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8 EDITORIAL DELHI
T
he decision of the International Olympic Commit context of the abovementioned them nor its exercise facilitated.” Against the safeguards
tee (IOC) to revoke Tokyo 2020 Olympics qualifi Act is based on an assertion that a The mere rejection of claims by At an even more fundamental le
T
cation status for the men’s 25metre rapid fi re pis he order of the Supreme claimant has been in possession of the state therefore does not add vel, we are speaking of special pro
Court issued on February 13 a certain parcel of land located in up to a fi nding of the crime of “en tections under the Constitution —
tol event from the New Delhi shooting World Cup is a
with respect to the claims of the forest areas.” True. A claim is croachment” — the sheer volume even more today than ever before.
K.R. DEEPAK
controversy Indian sport could have done without. This forestdwelling peoples in India — made either for individual or com of rejections should instead set The presence of Article 19(5) in the
has come after India refused visas to two Pakistani com the Scheduled Tribes and Other munity rights by the people/com alarm bells ringing in the court of Fundamental Rights chapter of
petitors, in the backdrop of heightened bilateral ten Traditional Forest Dwellers — is a munities covered by the FRA. This procedural improprieties. the Constitution, which specifi cal
sions after the terror attack in Pulwama. The IOC has case of the Supreme Court speak is a plain reading of the Act, which cally directs governments in 21 Interestingly, in this case it ap ly enjoins the state to make laws
declared that this is against the Olympic Charter’s prin ing against itself. In eff ect, the is unambiguous on this score. States by name to carry out evic pears as if a private party — Wil “for the protection of the interests
ciples, of which nondiscrimination, equal treatment of court has ordered the eviction of From here, however, that order tions of rejected claimants without dlife First — is pitted against the of any Scheduled Tribe”, is vital.
lakhs of people whose claims as did a jurisprudential somersault to further delay and report on or be state. A closer examination reveals How has the Supreme Court or
all athletes and sporting delegations and political non
forest dwellers have been rejected observe, “If the claim is found to fore July 12. There are several that it is, in fact, Wildlife First and dered the eviction in complete dis
interference are supreme. It is clear that in the clamour under the Scheduled Tribes and be not tenable by the competent questions that must be fore the state together which have regard of this core and express
to send Pakistan what it perceives to be the right mes Other Traditional Forest Dwellers authority, the result would be that grounded for immediate joined forces against the most vul fundamental right protection to
sage, India has shot itself in the foot. In the short term, (Recognition of Forest Rights) Act, the claimant is not entitled for the attention. nerable communities in the coun Adivasis (as distinct from legal/
the scrapping of two out of 16 quota places will deny 2006, or FRA. That this order ne grant of any Patta or any other The most obvious one has to do try living in areas constitutionally statutory protection), which pro
three Indian shooters, including 16yearold Anish gates the claims of citizens under right under the Act but such a clai- with the meanings attached to the protected from encroachment tects them from a range of state
Bhanwala who won the gold in the event at the 2018 special protection of the Constitu mant is also either required to be ev- rejection of claims. According to even by the state — can we forget and nonstate intrusions in Sche
tion, viz. the Scheduled Tribes and icted from that parcel of land or the 2014 report of the HighLevel the stellar Samata judgment of the duled Areas as well as from the pe
Commonwealth Games, an opportunity to make the
other vulnerable communities al some other action is to be taken in Committee on SocioEconomic, Supreme Court in 1997? rennial threat of eviction from
Olympic grade at home. While the National Rifl e Asso ready pushed by gross govern accordance with law” (emphasis Health and Educational Status of Why must we worry about this their homelands? Is it not the su
ciation of India has thanked the IOC for sparing the 14 mental neglect precariously to the added). This was the material part Tribal Communities in India, con order of the Supreme Court in preme obligation of the Supreme
other places by restricting the withdrawal of recogni edge, is another matter altogether. of the order. In other words, the stituted by the Government of In 2019? As has been widely report Court to protect the Scheduled
tion to just one event, three Indian shooters, for no fault The question before us today claimant cannot contest the deci dia (Xaxa Committee), 60% of the ed, the immediate result will be Tribes and other vulnerable com
of theirs, have ended up as collateral damage. centres on the responsibility of the sion of the authority, said the forest area in the country is in tri the forced eviction of over one mil munities from the grave harms of
The longterm consequences, however, could be Supreme Court in upholding con court. With respect to action to be bal areas — protected by Article 19 lion people belonging to the Sche violent dispossession?
stitutional claims and equal citi taken against those “unauthoris (5) and Schedules V and VI of the duled Tribes and other forest com Finally, in the recent judgments
more severe. The IOC, in a strongly worded statement,
zenship. edly in possession of forest land”, Constitution. With specifi c refe munities. Importantly, the area of the apex court on the right to
said that it has decided to “suspend all discussions with the States were then asked by the rence to claims under the FRA, marked for eviction falls under privacy and Section 377, the court
the Indian National Olympic Committees and govern The background Supreme Court to report on con reiterating the fi nding of several areas designated under Schedule has sung paeans to autonomy, li
ment regarding the potential applications for hosting The order in question was issued crete measures taken to evict the other studies that have document V and Schedule VI of the Constitu berty, dignity, fraternity and con
future sports and Olympicrelated events until clear in the case of Wildlife First & Ors v. Scheduled Tribes and Other Tradi ed the deep procedural fl aws in tion — there is no reference to the stitutional morality — the pillars of
written guarantees are obtained…to ensure the entry of Ministry of Forest and Environment tional Forest Dwellers from the processing claims, the Xaxa Com implications for governance in the transformative constitutionalism.
all participants.” This means negotiations regarding In & Ors. The question before the forest. In the very next paragraph, mittee observed that “claims are Scheduled Areas and whether the It is the same court in the same era
dia’s potential bids for the 2026 Youth Olympics, 2030 court as stated in the order of 2016 which pertained to the State of Ta being rejected without assigning Supreme Court, in fact, has the that has now ordered the dispos
when the matter was last heard re mil Nadu, the order referred to ac reasons, or based on wrong inter authority to order evictions of session of entire communities pro
Asian Games and 2032 Olympics are set to go into cold
lated to “the constitutional validity tion against those people whose pretation of the ‘OTFD’ defi nition Scheduled Tribes from Scheduled tected under the Constitution. We,
storage. While it is true that the IOC’s record in dealing of the [FRA] and also the questions claims had been rejected as “evic and the ‘dependence’ clause, or Areas. In a democratic country as citizens, have every reason to
with the overlapping worlds of geopolitics and sports is pertaining to the preservation of tion of encroachers”. simply for lack of evidence or ‘ab with citizens (not subjects) and a worry.
uneven, there have been precedents of strong action in forests in the context of the above sence of GPS survey’ (lacunae written Constitution which is af
similar cases. Ahead of the 2016 Rio Olympics, the mentioned Act.” The details re What now? which only require the claim to be fi rmed by the people who are so Kalpana Kannabiran is Professor &
Asian Shooting Championship in Kuwait had its qualifi garding claims made under the In the present order of February referred back to the lowerlevel vereign, how can we countenance Director, Council for Social Development,
cation status removed after an Israeli delegate wasn’t FRA that were placed before the 2019, the Supreme Court specifi body), or because the land is the dismantling of an entire consti Hyderabad
O
n February 18, U.S. Presi Ironically, the answer points campaigning may appear as a sanctions with the threat, if not
The Saudi Crown Prince’s visit highlighted dent Donald Trump amped back to the U.S. I don’t mean that facilitated the U.S.’s rise to world means of delivering, literally, Ve the actual use, of lethal force.
the complexities in bilateral ties up yet again the pressure the U.S. and its oil companies sup hegemony, an ascent rooted in nezuela’s oilbased revenue to the
on Venezuela’s recalcitrant mili port Mr. Maduro. Nothing could be shifting the world to rely on the people. This history also likely The EU initiative
A
s a standalone visit, the daylong trip of Crown tary. If they do not defect to Juan further from the truth. Although, primary energy source it con complicates Mr. Guaidó’s pros Not surprisingly, the best chance
Prince Mohammed Bin Salman Bin Abdulaziz Al Guaidó, Venezuela’s head of the of course, we should not forget trolled: oil. pects of unifying Venezuelans for a peaceful transition comes not
Saud (MBS) to New Delhi will be regarded as a di national legislature who pro that the U.S. oil industry has re Moreover, as historian Miguel against Mr. Maduro. Plenty of Cha from the U.S. The European Union
plomatic success, given the numerous outcomes. After claimed himself the constitutional mained one of Venezuela’s biggest Tinker Salas reveals, Jersey did vistas oppose Mr. Maduro’s cor announced the formation of an
talks with Prime Minister Narendra Modi, the two sides president in late January, Mr. clients since 1998 when Hugo Chá more than just suck oil out of the ruption and repressive turn, even “international contact group” in
Trump declares they will not be vez won in a landslide. I mean we ground. It sought to remake Vene as they still believe in Chávez’s in January 2019 to address the Vene
announced measures to upgrade the defence partner
nefi t from amnesty. It is widely be cannot understand the contours zuelan social and political life in its itial goals to take back national zuelan crisis. The group includes
ship, create a “Strategic Partnership Council” to coordi lieved that many in the military of politics today without an appre own image. It proclaimed that control over oil. Mr. Guaidó is a nations that have already recog
nate on security issues, and institute regular talks bet fear sanctions for corruption, illi ciation for how U.S. oil companies what was best for the oil compa hard sell for this loyal opposition nised Mr. Guaidó (France, Germa
ween the two national security advisers to discuss cit narcotics traffi cking and hu “developed” Venezuela. nies was best for Venezuela. It did among Chavistas. His unwilling ny, Spain, Portugal, Sweden, The
counterterrorism, intelligencesharing and maritime man rights abuses. Thus far, Venezuela is not just any oil so, even as it crushed employee ness to denounce the U.S.’s thinly Netherlands, the U.K. and Costa
security. Saudi Arabia has also expressed its interest in though, the U.S. has failed to re producing society. It is the U.S.’s dissidents and eff ectively turned veiled attempt to force regime Rica) as well as those with more
investing in infrastructure projects worth about $26 bil cruit their Venezuelan equivalent oil society. It was the cash cow for labour unions into company spies. change likely deepens such misgiv ambiguous positions (Italy, Ecua
lion. This is beyond its already committed investments of Chile’s Pinochet, the leader of the largest of Rockefeller’s duell This was oil’s “enduring legacy,” a ings. dor, Uruguay and Bolivia). When
the 1973 coup against the elected ing sister companies after the lore which Chávez burst. Even af The U.S.’s current harddriving the group met for the fi rst time
in India of $44 billion for the existing joint venture with
socialist, Salvador Allende. Nor company’s court mandated break ter they nationalised oil in 1976, strategy may actually backfi re. It early in February, they committed
the public sector oil undertakings and public fund in has Mr. Guaidó succeeded as Nica up in 1911: Standard Oil of New Jer the industry remained in the validates Mr. Maduro’s appeal to themselves to establish the “ne
vestments of $10 billion. The language on terrorism in ragua’s Violeta Chamorro did in sey. We know this company today hands of professionals seasoned stick with him as the last bulwark cessary guarantees for a credible
the joint statement was something of a dampener for 1990, to leverage devastating eco as ExxonMobil. Jersey took a sig by the company’s longstanding against a return to U.S. corporate, electoral process” and to “ena
those who would have hoped there would be stronger nomic sanctions to win over large nifi cant interest in Venezuela in commitment to maximise profi t. not to mention military, domina ble… delivery of assistance.” Cor
condemnation of the terror attack in Pulwama. But it swaths of the population once 1928, shortly after the fi rst major Venezuela’s establishment parties tion. The appointment of Elliott nered, Mr. Maduro and Mr. Guaidó
was signifi cant that the Saudi government agreed to in sympathetic to Nicaragua’s Sandi gusher in 1922. It quickly towered struggled to deliver credibly on Abrams, as Special Representative have yet to agree to talk. Mean
nistaled revolution against a U.S. over Venezuela’s oil industry. By the promise to “sow the oil”: to for Venezuela, plays right into while, millions of Venezuelans
sert an extra clause calling on states to renounce the
backed dictator. 1941, it controlled 65% of its re use the oil revenue to grow Vene such an appeal. After all, he noto starve and fl ee.
“use of terrorism as an instrument of state policy”. It al serves. By 1945, it produced more zuela’s domestic industry. riously defended El Salvador’s
so acknowledged that disputes between India and Pa Venezuelans’ dilemma oil than all other oil companies in The U.S. companies, in fact, brutal military off ensive against Leslie C. Gates is Associate Professor of
kistan must be resolved bilaterally. At the leadership le Why wouldn’t Venezuelans fl ock Venezuela. Venezuela made Jersey sowed a very diff erent kind of that country’s national liberation Sociology at Binghamton University, New
vel, Mr. Modi extended more than a personal touch to to Mr. Guaidó? Why would anyone rich. By the mid1940s, it generat seed: a deep distrust of U.S. oil movement, denying its role in one York, and is the author of ‘Electing
the visit by going to the airport and embracing the support Mr. Nicolás Maduro? After ed more than half of Jersey’s total companies and Venezuela’s politi of that country’s bloodiest mas Chávez: The Business of Anti-neoliberal
Crown Prince on landing. The prince repaid the compli all, his claim to the presidency is revenue. Venezuela’s oil, indeed, cal establishment which collabo sacres. He was deeply implicated Politics in Venezuela’
ment, agreeing to increase Haj quotas and release 850
Indians from Saudi jails after a plea from Mr. Modi. LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.
These announcements and gestures would have
been far more signifi cant had it not been for the fact An eviction? national mood is, and a certain Governor only out every terror organisation seeking good offi ces. yet potential asset class.
that MBS’s trip came on the heels of his visit to Pakistan The Supreme Court’s order understandably, that of give legitimacy to the “oust should be the sole goal. Shivam Aggarwal Given such impetus and
just after the Pulwama attack. As a result, his India visit to 21 State governments retribution (OpEd page, Kashmiri” line. I am afraid Jaspreet Singh, Ludhiana, Punjab transparency, the process
which could lead to the ‘Yes, No, It’s Complicated, that with such an attitude, Patiala, Punjab would automatically refl ect
is being measured against the statements made during
his Pakistan visit, where he praised Islamabad for its eviction of lakhs of forest “After the terrorist strike in we are playing right into the Angel tax the status of an investor and
fi ght against terrorism. He also announced $20 billion dwellers seems unfair and Pulwama, is war even an hands of militants and ■ There is no doubt that what Fixated on tax evasion, the funding. Singapore
will lead to countless option?”, February 22). But Pakistan who want Kashmiris happened at Pulwama is money laundering and the operates several platforms
worth of investments, in addition to previously an
innocent and poor tribals any sudden reaction might to be disowned by India. The horrendous and that India like, diligent bureaucrats assisting mediumsized
nounced aid of $6 billion in cash and reserves. While being denied their rights compromise the long whole nation should stand needs to take steps to make conjure up demons where companies fuelled by start
such comparisons may be unwarranted, the visit to Del (Inside pages, “Lakhs of sought peace for which our up to this divisive communal Pakistan see reason. none need exist. Instead they ups and the government has
hi would have benefi ted in terms of optics if it hadn’t forest dwellers face jawans have bled for long. onslaught and the militancy. However, the move to stop ought to lay out formats that generous budget allocations
been preceded so closely by the one to Islamabad. The eviction”, February 22). Instead of a pompous The rest of India needs to India’s share of the Indus provide information on for their active promotion. In
Modi government also overplayed its expectations from Most of the claimants are surgical strike, what is assure Kashmiris that they going to Pakistan may be a investments into such contrast, India’s narrow
the visit by billing it as part of a diplomatic off ensive illiterate and are not in a needed is a comprehensive, have been, are and will be bit extreme (“Will stop ventures. Adequate laws approach, such as the angel
position to assert their longterm strategy which very much a part and parcel India’s share of water going exist to tackle the deviants. tax, is not only primitive but
aimed at ‘isolating’ Pakistan in order to hold it to ac
rights with necessary can cut off the assistance of the Indian nation, and not to Pak., says Gadkari”, The U.K. provides up to as retrograde.
count for Pulwama. India and Saudi Arabia have steadi documentary evidence. the Pakistan military army just a piece of land sans its February 22). It is against much as 60% tax relief on R. Narayanan,
ly built bilateral relations and taken great care over the The government, which is extends to terrorist groups people (Editorial, “Healing pacta sunt servanda, an investments in eligible start Navi Mumbai
past two decades to ‘dehyphenate’ them from ties bet supposed to be defending and eliminate all terrorist touch”, February 22). important principle in ups, to introduce more more letters online:
ween Pakistan and Saudi Arabia. IndiaSaudi Arabia ties them, appears to be bastions stealthily. Abdul Assis P.A., international law. capital into this riskprone www.hindu.com/opinion/letters/
treating the issue in a Thrissur, Kerala Governments should abide
were strengthened into a strategic partnership an Kshitij Mani Tripathi,
casual manner, especially Lucknow, Uttar Pradesh by the treaties they have corrections & clarifications:
nounced in 2010 in the Riyadh Declaration when Prime It was a 2020 match: The scorecard in “Rajasthan roars past
Minister Manmohan Singh paid a visit, and were bol as the numbers are ■ It is a strange situation signed. Denying anyone
Tamil Nadu in a onesided contest” (Sport, Feb. 22, 2019) erro
massive. ■ While expressing outrage at where we have the country access to water, the elixir of neously said that Rajasthan scored 181 for four in 21 overs.
stered by King Salman’s visit in February 2014 and Mr.
Dr. D.V.G. Sankararao, the Pulwama attack, a being united in ending terror life, will be depriving
Modi’s 2016 trip to Saudi Arabia. Pointscoring with Pa The opening sentence in “Alone, you are nothing, says Wenger”
Nellimarla, Andhra Pradesh distinction ought to be made but spewing venom against innocent citizens a basic (Sport, Feb. 21, 2019) erroneously said that Arsene Wenger once
kistan, or attempting to compare the outcomes of the between Kashmiri militants those from Kashmir. right. India should go for a called Jose Mourinho a specialist in failure. Actually, it’s the other
two visits, now only undermines the carefully built After Pulwama and innocent Kashmiris. The Targeting the people of pacifi c means of settlement way. It was Jose Mourinho who called Arsene Wenger that.
compact between New Delhi and Riyadh. The Pulwama attack is ostrichlike attitude of the Kashmir will never yield any of international disputes The Readers’ Editor’s office can be contacted by Telephone: +91-44-28418297/28576300;
disturbing and the current Union Minister concerned positive outcome. Rooting such as mediation and E-mail:readerseditor@thehindu.co.in
CM A ND-NDE
YK