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NBA Updates

In this mail you find the following messages/ press releases:

  1. Jamin haq Satyagraha / Invitation
  2. Supreme Court dismisses case against NBA
  3. Excerpts from the Judgment
  4. The 37 day historic fast ends with a call for further struggle

for more information about the NBA visit http://www.narmada.org

1. JAMIN HAQ SATYAGRAHA TO BEGIN ON JULY 11TH IN NIMAD (M.P.), 17TH IN CHIMALKHEDI (MAHARASHTRA) COME TO THE NARMADA VALLEY AND EXPRESS YOUR SOLIDARITY

Even as the Narmada River is roaring in agitation like a turbulent sea, with its freedom blocked and people uprooted, the Sardar Sarovar dam-affected families are COMMENCING THE MONSOON SATYAGRAHA ON JULY 11TH IN NIMAD (Madhya Pradesh). The adivasis, peasants, farmers, artisans and small traders will begin the Jamin Haq (Land Rights) Satyagraha in the villages demanding land-for-land rehabilitation instead of cash compensation and declaration of all those who are kept out of the list.

ON JULY 17TH, THE SATYAGRAHA WILL BEGIN IN CHIMALKHEDI VILLAGE, Maharashtra. They will be demanding declaration of all hitherto undeclared but eligible families and for speedy allotment of cultivable, agricultural lands.

On 4th July, the issue of unjust displacement was once again raised during the big rally in Badwani. After more than an hour of road blockade, the people met the Badwani District Collector and expressed their concerns. Many new areas may be affected this year as the dam stands at 122 meters and the submergence may be unpredictable as the contour surveys were found to be incorrect in many places. There is chance of heavy rain during this monsoon. People already affected are not yet shifted as either resettlement sites are not yet ready, unsuitable, far from the agricultural lands or families have not yet been declared.

On 5th July, the people affected from Sardar Sarovar, Omkareshwar, Indira Sagar to Bargi dams met the Governor of M.P. Dr. Balram Jhakar in Bhopal. He called the struggling displaced people as 'freedom fighters' of modern India, who are fighting for their lands and resources, which have been snatched away by State in the name of the so called development. He also took note of the huge corruption involved in the resettlement process (ref. Note on Land Scam circulated on July 3rd)

The adivasis in Alirajpur tehsil had earlier met the collector of Jhabua (M.P.) who has called a meeting on 10th July to discuss allotment of private lands to the Project Affected Families (PAFs). About 500 families still remain in these 26 villages, half of whom are still undeclared! The gross violation of their legal and human rights have not yet been considered.

WE, HEREBY INVITE ALL THOSE WHO HAVE BEEN SUPPORTING THE STRUGGLE IN THE NARMADA VALLEY, TO COME AND PARTICIPATE DURING THE MONSOON SATYAGRAHA BEGINNING IN NIMAD ON JULY 11th AND 17th IN CHIMALKHEDI . THOSE WHO ARE COMING TO NIMAD MAY PLAN TO REACH BADWANI ON 10TH EVENING OR 11TH MORNING.

WE ALSO EARNESTLY APPEAL TO ALL SUPPORTERS FOR GENEROUS CONTRIBUTIONS, EITHER IN CASH OR KIND. The 'Janasahayog' (People's Solidarity) program is providing basic food to the most needy who have lost their lands but not yet got alternative land. We welcome donations of clothes, umbrellas, tarpaulin sheets, food grains and cash. Those who wish to make contributions, please contact the persons given below. Please note that people were fighting for the last 22 years, not only by their will but also due to the earnest and generous support of each one of you, who look forward to genuine development of our country and its people.

Most importantly, COME TO THE NARMADA VALLEY AND EXPRESS YOUR SOLIDARITY and see for yourself the appalling situation people are pushed into due to the callous and inhuman approach of the successive governments and also the patience and steely resolve of the people to struggle on, against all odds.

Route:
TO COME TO BADWANI ON 11TH, IT IS 4 HRS FROM INDORE BY BUS, THERE ARE OVERNIGHT BUSES FROM MUMBAI, FROM VADODARA IT IS 7 HRS BY BUS.

TO COME TO CHIMALKHEDI ON 17TH, YOU MAY EITHER REACH BADWANI ON 16TH MORNING AND TRAVEL WITH THE TEAM GOING TO GADHER VILLAGE (WHICH IS ON THE OPPOSITE BANK OF CHIMALKHEDI) OR COME TO VADODARA BY 17TH EARLY MORNING AND THEN BY JEEP TO GADHER (CONTACT ROHIT PRAJAPATI). FROM THERE YOU WILL TRAVEL BY BOAT TO CHIMALKHEDI. PLEASE BE PREPARED TO WALK A LITTLE WHILE.

Contacts:
Mumbai – Pervin Jehangir - 09820636335, 022-22184779
Pune - Suniti S R – 020-25211404, 09422048967
Shahada - Shyam Patil – 02562-246419, 09423496020
Indore – Chinmayabhai, Sarvodaya Press Service – 0731-2401083, 09893278855
Vadodara- Rohit Prajapati – 0265-2320399

Ashish Mandloi,   Yogini Khanolkar,   Kailash Awasya,   Medha Patkar

NARMADA BACHAO ANDOLAN
62 Gandhi Marg, Badwani, M.P. Ph. 07290-222464 nba.badwanigmail.com
Maitri Niwas, Tembewadi, Dhadgaon, Nandurbar, Maharashtra. Ph: 02595-220620

2.
NARMADA BACHAO ANDOLAN
62 Gandhi Marg, Badwani, M.P. Ph. 07290-222464 nba.badwanigmail.com
Maitri Niwas, Tembewadi, Dhadgaon, Nandurbar, Maharashtra. Ph: 02595-220620
C/o B-13, Shivam Flats, Ellora Park, Vadodara -390023 Ph: 0265-2282232

Press Release 10 July 2007

The Supreme Court of India today dismissed a case filed by National Council of Civil Liberties, an Ahmedabad based NGO, against Narmada Bachao Andolan for being vague and baseless. The bench of Justice C.K. Thakker and Altamas Kabir, in their judgement, ruled that there is no case for CBI enquiry against NBA and ordered the petitioner organization to pay Rs- 5000/- as a symbolic cost for the expense on the case, to NBA.

This is a great moral victory and triumph of truth that is an apt reply to the vilification campaign against NBA. NCCL had issued many advertisements and statements defaming NBA all over the country before filing this case. The allegation in the case included that of illegal foreign funding, violence and sedition, an activity obstructing development. Adv. Indira Jaisingh and Adv. Sanjay Parikh pleaded with all strength and commitment. The court, through this judgement, has upheld democratic values as also the citizen's, the affected people's right to agitate against injustice imposed in the name of development. Attempts to defame and demoralise people's movements with false and baseless allegations should now be put to rest. The UPA government too had supported NBA through its affidavit in the case. They submitted to the court a letter written in 2003 by the then Home Minister for State to Narendra Modi, declaring that no illegal financial deal was found in the enquiry against NBA and its supporters.

We all are glad that the apex court has dismissed this case for having no case made for a CBI enquiry on NBA activities. The petitioner had earlier tried to spread news, which distortedly indicated to the nation that enquiry was demanded and ordered.

NBA has to continue its agitations and movements for human rights and democratic privileges due for common people – dalit, adivasis, farmers, labourers and all citizens, in the context of prevented vision and undemocratic planning of development, with unjustifiable social, environmental impact on the displaced and on our natural wealth.

OUR SATYAGRAHA IN THE NARMADA VALLEY, PROTESTING AGAINST DISPLACEMENT AND SUBMERGENCE WITHOUT REHABILITATION, WOULD BEGIN IN BADWANI, MADHYA PRADESH FROM TOMORROW, 11TH OF JULY AND IN VILLAGE CHIMALKHEDI (ON THE RIVER BANK), NANDURBAR DISTRICT, MAHARASHTRA, FROM JULY 17TH.

The Dharna of Omkareshwar- Indira Sagar dam-affected people and the 35 days long fast by leading activists Chittaroopa Palit and Bhagwan Mukati, continue in Bhopal till date.

Medha Patkar   Ashish Mandloi   Chetan Salve   Kamla Yadav

3. (Excerpts from) the Judgment
12 July 2007

Dear friends,

You must have already heard of and read the news of the Supreme Court judgment passed on 10th July, dismissing the petition by National Council for Civil Liberties (NCCL), a Gujarat based NGO, against the Andolan. The allegations included that of illegal funding, being foreign stooges, and misusing foreign funds for destabilizing and anti-National activities as well as sedition. The court's judgment has categorically condemned the petition to be vague and making baseless accusation. These allegations were publicly made by the same petitioner i.e. NCCL, through various newspaper advertisements all over the country since last many years. Hence the judgment has indeed indicated NBA's honest position and commitment against the vilification campaign.

This, we know, would not have been possible without supportive action by eminent persons and organisations including yourself and the committed and effective pleading by our advocates Indira Jaisingh-ji and Sanjay Parikh-ji. The court, while dismissing the case, concluded it to be not a public purpose but a private purpose litigation. It has upheld the case of the project-displaced persons raised by NBA and refused to concede to the demand for CBI enquiry, since there is nothing anti-national found in NBA's activities, proved through the petition, or illegality in funding established. This victory, moral as also political, in the larger sense of the term, has come to us, in support of not just NBA but all people's movements.

When the petitioners raised a tricky issue of NBA challenging development projects and the state, the judgment has declared the cause to be legitimate and not anti-national. This will, no doubt, strengthen people's struggles questioning the vision, problems and the backlash of development, in the framework of human rights and civil liberties.

Many organisations, eminent individual, supporters stood by us during the testing times, many issued statements, wrote personal letters in support, condemned the defamatory campaign openly (since 2000) all of which gave us enormous strength and confidence to face the immoral attack. Since the physical onslaught at Sabarmati Ashram in Gujarat (2002), the attackers were making dictated statements to instill a doubt in the minds of common people, our supporters as well as international awarding organisations. The latter were written to and questioned even when NBA has never accepted many of international awards, but only the felicitation and certificates.

When movements are facing multiple challenges on behalf of the State, when people's strength is being repressed and their views on development - just and sustainable- undermined, peripheralised, even condemned, when the corporate-political nexus is up with all tools and weapons, either to push their own development agenda or to suppress the alternatives, this judgment would go a long way. We will remain together as always and fight battles for truth and justice.

DO COME TO THE NARMADA VALLEY

Satyagraha begins in adivasi village, Chimalkhedi, (Nandurbar district, Maharashtra) on the Narmada bank in Maharashtra, from July 17th. The water level in Narmada is rising and currently at least 200 villages are under the threat of submergence due to Sardar Sarovar Project. People affected by Omkareshwar and Indira Sagar dams are already on the streets, since last 40 days, and the fast by Chittaroopa Palit and Bhagwan Mukati has entered 36th day. For the reasonable demands of rehabilitation to be met in this context, your support in every way is most valuable and necessary. We shall look towards a new paradigm of equitable development. No submergence and displacement without rehabilitation, a comprehensive enactment of just development.

Ashish Mandloi,   Yogini Khanolkar,   Kailash Awasya,   Medha Patkar

RELEVANT SECTIONS OF THE JUDGMENT is given below which speaks for itself. Please make use of this judgment for writing and reference. The full judgment will soon be available at http://www.narmada.org

IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO.69 OF 2006

NATIONAL COUNCIL FOR CIVIL LIBERTIES
..Petitioner

Versus

UNION OF INDIA & ORS.

..Respondents

J U D G M E N T

ALTAMAS KABIR, J.

..
31. Both the Union of India and State of Madhya Pradesh had little to add and they relied on the affidavits filed on the behalf in the proceedings. In the counter affidavit filed on behalf of the Union of India, it has been generally stated that the Ministry of Home Affairs in its Foreign Contribution Regulation Act Division had not granted permission to the respondent N0.4 or certain organizations named in the writ petition to receive foreign funds. However, it has also been categorically stated that an inspection was carried out in terms of Section 14. of the Foreign Contribution (Regulation) Act, 1976 into the books of accounts of among others the Narmada Bachao Andolan, Badwani, Madhya Pradesh in 2002 and the same did not reveal any instance of violation of the aforesaid Act. A similar enquiry had also been conducted in 2000 and then also no such violation had been detected, The said information was conveyed to the Chief Minister of Gujarat by the Minister of State Ministry of Home Affairs Government of India, by letter dated 26th August, 2003. The contents of the said, letter has been made annexure R-1-1 to the affidavit affirmed on behalf of the Union of India and reads as follows-

“Kindly refer to your letter N0. CMS}GO1) 150 dated the 27 September, 2001 addressed to the Hon'ble Dy, P.M. regarding alleged violation of Foreign Contribution (Regulation) Act, 1976 by the functionaries of Narmada Bachao Andolan (NBA).

This matter was investigated in some detail under the provision of the said Act. The accounts records of the NBA and a number of NGO associated with it were inspected but no specific instance of any violation of FCRA, 1976 was detected.”

32. In the affidavit affirmed on behalf of the State of Madhya Pradesh, it has been stated that existing laws were sufficient to take care of the reliefs claimed, by the writ petitioner and appropriate action under the existing laws had already been undertaken.

33. Having heard the learned counsel for the respective parties and having considered the materials on record. We are of the view that although ordinarily in a case like this a writ petition under Article 32 of the Constitution would be maintainable, in the facts of this case the writ petition does not call any interference by this Court. The various decisions cited by counsel on both sides indicate in what circumstances public interest litigation may be entertained by the Courts. We share the same views. We are also of the view that public interest litigation may be entertained when an issue of great public importance is involved, but not to settle private scores as was held in Dattaraj Nathuji Thaware's case (supra). Furthermore, in an application under Article 32 of the Constitution there must be an element of infraction of one or the other fundamental rights contained in Part III of the Constitution. Although, the writ petition has attempted to show that the writ petition had been filed for the benefit of the people of the States of Gujarat, Madhya Pradesh and Rajasthan, the facts as sought to be projected clearly indicate that the writ petition has been filed out of grudge harboured by Shri Saxena against Smt. Medha Patkar. Except for vague allegations regarding receipt of foreign funds by the respondent Nos. 4, 5 and 6 and their alleged use for subversive activities, none of the allegations have any evidentiary value as they are unsupported by any evidence as such. There is no material on record to show that foreign funds have, in fact, been received by the respondent No.5 or that the same had been misutilized for subversive activities of an anti-national character. On the other hand, there is evidence to show that certain monetary awards had been received jointly by the respondent No. 5 and Baba Amte which had been vested in a trust which had no connection with the activities of the respondent No. 5. In fact, the writ petition appears to have been filed as a fishing exercise to try and procure evidence against the said respondent Nos. 4, 5 and 6. Having seen the annexures to the counter affidavit filed on behalf of the respondent No. 5, we are inclined to accept Ms. Indira Jaising's submissions that Shri Saxena had a private grudge against Smt. Medha Patkar file the writ petition and not in the public interest as claimed by him.

34. The respondent No.6 has been introduced in the writ petition to malign the respondent Nos. 4 and 5 by making allegations of subversive activities against the respondent no. 6 and trying to establish a link between the respondent No. 6 and Smt. Medha Patkar to her discredit. There is no direct evidence of any kind of subversive activity allegedly engaged in by the Narmada Bachao Andolan which could be said to be anti-national. On the other hand, the respondent No.5 appears to be genuinely concerned with the rehabilitation of the tribals and the other habitats of the submerged areas in keeping with the decision of this Court that the rehabilitation programme should be completed before submergence of the areas which were inhabited by them.

35. Although, the writ petition has been shown to have been filed to protect the interest of the people of the three States of Gujarat, Madhya Pradesh and Rajasthan, except for Shri Saxena representing the writ petitioner association, there is no other individual who has been impleaded as petitioner to support such an argument. Although, the writ petition is alleged to be in the nature of a public interest litigation, the same appears to be a 'private interest litigation' to discredit and diffuse the agitation undertaken by the respondent No. 5 for rehabilitation of the displaced persons from the dam site before submergence of their habitat.

36. In our view, the materials in the writ petition consist only of vague allegations without any proper foundation. No case has therefore been made for a direction to the CBI to investigate into the said allegations.

37. Having regard to the view taken by us we do not intend to separately deal with the decisions cited on behalf of the respective parties.

38. The writ petition is accordingly dismissed with costs assessed at Rs. 5,000/-.

..J(C.K.Thakker)

J(Altamas Kabir)

New Delhi
July 10, 2007

4. Press Release, 12 July 2007:

The 37 day historic fast ends with a call for further struggle

Andolan will monitor the rehabilitation process closely

The rights of all the displaced people will be ensured on the ground and in the court of law

The displaced people will return to Bhopal on September 30th

Tata Institute will start a legal aid and counseling centre

A panel of eminent citizens will watch over the whole rehabilitation process

The historic struggle of the displaced people of Indira Sagar and Omkareshwar projects and the indefinite fast of senior Narmada Bachao Andolan activists Ms Chittaroopa Palit and Shri Bhagwan Mukati was called off today with a call to continue with the struggle on the ground. The Andolan has declared that it will take up all the issues of rehabilitation and rights of the displaced people on the ground and in the court of law till September 30th. On September 30th 2007, tens of thousands the affected people will gather in Bhopal again.

Historic struggle:

It is to be noted here that about 15000 affected people of the Indira Sagar and Omkareshwar projects gathered took out a massive rally in Khandwa on June 4th and started their indefinite dharna. The indefinite hunger strike was started on June 6th and was called off today, on its 37th day, with a call to take ahead the struggle on the ground and in the courts.

On the one hand this historic struggle has brought the strong determination and resolve of the affected people to the centre of the entire world's attention, on the other it has also revealed the insensitivity and indifference of the government. By not implementing rules and laws from the Land Acquisition Act to Honorable High Court's orders, it has been proven that there is no rule of law in the state of Madhya Pradesh. On one hand the government offers empty promises of "sensitively looking into" matters on the issue of most of the demands raised by the displaced people, on the other hand the reality of the village level camps will be seen on the ground in the time to come.

Narmada Bachao Andolan declares that it will closely watch this entire process in minute detail and ensure that all the rights of the displaced people are achieved either through struggle in the valley or through the courts.

Struggle goes on:

The Andolan declares that the struggle will go on till each and every right of each displaced person is achieved. The affected people will unfurl flags of struggle in each village, take out prabhat pheris and keep alight the lamp of the movement till this is achieved. They will come back to Bhopal in tens of thousands on September 30th.

Eminent Citizens to Watch over the Rehabilitation Process:

Many eminent citizens of the country took a special initiative today and declared that they watch over the entire process of rehabilitation of the Indira Sagar and Omkareshwar dams and ensure that each displaced person gets his or her full rights. This People's Monitoring Committee will comprise of former Judge of Mumbai High Court Justice Suresh, former member of Planning Commission Shri LC Jain, ex-Chair person National Commission of Women Ms Mohini Giri, senior journalist Shri Prabhash Joshi and Director of Centre for Science and Environment Ms Sunita Narain.

Tata Institute to start Legal Aid and Counseling Centre in Khandwa:

The Director of Tata Institute of Social Sciences, Shri S. Parasuraman has written a letter to the Andolan saying that the Tata Institute will take an initiative to involve other legal and social organisations and law colleges and universities to start a Legal Aid and Counseling Centre in Khandwa. This centre will function to ensure that every displaced person receives his/her full compensation and other R&R benefits.

(Alok Agrawal)

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