Catalyst for Change

General Secretary Dravida Peravai

Catalyst for Change

General Secretary Dravida Peravai




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


Index 1. Fishing village fights 2. Al-Bashir alias Rajapakshe 3. Symposium on Human Genome Project 4. Tibet Struggle: Our voice to grant Asylum 5. Broken Pacts of Sinhalese 6. Tamil refugees and India’s duty 7. Bangladesh Enclaves 8. On Secularism: A poser to Indian PM 9. Make Amarthya Sen Finance Minister of India 10.Chinese encirclement of India 11.Water Wars: A Court Verdict 12.Who owns the world ? 13.Way to combat Terrorism 14.New Scientific Understanding 15.Turkey :Plea to admit in European Union 16.Religion is the real problem 17.New Zealand’s Last Colony 18.East Timor 19.Chinese lessons to Tamils 20.1965 :Remembering Tamil martyrs 21.A moon astrologer’s don’t know 22.33 Countries commit Genocide 23.Tamil Dance before Bharatha Natyam 24.God fathers of Genocide 25.Sane voice from Sinhalese Left 26.Skeletons of Tsunami 27.Oath of Secrecy Violation 28.Tsunami Scam: Complaint to Parliament 29.New Chief Minister urged to order Probe 30.Anti-Nuclear Campaigns 31.Karaikal UT Demand 32.De-throning tri-gamy Minister 33.Book spits venom on Tamils 34.The Da Vinci Code and Feminism

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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

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.


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


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


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.


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.


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.


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


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.


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


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


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


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-


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 Pondicherryenvironmental 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.


“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


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.



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.

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


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


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

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 resequencing. 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


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.


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

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....


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, foe which we thank them. As appearing in Tamil, 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

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 (19771989) 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.


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


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

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 nonrefoulement. 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.


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.


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.


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


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


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]


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

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


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


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


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


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 preindependence 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.


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.



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.


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, 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

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


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.


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


IN THE HIGH COURT OF KERALA W.A. No. 2125 of 2003 etc. Decided On: 07.04.2005Appellants: Hindustan Coca-Cola Beverages 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

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


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 200809-02 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.


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


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


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


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 multinational 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


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,


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


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 200304 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


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.


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


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


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.


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


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.


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


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


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


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.


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


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 upto-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


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]


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

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


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 coefficient 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!"

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]


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.


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.


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]


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, timedilation, 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

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...

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.


By dravidaperavai @ 2006-02-21 – 05:43:59


WORLD WIDE POLITICS AND POLITICAL DISCUSSION FORUM [] 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


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

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

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

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!


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 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."

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-dayold 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


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


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 pseudoproblems 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.


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.



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.

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.

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

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

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

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


Dravida Peravai

Dravida Peravai on global political issues and causes

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



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 selfconfidence 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

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.


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.


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


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 multinational 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 marketbased 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-




By Annaist @ 2006-10-19 – 13:49:22




A MOON ASTROLOGERS DONT KNOW By Annaist @ 2006-05-06 – 12:22:56

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


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 radiowave 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


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 oneshot 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.

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

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

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]


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 welltrained 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


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.


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.

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


By ALEKSANDAR HEMON in Published: July 27, 2008 Chicago Oct. 14, 1991, Radovan Karadzic spoke at a session of the BosnianHerzegovina 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 hardline 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


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.

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

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


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 selfdetermination. [...] 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

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 AngloSaxon 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.


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.


Hon’ble Prime Minister of India Thiru.Manmohan Singh Hon’ble President of Indian National Congress Mrs. Sonia Gandhi Respected Prime Minister and Congress President 11.3.2008

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


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

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.


His Excellency The Lt. Governor of Puducherry 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 8.03.2008

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

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

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 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

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 Union Territory of Puducherry. assistance in cash and kind to the no comprehensive action plan to Government of India. damaged 33 villages in the The Government provided affected families. There was utilize funds received from

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


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

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 scotfree 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 NonDistribution 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 noninvestment 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


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

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.


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

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


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


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


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


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

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

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

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


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.


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.

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 20062007 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

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.”


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.


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


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


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.


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


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.


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


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 nonproliferation 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.


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.


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)



Founder: N.Nandhivarman Founder: Puducherry 605001Founder Member: A.S.T.Ansari Babu: KaraikalTel: 0413-2221025 Cell: 9362993337 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.


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.

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.


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


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


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

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]



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,


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.


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]


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 paleohistory 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

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


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.

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?


Later added comment: Dravida Peravai condemns the Tamil Nadu Government ban on Da Vinci Code. N.Nandhivarman, General Secretary Dravida Peravai



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