KERALA POLITICS
2010 February 16 - 28
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KERALA POLITICS An English Fortnightly on People & Politics P B No. 1856, Kaloor, Kochi-682 017, Kerala Phone : 98470 53700, 9847830005 E-mail : kochimedia@yahoo.com KERALA POLITICS
2010 February 16 - 28
Single copy Rs. 10/-
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E D I T O R I A L
With immense joy and pride we publish
KERALA POLITICS P B No. 1856, Kaloor Kochi-682 017, Kerala, India Phone : +91-98470 53700 +91-9847830005 E-mail : kochimedia@yahoo.com Design & Layout MULTIPRINTS Mob : 99463 65446
KERALA POLITICS 3
our fortnightly magazine "KERALA POLITICS" again from February 16 th 2010. KERALA POLITICS stands for investigative journalism without fear or favour. Media whether print or visual gives you a variety of news, reports and different kind of entertainments. We have numerous news papers and magazines in malayalam and in english, but no one seriously takeup investigative, exclusive featured articles about people, politics and current affairs. We keralites face a grave danger like mullapperiyar that will destroy central kerala and 50,00,000 human lives. Our cover story about mullapperiyar explain the utter negligence by the central and state rulers. "KOCHI MEDIA" publishers of Kerala Politics bring you a Malayalam Fortnightly Magazine called "NAGARAM" from 16th 2010 too. We hope Indians especially "malayalees" render all possible helps to bring you the best in print media. We kindly request you again to share your thoughts, political-cultural or even financial views with us and consider our magazine as a platform to express your strong belief, opinion among the public.
K.O. JOHNEY EDITOR & PUBLISHER E-mail : johneyonline@bsnl.in
2010 February 16 - 28
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A MASS DISASTER IF PRECAUTIONARY PRINCIPLE IS JETTISON— WHY A FUNCTIONAL ANARCHY?
When the minister is culpable of dereliction of duty and gross neglect it becomes treason and trauma for millions of people. But what is negligence? There is a special category of duty which in it non-feasance would destroy countless people and commission by omission leads to catastrophic mass disaster. There are situations where engineers may JUSTICE : V.R. KRISHNA IYER
KERALA POLITICS
2010 February 16 - 28
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disagree; experts may consider the condition of a dam is marginally safe. But Nature has its own way and expectation and calculation may go awry. Once there is doubt and possibility of a risk the State should not take chances. This is laid down in an international treaty of convention in the Rio series whose substance is set down below: Principle 1
Human beings are at the centre of concerns for sustainable development. They are entitled to a healthy and productive life in harmony with nature.
Principle 3
The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations.
Principle 4
In order to achieve sustainable development, environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it.
Principle 15 In order to protect the environment, the Precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. Doubts have no place where heavy human loses may be perilous when estimate of engineers is miscarrying. When what matters is the irreparable cost of human life, not the large expenditure in repairing, an unfortunate alternative Mullaperiyar is a classic instance when the precautionary principle of action cannot wait for a public calamity to happen. However, sound the Tamil Nadu Engineer’s opinion may be, as one Kerala Engineer expressed grave doubt of a tragic alternative, no chances can be taken. It is my firm view that doubts in connection with Mullaperiyar Dam are put to sleep and silenced by a Rio Declaration on Environment and Development. Sound environment is the supreme law for the
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2010 February 16 - 28
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survival of our biosphere. The Rio principles which are binding on developmental engineering is part of cosmic jurisprudence and humanism. This is a fundamental duty
which
supercedes
legalism. Remember our Constitution, which in Article 48A makes
preservation
environment
a
of
State
obligation. India is a signatory to the Rio instruments. The ministers of both States are bound by the fair principles in it. No court sensitive to justice will condone the Kerala State if it fails immediately to act and to render the dam absolutely safe for humanity of Kerala or Tamil Nadu.
Dispute
among States over political considerations have no meaning.
Tamil
Nadu
Ministers cannot escape their obligation under the Rio principle.
The
Central
Government has to save every Indians life. Federalism does not absolve the Centre from saving huge casualties caused if washed away by Mullaperiyar leakage. The due jurisprudence implied in the Rio
instruments
are
international in impact and cannot
be
violated
KERALA POLITICS
by
Doubts have no place where heavy human loses may be perilous when estimate of engineers is miscarrying. When what matters is the irreparable cost of human life, not the large expenditure in repairing, an unfortunate alternative Mullaperiyar is a classic instance when the precautionary principle of action cannot wait for a public calamity to happen. signatories like India.
Indira Gandhi was particularly
concerned about these universal values and that is why Prof. M.K. Prasad, Chairman, Information Kerala Mission drew my attention to this paramount provisions. The Nation as a whole must raise its voice against a possible Mullaperiyar natural calamity. Before I conclude I wish to make fervent appeal to the Prime Minister to intervene in the present ugly dispute over a Dam beneficial to both the States which must be settled through the intervention of the great Prime Minister Dr. Manmohan Singh in the light of the Rio Principles. I have adverted to above Principles derived from international treaties and conventions which must become part of national jurisprudence as I have done in the Bench in one or two cases. Now the Prime Minister can set an example by relying on the Rio Principles and avoiding bitterness between neighbouring States by use of his good offices and high stature giving a new meaning to our federal structure. Persons in prison obviously cannot engage a lawyer nor freely contact legal agencies. Therefore legal aid lawyers must visit prisons and help lawyers who need litigative facilities. Similarly persons with chronic diseases lying ill in hospitals certainly need lawyers for various reasons including even neglect in treatment. They also need free legal aid lawyers. There are other numbers of situations where free legal services are necessary even though the victim may be well to do. In short, the free legal aid services authority has versatile challenges if their goal is to ensure free education, free public health and other human rights beyond
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their needs. I consider processual justice with complex
however, protection of
procedures and a hierarchy of courts virtually denies to the
environment should take
poor and the handicapped. Free legal aid in indigent villages
precedence
is as good as jungle justice and the rule of robbery having
economic interest.
regard to these situations I plead for every civilized society
Precautionary Principle
to provide ubiquitous legal aid system. A report made way
requires antici-patory
back in 1972-73 by me as Chairman appointed by the Central
action to be taken to
Government to the Central Government contains an
prevent harm. This harm
exhaustive study of the subject must be prescribed as a
can be prevented even on
text book for undergraduates law students, for the police
a reasonable suspicion. It
and all institutions decide for social welfare likewise
is not always necessary
international conventions to which India is signatory relating
that there should be direct
to child rights and women’s rights should be made
evidence of harm to the
compulsory study for all students. There is a report with
environment.
the Government of India presented by me as Chairman of the Committee of the child rights for ensuring remedies for women in custodial difficulties and for children without help. These must be made universal information in every panchayat and every member of the panchayat or other local bodies should be given courses in the above matters. The rule of law can have effectiveness only if popular legal literacy through legal aid agencies becomes a reality or else rule of law becomes the rule of jungle.
Acquisition
over The
and
development of land for industrial purposes is always a problem in India. The Supreme Court has made it
mandatory to
obtain clearance from the State Pollution control Board and Department of
Sri. P.B. Sahasranaman, Advocate has written a book
Ecology before setting up
“Handbook of Environmental Law”. I quote some excerpts:
an industry. Based on the
Thus, a balance needs to be struck. Principle 15 of the Rio Conference of 1992, relating to the applicability of the precautionary Principle, stated that:
principle of Sustainable Development, the Supre me Court has held that before the acquisition of
….(w) here there are threats of serious or
land for evelopment, the
irreversible damages, lack of full scientific
consequent impact of the
certainty shall not be used as a reason for
proposed develo-pment
postponing cost-effective measures to prevent
on the environ-ment
environmental degradation.
must be property ompre-
In such matters, many a time, the preferable
hended in order to ensure
option is not clear.
If an activity is allowed to go
that the ecology and the
ahead, there could be irreparable damage to the
environment are not
environment; if it is stopped, there could be irreparable
gravely impaired in the
damage to economic interests. In case of doubt,
process.
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Human Rights for Women in India T
Jayasankar.A.S
KERALA POLITICS
he situation of human rights in India is a complex one, as a result of the country’s large size and tremendous diversity, its status as a developing country and a sovereign, secular, democratic republic, and its history as a former colonial territory. The Constitution of India provides for Fundamental rights, which include freedom of religion. Clauses also provide for Freedom of Speech, as well as separation of executive and judiciary and freedom of movement within the country and abroad. Woman, the very creation of God that makes living beautiful is often at the receiving end of trauma. Not necessarily do criminals live around rural thatched roofs only. They are found in sky rises and posh suites too. In 2009 rape cases have reached 2,497, domestic violence has crossed the 10,000 mark. In short women are still treated as a lesser person. But of course the government is doing all its best to improvise the situation. Around 2.8 million social workers have been employed by the government to reach 2010 February 16 - 28
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into villages and homes across the country, to make women aware of their rights. Much to their surprise women are not even aware that they have any rights in a man’s world. While some are treated as slaves in their adulthood, most don’t even enjoy a childhood. To this purpose the National Commission for Women is set up and located at 4, Deen Dayal, Upadhayaya Marg, New Delhi 110 002, phone: 11 23237166. It is the apex organisation for protecting women. Besides this there are Commissions set up in each state of the country to protect and uplift women. These organizations implicit that there should be equality of rights for women as given to men. Article 14 of the Constitution in India says that no person will be denied equality before the law. Article 42 states that women should be provided just and human work atmosphere and maternity relief. Sati laws have been abolished, child marriages are legally punishable. The girl now has to be of 18 years when she is married and her consent has to be taken. Using force is punishable. To her relief eve teasing too is considered a crime. It can be reported and offenders will be put behind bars immediately. Women’s Rights Movement in India: There are many committed organizations and non-governmental organisations (NGO’s) in
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India working for the advancement of women’s rights in addition to government appointed agencies. The Indian government has a National Commission for Women, which is dedicated to the welfare of Indian women. Domestic Violence in India Domestic Violence can be described as when one adult in a relationship misuses power to control another. It is the establishment of control and fear in a relationship through violence and other forms of abuse. The violence may involve physical abuse, sexual assault and threats. Sometimes it’s more subtle, like making someone feel worthless, not letting them have any money, or not allowing them to leave the home. Social isolation and emotional abuse can have long-lasting effects as well as physical violence. Domestic Violence isn’t just hitting, or fighting, or an occasional argument. It’s an abuse of power. The abuser tortures and controls the victim by calculated threats, intimidation, and physical violence. . Although both men and women can be abused, in most cases, the victims are women. Children in homes where there is domestic violence are also abused or neglected. Although the woman is usually the primary target, violence is sometimes directed toward children, and sometimes toward family
2010 February 16 - 28
members and friends. Many women in India are the victims of domestic abuse. Domestic violence is a CRIME and you must seek help. Forms of Domestic Violence Domestic violence can take many forms and variations and can happen once in a while or all at the same time. Domestic violence can be Psychological Abuse, Social Abuse, Financial Abuse, Physical Assault or Sexual Assault. Violence can be criminal and includes physical assault or injury (hitting, beating, shoving, etc.), sexual abuse (forced sexual activity), or stalking. Common Forms of violence against Indian women include: Female feticide (selective abortion based on the fetus gender or sex selection of child), Domestic violence, Dowry death or harassment, Mental and physical torture, Sexual trafficking, and Public humiliation How children can get affected by domestic violence at home: 1) Children can themselves get physically abused or hurt. 2) Witnessing violence actions can be mentally damaging Children often try to intervene to protect the adult victim, which puts them in a dangerous situation Children can copy the violent behavior they witness, both as children and as adults. They may develop stressrelated problems in health. 9
They can loose selfconfidence, be afraid /angry, and blame themselves for what is happening or feel guilty. Sexual Harassment, abuse, rape, pornography in India. As in other countries throughout the world, rape is common in India. Rape is a social disease. Hardly a day passes without a case of rape being reported in Indian newspapers and media. Women belonging to low castes, and tribal women are more at risk. What is sad about rape in India is the lack of seriousness with which the crime is often treated. Statistics from 2000 showed that on average a woman is raped every hour in India. Women’s groups attest that the strict and conservative attitudes about sex and family privacy contribute to ineffectiveness of India’s rape laws. Victims are often reluctant to report rape. In an open court victims must prove that the rapist sexually penetrated them in order to get a conviction. This can be especially damaging. After proving that she has been raped, a victim is often ostracized from her family and community. This problem is exacerbated by the fact that rape laws are inadequate and definitions so narrow that prosecution is made difficult. WhatisPornography? Pornography is a systematic practice of exploitation and subordination based on sex
KERALA POLITICS
that differentially harms and disadvantages women through dehumanization. Pornography diminishes the worth and civil status of women and damage mutual respect between the sexes. Can Pornography Cause Violence Against Women? If you have ever viewed pornographic material, it is clear that not only does pornography cause violence against women, but the material itself is violence against women, the women in the pornographic material. Pornography also sends out the message to men that women enjoy being beaten, abused and raped. It is unfortunate, but over the last few years the violence portrayed in pornographic material has increased greatly. The material also tries to send the message that women secretly enjoy the abuse. Many studies have proven that pornography can lead to violence. Dowry in India Dowry originated in upper caste families as the wedding gift to the bride from her family. The dowry was later given to help with marriage expenses and became a form of insurance in the case that her in-laws mistreated her. Although the dowry was legally prohibited in 1961, it continues to be highly institutionalized. The groom often demands a dowry consisting of a large sum of money, farm animals, furniture, and electronics.
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The practice of dowry abuse is rising in India. The most severe in “bride burning”, the burning of women whose dowries were not considered sufficient by their husband or in-laws. Most of these incidents are reported as accidental burns in the kitchen or are disguised as suicide. It is evident that there exist deep rooted prejudices against women in India. Cultural practices such as the payment of dowry tend to subordinate women in Indian society. Though prohibited by law in 1961, the extraction of DOWRY from the bride’s family prior to marriage still occurs. When the dowry amount is not considered sufficient or is not forthcoming, the bride is often harassed, abused and made miserable. This abuse can escalate to the point where the husband or his family burns the bride, often by pouring kerosene on her and lighting it, usually killing her. The official records of these incidents are low because they are often reported as accidents or suicides by the family. In Delhi, a woman is burned to death almost every twelve hours. The number of dowry murders is increasing. In 1988, 2,209 women were killed in dowry related incidents and in 1990, 4,835 were killed. It is important to reiterate that these are official records, which are immensely under reported.
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The lack of official registration of this crime is apparent in Delhi, where ninety percent of cases of women burnt were recorded as accidents, five percent as suicide and only the remaining five percent were shown as murder. The National Commission For Women - Organization for helping and protecting women in India. Help for dowry issues, female feticide, child marriage, sexual harassment, and legal advice. Status of Women in Kerala Kerala leads the other states of India in Women’s education. Female literacy rate according to 2001 census is 87.86%. There are 1058 females per 1000 males. Women in Kerala occupy high positions in all fields of public activity educational, judicial, medical and engineering professions. Women of Kerala, enjoyed a lot of liberty from from early days. They used to recite the Puranas and watched performances of dramas, indigenous arts like Kathakali, Patakom and the such, along with men. Festivals like Onam and Thiruvathira gave occasions to them for social contacts and for the exhibition of their literacy, musical and dance talents. Kerala leads India in women’s education. According to 2001 census the female literacy rate is 87.86 per cent. There are 1058
KERALA POLITICS
females per 1000 males. Women in Kerala occupy high positions in every field of public activity. The Malayalee woman has an intense social sense, civic and national consciousness. She uses her freedom judicially and in the spirit of being an equal partner with man. Her role as wife and mother are performed well. Education has only sharpened her intellect, widened her outlook and tuned her social and civic senses. Political Participation Women’s participation in politics is low and no different from the rest of the country. On the contrary, going by the numbers in which they turn out for electioneering and to cast vote in various elections, women’s participation can quite justifiably described as active and the proportion of votes cast by women has been around 50%. Still, the proportion of women among those contesting the elections and getting elected has tended to be extremely small. In the outgoing assembly of 1996, the number of women is a mere 13 in a house of 141. In 1957, their number was 6 in a house of 127. This statistics indicate that the situation has not further improved. A handful of women in Kerala have reached the top by their grit and determination. These have been isolated cases without reflecting any easing of
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women’s entry into the higher echelons of political leadership in parties or government. Conclusion India also boasts of a vibrant-women’s movement. Quick to react to situations, it is rich in diversity and ideology. In such a vast country where the position of women is not always secure, the organisation of women has been an important process. In more than one instance the government has had to reckon with the power of the organised women’s movement. It has responded by amending the laws related to rape and dowry as well as other criminal procedures. The social awakening of women through neighbourhood action committees, the emergence of -women’s wings of political parties, in trade unions, non-governmental organisations and professional groups has been very welcome. Specialised magazines and publications have played an important role. Research and Women’s Studies have strengthened the thinking and opened grounds for diversity in opinion. Protest or dissent is expressed through demonstrations even through writings or research. There remains much to learn from the women’s movement about women, even if India is not on the brink of profound change in its social structure.
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JUSTICE : K. NARAYANA KURUP
SAVE THE EARTH FROM THE SCOURGE OF GLOBAL WARMING Since there are no longer any doubt about the strong link between greenhouse gases and global warming with catastrophic consequences to the humanity, the only question is whether we have the political will to sit together and chart out a course of action that can minimize global warming. The Planet Earth is seriously ill with pollution: effluents and industrial waste are being freely discharged into rivers contaminating water resources posing a serious hazard to human health and aquatic life, not to mention large oil spills tilting ocean ecology; its verdant forests are being denuded at an alarming rate resulting in the most serious form of deforestation and the destruction of rain forests especially the tropical rain forests clustered around the equator and as sequel the most important source of biological diversity on earth and the most vulnerable eco-system suffering the brunt of human onslaught and the soil becoming increasingly toxic on account of ingestion of high dose of insecticides and pesticides that are lethal to the vitally ‘necessary inhabitants of the soil’ and disturbing its ecology with plant tissues absorbing insecticides. KERALA POLITICS
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Toxic chemicals from contaminated soil (good insects whose function may be the essential one of breaking down organic matter or the fungi that inhabit the roots of many trees in a beneficial association that aids the trees in extracting nutrients from the soil) and to make matters worse, the earth growing warmer with higher levels of carbon dioxide producing the phenomenon of ‘greenhouse effect’. By now, it is well-known that higher levels of carbon dioxide would cause the earth to grow warmer. The air we breath contains 600 percent 13
more chlorine atoms than did Moses or Mohammed or Budha. This extra chlorine which is the price we have to pay for the industrial boom does not directly affect human health as far as we know, but it has a dangerously debilitating and strategic effect on the healthy functioning of the atmosphere. Like an acid, it burns a hole in the earth’s protective ozone shield and depletes ozone layer worldwide. Ozone depletion is the first of three strategic air pollution threats, the other two are diminished oxidation of the atmosphere and global warming. Ozone depletion diminishes the atmosphere’s ability to protect the earth’s surface from harmful ultraviolet (or short-wave) radiation. A thinner ozone layer allows more ultraviolet radiation to strike the earth’s surface and all living things on or near the surface. Many life forms are vulnerable to large increases in this radiation, including many plants, which normally remove huge quantities of CO2 from the atmosphere through photosynthesis. But the scientific evidence now indicates that these plants, when exposed to increased ultraviolet radiation, can no longer photosynthesize at the same rate, thus raising the levels of CO 2 in the atmosphere. Decreased oxidation damages the atmosphere’s ability to constantly cleanse itself of pollutants like methane. Global warming inhibits the atmosphere’s ability to maintain global temperatures within the KERALA POLITICS
relatively constant range that provides a stability for the current global climate system. The International Panel of Scientists has found that burning of fossil fuels (coal, oil and natural gas) has been generating gases like carbon dioxide methane and nitrous oxide (greenhouse gases) that trapped heat and produced global warming. Of all the greenhouse gases carbon dioxide plays a critical role triggering enough warming to increase the amount of water that evaporates from the oceans into the atmosphere. This extra water vapor , in turn, traps nearly 90 percent of the infrared rays radiated from the surface of the earth back towards space retaining them long enough to produce global warming. Global warming raises the sea level in several ways. Higher average temperatures result in the melting of glaciers, with ice being discharged into the oceans from the ice caps of the Antarctic and Greenland and in the thermal expansion of the volume of the sea as its water warms. A sharp rise in sea level could have a horrifying impact for India as about a quarter of India’s population lives within 50 Kms. of the coastline. Our major industrial cities with huge population such as Bombay and Madras are located on the coast. Besides, fertile agricultural land located on the coastal regions could be vulnerable to inundation. An increase in the sea level could also lead to salt water entering the groundwater reservoirs (aquifers) on which people depend for drinking and irrigation.As a result of climate change cyclones could become more frequent and climate no longer a stable phenomenon. Droughts and spells of excessive rain are likely to become more common in India and any major changes in rain fall pattern(s) will have far-reaching consequences for agriculture and water availability. Accelerated melting of Himalayan glaciers that nurture India’s major rivers (Ganges, Indus and Brahmaputra) providing water to millions of people will have destructive and far-reaching influence on future water availability. A disturbing fall out of global warming is on forests and the flora and fauna it supports which being unable to cope with climate change may face extinction. Already, wild life is disappearing from our planet at a catastrophic rate, a fact we cannot ignore. And the scenario is all set to become worse as climate change becomes an increasingly dominant and decisive factor affecting species and accelerating biodiversity loss. Climate change is a universal phenomenon and all nations are affected by it. The Intergovernmental Panel on Climate Change (IPCC) has warned that climate change has ominous portends to our planet and all nations have important stake in addressing the new threat. According to IPCC, by 2100, temperatures will rise by 1.1 to 6.4 degrees Celsius and sea levels by 7 to 23 inches. Therefore, there is urgent need for action by all concerned, as otherwise we will have to pay dearly for our lapses and the costs of addressing it later will be significantly greater. Addressing climate change is challenging considering the fact that international actions 2010 February 16 - 28
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are limited by severe constraints and portfolio boundaries coupled with the fact that Governments will act in their own national interest. But, as a step-in-aid to combat climate change ways and means that will have great impact on carbon emission have to be devised. We have to give a new thrust to the development of alternative sources of energy to reduce global reliance on fossil fuels, including greater use of hydroelectric power and nuclear energy, while promoting the use of non-fossil fuels and renewable sources of energy and promotion of mass transportation systems investing heavily in the railways so that goods could be transported with least consumption of fossil fuels which will go a long way in addressing the problem of global warming. Reverting to biodiversity, the picture is disquieting with wildlife vanishing at an alarming rate. Aquatic species have been particularly hard hit as the human population booms, so also the dwindling numbers of animals and birds. Various factors such as over exploitation of marine wealth, pollution and expanding urbanization are to be blamed as the culprit responsible for this bleak scenario. It is a doubtless fact that failure to reverse biodiversity loss would have negative impact for humans. In the next few decades, climate change is expected to become a serious threat to species. The threat comes at a time when humans KERALA POLITICS
are consuming more and more natural resources and are now using 25 percent more than the planet can replace it. The fact that unbridled and senseless human activities have caused rapid changes in biodiversity in the last five decades than at any other time in history should serve as a timely reminder to all of us. To conclude, I may reiterate that the ‘Mother Earth’ is dangerously ill with pollution, right from the bottom of the seas to the limitless space. Even the very existance of the globe is at stake thanks to the ever increasing flow of chlorofluro carbons (CFC) which has destroyed the protective ozone layer of the earth thereby increasing the risk of ultra-violet radiation and global warming. Dust of many a political storm including the cold war between super-power blocks has settled down, but not the ever increasing dust of pollution, whether it be on the seas or on the land or pollution in space or
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sound pollution or nuclear pollution posing a perpetual threat to the life and well being of mankind. Therefore, it is time for the community of nations to act swiftly and with utmost dispatch to reverse and halt the trend of global warming and all that follows it. With the backing of international legitimacy, the United Nations on its part shall step in to ensure that all countries developed or developing take concerted national action on global warming and climate change and to establish an effective mechanism aimed at stabilizing global carbon emissions within acceptable limits. Since there are no longer any doubt about the strong link between greenhouse gases and global warming with catastrophic consequences to the humanity, the only question is whether we have the political will to sit together and chart out a course of action that can minimize global warming.
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