Skip to main content

What's the cost of standing up for fundamental rights in India?

By Priya Pillai*
Sunday marked yet another black day for fundamental rights in India. Though these charter of rights are enshrined in our constitution, my experience on Sunday morning at the Delhi airport show that these are not equally accessible to all citizens.Early morning on January 11th 2015, I was to leave for London to address a British Parliamentary panel of the effects a London-based British company has on forest communities and regions in India.
I was stopped at immigration, my baggage was de-planed, the immigration officer claimed that this was being done on the orders of Government of India, and my passport was stamped with the word “offload”.
No further reason was given. On a day that several Heads of State, millions of people representing every possible cross section of society, marched for Freedom of Speech, a very poor precedent was set on the same by the largest democracy in the world.
As a lawyer and activist, this incident has only deepened my conviction to keep fighting for equality and freedom in our country.
I’ve been working in Mahan since 2011. Mahan is one of the oldest and largest sal forests in Asia. The local communities are dependent on the forest for their livelihoods and the forest is also home to several rare and endangered species. A portion of this reserve was earmarked for open cast mining. Not only would this displace the forest community, but also impact the livelihoods of thousands more who depend on forest produce; and impact the wildlife, water and air in the region.
Community members in Mahan formed the Mahan Sangharsh Samiti to protect their forests and rights under the Scheduled Tribes and Other Traditional Forest Dwellers (FRA) Act, 2006. The block had been allocated to Mahan Coal (a joint venture of Hindalco and Essar). Essar is a British company based out of London. I was invited by a British parliamentary panel to talk about my work with forest communities in Mahan. We have equally engaged with all major parties and relevant politicians and administrators in India on this issue, and continue to do so. 


The act of engaging all relevant stakeholders is part and parcel of my work as a member of Greenpeace and indeed the responsibility of any vibrant civil society in any functional democracy. Is my profession the reason I was singled out? Surely not, since that would be totally unconstitutional. In this case, the British parliamentary panel were stakeholders as much as the Indian political parties and parliamentarians we engage with.
They have the right to be informed of the actions of a British company abroad, and I have the right to supply that information and present the social and environmental impacts of the project – otherwise known as freedom of speech. The act was neither an attack on the Indian Government, nor a violation of the laws of our country. Then why was I debarred from leaving the country? The media has reported that my name was on a “lookout circular”.
A lookout circular is normally issued when a person is wanted in a case but is absconding; or a red corner notice is pending against him or a person is suspect in a criminal case and is feared to flee the country or has restraining orders from a court against him. I am a mother of a 9 year old son and i have spent the last 3 years away from my family with the community in Mahan to save their forest which they call home. Instead of issuing a look out notice they need to visit Mahan and speak to the community themselves.
Is working with forest communities a criminal activity? Is my fighting to protect fundamental rights the reason behind the Government’s action? In that case can we really call ourselves a democracy? Surely these cannot be the reason, since they go against the spirit of our Constitution completely.
I continue to look for the reason of this arbitrary display of power. The government continues its media inquisition and we have not heard directly from them. I have written to the Ministry of External Affairs and the Home Ministry. The totally baseless allegations that social organisations are affecting the GDP of our country also continue unabated with the Government offering no insight on how we managed to achieve this extraordinary feat, far beyond our powers in my opinion. A veil of silence seems to have descended and responsibility continues to be deflected, while ministry officials continue to assert they are oblivious.

I continue to be steadfast in my convictions and will continue my work to support rights, equality and freedom. This is not the first roadblock we have faced, and it won't be the last. We are facing a struggle with forces much larger and much more powerful, and the immense support I have received gives me the resilience to carry on.
---
*Forest Rights Campaigner with Greenpeace India. Courtesy:http://www.greenpeace.org/india/en/Blog/Campaign_blogs/whats-the-cost-of-standing-up-for-fundamental/blog/51850/

Comments

TRENDING

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

Two more "aadhaar-linked" Jharkhand deaths: 17 die of starvation since Sept 2017

Kaleshwar's sons Santosh and Mantosh Counterview Desk A fact-finding team of the Right to Feed Campaign, pointing towards the death of two more persons due to starvation in Jharkhand, has said that this has happened because of the absence of aadhaar, leading to “persistent lack of food at home and unavailability of any means of earning.” It has disputed the state government claims that these deaths are due to reasons other than starvation, adding, the authorities have “done nothing” to reduce the alarming state of food insecurity in the state.

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

What's behind Donald Trump's 'narco-state' accusation against Venezuela

By Manolo De Los Santos  The US government has revived its campaign to label Venezuela a "narco-state", accusing its top leadership of drug trafficking and slapping hefty bounties on their heads for capture. This campaign, which only momentarily took a backseat, is a strategic fabrication, not a factual assessment. This accusation, particularly amplified under the Trump Administration, is a calculated smokescreen to justify a long-standing agenda: the overthrow of the Venezuelan government and the seizure of its vast oil and mineral resources. A closer examination of the facts reveals a country that has actively fought drug trafficking on its own terms and a US government with a clear and consistent history of destabilizing independent countries in Latin America.

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

1857 War of Independence... when Hindu-Muslim separatism, hatred wasn't an issue

"The Sepoy Revolt at Meerut", Illustrated London News, 1857  By Shamsul Islam* Large sections of Hindus, Muslims and Sikhs unitedly challenged the greatest imperialist power, Britain, during India’s First War of Independence which began on May 10, 1857; the day being Sunday. This extraordinary unity, naturally, unnerved the firangees and made them realize that if their rule was to continue in India, it could happen only when Hindus and Muslims, the largest two religious communities were divided on communal lines.

Ground reality: Israel would a remain Jewish state, attempt to overthrow it will be futile

By NS Venkataraman*  Now that truce has been arrived at between Israel and Hamas for a period of four days and with release of a few hostages from both sides, there is hope that truce would be further extended and the intensity of war would become significantly less. This likely “truce period” gives an opportunity for the sworn supporters and bitter opponents of Hamas as well as Israel and the observers around the world to introspect on the happenings and whether this war could have been avoided. There is prolonged debate for the last several decades as to whom the present region that has been provided to Jews after the World War II belong. View of some people is that Jews have been occupants earlier and therefore, the region should belong to Jews only. However, Christians and those belonging to Islam have also lived in this regions for long period. While Christians make no claim, the dispute is between Jews and those who claim themselves to be Palestinians. In any case...

Fate of Yamuna floodplain still hangs in "balance" despite National Green Tribunal rap on Sri Sri event

By Ashok Shrimali* While the National Green Tribunal (NGT) on Thursday reportedly pulled up the Delhi Development Authority (DDA) for granting permission to hold spiritual guru Sri Sri Ravi Shankar's World Culture Festival on the banks of Yamuna, the chief petitioners against the high-profile event Yamuna Jiye Abhiyan has declared, the “fate of the floodplain still hangs in balance.”