Friday, September 14, 2012

Vishal Jolly, Why Do You Regret?


Vishal Jolly, Why Do You Regret?

By Zubair Ahmed

No doubt, politics and politicians are always objects of contempt and disdain. With no prerequisites and criteria to qualify as a politician, irrespective of their position or standing, generally, they have to bear the sneer and jeer of everyone. The way they conduct in their public and private zones are equally responsible for the zoomed lenses focussed on them.

When Vishal Jolly, the alternating politician-cum-businessman and the ex-president of BJP thought of encashing the submerged land, he did not expect such hue and cry from outside and inside the party he belongs to.

Vishal Jolly, once an active politician and the protégé of Bishnu Pada Ray became a public figure after he got elevated as the Adhyaksh of Zilla Parishad and proved to be one of the most corrupt one.

Skirmishes between the Guru and Shishya had started to surface on the horizon soon after Vishal started sidelining Bishnu. During his term as State President, tussles became too open to contain. With the diktat of Vishal banishing Bishnu, the sitting MP from State Headquarters brought a cataclysm in the political sphere of the Islands. Bishnu was forced to rethink his political strategy which finally resulted in the launch of Trinamool Congress, with the blessings of both Bhakta and Bishnu, the two disgruntled politicians of the major parties. The move deeply affected the prospects of BJP in the Panchayat/Municipal elections.

In the last couple of years, an unprofessed armistice between the two resulted in Bishnu getting closer to the party and Vishal getting far away from it. When Bishnu concentrated on consolidating his position as a politician in and around the party, Vishal focussed on establishing a mini-business empire, far far away from the maddening political realm.

He became an irregular politician showing his face whenever he had to assert himself before the national leaders when they visited the Islands. Recently, he shared dias with Rajnath Singh and forcefully spoke against the Admn for their insensitive approach towards the tsunami-affected farmers. Initially, Vishal had led the movement as a politician as well as an affected landowner, but his prolonged hiatus from the political scene had left a void, which Bishnu easily filled.

Grabbing the opportunity, Bishnu made deep inroads into the hearts of tsunami-affected farmers and took their fight to various possible levels. With BJP putting its weight behind Bishnu and formally taking him back into the party-fold, Bishnu became the face of the Tsunami affected farmers. Vishal did not even try to recoup and join the fight, and was left far behind.

The issue, which forced Vishal to retract and come out with a clarification, is very common among politicians. They always fail to walk the talk.

However, is the issue as simple as that? Why the ANI Admn is bent upon publishing photographs of all beneficiaries of the compensation paid to them? What kind of message does the Admn want to convey through the whole publicity stunt? Is there an implied battle ensuing where Admn is trying to gain a lead over somebody?

In fact, the State machinery is very powerful in Andaman and Nicobar Islands. Nobody can go against the State and win anything. But, that does not imply that the Islanders have to behave like slaves and accept whatever is thrown at them. The bureaucracy with absolute support from the Administrator and ground support from Congress (I) has taken the Islanders for a blind ride is not a secret to be unveiled.

The compensation paid to the farmers is their right, and not charity. The farmers had a genuine demand that their land should not be surrendered for claiming the compensation. The Administration including the Administrator miserably failed in convincing both the farmers as well as the Ministry of Home Affairs (MHA) and faltered at every step. In contrast, they tried to convince the farmers to take the compensation. Just a few days back, when the farmers with active support from BJP and its outspoken MP Bishnu Pada Ray came out with a protest march, the Deputy Commissioner had assured that the matter would be taken up with the Centre. Nobody knows what happened to that vague promise. The Administration never followed a transparent policy in any matter concerned with the Islanders.

The compensation amount now distributed with much fanfare is indirectly the result of the farmers protests held at different intervals. Otherwise, the file would have taken another decade to move from one table to another.

In this cockfight between the farmers and the Administration, the final victory rests with the Administration, as they are unison in fighting the citizens. The farmers are completely perplexed with the day-to-day turn of events, with the Admn sadistically and psychologically trying all shots to show their might.

In Vishal Jolly, the Admn got the right opportunity to further demoralise the battle of the farmers. When usually they published one photograph of the "solemn" functions, this time they went ahead with publishing three photographs in which two of it featured Vishal Jolly.

There are farmers who are in dire need of the compensation package, but for their dignity, are still eagerly waiting for a positive response where they expect the Admn to give them an assurance that their land will remain with them. Instead of such a move, the Admn finds its own happy moments by breaking the movement bit by bit whenever they get an opportunity.

It will not make any difference even if the seat of Member of Parliament is taken away from the Islands, as in any matters concerned with the Islands, his say does not matter anywhere. The bureaucrat takes most of the decisions on behalf of the Islanders and we shed tears to protect the sovereignty of the republic.

Vishal Jolly at least had the guts to apologize, as he is a politician and will have to face the Islanders. Nevertheless, will the Administration or the Administrator, who too behave as politicians dare to apologize to the Islanders for the innumerable blunders they have committed including the Buffer Zone and the Farmers' Compensation Issue? They are safe playing whatever dirty games they can conjure, as they are not accountable to anybody in Andaman and Nicobar Islands.

Sunday, September 2, 2012

Gethin Scare and Jarawa Musings


Gethin Scare and Jarawa Musings

By Zubair Ahmed

Gethin Aaya… Gethin Aaya…. Bhago….!!!
The Jarawas waiting under the shade of a Gurjan tree next to Andaman Trunk Road jumped and started running deep into the forests shouting … Bhago Bhago…. Gethin Aaya! Gethin Aaya!!

The Jarawas it seems had prior information, like the ANI Admn and especially the Tribal Welfare Dept that Gethin Chamberlain, Journalist, The Guardian/Observer is coming back to take stock of things, after his visit eight-months ago. They had made all arrangements to make this visit a memorable one with sufficient staff posted everywhere to "take care" of him. The ANI Admn was on an all-time "High Alert" expecting another explosion.

However, the timing seemed perfect this time. Gethin's visit coincided with the ending of the 8-week moratorium requested by the ANI Admn to modify the BZ Notification, that too without implementing it as ordered by the Supreme Court.

Was this a coincidence? On August 13, there was a meeting on PTGs at Planning Commission, which was attended by various agencies including a delegation from the Islands led by Secretary Tribal Welfare, ANI Admn. It is learnt that a representative of Survival International was also present in the meeting.

It cannot be ruled out that Gethin on behest of Survival International visited the Islands on a fact-finding mission. And, to his luck, he could get a ticket on ANIIDCO-run air-conditioned tourist coach to Baratang which had "Incredible India" painted in large blue letters on it. Besides Gethin, there were about 20 odd tourists and a couple of mufti-clan "Observers" especially observing every movement of Gethin,  The Observer/Guardian Journalist.

The vehicles of Director, Tribal Welfare and Executive Secretary AAJVS were also found parked near Jirkatang Check Post.

The Secretary, Tribal Welfare made a presentation on the status of PTGs of the Islands in the Planning Commission meeting. Replying to queries from various quarters, he convincingly told them that the Supreme Court Order on Buffer Zone is implemented in letter and spirit and on ATR, he assured that the alternative sea route is going to be operational in a matter of one and half years. With all confidence, he also declared that no tourism activity is happening in the Buffer Zone. Moreover, the amended ANPATR with stringent punishments has been a good justification to show how serious the ANI Admn is about protection of the "vulnerable" Jarawa tribe.

In fact, after the interlocutory petition filed by the ANI Admn in the Supreme Court for an 8-week relief, the steps taken are very funny. Instead of stopping tourism to Limestone Cave at Baratang, the forest personnel issuing permits have been withdrawn. Now, officially and as per records, no tourism is happening. However, now tourists can visit the caves without permit without any monitoring. Therefore, officially no tourism is happening at Limestone Cave.  About 20 invisible boats ply between Baratang and Limestone Caves ferrying invisible tourists. Close your eyes and its darkness everywhere!

The Buffer Zone Notification 2007 and the stricter ANPATR 2012 remains a scarecrow without much action on the ground like the SC Order of 2002. The Admn is good in making laws, but very poor in its implementation. Tourism activities are going on in Buffer Zone non-stop or how can a Bus full of tourists visit Limestone Caves through ATR? How Baratang Jetty is excluded from the 5-km Buffer Zone and the far-flung Dew Dale Resort included?

On the amended ANPATR 2012, there has been enough scare among the settlers that the Director General of Police had to issue a press note. The Director General of Police, SBS Deol clarified that all police personnel had been directed that before registering any case under the PAT Regulations, all the facts are to be placed before the Police Headquarters and the approval and consent of the DG Police made mandatory before proceeding further.
Regarding commercial activities, the ANI Admn had clarified, “Only those commercial activities which employ twenty employees or having an annual turnover of rupees one crore or more have been prohibited under the new PAT Regulation.  All plan schemes and projects as approved by the PRIs and Gram Panchayats will continue for overall development without any interruption in the villages”.

The people living in the adjoining areas were also advised not to get swayed away by mischief mongers (Bishnu Pada Ray, Member of Parliament) who is trying to spread rumours and create fear in the minds of the community living in these areas.

On 23 July 2012, there was a communiqué from the SP (SA) that Baratang Police Recovered Huge Haul of IMFL inside Buffer Zone. Did the Police register a case as per the sections under amended ANPATR 2012? If not, why such a misleading news that the haul was inside the Buffer Zone? Such news will be appreciated at national level, but who cares about any follow up?

What happened to the Jarawa video episode which was shot by army personnel? Why no action against the culprits? Someone needs to explain.

For any clarification or dispute regarding Buffer Zone, the Administrator's decision has been deemed final and in the case of ANPATR 2012, DGP's ruling will be final!

How democratic is the concentration of power in the hands of a few individuals? Not a single Islander has any idea what modifications the Admn is making in the Buffer Zone Notification of 2007. There is no consultation process at any level. The amended notification will also be arbitrarily forced on the Islanders. Why can't the Admn have an all-party meeting regarding the modification of BZ Notification? It is learnt that while writing this piece, a meeting with regard to BZ is being convened.

On the other hand, there is enough to rejoice about the growth rate among Jarawas. There have been about 20 births this year up to August 2012 with the population figure going up to 407.

Moreover, in the last six months, there have been a few incidents where Jarawas retaliated against invasion into their areas by Sarkari poachers as well as Settler poachers.

A group of eight forest labourers who ventured into the Jarawa Reserve at Wright Myo to procure Cane and Bamboo were rounded up by a group of alert Jarawas, and all their implements including their personal belongings snatched and warned never to come to their Reserve. In another incident, a group of poachers was attacked near Pottatang Nallah by Jarawas.

If ANPATR and Buffer Zone remains scarecrow, Jarawas are becoming more scary and assertive about their land and their resources. A couple of months back, a Jarawa had specifically named a timber poacher of South Andaman, who has a temporary shed inside the forest for sawing and sizing timber, which the forest officials are quite aware about.

A couple of months ago, a Dinghie was seized by the Forest personnel at Wright Myo with 2-3 deers and other forest produce which had come from Jarawa Reserve, and it was reported that the culprits escaped. However, the seized Dinghie at Wright Myo has a registration number, which could have easily helped in tracing the culprits. Why no action under ANPATR 2012 was registered by either Forest officials or Police?

All the hullaballoo by the media and the dubious steps of the Admn to protect the Jarawas and their territory will always attract curious attention from national and international forums, and the business will continue as usual in the Islands without much fanfare. Tourists will use ATR, Limestone Cave will remain open, Alternative sea route will remain a mirage, the count of Jarawas will also increase and the poaching will also continue and the politicians will have enough issues to fight next elections.

Friday, July 13, 2012

Buffer Zone Case: ANI Admn Files Review Plea in SC.


Buffer Zone Case: ANI Admn Files Review Plea in SC
Prays for Eight Weeks to Renotify Buffer Zone

The Andaman and Nicobar Administration today filed a review plea in the Supreme Court praying to pass the direction to suspend/defer the operation of the order dated 6 July 2012, by a period of eight weeks (2 months).

The Supreme Court had ordered to implement the Buffer Zone Notification 2007. However, the Administration had not closed any commercial or tourism related activity after the order. By filing the review plea, the Administration will allow status quo to continue, it is learnt from official sources.

The Administration in the application has mentioned that the Buffer Zone contains 31 Revenue villages with a population of over 22,000 people and some commercial activity is therefore necessary for the livelihood­ and day to day activity of these persons. It has also informed the Court that ANPATR 1956 was amended to include the option of notification of a Buffer Zone, and to clearly define commercial and tourist establishment to protect the small scale commercial activity which is necessary for the population in the revenue villages.

ANI Admn has also through the Review Plea apprised the Apex Court that ANPATR Amendment Regulation has been already promulgated by the President with the necessary changes. As the amended regulation has already come to force from 9 July 2012, ANI Admn has informed the Court that it is presently proposing to re-notify a Buffer Zone and has prayed to consider that re-notification of a new Buffer Zone is likely to take a short time. The ANI Admn has also submitted the amended regulations in the Court.

The Amended regulation, which came to force on 9 July 2012 has some very intriguing clauses like giving free hand ot the Administrator to declare Buffer Zone. The notification says that "the Administrator can declare any area which is adjacent and contiguous to the reserved area as Buffer Zone and specify the limits of such area and may from time to time in the like manner alter such limits." "If any question arises whether any area falls within or without a Buffer Zone, it shall be decided by the Administrator and his decision shall be final."

The Andaman and Nicobar Administration has only filed a Review Plea and is yet to get relief from the SC. Until it gets relief, it is bound to implement the Buffer Zone Notification 2007, and in case of inaction, it can be deemed as Contempt of Court. From the date of the Order, even after a week, the Administration has not taken any action on the SC Order.

The Admn is using the same modus operandi it used with the Supreme Court Order of 2002. It had filed a review petition pleading to keep the Andaman Trunk Road open. The SC is yet to respond to the affidavit and it is taken for granted that filing a review plea or affidavit is enough to circumvent with ingenuity any order from the Apex Court.

Why and how the contentious 2007 Notification boomeranged is another aspect which is interesting. It was not the concern for the Jarawas that forced the Admn to notify the Buffer Zone from 500 mts to 5 km radius.  And, in 2007, Barefoot opposed the Notification, as their resort in Collinpur was shut down and ANI Admn with myopic vision fought for its implementation not realizing its wider impact. In 2012, Barefoot fought for implementation of the Notification, as they wanted justice and ANI Admn opposed it realizing the blunder they had made. Or, why the Admn which shed crocodile tears for the Jarawas have gone for a review plea, if it felt in 2007 that such a Buffer Zone was a necessity for the survival of Jarawas?

The question is why such a notification with glaring loopholes like 31 revenue villages did not strike the masterminds when they declared a Buffer Zone in 2007? Where they not aware about the implications of such a vague Buffer Zone or was it meant to target a specific establishment, blinding them about its larger impact? Is the Administration willing to accept that it blundered? Don't the Islanders in the affected area deserve a clarification, rather a confession about the whole episode?

Tuesday, July 3, 2012

BUFFER ZONE CASE JUDGEMENT: FULL TEXT


IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) No. 12125 of 2010

LG, Andaman & Nicobar Islands and others                 … Petitioner(s)
Versus
M/s. Bare Foot Inns and Leisure Pvt. Ltd.                … Respondent

O R D E R

G. S. Singhvi, J.
    
 On 11.5.2012, arguments were heard in  the  context  of  letter  dated 10.5.2012 sent by the Principal  Secretary  (Tribal  Welfare),  Andaman  and Nicobar Administration to the Additional Solicitor  General  and  the  order was reserved.
      In the main petition, the petitioners have questioned the judgment  of the Division Bench of the Calcutta High Court, Circuit Bench at  Port  Blair whereby the appeal preferred by  them  against  the  order  of  the  learned Single  Judge,  who  quashed  notification  dated  30.10.2007  issued  under Section 3(1) of the Andaman and Nicobar Islands  (Protection  of  Aboriginal Tribes), Regulations, 1956 (for short, ‘the 1956 Regulations’) declaring  an area upto five km. radius around the Jarawa Tribal Reserve  as  Buffer  Zone and prohibiting entry in the Buffer Zone of any person other than  a  member of an aboriginal tribe was dismissed.
      Notice in the special  leave  petition  was  issued  on  8.3.2010  and operation of the judgment impugned therein was stayed.
      On 3.12.2010, this Court expressed the view that the petitioners  have not taken steps to implement the notification and directed their counsel  to make a statement on the issue of  closure  of  all  commercial  and  tourist establishments within the Buffer Zone.  Thereafter, several  interim  orders were  passed  by  the  Court  for  ensuring  faithful  compliance   of   the prohibition contained in the notification issued under Section 3(1) of   the 1956 Regulations.
      On 3.2.2012, the Court appointed S/Shri T. S. Doabia, Senior  Advocate and Sanjay Upadhyay, Advocate, whose names were  suggested  by  the  counsel for the parties, as Court Commissioners with the direction that  they  shall visit the Island mentioned  in  the  notification  and  submit  report.   In compliance of the directions given  by  the  Court,  the  two  Commissioners visited the Island and submitted their separate reports. On  23.4.2012,  the Court noted the submission made by learned counsel for the  respondent  that the Commissioners had not focused on the  issue  mentioned  in  order  dated 4.11.2011  and  directed  the  counsel   for   the   petitioners   to   seek comprehensive instructions  on  the  question  of  stopping  commercial  and tourism related activities within the Reserved Area and the Buffer Zone.
        In  compliance  of  the  aforementioned   direction,   the learned Additional Solicitor General produced letter dated 10.5.2012,  the  relevant portions of which are extracted below:
        “This is in continuation to our letter dated 3/5/2012 referred  to above and discussion held today with you, the following  brief  may kindly be placed before the Hon'ble Supreme Court in the hearing of  11/5/2012 as directed by the  Hon'ble  Court  in  its  order  dated  23/4/2012,

1.     No tourist establishment such as resorts, hotels, restaurants, bars and paying guest accommodations except  the  government  run  Guest  Houses will   be permitted    within  the Buffer    Zone.

2.     No commercial establishment/activities which may employ  more  than 20 persons or have annual turnover of Rs. One Crore or more will be allowed in the Buffer Zone.

3.     Visits of tourists during day time  to  Lime  Stone  Cave  and  Mud Volcanoes existing in Baratang Island in the  Buffer  Zone  may  be allowed to be continued.

Yours faithfully,
(Ajai Saxena)
                                       Principal Secretary (Tribal Welfare)”


      Learned counsel for the parties made their submissions mainly  on  the issue of continuance of commercial and  tourism  related  activities  within the Reserved Area and the Buffer Zone.  While Ms.  Indira  Jaising,  learned Additional Solicitor General submitted that till a decision is taken by  the competent authority on the issue of allowing commercial and tourism  related activities within the Buffer Zone,  the  Court  may  permit  the  activities specified in paragraphs 2 and 3 of the letter of  the  Principal  Secretary, Shri S. Ganesh vehemently opposed the continuance of any  such  activity  in
the Reserved Area and the Buffer Zone by pointing out that  the  prohibition contained in Notification dated 30.10.2007 and order dated 6.11.2007  issued by Tehsildar, Ferrargunj is absolute.   Shri  Ganesh  submitted  that  after forced closure of the  respondent’s  resort,  the  petitioners  can  neither undertake  nor  allow  any  commercial  or  tourism  related   activity   in contravention of Notification dated 30.10.2007.
     
We have considered the  respective  submissions.   Notification  dated 30.10.2007 which was challenged before the High Court  and  which  is  under consideration in the special leave petition reads as under:

“EXTRAORDINARY
Published by Authority No. 243, PORT BLAIR,
TUESDAY, OCTOBER 30, 2007

ANDAMAN & NICOBAR ADMINISTRATION
Directorate of Tribal Welfare

NOTIFICATION

Port Blair, dated the 30th October, 2007

                 No. 234/2007/F.No. 1-752/2007-TW  -  In  exercise  of  the power conferred by Sub-Section (1) of Section 3 of the Andaman  and Nicobar Islands (Protection of Aboriginal Tribes), Regulation, 1956 (Regulation No. 3 of 1956), the Lt. Governor, A  &  N  Islands,  is pleased to declare the area up to five km. radius around the Jarawa Tribal Reserve notified  vide  No.    159/2004/F.No.  1-752/2002-TW (PF) dated 15th September, 2004 from  the  Boundary  Line  starting from Constance Bay in South Andaman to Lewis Inlet  Bay  in  Middle Andaman, as a Buffer Zone.  Any/person other than a  member  of  an aboriginal tribe is prohibited from entering the  Buffer  Zone  for any commercial and/or tourism activities.”

      In our  view,  the  prohibition  contained  in  the  above  reproduced notification and order dated 6.11.2007 passed by  Tehsildar,  Ferrargunj  is unconditional. Therefore,  till the notification is  rescinded  or  amended, no commercial  or  tourism  related  activity  can  be  allowed  within  the Reserved Area or the Buffer Zone and it is not possible  for  the  Court  to approve the suggestions contained in paragraphs 2  and  3  of  letter  dated 10.5.2012 sent by the Principal  Secretary  (Tribal  Welfare),  Andaman  and Nicobar  Administration.   We,  therefore,   direct   that   henceforth   no commercial and tourism related  activities  shall  be  carried  out  by  the administration or any private individual in  violation  of  the  prohibition contained in notification dated 30.10.2007 and order dated 6.11.2007.
      It shall be the duty of the Principal Secretary (Tribal  Welfare)  and other officers of the Administration of Andaman and Nicobar to ensure  total compliance of the prohibition contained  in  notification  dated  30.10.2007 and this order.   Any breach of this order will entail punishment under  the Contempt of Courts Act, 1971.

  …..……….....……..….………………….…J.
                                     [G.S. SINGHVI]

                                                    …………..………..….………………….…J.
                                     [SUDHANSU JYOTI MUKHOPADHAYA]
New Delhi,
July 02, 2012.

Sunday, April 22, 2012

COVER STORY: TSUNAMI-AFFECTED FARMERS: LIES AND DAMN LIES


THE LIGHT OF ANDAMANS | ISSUE 30 | 20 APRIL 2012

COVER STORY:

TSUNAMI-AFFECTED FARMERS:
LIES AND DAMN LIES

By Zubair Ahmed

It's very easy to say that the farmers have waited eight years. However, in these eight years, the Islands saw three Administrators, four Chief Secretaries, five Deputy Commissioners and countless Commissioner-cum-Secretaries for Relief and Rehabilitation.
Simultaneously, the submerged landscape has also changed its nature into different avatars during the last eight years. Before tsunami, it was agricultural land, post-tsunami, it was called tsunami affected land, later it turned to be a fishing ground brimming with fishermen and crocodiles, now it's transforming into a mangrove groove with fresh offshoots appearing here and there. Finally, nature-lovers and conservationists have started to realise that the newly-formed wetlands are turning into an abode for migratory, resident and common birds.
However, the status of the affected farmers has remained unaffected without much to talk about. The Administration never allowed them to shed the affix 'tsunami-affected' from their names. They are sympathised with and everybody worth of their salt has tried to play with their emotions. Elections were fought and won on this issue.
When the Home Minister P Chidambaram visited the Islands to take stock of the development and progress of this territory, he proclaimed at a public meeting at Congress Bhavan that ANI Admn has successfully completed the Tsunami Rehabilitation Programme except carpeting of 4.8 km road and distribution of compensation package to the farmers whose lands are submerged. 
"The 2012 tsunami did not touch the shores of Andamans, as it felt ashamed how ANI Admn had miserably failed in compensating the poor farmers affected by the 2004 tsunami," said an aggrieved farmer sarcastically on the attitude of ANI Admn towards the tsunami-affected farmers of South Andaman.
Some called the day of protest a black day, others a shameful day. And, the ANI Administration felt that a day was wasted. The Deputy Commissioner wanted his honour not to be breached. The bureaucrats at the highest level did not want to climb down the elite pedestal and meet the protesting farmers. The Lieutenant Governor, who had once openly declared his personal interest in the tsunami compensation issue, shirked away from meeting the farmers as it seems, he himself remains clueless and in darkness about the issue.
After a long wait and various forms of protest in the last couple of years, assurances of various types and kinds were what the farmers got in exchange. When the Home Minister P Chidambaram visited the Islands in January this year, he promised twice that an amount of Rs 130 crores has been sanctioned and will try to disburse it before 31 March 2012.
There is a deep sense of betrayal, fear and permanent sense of loss, as the landowners, who see their submerged land and the lackadaisical attitude of the Administration.
In fact, the Home Minister did say that the fund has been given to ANI Admn and about 95% victims are willing to take the compensation package and a small minority of about 5% are reluctant and his request was to convince the remaining few. He categorically said that efforts will be made to disburse the amount before the end of last financial year. He even said that it would be very difficult to reopen and revise the package at this moment and when specifically asked, assured that the submerged land would not be acquired in lieu of the compensation amount, as it was a natural disaster.
When the protesting farmers met Bhupinder Singh Bhalla, Commissioner-cum-Secretary, Revenue he informed them that the amount was only sanctioned and not allotted, and the file is in Ministry of Finance. It is also strongly doing the rounds that the amount was diverted.
There has been lack of transparency in the ways of the administration. First, they failed to identify sufficient alternate land, and later they announced the amount as relief and now they are stressfully mentioning it as compensation in lieu of submerged land.
When mourning the deaths of thousands in a ritualistic manner, precious little has been done for the living. It has been a long game of passing the buck and any other tool that could justify inactions. The inertia of rest breaks only in bursts, after such protests.
Its time the Admn removes the albatross of Tsunami Relief and Rehabilitation round its neck closes the file and the territory moves ahead with other pressing developmental projects.
The Islanders deserve not a clarification, but immediate release of the relief amount and surely an apology for all the lies and damn lies perpetrated in the due course.

COVER STORY: Farmers on Warpath


THE LIGHT OF ANDAMANS | ISSUE 30 | 20 APRIL 2012

COVER STORY:

Farmers on Warpath

After a prolonged battle for relief for their submerged land, when the Admn kept delaying the process for strange and mysterious administrative reasons, farmers decide to hit the road. The Member of Parliament Bishnu Pada Ray too extended his support and joined the Dharna in front of the Secretariat on 19 April.
Gram Sudhar Sangham had intimated the Lieutenant Governor on 12 April that patience have worn out and it cannot wait any more and will organise a dharna protesting the delay in payment of the compensation amount received from Centre. In October 2010, Lieutenant Governor had informed GSS that it had demanded Rs 135 crores for the purpose. Even after two years, there was no sign of any progress. Only empty promises were pouring in from the Admn.
Hundreds of farmers and their well wishers alongwith the MP sat ion a Dharna in front of Secretariat and later moved towards Raj Niwas when the talks between the agitators and Secretary revenue failed. The farmers were not allowed to meet the Lieutenant Governor citing various reasons. They blocked roads at different places and finally tried to forcefully break the blockade and enter Raj Niwas. The farmers alongwith the MP was taken into preventive detention and kept at PS Aberdeen.  Learning about the detention of the farmers, hundreds of youth from South Andaman gathered near Light House Cinema and blocked road for hours demanding a resolution of the issue.
Late evening, the Deputy Commissioner  South Andaman met the agitators at PS Aberdeen and handed over a letter from the Secretary, Revenue which stated that the issue is fervently pursued by the Administration at high level and the Chief Secretary will meet Cabinet Secretary, Finance and pursue the matter. It was also decided that a delegation of the farmers along with the Member of Parliament will meet the Chief Secretary on 23 April and finalise the date for disbursal of the money.
The indifferent attitude of the Administration was once again visible when they distanced themselves from the farmers and left the matter for the police to resolve.

COVER STORY: Tsunami Fund was Diverted


THE LIGHT OF ANDAMANS | ISSUE 30 | 20 APRIL 2012

COVER STORY:

Tsunami Fund was Diverted

It is learnt from reliable sources that the Admn had projected and demanded an amount of about Rs 130 crores, which was insufficient for the purpose of relief or compensation. The amount reached the Islands and remained with the Admn for a long time. In the due course, when the realisation dawned that the funds are insufficient and "other important" reasons cropped up, the funds were diverted to fill the gap with due permission from the ministry.
Moreover, the Admn could have at least released first instalment of the compensation instead of diverting it and prolonging the process.  Instead, the funds were used for works in different departments. When the Ministry declared Port Blair Port Trust and later stalled it, there was shortage of funds for administrative expenses too. It is learnt that funds were diverted to that account too. The blatant lie that funds were not diverted will not find many takers.
The Admn is now in a quandary as it did not expect the farmers to hit the road with the demand for immediate release of the amount. Home spun local wisdom says that the whole process of fresh allocation and release of fund from the ministry will take its own sweet time.
In fact the farmers have witnessed not merely collapse of justice, but its systematic planned subversion. They have realised that it's been a long and blind ride since 2004. The discontent and distrust among the Islanders have started to swell and spill over on to the streets.
Is it not odd that sometime back in 2011, the Administration set off on a weird mission giving the Islanders a choice - land or money? Whereas, the Admn had miserably failed to either identify alternative land or convince Central Empowered Committee (CEC), when it came to the Islands and met the farmers that deemed forest should be de-reserved and allotted to the farmers.
It was quite easy for the Admn to shoot a letter to Delhi saying that there is no sufficient land and monetary compensation should be paid to the affected, that too without doing proper homework.

COVER STORY: From Alternate Land to Relief to Compensation!


THE LIGHT OF ANDAMANS | ISSUE 30 | 20 APRIL 2012

COVER STORY

From Alternate Land to Relief to Compensation!

On 20 April, the Lieutenant Governor gave a clarification condemning the dharna organised by the tsunami-affected farmers led by Gram Sudhar Sangham and supported by Bishnu Pada Ray, Member of Parliament.
The release said that LG Bhopinder Singh had personally met Shri P. Chidambaram, Union Home Minister and urged upon him to convey the sanction of the Govt. of India as early as possible. Before that, the Lt. Governor had written to the Union Home Minister on 23 December 2011, 29 February 2012 and 12 April 2012 for immediate issuance of the sanction to disburse the money in lieu of submerged land to the affected farmers. The Lt. Governor has asked the Chief Secretary, Shakti Sinha to meet officials at all levels in the Ministry of Finance for early clearance of the proposal to disburse financial compensation to the farmers.
From the subject to the content, the phrase "in lieu of" has been used many times. Moving miles away from their earlier statements that the submerged land will not be acquired "in lieu of" the compensation has gone to the docks.
Another word 'misleading' is used whenever the Member of Parliament rakes up any issue, whether it is Buffer Zone, ATR or the issue of compensation for tsunami affected farmers. If you are not towing the official line, whether it is right or wrong, you are misleading the "public." The Administration has to be always right.
When the Member of Parliament in June 2011 raised the issue of tsunami affected farmers and blamed the administration that the monetary compensation is very low and it is not relief, the Lieutenant Governor met a delegation of the farmers, once again led by Gram Sudhar Sangam and repeatedly convinced them that the amount is relief and not in lieu of the submerged land. The MP was once again attacked saying that he is misleading the gullible farmers. Even the Home Minister made it clear that the money is relief and the land will not be acquired. But, Secretary, Revenue refused to give it in writing to the delegation when they met him.

EDITORIAL: Touchy Politics and Politicians


THE LIGHT OF ANDAMANS | ISSUE 30 | 20 APRIL 2012

EDITORIAL:

Touchy Politics and Politicians

Nobody speaks against the genuine demands of the tsunami-affected farmers. It is being raised by every political party and resolutions passed in their conferences. Nonetheless, there has been no combined or collective effort by any political party to unite the farmers and lead their fight and take it to a logical conclusion. Lack of leadership and willpower in raising major contentious issues like Buffer Zone, Assembly for the territory and Compensation for Tsunami affected farmers is the reason for the resentment towards politicians. When things started going wrong, farmers themselves had to come together, unite and raise their voice.
The Member of Parliament is pariah for the Administration due to his eccentricities. Whenever he speaks convincingly, clarifications are issued and he is blamed to be misleading the general public. He is there for every fight. He calls himself the servant of the public and makes everyone hear him loud and clear. He has learnt the trick that his position as MP must be utilized to the core. He keeps reminding the bureaucrats his status and their position too. He declares that his support for the tsunami-affected farmers is unconditional. BJP and a few small parties too extended support to the movement.
It is alleged that the Congress President is very close to the Administrator and never speaks or acts against the Administration. It is also alleged that he had issued a diktat to his party cadre not to support the farmers' dharna, as he felt that the protest was not necessary. Although the words in the clarification note are from the Administration, the spirit of the note belongs to the Congress President. Both the Administrator and the Congress leader claim that they personally met the Home Minister and have done everything required. However, do they still remember the words of the Home Minister who emphatically said that the submerged land will not be acquired by the Government in lieu of the Compensation?
The divide between the cadre and the leadership has also come to the fore, as many of them participated in the protest as it was a serious issue concerning their lives and livelihood, where they had no space for gratification of their leader's ego. Two elected Pradhans from both major political parties and two Independent Pradhans along with a Pramukh came out in full support for the farmers. In fact, they realize that they are directly accountable to the villagers rather than their leaders. It's not just parliamentary elections that matter, but the local PRI leaders need to keep intact their vote bank too during local elections. They cannot wait for the ripe condition to start their campaign as their leader does.
Political parties and leaders need to set right their agenda, if they feel they have to play long innings. Its high time they realize that politics is all about the common man, who makes and breaks them.

NA KAHU SE BAIR: I Act Safe! I Play Safe!


THE LIGHT OF ANDAMANS | ISSUE 30 | 20 APRIL 2012

NA KAHU SE BAIR:

I Act Safe! I Play Safe!

By Ramta Jogi

The Indian Civil Service (ICS) during the British Raj was the backbone of administrative machinery with qualities like - efficiency, integrity, impartiality, equality, honesty and fairplay. Despite it being a foreign rule, the citizens of India fully trusted the service and openly acknowledged its value in terms of delivery of administrative justice with an efficient and impartial conduct of affairs of the State.
On the eve of India's independence the ICS was replaced by Indian Administrative Service (IAS), which is also considered to be the premier elite service in the government machinery. But does its privileged members really possess and display the standard of character, integrity, impartiality and honesty enjoined upon this Service, the same way and level it was possessed and displayed by the members of its predecessor 'ICS' during British rule? Rampant encroachments on government land, unregulated quarrying and mining, abrupt issuance of bar licenses most unethically reducing the distance between bars and educational as well as religious institutions, nepotism, illegal gratification and will-full inordinate delay in disposal of cases of general public by these stalwarts have almost helplessly been accepted by the society.
Any work of a poor citizen which is ultimately done when a powerful politician approaches and recommends the same can otherwise also be done without creating such a situation. But, then the nexus won't work.
In independent India there are two more such elite Service viz- Indian Police Service (IPS) and Indian Forest Service (IFS). Unfortunately in the process of so-called democratization in the country, severe deterioration has taken place in all these three elite Services. The privileged and powerful members of these Services are more often seen bending before the pressures and dancing to the tunes of politicians, compromising with criminals and shaking hands with power-groups than the members of any other subordinate service. Forgetting their prime duty to uphold the principles of good governance, peoples' welfare and justice as enunciated in the Constitution of India, they, in order to boost their self interest and enjoyment negotiates with the power-brokers and become Movers and Shakers in the society instead of custodians and guardians of the rule of law. That is why now the people have given new names to the three elite services - IAS (I Act Safe), IPS (I Play Safe) and IFS (I Function Safe).

PAUPER’S LOG: Sleep As We Swell!


THE LIGHT OF ANDAMANS | ISSUE 30 | 20 APRIL 2012

PAUPER’S LOG:

Sleep As We Swell!

By Abu Arsh

Post tsunami of 2004 has shown that our greed and callous attitude has given way to more degradation of our resources as if there's no tomorrow. Administration after making a meal of the whole Tsunami rehabilitation and reconstruction has come up with great statistics on the decadal people count wherein we have increased a mere twenty more thousand heads. What has perplexed a majority of the Islanders is -where have all the people gone whom we see participating in every other sphere of life in the Islands. There has been an enormous influx in population which a common lay man can see but strangely our enumerators don't. In every trade you see availability of cheap labour and small trade operators of origin which no one has any clue about. We find people of either Oriya, Bengali, Chattisgarhi, Jharkhandi or maybe neither of these but Bangladeshi's. This was not the case a decade ago.    
A new breed of sharecroppers has come up dominating the production chain of vegetables all the year round. These people claim to be from 24 Paraganas or the Sunderbans. Technology adopted is effective with zero tillage and no farm machinery used. Virgin forest area adjoining the fields is also brought under cultivation. Entire government depots of fertilizers are bought and enormous doses of pesticides used. The seeds are extra short duration and of the hybrid variety. The veggies are of sizes and colours never before seen by Islanders. Consuming these lead to serious systemic health issues with young greying before their grandparents did. The growers themselves don't consume the veggies they grow but survive on potatoes and rice. Majority of these are seen buying rice and kerosene from Fair Price Shops at a premium which our affluent islanders by virtue of several pay commission dole outs, don't use for the costlier Ponni and LPG.
The local unskilled and semi-skilled market is also dominated by these. All the labourers of civil contractors are these and their efficiency or output is unrivalled, the contractors would vouch for this. Be it plumbing, carpentry or furniture maker, half of the auto drivers, all of the bearers and room boys in bars and hotels, porters at the airports, cleaners and mechanics at workshops, putchka and noodle sellers on all the possible junctions of the islands are these people. Every other Rural and Urban area of these islands has a sizeable population of these new islanders who wield Chinese make mobile phones with blaring speakers. They come out in the evening and hang out at various joints to have tea, watch television and more importantly charge their mobile batteries especially in rural areas. The reason for this prominently being their habitations doesn't have electricity in the rural areas. Every shack in urban is on rent and the landlord makes a quick buck.        
These new crop of Islanders have several sympathizers starting from their employers, leasers, general islanders, small time politicians and the big bosses of politics/ administration for their efficiency and vulnerability. They would get a ration card, an identity card, a driving license, a passport and what have you by the generosity of these sympathizers. They have contributed enormously to our economy post tsunami and have contributed to the fortune of many including their own. They have contributed even to the crime rate, novel ways of burglaries and encroachment of Government land. Many unsolved cases of heinous crimes like murder can be attributed to them owing to personal rivalries.
Many of us may argue we need these- 'may be or may be not Bangladeshi's' for the Island's economy to strive and survive like all the major cities in rest of India are doing. One fine day a Bal Thackrey would wake up from his slumber and ask his goons to bash and extradite these poor souls as they are eating up on the prospects of the local Marathas. Unfortunately these Islands cannot have this dubious distinction because by the time we realize who these people are they would have become important vote bank and outnumber us as is the case in some North Eastern states. An Administration which cannot count or identify their nationality nor prevent them from contaminating our food or enjoying our subsidies would not be able to stop them from easily assimilating in the Islands society. Who knows? One of them could become the Chief Minister of the islands when it'll have a Legislative Assembly to meet the aspirations of the islanders, sick to the bone of Bureaucratic rule.