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Not a single response of multiple petitions to Indian administration

2009-09-05T11:21:00.001-07:00

Dear Friends,

Johar!

I would like to share my experience of Petition Writings to so called V.V.I.Ps of Indian administration in India and abroad. Even the people working in overseas High Commissions and embassies behave as if they are still in India and have no courtesy of even acknowledging the letters.

During last 6 months I have written to the Governor of Jharkhand, Prime Minister of India. UPA Chairperson Mrs. Sonia Gandhi and the High Commissioner of India in London. And what happened, you can guess, not a single response came. Not even a simple acknowledgement from any of their offices. I am attaching all those letters and would urge all of you to spare few minutes to read them and tell me what else one can do to bring these issues to their notice.

Thank you for your patience.

Dhuni Soren

28.7.2009

The High Commissioner of India

India House

Aldwych

London WC2B 4NA.

Dear Sir,

Re; Governance of India.

I am one of the early emigrants to United Kingdom from the old state of Bihar and now Jharkhand area. As far as I am aware, I was the first ever tribal doctor to come to this country from old Bihar state. My love and affection for India and its people and in particular of tribal people has remained as strong as ever in spite of passing years.

I have managed to keep close contact with the people of my native place of birth in Jharkhand by regular visits over the years. During my annual visits I spend few months with them and actively participate in their socio-economic, social, cultural, language and literary activities. I also do some charity work in the area with the help and support of my family and friends in UK and extended family in India. I take keen interest in the progress and development of India and am proud of its achievements over the years.

But, I am pained and disappointed to see the poor state of the people of my native place in all aspects of their lives including general health care, sanitation, clean drinking water, infrastructure, electrification and livelihood.

During my last visit at the end of 2008 and early this year as usual I was in my village attending a blind relief eye camp at the referral hospital of the block head quarter .I was shocked to hear that a wall of the already dilapidated hospital collapsed during the camp but fortunately no one was hurt.

After seeing and hearing all these, I wrote a letter to the Governor of Jharkhand in March 2009 as the Presidential rule was already in operation to bring these to his kind attention and to take necessary actions. I was bitterly disappointed not to receive any response, not even an acknowledgement from his office.

I then wrote to the Prime Minister Dr. Man Mohan Singh with a copy to Mrs. Sonia Gandhi, the Chair person of UPA government forwarding the letter sent to the Governor of Jharkhand in March 2009.Its more than 5 weeks since I wrote to them and I am still awaiting some response from their offices.

The government of India has been encouraging the people of Indian origin living outside India in particular in the western countries to help and support its efforts in the development and progress of the country. They are not only encouraging business and financial investment but also seeking other expertise and goodwill from Indian Diasporas and NRI.

But in practice when ever people like me and other well wishers of Indian origin try to do whatever little they can, the response is rather disappointing.

I am writing to you with the hope that you may be able to bring these to the notice of government of India and various states of the union.

Thanking you in anticipation.

Yours faithfully.

Dhuni Soren (Dr)

Enclosures;

1. Letter to the Prime Minister dated 15^th June 2009

2. Letter to the Governor of Jharkhand dated 25^th March 2009

PS; Hard copies will follow soon.

15.06.2009

To,

The Prime Minister of India

PMO office

South Block

Raisini Hill

New Delhi 110 011

India

Dear Hon'ble Prime Minister,

Re: Presidential Rule in Jharkhand and its governance.

I am a concerned Indian Diasporas living in UK for more than 40 years and have profound love and affection for India and its people. I have managed to maintain a close contact with India and in particular Jharkhand, my birth place and its people by regular visits. I spend few months with them every year and try to do whatever I can to preserve and promote tribal culture, heritage, language and literature. I have also been organizing blind relief eye camp annually at my native village with the help of a local charitable trust and support of my family and friends in UK for last 19 years.

I came back on 24^th of April 09 from my last visit in the middle of great Indian Lok Sabha election and would like to congratulate you for the re-election of your government.

As usual I visited my native village Boarijor in the district of Godda in Jharkhand on 14^th of Feb. 2009 to participate in a Blind Relief Eye Camp held there at the Referral Hospital of the block.

I was very sad and disappointed to see the dilapidated conditions of the hospital buildings with no basic amenities and facilities and the lack of development of the area, the details of which are given in the enclosed letter.

I felt obliged to write to the Hon'ble Governor of Jharkhand at the end of March 2009 to bring these problems to his attention with high hope of quick response. But I am sorry to tell you that I am still awaiting response from his office which has compelled me to write this letter to you.

People of Jharkhand had high hope of better and efficient governance under the Presidential rule but their experience has been rather disappointing.

I have high hope and great expectation like most of the Indians for better and efficient governance from your administration without any fear, favor, prejudice and nepotism.

I would urge you to kindly look in to the conditions of Boarijor block and its people in general and Referral Hospital in particular and take appropriate actions to ease the hardship and suffering there.

Thanking you in anticipation.

Yours sincerely,

Dhuni Soren (Dr)

Copy to; Mrs. Sonia Gandhi, Chairperson, UPA Government, 10 Janpath, New Delhi.

Enclosure; 1 Letter to the Governor of Jharkhand dated 25^th March 2009.

BOARIJOR BLOCK AND SHOKING STATE OF ITS REFERAL HOSPITAL

From

Presently at;

Dr. Dhuni Soren

Saro-Lukhi Garh (Soren Villa)

Dangalpara- Jaruadih

Dumka

Jharkhand 814101

25.3.2009

The Governor of Jharkhand

Raj Bhawan

Ranchi.

Jharkhand, India.

Your Excellency,

Re: Poor state of Boarijor block and its referral Hospital

I was born and brought up in a tribal family at Boarijor and have been domiciled in UK for more than 40 years. But I still have love and affection for the people I have left behind. My father Late Ram Soren was a Manjhi of the village and Pargana of the area. He was honoured by the President of India in mid seventies for his outstanding and self less service to the local communities of the area and in particular tribal people.

He was visionary and far sighted and understood the importance of the block development office for the development of the area and its people in the Independent India. He was instrumental in bringing the block offices and hospital to Boarijor against all odds.

He gave his land for the hospital and girls school at the time of starting block in 1955 and persuaded the local villagers to part with their lands for the block offices and living quarters for the staff working there.

In mid 1980s, the government decided to shut down the original hospital which was close to the block office and nearer from the village and local bazaar. The hospital was popular and well attended and was safe for the patients and the staff.

The new REFERAL HOSPITAL was built in 1985-1986 with good intention but it was sited miles away from human habitation without consultation and informed consent of the local people.

As a result, it never functioned as a hospital because the patients and the staff were afraid of working and living there.

Apart from odd out patients, the hospital buildings have been empty all these years except for one week in a year when these are used for BLIND RELIEF CAMPS by a local charitable trust named after my late father. The PARGANAIT RAM SOREN MEMORIAL TRUST has been organising these camps regularly every year with the support of Medical Welfare Society, Liverpool, UK for last 19 years. There is no infra structure and basic amenities or logistic support available from the hospital as they have none and the patients and their attendants have to sleep on the floor.

I have been attending these camps regularly and have watched the slow but sure decline and disintegration of the hospital buildings. There are no shutters on the doors and windows and the buildings are crumbling and are unsafe to work and keep any patients even for a very limited period. During the last camp on 14^th of February2009, we had a fright of our life when one of the walls of a veranda collapsed in front of our eyes. Luckily no one was hurt.

Apart from the deplorable state of the hospital buildings, there are no medical officers posted there on regular basis. I met 3 well meaning and dedicated young doctors during the last Blind Relief camp there. They informed me that they are on deputation but they do not live there as there are no facilities for them and their families.

If that is the state of the REFERAL HOSPITAL, one can imagine the services at the Primary health care centres and to the communities at large.

The Profile of Boarijor block:

Boarijor is one of the 6 blocks of the district of Godda and is primarily a tribal block in the Damin-I-Koh

Total Population- 1, 13225
ST 60% 67,590 +10,800 (Paharia)
SC 3672
Literacy of general population; 33.56% (31,134) in comparison to 54.13% of the state.
Literacy of tribal people; 19% only

This block is one of the most backward, deprived and neglected in the state of Jharkhand and people are not awake to life and freedom in spite of 63 years of the Independence of India.

The majorities of the population are poor and live in the leaking thatched houses.
Still using primitive tools for cultivation and livelihood and migrate to the surrounding states for works after few months of harvesting.
Have no irrigation facilities and are dependant on Monsoon for their agriculture.
There is no electricity supply to the villages except for the coal mining areas of Lalmatia (Eastern Coal Field Limited), one of the biggest and surrounding villages.
There are schools and few colleges but the quality of education and retention of students is poor and the illiteracy amongst the tribal population is far below the rest of Jharkhand.
Health care is poor and inaccessible for the tribal people and have to depend on private practitioners and quacks if they can afford and herbal medicines resulting in premature and avoidable deaths.
Infants and maternal deaths are still high and unacceptable.
There is no clean and safe drinking water which can reduce the water borne diseases by more than quarter.
Roads from Lalmatia to Borio via Boarijor and from Boarijor to Bhuska in the west and Mirzachawki in the north are no better than when I left my village by bullock cart for England more than 40 years ago except that they were dusty and muddy then but now they are full of stone chips, gravels and ditches.
But there is a railway track running past tribal villages including Boarijor for goods trains only to carry coal to Farraka power plants but none for the travelling public.
No job opportunities for the majority of the local people for 9 months of the year except few hundred labouring and menial jobs in the coal mines.
Lack of jobs nearer home have resulted in migration of work force to urban towns and cities affecting social and cultural fabrics of the tribal people and become the victims of the modern day diseases of the HIV and AIDS.

I am saddened to see the pathetic conditions of the local people who are voiceless and helpless and no one to speak up for them. There has been very little noticeable development and progress in the area.

As a native of Boarijor village, I felt obliged to bring these facts of neglect to Your Excellency's kind attention for early investigation and appropriate actions to alleviate the suffering of the innocent and the poor tribal people.

Yours truly,

DHUNI SOREN (Dr.)

33 Longmeadow Road.

Knowsley

LIVERPOOL L34 0HN

ENGLAND

Tele-00441515464892

Email; dhuni.soren@btopenworld.com

Copies:

1.The Deputy Commissioner, Godda, Jharkhand

2. The Civil Surgeon cum CMO, Godda, Jharkhand.

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Stop 31 new opencast coal mines in Damodar Valley, Jharkhand

2009-07-20T03:06:00.001-07:00

We are a coalition of groups and individuals, both Indian and international, who are concerned about the devastation being effected by the rapid expansion of opencast coal mining in the Upper Damodar river catchment, also known as the Karanpura Valley in the Hazaribagh and Chatra districts of Jharkhand State, in eastern India, a richly forested and agricultural landscape with hundreds of ancestral villages belonging to indigenous Adivasi tribals, and peasant societies. We respectfully ask that you order an immediate stoppage to mining operations and an open and transparent review of how mine clearances are granted.

The State of Jharkhand was formed in 2000 to address the historical discrimination and disenfranchisement of the original settlers who had lived in the region before the establishment of present State boundaries, who are defined by ILO Convention 169 as Indigenous Peoples. Instead of protecting the land rights of these peoples the State is sadly failing to live up to its objective. Instead, the first decade of the State existence has been a free-for-all for mining companies, at a terrible cost to the original people and the environment. The Damodar River has become further polluted. Forced displacements of people from their homes have been accelerated. The unique and ancient landscape of the Chotanagpur Plateau is being sacrificed in a short-sighted rush for profit.

As an example of this, we would like to draw your attention to the coal mining scheduled to start shortly at Pakri-Bawardih near Barkagaon and over thirty other mines which have been allocated in Karanpura region. The rape of Jharkhandâ€™s indigenous rights, cultural and environmental heritage, is moving into a final stage. The fertile lands of the ancient Barkagaon landscape and the rest of the Upper Damodar watershed now slated for mining as Karanpura Coalfields are among the best agricultural lands in Jharkhand and have been farmed since before recorded history. A unique palaeo-archaeological stone-tool evidence of Early Man known as the Damodar Valley Civilization, prehistoric megalithic sites, and one dozen rock-art sites, the pride of Jharkhand, dated to over 8,000 years back which have been recommended to UNESCO as a Threatened World Heritage Site by INTACH, and over 200 villages where the famous Khovar and Sohrai art being a continuation of the rock-art tradition, and thousands of square kilometers of forests which are wildlife corridors for tiger and elephants and scores of rivers flowing through the peaceful green agricultural landscape will be gouged out into 300 feet mine pits running shoulder to shoulder down the Karanpura Valley, which will be in a stark lunar landscape incapable of supporting human or animal life. The famed forests which are reflected in the name of Jharkhand itself, the â€œForest Stateâ€�, will be gone. Many of the proud Adivasi people in whose name the State of Jharkhand was formed have already been reduced to being homeless beggars, unable to farm as their predecessors did. Many more will now be condemned to this fate, forced from their homes as has happened so often, sacrificed for the profits of a few companies.

This expansion has a considerable effect in terms of global warming, to which India is particularly susceptible. Carbon dioxide is the single greatest contributor to global warming leading to eco-catastrophic climate change, posing a severe threat to human life, including rising sea levels, melting of glaciers in the Himalayas leading to drying up of Himalayan rivers including the Ganges, and extreme sudden rise of temperature in the sub-continent. Monsoon and other climate characteristics are feared to change. Carbon dioxide particles in the atmosphere are already 50 parts per million in excess of world atmosphere danger levels and eminent scientists agree that the count-down to eco-catastrophe has already begun, with sea levels rising several meters. To avoid global eco-catastrophe in the near future experts are calling for an immediate reduction of 80 percent carbon dioxide emissions and withdrawal of 50 ppm Carbon Dioxide from the atmosphere at a cost of 20 trillion USD. The immediate reduction of carbon dioxide in the atmosphere has thus become a global concern. In this regard new opencast coal mines and coal-fired thermal power plants, which are acknowledged as among the greatest producers of carbon dioxide, are unjustifiable and unacceptable globally.

We request you to consider the above actions as violations of the following national and international Acts and Declarations,

1. United Nations Declaration on the Rights of Indigenous Peoples, Articles- 8, 10, 26, 29, 31, and 32.

2. The Scheduled Tribes and other traditional Forest Dwellers Act 2008, Sections- 3, 4 (5), and 5.

3. Biological Diversity Act 2002, Sections- 36 (2) which requires directives to the State Government to take appropriate action, where any area rich in bio-diversity is being threatened, and 36 (4i) to asses the environment impact of projects which are likely to have adverse affects on bio-diversity.

4. Human Rights Council Resolutions 7/23/2008 and resolution 10/04 15th June 2009 on the Implications of Climate Change, and report of Office of High Commissioner for Human Rights (A/HRC/10/61/ 2009) in regard to the relationship between climate change and human rights.

We petition Your Excellency to immediately order a stop to clearance of the mines which has been assured in six months from 26th June by the Governor of Jharkhand to the Minister for Coal.

Bulu Imam

Coordinator, Karanpura Campaign

Convener, INTACH Hazaribagh Chapter

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NO AMENDMENTS - LEAVE OUR RTI ACT ALONE

2009-06-17T23:29:00.001-07:00

Dear friends,

You will recall that in 2006, less than a year of the RTI Act coming into force, the Government of India (GOI) had attempted to restrict its ambit and use. The then Cabinet had approved a set of proposals to amend the RTI Act. This was never officially cirulated in the public domain. RTI advocators and activists managed to secure a copy of the proposals and circulated it widely. In addition to excluding file notings from the ambit of the Act the proposals sought to broaden scope of the exemption relating to Cabinet papers and add two new exemptions to the list mentioned in section 8. At that time the rationale for this exercise was "quote from official documents." FAQs displayed on the website of the Department of Personel and Training (DoPT) stating that 'file notings' were excluded from the definition of the term 'information' was taken as the bible. Much water has flown since then. The Central Information Commission (CIC) has repeatedly held that there is no rationale in the RTI Act for denying access to file notings unless one or more exemptions are applicable. CIC has also instructed DoPT to remove the misinformation regards file notings from its website. DoPT has stubbornly resisted to implement the orders of the CIC. CIC has recently issued a show cause notice for offences under the Indian Penal Code.

The Honb'le President of India in her speech to the joint session of Parliament has signalled that the government intends to 'strengthen' the RTI Act in 'non-strategic areas'. There has been no consultation on how the RTI Act is to be strengthened and the basis on which any amendment is being contemplated. However it is well known that the government is keen to restrict access to several areas of information which are prsently available on request. Give at the bottom of this message is the list of the amendments proposed by GOI in 2006 and CHRI's detailed objections to them. This document was prepared in 2006- we have not changed its tone in order to retain the flavour of the times.

What can you do to demand transparency and resist amendments?

Please send emails demanding your right to know and insisting on the public authorities to proactively disclose detailed reasons for rejection. Please also strongly voice your opposition to making any amendments to the RTI Act. A sample email is given below which you are free to adapt:

"Dear----------------------------,

I would like to exercise my right to know the detailed reasons behind the acceptance of some and the rejection of various other recommendations made by the Second Administrative Reforms Commission in its first report- Right to Information: Master Key to Good Governance. I urge you to place the entire contents of the file relating to the said report including all file notings on your website. I would like to remind you that you have an obligation to proactively disclose all facts relating to the decisions taken on the recommendations contained in the said report under clauses (c) and (d) of sub-section (1) of section 4 of the Right to Information Act (RTI Act).

As a citizen of India I would like to assert that there is no need to amend anything in the RTI Act which guarantees my fundamental right to seek and obtain information from public authorities.

Yours sincerely,

Name of the sender."

NO AMENDMENTS - LEAVE OUR RTI ACT ALONE."

Please send this email along with the slogan to the Minister and Secretaries mentioned below:

1) Mr. Prithviraj Chavan, Minister of State, Personnel, Public Grievances and Pensions, Government of India.

Email: mos-pp@nic.in or chavanprithviraj@sansad.nic.in

2) Ms. Rajni Razdan, Secretary, Department of Administrative Reforms, Ministry of Personnel, Public Grievances and Pensions, Government of India.

Email: rajni.razdan@nic.in

3) Mr. Rahul Sarin, Secretary, Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions, Government of India.

Email: secy_mop@nic.in

Please circulate this email within your networks. Please build up pressure against any attempt to amend the RTI Act. If each email group decided to send a 1000 mails from its members we could create some impact.

Venkatesh Nayak

Programme Coordinator
Access to Information Programme
Commonwealth Human Rights Initiative
B-117, I Floor, Sarvodaya Enclave
New Delhi- 110 017

Our Slogan: NO AMENDMENTS - LEAVE OUR RTI ACT ALONE.

BACKGROUND to the amendments proposed in 2006

On 15 June 2005, President APJ Abdul Kalam gave his assent to the Right to Information Bill 2005, which had been passed by the Lok Sabha (11^th May) and the Rajya Sabha (12^th May). The Central and State Governments were given 120 days to put in place systems and mechanisms to enable people to access information from public authorities. The RTI Act became fully operational on the 12^th of October from which date citizens started submitting information requests.

The controversy over file notings began soon after the RTI Act was notified in the Official Gazette. The Department of Personnel and Training (DoPT- the nodal agency for overseeing the implementation of the Act) declared on its website (http://persmin.nic.in) under Frequently Asked Questions (FAQs) about the new law, that 'file notings' as a category were not covered within the definition of the term 'information' given in Section 2(f). This clarification is bad in law because the DoPT cannot arbitrarily take away what is not explicitly exempted from disclosure under Sections 8 and 9 of the Act. CHRI wrote to the DoPT recommending that the misleading FAQ about file notings be removed from its website. Despite vociferous protests against such misinformation from civil society groups and RTI activists the DoPT continued to maintain its position on the subject. Subsequently the Union Ministry of Home Affairs also issued a circular to all of its Public Information Officers and Appellate Authorities quoting the DoPT's clarification as the position to adopt on the issue of file notings.

Later in December that year, in a bid to defuse the controversy, the Prime Minster issued a directive to the DoPT to allow access to file notings that related to social and development issues. It appears that the establishment wanted to posture itself as being pro-transparency by allowing access to some file notings that it thought ultimately mattered to people. CHRI once again wrote to the Prime Minister and to the DoPT clarifying that neither office could effect such changes without Parliamentary approval. Withholding some or all file notings from disclosure requires specific mention of the same in the exemptions clause of the RTI Act. This change cannot be made through executive fiat but only through an amendment to the Act approved by Parliament.

Thereafter file notings continued to be a focus area for discussion and debate with government officers and activists taking opposing positions regarding disclosure. In January 2006 the Central Information Commission (CIC) brought some clarity to the issue when it ruled that file notings, being an integral part of a file opened on any subject, were covered by the definition of the terms "information," "record" contained in the RTI Act. The CIC, in support of its decision, argued, "If the legislature had intended that 'file notings' are to be exempted from disclosure, while defining a 'record' or 'file' it could have specifically provided so". By the middle of June 2006 when the Government drafted an amendment to restrict access to file notings the CIC had reiterated its position in eight cases and allowed access to file notings in at least six.

Meanwhile the DoPT and other Ministries in the Union Government continued to work on the PM's directive about disclosure of file notings in social and development related matters. The secrecy that surrounded this process contrasted with the openness and civil society participation that characterized the exercise of drafting the RTI Bill in 2005. In a press release dated 26 July 2006, the Prime Minister's Office reaffirmed the DoPT's position that the existing legislation did not provide access to file notings and that an amendment was being proposed to make certain kinds of file notings relating to plans, schemes and programmes of the Government concerning development and social issues accessible to the people.

The press release also mentioned that the proposed amendments would add to the existing role and responsibilities of the Central and the State Information Commissions and give them additional powers to facilitate better implementation of the Act. The Government announced its intention of tabling these amendments during the monsoon session of Parliament beginning in July. However the Government failed to release in the public domain an authentic version of the text of the proposed amendments. This decision evoked sharp criticism from various sections of the press and civil society. CHRI also protested against this move. Later on members of the National Campaign for People's Right to Information and activists of the Mazdoor Kisan Shakti Sangathan and Parivartan managed to procure a copy of the tentative draft of the proposed amendments and circulated it amongst the media at a press conference held in Delhi on 3 August 2006.

Activists and civil society groups formed the 'Save RTI Campaign' in response to the Government's move to curtail the scope of 'information' accessible under the Act. Citizens and civil society groups from around the country sent postcards and signed petitions urging that the proposed amendments be dropped as they were contrary to the UPA Government's promise, of making the RTI Act more progressive, meaningful and participatory, contained in its Common Minimum Programme, announced in 2004. Demonstrations and street ballots were held in Delhi, Mumbai and other cities in order to mobilise public opinion against the proposed amendments. By the middle of August, sensing the public mood, both Communist parties which support the Government and the Opposition, publicly announced that they would oppose the amendments in Parliament. The Government subsequently backtracked and did not table the amendments during the monsoon session. However the threat of amendments to restrict the scope of the Act has not gone away as the Government might bring them back during the winter session of Parliament or later next year.

Secrecy in Bureaucracy – the Legal Basis

The colonial administration in India thrived on the culture of secrecy and post independence, the same culture remained in place because of the Official Secrets Act (OSA) of 1923. Any officer who passes on information contained in government records and files to any other person or any other officer, without proper authorisation, is liable for punishment under the OSA. Similarly any person who is found to be in possession of government records or copies of such documents, without proper authorisation, is also liable for prosecution under this law. In essence, through the OSA the colonial administration established a regime of secrecy that covered all government work. Secrecy was the norm to be followed and transparency and access to government held information only an exception. The Government had the privilege to decide what information would be given to the people what it could hold back. The rules and instructions drawn up under OSA also required public authorities to classify documents and records into 'confidential', 'secret' and 'top secret' categories restricting access even within bureaucracy. In fact these norms of classification themselves have long been hidden from public view as they are marked 'top secret'.

As a result, the natural inclination of government officials to limit sharing of official information beyond a small circle and to resist attempts to penetrate its internal activities by those considered as "unqualified outsiders" has generally been tolerated by society at large since the pre-independence era.

WHAT ARE FILE NOTINGS?

Whenever a government office decides to take action on its own or on the basis of an application made by or representation received from a citizen or group a file is opened on the subject. The government officers involved in any normal decision making process may range from lower division clerks to the secretary of a ministry or even the concerned Minister. Under the normal bureaucratic practice, the files relating any government activity move from one officer to another - both vertically and horizontally within the bureaucratic hierarchy - before a decision is reached or a policy is made. Files may move from the originating department to other regulatory departments such as the finance and law departments where officers may give their opinion on legal and budgetary implications of the action that is being proposed to be taken. Normally, each time a file or document changes hands within the bureaucratic system and hierarchy, the officer handling that file makes his written remarks/ observations/recommendations and gives his opinion. While recording one's notings on a file an officer may - advise a course of action or suggest an alternative; record one's objections to a course of action being contemplated; make remarks about increasing or curtailing expenditure; seek explanations about any aspect of the topic under consideration from one's subordinates or record any other point that will add value to the decision making process. The final decision taken on a case is also a part of the file notings contained in that file.

(a) File notings according to The Manual of Office Procedure

The Manual of Office Procedure (MOP), issued by the Central Secretariat contains a clear definition and understanding of the phrase file notings. The MOP is a basic operations manual that guides public servants working under various Departments of the Government of India to carry out their lawful duties. The term 'file' – is defined in the MOP as a collection of papers on a specific subject matter and assigned a file number consisting of one or more of the following parts[1]–

(a) correspondence;

(b) notes;

(d) appendix to notes.

The term 'note' is defined in the MOP as the remarks recorded on a case to facilitate its disposal. It includes a summary of previous papers, a statement or an analysis of the questions requiring decision, suggestions regarding the course of action and final orders passed thereon.[2] The term 'notes portion' is defined in the MOP as that portion of a file containing notes or minutes recorded on a case.[3] In effect the Central Government has clearly recognised in the MOP that notings made by officers are an inseparable and integral part of any file opened on any matter.

The procedure for disclosure of file notings is also given in the MOP which belies the argument that it is a class of information that ought to be kept secret for all times. The MOP states that the notes portion of a file will be ordinarily treated as confidential. Disclosure to any authority outside the department will require a general or specific consent of the department to which the file belongs.[4] As the RTI Act overrides not only the OSA but all other laws in existence at the time of its enactment this provision is also superseded. Furthermore as the RTI Act does not include 'file notings' in the category of ordinarily exempt information under Sections 8 and 9 every citizen has a right of access.

(b) File Notings according to The Public Record Rules, 1997

Parliament passed The Public Records Act in 1993 in order to facilitate time bound declassification and archivisation of important government records. The Rules for implementing this Act were made in 1997. The Public Record Rules issued by the Government of India to facilitate implementation of this Act define a 'file' in a manner similar to that contained in the MOP. File is defined as "a collection of papers relating to the public records on a specific subject matter consisting of correspondence, notes and appendices thereto and assigned with a file number." [5] No distinction was made between file notings and other contents of a file when it was ripe for declassification or archivisation. They are to be treated as part of an integral whole.

(c) Interpretation of key provisions of the RTI Act relating to 'file notings.'

The RTI Act itself does not contain the phrase 'file notings'. The term 'file' is mentioned in Section 2(i)(a) of the Act as being illustrative of a 'record'. By implication, all correspondence, statistics, notes and opinion recorded by officers as part of the decision making process, annexes and other papers that are part of a file are covered under this term without exception. Furthermore Section 2(f) of the Act defines 'information' in an inclusive manner, and illustrates the kinds of materials that are understood to be 'information' within the meaning of that section. This definition includes opinions and advices recorded by officers on paper or sent by email. File notings are nothing but the opinion and advice recorded by various officers who are part of the chain of decision-making on any issue. As notings of officers are an integral part of a file and are included within the meaning of the terms – 'record' and 'information' every citizen's right to information extends to 'file notings' as well.

(d) The Central Information Commission's Ruling on File Notings

The Central Information Commission (CIC) gave its ruling on the status of file notings vis-à-vis the disclosure under the RTI Act in January this year.[6] It held that notings were covered by the definition of the terms 'information' and 'record' contained in the Act. Only those file notings which attracted the exemptions to disclosure mentioned in Sections 8 and 9 of the Act need not be disclosed unless there was a larger public interest involved. The CIC argued – "In the system of functioning of public authorities, a file is opened for every subject/matter dealt with by the public authority. While the main file would contain all the materials connected with the subject/matter, generally, each file also has what is known as note sheets, separate from but attached with the main file. Most of the discussions on the subject/matter are recorded in the note sheets and decisions are mostly based on the recording in the note sheets and even the decisions are recorded on the note sheets. These recordings are generally known as 'file notings'. Therefore, no file would be complete without note sheets having 'file notings'. In other words, note sheets containing "file notings" are an integral part of a file. Sometimes, notings are made on the main file also, which obviously would be a part of the file itself." The CIC is of the firm view that, in terms of the existing provisions of the RTI Act, a citizen has the right to seek information contained in "file notings" unless the same relates to matters covered under Section 8 of the Act.

The Proposed Amendments regarding File Notings

Three of the proposed amendments (Parts 2 and 3 of the tentative Draft Amendment Bill) will in effect deny citizens access to all file notings opinions, advice, suggestions and recommendations recorded by officials in the course of their routine work.

The first amendment is about changing the definition of the term 'record'[7] in order to exclude from its purview file noting "except substantial file notings on plans, schemes, programmes of the Central Government or a State Government, as the case may be, that relate to development and social issues;" In effect all file notings that do not relate to social and development issues will be exempt from disclosure if this amendment is carried through.

The second amendment is aimed at granting anonymity to officers in those cases where file notings can be accessed if they relate to social and development issues. The newly proposed subsection 8(1)(k) reads – (Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,) "information relating to identity of any individual, or group of individuals, who made inspection, observations, recommendation, or gave legal advice or opinion or referred to in any minute relating to plans, schemes, programme of the public authority which relate to development and social issues:" A proviso is to be added to this subsection which reiterates the position mentioned in the first amendment mentioned above – "Provided that a citizen shall have a right to information in respect of plans, schemes, programmes of the public authority relating to development and social issues other than those exempted under clauses (a) to (m) of this sub-section;". In other words even where access to a file noting is granted Citizens will no longer have the right to know the name and designation of officers who gave their opinion/advice on any matter when it was pending before the government even after a decision has been taken.

The third amendment is aimed at effectively barring access to all file notings, advice and opinion tendered by officers before a policy is formulated or a decision on a pending matter is actually made. The newly proposed subsection 8(1)(m) reads - (Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,) "copies of noting, or extracts from, the document, manuscript and file so far as it relates to legal advice, opinion, observation or recommendation made by any officer of a public authority during the decision making process prior to the executive decision or policy formulation." This amendment will deprive citizens access to information regarding any decision-making process before the decision is actually taken.

What is wrong with these amendments?

a) The RTI Act enables citizens to exercise their fundamental right to access information held by public authorities. RTI is subject to exemptions mentioned in Section 8 of the original Act which are by and large in conformity with the list of reasonable restrictions mentioned in the Constitution. By severely limiting access to file notings the Government will impose an unreasonable restriction on the citizens' fundamental right to information. In effect the Government is asking Parliament to violate the caveat provided in Article 13(2) of the Constitution that no law will be passed by Parliament or State legislatures that will take away or abridge fundamental rights in any manner.

b) These amendments will deliver a body blow to the very objective of the RTI Act namely, "to hold Governments and their instrumentalities accountable to the governed." Accountability is a key attribute of good governance recognised the world over. It is not adequate for the purpose of entrenching accountability if access is provided only to the final decisions of a public authority. People have a right to know the details of the decision-making process including the concurring and dissenting opinions expressed by all officers involved. Transparency in the decision-making process will ensure that officials will record on files only such opinion and recommendations that have a basis in law and established norms and legitimate procedures.

c) It is well known that considerable amount of discretionary powers are vested in the hands of the executive to carry on the day to day administration. Restriction on access to file notings and the granting of anonymity to officers making such notings will only encourage unscrupulous and corrupt elements in the administration to act with impunity. Transparency on the other hand will ensure that all officers will give their opinions and act in a responsible manner as they will be subject to public scrutiny.

d) The Government claims that the proposed amendments will allow access to file notings on development and social issues. However in the absence of clear definitions of such terms, these amendments will only increase the discretionary power of officers to deny access to file notings on a majority of issues. The newly proposed sub-section 8(m) is likely to be misused to deny access to recorded opinions and observations of officials on all matters before the final decision is taken.

Since July 2005 CHRI has conducted training and sensitisation workshops on the RTI Act for more than 3,150 officers at the Central level and in 15 States. We have found that a large section of officers are in favour of making file notings accessible to people as they believe such a move would encourage more responsible opinion giving and decision making in government.

OTHER AMENDMENTS PROPOSED TO THE RTI ACT

(a) Restricting access to cabinet documents

Currently citizens have a right to access not only the decision of the Council of Ministers after it has been taken and the matter is complete or over but also the reasons behind the decision and the materials that formed the basis for that decision. Access to Cabinet papers is denied under Section 8(1)(i) of the Act only so long as the decision is pending. The newly proposed proviso to this clause takes away the citizens' right to access the material on the basis of which decisions of the Council of Ministers are taken. In effect people will be deprived of the right to know what kinds of materials were put up by the officers suggesting a course of action on any matter that requires cabinet approval.

What is wrong with this amendment?

The newly proposed proviso to sub-section 8(1)(i) also amounts to imposing unreasonable restrictions on the citizens' right to access papers relating to the decisions taken by the Council of Ministers. The people have a right to know not only the final decisions of the Council of Ministers but also what is contained in the materials that officials put up for its consideration. High standards of transparency should apply equally at all levels of decision-making from the lowest to the highest.

(b) Restricting access to exams related information

The newly proposed sub-section 8(1)(l) seeks to bar access to information that may adversely affect the objectivity or fairness of recruitment, examination and evaluation processes.

What is wrong with this amendment?

The RTI Act in its current form does not specifically exempt access to information whose disclosure may adversely affect the objectivity and fairness of examinations, recruitment and promotion processes conducted by a public authority. The Central Information Commission has also denied candidates access to their answer scripts after evaluation because they argue –

a) answer scripts are personal information of the candidate with no relation to any public activity or public interest and

b) they are protected by the fiduciary (trust-based) nature of the relationship between the public authority conducting the examination and the examiner who evaluates the answer script.[8]

This precedent has been followed by other State Information Commissions in the country to deny access to evaluated answer scripts to candidates.

This amendment is vaguely worded and provides public authorities with an excuse to deny access to information relating to recruitment and an examination even after the process is complete. Secrecy in examination and selection processes allows bad decisions, favouritism and even nepotism to go unchecked, because examiners and assessors are never required to publicly justify their decisions.

(c) Widening the powers of the Information Commissions

The newly proposed sub-sections 18(5) and 18(6) are intended to widen the scope of the powers granted to the Central and the State Information Commissions. These Commissions will be empowered to undertake research, develop guidelines, conduct workshop and conferences and provide advice to the Governments as regards the implementation of the RTI Act.

What is wrong with this amendment?

This amendment no doubt increases the range of activities that Information Commission can proactively undertake in order to promote the implementation of the RTI Act. However the newly proposed sub-section 18(6) states that the decision of the Government in relation to the recommendations made by the Commissions under this section will be final. Section 18 is an all important provision that empowers Information Commissions to directly receive and inquire into complaints received from citizens regarding non-compliance with the provisions of the RTI Act. Ensuring compliance with the decision of the Information Commissions would be next to the impossible if the respective Governments are given the choice of accepting or rejecting it. This proposed amendment severely curtails the power of the Information Commissions and reduces them to being mere recommendatory bodies.

[1] Entry # 27, para no. 1, Chapter II.

[2] Entry # 38, Ibid.

[3] Entry # 39, Ibid.

[4] Para no. 118(1), Ibid.

[5] Section 2(g).

[6] Satyapal v CPIO, TCIL. Appeal No. ICPB/A-1/CIC/2006, decision dated 31^st January, 2006 accessible at http://cic.gov.in

[7] Section 2(i)(d) of the RTI Act, 2005.

[8] Treesha Irish v CPIO, Kerala Postal Circle, Trivandrum, Appeal No.ICPB/A-2/CIC/2006, decision dated February 06, 2006 accessible at http://cic.gov.in This position has been reiterated in later decisions of the CIC and is being followed by other State Information Commissions as a precedent.

Stop misuse of media in elections

2009-05-14T08:34:00.001-07:00

We, the citizens, are deeply concerned about the blatant misuse of print and electronic media by parties and candidates contesting the Lok Sabha elections in 2009 and about the media allowing itself to be abused. This constitutes a gross breach of trust with the reader/viewer who expects unbiased and fair news coverage during elections. Moreover, the media, blatantly violating the Press Council of India's Guidelines of Election Reporting -1996, stands discredited so far as its role as fourth pillar of the democracy is concerned.

The distinction between news, views and political campaigning (read advertising) is no longer clear. The use of 'advt' or 'marketing media initiative' tag in small font-size printed is not sufficient to inform the reader whether the content is news, views or paid advertising by an election candidate. Some newspapers don't even care to put this small print.

Broadly speaking, the influence of marketing heads is growing over the influence of editors within media houses in decision-making related to the content. The person who collects advertisements for media and acts as a correspondent, is often the same in smaller districts and sub-district places. These people enjoy due media accreditation and often promote those who issue advertisements (and block those who don't).

The amount which is spent on paid advertising, advertorials and other manners like 'marketing media initiative' and likes, to solicit earned and paid media coverage of a candidate during elections, often crosses the spending cap of Rs 25 lakhs. Hence, media is colluding with parties and candidates in violating the model code of conduct during elections. Moreover, the transactions for advertisements in the garb of news items are not even shown in the records. Newspapers are not required to file financial statements to their regulatory authorities as a result of which it is difficult to know their exact incomes or the sources on this account. They should be required to do so partywise & candidatewise so that the figures given by the candidates may be cross-checked.

There is a need to enact a law to regulate political parties. The ceiling should be all inclusive covering expenditure by friends & relatives also which is not included at present and is used to flout the ceiling. Also the penalty on violating the spending cap in elections should be more severe and applicable on the current election cycle as well. Presently the action taken on violating the spending cap is applicable to next election cycle only, which is clearly not a deterrent.

The electronic media must also have an equivalent of a Press Council to govern their conduct.

We also support the growing demand for all newspapers to appoint an ombudsman to inquire into complaints against them.

But, fundamentally, we would like to see the media go back to its non-partisan role of being the watchdog of democracy. It should not compromise its independent position for the sake of commercial interests. When people are losing faith in the democratic institutions of the country the media should not accelerate the degeneration. It is expected to play a role in restoring people's confidence in democracy.

- This is a statement produced by some citizens after reviewing the Press Council of India's Guidelines for election reporting (1996), BBC guidelines for election reporting, the Press Act of India, and other such documents, and newspaper coverage during 15th Lok Sabha elections in India.

Police firing near Kathikund in the district of Dumka on 6th December 2008

2009-01-26T21:58:00.001-08:00

To,

The Governor of Jharkhand.

Your Excellency,

We the ordinary people of Jharkhand have high hopes and aspirations since imposition of Presidential rule in the state.We expect good governance, fair play, justice and protection of human rights and development of Jharkhand.

In this connection, we urge you to institute an urgent Judicial Enquiry to find out the causes of police firing on the Adibasi people who were protesting against acquisition of their lands and displacement killing some and injuring many including some security personnel.We hope, you would pay your kind attention to this to diffuse the local situation which has almost become a no go area for the local administration compounding the the mistrust and the miseries of the Adibasi people.Some people including some injured are still in prison awaiting trial and justice.

I would request Your Excellency to take urgent action in this connection to reassure the local people of fair play and justice in your administration.

Thanking you in anticipation.

Yours Faithfully

Dhuni soren (Dr)

Dangalpara, Dumka. Jharkhand

dhuni@jharkhandi.com

Copies to

The President and The Prime Minister of India

Sampurn Jain Samaj Bhyabhit, Suraksha Prabandh me kamjor Sarkar ke Prati Akrosh

2008-12-26T13:40:00.001-08:00

To,
The Chief Minister,
Jharkhand State

Jain Pilgrims from Mumbai City looted in Jharkhand

Mumbai : At least 75 Jain pilgrims from Mumbai, going to a temple at Madhuban in Jharkhand's Giridih district, were stopped by a 12-member gang of dacoits who entered their buses and took away money, ornaments, mobile phones and watches. The pilgrims were part of an 850-member group, including women and children, who had arrived in Parasnath from Mumbai on Tuesday by a special train. Around 9 pm on Tuesday evening, they left Parasnath for Madhuban, which is about 50km away, in 50-odd vehicles. The vehicles ran into a barrier erected by the robbers at Dumri Mor.

The gang, armed with lathis and iron roads, pulled out the drivers and smashed the vehicles. "I was in a Car. The robbers looted Rs 5 lakh from me and snatched the ornaments of my wife. They took away Rs 37,000 from those in the car behind us and Rs 11,000 from another,'' said Rajnibhai Shah, 57. Pilgrims said mobile handsets and even spectacles were snatched from them. "When I resisted, they assaulted me,'' Shah said.

In his bid to escape, a panicky driver ended up driving his vehicle into a roadside ditch. The occupants were injured, and later looted. Eyewitnesses said at least 17 vehicles were looted in two hours. Giridih SP A V Minz told reporters on Wednesday that cops had been sent to the area and an FIR was registered. The Dumri Mor-Madhuban road is notorious for road robberies and Maoist violence. Wary of red terror, the state government last week cancelled the two-day Sri Shikharji Mahotsava in Madhuban from December 22.

The entire Jain community should feel concerned about this happening and take appropriate action at whatever levels, necessary.

Bharat Solanki -

President

Marwad Jain Sangh Mumbai

PETITION FOR CHANGE | E-mail: petition@jharkhand.org.in | Website: www.jharkhand.org.in/petition

No VIPs - Time for an Equality of Citizens Act

2008-12-07T21:27:00.001-08:00

No VIPs - Time for an Equality of Citizens Act

By Harshad

The chiefs of the 3 armed forces were recently exempted from security checks at airports. In the build up to this decision, you got quotes like "It is a shame that India cannot accord a small privilege for those who guard the country". Since anything related to the forces always gets linked to patriotism and national pride, so naturally references to the same were made from all corners. Finally the government gave in and extended the privilege of exemptions from security checks. The minister added that it was "absolutely appropriate" that the people who defended the country's borders should not go through the security check exercise. So ended the matter. The VIP list for exemptions got a little longer for another service. "No big deal. All's well that ends well. Right?"

Not really. The basic premise for this or any VIP privilege is that a certain person's time or pride is more important than that of ordinary citizens like you and me. This goes completely against my understanding of democracy and people's rule. VIP privileges for a chosen few cannot be a part of a democracy. It's understandable if a dictator is a VIP, but in democratic India, no minister, politician, military officer or even the Prime Minister can be a VIP. He is just another citizen of India chosen to lead and not to rule. Privileges to bypass the queue is just one aspect of the mammoth VIP baggage that the nation carries. In a supposed equitable society, the time and pride of my cook, driver, my boss or the Prime Minister of India should have the same value, at least on paper. There cannot be a government sanction for discrimination.

Why should ordinary folk stand in serpentine queues at security checks, immigration and a million other places, while bureaucrats, ministers and sundry zoom past through special lines? Why does a government sticker on a vehicle exempt it from paying road tolls and gets it through the special VIP lane while you and me wait for our turn to pay the government? Why can VIP families get tickets on any mode of transport at the last minute while the ordinary citizen has to book months in advance? I can go on and on about the privileges enjoyed by VIPs while the masses suffer. The fact is that we have got used to treating our administrators and ministers as our rulers and masters. If we behave like subjects we are going to get pushed around.

When a person spends his own money to get ahead in a line, our law calls it a bribe and labels the person a criminal. But on the other hand we sanction line jumping and special privileges for all kinds of public servants. Isn't that unfair? It seems like the only way to be special in India is to grab a government chair by hook or crook. Some might argue that these people are doing public service and so are special. Although "they are doing their job" is closer to the truth, even if we assume that they are doing public service, they still cannot get the liberty to bypass the law applicable to other mortals. Thinking of it, if in reality they are servants of the society, they should volunteer to be the last ones in the queue.

Even a Narayan Murthy or a Ratan Tata traveling to seal a deal that will get employment to 1000s in India has to stand in queues and suffer multiple security checks. I have even seen the CEO of one of the biggest software companies in the world have to push and shove his way through chaotic security checks at Mumbai following the liquid bomb scare a few years back. So if one is to think that important people are VIPs, that isn't true. I anyway am not asking for exemptions for any businessmen but for equity.

Being a VIP is an addiction, a bad habit that does not go away. Once you get used to always getting preferential treatment, you not only misuse it but also do anything required to keep it. The desire to get continued VIP treatment is an important reason why politicians will do anything to grab and keep power.

Also once we start applying the "we guard the borders" or "we are public servants" logic to justify preferential treatment, there's just no end to it. By that logic, the army men who park in "no parking" zone and expect special treatment at railway stations and airports are also justified.

Haven't we heard in hundreds of speeches that the law is equal for all? So it's a bit disappointing that none of our VIPs volunteer to not use VIP privileges. Isn't there far more dignity and pride in being an important man and yet not wanting to misuse that importance. Also if politicians stop being VIPs, we would certainly see a reduction in the mistrust and dislike for politicians that we see amongst the masses today. If I am not mistaken, a certain Mr. Gandhi spent his life living like the common man. A true nationalist / democrat must get in line along with his countrymen.

Activists across India toiled hard for many years to get the ordinary Indian the Right To Information. I think it's time we started work on an Equality of Citizens Act.

First Published as "Time for Real Equality" in the Maharashtra Herald

Regards,

Moderator,

Jharkhand Forum Hot Discussion Series

--
Moderators,
Jharkhand Forum
E-mail: forum@jharkhand.org.in
http://www.jharkhand.org.in/forum

Have you faced any problems while using RTI?

2008-11-24T10:37:00.000-08:00

Dear All,

1. Have you faced any problems while using RTI?

2. What sort of problems have you faced?

3. Accordingly, what changes would you suggest in which specific clause?

The RTI Act is openly available for everyone at http://www.jharkhand.org.in/Jharkhand_Forum_RTI_Act_2005.pdf

4. In what ways is RTI being misused? What problems is such misuse causing?

5. If you have not used RTI to resolve your problem, why not?

Indian Parliament is inviting suggestions on the implementation of the RTI ACT 2005.

So do send your suggestions to rs-cpers@sansad.nic.in with a cc to Jharkhand@yahoogroups.com for wider dissemination and discussion.

Regards,

Moderator,

Jharkhand Forum Hot Discussion Series

http://www.jharkhand.org.in/Jharkhand_Forum_RTI_Act_2005.pdf

--
Moderators,
Jharkhand Forum
E-mail: forum@jharkhand.org.in
http://www.jharkhand.org.in/forum

The Threat of Genetically Modified Food is now nearly here!!

2008-10-01T17:49:00.001-07:00

To,

The Health Minister, India

Dear Dr Anbumani Ramadoss,

We write to you to address a matter of the greatest importance to our health and the state of our world. Given that you are a man of scientific temperament and your party, PMK, was the first party in India to take a strong stand against GM (Genetically Modified) crops/foods, We believe that you would respond to my urgent concern. There is overwhelming scientific evidence that the process of Genetic Engineering alters the nature of our food in unpredictable and irreversible ways. Further, during animal studies including ones conducted by GM companies themselves, evidence linked GM food with organ and tissue damage, adverse effects on growth and development, decreased immunity and even ill effects on children. Nutritional composition of foods is also known to have changed.

Despite such evidence and despite the fact that majority of countries outside India have rejected GM crops/foods, there is an imminent danger of Bt Brinjal being launched in India. The biosafety of this Bt Brinjal is questionable and decisions are being made only on the basis of some data provided by the companies themselves! Brinjal is known for its beneficial health uses and the entry of Bt Brinjal might endanger this. No independent research has been taken up to ascertain the comprehensive safety of Bt Brinjal, not even from your Ministry. You have the power and responsibility to prevent an irreversible health catastrophe and to do what is right for the millions who have vested their trust in your chair.

Mr Health Minister, do not test this technology on us. We urge you to put an immediate stop to all GM food trials in India including on Bt Brinjal as also on GM food imports into the country.

With warm regards, and anticipating positive response from your side, we remain,

Yours sincerely,

LIVING FARMS TEAM,

1181/2146, Ratnakar Bag 2,

Tankapani Road,

Bhubaneswar - 751018.

Ban Bajrang Dal - Anti-Christian Attacks in India

2008-09-27T21:30:00.001-07:00

* The UN Secretary General
United Nations Organization

* Prime Minister of India

South Block, New Delhi – 11

* Heads of States, incl. India
C/o Ambassadors, India & Abroad

* Human Rights Activists & International Civil Society

Dear World,

The Catholic-Christian Secular Forum (CSF) and thousands of others, representing civil society at large, wish to present this memorandum, with an SOS plea for action, before more lives and property is lost in the ethnic cleansing of Christians in India. I write this petition with tears in my eyes, knowing that our help will come from the LORD and those like you, whom He will use to get justice & freedom for HIS persecuted people. I promised the hundreds of victims – babies, women, nuns-priests-pastors & innocent others - whom I personally met, that I would at least tell the world of their desperate situation and appeal to the international conscience to act by signing this petition.

The CSF is India's only ISO 9001:2000 certified NGO for "undertaking community development programs for human rights, social service, medical aid, education, charity & relief " of the laity, supported by the clergy. The certification is by the Joint Accreditation Service of Australia & New Zealand. I, Joseph Dias, as General Secretary of this Mumbai-based NGO have repeatedly visited the many states affected by communal violence, as part of various fact-finding missions and wish to urge all right-thinking persons to please join me and other concerned secular minded world citizens, in appealing to the above, to act before India flares up in communal frenzy, as has been in the past. Hundreds lives (as in Gujarat) can be lost and destruction worth millions of US$ wrought, if no action is taken.

Among those who have recently spoken out against the anti-Christian violence, include countries like Italy and EU nations, religious like the Pope, Swami Agnivesh, Cardinals & Bishops, besides heads of various NGOs, faiths & communities. These have been joined in by parliamentarians & prominent human rights crusaders, like Mahesh Bhatt, Teesta Setalvad, Javed Anand, Ram Punjani, Dr. John Dayal, Dr. Abraham Mathai, Dr. Azimuddin… A number of former Judges of the various High Courts (S. Suresh, Kolse Patil, Michael Saldanha, etc.) and Director Generals of Police (R.B. Sreekumar of Gujarat and FTR Colaso of J&K, etc.) have also lent their voice to the cause on various platforms, supported by The CSF and others.

Here is what we find horrifying & reprehensible :
1) The attacks on Indian Christians, Minorities and innocent others have not been restricted only to a single state but nationally across at least 7 states since last Christmas, where it first erupted in Orissa. Other states affected include - Karnataka, Madhya Pradesh, Maharashtra, Chhatisgarh, Jharkhand, Rajasthan, Gujarat, Kerala…and even New Delhi. The attacks are premeditated, carried out as a military-type operation, with clinical precision, not known to fail over the last 6 months and increasing by the day.

2) The attackers are the right-wing Hindu Saffron Brigade or its associates like Bajrang Dal – RSS – VHP, with the tacit approval of the state government and in most cases with BJP state governments or its sympathisers within the police and among officials, who abet & participate in the criminal destruction of life & property. The objective is to wipe out Christianity from India, marginalize Christians to the periphery of the mainstream, make Christians subservient to the majority, cripple the community economically, foist a Hindu party at the helm in the elections, perpetuate a caste-ridden Hindu society, convert tribals to Hinduism, re-convert minorities….. The union UPA government is dithering to act in view of incurring the wrath of Hindus, who comprise 80% of India's population.

3) The victims are thousands of low caste (Dalit) or tribal Christians in the rural areas and helpless clergy and laity in the urban areas, who are soft-targets. Most of these are denied their rights on conversion to Christianity by the Government of India. The Blessed Sacrament has been vandalized, cloistered nun-sisters attacked, crucifix & statues of saints desecrated, Bibles burnt & church-institutions torched… with news being stifled, as media finds it "not news" if yet another Christian or Church is attacked. Our estimates are that at least –
a) Over 50 Killed & 4,000 Houses Destroyed.
b) Dozens Of Nuns Raped & Priests Brutalized.
c) Church Workers Burnt To Death or Buried Alive.
d) Over 20,000 Dying in Slum-like Refugee Camps, etc.
e) Over 50,000 in the Jungles, in Need of Food & Medicine
f) Over 300 Churches, Cathedral, Tabernacles, Presbyteries, Schools, Shops…Burnt.

WE CALL FOR A BAN ON THE BAJRANG DAL AND RELATED MOB TERROR OUTFITS IMMEDIATELY for attacks that are unconstitutional, threatening the secular fabric of the country. The State of India has abdicated its responsibility and duty to protect Indian Christians, by not taking the state governments to task & failing to protect the life and personal liberty of Indian citizens. The Government of India has failed to ensure freedom of conscience and free profession, practice and propagation of religion – the very rights enshrined in the Constitution of the country (Articles 21 & 25) and in the International Covenant on Civil and Political Rights (ICCPR Articles 18 & 27) to which the Government of India is a party.

We call for immediate provision of relief and adequate compensation to the victims as per ICCPR Article 2.3.1 to those Internally Displaced Persons, according to international conventions. There must also be independent fast track courts constituted to try the culprits and enforce rule of law immediately, besides, the following demands, which must be seriously considered :

1. Foreign funding to such Hindu NGOs needs to be stopped and travel advisories needs to be issued to tourists not to come to these states.
2. Order the CBI to investigate into all aspects of the anti Christian violence in various states & into internal business-houses funding the hate-campaign of the Saffron Brigade.
3. Immediately take into preventative custody the culprits, after suspending police & government officials for gross dereliction of duty & joining in the ethnic cleansing.
4. Hand over especially, Kandhamal district, Orissa to the Indian Army & release hundreds of Christians under illegal detention in Karnataka.
5. Trace the thousands of Christians and hundreds missing, (abducted, injured or feared dead) or believed to be hiding in the forests.
6. Grant Scheduled Status to Dalit Christians and reservations to Christians, as provided to Muslims, to get them economically uplifted from their poor state as per NSSO survey.
7. Grant compensation to the churches & residences of priests / house-churches, etc. for losses incurred, which the government is not presently doing, since it is not felt to be politically correct.
8. Improve state of relief camps and jails, where thousands of Christians are languishing & which have inhuman living conditions, resembling Nazi concentration camps.
9. Constitute an Enquiry under the Commission of Inquiry Act & expand the terms of reference of the state enquiries instituted to fix responsibility and culpability on government servants & also on guilty politicians.
10. Provide adequate security to Christian religious places and institutions, as attacks are expected in the run-up to the elections & the fires of communalism are to flare-up. Active Christian NGO leaders need to be included by the Government in discussions pertaining to the community.

We also appeal to you to write to the Indian government to act on the following recommendations we have made :

A) Communalism is to be treated as a crime against the state, like terrorism and made a non-bailable offence. Mob terror is equal, if not worse than bomb terror.
B) Enactment of a legislation on the lines of Prevention of Atrocities on SC/ST Act, to protect minorities, from the brute force of the majority.
C) Moving Law & Order from the State list to the Concurrent list, in order that the union government can intervene, without flimsy excuses.
D) Permitting an Independent Enquiry by International Human Rights Organizations or an Independent Supreme Court Judge into the anti-Christian attacks, within a time-frame.

Urgently Yours in the name of all those suffering because of Christ & innocents of other faiths.

Joseph Dias, General Secretary, The CSF
+91 9769 55 56 57 thecsf.org@gmail.com
Regd Office : 75, Vakola Village,
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An open letter to India Prime Minister from NRIs

2008-09-21T16:26:00.001-07:00

Dear Honorable Prime Minister Dr. Manmohan Singh:

Namaste. We, the Concerned Community of Indian origin, welcome you to United States of America and wish you a pleasant and successful trip. We like to submit this petition to you to express our deep concern about the danger to the national security and integrity of India due to Terrorism, Missionary Conversions and Appeasement politics.

Terrorism: Though India has been the victim of terrorism for many centuries, ferocity and frequency of the home grown terrorism aided and abetted by certain foreign powers has increased at an alarming rate during the UPA rule. Shekhar Gupta in Indian Express dated Aug. 2, 2008 has aptly said: "These four and half years are the worst in India's history of fighting terrorism. It is a spectacular period of mayhem when not one terrorist has been caught, not one major case solved. Even by the modest standards that Shivraj Patil's home ministry may have set for itself, this is a spectacularly disastrous record. "

Today, India faces terrorism from three quarters, Islamic Jihadi organizations like SIMI, Naxalites of various hue and fundamentalist Christian outfits from the North Eastern states. Only country that exceeded India in both in terrorist victims and terrorist attacks is the war torn country Iraq. What is alarming is the indifference, inaptitude, politicization and softness your administration has shown in tackling terrorism. To quote Shekhar Gupta again: "The talk of Naxalism in a week when two of our most important cities saw serial-bombings and a third had 23 unexploded bombs recovered, is not a digression. It underlines the unmoving, thick-skinned, incompetent and pusillanimous response to terror from this government. ...Ask senior police officers there, even Congress chief ministers if they'd dare to speak the truth and they will tell you how they pulled away in fright, under pressure from the Centre for targeting and upsetting Muslims (voters) in their investigations. . And if it is not guilty of communalizing our internal security policy, how does it explain sitting on special anti-terror laws in all BJP-run states when exactly similar ones have been passed for the Congress states? If these laws are good, or necessary, then citizens in BJP-run states have as much need and right to get their protection as those in the Congress states. "

It is a matter of great shame that some of your ministers like Laloo Prasad Yadav, Ram Vilas Paswan have publicly criticized the police and supported SIMI terrorists. They have even visited the house of Chief architect of these bombings Abdul Bashar in Azamgahd in U.P. Would cabinet members of President Bush go to Osama Bin Laden's family to express sympathy? Should you not sack them from your cabinet?

Even your expression of sympathy is baffling to us. You agonized and said you lost sleep over the arrest of Mohammad Hanif in Australia for his alleged involvement in the blasts in UK, but you have never lost sleep during entire last 4.5 years for the victims of terrorism who lost their sons, their daughters, fathers and mothers and worse many more who were severely injured. Is the value of citizen's life depends upon the vote bank they belong to? Can you kindly clarify whether your administration is with the terrorists or against the terrorists?

Religious Conversions by Missionaries: The recent communal violence in Orissa is the direct result of the fraudulent, deceptive and aggressive conversion activities of the Christian missionaries throughout India funded from Europe and America. Mahatma Gandhi is passionately against missionary conversions and called it the deadliest poison. He said missionaries denationalize and create hatred among religions. He saw in it imperialism in another form. His insight is evident to all of us during recent Orissa riots after 84 year old Swami Laxmananda was assassinated with AK-47's and axes because of his development efforts with tribals for last 40 years that brought them into Hindu fold and feel proud of their culture. As Swami Dayananda Saraswati said, "Conversion is not merely violence against people; it is violence against people who are committed to non-violence. " If you and your government sincerely believe and respect Mahatma Gandhi, please follow his advice: "If I had power and could legislate, I should stop all proselytizing. " (Gandhi Nov 5, 1935)".

Appeasement Politics: A truly democratic government will treat all citizens of the country in fair and equal manner irrespective of religion, caste, creed or color. However, your government has followed a policy of appeasement of a few religious based minorities for vote bank politics and thereby damaged badly the basic fabric of the Indian democratic polity. It even attempted to carry this to armed forces of the country based on the Sachar recommendations that would have deeply divided it. For preserving the unity of country, we request that all special quotas be strictly based on economic grounds only.

Your administration policies in dealing with Kashmiri separatists in North, infiltration from Bangla Desh in the East, missionary aggression in North East, illegal missionary conversions in South together with Naxalism presence in one-third of the country will end up dividing country into pieces. Today, we have the shameful episode of half million Kashmiri Hindus living as refugees in their own country in sub-human homes for last 18 years. Is such fate waiting many more Indian Citizens? Or, are the ravages of partition period waiting again?

Sir, any government indulging in the policy of 'Divide and Rule' and 'Vote bank politics' to stay in power will destabilize the country and lead to further partition of India. For many centuries all communities in India have lived together peacefully and prospered. Let not the history blame you and your party for the destruction of the ancient Indian civilization and its ethos, traditions and culture. We sincerely hope and wish that as an enlightened intellectual, you will work towards the goal of building an egalitarian society based on equality, justice and liberty for all and make India a prosperous and powerful country.

Hindi human rights watch

BAN SIMI AND BAJRANG DAL, VHP TO SAVE THE COUNTRY

2008-09-21T16:16:00.001-07:00

To,

Mrs Pratibha Patil

President of India ,

New Delhi

Sub: BAN SIMI AND BAJRANG DAL, VHP TO SAVE THE COUNTRY,

Respected MADAM,

The image of India has always been a Secular and peace loving country, living in harmony, we were proud of our heritage, the world respected us For are tolerance and our service for man kind. Today we stand on cross roads wondering what to do, specially when the guardians of the law, are the first law breakers, these out fits have grown so strong that they now hold the Governments at ransom, as the fact finding team of [NCM ] National Commission for Minorities revealed, it also found the pattern of attacks similar to those in Orissa, and Karnataka, Madhya Pradesh, and other BJP ruled States.

These organizations are brazenly and publicly using Fascist methods to terrorize individuals , communities, even the State Governments, if that is not enough the administration helps these out fits, by using force, like in Karnataka and in all the other States,

If they are not stopped and their organization brought under strict legal surveillance {by banning} them democratic norms and method will be compromised and other sections/organizati ons will start deserting them to, This will be disastrous for the country, Majoritarianism and illegal functioning are grave threats to harmonious society.

How could the Government allow violence against a particular community, for past 4 years the Christians were suffering the onslaught of these anti social elements, supported by the BJP, first the Jhabua Communal riots, then the whole of Madhya Pradesh, every district suffered. Christians were brutally hammered Churches were burnt, the community was in turmoil, with no help from anyone. Can all this happen without the state government consent

As the elections are approaching we fear more violence, kindly help us, give us protection, Article 355 is not enough, emergency is the only solution.

Hope and pray you will immediately give us some relief, Thanking you in anticipation.

Yours Sincerely,

Indira Iyengar

President, MPCCF

Ex State Minority Member

Madhya Pradesh

Petition on Bihar Floods disaster

2008-08-31T21:08:00.001-07:00

Petition on Bihar Floods disaster

Relief operations need to be multiplied tenfold in Bihar

Date September 01 2008

To,
Dr. Manmohan Singh.
Hon'ble Prime Minister of India -
NewDelhi

CC : Shri Nitish Kumar
Honbl Chief Minister of Bihar

BCC: Petition-Online.blogspot.com

Dear Prime Minister Singh ,

We as concerned citizens located in India, US and elsewhere are very alarmed at the grave flood situation in Bihar. We are working closely with organizations and individuals mobilizing relief efforts in the affected areas. The unanimous opinion received by us is that the central and state government relief efforts are only a small fraction of what this unprecedented situation demands.

Even after the Union government declared this as a national calamity, the administration's response to the tragedy has been woefully inadequate. We submit that the government should immediately resolve to increase the relief efforts ten-fold to save the lives of the citizens.

The stark facts are that more than 15 lakh people are still stranded waiting for rescue, and the floodwaters are still rising and inundating new areas. The following data released by the government on August 30th lays bare the gross inadequacy of the relief efforts.

District	No of Motorboats	Total No of Boats	No of Villages affected	No of Peoples affected
Supaul	19	272	243	893790
Madhepura	24	201	378	1022000
Araria	11	70	72	73351
Saharsa	4	144	62	146000

Just 24 motorized boats to cover 378 affected villages with more than 10 lakh people are stranded - is this the best India, the rising superpower, can spare for the lives of its citizens?

We make the following demands and intend to press them through the media also.

(1) Having declared the national calamity, the Centre should act on the provisions of the National Disaster Management Act and take charge of the operations.The state administration should strengthen the delivery efforts to ensure the rescue and relief efforts reach the people.
(2) Rescue operations need to be stepped up tenfold, particularly in the blocks of Murliganj, Kumarakhand and Bharganwa.
(3) Helicopters and the army need to be mobilized in a much bigger way.
(4) Authentic data should be provided about death toll of humans and animals.
(5) No hasty steps should be taken for river management, and comprehensive plans should be made after studying the failure of current approach.

We urge our government to recognize that the scale of the disaster is similar to the Tsunami of 2004 and Hurricane Katrina but the scale of relief efforts outrageously lagging behind.We hope that your administration's response to the Bihar floods does not become a historical failure like the Bush administration's response to Hurricane Katrina.

--
Jharkhand Forum
A Global Network of Jharkhand
E-mail: forum@jharkhand.org.in
http://www.jharkhand.org.in/forum

Happy Independence Day 2008

2008-08-16T01:54:00.001-07:00

Petition Online | Post your Petition Online here | forum@jharkhand.org.in

2008-08-13T02:46:00.000-07:00

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