presiding over market-

102
oriented reforms for its political legitimacy is what gives
nationalist politics in China its current significance.
Movement towards a
more democratic claim to power is one of the conditions for
reducing that dependence.

DRAVIDA PERAVAI OPINES: DRAVIDA PERAVAI IS


KEEN TO VISIT CHINA IN JUNE 2006 AND HENCE IS
REVIEWING ITS POLICIES BASED SO FAR ON THE
VIEWS OF COMRADE GEORGE FERNANDES.WE HAVE
AN OPEN MIND.WE ARE KEENLY WATCHING THE
CHINESE RESURGENCE AND TRYING TO FIND WHAT
AILS IN INDIA AND WHY INDIA FAILS IN ITS
GOALS.MAY BE LACK OF NATIONALISM IN People’s
MIND BE THE REASON. TAMIL NATIONALISM IS PART
OF INDIAN NATIONALISM SINCE INDIA IS A MULTI
NATION STATE. THE NAME INDIAN UNION LIKE
EUROPEAN UNION ADMITS THE FACT THAT
DIFFERENT NATIONS HAVE COME TOGETHER AS
FEDERAL UNION FOR REACHING COMMON GOALS.
BUT IT IS NOT HAPPENNING IN INDIA.

ONCE WHEN I MET FORMER FINANCE MINISTER OF


INDIA YASHWANT SINHA WHEN HE WAS IN OFFICE HE
COMMENTED LIKE THIS."EUROPIAN UNION BEGAN
WITH VARIOUS CURRENCIES AND NOW REACHED A
COMMON CURRENCY AND COMMON MARKET, BUT IN
INDIA WE HAVE A COMMON CURRENCY BUT NOT
ATTAINED A COMMON MARKET.NOW EVERYONE IS
TALKING ABOUT ASIAN COMMON MARKET WITHOUT
ATTAINING INDIAN COMMON MARKET".

DRAVIDA PERAVAI IN ITS MANIFESTO STRESSES


THE NEED FOR SINGLE GLOBAL CURRENCY AND
IT IS WRITTEN IN AN ARTICLE IN NEW TIMES
OBSERVER 2 YEARS BEFORE Party’s LAUNCH IN
1996.LET CHINESE EXPERIMENT BE STUDIED BY
OUR ECONOMISTS IS WHAT WE HAVE TO SAY AT
THIS JUNCTURE

103
RECALLING OUR PAST: 1965 TAMIL
LANGUAGE STRUGGLE IN INDIA
By Annaist @ 2006-10-19 – 13:49:22

104
105
106
A MOON ASTROLOGERS DONT KNOW

By Annaist @ 2006-05-06 – 12:22:56

LIFE IN SOLAR SYSTEM POSSIBLE AT


ENCELADUS
Ron Cowen
Step aside, Europe. Make way, Titan. Saturn's small moon Enceladus
is becoming one of the hottest places to look for signs of life in the
chilly outer solar system. NASA's Cassini spacecraft recently
discovered that a giant plume of water vapor, dust, and small ice
crystals shoots out from a crack-lined region in the southern
hemisphere of this 500-kilometer-wide moon. Observations of the
plume and surrounding material on the moon's surface suggest that
Enceladus harbors the basic ingredients necessary for life as we know
it.Researchers last year discovered a geyser of water vapor and ice on
Saturn's moon Enceladus. The finding spotlights this small moon as a
new place to look for liquid water and other signs of life in the outer
solar system.

An internal heat source probably drives the geyser, which looks like
Yellowstone's Old Faithful. The source might heat pockets of liquid
water at the bottoms of the cracks, driving it out as hot water or
steam. The mix of inorganic compounds and hydrocarbons found in
the plume, as well as organic compounds detected on nearby regions
of the moon; suggest that a rich, warm organic soup lies beneath the
surface. Such a soup would be a prime place for finding amino acids,
building blocks of life, says Cassini scientist Dennis Matson of
NASA's Jet Propulsion Laboratory (JPL) in Pasadena, Calif. He and
his colleagues report the basic findings about Enceladus in nine
articles in the March 10 Science. A water-bearing zone on Enceladus
might be more easily explored than other promising sites in the outer
solar system could, some planetary scientists now argue. Although
Jupiter's moon Europa may harbor a vast, briny ocean, it would lie
beneath an icy shell estimated to be tens of km thick. And if Titan,
the largest Saturnian moon, contains liquid water, the reserves are
probably well beneath its hydrocarbon-shrouded surface, which is
cold enough to freeze even methane. In contrast, the exposed
crevasses on Enceladus that may hold liquid water are only about a
half-kilometer deep. "I'm not saying we're going to find bugs on
Enceladus, but I am saying that whatever the incipient conditions are
for life, they are readily accessible there," says Cassini researcher

107
Christopher Parkinson of the University of Michigan in Ann Arbor.
"And it's worth taking a look." Volatile findingsEnceladus, a tiny
moon whose area is smaller than that of New Mexico, first captured
the attention of planetary scientists a quarter-century ago. That's
when the two Voyager spacecraft revealed ancient, pockmarked
terrain on the moon lying adjacent to much younger, smoother
regions. The smooth areas suggested that parts of the moon had
recently undergone a facelift in which upheavals erased old craters.

DOWN SOUTH. This false-color view of the southern hemisphere


of Saturn's moon Enceladus shows that more heavily cratered,
presumably older terrain lies next to smoother, younger terrain. The
smooth patches indicate that the south-polar area has undergone
recent fracturing or upheavals.

Those and later Earth-based observations showed a diffuse ring of ice


particles residing around the moon, another indication that Enceladus
is geologically active and venting material. Researchers planning the
Cassini mission, which settled into orbit around Saturn in 2004,
hoped that the robotic craft might get lucky and record a snapshot of
the moon during an eruption. The scientists got more than they
bargained for. During the first two Cassini passages of Enceladus, in
February and March 2005, the craft's magnetometer detected radio-
wave oscillations at the exact frequency expected when ionized water
molecules gyrate along magnetic field lines. The ions were probably
created when sunlight struck water vapor emanating from the moon,
researchers concluded.

Then, on July 14, Cassini swooped in for a closer look, coming within
172 km of the moon. That's the nearest that the craft has come to a
satellite of Saturn. Images revealed a terrain of faults, folds, and ridges
devoid of craters, further evidence that Enceladus is one of the most
geologically active places in the solar system. The images also showed
fresh-looking deposits of amorphous and crystalline ice that could be
just hours to decades old.

Then, to the astonishment of planetary scientists, "Cassini saw this


great big, working thing," recalls Parkinson. A giant geyser of water
vapor was erupting from the vicinity of 100-meter-wide linear cracks,
dubbed tiger stripes, at the south pole. The plume soared 175 km
above the moon

"This was a heart stopper," says Carolyn Porco, Cassini imaging


scientist at the Space Science Institute in Boulder, Colo. Spectra

108
revealed that the geyser contained compounds tentatively identified as
carbon dioxide, methane, propane, acetylene, and molecular nitrogen.
Molecular nitrogen requires a relatively warm temperature, notes
Matson. For a crucial 24 seconds during this flyby, instruments on
Cassini observed the southern hemisphere of Enceladus while a
background star, Bellatrix, dipped behind the moon. Just before the
star vanished, some of its light filtered through the tenuous gases
surrounding Enceladus. Viewing this stellar occultation, an ultraviolet
detector on Cassini measured the amount of water vapor expelled by
the plume. It also revealed in the plume and on the nearby surface, a
mixture of organic and inorganic compounds that might support life.
Because that material probably came from the cracks, the vents would
seem to be a hospitable place for life, says Parkinson. Completing the
picture, Cassini revealed an infrared glow—a hint of heat. Though it's
still a frigid 157 kelvins, the region around the plume is 25 kelvins
warmer than other areas on the moon. Solar heating isn't enough to
explain the high temperature, Parkinson says. Instead, the moon must
have some inner source of heat. If the temperature at the base of the
plume at the bottom of the crack is higher than that of the moon's
surface, as several models suggest, it means that the crack may hold
liquid water. Other evidence hints that Enceladus' plume isn't a one-
shot event but has persisted for years. The longer the moon has been
belching water vapor, the more likely it is to have retained liquid
water beneath its surface, says Parkinson. Assuming that the geyser
continues erupting, Cassini might get another chance to study it when the craft
passes the moon again in spring 2008. Enceladus was first detected in 1789. In
the early 1980s, ground-based observations revealed that the moon inhabits an
interesting neighborhood. It lies in the middle of Saturn's E ring, a tenuous outer
circle of fine ice particles. Scientists immediately suspected that Enceladus both
created and replenishes the ring. Computer models indicate that the largest
chunks of ice in the plumes probably follow paths that send them
hurtling back toward Enceladus. But some of the smaller plume
particles disperse into orbits that make up the E ring. The ring
requires constant replenishing because its particles are only loosely
bound by gravity and escape after about 1,000 or so years of orbiting
Saturn, says Parkinson. If Enceladus weren't belching new ice
particles, the E ring would probably have vanished long ago. Lively
speculation the mix of short-chain organic compounds found in the
plumes, Parkinson and his colleagues say, suggests that if there is a
heat source beneath the surface of the moon, amino acids could have
been synthesized there.

TIGER TALES. Enceladus shows a pattern of roughly parallel


crevasses, dubbed tiger stripes, in the moon's south-polar latitudes.

109
The same internal heat source suggested to power Enceladus' geyser
might have created pockets of liquid water at the crevasses' bottoms,
which lie only about a half-kilometer below the moon's frigid surface.

Inside Enceladus, water moving through the rocky material near the
moon's core could have created iron-rich clays. Models indicate that
such clays could foster the formation of amino acids and even
bacteria, Parkinson says. Another source of these clays could be
micrometeorites, which deliver organic compounds and metals. The
micrometeorites would pound the surface and ultimately become
incorporated into deeper layers of the moon. Other features also
favor formation of biological materials, Parkinson notes. For
instance, spectra of the surface of the moon show several compounds
that could dissolve in water and trigger energy-releasing chemical
reactions. Known as redox reactions, they break down compounds by
taking away or adding electrons—reducing or oxidizing the
compounds respectively, in the chemical parlance. The rusting of
metal, which gives Mars its reddish color, is one example of an
oxidation reaction. The geothermal activity, liquid water, and redox
reactions "give favorable conditions for life on Enceladus," say
Parkinson. "These conditions are not duplicated anywhere in our
solar system [today] except our planet," he asserts. Mars might have
had flowing water at or just beneath its surface, but only in the distant
past. Titan is a frozen repository of chemicals that could become part
of a biological brew, but other conditions on that moon don't appear
to be favorable for making life. Some of the water from Europe’s vast
underground ocean could have oozed up through cracks in the
overlying ice, refrozen, and then reacted with charged particles from
surrounding space. However, Parkinson says, most of it would
remain isolated beneath a thick layer of ice. Without contact with an
atmosphere, redox reactions are unlikely to have occurred there.
Given these conditions elsewhere, Parkinson concludes, "Enceladus
is the most exciting object in the solar system for the search of extant
life." Some other scientists disagree. For Ralph Lorenz of the
University of Arizona in Tucson, Enceladus and Europa are mere
"side-shows" compared with the intriguing landscape and potential
lessons about the development of life offered by Titan. He says that
he's not all that impressed by the shallow "Perrier water" that
Enceladus may harbor. Although they have their favorites, Parkinson,
Lorenz, and other planetary scientists support explorations of all
three places. But with limited funding for space missions in general,
and astrobiology in particular, "everyone is protecting their own turf,"
says Parkinson. Hot debate Eighteen months ago, a probe carried by
Cassini landed on Titan, revealing a surprisingly earthlike terrain of

110
shorelines and river valleys. These had been sculpted not by water but
by liquid methane or ethane and by moving pebbles apparently
rounded by the flow of the same hydrocarbon. Heat stored and
gradually released by this mammoth moon, which is nearly as big as
Mercury, can account for the complex landscape, notes Jeff Kargel of
the University of Arizona in Tucson.

• MODEL BEHAVIOR. Schematic of how radioactive decay and


gravitational flexing could have created enough heat at the moon's
rocky core to produce reservoirs of liquid water under pressure
beneath the surface.

Enceladus, by contrast, remains an enigma. The moon is one of the


tiniest of Saturn's retinue of satellites that orbit the planet in the same
direction that the planet orbits the sun. Scientists had expected that a
moon this small in the frigid outer solar system would be an inactive
ball of ice and rock. Indeed, a similar-size Saturnian moon called
Mimas shows no geological activity. Yet Enceladus' plume flouts that
expectation. Researchers are debating what kind of heat source
powers the moon's geysers. Theorists generally agree that the energy
that generates enough heat to liquefy some of the moon's ice comes
from within the moon. In March, at NASA's annual astrobiology
meeting in Washington, D.C., Julie Castillo of NASA's JPL presented
one of the models for that energy. The key to Enceladus, her team
proposes, is that it has a relatively rocky, much larger core than the
inactive Mimas does. Coalescing about 3 million years after the birth
of the solar system, the rocky material began to undergo radioactive
decay, which generates heat. Short-lived radioisotopes, such as
aluminum-26, jump-started the heating. Once these isotopes decayed,
long-lived ones, such as uranium and thorium, took over and
produced enough heat to melt the core, the team suggests. A liquid
core can easily absorb energy from the gravitational stresses generated
by variations in the tug of a neighboring body. As Enceladus travels
on its oblong path, which the model suggests was even more
elongated in the past, the moon responds to variations in Saturn's
gravitational pull. This produces tidal forces that flex the core of the
moon and sustain its interior heat, even after the short-lived isotopes
have decayed. Tidal energy would keep the rocky core molten. Heat
transferred from the molten core to surrounding ice could then
liquefy water and produce a plume, Castillo's team says. Future search
while many scientists are enthusiastic about planning a mission to
Enceladus, they'll need much more information from Cassini, other
craft, and from ground-based telescopes, says Parkinson. Planetary
scientists want to determine whether the plumes are generated

111
steadily or sporadically. They also want to confirm hints in spectra
that there are compounds of biological significance, such as ammonia
and oxidants, on the moon's surface and to look for chlorophyll and
other harbingers of life. To encounter liquid water, a probe might not
have to descend to the bottom of the cracks. Data in hand indicate
that a mist of water may lie just 7 m down the vents. Cassini is
scheduled to fly past Enceladus in 2 years. "If a wet domain exists at
the bottom of Enceladus' icy crust ... Cassini may help to confirm it,"
says Kargel. But learning whether the moon hosts life is beyond
Cassini's ken, he adds. In the March 10 Science, he wrote, "Any life
that existed could not be luxuriant and would have to deal with low
temperatures, feeble metabolic energy, and perhaps a severe chemical
environment. Nevertheless, we cannot discount the possibility that
Enceladus might be life's distant outpost."

[Sources: Jeffrey S. Kargel Department of Hydrology and Water


Resources University of Arizona Tucson, AZ 85721Ralph Lorenz
University of Arizona Lunar and Planetary Laboratory Tucson, AZ
85721Dennis Matson’s Jet Propulsion Laboratory330 South Hill
Avenue Pasadena, CA 91106Chris Parkinson University of Michigan
Astronomy Department830 Dennison501 East University Avenue
Ann Arbor, MI 48109-1090Carolyn Porco Space Science
Institute3100 Marine Street, Suite A353Boulder, CO 80303-1058]

112
33 countries, including Sri Lanka
Face possible genocide, says report
Steven Edwards, Canwest News Service

UNITED NATIONS - Genocide and other mass atrocities are underway or


risk breaking out in at least 33 countries, says a new comprehensive watch
list slated for release Tuesday - the 60th anniversary of the United Nations
prevention of genocide convention. As reports indicate UN peacekeeping
efforts are in crisis amid dwindling contributions of both cash and well-
trained forces, the authors of the new study call for an international focus
on genocide prevention in countries they've identified.

Since the world pledged "never again" in the wake of the Holocaust,
Cambodia, Rwanda and Bosnia-Herzegovina are but three examples of
places where mass slaughter has occurred.

The list by the New York-based Genocide Prevention Project for the first
time combines the findings of five leading independent watch lists to create
a "watch list of watch lists."

"Red alert" countries include Afghanistan and Iraq alongside commonly


known regions currently experiencing genocidal conflict such as Sudan's
Darfur and the Democratic Republic of the Congo. These and Myanmar,
Pakistan, Somalia and Sri Lanka all made the list's top eight because they
appear in each of the five "expert" indexes.

The next 25 "orange alert" countries appear in at least three of the indexes
and include China, Colombia, Philippines and Indonesia as places where
ongoing or simmering violence could flare to genocidal proportions.

"It is possible to identify early indicators of mass atrocity crimes. But what
happens now is the international community sees what's going on, gets
paralyzed and, if it acts, really only acts after the fact," said Jill Savitt, project
executive director.

"You don't see assertive proactive diplomacy in the earliest possible


moments, when the bloodshed isn't widespread or before arms have come
into the region."

The report says prudent application of "carrots and sticks" - which it


describes as the panoply of economic, diplomatic and legal measures

113
available to nations and the UN Security Council - can result in "averting an
escalation of violence."

Savitt said what's been lacking in the past was "political will," but added that
may change because of a convergence of recent factors.

One is the stated determination of Susan Rice, U.S. president-elect Barrack


Obama's choice for U.S. ambassador to the UN, to prevent future genocides
after witnessing the after-effects of the 1994 Rwanda slaughter.

Another is current discussion around the 60th anniversary of the genocide


prevention convention, which calls on countries to prevent and punish
actions of genocide.

Finally, there is what Savitt called the public "guilt" over what occurred in
Rwanda and Bosnia, and what she additionally called public "hunger for a
response" to the Darfur crisis.

"There are things states can do like dispatching the highest-level envoy -
someone of great stature who can call (British Prime Minister Gordon
Brown's residence) 10 Downing Street, or the UN secretary general, or
President Obama," she said. "There are all kinds of penalties and
inducements, including trade and aid, membership in political bodies, or
expulsion from them. And even simple public criticism can work."

Still, many analysts agree the international community has long had difficulty
trying to change state behavior purely using sanctions or diplomatic
pressure.

Among countries in the project's list of 33, Iran, Myanmar, North Korea,
Somalia, Sudan and Zimbabwe all face varying UN or state sanctions aimed
at convincing them to obey the international will.

The list comes as Irwin Cotler, former justice minister and attorney general,
Monday released a petition calling on countries that have signed the
genocide convention to "hold Iran to account for its genocidal incitement."

"The enduring lesson of the Holocaust and that of the genocides that
followed is that they occurred not simply because of the machinery of death,
but because of the state-sanctioned incitement to hatred," Cotler said.

"In the case of Iran, there is no justification for inaction," he added, citing
statements by Iranian leaders calling for the destruction of Israel.

114
TAMIL DANCE BEFORE BHARATHA NATYAM
Posted by nandhivarman on May 23, 2007

Dr.Padma Subramaniam has been stressing that dance known as Bharatha


Natyam had its inception in Kashmir and Bharathar, a saint is its founder.
She had also successfully impressed upon the then Tamilnadu Chief
Minister to allocate 5 acres of land to construct a temple for
Bharathamunivar. This claim needs to be countered and some scholars have
done it. Pulavar K.Subramanian, President of Bangalore Tamil Sangam
wrote in a Tamil literary monthly Thelitamizh [18.10.2003] that in the
Arangetru Kathai of Tamil epic Silapathigaram it is stated that Madhavi learnt
“Naatiya Nannool”, which proves Tamils had their own original books on
Dance.

Dr.R.Madhivanan raised a pertinent question in the literary monthly


Thelitamizh in which he asked” Who is the father of Dancing Art?
Bharathar? Or Avinayar? [15.3.2006] .According to Madhivanan,
Sivaperuman had performed the 108 thandavas of dancing art. As per the
request of Brahma, Lord Siva taught dance to a Saint called “Thandu”.
Thandu taught to Bharathamunivar, who in turn wrote “Natyasastra” in
Sanskrit, says puranas. Madhivanan argues that if Thandu had taught dance
to Bharathamunivar, temple should be constructed to Thandu and not
Bharathar.

Tamilnadu then Chief Minister J.J had admitted in the floor of Tamilnadu
assembly that dancing art originated from Tamilnadu. But the Brahminical
Chief Minister was not aware that there existed a Tamil book for dance
which is known as Avinayam written by Avinayar. Koothar, viraliyar, kodiyar,
vayiriyar, paanar were the group of people who were practicing and
propagating dance much before the Sangam age. The Natya sastra of
Bharathamunivar is just the translation of the Natya nannool mentioned by
Ilangoadigal, author of Tamil epic Silapathigaram. Bharathar’s book is not
original one. Though the Avinayam of Tholkappiyar’s days is not available
today, during Sangam period Sathanar’s Koothanool , Arivanar’s Panjamarabu,
Mathivanar’s Nadakatamizh were following the tradition of Avinayar’s
Naatiya Nannool.

It is acknowledged in literary sources that along with Tholkappiyar, Avinayar


was also one among the 12 disciples of Agathiar. Bharathamunivar belongs
to 4 th or 5 th century, the days of Pallava rule. Hence by time he lags
behind Avinayar. Hence it will be appropriate to build temple only for
Avinayar and not Bharathamunivar, Dr.R.Madhivanan wrote.

115
Dravida Peravai appeals to Tamil scholars particularly to Eelam Tamil
women who are spreading the Tamil dance tradition across the continents
to clearly correct the distortion in history and state that Tamil dance must be
renamed as Avinayam, and Bharatha natyam originated from Kashmir is not
the first to originate but a borrowed version of Tamil dance.

N.Nandhivarman General Secretary Dravida Peravai

This entry was posted on May 23, 2007 at 12:46 pm

116
GOD FATHERS OF GENOCIDE
KARADZIC IN EUROPE: RAJAPAKSHE IN ASIA
By ALEKSANDAR HEMON in
Published: July 27, 2008 Chicago

Oct. 14, 1991, Radovan Karadzic spoke at a session of the Bosnian-


Herzegovina Parliament, which had been debating a referendum on
independence from the rump Yugoslavia. Mr. Karadzic was there to warn
the Parliament members against following the Slovenes and Croats, who had
broken away earlier that year, down “the highway of hell and suffering.”

He thundered, “Do not think you will not lead Bosnia and Herzegovina into
hell and the Muslim people into possible annihilation, as the Muslim people
cannot defend themselves in case of war here.” Throughout his tirade, he
clutched the lectern edges, as though about to hurl it at his audience, but
then let go of it to stab the air with his forefinger at the word “annihilation.”
The Bosnian president, Alija Izetbegovic, a Muslim, was visibly distressed.

It was a spectacular, if blood-curdling, performance. Mr. Karadzic, who was


arrested last week after 13 years in hiding, was then president of the hard-
line nationalist Serbian Democratic Party, which already controlled the parts
of Bosnia that had a Serbian majority, but he was not a member of the
Parliament, nor did he hold any elective office. His very presence rendered
the Parliament weak and unimportant; backed by the Serb-dominated
Yugoslav People’s Army; he spoke from the position of unimpeachable
power over the life and death of the people the Parliament represented.

Watching the news broadcast covering the session, neither my parents nor I
could initially comprehend what he meant by “annihilation.” For a moment
or two we groped for a milder, less terrifying interpretation — perhaps he
meant “historical irrelevance”? For what he was saying was well outside the
scope of our middling imagination, well beyond the habits of normalcy we
desperately clung to as war loomed over our irrelevant lives.

Then I understood that he was wagging the stick of genocide at the Bosnian
Muslims, while the unappetizing carrot was their bare survival. “Don’t make
me do it,” he was essentially saying. “I will be at home in the hell I create for
you.”

The Parliament eventually decided a referendum was the way to go. It took
place in February 1992; the Serbs boycotted it while the majority of
Bosnians voted for independence. In March, there were barricades on the

117
streets of Sarajevo and shooting in the mountains surrounding it. In April,
Mr. Karadzic’s snipers aimed at a peaceful antiwar demonstration in front of
the Parliament building, and two women were killed. On May 2, Sarajevo
was cut off from the world and the longest siege in modern history began.
By the end of the summer, nearly every front page in the world had
published a picture from a Serbian death camp. And so it would go for far
too long.

There is little doubt, of course, that Mr. Karadzic would have happily sped
down the hell-and-suffering highway regardless of the outcome of the
parliamentary session. The annihilation machine was already reviving;
everything had already been put in place for genocide, whose purpose was
not only the destruction and displacement of Bosnian Muslims but also the
irreversible unification of the Serbs and their ethnically pure lands into a
Greater Serbia. I wondered later why he staged that performance before the
Parliament, since peace and coexistence were never a possibility for him.
Why did he bother?

The point of that performance, I eventually concluded, was the performance


itself. Unbeknownst to most of us interested in peaceful coexistence, the
war in Bosnia had already started and Mr. Karadzic was already cast in the
role he would perform throughout the war, up until his 1996 ouster from
the Serbian political leadership and his subsequent new life on the run. His
performance was far less for the beleaguered Bosnian Parliament than for
the patriotic Serbs watching the broadcast, ready to embark upon an epic
project that would require sacrifice, murder and ethnic cleansing. Mr.
Karadzic was showing to his people that he was a tough and determined
leader, yet neither unwise nor unreasonable. He was indicating that war
would not be a rash decision on his part, while he was capable of
recognizing the inevitable necessity of genocide. If there was a job to be
done, he was going to do it unflinchingly and ruthlessly. He was the leader
who was going to lead them through the hell of murder to the land where
honor and salvation awaited.

The model for Mr. Karadzic’s role as leader was provided by Peter Petrovic
Njegos’s epic poem “The Mountain Wreath” (“Gorski vijenac”). Published
in 1847, it is deeply embedded in the tradition of Serbian epic poetry and is a
foundational text of Serbian cultural nationalism. Set at the end of the 17th
century, its central character is Vladika Danilo, the bishop and the sovereign
of Montenegro, the only Serbian territory unconquered at the time by the
powerful and all-encroaching Ottoman Empire. Vladika Danilo has a
problem: some Montenegrin Serbs have converted to Islam. For him, they
are the fifth column of the Turks, a people who could never be trusted, a
permanent threat to the freedom and sovereignty of the Serbs.

118
He summons a council to help him determine the solution. He listens to the
advice of his bloodthirsty warriors: “Without suffering no song is sung,”
one of them says. “Without suffering no saber is forged.” He listens to a
delegation of Muslims pleading for peace and coexistence, who are instead
offered the chance to save their heads by converting back to “the faith of
their forefathers.” He speaks of freedom and the difficult decisions it
requires: “The wolf is entitled to a sheep/much like a tyrant to a feeble man.
/But to stomp the neck of tyranny/to lead it to the righteous knowledge/
that is man’s most sacred duty.”

In the lines familiar to nearly every Serbian child and adult, Vladika Danilo
recognizes that the total, ruthless extermination of the Muslims is the only
way: “Let there be endless struggle,” he says. “Let there be what cannot be.”
He will lead his people through the hell of murder and onward to honor and
salvation: “On the grave flowers will grow/ for a distant future generation.”

Mr. Karadzic was intimately familiar with Serbian epic poetry. A skillful
player of the gusle, a single-string fiddle traditionally accompanying the oral
performance of epic poems, he clearly understood his role in the light cast
by Vladika Danilo. He recognized himself in the martyrdom of leadership;
he believed that he was the one to finish the job that Vladika Danilo started;
he saw himself as the hero in an epic poem that would be sung by a distant
future generation.

Indeed, while in hiding in Belgrade in recent years, Mr. Karadzic frequented


a bar where there were weekly gusle-accompanied performances of Serbian
epic poetry, where wartime pictures of him and Gen. Ratko Mladic, the
Bosnian Serbs’ military leader, proudly hung on the wall. A Belgrade
newspaper claimed that on at least one occasion Mr. Karadzic, undercover
as a New Age charlatan, recited an epic poem in which he himself featured
as the main hero, performing epic feats of extermination.

The tragic, heartbreaking irony of it all is that Mr. Karadzic played out his
historical role in less than 10 years. In the flash of his infernal pan
hundreds of thousands died, millions were displaced, untold numbers
paid in unspeakable pain for his induction into the pantheon of
Serbian epic poetry.

Before he became the leader of Bosnian Serbs and after he was forced out
by his supporter and fellow nationalist, President Slobodan Milosevic of
Serbia, in the wake of the Dayton peace accord, Mr. Karadzic was a prosaic
nobody. A mediocre psychiatrist, a minor poet and a petty embezzler before
the war, at the time of his arrest he was a grotesque mountebank. It was

119
only during the war, on a blood-soaked stage, that he could fully develop his
inhuman potential. His true and only home was the hell he created for
others.

Which is why, after the initial exhilaration, many Bosnians find Mr.
Karadzic’s arrest less satisfying than one would expect. Though he might
spend the rest of his life in the comfortable dungeons of the Western
European prison system, he will live eternally in the verses of decasyllabic
meter written by those for whom the demolition of Bosnia was but material
for the grand epic poetry of Serb hood.

Bosnians know he should have been booed and run off the stage at the peak
of his performance. He should have been seen for what he really was: a
thuggish puppet whose head was bloated with delusions of grandeur.
He should have let us live outside his epic fantasies. Justice is good, but a
peaceful life would have been much better.

[Aleksandar Hemon is the author, most recently, of “The Lazarus


Project,” a novel.]

History must teach lessons so that past mistakes are not repeated, yet some
fanatics fail to learn from history, and pursue the path of genocide. For
those like Mahinda Rajapakshe the same end awaits, to be on run, to live life
on exile, to be caught guilty of genocide.

N.Nandhivarman, General Secretary Dravid Peravai

120
SANE VOICE FROM SINAHALESE LEFT
It will be nonsense to think of eradicating the LTTE, writes
Vickramabahu Karunaratne in a recent article highlighting the need
for alternative thinking. "In the case of the LTTE, it represents the
real anger of the Tamil people against discrimination, humiliation
and oppression by Sinhala chauvinism. [...] It was and is wrong to the
hilt in hating Tamil society for its demand for equality and self-
determination. [...] All global capitalist powers including India will be
forced to repent in time to come for their aggressive participation in
human suffering of this order. [...] The LTTE cannot be blamed for
not surrendering to the Sinhala army of the chauvinist regime," he
writes.

Full text of the article by Dr. Vickrmabahu Karunaratne, general secretary of


the NSSP and the president of the Left Front in Sri Lanka, follows:

Vickramabahu Karunaratne

The government, while discarding all appeals for a ceasefire is hell bent on
finishing the LTTE. The LTTE cannot be finished as it is a movement in
the hearts and minds of the Tamil people. It represents the strongest
commitment to the Tamil right to self determination and Tamil freedom.
Even those who disagree with the LTTE`s violent methods or with its
political programme for Tamil liberation, still hail it as the most formidable
opposition to Sinhala repression. So, it will be nonsense to think of
eradicating the LTTE. UNP leaders led by the then defence minister
thought of finishing the JVP by eliminating over fifty-thousand JVP
suspects with the leadership. It is claimed that Wijeweera was burnt alive by
a military group. But today modern dissidents of Wijeweera and other JVP
leaders virtually run the government of Mahinda. The ghost of Wijeweera is
behind the president at all times. Champika Ranawaka and Wimal
Weerawansa today, represent the last political message of the Deshapremi
Janatha Viyaparaya, the brainchild of Wijeweera. In that sense both

121
Champika and Wimal are legitimate political children of Wijeweera. The
rump JVP is left in the ditch without being able to go along with these two.
It does not represent the JVP past or present. While howling for a better
war it is barking at the government for repression!

So we can count it out. But the real JVP represented by the chauvinist duo,
Champika and Wimal, is doing great. So, the dream of the UNP leaders to
eliminate the JVP has not been fulfilled.Similarly the dream of Mahinda to
eliminate the LTTE by brutal repression of all who are associated with the
LTTE will be a void in the coming period. In the case of the LTTE, it
represents the real anger of the Tamil people against discrimination,
humiliation and oppression by Sinhala chauvinism. The JVP was correct to
an extent. It protested about oppression of Sinhala society by the Anglo-
Saxon Western upper classes. But it was and is wrong to the hilt in hating
Tamil society for its demand for equality and self determination.

Strangely enough it is the wrong side of the JVP that is flourishing today
both inside and outside of the government. However the anger of the Tamil
people over the ruthless attacks made by both the state and the pogroms
cannot be dispersed by decimating the LTTE. The latter will enhance the
hard feelings within Tamil society. It will pour out in the future not only in
Lanka but also in India as a gigantic Dravidian movement.

Already unknown to many, a demon is haunting India it is the demon of


neo Brahmanism. This resurgence of Brahmanism is less connected to
Hindu self assertion but more to the rise of global capital. The crisis in
global capital is demanding a massive human sacrifice as in the previous
global capitalist setback. After the economic crash in 1929, the capitalist
system faced a massive crisis. Then the rise of Nazism and Hitler was for a
purpose. Freud says in human history every crisis has demanded a human
sacrifice and massive bloodletting. Maybe the rise of neo Brahmanism in
India is the new ideology necessary for human sacrifice that may come, if
the liberation of mankind does not take place in time! The rise of the
Dravidians will be one of the most important challenges to the designs of
neo Brahmanism. Taking the rule of Freud seriously one could say that the
sacrifice made by the Tamils today is for the victory that will come in the
future against neo Aryan Brahmanism. Of course I am just speculating, but
the truth is that Tamil consciousness in the world has expanded due to the
repressive war of the Mahinda regime. All global capitalist powers including
India will be forced to repent in time to come for their aggressive
participation in human suffering of this order. The LTTE cannot be blamed
for not surrendering to the Sinhala army of the chauvinist regime.

122
If thousands die due to the attacks of the army the blame will squarely fall
on the government and its masters. America, India and others shed
crocodile tears about the massive human tragedy after doing everything
possible to repress the Tamil speaking people. It is sad to watch the UNP
and other so-called liberals happily waiting to see the effect of the tragedy
on the government. There is no attempt to press for a ceasefire. In effect
they give their support to the aggressive war efforts of the government. In
this scenario there is no other way out except the programme of the Left.

123
SKELETONS OF TSUNAMI
Hon’ble Prime Minister of India Thiru.Manmohan Singh 11.3.2008

Hon’ble President of Indian National Congress Mrs. Sonia Gandhi

Respected Prime Minister and Congress President

Subject: The hidden skeletons of Tsunami in Rangasamy’s cupboard


regarding

The Chief Minister N.Rangasamy with one point agenda to nurse his
constituency alone neglecting all other 29 constituencies but careful
to keep opposition legislators personally in good humour is an
electoral liability to your party, and you must know in past the neglect
of Karaikal region, a Congress bastion saw complete rout of all the 4
legislators of Congress, just because Karaikal Union Territory
Struggle Group for which I happen to be the Honorary President
brought out just 1000 pamphlets listing out the total neglect, which
the opponent candidates of Congress printed up to 69,000 pamphlets
and defeated all 4 Congress M.L.A.’s. When our party two weeks ago
put up posters saying Neglecting the jobless youth of 29
constituencies and catering only to Thattanchavady youth, Rangasamy
who failed in neutrality must resign; he was panicky, ordered his men
to tear all posters within hours of appearance. The writing on the wall
in Karaikal, you ignored and your party is washed away there. By
shielding Rangasamy if you want to end Congress rule here, we wish
that it happens.

A delegation of fishermen associations met you just recently and


complained against Tsunami Relief malpractices and the Mr. Un
Clean had rushed to New Delhi to white wash his sins; of course he
will end in washing dirty linen. His government is scared to even
divulge just how much money came for Tsunami Relief and how

124
much was spent in Karaikal. Let me narrate the two year struggle of a
77 year old consumer activist.

Kottucherry Nugarvor Pathukappu Kuzhu under Right to


Information Act sought details of how much funds came from
Government of Puducherry, Government of India, and NGOs in
between 27.12.2004 and 31.12.2005 from District Deputy Collector
Karaikal on 3.08.2006.The Deputy Collector Revenue in his reply
dated 03.08.2006 had left the column financial allotment blank but
had furnished details for the column disbursement to some
departments but had provided both information for some
departments. On 21.09.2006 Kottucherry Nugarvor Pathukappu
Kuzhu appealed to Public Information Officer, Puducherry for
details. In the appeal it was pointed out that the allocation of funds is
20, 63.49,538 crore but expenses are 33, 53, 22,446 crore rupees. It
also states as per newspaper reports Union Government had given
257 crores, out of which how much came to most badly affected
Karaikal region.Since no response was received within 30 days on
10.11.2006 Kottucherry Nugarvor Pathukappu Kuzhu appealed to
Secretary to Government cum Public Information Officer.

State Information Commission issued summons for personal


appearance on 16.05.2007 and same day passed orders stating that
even after 6 months the application had not been replied and issued
summon to appear in person on 11.06.2007 before State Information
Commission in second appeal matter was issued on 30.05.2007.The
Office of Additional Secretary Revenue in reply dated 8.6.2007
informs that appeal is not maintainable.

On 16.06.2007 Kottucherry Nugarvor Pathukappu Kuzhu replied


and sent another letter asking for T.A/D.A under rule 19[8] [b] of
RIA 2005.State Information Commission issues summons dated
08.07.2007 for personal appearance on 06.08.2007.On 31.10.2007
Kottucherry Nugarvor Pathukappu Kuzhu makes Application under
rule 6[1] of Right to Information to Chief Information Commission,
New Delhi. The Chief Information Commission returns application
as it was not in proper format.Kottucherry Nugarvor Pathukappu
Kuzhu writes on 29.01.2008 to Joint Secretary /Addl Registrar
Central Information Commission. On 30.01.2008 Central
Information Commission writes to Public Information Officer,
Puducherry to offer his comments, marking copy to the applicant.
Since no reply is made on 28.02.2008 Kottucherry Nugarvor
Pathukappu Kuzhu writes to Joint Secretary Central Information
Commission. The Additional Secretary Revenue G.Thevaneethi

125
Dhass replies to Joint Secretary Central Information Commission
marking copy on 28.02.2008.Kottucherry Nugarvor Padhukappu
Kuzhu again writes to Joint Secretary Central Information
Commission stating within stipulated time reply had not been made.
Further the crux of the issue is the question how much funds from
Government of India/Government of Puducherry and NGOs came
to Karaikal remains without answer after 2 year struggle by a 77 year
old senior citizen.

This proves Tsunami scandal has taken place and Government has to
hide simple facts. Hence our party urges for a CBI enquiry into the
Tsunami fraud that had made selective few millionaires overnight
here due to their proximity with the key player in power.

With Regards

Yours sincerely

30.01.2008 Central Information Commission writes to Public


Information Officer, Puducherry to offer his comments, marking
copy to the applicant. Since no reply is made on 28.02.2008
Kottucherry Nugarvor Pathukappu Kuzhu writes to Joint Secretary
Central Information Commission. The Additional Secretary Revenue
G.Thevaneethi Dhass replies to Joint Secretary Central Information
Commission marking copy on 28.02.2008.Kottucherry Nugarvor
Padhukappu Kuzhu again writes to Joint Secretary Central
Information Commission stating within stipulated time reply had not
been made. Further the crux of the issue is the question how much
funds from Government of India/Government of Puducherry and
NGOs came to Karaikal remains without answer after 2 year struggle
by a 77 year old senior citizen.

This proves Tsunami scandal has taken place and Government has to
hide simple facts. Hence our party urges for a CBI enquiry into the
Tsunami fraud that had made selective few millionaires overnight
here due to their proximity with the key player in power.

With Regards

Yours sincerely N.Nandhivarman General Secretary Dravida Peravai

Copy to: Comrade George Fernandes Convener NDA by fax.

126
OATH OF SECRECY VIOLATION
His Excellency The Lt. Governor of Puducherry 8.03.2008
Copy to: Hon’ble Home Minister of India

Respected Thiru.Mukut Mithi

Our party had given you a memorandum on February 13 th urging you to


send report to the Union Government on failure of Constitution of India
here in view of Hon’ble Chief Minister bypassing Cabinet and taking
unilateral decisions, highlighted in public media exchanges on medical
college affair .Our party again had sent memorandums on 28 th February
2008 to Hon’ble Prime Minister of India, marking copies to Hon’ble Home
Minister of India and all his cabinet colleagues ,charging the Chief Minister
by violating the Oath of Secrecy when he publicly attacked Chief Secretary
through media, and where he violated Official Secrets Act by showing
official files/notings to large number of agitating students. Again we are
compelled by times to bring to your notice about a recent Supreme Court
judgment dated 4 th March 2008, wherein every word in that judgment
stands applicable to the prevailing situation in Puducherry.

[The decisions taken unilaterally by Chief Minister without Cabinet approval


had been declared unconstitutional. The essential part of the judgment
which is applicable to Puducherry situation is reproduced here below in
italics]
Ref: SC CASE NO.: Appeal (civil) 1732 of 2008 Petitioner: Pancham
Chand and others Respondent: State of Himachal Pradesh and others Date
of Judgment 4/03//2008 BENCH: S.B. SINHA & V.S.
SIRPURKAR:]

17. The Act is a self contained Code. All the authorities mentioned therein are
statutory authorities. They are bound by the provisions of the Act. They
must act within the four corners thereof. The State, although, have a general
control but such control must be exercised strictly in terms of Article 162 of
the Constitution of India. Having regard to the nature and the manner of the
control specified therein, it may lay down a policy. Statutory authorities are
bound to act in terms thereof, but per se the same does not authorize any
Minister including the Chief Minister to Act in derogation of the statutory
provisions. Constitution of India does not envisage functioning
of the Government through the Chief Minister alone. It
speaks of Council of Ministers. The duties or functions of
the Council of Ministers are ordinarily governed by the
provisions contained in the Rules of Business framed under
Article 166 of the Constitution of India. All governmental

127
orders must comply with the requirements of a statute as
also the constitutional provisions. Our Constitution
envisages a rule of law and not rule of men. It recognizes
that, how so ever high one may be, he is under law and the
Constitution. All the constitutional functionaries must,
therefore, function within the constitutional limits
The matter is serious. Public have right to expect that Government here
functions in accordance with Constitution, otherwise the last resort will
have to be Supreme Court of India. We hope you will act in accordance
with Constitution and ensure rule here is in accordance with recent
Supreme Court judgment.

N.Nandhivarman
General Secretary

[COPY FAXED TO ALL MEDIA IN CHENNAI AND NEW DELHI]

128
TSUNAMI SCAM:
COMPLAINT TO PARLIAMENT
The Chairman on the Sub Committee of Tsunami Relief under
Parliamentary Standing Committee of Ministry of Home
Affairs, Government of India, Mr.V.Narayanaswamy

Dated 8 th January 2008

" During your visit here in your official duty exercising the
representative character of the highest and supreme law
enacting body of India, which is also the custodian of Indian
people, namely the Indian Parliament, we the political party
which plays the responsible role of Opposition here, are
presenting our complaint against the Chief Minister of
Puducherry N.Rangaswamy who had also subverted the powers
of his office to create a Princely state of Thathanchavady. It is
an underground movement launched by the Chief Minister with
the connivance of former Chief Secretary Khairwal, who might
become the Diwan of the Princely state once it declares the
unilateral declaration of independence seceding from the Union
Territory of Puducherry.”

1.In media you and the Leader of the PMK group in Parliament
Professor M.Ramdass have been cautioning against the path of

129
bankruptcy in which Puducherry government had been slipping
down, but your voices have been unheard, where it must have
evoked due response. The Comptroller ad Audit General of
India, deputes his regional commanders to audit the accounts
of this union territory and they have been doing their work not
to the satisfaction of the general public. Though we wont say
they failed miserably we must point out that there is an urgent
need to depute a high level audit committee drawn from central
pool to audit the already audited accounts of the Union
Territory of Puducherry since 2001 till date coinciding with the
tenure of current Chief Minister N.Rangaswamy.

Hence we appeal through this sub committee and through


Parliament to direct the Comptroller and Audit General of India
to institute a high level audit committee for Puducherry. In
mundane words it is similar for asking CBI enquiry having lost
faith in local police. Let us examine even whatever little that has
been detected by the Audit.

The extract from the Audit Report of Puducherry for the year
2005-06

Tsunami Relief, Rehabilitation and Reconstruction

The Tsunami of December 2004 damaged 33 villages in the


Union Territory of Puducherry. The Government provided
assistance in cash and kind to the affected families. There was
no comprehensive action plan to utilize funds received from
Government of India.

There were deficiencies in identification of beneficiaries for


immediate relief and rehabilitation of Tsunami affected people.
Assistance for repair/replacement of fishing crafts was delayed
by 4 to 17 months after the calamity. Considerable delay was
also noticed in reconstruction activities. Consequently, out of
7,567 families who were to be resettled by way of shifting to
houses constructed for them, only 100 were resettled as of
November 2006. Monitoring of the implementation was poor.
(Paragraph 3.1)

2. Dravida Peravai had been sending representations time again


and we are enclosing two petitions, which includes materials
that will fall under the purview of the sub committee headed by
you. First is our memorandum dated 30.10.2006 addressed to

130
the Rastrapathi and Prime Minister of India and to all Cabinet
Ministers of the Union Cabinet, faxed and mailed to all of them
in one go to open the eyes of the Union Government over the
various commissions and omissions of the Chief Minister
N.Rangaswamy.

Dravida Peravai, registered political party active in the Union


Territory of Puducherry for more than a decade and which had
fought many battles for just causes, with anguish brings to your
notice the autocratic behavior of Puducherry Chief Minister
Hon'ble N.Rangasamy, as if he is ruling a princely state in
colonial era. Behind the guise of appearance of innocence and
the mask of simplicity remains the hidden the real man with no
vision for the state and no plans to make a better future for our
people.

You may be aware that the people of Karaikal, an enclave of


Puducherry, which sends 6 legislators to the U.T.Assembly,
routed all the 4 Congress candidates in the last assembly polls,
with 2 DMK legislators escaping defeat by few votes. The
people of Karaikal had been nursing a legitimate long-standing
grievance that the Chief Minister's constituency garners all jobs
and all developments take place only in his constituency.
Karaikal Struggle Group was formed by Dravida Peravai, which
spearheads the separate Union Territory demand for Karaikal.
The voicing of this demand and peoples support for the
demand is due to the one and only reason that all development
goes to the Chief Minister's constituency only.

Now in the main enclave of Puducherry, which sends 20


legislators, there is a growing perception that 19 constituencies
are neglected with only one getting undue share in the overall
development. Let me explain how the nepotism takes shape.
There are established canons of law and laid down in procedure
about the implementation of schemes with financial
implications. You may be aware that postings of Indian
Administrative Officers at the control of Puducherry
Government have 4 exceptions. Chief Secretary, Development
Commissioner, Secretary Finance and Law Secretary are always
under the posting control of Home Ministry. Other Secretaries
are placed under the disposal of the UT Government. Whereas
in Puducherry for quite sometime especially from the period of
Hon'ble N.Rangasamy, these norms have been given a go by.
For this the Former Chief Secretary was totally responsible

131
colluding with the Chief Minister to float all established norms
of good governance. The nexus between then Chief Minister
and Chief Secretary who finds place in CVC archives, made the
subordinate bureaucrats to behave as yes men and to go scot-
free and violating all procedures in files and proposals.

For example on the following: 1.Puducherry Special Economic


Zone 2.Procurement of Rice for Free Distribution 3.
Recruitment of daily rated staff 4. Tsunami Fund Non-
Distribution

Special Economic Zone: The SEZ scheme has been earmarked


with PIPDIC. The Hon'ble CM formed a Public Limited
Company called Pondicherry SEZ Company Limited in which
PIPDIC has got 26 % share. for that 26 % Puducherry
Government had acquired 360 acres of agricultural land,
remaining 74 % shares has been allotted to Messrs Kothari and
Messrs Metal whereas both companies are not investing any
physical investment. Now the Government is trying to transfer
the acquired land from PIPDIC to the Puducheery Sez Co Ltd
without following any procedures. The present Chief Secretary
had not approved the proposal for the simple reason the non-
investment of the shareholders will ultimately end in real estate
business.

Lands acquired for a specific purpose by are diverted to real


estate business, which is our charge, for which we want you to
initiate a probe or call for papers.

Rice Scandal: Puducherry Government is getting annually 3


lakhs tons of rice at the cost of Rs 2.50 from the FCI under PDS
system. This rice was used to distribute among the marginal
income holders for a subsidized rate and during natural
calamity period with free of cost from the fund of local bodies.
This has been covering roughly 1.8 lakh cardholders. Whereas
the CM very recently declared to supply rice to all the
cardholders of Pudiucherry be it rich or poor. This scheme
covers 3.5 lakh cardholders of this U.T with 10 kilos each. For
this Govt procured about 3 lakh tons rice from open market at
Rs 8 per kg. And also they have not utilized the FCI allocations
for reasons best known to them. The financial implication has
been credited from Social Welfare Department fund for which
they have not obtained prior sanction from GOI. The Govt has
not followed any system for the purchase of this huge quantity

132
of rice. The suppliers are close associates of CM and involve
huge kick back.

The undistributed rice had been recycled once again as if it had


been procured fresh.

Jobs to One Constituency: The CM recruited not less than


10,000 people from his constituency without following any
norms. And these recruitments have taken place by adopting
token system. Majority of them are either non-puducherian or
migrated relatives of the CM. There was a writ petition in the
HC of Madras in this regard and the order of the HC
suspending these appointments has been thrown into the
dustbin.

Tsunami Swindle: Govt of India as well as voluntary agencies


have allocated huge crores of rupees under the Tsunami
Rehabilitation. This fund was under the direct supervision of
the CM and he spent it without any norms with even as cash
transactions and the same has not yet been audited.

No houses were built to the fishermen who faced the fury of


Nature. Dravida Peravai urges you to direct a high level probe
on the Tsunami swindle here and to unravel the truth.

Port Scandal: Having wasted crores and crores for the so-called
Port development, the Government of Puducherry had given it
on a platter to a Private Hotel.

These methods planned with pre-thought aims at spending


public money to develop infrastructure then pass it to private
for paltry pittance depriving the State Exchequer revenue on its
expenditure in infrastructure thereby diverting and piling
mountains of money in their hidden troves of the
Thattanchavadi princely state.

This may sound an unusual request. In a democracy how can a


duly elected Chief Minister be removed by a titular head of the
State, eyebrows may raise. Unprecedented autocratic
governance warrants unforeseen strong remedial reactions.
Further you, the President of India, directly administer a Union
Territory and you have the right to intervene.

Dravida Peravai, a party of Periyarites who never aspire power


urges you to direct all the intelligence agencies in the command

133
of the Union Government to shadow one night the Chief
Minister on his weekly travels to pleasure destinations and to
report truth to the Union Cabinet to form the basis of suitable
action apart from the charges listed above.

The second enclosure will be a petition dated 4 th Feb 2007 sent


to the President of India, Prime Minister of India and
Comptroller and Audit General of India, marking copies to the
Lt.Governor and Chief Secretary.

Subject: Urgent pre-emptive measures sought to halt the


Tsunami Swindle of Thiru.N.Rangasamy Government and
violation of Central guidelines regarding

Nowhere in India will democracy be replaced by lootocracy,


and nowhere in India all parties in the assembly will be one
party to loot public exchequer. Puducherry being tiny territory
could have been administered in much efficient way and with a
vision for development. But here the Chief Minister
N.Rangasamy has acquired mafia culture and is dividing the
spoils of the system to all parties represented in the assembly.
Hence people's woes could not be echoed due to legislator's
dancing to the tunes of the paymaster. This may sound as wild
allegation and even breach of privilege could arise over my
remarks. But I don't want the breach of good governance to go
unchecked. I don't want the breach of the constitutional
mechanism to accountability be mocked at with immunity. I
don't want, in the absence of right to recall, elected
representatives stabbing the people's expectations behind their
back, in order to amass ill-gotten wealth.

The Hon'ble Home Minister of India Mr.Shivraj Patil visited


Puducherry and what instructions he gave is known to all in this
Administration, more particularly the Chief Minister of
Puducherry. If I had to remind for the sake of refreshing the
memory of Hon'ble Home Minister of India, I must humbly
state that he strictly told that only for projects funds should be
spent and in no case ex- gratia payment should be made.
Tsunami did not strike yesterday or few days before Home
Minister visited Puducherry in 2007. People are not marooned
and no urgency exists to hand over cash to the tsunami victims,
that too in 2007 February, after a long gap of time for a tsunami
that hit on 26 th December of 2004.

134
Few days ago a meeting to Review Tsunami Relief was
conducted in the Secretariat of the Pondicherry, wherein almost
all Members of the Legislature, in stage-managed operation
tutored by the Chief Minister had demanded cash payments to
be made through them to whomsoever they identify as tsunami
victim. This is gross violation. This is daylight robbery. This is
open swindle of public money. This is to openly defy the Union
Home Minister's directions that only for specific purpose and
that too only for projects and schemes moneys should be spent.
This is using public money to buy the silence of all the
legislative members, and to deny the people of respective
constituencies their legitimate right to be heard through their
representatives. This is seducing all parties and making them
corrupt. This is bypassing the administration and to establish
parallel administration. This is prelude to convert Puducherry
into a princely state, where the King can dispose moneys as he
wishes, without having any due respect to the Comptroller and
Auditor General of India. This is to run Puducherry as feudal
state and not as a union territory accountable to Center.

Dravida Peravai, a party that plays the opposition role in all


crises in the decade of its existence, once again sounds the
alarm bell. Dravida Peravai prays for the Comptroller and
Auditor General to intervene immediately to stall the proposed
loot. Dravida Peravai appeals to the Union Government to stop
the plunder with immediate effect.

In the book published by Union Government on the


achievements of Union Territory under UPA government two
important observations need to be mentioned. Rajiv Gandhi
Package of assistance for Tsunami Affected Persons: Assistance
of Rs 155 crore was approved under the package for providing
immediate relief such as ex gratia payment, temporary housing,
and assistance for fishermen etc. Will the Government of India
bring out a White paper on how this money was spent in
Puducherry? When Tsunami struck Karaikal region and
Nagapattinam of Tamilnadu, the most of the moneys should
have gone there. But it never went. Under the Right to
Information Act, an activist of Consumer Forum in Karaikal
had been asking for the quantum of money received by
government for tsunami and how it was spent. All authorities as
per the hierarchy that is fixed to answer questions under Right
to Information act had given only expenses figures; never had
they given the figures of the amount received. Is it a state

135
secret? Mr.Nallusamy, the senior citizen of the Consumer
Forum is tirelessly knocking the doors after one after one office,
till about Karaikal region everything remains shrouded in
secrecy.

The same book brought out by Press Information Bureau


claims: Permanent Shelters for Tsunami Affected persons: A
World Bank assisted Project for providing permanent shelters
and livelihood programmes for tsunami affected people of
Puducherry is under implementation, with an outlay of Rs158
crore. It is envisaged that 8,125 permanent houses will be built
in Puducherry with substantial contributions from NGO's in
the effort.

While Union Government publication makes tall claims being


misled by N.Rangasamy government, The Center for Fisher
folk's Empowerment in a representation to Union Home
Minister dated 20.01.2007 states: "In Puducherry region there
are 15 fishing villages. Out of this, the N.Rangasamy
Government has taken steps to build houses only in 5 villages
even after a lapse of 2 years that too with the funds provided by
NGO's and Government of Maharashtra. The total number of
houses needed for these 15 villages are 7350, but the
N.Rangasamy Government proposes to build only 4074 houses,
whereas the Press Information Bureau publication claims 8125
houses are to be built. Who is fooling whom? Whether the
Center is being fooled by N.Rangasamy Government to extract
money from World Bank for 8125 houses but actually planning
to construct only 4074 houses, thereby trying to loot the
balance. ? It is for you to read in between the lines, the famous
phrase of Kuldip Nayyar.

Hence the most affected Karaikal region wants to separate itself


from this misrule. That is why Union Territory status is being
sought by Karaikal enclave of Puducherry separated by 160
kilometers from the Capital Puducherry.

Apart from these memorandums wherein we have dealt with


the Tsunami swindle by the Maharaja of Thattanchavady in
waiting but currently holding Chief Minister's chair of this
Union Territory, the Karaikal District unit of Dravida Peravai
had published a pamphlet listing out how transparently the
Prime Minister of India's web sites are providing information
on Tsunami funds thereby proving beyond an iota of doubt that

136
the hands, heart and mind of the Indian Prime Minister
Manmohan Singh is clean. At the same time we have exposed
how the Puducherry Governments web sites are suppressing
facts and hiding details.

The beneficiaries name will be provided, the address will be


given, even their bank account number would be given
including bank, but how much was given as relief was with held
in government sites. Many consumer activists like
Mr.Nalluswamy of the Kottucherry Consumer Protection Group
had sought answers under Right to Information Act, but the
simple question how much funds came from center and from
other non governmental agencies had never been answered.
The three activists, Nallusamy from Kottucherry, Advocate
Karthikeyan from Thirumudinagar of Puducherry, Advocate
Kulothungan of Kalapet had filed petitions after petitions to all
authorities to know facts under Right to Information Act.
Dravida Peravai can produce procuring from them. But we urge
the Sub Committee to summon officials exercising power under
Right to Information Act, and ask them details of petitions
received under the Act to know Tsunami accounts, and what
replies they had given so far.

4. There had been many agitations in fishermen villages as well


as before the Assembly, and the sub committee must seek
details summoning the Special Branch of Police to provide
details of the agitations over non construction of tsunami
houses or anomalies over tsunami relief, including the press
clippings, so that the Rajyasabha and its committee can know
the extent of the feelings of hurt in the tsunami affected
villages.

5. The Karai Union Pradesam, a journal from Karaikal had


brought out the list of funds allocated by various Members of
Parliament with their pictures, and this sub committee is duty
bound to enquire on what happened to the funds earmarked by
the Honorable Members of Parliament and why the relief
measures did not reach the people.

6. A team of Central P.W.D officials must be ordered to visit the


Tsunami affected villages to assess the quality of the houses
constructed including its costs, because they were given on
contract to some big firms, which in turn allocated it to sub
contractors, ultimately even what reached the people after

137
looting all the way in the process reminds me of what Late Rajiv
Gandhi had said on government expenditure. In every rupee
marked for the people only 15 paise reaches them, Rajiv Gandhi
had lamented. Here how much went and where it went cannot
be a matter of statements by parties like us and Chief Minister's
rebuttals. Center has agencies like CPWD, which can assess,
and no one is more fit than the subcommittee of Rajyasabha to
order for a probe by CPWD on Tsunami Houses in Union
Territory of Puducherry.

7. There is an urgent need to track down where all moneys


meant for Tsunami had been hijacked and a hunt for the safe
havens it would have reached must begin. Dravida Peravai
urges the sub committee to advice the Union Government to
order for a CBI probe into the tsunami swindle. Being Union
Territory no necessity to obtain cabinet nod for calling in CBI is
needed. The CBI must be asked to probe not only within
Puducherry but also in the places of worship frequented by the
Chief Minister N.Rangasamy, including the town of the sacred
Samadhi of Appapaithyam Swamigal, where it is learnt nearly
5000 acres of land had been bought by over night millionaires
and their associates.

8. More than 500 people lost their lives in Karaikal and Karaikal
was hit by Tsunami in worst ever form. Yet the immediate relief
went to the constituency of AIADMK legislator A.Anbazhagan,
and thereto instead of coastal affected areas, the safe less
affected inland places walked away with the relief. Our Cheap
Minister, sorry Chief Minister who had become cheap in public
esteem thrives by keeping opposition in good humor, and
amidst bravado in day time, the AIADMK leader will always be
seen in Chief Minter's company, acting as his spokesperson
targeting against inner party enemies of the Chief Minister.
May be AIADMK Supremo must have give exemption to this
legislator to openly defend ruling party, whereas AIADMK in
Tamilnadu is proving every day to be an opposition here. By
manipulation here opposition leader of media hype will be
midnight accomplice of Wrong Asaamy in Tamil, Wrong
Swamy N.Rangaswamy. In recent websites the list of
immediate beneficiaries who got 5000 each is provided running
into more than 100 pages after our party criticized the web sites
in our pamphlet attached. There it must be pointed out why on
large sums disposed there is silence, and why government is

138
seeking more funds even while it cannot explain the 1600 crore's
expenditure.

Chief Minister N.Rangasamy must be stripped from office and


summoned before Rajyasabha and Loksabha to be admonished
on wasting Tsunami funds that too obtained in a National
calamity not heard in near past centuries. Hence the Parliament
must take the unusual step to reprimand an individual, and to
protect the dignity of his office, he may be stripped before
appearing in the dock before Rajya sabha and Loksabha.

N.Nandhivarman

General Secretary Dravida Peravai

139
PUDUCHERRY NEW CM
MUST ORDER PROBE
Disasters are broadly of two types namely avoidable and unavoidable.
There has been global level awareness on Natural Disasters. United
Nations Organization had designated the nineties as International
Decade for Natural Disaster Reduction, International Programme
Forum, The Geneva Mandate on Disaster Reduction, Geneva 1999.
Over 150 member states of United Nations had signed the IDNDR
Resolution calling for all nations to develop programmes to reduce
loss of life, economic impact and human suffering by natural disaster
through declaration, legislation, policy decisions, and actions at the
highest level. The United Nations Environment Programme has
identified India as one of the countries most vulnerable to sea level
rise.

In the aftermath of Maharastra and Gujarat earth quakes various


Universities had done research and numerous scholars and activists
like the first petitioner had published articles on earthquake prone
areas and the need to adopt construction techniques to reduce loss of
life. The Gujarat earthquake of January 26 of 2001, in ground reality
showed that earthquake itself killed nobody. It is poorly constructed
buildings did. The village of Derang with a population of 1000 and 20
kilometers from Bhujtown, which was the epi-center of the
earthquake lost no life. In Ahamadabad which is over 400 kilometers
away from the epicenter of the earthquake had 1000 deaths.

The post tsunami phase too many scholars have debated, offered
suggestions and media had thrown more light. I had written articles in
New Indian Express on saving our coast and post tsunami measures.

The state of affairs in India is but a poor reflection of the skewed


nature of disaster preparedness. It exhibits a combination of
institutional structures, policies and programmes that prioritize knee
jerk emergency responses and relief aid illustrating the trickle down
and fire brigade approach to disaster preparedness that is centralized
and bureaucratized. Little wonder therefore disaster management
plans, mandatory for every state and district under National Disaster
Management Act are often made without citizen involvement, left out
of public domain. The focus is the government response after
disaster and not disaster risk mitigation. These plans are hardly
opened to public debate or even third party scrutiny after each
disaster. As a result, citizens and others equally concerned in disaster

140
prone area can neither join into either operationalizing these plans or
in holding authorities accountable for failing to do so. Moreover
though governments usually allocate funds for emergencies these
remain unutilized for disaster preparation and prevention, with held
from use until a disaster actually strikes.

TIP OF ICEBERG: PUDUCHERRY EXAMPLE

Government of Pondicherry [Puducherry] in formed State level Relief


and Rehabilitation Committee vide G.O Ms.No 1 dated
03.01.2005.The first meeting of that committee under Chairmanship
of His Excellency The Lieutenant Governor of Pondicherry took
steps to declare 22 revenue villages as natural disaster affected area.
High Power Committee/State Disaster Management Authority was
constituted under the Chairmanship of Chief Secretary to
Government vide G.O.Ms.No.45 dated 19.09.2003.This submission
in page 19 of a publication New Life after Tsunami dated November
2005 needs mention here. The G.O was passed a year before
Tsunami struck, but under the Heading Post Tsunami Activities of
Government, the Project Implementation Agency publication speaks
about constitution of High Power Committee, after Tsunami struck.

The Development Commissioner-cum-Secretary Education & Power,


Pondicherry was appointed as Relief and Rehabilitation
Commissioner vide Order No.19011/4/DPAR/SS1/2004 dated
31.12.2004. District Disaster Management Committee as per above
said publication was convened under the Chairmanship of District
Magistrate, Pondicherry to extending immediate relief measure to
disaster/tsunami affected people vide G.O.Ms.No. 46 dated
19.09.2003.Village Level Core Teams were constituted vide
G.O.Ms.10 dated 25.01.2005 with PCS grade officer as Team leader.
The core team is also responsible for extension and monitoring of all
the relief and rehabilitation measures of being extended to the
village/hamlet. State level Empowered Committee has been
constituted under the Chairmanship of Chief Secretary to
Government for considering the proposal received from
NGOs/Voluntary Organizations for construction of houses and
other development of habitats including community assets vide G.O
Ms.29 dated 15.03.2005 of Revenue Department. District Level
Executive Committees have been constituted with the Chairmanship
of concerned Collector to supervise execution of works in the field.
Project Implementation Agency has been constituted under the
Society Registration Act vide G.O. Ms.No.57 dated 27.04.2005 of the
Revenue Department for undertaking Emergency Tsunami

141
Reconstruction Project. Village Committee has been constituted for
each hamlet with the Collector as Chairman and prominent 5 villagers
including local M.L.A as member vide G.O. Ms.89 dated 25.07.2005
of the Department of Revenue and Disaster Management for
selection of beneficiaries in allotment of house sites. YOU ALL
MUST BE CONFUSED BY NOW. Everyone knows how tiny
Puducherry union territory is and for 33 villages affected by tsunami,
so many agencies, committees were created but none to watch the
previous Chief Minister’s actions.

Comments : There exists a High Power Committee/State Disaster


Management Authority under the Chairmanship of the Chief
Secretary, while such authority exists from G.O dated 19.09.2003 a
Relief and Rehabilitation Commissioner is appointed in G.O.dated
31.12.2004 then Government registers a Society called Project
Implementation Agency by G.O dated 27.04.2005.What purpose is
served by creation of various agencies, instead of attending to relief
and rehabilitation under existing State Disaster Management
Authority. The purpose of registering a society is to have free hand
over finances, which would be accountable strictly is a government
department directly disposes.

There are village level core teams constituted by G.O dated


25.01.2005 but by another G.O dated 25.07.2005 village committees
are constituted. Why this duplicity of committees, when in disbursal
of immediate relief it was done directly from Chief Ministers Relief
fund and vouchers produced to justify such disbursal through
legislators.

Disasters serve as important sign posts and lessons for future


preparedness. One lesson is that natural hazards like earthquakes,
cyclone, floods and tsunamis are natural agents that transform a
vulnerable human situation into a disaster. The hazards by themselves
are not disasters but rather a factor causing a disaster. Since Tsunami
the lesson learned is the realization that unplanned and unregulated
coastal developments have resulted in the loss of natural coastal eco
systems and habitats have worsened the impact of tidal waves.
Ironically, though lessons are learnt in India at enormous costs. The
knowledge attained from previous disasters is seldom reflected in the
overall policy plans. The lessons learnt from the Orissa cyclone of
2000, The Latur and Gujarat earthquakes of 1993 and 2001, among
others have failed in affecting a paradigm shift in the approach to
disaster mitigation. Nor have lessons been applied to cope effectively
with disaster demands of regulating society for safety, protecting

142
especially the vulnerable and empowering civil society initiatives for
transparency in decision making, the right to information and the
dissemination of this information to the affected communities.

In November 2001 when Hurricane Michelle approached the Cuban


coast, the local authorities successfully evacuated 6, 00,000 people.
The reason is effective information system in place and a rapidly
mobilized network of volunteers. Cuba had only 5 deaths.

But in Tsunami, Puducherry and Karaikal had 599 deaths; hence an


organization demanding separate Union Territory status for Karaikal
had come up, showing the public anger against ineffective prevention
and precautionary measures. In post tsunami, instead of managing
through single window, the Government of Puducherry issued
Government order after order to make the Relief operation
cumbersome and confuse even the administration itself.

In 1997 Vietnam experienced a disastrous cyclone Typhoon Linda


with high human and economic losses. Government agencies at every
level, however, strengthened their search and rescue missions. This
effort resulted in tens of thousand of evacuations. This resulted in
more than 5000 lives being saved. Once typhoon abated, the
Government provided aid to local fishing communities.
Consequently, and as which other events, Vietnamese Government
took policy decisions for each and every part of their country,
including providing food assistance and protecting residential areas.
They achieved this by strengthening the system for dykes and flood
diversion structures, policies to prevent and mitigate flood damage;
even the Mekong River Delta Policy was designed to prepare
measures for living with flood but minimizing the damage. The
Vietnamese Government had been successful in realistic approach in
containing flood disasters and has received wide acclaim.UN awarded
Vietnam the Certificate of Distinction for Disaster Reduction on
October 11 of 2000, the International Day for Disaster Reduction.

UNDER RIGHT TO INFORMATION ACT: HOW MUCH


MONEY FOR KARAIKAL: AFTER 2 YEARS NO ANSWER.

Kottucherry Nugarvor Pathukappu Kuzhu under Right to


Information Act sought details of how much funds came from
Government of Puducherry, Government of India, and NGOs in
between 27.12.2004 and 31.12.2005 from District Deputy Collector
Karaikal on The Deputy Collector Revenue in his reply dated
03.08.2006 had left the column financial allotment blank but had

143
furnished details for the column disbursement to some departments
but had provided both information for some departments.

On 21.09.2006 Kottucherry Nugarvor Pathukappu Kuzhu appealed


to Public Information Officer, Puducherry for details. In the appeal it
was pointed out that the allocation of funds is 20, 63.49,538 crore but
expenses are 33, 53, 22,446 crore rupees. It also states as per
newspaper reports Union Government had given 257 crores, out of
which how much came to most badly affected Karaikal region.

Since no response was received within 30 days on 10.11.2006


Kottucherry Nugarvor Pathukappu Kuzhu appealed to Secretary to
Government cum Public Information Officer.

State Information Commission issued summons for personal


appearance on 16.05.2007 and same day passed orders stating that
even after 6 months the application had not been

The summons to appear in person on 11.06.2007 before State


Information Commission in second appeal matter was issued on
30.05.2007.

The Office of Additional Secretary Revenue in reply dated 8.6.2007


informs that appeal is not maintainable. On 16.06.2007 Kottucherry
Nugarvor Pathukappu Kuzhu replied. and sent another letter asking
for T.A/D.A under rule 19[8] [b] of RIA 2005.

State Information Commission issues summons dated 08.07.2007 for


personal appearance on 06.08.2007.

On 31.10.2007 Kottucherry Nugarvor Pathukappu Kuzhu makes


Application under rule 6[1] of Right to Information to Chief
Information Commission, New Delhi. The Chief Information
Commission returns application as not in proper format.

Kottucherry Nugarvor Pathukappu Kuzhu writes on 29.01.2008 to


Joint Secretary /Addl Registrar Central Information Commission.

On 30.01.2008 Central Information Commission writes to Public


Information Officer, Puducherry to offer his comments, marking
copy to the appllant.Since no reply is made on 28.02.2008
Kottucherry Nugarvor Pathukappu Kuzhu writes to Joint Secretary
Central Information Commission.

144
The Additional Secretary Revenue G.Thevaneethi Dhass replies to
Joint Secretary Central Information Commission marking copy on
28.02.2008

Kottucherry Nugarvor Padhukappu Kuzhu again writes to Joint


Secretary Central Information Commission stating within stipulated
time reply had not been made. Further the crux of the issue how
much funds from Government of India/Government of Puducherry
and NGOs came to Karaikal remains without answer after 2 year
struggle by a 77 year old senior citizen. This proves Tsunami scandal
has taken place and Government has to hide simple facts.

TRANSPARENT PRIME MINISTERS OFFICE


versus INFORMATION DENYING
PONDICHERRY ADMINISTRATION.
Advocate P.Kulothungan under Right to Information Act sought
details from Prime Ministers Office, which was forthcoming with
facts and figures without any hesitation. Prime Minister’s Office in its
reply states that Estimated Total Package for Tsunami Relief
Rehabilitation, Reconstruction is 11,907.29 crores. Out of this, under
Rajiv Gandhi Rehabilitation package total allocation is 3644.05 crores.
In this package the allocation made for Pondicherry is 155.62 crores.
Pondicherry had been given Rs.155.62 crores for the following
specific purposes. Relief and Response Rs28.03 crores, Sustenance
Allowance Rs 1.05 crores. Temporary shelters 6.04 crores. Permanent
Housing Rs.50.00 crores. Relief Employment Rs 1.95 crores.
Infrastructure Rs. 10.35 crores. Agriculture and Animal Husbandry
Rs 1.16 crores. Assistance to fishermen Rs 63.14 crores. Thus total
amount of Rs 155.62 crores.

Since Puducherry Government did not spend anything to housing


particularly here, fishermen got agitated and staged road roko
demanding houses. The Hindu dated March 14 of 2007 and New
Indian Express dated March 14 of 2007 had reported this agitation.
Prime Minister’s Office reply indicates out of total 155.62 crores
exclusively for Permanent Housing Pondicherry was allocated Rs 50
crores , but Pondicherry Administration did not construct houses,
hence agitation, now writ petition.

From the replies made by PMO the Funds Released during 2006-
2007 under various schemes to States/UTs and Unspent Balance as
on 31.12.2006 is as follows. Funds released during 2006-2007 till
20.01.2007 is Rs 6182.09 crore. The Unspent balance as on

145
31.12.2006 is Rs 10,640.78 crores. Puducherry got funds to the tune
of Rs 1149.00 crores but it had UNSPENT BALANCE on
31.12.2006 for Rs 1212.23 crores.Puducherry Administration had
unspent money to the tune of Rs 1212.23 crores yet it did not
construct houses , hence this writ petition.

PUDUCHERRY GOVT REPLIES UNDER RTI

Advocate KULOTHUNGAN sought information under RTI. Vide


letter dated 21.03.2007 the Project Director of Project
Implementation Agency provided following reply.

To the question from all sources till date how much amount received
from all heads, private and public for Tsunami relief the reply is
105.91 crores out of which as per Puducherry Government reply the
amount spent is Rs 17.89 crores. Tsunami struck in 2004 but in 2007
the Government says out of 105.91 crores we have only spent 17.89
crores.

But in the Project Implementation Agency publication New Life after


Tsunami dated November 2005 the same Puducherry Government
speaks about chapter 14. Financial assistance from Government of
India as follows : “ In the Annual Plan 2005-06, Rs 810.crore was
approved by Planning Commission of which Rs 100 crore allotted
for infrastructure development in Tsunami affected areas.” They have
given the break up for Rs.100 crores. As per PMO total amount is Rs
155.62 crores in this for INFRASTRUCTURE ONLY 10.35 crores.
There is variance in figures, and instead of just 10.35 crores for
infrastructure the Puducherry Government shows 100 crores. The
current successful investigation of CBI unearthing one key officials
disproportionate income and filing charge sheet running to 2000
pages, is tip of the iceberg, since in tsunami CBI had yet to probe the
total loot, hence Dravida Peravai demands CBI probe.

Houses: NOT A SINGLE HOUSE BY PUDUCHERRY


GOVERMENT

Chapter 12 of the Project Implementation Agency Publication titled


New Life after Tsunami dated November 2005 on Construction of
New Houses and Modern Habitats

“More than 10,000 houses [Pondicherry 4000+ Karaikal 6000] have


been damaged either fully or partially……. Mostly fishermen
community homeless.”

146
Chapter 4 The Magnitude of Disaster at a Glance states Houses
affected in Puducherry numbers 3,901 and houses numbered in
Karaikal 6,160, thereby total number of houses 10,061.

These figures in November 2005 by Government of Puducherry.

Joint Action Committee of Four Fishermen Village Panchayats of


Oulgaret Municipality submitted proposal for selection of sites for
construction of houses to His Excellency Lt.Governor M.M.Lakhera
on 12.10.2005

Whereas the Controller and Auditor Generals Report No 20 of 2006


[audit Para 5.4.2] page 19[d] states : In Pondicherry through Project
Implementation Agency proposed construction of 8125 houses in 34
affected villages in Pondicherry and Karaikal regions availing World
Bank Loan Assistance. The number was later reduced to 7827.
Several NGO’s came forward to construct houses for the affected
with their own funds, leaving responsibility for creation of
infrastructural facilities like anganwadi centers, community halls and
libraries. ONLY 197 houses were COMPLETED BUT WERE NOT
HANDED OVER TO BENEFICIARIES as of AUGUST 2006.

The memorandum submitted by Centre for Fisher folks


Empowerment in a memorandum dated 20.01.2007 to Union Home
Minister Shivaraj Patil states “In Puducherry region there are 15
fishing villages. Out of this, Government of Puducherry has taken
steps to build houses only in 5 villages even after a lapse of 2 years
that too with the help of funds provided by NGOs and the
Government of Maharastra.” The memorandum further states that
Government of Puducherry had surrendered funds to the tune of
approximately 200 crores.

Malai Malar dated 8.03.2008 reports from New Delhi that delegation
of Joint Action Committee of Puducherry Fishermen Organizations
had met Hon’ble Prime Minister and given a memorandum stating
out of 10,000 houses lost Puducherry Government had not
constructed SINGLE HOUSE in funds provided by Union
Government.

Member of Parliament Local Area Development Scheme

G.O Ms.No.109 Department of Revenue and Disaster Management


dated 13.09.2005 enclosed lists out the Members of Parliament who
had offered assistance to build Tsunami/Cyclone Relief Centers.

147
The journal Karai Union Pradesam publishes a news story on
september1-15 dated 2007 issue.

Till date out of 7 Tsunami Shelters in Puducherry region no shelters


had been built in Nallavadu and Periyakalapet, and in 4 villages of
Karaikal as per G.O.

PRAYER:

1. We pray the Government of Puducherry to use the unspent money


given by Union Government under various tsunami related relief
measures to construct houses to all families in tsunami affected
fishermen villages of Puducherry and Karaikal, taking into account
that many undivided families lived together before tsunami struck.
For instance in Naramabai fishermen village the pre-tsunami houses
were 286 but 356 families were living in these 286 houses, hence the
newly constructed and yet to be constructed houses should be done
taking into account the families living in each Village In principle one
house per one family.

2. We pray that multiple agencies created to hoodwink the people and


to waste public money be wound up and single window system under
State Disaster Management Authority be created to avoid
multiplication of efforts and to simplify relief and rehabilitation. It
will also help in future disasters, if any.

3.We pray authorities to complete all rehabilitation within 2008


December 26, the fourth year since tsunami struck and to fix
responsibility on officers who had not completed rehabilitation and
were not forthcoming under Right to Information Act.

4. We to authorities to evolve plans and projects to convert all


fishing villages of Union Territory of Puducherry into well planned
and landscaped modern villages looking beautiful to visitors, with
improving the living standards of fishermen in their traditional
habitats. In the name of heritage houses are converted into hotels
swallowing public money by way of Rs 1 crore subsidy in Puducherry,
to promote tourism, ultimately converting Puducherry into a brothel
house of South India, whereas no Master Plan or Special Package or
will to avail promised World Bank Assistance to post tsunami relief
improvement of traditional fishermen villages where heritage of
centuries is not taken into account. People with traditional fishing
culture aged centuries, who could earn National Exchequer foreign
exchange, if their work environment is modernized providing cold

148
storage in each new house and create a cleaner environment in their
habitats, should be given priority over foreign tourism.

5. We pray that the Government of Puducherry which passed on the


responsibility to build houses to other State Governments and
NGO’s should fulfill its duty to build houses to all families in fishing
villages within stipulated time.

6. We pray the Government to erect tsunami and cyclone warning


systems and a network of timely alerts in all the 33 fishermen villages
of Puducherry and Karaikal. We pray to the U.T.Government to
complete all Tsunami/ Cyclone shelters for which funds were
allocated under Members of Parliament Local Area Development
Fund. We pray for proper policy to use these shelters as community
halls and libraries and entertainment and education oriented purposes
in normal times, otherwise like many depilated cyclone shelters built
by Tamilnadu which can be seen near ECR en route to Puducherry
and remains eyesore and monuments of wastage of public money.

7. We pray the Government to modernize fishing and fish markets,


since the government policy to encourage foreign fishing vessels
handicaps the traditional fishermen with primitive techniques, are
losers in the survival of the fittest atmosphere. Hence, the
Government of Puducherry is urged to provide modern equipments,
impart modern techniques, and create infrastructure for preserving
perishables in fishing crafts, fishing villages, transporting and in
marketing.

8. We would pray that in our quest for social justice we have


reservations based on caste, but there is no quota for families affected
by Natural Disasters like Tsunami and Earthquakes. We pray to the
Government of Puducherry to offer One Time Special Reservation
for Tsunami affected fishermen families, wherein 601 members lost
their lives. The kith and kin of the deceased who are survivors must
be given quota in government jobs as one time chance, but must
accommodate all survivors of the tsunami victims.

9.We pray that the statistics about number of persons died in


Tsunami is 599 had been provided with compensation of Rs 2 lakh,
and in view of the abundant funds made available to tsunami relief
which remains unspent and had been looted by bureaucrats, it is
unfair that victims get a paltry pittance. We pray that every victims
family be given a compensation of Rs 10 lakhs.[ in addition to 599

149
people died, one Desikabanu daughter of Kalaiarasan is missing from
Kanagasettikulam village and the Government had given Rs 1 lakh
only, her family too should get the Rs 10 lakh we demand.]

10. We pray to the Government of Puducherry to bear all education


expenses from kinder garden to post graduate level for 15 years of all
children of tsunami affected coastal villages.

11. We pray to the Government of Puducherry to initiate the


Insurance scheme specially announced by the PMO to tsunami
affected victims, which had been executed by other tsunami affected
states except Puducherry.

12. We pray that in view of the laudable work done by Central Bureau
of Investigation in another Puducherry related case connected with
infrastructure that the Tsunami loot and where it was lost midway
without reaching the targeted victims and villages be probed by CBI,
and hope present Chief Minister Thiru.V.Vaithialingam will rise
above petty politics or party affinity and order a probe into the
tsunami scam of the previous Chief Minister N.Rangasamy.

150
ANTI-NUCLEAR CAMPAIGNS
All those who love humanity will oppose the nuclear designs,
ambitions and craziness of the countries of the earth, or to be precise,
the madness of their political masters. The French Governments
decision to resume nuclear testing at Mururora Atoll was condemned
by a team of eminent men/women from Pondicherry.

The background to our protest here is given hereafter. THE


HINDU, English Daily in a news write up enlightened the Indian
public.

MURUROA PROTEST FLEET UNDER WAY

Wellington: August 11:1995

Atleast 14 vessels are under way or preparing to cast off for Mururoa
to protest the proposed series of French nuclear tests slated to begin
on the South Pacific atoll in September. Several television networks,
including U.S.based Cable News Network, plan live coverage from
the flotilla of ships and boats that will gather at the atoll, 1300
kilometers southeast of Papeete. The unarmed New Zealand navy
research ship Tui, which will depart from Auckland on Saturday, will
serve as the fleet's aloof watchdog. The battle scarred Green peace
ship Rainbow Warrior II rammed by the French navy at Mururoa last
month, has completed repairs and is scheduled to leave Fiji on
Sunday. Greenpeace, another of the protest group's vessels, will pass
through Panama on Sunday. The Vega, which 20 years ago was the
first Greenpeace boat to visit Mururoa, is set to leave Papeete on
Sunday. Other vessels en route for Mururoa include the Manutea
from San Francisco and four yachts from New Zealand. A ship
chartered by Australian politicians, the German flagged yachts
Colonial Heritage and Tara, now in Rarotonga in the Cook Islands.
And the Lady Sephora and Stardust 48 out of Papeete and Maiuhia
out of Tonga are also scheduled to leave for Mururoa. Other ships
may join the flotilla.

The Tui Captain Lieutenant Commander John Campbell says he is


under strict orders not to cross into France's 12 nautical mile (20
kilometer) exclusion zone and if any protest fleet crossed the line they
could not expect help from Tui.

“They are naughty boys after that" said Mr. Campbell. "They are law
breakers and I want nothing to do with them to jeopardize my

151
government role". Radio contact with Greenpeace was also forbidden
during the mission, as was communication with any vessels that
breached the exclusion zone.

"We've got to be seen internationally squeaky clean" Brigadier


Graeme Talbot of the Defense department said.

Government back bench MP, Mr.Brian Neeson, who along with


opposition labour MP, Christ Carter, will be abroad the Tui, for five
weeks, is taking Wilbursmith books, country music, and a memory
enhancement course. Carter has Collen McCullough books and will
do some weight training.

Keating accepts French promise

At Sydney, the Australian Prime Minister Mr. Paul Keating, said on


Friday he accepted at "face value" French promise to close down the
Mururoa Pacific test site after a series of eight underground tests
starting next month. His comment followed a statement by senior
French foreign Ministry official, Mr.Yves Detrieux, on Wednesday
that France would stop all forms of nuclear testing and close to its
Mururoa facility once it had finished its latest test programme in the
South Pacific.

The Australian Prime minister Mr.Gareth Evans said that while


French support for a total ban on testing under a comprehensive
treaty would be a major breakthrough, he would prefer to have it
confirmed by the French President Mr. Jacques Chirac.

However Mr. Keating told reporters in Canberra that he accepted the


commitment. "It was said by an official of the French foreign
ministry and we take that at face value that authority brings" he said.
Mr. Keating said the announcement by France vindicated Australia's
strong campaign against Mr. Chirac’s decision to resume testing
announced in June.

“We’ve essentially led the campaign and there is now a lot of


European opinion against President Chirac's decision, and very
strong public opinion in Germany.” Mr. Keating said. “I think it's
German's public opinion that Mr. Chirac would probably respond to,
outside French public opinion, and to the extent that we have been
influential in that is, I think, shown in expressions by the French that
they will sign the comprehensive test ban treaty and shut Mururoa
down.

152
French flags burnt

At Seoul, a group of South Korean environmental activists joined the


international condemnation of French nuclear testing on Friday, by
burning French national flags and products in downtown Seoul.
Courtesy: -AFP

MUSHROOMING PROTESTS

It was almost like a sequel to a movie. Ten years ago in the day, the
RAINBOW WARRIOR, a coveted British trawler that had become
the flagship of the environmental group, Greenpeace, was blown up
in the Auckland harbour in New Zealand by French secret service
agents. A Greenpeace photographer was killed. Greenpeace, a
consistent critic of France's nuclear testing programme, had become a
menace and the French Government had decided to hit back. Two
secret service agents responsible for the explosion were however
caught, and France's dubious methods of dealing with the nuclear
protesters were clearly exposed. The incident marked a low point
between France and countries of the South Pacific, and perhaps
contributed in some measure to the moratorium on testing that the
then President Mr. Francois Mitterand announced in 1992.

Now a decade later, Greenpeace, the French authorities and the


nations of the South Pacific are on collision course once again. The
French President Mr. Jacques Chirac's decision to resume nuclear
testing in the Mururoa atoll in the South Pacific lead to outrage
throughout the region. Greenpeace sent the Rainbow warrior II, the
ship the environmental group had got to replace the original Rainbow
warrior, into the test site are as a mark of protest. France responded
vigorously French naval frigate rammed the Greenpeace ship and
naval commandoes released them 15 hours later.

The incident made headlines the world over, and further infuriated
opinion in the region. Australia and New Zealand had done little to
conceal their anger the moment the testing programme was
announced. New Zealand's outspoken Prime Minister, Mr Jim Bolger
denounced the decision as an arrogant action of a foreign colonial
power, while the Foreign minister Mr.Don Mckinnon went a step
further and accused Mr.Chirac of "Gaulist-Nepoleanic arrogance".
The Australian Prime Minister Mr. Paul Keating, recalled the
Australian ambassador in Paris, and announced that all defense
cooperation between France and Australia would remain suspended
as long as these tests continued. These governmental protests were

153
backed by popular boycott of French goods and mass demonstrations
in front of French embassies. Within the French Pacific territories,
the resumption of testing has given a boost to groups demanding
independence from France.

The concern in the South Pacific is largely on environmental grounds.


France explodes its nuclear warheads deep under the basalt rock that
makes up the Pacific atolls. Theoretically, the heat of the explosion
should vitrify the rock around the test site, and seal in the nuclear
waste. But environmental activists have argued that the radio active
material can leak and cause large scale contamination of the Pacific.
They also say that earlier explosions could have weakened and
fractured the atoll so badly, that radioactive waste would seep
through. This has caused great anxiety in the islands of the region, as
well as in Australia, New Zealand and Japan, which could all be
affected if radiation leaks into the sea. France has argued that the test
cause no environmental risks, to which the classic riposte has been” if
it is so safe, why don't they test nuclear weapons in mainland
France?" Japan has lodged a formal protest.

It was not only in South Pacific that the French decision set off
protests. Closer to home, France's European neighbors made no
effort to hide their irritation. At a recent meeting of European Union
Foreign Ministers, seven of the 15 members of the EU publicly
expressed their dissatisfaction at the French decision. The European
Parliamentarians accorded a cold welcome to Mr. Chirac when he
came to address them.

The French decision is embarrassing to the Europeans for two


reasons. First, it came just after the conference to review the non-
proliferation treaty, and made a mockery of the statements that were
made at the conference by the West calling for nuclear restraint in the
rest of the world. Second, it has come when negotiations are under
way to ban all nuclear weapons tests, and has clearly indicated that
despite all the talk of a test ban treaty, the nuclear weapon powers
have no intention of mothballing their weapons.

The extent of the protest must have come as a surprise to Mr. Chirac,
but it is not in any way going to change his decision. Mr. Chirac is
convinced that this series of tests are essential if France is to continue
to have a viable, independent and nuclear deterrent, a view that is
based on the recommendations of the French defense and nuclear
establishments. The timing of the tests has been determined by the
possibility of a test ban treaty being ready by the end of next year.

154
Before the treaty, France wants to develop the techniques of
simulating nuclear weapons explosions on computer, a technique
which the U.S is already well advanced in. Once France reaches this
stage, it will no longer need to conduct nuclear tests in order to be
able to develop new generations of nuclear weapons, but will be able
to do this through laboratory work. But to reach this stage France still
requires to conduct more tests. France, since 1991, has been working
on a project to simulate nuclear tests known as the PALEN
programme.

The French Government has maintained that its current testing


programme is not linked to developing new weapons, but only to get
enough data to ensure the safety of the French nuclear stockpile.
Maintaining the safety of warheads has been an argument that all
nuclear weapon powers have used to justify nuclear testing. But there
are clear indications that France also intends to develop and deploy a
new generation of nuclear weapons. The first of a new generation of
nuclear submarines is due to enter into service this year, armed with a
new missile. the M-45. Another missile, the M-5 is also on the
drawing board and there is suspicion that the current series of tests
could be linked with the development of a new warhead for this
missile. A new generation of nuclear surface to air missiles is also
being planned.

The French decision to resume testing only goes to show that all the
concern for non proliferation shown by the nuclear weapon powers is
not intended to curb their own weapons programmes, but is only
intended to reinforce the current divisions between the nuclear haves
and have-nots.

Courtesy: The Hindu daily Article by Thomas Abraham in Geneva.

As world was reverberating with protests the Pondicherrians too rose


to act

FRANCE ASKED TO DESIST FROM NUCLEAR TESTS

Pondicherry July 18 -1995

A four member delegation of the Academy of Cosmic culture headed


by M.K.Sayeekumari on Tuesday presented a memorandum to the
French Consul General here Mr.Claude Bonnet, expressing their
protest against the proposed violation of the 1992 moratorium by the
French government nuclear weapons testing.

155
The memorandum signed by ten members of the Academy also said
the great country France that gave the world three cardinal principles
of equality, liberty and fraternity and the nation that placed the
individual as the center of all political endeavour could take the liberty
to infringe on the human rights of Tahitians and 28 million peoples
of the Pacific region and demolish the foundation of freedom, justice
and peace. France should prove to humanity that it would live up to
its tradition and culture. On-proliferation talks and treaties continue
as never ending exercises in futility. Nuclear weapon free zones had
also been earmarked but the day for the total universe free of nuclear
arsenals was still elusive, the memorandum said and hastened to add
that it would also become out of reach if countries like France
wedded to humanism continued the planned eight nuclear tests
within the vicinity of Mururoa atoll.

The memorandum appealed to the French government to refrain


from nuclear tests and help humanity develop under a cosmic culture
and peace and progress in pushing the borders of human endeavors.
The delegation comprised Dr.M.P.Ramanujam (an ecologist),
Dr.T.Devidasan (who explained in French the ill effects of the
nuclear tests proposed by France to the French representative.) and
Mr.N.Nandhivarman.

Courtesy: THE HINDU (July 19-1995)

(Mr.N.Nandhivarman after a self imposed political exile of 14 years


was back in Pondicherry and was Associate Editor of New Times
Observer. Dr.T.Devidasan, brother of the Poet Laureate of Dravidan
Movement Vaanidasan was his neighbour. In order to promote the
literary circle with certain global goals, he conceived the Academy of
Cosmic Culture, hoping Devadasan will shoulder it. But with this one
activity it died a natural death. The vision for this cosmic culture
emanated from the writings of M.P.John, octogenarian Editor of
New Times Observer)

156
KARAIKAL STRUGGLE GROUP

Founder: N.Nandhivarman Founder: Puducherry 605001Founder


Member: A.S.T.Ansari Babu: KaraikalTel: 0413-2221025 Cell: 9362-
993337 and 04368-224599 Cell: 9362910663

The Karaikal Struggle Group on 28 th December 2006 met the


Lt.Governor of Puducherry Mr.Mukut Mithi and presented a
memorandum urging the Government of India to grant separate
Union Territory status for Karaikal region, an enclave of Puducherry
encircled by Tamilnadu. Apart from the Founder N.Nandhivarman,
Founder Member A.T.S.Ansari Babu,Tamilnadu Indian National
League General Secretary Nagore V.S.Sadiq, Puducherry Maanila
Indian National League President S.S.Hamid and office bearers of
various wings of Dravida Peravai including its Head Quarters
Secretary P.Manimaran M.B.A,Youth wing Secretary
D.R.Gnanassegarane B.T.T.M,Student wing Secretary
V.S.Anandharaja B.Sc.

157
The justification for separate Union Territory status for Karaikal

Small States for Good Governance is not a mere slogan in global


politics, but it is an existing reality. In these days of globalization,
when globe has shrunk into a village, one must have a global vision.

In the developed world particularly Europe has twelve small states,


five of which are islands or island groups. Monaco, a small urban
enclave on the northern Mediterranean coast, is one of the most
prosperous and best known of all small states. With just 32,000
permanent residents (8,000 of whom are citizens) and 500 acres of
territory, it is famous for its high-stakes casino and elegant hotels. In
recent years, though, Monaco prosperity has increasingly relied on its
role as an offshore financial haven. While Monaco is a sovereign
state, its independence is somewhat limited, since its big neighbor,
France, manages its foreign relations, postal services and defense,
while the French franc has served as its official currency. Monaco
may be the only state in the world with a symphony orchestra that is
larger than its military and police forces. In addition to Monaco, the
smaller European territories of this type are: the Principality of
Liechtenstein (pop. 31,000), the semi-independent state lets of
Andorra (pop. 64,000) and San Marino (pop. 24,000) and four British
territories -- the Isle of Man (pop. 70,000), the Channel Islands (pop.
150,000), the Faeroe Islands (pop. 45,000), and Gibraltar (pop.
29,000) – as well as Vatican City State.

With just 700 residents and 109 acres, the Vatican may be the only
state in the world with a diplomatic corps larger than its resident
population. In such a world scenario, there is nothing wrong in
Karaikal Struggle group demanding a separate Union Territory status
for Karaikal. The Caribbean area has a number of small states, the
majority islands. According to our adjusted World Bank figures there
are 14 states and 15 territories in this class in the Caribbean region,
ranging in size from Montserrat (pop. 6,400) to Trinidad and Tobago
(pop. 1,300,000). Belize (pop. 236,000), Suriname (pop. 431,000),
French Guiana (pop. 168,000) and Guyana (pop. 705,000) are all
located on the mainland. Some of the better-known islands include
Aruba (pop. 80,000), Barbados (pop. 257,000), the Bahamas (pop.
284,000), Martinique (pop. 412, 00), and Grenada (pop. 94,500). The
Netherlands Antilles (pop. 208,000) is home of George Soros' famous
Quantum hedge fund, while Bermuda (pop. 63,000) has recently
become an important center for the global insurance industry. The
tiny British self-governing territory of Cayman Islands (pop. 23,000)
has risen to special prominence in recent decades.

158
The Pacific Ocean region has two dozen island SSTs, ranging in size
from Fiji (pop. 773,000) to tiny Tokelau, an atoll with just 1,700
residents. Some of the territories embrace hundreds of islands
scattered over more than a thousand miles of ocean. The Indian
Ocean is site of four large island groups, including the Maldives (pop.
245,000) and the Seychelles (pop. 79,000), as well as a number of
other territories including the French island of Reunion (pop.
718,000). Among the smallest Pacific SSTs, Nauru (pop. 10,000) and
Niue (2,100) have specialized in offshore finance, a field where
newcomers can have an advantage. Africa, too, has a number of
SSTs – 12 states according to the World Bank count, including the
islands of Cape Verde (pop. 416,000) and Sao Tome and Principe
(pop.142, 000), coastal Djibouti (pop. 636,000) and continental
Swaziland (pop. 969,000), as well as a number of territorial remnants
of colonialism, like Ceuta (pop. 69,000) and Melilla (pop. 60,000),
Spanish territories on Morocco’s Mediterranean coast. Asia, by
contrast, has relatively few SSTs, many of which are quite prosperous.
The island of Bahrain (pop. 629,000), peninsular Qatar (pop.
724,000), and coastal Brunei (pop. 323,000) are all petroleum-rich
monarchies.

Thirty-two of the Commonwealth's 53 member countries are small


states - mostly with populations of less than 1.5 million They range in
size from micro-states such as St Kitts and Nevis, Nauru, Niue, and
Tuvalu with less than 50,000 people each, to countries like Botswana,
The Gambia and Mauritius The world’s political map, dominated by
large states, includes many lesser-known small states and territories.

Using the World Bank benchmark of 1.5 million populations, there


are 56 small states, as well as more than a hundred small territories
under the sovereign control of others. A substantial majority of these
small political units are islands or island federations, like Fiji in the
Pacific or Barbados in the Caribbean. But others are located on the
continental mainlands, sometimes as coastal enclaves, like Monaco or
Brunei, and sometimes as landlocked (often mountainous) territories,
like Swaziland or Liechtenstein. A large number of the SSTs have
emerged only recently from colonialism. KARAIKAL :

The Union Territory of Pondicherry constituted out of the four


erstwhile French establishments of Pondicherry, Karaikal, Mahe and
Yanam. Karaikal has an area of 161 sq. km. has a population of 1,
70,640 as per the 2001 census. Going by global trends, we are not
demanding separate country status like the small states listed above.

159
We are only arguing that if countries with lesser population
comparable to Karaikal are small sovereign states, there is nothing
harm in Karaikal becoming a separate Union Territory within Indian
Union, liberated from the rule of the impartial and unjust rulers
nourishing only one constituency and neglecting Karaikal.

WITHIN INDIA SOME PRECEDENTS:

If a particular region is neglected in development, public demands for


equitable development is not met by mere formation of District, as is
being done as eyewash measure with regard to Karaikal. Let us look
in other states, on ways to resolve such issues.

The left ruled West Bengal gives us a precedent. The Darjeeling


Gorkha Autonomous Hill Council, previously known as Darjeeling
Gorkha Hill Council is an autonomous body that looks after the
District of Darjiling within the state of West Bengal. The body has a
fair amount of autonomy in the district and handles healthcare,
tourism, education and governance. The state of West Bengal looks
after the law and order, judicial system, communications and the
higher education in the district. So autonomous council is one way to
resolve people’s demand for being the rulers of their own destiny,
West Bengal shows the way.Chandigarh with a population of 900635
and an area of 114 kms is a separate Union Territory, that serves as
the capital of two states of Punjab and Haryana, at the same time,
administratively, the city is not under the jurisdiction of either state, it
is administered by the Centre government and hence classified as a
U.T. The Governor of the Punjab is the Administrator of
Chandigarh. If a city that is the capital of two big states has autonomy
to be a separate Union Territory under Indian Union, what is wrong
or illogical in demanding separate Union Territory status for
Karaikal? Daman and Diu with an area of 122 square kilometers and
a population of 1, 58.059 is a separate Union Territory after parting
with the main enclave of Goa. Such being the case, there is nothing
harming in Karaikal becoming a separate Union Territory. All these
and more can be cited to compare the population and area of these
separate existing Union territories and Karaikal, aspiring to become a
Union Territory.

Lakshadeep is a Union territory (pop., 2001 prelim.: 60,595) of India.


Located in the Arabian Sea off India's southwestern coast, it includes
27 islands (10 of which are inhabited), with a total land area of 12 sq

160
mi (32 sq km). Britain gained sovereignty over it in the 18th century
and assumed direct administration in 1908. It passed to India in 1947
and became the nation's smallest union territory in 1956. So for
granting Union territory status to Karaikal the arguments advanced
against that the population is less cannot be cited, since Lakshadeep
with lesser population is already a Union Territory. The argument
that all enclaves of French should be one Union Territory too is
ridiculous, since Portuguese colony Goa became separate and Daman
and Diu are union territories in our country. There is no hard fast rule
that all 4 enclaves of Puducherry U.T. should remain under same
administrative umbrella. Separate Union Territory status is not an
unreasonable demand.

Andaman and Nicobar is also a Union territory (pop., 2001: 356,152),


consists of two groups of islands in the Bay of Bengal about 800
miles (1,300 km) east of the Indian subcontinent and Sri Lanka; the
total area is 3,185 sq mi (8,249 sq km).

Dadra and Nagar Haveli too is a Union territory (pop., 2001 prelim.:
220,451), western India. Located between Gujarat and Maharastra
states and consisting of the entities of Dadra and Nagar Havali, it has
a total area of 190 sq mi (491 sq km); its capital is Silvassa

Union Territories Act shielded and shields all these tiny territories
and with more and more Union Territories becoming full-fledged
states, the number of Union Territories is dwindling.

Hence granting Union Territory status to Karaikal will stop the


numbers in the list dwindling. Regions that were denied justice by
bigger states can aspire to become Union Territories, thereby keeping
the Union Territory Act and role model alive as an Indian
constitutional experiment. Hence Karaikal Struggle Group formed by
8 founding members working the idea mooted by Dravida Peravai to
address the issues of neglect of Karaikal by the political masters of
Puducherry, urge His Excellency to apply his mind and to
recommend or otherwise forward our memorandum to the Union
Government for consideration. This is the first visit and attempt by
Karaikal Struggle Group to the RajNiwas to present our views to
your Excellency’s Government. It is true the Government here woke
up after our group raised the separate Union Territory demand.
Karaikal became a District half heartedly, but we welcome and thank
even this small gesture. But it never addressed the core issues.
Cosmetic changes and eyewash schemes are being announced and
made, but the one constituency development and one constituency

161
employment goal practiced by the current government, created a
wave of discontent in Karaikal enclave. As a result out of 6 assembly
constituencies, all the 4 Congress legislators, including two former
Ministers’s lost their seats. The remaining two from DMK scrapped
through in slender margin.Karaikal Struggle Group did not contest
elections, and if it had all the 6 constituencies would have voted as if
it is a referendum. Even now, Karaikal Struggle Group urges your
government to take the electoral verdict as a referendum in favour of
a separate Union Territory and grant Karaikal separate Union
Territory status.

The recent assembly session witnessed all 6 assembly members of


Karaikal region threatening boycott of the session to appease their
voters, though ultimately the drama ended in 3 exposing their double
standards and three continuing to boycot.It shows that elected
representatives are aware of the wave of discontent in Karaikal over
the UNJUST JOB POLICY pursued by the current government. In
Police selections, the interest of Karaikal jobless youth was thrown to
winds. This is one of the many issues that generate people’s anger
over step motherly treatment to Karaikal. Karaikal Struggle Group
urges your government and Your Excellency to immediately draft a
job policy that will give proportionate representation to all the
enclaves of Puducherry and to all the 30 assembly constituencies of
Puducherry.Bypassing employment exchanges, rules, regulations,
ethics and morals, one constituency stands totally favored resulting in
lot of youth shifting residences to that favorite constituency. Once in
job which is not made permanent they have to back the political
master on whose survival, their future is secure. Nepotism is also a
corruption, various enquiry commissions have stated, about which
A.G.Noorani’s book “Minister’s Misconduct will speak in detail.
Nursing ones constituency has limits; the political masters who
assume ministerial office are for whole of the state and had to be fair
to all. Hence this golden rule of a transparent democracy had been
broken with immunity, Karaikal Struggle Group urges for immediate
framing of job policy with justice to all. Even those who sneaked into
jobs must be dispersed from one constituency and scattered to all
constituencies, if they are to be considered for being made permanent
or regularizing an irregularity on humanitarian considerations. If this
approach is adopted dispersing from one constituency to other
constituencies, changes in voters list, ration cards, residences will
ensure that the motive to build a vote bank at the cost of 29
constituencies stands defeated and justice is opened to all giving equal
opportunities to all, especially the jobless youth of Karaikal region, as
long as it remains under Pondicherry administration. We want to

162
breathe the air of freedom by becoming separate Union Territory,
and our demands like uniform job policy are only steps to resolve
issues in the period of transition from a District to separate union
territory. Thanking you yours sincerely N.Nandhivarman [Founder:
Karaikal Struggle Group & General Secretary Dravida Peravai]
A.S.T.Ansari Babu [Founder Member: Karaikal Struggle Group]

163
DETHRONING A TRI-GAMY MINISTER
APPEAL TO INDIAN UNION MINISTER RENUKACHOWDHRY

Mrs.Renuka Choudhry

Union Minister of State [Ind] Minister of Women and Child


Development Government of India New Delhi

Respected Madam.

Subject: Action against Puducherry Minister caught under the new


Act Prevention of Women from Domestic violence Act 2005 -
regarding

I am enclosing your letter written as reply to me years back when you


were thrown out of Telugu Desam. Similarly when Menaka Gandhi
was shown the doors by her mother-in-law, I had expressed
solidarity. This is because our Great Leader Periyar E.V.R taught us
to take up women’s issues and secure them justice. All these years I
never tried to keep in contact with you, in whichever position you
were, only because Periyar EVR again told us to voice our concern
for women in distress but never to look for gratitude. Now I am
knocking your doors with the story of a woman in distress. Asking
you to intervene and do whatever you can in this matter, which falls,

164
under your ministry, I think I am not unduly trying to recall past
memory.

Dravida Peravai, the political party, which espouses the cause of


women’s liberation, brings to your notice the NDTV telecast of 2 nd
November 2006 in which they said the Congress Government
brought law on Domestic violence and a Congress Minister is caught
in that law. It showed Puducherry Chief Minister defending his
cabinet colleague describing a conspiracy. Puducherry Inspector
General of Police had filed an F.I.R under 498A, though forgetting to
book the Minister for bigamy or polygamy. After bowing to pressure
when all media had reported the crime, IGP acted but did not arrest
the Minister. The Bigamy Minister went to High Court seeking
unconditional bail, which he did not get there, it seems, but came
down to lower court and got the bail yesterday.

The Chief Minister had not forced the Minister to step down nor did
he care for the scandal hitting national headlines. Let me quote what
law says about the Hon’ble Chief Minister, who from day one had
tried to hush up the matter by using all money and other power in his
command and had not lived up to the oath of office he had taken
that he will uphold the sanctity of law without favoring anyone. The
offences committed by the Chief Minister are punishable.

212. Harbouring offender

Whenever an offence has been committed, whoever harbours or


conceals a person whom he knows or has reason to believe to be the
offender, with the intention of screening him from legal punishment;
if a capital offence- shall, if the offence is punishable with death, be
punished with imprisonment of either description for a term which
may extend to five years, and shall also be liable to fine; if punishable
with imprisonment for life, or with imprisonment- and if the offence
is punishable with 104[imprisonment for life], or with imprisonment
which may extend to ten years, shall be punished with imprisonment
of either description for a term which may extend to three years, and
shall also be liable to fine; and if the offence is punishable with
imprisonment which may extend to one year, and not to ten years,
shall be punished with imprisonment of the description provided for
the offence for a term which may extend to one-fourth part of the
longest term of imprisonment provided for the offence, or with fine,
or with both.

165
108["Offence" in this section includes any act committed at any place
out of 109[India], which, if committed in 109[India], would be
punishable under any of the following sections, namely, 302, 304,
382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450,
457, 458, 459 and 460; and every such act shall, for the purposes of
this section, be deemed to be punishable as if the accused person had
been guilty of it in 3[India].]

The law brought by Hon’ble Manmohan Singh cabinet and by the


party headed by a symbol of sacrifice Madam Sonia Gandhi is put to
test in Puducherry. Whoever is the criminal, he must get the
punishment and women must get justice.

I pray for your effective intervention to sack the Puducherry Social


Welfare Minister P.Angalane and his Godfather, the Chief Minister of
Puducherry.

With Regards

Yours fraternally

[N.Nandhivarman General Secretary Dravida Peravai]

166
LEMURIA IS NOT TAMILS HOMELAND”: A
BOOK SPITS VENOM ON TAMILS
The author of the book Fabulous Geographies catastrophic
Histories: The Lost Land of Lemuria, Ms Sumathi Ramasamy had
questioned the existence of Kumarrikkantam and argues there is no
evidence to show it was the homeland of Tamils. Her hit list of
scholars includes all British and Western scholars,
Dr.Caldwell,Navalar Somasundara Bharathiar,Maraimalai Adigal and
Tamil Nadu Government led by M.G.Ramachandran for teaching
false history. All Tamils who quote the Tamil literary sources and
three Tamil sangams lost in the seas are idiots who have no scientific
knowledge to construct Tamil history that is what she wants to prove
to the world. She is an academician. The book had been published by
Permanent Black, D-28 Oxford Apartments, 11, I.P.Extension, Delhi
110092. It is being distributed by Orient Longman Private Limited.
Copyright @2004 by the Regents of the University of California. First
Edition appeared in 2005.

Dravida Peravai appeals to all who are concerned about Tamils to


counter this book with their powerful arguments by way of articles,
books and public debates. It will take a year or more for a politician
like me to write a rejoinder-book, which I have decided to write. But
Tamil academicians in prestigious institutions around the world are
best suited than me resources and leisure wise to write a book with
befitting reply.

I will only quote the passage which I will use for awakening Tamil
Nadu Government from slumber.

“Indeed, in January 1981, during Fifth International Conference of


Tamil studies held at the historic Madurai, a short documentary titled
Kumarrikkantam was screened in Tamil and English. Produced with
the financial support of the Tamil Nadu Government and the
personal backing of Chief Minister M.G.Ramachandiran, the
documentary recounts an ancient tale of origins in the paleo-scientific
language of modernity. It traces the birth of Tamil and its literature to
the very beginning of time on Lemuria,referred to also by its Tamil
name Kumarrikantam.In the documentary's recounting, the paleo-
history of the Earth turns around the Tamil land,language,and
literature. In such a planetary vision, the history of Tamil and its
modern speakers is both deeply temporalized and ambitiously
spatialized: the entire world was Tamil's domain, once upon a time,
millions of years ago. With the making of this film, and with the

167
pedagogical circulation of Lemuria in schools and colleges, Sclater's
lost continent has been officially installed in Tamil collective memory
at the heart of the catastrophic narrative about the loss of the
prelapsarian Tamil past and self"

Ms.Sumathi Ramasamy was so much upset with that documentary


and decided to uninstall the history of Tamils from their minds.
Hence she ventured to write a book. We Tamils have an urgent duty
to ask Tamil Nadu Chief Minister Kalaignar M.Karunanithi to order
for a CBCID or CBI probe to trace that documentary hidden
somewhere by the bureaucracy and to make it screened with renewed
vigour. Tamil Nadu Government can even update that documentary
film and screen it throughout schools, colleges, television channels.
Tamil Nadu Government can bring out CD's of that film and to all
tourists of Tamilnadu it can be given free of cost.

If Tamil Nadu Government searches for the documentary history


may even repeat as it happened to Raja Raja Chozhan I. The 3000
Brahmins of Chidambaram Nadarajar temple had kept Thevaram and
Thiruvasagam palm leaf texts under detention. The Chozha emperor
asked the Theetchathargal to release the palm texts of the sacred
hymns in Tamil." Let Appar, Gnanasambandar and Manikavasagar
the trio who composed come and request, we will give freedom to
Thevaram and Thiruuvasagam" said the temple priests. Chozha
Emperor brought the idols of the trio and sought and got the release
of whatever was left in the palm texts. So let Tamil Nadu Policemen
go to office after office with an idol of M.G.Ramachandran and ask
for hidden documentary film on Kumarrikantam. Otherwise the
people who are hiding it may ask M.G.Ramachandiran to come alive
and ask for Kummarrikkantam documentary. Hence my suggestion
comes as a precaution.

By the by Discovery Channel showed a well documented film called


Journey of Man. The book by Spencer Wells also is there for every
one to read. Journey of Man travels through the continent submerged
in Indian Ocean. If the people there are not Tamils, where is Tamil
homeland, beyond stars in our Milky Way swallowed by Black Holes?

N.Nandhivarman, General Secretary Dravida Peravai

168
THE DA VINCI CODE AND FEMINISM
India the current debate on the film “The Da Vinci Code” is hot.
Dravida Peravai is bound to express its opinion. Of particular interest
to us is a film review in The Times of India dated 28 th May 2006 by
Nikhat Kazmi. We would like to reproduce a paragraph of that
review “Dan Brown told a story in print and Ron Howard retells it on
celluloid. It was never meant to be a theological treatise and should
never have been treated as one. And only the people who should
have actually raised their voices were the feminists, for the book/film
propounds the idea of the Sacred Feminine in its reinterpretation of
the Mary Magdalene myth. The feminists should have found a new
cause to decry the centuries old male domination, this time by the
Orthodox Church, which tried to suppress the fact that Jesus left his
legacy to a woman, rather than a man.

This paragraph gave Dravida Peravai a fresh insight into the status of
women in Christianity. We as followers of Periyar EVR welcome this
fresh fact and hope further research will prove that Jesus left his
legacy to a woman.

Unfortunately the Marumalarchi DMK General Secretary in an


interview re telecasted by 11.00 hours on 29 th May 2006 in Jaya TV
had demanded the ban of the book as well as the film. Dravida
Peravai condemns this attitude of Mr.Vaiko because he forgot that in
the history of the DMK founded by Aringnar Anna for freedom of
speech Anna underwent imprisonment. We all know the treatise of
Anna titled Arya Maayai [The Aryan Myth] was banned by the
Congress government and Tiruchirapalli Court sentenced Anna for 6
months rigorous imprisonment. But people’s protest forced the
government to release him in 10 days.

On October 23, 1950 in the DMK headquarters the Polit bureau of


the party met. General Secretary C.N.Annadurai, Kurinjipadi
R.Sambasivam, N.V.Nadarasan, Vallimuthu, Madurai S.Muthu,
P.M.Appadurai, Anbil Dhramalingam, G.P.Somasundaram,
E.V.K.Sampath, K.M.Kannabiran, M.S.M.Mohideen,
Sathyavanimuthu, Mullai M.P.Vadivelu, Kumara Thanigasalam,
Kanchi Manimozhiyar, Era.Nedunchezian, T.M.Parthsarathy,
K.A.Madhiazhagan were in the meeting which took the decision to
violate ban orders and fight for freedom of speech, acting in banned
dramas and publicizing banned books etc. It is history that again
DMK during emergency in seventies fought for freedom of speech.
The Indira Gandhi regime dismissed DMK Ministry in Tamil Nadu.

169
Within three days of the dismissal I started to write fiery poems and
articles in Murasoli, Thamizh Mani, official organ of the DMK Nam
Nadu weekly and Kazhaga Kural. In fact many of my articles escaped
censors who thought I wrote about past history and literature but in
reality I was hitting at emergency in hidden meanings. So no one
from Dravidian movement must speak in terms of curtailing freedom
of speech, unfortunately the company he keeps has blinded the vision
of Vaiko.

Frederick Engel’s is the first to indulge in a scientific study of the


historical conditions of the origin of Christianity. Engel’s pointed
out” that the Father of Christianity was the Jewish philosopher Philo
of Alexandria who was deeply influenced by Late Greek philosophy.
He had a combination of Jewish national spirit and purely Greek
classical education. Philo interpreted as allegories the biblical stories
about the creation of Man, the Fall etc. He adhered to the strictly
monotheistic teaching about God but he also believed that there was
a holy mediator between God and the material world---- the divine
logos [word]. This was common idea in Greek idealistic philosophy.
The Divine Logos, son of god, became the central figure in
Christianity, Jesus Christ” [history of religion by sergai tokarav p.333]
It would be appropriate to point out that while I was Associate
Editor of Pondicherry’s only English weekly New Times Observer
during 1994-95, I have written about the similarity between Divine
Logos and Om, the light versus water principle upheld by Saivism
and Vaishavism.

“The worship of Christian Mother Mary was copied from the cult of
Egyptian Isis. In order to fight the cult of Isis, Christians found it
necessary to establish the cult of a female deity. Hence the cult of
Mother Mary in Christianity, absolutely unprecedented in the ancient
Jewish religion and in Christianity itself until the 4 th century.
Apocryphic life histories began to appear about the Virgin Mary.”
Says Sergoi Takarov.

Dravida Peravai is ready to debate about any religion on earth and in


our quest towards truth whatever arguments appear rational we are
placing it for public debate to stimulate freethinking. While Marx’s
friend Engel started the historical analysis of Christianity he would
not have expected The Da Vinci Code. The mantle of Jesus fell on
women’s shoulders, which is what Da Vinci Code tries to tell the
people. Why women should be treated as inferior and their historical
role, if any be suppressed, we want to question?

170
Later added comment: Dravida Peravai condemns the Tamil Nadu
Government ban on Da Vinci Code.

N.Nandhivarman, General Secretary Dravida Peravai

171
172

You might also like