Wednesday, November 3, 2010

Spirited fight of the workers against the multinational company Foxconn amid police threats in Tamil nadu

S. DORAIRAJ

Striking workers at Foxconn India in Sriperumbudur near Chennai take on the corporate giant, demanding better wages.

B. JOTHI RAMALINGAM

Foxconn workers demonstrating in Kancheepuram on September 29.

WORKERS at Foxconn-India in Sriperumbudur in Kancheepuram district, Tamil Nadu, have been on strike from September 24 demanding better wages. They also want the reinstatement of 24 suspended colleagues and the withdrawal of an eight-day wage cut slapped on some workers. That they have held out for so long is remarkable, not least because they are mostly young. Various trade unions and political parties have come out in support of their cause.

Aged between 19 and 25, many of the 1,800-odd regular and 3,000 contract workers and trainees have just completed Standard X or Standard XII. A considerable number of them are diploma holders and a few are graduates. Union sources say that their average salary is around Rs.4,500. Most have migrated from other districts during the past four or five years and are children of small peasants, farmhands, construction workers or daily wage labourers. Their employer, the Taiwan-based Foxconn, is a giant mobile phone component manufacturer.

Rallying under the banner of the Centre of Indian Trade Unions (CITU), a large number of the workers have rejected the wage accord reached between the management of Foxconn India and the Labour Progressive Federation (LPF), the trade union wing of the ruling Dravida Munnetra Kazhagam (DMK).

According to A. Soundararajan, State general secretary of the CITU, most of the regular workers, including functionaries of the LPF union at Foxconn, have left the organisation and joined the trade union affiliated to the CITU.

How it started

Though the management turned a deaf ear to its pleas for recognition, the CITU-affiliated union went ahead and submitted a 30-point charter of demands on August 24. It demanded a minimum basic pay of Rs.10,000 with a 10 per cent annual increase; disbursement of Rs.1,000 as city compensatory allowance; Rs.100 as night shift allowance; Rs.25,000 as leave travel allowance; and Rs.2,000 as children's education allowance. It also asked for medical leave, insurance cover, a bonus adding up to three months' salary and a provision for housing loan up to Rs. 5 lakh.

The management responded by writing to the Assistant Commissioner of Labour saying that it was willing to negotiate with the union that represented the majority of the workers. “Kindly facilitate us to show their majority through proper election mode whereby the management can talk to appropriate forum,” it said. However, the government authorities concerned failed to act in this regard and no secret ballot was held to ascertain the strength of the unions. The Foxconn management, which had already initiated talks with the LPF, stayed away from the meeting called by the Assistant Labour Commissioner on September 2. This prompted the CITU union to serve a strike notice on September 7.

In the wee hours of September 22, workers owing allegiance to the CITU began a sit-in against the management for withholding recognition to their union and refusing to talk to its representatives. However, the Deputy Labour Commissioner persuaded the union that a negotiated settlement could be reached on the contentious issues, and the protest was withdrawn with immediate effect.

The very next day, the management declared an eight-day wage cut against those who participated in the sit-in. It also announced that a wage settlement would be signed with the LPF. The following day the workers resumed the sit-in, and the management responded by suspending 24 workers, CITU sources said. It described the sit-in as illegal and the workers' protest on the factory premises as “serious misconduct as per the standing orders of the company”.

“From September 25 to October 4, we were pleading with the Labour officers to come out with a consent advice that the management should revoke the suspension of the workers, the trade union should suspend the protest and the pending issues could be sorted out through talks. This suggestion was not acceptable to the management. Only against this backdrop, we had to intensify the protest,” Soundararajan said.

In a related development, the owner of a building who had agreed to give a portion of his space on rent to house the CITU union office in Sriperumbudur backtracked on October 6, owing to alleged intimidation by a group that warned him of “dire consequences”. The CITU wrote to the Chief Minister about it and sought his intervention to ensure safety for the union activists.

On October 9, along with Soundararajan and E. Muthukumar, Kancheepuram district unit secretary of the CITU, 220 workers were arrested under Sections 147 (rioting), 294 (b) (obscene act and songs), 341 (wrongful restraint) and 506 (i) (criminal intimidation) of the Indian Penal Code (IPC). They were lodged in the Vellore central prison.

While most of these remand prisoners were released on bail, Soundararajan, Muthukumar and 10 Foxconn workers were arrested in a new case on October 13. Shortly before they were taken to a court in Uthiramerur, they were all asked to stand in rows of two and handcuffed. Though the Director-General of Police and the Labour Minister have denied this, Soundararajan has written to the National Commission for Human Rights seeking action against those who were responsible for humiliating the trade union activists. He said handcuffing of remand prisoners was a clear violation of the directions of the Supreme Court and various other courts.

The CITU leaders and the Foxconn workers were released on conditional bail on October 22. During the time that the CITU leaders spent behind bars, a “long-term wage settlement” was reached between the management and the LPF union under the Section 18 (1) of the Industrial Disputes Act, 1947, for three years.

According to the settlement, publicised by the management through a circular on October 12, the gross monthly salary for the first year ending in June 2011 has been fixed at Rs.7,830 for workers with two to three years of service, Rs.9,000 for workers with three to four years of service and Rs.9,300 for those having more than four years' service. In the next two years, the first category will be given an additional amount of Rs.465 and the remaining two categories would get Rs.500 more. Apart from this, a marriage gift of Rs.3,000, a marriage advance of Rs.25,000 and a festival advance of Rs.3,000 will be disbursed to the workers.

Workers' resolve

Neither the wage accord nor the management's appeal to the workers' parents to persuade their wards to return to work could break the workers' resolve to continue with the strike until their demands were met. While most workers from far-off places such as Tirunelveli, Tiruvarur and Theni have returned to their native villages, their colleagues residing in Kancheepuram district and neighbouring Vellore, Tiruvannamalai and Tiruvallur districts assemble at Sriperumbudur every day and demonstrate near the tahsildar's office.

The Foxconn India workers' struggle for labour rights and better wages acquires significance in a State that ranks third in the country in terms of the number of SEZs (special economic zones) approved by the Government of India. So far formal approvals have been given for 69 SEZs, in-principle approvals have been accorded for 20, and 57 SEZs have been notified.

Over 400 hectares of land has been allotted for various SEZs to house 48 industrial units with an investment proposal of about Rs.30,000 crore, promising direct and indirect employment for 1.77 lakh persons. This was announced in the State Assembly in the last Budget session.

Support of political parties

The All India Anna Dravida Munnetra Kazhagam (AIADMK), the Marumalarchi Dravida Munnetra Kazhagam (MDMK), the Communist Party of India (Marxist), the Communist Party of India (CPI) and the All India Forward Bloc have criticised the State government for “not taking any positive step to resolve the labour issues” in Foxconn as well as the public sector Neyveli Lignite Corporation.

The Left parties and trade unions have sent out a clear message to the government that they will be forced to observe a State-wide bandh if the unrest escalates. Different forms of protests have been staged by the trade unions and the Left parties throughout the State. In Chennai, a massive demonstration was staged on October 21 in support of the Foxconn and NLC workers. Addressing the activists, leaders of the CPI(M), the CPI, the AIFB, the AIADMK and the MDMK criticised the DMK government's “pro-management policy and its attempt to prop up the LPF at the cost of the workers' interests”.

In a joint statement on October 13 , leaders of the INTUC, the AITUC, the CITU, the Anna Thozhirsanga Peravai and the AICCTU said MNCs such as Foxconn were not adhering to labour laws. Accusing the government of backing MNCs, they called for immediate steps to release the union activists and to arrange for a secret ballot in Foxconn.

State CPI(M) secretary G. Ramakrishnan said the State government's approach to labour disputes betrayed its keenness to please MNCs. Its stance on labour issues, including those in SEZs, revived memories of the repressive measures of the early 1970s when the State witnessed struggles on an unprecedented scale for labour and trade union rights, he said. He recalled that Chief Minister M. Karunanidhi had declared then that the government would crush the workers' agitations with an iron hand.

S.S. Thiagarajan, general secretary of the Tamil Nadu unit of the AITUC, said workers' rights could not be compromised under the guise of wooing foreign investments. “Unfortunately the labour laws of the country are not followed in the MNC units. There is a marked difference between the approach of the governments in Left-ruled States and other States on the issue,” he said

C.V.M.P. Ezhilarasan, president of the Foxconn India Thozhilalar Munnetra Sangam, denied that the government propped up the LPF union. He said it was the first union to be started in Foxconn India.

In a democratic country, workers were free to launch unions but it was the prerogative of the management to accord recognition. The LPF union had the backing of 600 regular workers and the majority workers had welcomed the wage settlement, he claimed.

The World Federation of Trade Unions has expressed solidarity with the striking workers. In a message on October 25, the WFTU secretariat said, “We unite our voice with the voice of the workers in Foxconn Factory in India who fight against exploitation, against capital and against anti-labour policies.”

Government stance

State Labour Minister Anbarasan also denied the charge that the government was promoting the LPF, particularly in the SEZs. The DMK government would always strive to protect workers' rights and welfare, he said. He claimed that the dispute in Foxconn India was “precipitated by a section of the workers owing allegiance to the CITU” who “damaged” company buses and machinery while the management was speaking to the LPF union on labour demands. He alleged that the CITU agitation was aimed at tarnishing the State government's image.

What the workers say

S. Deepa of Mangadu, who had completed four years of service, said the workers would not resume work until the suspended workers were reinstated. M. Kalaivani, daughter of a construction worker, complained that workers at Foxconn had to run from pillar to post to seek leave. “We have to get the signatures of six persons – the team leader, group leader, cell leader, manpower controller, superviser and manager – affixed on the leave application,” she said. B. Nirmala of Vayalur in Tiruvallur district alleged that some of her colleagues who participated in the sit-in were treated badly by the police while being evicted from the factory premises.

M. Muruganandam of Tirukkuvalai village in Nagapattinam district said safety measures were inadequate in the factory. He added that Rs.750 was deducted from his salary during his stay at the dormitory run by the management at Sunguvarchatram for male workers.

K. Kalaivani of Kancheepuram said medical facilities at the factory site were pathetic. A. Asim, one of the suspended workers, said as cheap labour was available in villages, the management brought them in buses even from places that were 80 km away from the factory site.

Licence to kill -Armed Forces Special Powers Act

PTI

Irom Chanu Sharmila (centre), who has been on a "fast unto death" since November 2000 seeking the withdrawal of the AFSPA, in a March 2009 photograph. She is in judicial custody and is lodged at Jawaharlal Nehru Hospital in Imphal, where she is force-fed. Her fast is still on.

ARE India's Army and paramilitary forces the only ones in the entire world to combat armed militancy? What is the actual need for the Armed Forces (Special Powers) Act, 1958 (AFSPA)? No other Indian law has incurred such odium at home and abroad, especially and repeatedly in the United Nations Human Rights Committee, as this. The Supreme Court's judgment upholding it is pathetically perfunctory. It dealt with every aspect, except the fundamental right to life and personal liberty guaranteed by Article 21 of the Constitution. It is not mentioned even once ( Naga People's Movement of Human Rights vs Union of India (1998) 2 Supreme Court Cases 109). Is that how our apex court acts as the guardian of our rights?

Section 4 of the Act empowers any officer of rank to, “if he is of opinion that it is necessary to do so for the maintenance of public order after giving such warning as he may consider necessary, fire upon or otherwise use force even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons on the carrying of weapons… ammunition…”.

Five features stand out in this statutory obscenity. First, even the warning hinges on the officer's opinion, it may not be a warning “due” or “necessary in the circumstances”. Secondly, even an unarmed assembly of five or more can be fired upon if it violates any order prohibiting any such meeting. Thirdly, it hinges on the subjective opinion of the officer (“if he is of opinion”) in maintaining public order. Fourthly, totally absent is any directive for reasonableness or proportionality. There is no objective test – if it is necessary to do so, or “use such force as is reasonable in the circumstances” to restore public order. On the contrary, there is, lastly, a licence to kill with impunity – “even to the causing of death” without any qualifying conditions. Are you surprised that peaceful demonstrators are shot at?

In Kashmir, unlike in Punjab, whole homes have been blown up by the security forces in crowded areas merely to nab a militant or two. Section 4(2) gives a carte blanche, based again on a subjective opinion, to “destroy” any “shelter” from which inter alia armed attacks are “ likely to be made” or “any structure” used as a hideout by “absconders wanted for any offence”.

One wishes that a scholar or law collective would prepare a study of the background to the Act, especially the parliamentary proceedings. Which genius provided the licence to kill – “even to the causing of death”? The hoary A.V. Dicey writes in his classic Law of the Constitution: “A soldier has, as such, no exemption from liability to the law for his conduct in restoring order. Officers, magistrates, soldiers, policemen, ordinary citizens, all occupy in the eye of the law the same position; they are, each and all of them, bound to withstand and put down breaches of the peace, such as riots and other disturbances; they are, each and all of them, authorised to employ so much force, even to the taking of life, as may be necessary for that purpose, and they are none of them entitled to use more; they are, each and all of them liable to be called to account before a jury for the use of excessive, that is, of unnecessary force” (emphasis added, throughout). Note the contrast. The magnitude of power (even to the taking of life) is conditional on necessity and the soldier is accountable to law.

In India, accountability does not exist. The sanctions provision in the Code of Criminal Procedure (Section 197) requires the Centre's permission for a prosecution. The British soldier had a far more onerous task to perform in Northern Ireland, where preventive detention was discarded as useless after a trial of three years, and the Irish Republican Army (IRA) is better armed and more skilled and sophisticated in the use of firearms. The insurgency lasted for 30 years (1968-2007). The law is that a soldier “for the purpose of establishing civil order is only a citizen armed in a particular manner”.

Section 3(1) of the Criminal Law (Northern Ireland) Act, 1967, says: “A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large” – not for violation of any “order” for maintaining “public order”. Lord Diplock ruled that it would not apply to the arrest of a person of a banned organisation “not also believed on reasonable grounds to be likely to commit actual crimes of violence. ( A.G. for Northern Ireland's Reference No. 1 of 1975 (1977) A.C. 105, (1976) 2 AER 937 at 947.) He added: “What amount of force is reasonable in the circumstances for the purpose of preventing crime is, in my opinion, always a question for the jury in a jury trial, never a ‘point of law' for the judge.” The court would balance the risks of escape with the harm likely to be caused bearing in mind the tension in the situation. But accountability is not avoided and the test of reasonableness remains. Why is the AFSPA barren of this civilised condition?

R. vs Clegg ((1995) A.C. 482) also decided by the House of Lords in a case from Northern Ireland, applies directly to the behaviour of our security forces in Kashmir and the north-eastern region. A soldier was on patrol to catch joyriders when a stolen car accelerated away towards him, with its headlight full on, ignoring an order to stop. All four members of the patrol fired at the approaching car. One of them, Clegg, fired three shots at the windscreen and a fourth after the car had sped away, killing a passenger on the rear seat.

His plea of self-defence was accepted in respect of the first three shots. But the fourth “was an aimed shot fired with the intention of causing death or bodily harm”. He was convicted of murder. The Appeal Court felt it was an offence of manslaughter. The House of Lords disagreed. The fourth shot “was, in the circumstances… grossly disproportionate” to the danger to be averted (page 498). In India, the Army would have seen to it that he was not prosecuted. A Major who killed Jalil Andrabi, a senior advocate in Kashmir, was allowed to escape by the Army. Governments are as cynical.

Sections 3(1) of the Criminal Law Act, 1967, and 117 of the Police and Criminal Evidence Act, 1984, also impose the condition of reasonableness for effecting arrest. Authorities on the law hold likewise (A.W. Bradley and K.D. Ewing; Constitutional and Administrative Law, 12th edition, page 668; O. Hood Phillips and Jackson; Constitutional and Administrative Law, 8th edition, pages 388 and 397; Brownlie's Law of Public Order and National Security, 2nd edition, pages 330-331; R.F.V. Heuston; Essays in Constitutional Law, 2nd edition, page 147). It was well said by a judge that “a gun should never be used or used with any specified degree of force if there is any doubt as to the necessity”.

The AFSPA relieves the forces from all such constraints. Members of the U.N. Human Rights Committee have grilled successive Attorneys-General of India on this law. On March 26, 1991, a member, Wako, pointed out that powers conferred by the Act “went well beyond those provided in the [U.N.'s] Code of Conduct for Law Enforcement Officials, which stipulated that firearms could be used only as an extreme measure and in the event of armed resistance. In particular, Section 4 of the Act seemed to be open to abuse” – the one that gives a licence to kill.

On July 24-25, 1997, Eckart Klein of Germany and Thomas Buergenthal of the United States criticised the AFSPA. On May 23, 2008, at the Working Group of the Human Rights Council, on the Universal Periodic Review, member after member criticised the Act – from Britain, Canada and Germany. They criticised also the vagueness of India's reports which are full of generalities unrelated to the realities. We shall hear more on the subject at the next session.

It is nearly a year since the Union Cabinet has been deadlocked on amendments to the AFSPA because of the Army's opposition. “In the interests of constitutional government and the rule of law, the exercise of the physical might of the modern state must be subject to democratic control,” an authority of constitutional law writes. Defence Minister A.K. Antony is well qualified to exercise that control. He is a confirmed democrat of sturdy independence. He must not fail us.

A.G. Noorani

INDIA FOR SALE-POSCO STORY CONFIRMS IT


The law isn’t such an ass after all. It knows which side the bread is buttered and sucks up to the rich and powerful. Public policy, too, despite its pretensions to being compassionate, is generous with the rich, stingy with the poor. The first of these observations is proved by how the government has laboured to ease South Korean steel giant Posco’s path to clearance for a plant near the ecologically sensitive Orissa coast. The plant had been cleared by UPA-I, but that was deemed questionable in law. So the Union ministry of environment & forests of UPA-II, headed by Jairam Ramesh, set up a new committee to decide on the project. Three of the four members of the committee—tribal affairs expert Urmila Pingle, ex-DG of the Forest Survey of India Devendra Pandey and senior advocate and human rights activist V. Suresh—have recommended scrapping the clearance. The fourth member, Meena Gupta, a former environment secretary, differed: she opined that, instead of scrapping the clearance (given despite violations of the law by Posco), a few more conditions should be imposed. The ministry is yet to decide on the committee’s report. But considering how big corporates work their way around conditions, and considering how low the rate of enforcement of laws and rules is in India, should the clearance be upheld, Posco may well laugh its way to millions of more steel-billions.

Here are some of the serious lapses in the granting of clearance to Posco, as pointed out in the committee report:

  • The Posco plant, to come up in Paradeep, is planned for a capacity of 12 million tonnes per year—equivalent to the combined capacity of existing plants in Bhilai, Bokaro, Durgapur, Rourkela, Burnpur and Salem. But clearance was given on the basis of a rapid environmental impact assessment (REIA) that took account only of a production level of 4 million tonnes, set only for the first phase.
  • REIAs were done separately for the steel plant, its captive power plant and an associated port. Ideally, they should have been assessed together to estimate their full impact.
  • The plant will affect eight villages and 1,620 hectares (of which 1,253 hectares is forest land). This, and the sheer size of the project, should have called for a comprehensive environment impact report (CEIR), but clearance was granted on the basis of a REIA conducted during a single season—that too monsoon. This is not legally permissible.
  • Steel plants are not permitted in eco-sensitive areas categorised as Coastal Regulation Zones 1 and 3. A National Institute of Oceanography study, commissioned by Posco itself, had pointed out that the proposed plant falls within such zones. Despite that, the project was cleared.
  • The Orissa government suppressed the fact that the area was home to some tribals, and, instead of certificates from gram sabhas, as required under the Forest Rights Act, clearance was granted on the basis of a certificate from the district magistrate of Jagatsinghpur.
  • Rehabilitation of fisherfolk, tribals and other inhabitants likely to be uprooted has not even been considered.
  • The environment impact assessment hearings were held far away and under heavy police bandobast, ensuring that few turned up. Copies of the report were not given to people, as required by law.

The second observation, about public policy bearing down on the needy, is borne out by the dithering—even by as high-minded a body as the National Advisory Council (NAC), headed by none other than Sonia Gandhi—in universalising the PDS and including aspects of nutrition in the proposed Food Security Bill. Jean Dreze, a well-known economist and NAC member, pointed this out in his dissenting note, saying the council had succumbed to constraints imposed by the government.

Instead of recommending universalisation of the PDS, the NCA has persisted with a targeted approach, replacing the old BPL and APL categories with the new ‘priority’ and ‘general’ categories. The ‘priority’ numbers will be disputed, as were the old poverty figures. Why, the Planning Commission itself has declared that 50 per cent of the names in the BPL list are undeserving. With this general mindset in the administration, the truly deprived will continue to remain so. And differential pricing of commodities for the two categories will ensure that massive corruption, too, continues.

Now for a fact to drive home the point about the state’s callousness: the government told the NAC it didn’t have Rs 1.80 lakh-crore to universalise the PDS, making dal and edible oil available; it didn’t blink while allowing tax concessions of Rs 5 lakh-crore to big corporations.

Of course, our resources are for the rich, not the poor.

The Woman Who Walks on Water

State apathy hasn’t killed the Medha Patkar-led Narmada Bachao Andolan. SANJANA CHAPPALLI discovers that 25 years later, it still inspires and galvanises similar struggles for justice across India

Narmada Bachao Andolan

PHOTOS: SHAILENDRA PANDEY

SANJANA CHAPPALLI

A group of 12 boys encircle three in the centre - one wears a ghoulish mask and carries a bow and arrow; another is riding a toy horse while the third is dressed as a girl. Drum beats accompany the Adivasi boys as they make their way through the motley crowd gathered in Dhadgaon, Maharashtra. It has been 25 years since the Narmada Bachao Andolan - a people's movement that has brought the struggle in the Narmada valley to the fore - started.

The boys' colourful headgears, the bells tied securely around their waist and anklets, a string of dry gourds and plastic bottles strung around their slim shoulders and the painted faces are enough for the cameras to surface. As people whip out their mobiles for that one shot at memory, there is no change in the boys' pace or expression. But it is really the interactions between the three boys in the centre that are most instructive. It is a searing reflection of the ongoing struggle in the Narmada valley - the girl and the boy on the horse dance defiantly in front of the ghoul, ignoring his repeated aims to shoot them down with his bow and arrow. For at least 25 years now, unmindful of the State's frequently violent postures, the people in the valley have stuck to their rhythm. Danced in front of policemen wielding lathis and guns and raised slogans as they raised their batons. Adivasis, peasants, landless labourers, fish-workers from the valley have walked streets in protest only to watch government after government walk away, refusing to meet their gaze or answer their questions. On 22-23 October, people gathered in Dhadgaon, about 380 km from Mumbai, to remember the streets they have walked in protest. And to remind themselves of the injustice that continues to unravel in the Narmada valley.

For the uninitiated, Narmada is one of India's longest rivers. Rising near Amarkantak in Madhya Pradesh, it flows westwards through Madhya Pradesh, Maharashtra and Gujarat before draining out into the Arabian Sea. In 1961, in step with his “dams are temples of modern India” mantra, Jawaharlal Nehru, India's first prime minister, laid the foundation stone for the Sardar Sarovar Project (SSP), the largest dam in a series of 30 large dams, 135 medium dams and 3000 small dams planned on the river Narmada. The dams, collectively termed the Narmada Valley Development Project, were the government's attempt to harness water that was otherwise, in their opinion, flowing out wastefully into the sea. It was possible, the project conceivers argued, to deliver water to drought-prone areas hundreds of kilometers away from the river, irrigate agricultural fields and electrify villages in the three states - if the SSP and the project as a whole was implemented.

While protests and questions from the estimated 2.5 crore people living have always taken place, the formation of the Narmada Bachao Andolan in 1985 gave the protests much-needed momentum. Among the team of social science researchers and social workers who came to the valley to study the impact of dams, was then 31-year-old Medha Patkar - one of the founders of the NBA. An unstoppable force of energy, Medha has over the years become synonymous with the Narmada Bachao Andolan. Instrumental in charting the course of the NBA and in channeling much of its energy, Medha is today a familiar face across people's movements in India. From Nandigram in West Bengal to Nandagudi in Karnataka, she has travelled across the country to raise her voice in protest along with hundreds of others. While criticisms surface about Medha's constant presence in the media, on the ground, it is impossible to deny that her presence alone at times has galvanised much needed public attention.

‘The NBA has had a lasting influence on the way rehabilitation has been viewed,’ says researcher Thakkar

Staunchly Gandhian in its ideology, the NBA has firmly held on to its strategy of non-violence even in the face of extreme provocation. A fundamental question that the NBA has raised has been about the financial costs incurred by the State on huge development projects such as the SSP and the social costs incurred by ordinary people for the sake of a privileged few. Inherent in these questions have been the role of the state as it unequivocally alters the lives and livelihoods of lakhs of people through its persistent and seemingly blind facilitation of this unequal cost-benefit balance.

By any stretch, this is a simplistic, dumbed-down version of the NBA's trajectory over the past 25 years. It says nothing of the methods adopted to raise these questions - the jal satyagrahas, dharnas, hunger fasts, rasta rokos, rallies. Or the several milestones. The 50,000 people who gathered in Harsud, Madhya Pradesh in September 1989 to raise the slogan of vikas chahiye, vinas nahin (we want development, not destruction). Months later, inspired by the movement, Baba Amte, a miracle worker in his own right, decided to join the struggle and settle down on the banks of the river. The much-lamented July 1993 Jal Samarpan (sacrifice by drowning in the Narmada river). The 1993 victory rally as the World Bank decided to withdraw from the project. The July 1999 'Rally for the Valley' cry - the launch of satyagraha against submergence in Domkhedi and Jalsindhi - two villages that emerged as the epicentres of the struggle. The stillness that set in when the Supreme Court in October 2000 dismissed the NBA petition and ordered the construction of the SSP to its full height. The 21-day hunger-fast in Delhi in April 2006 by Medha and seven others. And several thousand other rallies and protest marches as the NBA took on gram panchayats, district collectors, the state and central governments. The World Bank even.

But even these say nothing of the imaginations that the NBA has triggered over the years. Fired by stories of the struggle, thousands of people have consistently arrived in the valley from Montreal to Mangalore. And stayed. And left. And come back. I was 17 when I first landed in the Baroda office of the NBA. When a senior activist, who had by then spent 11 years with the struggle, asked why I was there, all I could muster was a feeble, “ want to know more”. And two days later, I walked into a meeting led by Medha in Domkhedi, an Adivasi village that was slated for submergence. I stayed on for seven weeks. And left. And returned three more times over the years. I was only of many thousands whose lives in the valley (and since) have been stamped indelibly by the NBA and its struggles. Friends who sit across their partners and talk shyly of meeting them at NBA rallies (“We were there for the Harsud rally... we couldn’t find him one night and I went looking for him”). Others who have sharp memories of relationships being triggered by letters sneaked from jails following an NBA protest (“The connect is strong because our political journeys began from the Valley”). Yet another who grew up in the NBA (“I was four when my father took me for the first rally”) and continues to live there. The simplicity of the questions that the NBA asked and the energy of the struggles that echoed in the valley touched people who lived there and those who visited; the political and the personal.

The flood of people who arrived at the valley soon earned them the label of 'middle-class activists' who were frequently under question. Would they stamp the struggle in the valley with their own ideological baggage? Impress and influence the Adivasis and the farmers - 'the primary affected' - who lived in the valley? Sitting in the tiny Badwani office of the NBA, I had broached this issue with Ashish Mandloi, an NBA activist and farmer in the Nimad region of Madhya Pradesh. Only to be faced by a fiery response. Ashishbhai had been affronted. “It isn't merely an action of support. People come to work with us because they see themselves as part of the struggle. It is as much their responsibility to ask questions of the development paradigm that India is following as it is the compulsion of the Adivasis and the farmers who stood to lose if the dams were completed.” (Tragically, Ashishbhai died of a heart attack on 20 May this year. He was 38).

And yet we have to look beyond the imaginations that the struggle in the Narmada valley triggered if we have to understand why the NBA today occupies a seminal position in the political landscape of Indian movements. Since the movement began, the articulation of development politics in this country has been transformed. Says Himanshu Thakkar, a researcher with South Asia Network on Dams, Rivers and People and a former NBA activist, "The NBA changed the contours of the debate on the development politics in the country. It has had a lasting influence on the way rehabilitation has been viewed in this country."

At a policy level too, the NBA's influence is hard to ignore. The Environmental Sub-Group of the Narmada Valley Development Authority (a nodal agency set up by the Madhya Pradesh government “to oversee water resources development in the Narmada basin”) has been consistently monitoring the project in an unprecedented manner. While environment governance for most projects stops with the grant of the environmental clearance, in the case of the Narmada project, a legally empowered and independent sub group was set up to monitor the project at every level - no mean achievement in the bureaucratic wrangle that defines India.

Important as it is to recognise the influence exerted by the NBA, there are fundamental questions to be asked of the movement. Ideologically, the NBA has been almost adamantly Gandhian. At a time when India's political sphere is punctured by debates triggered by the Maoist movement and their insistence on armed struggle (among other methods) as the path to achieve social and political change, how relevant is a movement that refuses to move away from the Gandhian path of ahimsa or non-violence? It is easy to notice that the State's (the government, the judiciary and the police force) preoccupation with the Maoist movement far outweighs its response to an NBA hunger-fast.

Expectedly, the State's response to the Maoist movement is a visibly violent one; but what of its continued apathy to the questions raised by the NBA through its non-violent methods? Does a continued ignorance or a blatant dismissal (the Supreme Court decision on 18 October 2000 dismissed the NBA's petition and ordered the construction of the SSP to its full height of 138.68 m) indicate a failure of non-violence as a strategy to demand justice? "This is a question that should trigger serious introspection from the Indian State. By ignoring the demands for justice from the Narmada valley, what is the message they are putting out for other movements?” asks Swami Agnivesh, a social activist at the 22 October press conference organised by the NBA in the valley. Others are far less direct in their questions. “The nature of the state has changed,” Rakesh Dewan, a senior activist of the NBA. “For years, I have maintained that Gandhian methods such as hunger fasts have zero impact on the government. That we need to introspect and reflect on ways we can push forward our demands for justice.” Even within the Gandhian paradigm, there are endless possibilities - history bears testimony to Gandhi's own ability to experiment with methods.

If 25 years of a movement is an important moment to consider the actions of the past and reflect on the way forward, it did not figure in the two days' events in the valley. What we witnessed instead was an affirmation to continue on the path of struggle even as several movements from across the country vowed to join hands and confront the state under the united banner of the National Alliance of People's Movements.

For every question that needs to be asked is a memory of the trail that the NBA has blazed in its 25 years. How can we not remember a young Adivasi girl who climbed a tree in a police station as the police attempted to arrest her? She had raised slogans against the dam for hours. How can we not remember the young boys who continue to dance defiantly even as the ghoul attempts to shoot them down?

The Shape of the Beast

Middle-class Indians might hate Arundhati Roy, but shutting her out would leave us a poorer society. Shoma Chaudhury explains why

Shoma Chaudhury
No quarters Roy’s positions on all big issues have evolved into a strident critique of the State

No quarters Roy’s positions on all big issues have evolved into a strident critique of the State

PHOTO: ABID BHATT

Arundhati Roy’s position on Kashmir is just the latest provocation. The truth is her very existence — her persona and her politics — has become a sort of affront to a certain strata of Indians. White-collared terrorist. Serial offender. Activist butterfly. Secessionist. Attention-monger. Rabble-rouser. Hate-merchant. Watching the enraged epithets being shot at her on national television a few days ago, it was difficult to remember that Arundhati Roy is a writer and public intellectual who has, at many crucial junctures, brought the nation’s attention to chasms that threatened to tear it apart.

OVER THE last decade, in fact, Roy has been there first at almost every trench line: illuminating, dissecting, warning, presaging. Taunting the cosy out of their towers. Magnifying the fights of the voiceless. Few other contemporary Indian writers have engaged so fiercely and urgently with the idea and reality of India. And none have taken it apart as unflinchingly.

It is impossible to understand the profound, yet scrappy and conflicted, impact of Roy’s political writings and utterances on India unless one recalls the dizzy euphoria of her arrival and the irony of the journey she picked for herself afterwards. Watching her now, few will remember that Roy was first announced to the world by a breathless article in a leading Indian magazine. The year was 1996. Liberalisation was just five years old. An ebullient middle-class was looking for a mascot. Roy came tailor-made from heaven: she had an elfin beauty, a diamond flash in her nose, a mane of gorgeous hair, a romantic backstory and a manuscript that triggered an international bidding war. India loved her. From the moment The God of Small Things was published, Roy was deemed the chosen one. As the successes of the book piled up — the huge advances, the translations in 40 languages, and finally the Booker (the first time any resident Indian had won it) — it was a done deal: Arundhati Roy was India’s triumphant entry on the global stage. She was the princess at the ball.

If she had stuck to script, Roy would have remained the celebrated first of a series of triumphant notes: Aishwarya Rai winning Miss World, Tatas taking over Jaguar, Indian billionaires making the top of Fortune 500 lists, an awesome 8 percent growth and a burgeoning consumer class. The India Shining story was all stitched up. Everyone was raising a toast.

No one could have anticipated that the princess would strike the gong even before the midnight hour. Willfully bust the party. Pick open the seams of the gown. Show the chariot for a pumpkin. Smash the glass slipper.

But that is what she did. In May 1998, barely a few months into her Booker win, India tested the nuclear bomb. In August, Roy wrote The End of Imagination, an angry impassioned critique of the bomb, her first piece of writing after the novel.

Since The End of Imagination, there has never been a silence from Roy. It was the first in a series of essays that would grow in moral strength and clarity, moving from the shrill, somewhat over-emotional hyperbole of the nuclear piece to the clear-eyed discomfitures of her later ones.

The fact is 21st century India is not one country: it is two continents. If you are moneyed, middle-class or English-speaking, your continent is a great place to live in. There is a lot of opportunity: great jobs, great bars, many houses to buy, many holidays to afford. Elections are held with exhilarating freedom and democracy has never felt more robust.

If you are underclass, tribal or Muslim, your continent is much darker. Roy had crossed over to the dark side.

With each counter-narrative she has written since, Roy has set herself more askance from mainstream India’s wishful idea of itself. At each step, she has rejected the shoe that would allow her to slip back into a rose-tinted world. Instead, she has steadfastly worked at growing into her own ideal: to be a “troublesome citizen”. Expressing her love through critical vigilance.

This is not a love middle-class Indians understand. This is not a continent they have ever visited. At the heart of the constant and angry face-off between Roy and the India that had once toasted her, therefore, there is a fundamental disagreement: what is the nature of the Indian State?

No quarters Roy’s positions on all big issues have evolved into a strident critique of the State

Dam activist With other protesters at the Narmada

PHOTO: LAKSHMAN ANAND

THE CRITICISMS of Roy are manifold. In fact, to say someone is an “Arundhati wannabe” has become a kind of abuse in media studios and swish urban salons. This is the sum of what Roy’s detractors dislike about her. They say she sees no greys: she is too polemical, too one-sided, too untempered, seeing only the negatives about India, never the positives. That she flits from issue to issue — a serial crusader with no real locus standi. That she is hypocritical because, while she herself lives in one of the most tony neighbourhoods in Delhi and has made considerable money on her book out of a globalised market, she is ruthlessly — often mockingly — scathing about rich and middle-class Indians. That she is unforgivingly critical of the Indian State and its instruments even while she enjoys the privileges and freedoms it accords. That she paratroops into situations. That she overstates things. That she uses this to seek attention. That she is too self-regarding. And finally, that she is incapable of understanding how complex it is to govern a country because she has no stake in anything and her only creative position is opposition.

A lot of this is pure chagrin. But in nano measures, some of it is true. For instance, Roy is indeed fiercely impatient of those who have never taken a ride to the dark side. She does not seek to be a gentle persuader, does not seek to whisper to middleclass conscience. She is not interested in people’s comfort zones. She is a striker of gongs. She is in the business of laying bare, not building.

She may not always persuade, therefore, but she certainly challenges. Last week, then, it was terribly dismaying to see the frantic attempt by the electronic media to isolate and outlaw Arundhati Roy. The discussions were not centred on why she said what she did on Kashmir. The discussions were: had she crossed the line? Should she be arrested for sedition? The point is, even if one disagrees vehemently with her tone or her positions, does it make what she is saying illegal? Far from “arresting or ignoring” our intellectuals — as several television anchors urged us to do — should we not engage with and debate their positions?

Democracies are built on some foundational stilts: free speech and free votes are two of the most key ones. It should be obvious then for a country that counts itself as the world’s largest democracy that peaceful dissent is the fundamental right of a citizen. For a writer: even more so. Governments might be tasked to protect the territorial integrity of nations: writers and intellectuals are tasked to protect a society’s soul. They are meant to think and speak and push the boundaries of how we see and understand ourselves. They are not meant to be court poets, toeing the government line. The self-righteous prescriptions that flowed at Arundhati Roy last week — how she should have behaved, what she should have said, what causes she should pick up — show that we are forgetting the catalytic role of a writer in a society.


With the Booker, Roy was India’s proud entry on the global stage. She was the princess of the ball, but she bust the party. Showed the chariot for the pumpkin

Even the worst of Roy’s detractors cannot claim she is a dilettante. Over 12 years of urgent public interventions, she has grappled with all the big issues of our time: big dams, displacement, land acquisition, industrialisation, privatisation, globalisation, terrorism, US imperialism, Hindutva nationalism, Maoist insurgency and, now, Kashmir. Far from being erratic positions, this has evolved into a strident but coherent critique of the Indian State. And, though every time she has diagnosed she has been reviled, with time, she’s been proved right on most of these issues. India is riven by conflicts today, born out of unjust approaches to land and development: the colonisation of the darker continent by its fairer half. Exactly as she presaged. The absurd witch-hunt last week, therefore, drummed up mostly by the media, was not really about the offence of sedition. It was about India’s increasingly narrow ideas about what counts as patriotism and citizenship. It was proof that all key conversations in India have moved away from freedoms to security. From nationalism to jingoism. From citizenship to compliance. It was proof that the media, the middle-class and the Indian State are no longer creative counters in a healthy society. They have morphed into one entity. Not just in interests but in self-image.

Middle-class Indians therefore can continue to hate Arundhati Roy, but it might be a colossal mistake to do so. Like the valiant people’s resistance movements on the ground that have stopped corporate juggernauts and forced the media and Indian Parliament to revise its views on issues like the Land Acquisition Act and the Special Economic Zones Act, Roy is a crucial rung in the ladder of deterrence — the vital pushback — that keeps the idea of the Indian State on its toes, forcing it to remain alive and dynamic. Out of this deterrence arises new thought. Possibilities of change. New conscience. New ways of looking.

Shut the door on Roy — shut the door on voices that taunt and dissent and challenge — and Shining Indians will find they are suddenly left with a poorer society.

SO WHAT exactly did Arundhati Roy say on Kashmir that invited sedition? Going by accounts in the media, in giving voice to the Kashmiri demand for self-determination, Roy committed the apparently cardinal crime of saying, “It is a historical fact that Kashmir is not an integral part of India.”

“This is not India’s official position,” gasped many television anchors and commentators. “How could Arundhati Roy say such a thing?” Set aside the rights and wrongs of the premise for a moment. Ask the basic question: is Arundhati Roy the prime minister, home minister or foreign minister of this country? So what if her “endorsement” of the popular sentiment on the street is uncomfortable for many Indians? Why does she need to mouth the official line? As a writer, is she not meant to voice the world as she sees it? (Was it right that Nobel- winning Chinese dissident writer Liu Xiaobo, Turkish writer Orhan Pamuk and Iranian activist Shirin Ebadi were jailed because their views on their countries did not match that of their States’? Should America’s writers and intellectuals not engage with the epic revelations of Wikileaks on Iraq and Afghanistan because Hillary Clinton has said it will harm national interest and US army morale?)

Last resort Roy has been outspoken about the Maoists too

Last resort Roy has been outspoken about the Maoists too

PHOTO: SHAILENDRA PANDEY

Ironically, if Roy had been booked for sedition, she would have had illustrious precedents. Mahatma Gandhi was charged with sedition in 1922 for his views in Young India. At the trial he said, “I have no desire whatsoever to conceal from this court the fact that to preach disaffection towards the existing system of government has become almost a passion with me… Sedition, in law, is a deliberate crime… but it appears to me to be the highest duty of a citizen.” Inspiringly — displaying the rare commitment to the liberal values that were the founding ideas of this nation — he went on to say, “Section 124 A, under which I am happily charged, is perhaps the prince among the political sections of the Indian Penal Code designed to suppress the liberty of the citizen… If,” he continued, “one has no affection for a person or system, one should be free to give the fullest expression to his disaffection, so long as he does not contemplate, promote, or incite violence… Some of the most loved of India’s patriots have been convicted under it. I consider it a privilege, therefore, to be charged under that section.”

The British colonial government may have given way to the Indian State, but surely the principle of free thought and speech survives. So the key question many forgot to ask last week was — did Arundhati Roy incite people to take up arms? Did she brew disaffection where there was none? She was accused of “hate speeches” — but is hate really what she was preaching?

Roy’s positions on Kashmir are quite evident from her essays and speeches: in a line, she thinks India deserves azadi from Kashmir as much as Kashmir deserves azadi from India. She thinks it is a colossal waste of material resources and human life to maintain a 7,00,000-strong security force in the Valley. She stridently decries the huge human rights violations by the forces that are routine in Kashmir. She sees India’s heavy militarisation there as akin to an occupation. And even as she supports the rising call for azadi on the street, she urges Kashmiris to think more rigorously about the nature of the society they want to create: What space will minorities have in their country? How will they accommodate the aspirations of Kashmiri Pandits, the people of Ladakh and Jammu and the nomadic tribes? How will a religious state sit comfortably with civil liberties? Do not be selective about justice and injustice, she warns.

The pity is, in the furious noise over arrests and anti-national stances last week, the real tenor of the two seminars on Kashmir in Delhi and Srinagar were lost. While the optics of Roy sharing a dais with separatist leader Syed Ali Shah Geelani, who has a long and chequered past, and Maoist ideologue Varavara Rao may have clouded the picture, the truth is even Geelani’s speech was marked by a new moderation. According to one of the speakers, Shuddhabrata Sengupta, Geelani said he wanted to see a strong and resurgent India; he pleaded with Kashmiri Pandits to return to the Valley; he quoted Gandhi to assert that he understood the necessity of conducting a non-violent struggle; he said a free Kashmir would have to be a just Kashmir in which all minorities would be guaranteed security and freedom. And he said he was only advocating for a plebiscite. If the outcome of a free and unhindered plebiscite was that the majority in Kashmir voted to stay with India rather than merge with Pakistan or opt for independent Kashmir, he would bow to that.

Is Arundhati Roy the prime minister, home minister or foreign minister of the country? Why does she need to mouth the official line then?

IT IS true the story of Kashmir is an impossibly complicated and complex one. Any statement on it — almost every version of it — can always only be a partial truth. Just a cursory glance at its milestones tells you that: a Muslim-majority state ruled by a Hindu king in the fraught year of 1947. The invasion of Pakistan army and tribesmen to free “fellow Muslims” from the Dogra king. The king’s hurried plea for help from India; the hurriedly signed Instrument of Accession; the arrival of the Indian Army. Nehru’s promise of a plebiscite when the situation is under control. Three bloody wars with Pakistan. A dismal history of jailed chief ministers and puppet governments. Dozens of UN Resolutions. Dilutions of Article 370. The rigged elections of 1987. The explosion of militancy in the 1990s. The tragic and forced exodus of Kashmiri Pandits. The apocalyptic and internecine killings that followed: army, civilian, militants, mercenaries. The continuing infiltrations. The eternal ISI hand. The thousands of crores the Indian government has spent in developing Kashmir. The daily human rights violations. The suffocating security grid. India’s legitimate security concerns. The spells of peace. The economic blockade. The competition between National Conference and the PDP. The relations between Centre and state. Dozens of rounds of failed talks. Fluctuating moods. The stone-pelting. The deaths. The cry for azadi.

It would be easy to lose one’s way in the morass of this history. Lock oneself in old formulations. But even a week’s visit to Kashmir now tells you that, propelled by a new generation, the place is ripe for creative intervention. Former Prime Minister Atal Bihari Vajpayee once captured the Valley’s imagination by promising that the issue of Kashmir would be solved within the boundaries of humanity — “insaniyat ke dayare mein”. Why not let others prise open new conversations? (Even if one disagrees with them.)

The greatest learning any society can have is that the protection of the collective lies in the exercise of individual conscience.

Some parts of this appeared originally in an article by the same author in the New Internationalist.

A WEEK IN THE VALLEY- LISTEN TO THE STONES


It is a mistake to stop at the surface violence on the streets. Kashmiris of every inclination are longing for moderation. And most of all, reprieve, says Shoma Chaudhury. With Zahid Rafiq

Ready for more A stone-pelter prepares for another day’s battle in Srinagar

Ready for more A stone-pelter prepares for another day’s battle in Srinagar

PHOTO: ABID BHATT

Shoma Chaudhury

IT IS tempting to think of Kashmir as an old story you know everything about. For 20 years, it’s been one of the most reported conflict zones in the world. In a sense, everything about it has been said. But familiarity is not necessarily the same thing as understanding. Or empathy. No coverage you see on your television screen, for instance, can prepare you for the devastating landscape of lived pain in the Valley. It cuts through all the conspiracies. It quivers everywhere beneath the skin. It spills out of every stranger you meet. It flows beneath everything that happens. How Fancy Jan was shot dead by the security forces, just drawing the curtains in her room before her marriage. How Umar was five the first time he felt the cold nozzle of an army gun at his neck. How Tamim was getting a haircut before Eid, when drunken troops barged into the saloon and he thought he was going to die. How 10-year-old Shafiya, searching for her brother in school, got caught in army and militant crossfire and watched a 80-year-old man fall head first into a drain when a bullet whizzing past her hit him instead. For most of us, Kashmir is nothing more than an opaque geo-political riddle in a far away corner of the country. But for those who live there, just one afternoon’s conversation with one ordinary family in downtown Srinagar can straddle all these accounts of fear and untimely death. Imagine what the Valley’s collective memory holds. Wounded is an inner state of being in Kashmir.

OVER THE past four months of enraged stone-pelting then, Kashmir has again been trying to tell India a profoundly complex story. Words have failed the Valley before. So have guns. Now even its stones are starting to get hoarse. It’s suicidal to still not be listening.

Yet, if you go by the average talk in India, the dominant mood towards Kashmir is fatigue, bewilderment and prejudice. What do Kashmiris want? most Indians ask. What does “azadi” mean? What’s this “political solution” they go on about? India is pumping so much money into Kashmir, why are they still so ungrateful? Why are they so communal?

Over these past months, in fact, as thousands of young boys have hurled themselves bare-bodied at security forces, pelting stones with a kind of unprecedented fury, India has contented itself with merely asking the surface question: Who is behind this? Who is orchestrating it? Not even the sight of young boys willfully daring death, unarmed — boys born in the shadow of militancy and aware of the might of the gun — has evoked enough curiosity to ask: Why are they doing this? What’s driving them? What’s changed? (As a young stone-pelter says with angry frustration, “Why can’t you understand, we are not just a piece of land, a territorial dispute between India and Pakistan. We are human beings with emotions.”)

It took 110 dead boys for India to send a high-profile all-party delegation to the Valley. Still, Kashmiris counted it as a soothing gesture. Suddenly the stone-pelting stopped: Perhaps too many boys had already been arrested (the official police estimate is 2,219); perhaps the immediate upsurge had exhausted its shelf-life; perhaps the pelters’ “handlers” were persuaded to call for a temporary break. Or perhaps, people’s expectations just went up: What would India concede?

Unfortunately, India has done very little. First the Centre came up with a disappointing eight-point formula yielding nothing but cosmetics. Then it announced its interlocutors — journalist Dileep Padgaonkar, academic Radha Kumar and bureaucrat MM Ansari: eminent but toothless. Where Kashmiris had been waiting for a breakthrough idea — a multi-party parliamentary Standing Committee on Kashmir led by seasoned politicians like Pranab Mukherjee, Digvijay Singh, Arun Jaitley and Sitaram Yechury — it got a little more of the same old, same old. Track two well-wishers with no political clout.

Sitting in Delhi, it is difficult to imagine the despair these decisions must send through the Valley. Kashmir is hostage to many cankerous dualities: Power struggles between India and Pakistan; power struggles between the Centre and the state; power struggles between the National Conference and the People’s Democratic Party (PDP); the moderate separatists and hardliners; the army and the police; the myriad intelligence agencies. Pigeon-holed between all of this, Kashmir might seem like an old intractable story no one really wants to tackle. But, ironically, that’s exactly what the desperate stones being hurled at India are saying: Life here is unbearable. Why aren’t you listening to us? Why aren’t you doing something?

It is the most direct one-way conversation Kashmiris have had with the Indian State in decades. With the bruising years of militancy now several years behind it, it’s as if a whole new generation in Kashmir is poised on a psychological tipping point. It could go either way. But the key thing is, beneath the apparent violence and arson of the last few months, new things are brewing: A new mood, a new generation, a new window of opportunity. But as a Valley journalist puts it, “India needs to stop taking our temperature now and start treating us.”

Aurally, the visceral cry for azadi rising out of Kashmir might seem like a daunting and non-negotiable dream. How can Kashmir survive as an independent nation with China, Pakistan, India, Afghanistan and the US all foraging in it? But azadi means many different things to different Kashmiris — ranging from complete independence to porous borders to new trade routes to autonomy to a pre-1953 position to, at least, a primary freedom from the security apparatus that overwhelms every aspect of a Kashmiri’s daily life. Beneath all of that, the great discovery of visiting the Valley after the surface violence has abated is that ordinary people of every inclination are longing for moderation, dialogue and resolution. And most of all, reprieve.

A few weeks ago, Congress president Sonia Gandhi said, “We must ask ourselves why people in Kashmir are so angry and hurt.” Union Home Secretary Gopal Pillai also said, “There is no doubt India has made many mistakes in Kashmir. We have spent a lot of money in the Valley but not been able to win the hearts and minds of the people. We have to ask ourselves why.”

The answers are literally being hurled back. It will be tragic if India remains deaf to this moment. Or mistakes the lulls for “normalcy”.

Praying for peace Women on a roof listen to hardline Hurriyat leader Geelani

Praying for peace Women on a roof listen to hardline Hurriyat leader Geelani

PHOTO: SHOME BASU

THE PECULIAR opportunity and neurosis of this moment in Kashmir lies in the nature of the stone-pelters. More than the separatist leaders — Syed Ali Shah Geelani, Mirwaiz Umar Farooq and Yasin Malik — who have traditionally voiced dissent in the Valley, it is these young boys who now hold the key.

If you were to go by intelligence inputs, you would dismiss them as mere “miscreants”, as Chief Minister Omar Abdullah did in the beginning. Disaffected, unemployed youth rented for a few rupees to create trouble. If you went by police inputs, the appraisal would be roughly the same. “Fifty percent of them are students and you know how easy it is to brainwash young minds,” says Shiv Sahai, IG, Kashmir Police. “The remaining 50 percent are drug addicts and out-of-work shikhara walas, vendors and small shopkeepers.” The underlying assumption is that the boys are being orchestrated and have no political agency of their own.

There may be a small grain of truth in this. There are signs that underground leader Masarat Alam, the general secretary of the hardline Geelani-led Hurriyat faction, is a big inspiration for the pelters. But he is by no means the sole architect of the campaign. In 2008, after the Amarnath land row, he had come up with the hugely popular “ragda” campaign, which involved a furious rhythmic stamping of feet to scathing slogans about India. This time round, he has coined the ‘Go India Go Back’ slogan, and has been urging pelters to consolidate opinion on the Internet. Alam is about half of Geelani’s age, who is 83; he has the pulse of the new generation, and the talk in Srinagar is that at least part of this upsurge has been a flexing of muscles in the succession battle heating up for the aging Geelani’s position.

(Several thought leaders in Srinagar, in fact, are worried that Delhi is playing dangerously with the “Bhindranwale card” again: Allowing a hardline leader to grow in stature to serve its own labyrinthine purposes. Alam, incidentally, was released from jail just a few days before the stone pelting swelled to a crescendo.)

Yet none of this seems the whole truth. Alam, who has been endorsing the stone pelting while other leaders have remained silent or ambiguous, seems to merely be riding a popularity wave. The pelters themselves have swirled out of the range of any specific leadership. To Delhi, it looks as if Geelani has emerged as the undisputed guardian of the ‘Kashmiri sentiment’ — the timekeeper of its anger, the high priest of its hartal calendars and school lockdowns. But both Geelani and the boys know that he is merely reflecting the mood on the street. Significantly, Geelani is a known votary of Pakistan, but this year when he tried to mark 14 August as Independence Day, the pelters refused to comply. They even burnt Pakistan-based United Jihad Council commander Syed Salahuddin’s effigy for suggesting that the hartals should be called off.

After the surface violence abates, you realise people of every inclination are longing for moderation, dialogue and resolution. And most of all, reprieve

IT IS clear these boys are different from the generation that crossed the border in the 1990s to trigger the militancy. They have been born out of conflict and have seen its ravages: This makes them both angry and aspirational. They are viscerally anti- India but also anti-Pakistan. They are speaking a dogged new language of non-violence but are not above picking up the gun. They threaten to engulf India in a new round of bloody militancy but keep cajoling it not to push them that far. They have a disarming collegiate politeness but are floating on a lethal helium of rage. Their talk has an undertow of radicalised Islamic rhetoric, but they are proud of Kashmir’s syncretic traditions. They are uncomfortable with being typecast.

“We have grown up in the debris of a burnt house. At least the earlier generation knows what they want to go back to. We only know the burnt house,” says one young journalist and pelter sympathiser. “We are the fire and India is throwing petrol on us,” says another, vividly illustrating how they perceive the Indian security forces’ shoot orders.

In a sense, Rafiq (names changed) epitomises this new generation. He is one of downtown Srinagar’s most committed stone-pelters. He’s about 23 and a BCom graduate. His father is a government servant who has already paid Rs. 60,000 to the police as a bribe to keep Rafiq out of jail. But Rafiq persists behind his back. He’s one of the front-line boys — “We assess each others’ gurda (guts) and decide who’ll be in front,” he says. We are sitting with Rafiq’s younger brother Muzamil and friend Nawaz at the edge of Pari Mahal, a beautiful hilltop garden in Srinagar. The boys have the easy, fidgety energy of the young. There is nothing to connect them with the dark pictures Rafiq is showing on his mobile. Pictures of himself swaddled in a mask hurling stones at Indian security forces. Pictures of friends shot at close range through the neck and abdomen. Pictures of seething mobs carrying away bodies. The disjunctions are surreal.

Rafiq says he’s written a poem and pinned it on his cupboard. “I don’t want my teenage going,” it says, “give me some stones/ if I die in the battle zone / box me up, pack me home / put my medals on my chest / tell my mom I did my best / tell my love not to cry / I am a young Muslim born to die.” The naivete is almost teary. The boys have also cut themselves an anthem online. “We have no army, we have no land, we only have the stones in our hand,” goes the song. When you task yourself to step out every day, unarmed, to face security forces geared with tear gas shells, pellet guns, and lethal weapons you take what motivation you can get.

Unequal battle More than 2,200 boys have been arrested during the recent crackdown

Unequal battle More than 2,200 boys have been arrested during the recent crackdown

PHOTO: ZULFQAR KHAN

It’s been difficult to bring the boys up to Pari Mahal. They are all on the run from the police. They meet us furtively in downtown Nawa Kadal, looking frequently over their shoulders for informers or cops. As the car pulls away, Rafiq begins to talk. At almost every turn, he points to a milestone: This is where my friend Shaheed Muntazar was shot in the stomach. This is where a bus conductor, Tango Charlie was shot. He had three kids. He wasn’t a friend but I had shared a cigarette with him just before he was shot. Other names trip off his tongue. Sameer, the 8-year old boy shot in Batamaloo; Abrar 18, shot in the chest. Thufayil Mattoo shot playing cricket. Abid, shot in January this year. Hasan Pacha shot in 2008. A boy they call Mandela, who’s been shot twice, once in the heart, once in the leg, but who’s survived and is still pelting.

Rafiq is 23, but all his talk is of the untimely dead. It slides off him with unnerving ease. You wonder what such proximity to death has done to the boys. Then he talks of an episode that turned him into a lead stone-pelter. “We were protesting the economic blockade when they shot a boy straight in front of me. His brains came out. I just went mad. I leapt on the police jeep with bare hands. The man standing on top fired on me six times. Somehow, he missed me. From that day, I’ve been pelting stones.

WE HAVE three very clear reasons why we are on the streets,” he continues. “We are protesting the atrocities by security forces. We are asking for the right to self-determination. And we are asking for azadi. No one is orchestrating us. We have lots of stones here; we don’t need Pakistan’s help. This time we haven’t started with the gun, ma’am. We are a non-violent, peaceloving people. Everything is now in India’s hands. This time do something, show something for Kashmir. Please, please, please ma’am. If we are burning buildings, there is some reason for it. We are not being used by any leader. When we are on street, they are on stage. But if they don’t reflect our views, we’ll cast them aside.”

The “please, please, please ma’am” echoes incongruently. Just as we’re leaving, I ask him what lies ahead for him. He’s applied for a MBA course in Delhi, he replies sheepishly. The collision of anger and aspiration. What will happen to his revolution, I ask. I’ve reached my retirement age, he laughs. There are many kids behind me.

Fifty kilometres away in Anantnag, a similar tableau plays itself out: the broken, heart-constricting stories of death; the attendant anger and despair. We are at young Intiyaz’s home. He was shot dead on June 29; he was 15. His father is a taxi driver. They had just saved enough to start building a house. It was a big event. The workers were on food wages because they could not afford more. We ask the parents what they most remember about their son. It is a terrible moment. Something akin to an electric shock goes through them. “He loved cricket,” the father says, and both his wife and he crumble, rasping for air. Apparently, Intiyaz never used to do any work. On that fateful day, his father asked him to drop his cricket and sent him to buy bread for the labourers. There was some stonepelting on the main road. The CRPF chased Intiyaz, along with the mob, a kilometre and a half off the road, back in front of his house and shot him in full view. “They could have burnt my house down,” the mother cries repeatedly, “why kill my son, why kill my son.” The sister says in the kitchen stoically. “We want azadi.”

The stone pelters are viscerally anti-India but also anti-Pakistan. They are speaking a new language of non-violence but are not above picking up the gun

Later, in the same neighbourhood, a group of stone-pelters don masks and allow us to interview them on video. Fascinatingly, the same reiterations flow: the dogged insistence on non-violence, the protest against zulm (injustice); the dismissal about any particular leader as central to their movement and the plea to India to do something this time.

Here, even more than with the boys in Pari Mahal, one can feel a palpable despair. “We are not against Indians, ma’am,” says one boy. “We are not even against the CRPF — they are also human. So many boys have been killed, has a single jawan been killed? We just want them removed from our lives. We want azadi.”

Scarred lives Broken windows and shattered dreams are a common sight all over the Valley Collateral damage A protester in Srinagar shows injuries on his back caused by pellets

Scarred lives Broken windows and shattered dreams are a common sight all over the Valley

PHOTO : KAVI BHANSALI

Collateral damage A protester in Srinagar shows injuries on his back caused by pellets

Kashmir is like a hall of mirrors where for every image, its reverse reflection is also true. But when you talk directly to these boys, it’s easy to forget the cynical theories floating around about them.

ZULM IS a big corrosive phenomenon in Kashmir. It looms over everything like a giant cat’s paw over a country of mice. Even more than azadi from India, people in Kashmir first unanimously want azadi from the security forces. For the boys certainly, it seems the primary goal.

But it’s not just the boys on the street. Alienation courses through every strata of society. “How can we feel a part of India,” says a systems assistant in a hotel, who has studied in Bengaluru. “We live here. This is our home. We are educated, we have college degrees. But we can still be stopped by a CRPF jawan from Bihar who may be just a Class VI pass and we have to explain where we are going and who we are. It should be the reverse. We should be asking others where they are from, and what they are doing here. There are no jobs here, but I still want azadi.”

“Kashmiri Muslims feel powerless and marginalised,” says Mohammad Gul Wani, a political science professor at Kashmir University. “The feeling of being a minority is not merely a numbers game.”

It’s true. Alienation in Kashmir arises from a variety of things: daily frisking, humiliations, fear, curfews, hartals, abusive encounters, random arrests. Almost every window pane in Kashmir is smashed. Almost a decade after militancy was crushed, the security prism through which the government looks at Kashmir has not shifted. Democratic dissent is the demon now. Rallies and demonstrations are never allowed. The local cable television network has been forcibly shut down, the human rights course in Kashmir University has been withdrawn, research papers on contemporary Kashmiri politics are disallowed.

Even doctors are not immune. In a small anteroom in one of Srinagar’s major hospitals, two doctors show pictures of stone-pelters shot in the neck and chest. There is a CT scan of a skull sprayed by a pellet gun. It is a daunting sight. Pellet guns were meant to stun animals during hunts, but it was too painful and was disallowed. Now the same gun is being used on the pelters. “Most of these have been targeted killings,” says one doctor, but he’s too afraid to put his name on record. There are plainclothes policemen everywhere in the hospital; sometimes the forces come into the operating theatre; once they threw a tear gas shell into the hospital lobby. The doctor talks of how he had turned a militant- patient away once, too scared to treat him for fear of repercussions. “A doctor is supposed to treat anybody. I have never told anyone about it before,” he says, “but that episode made me ashamed of myself. That is what this place does to you.”

By the security agencies own admission, there are only about 250-500 militants left in Kashmir. During the PDP-Congress government, some of these confidence building measures had begun: POTA was revoked, CRPF bunkers began to be withdrawn from civilian areas, the army was asked to monitor only the borders. Still, it would be a colossal mistake to imagine that merely minimising the security apparatus in civilian life can substitute for the “political solution” Kashmir seeks.

A day in the life... The young generation (far right) has been born out of the Kashmiri conflict and seen its ravages A day in the life... The young generation (far right) has been born out of the Kashmiri conflict and seen its ravages

A day in the life... The young generation (far right) has been born out of the Kashmiri conflict and seen its ravages

PHOTO : SHOME BASU, ABID BHATT

LIKE THE enveloping feeling of zulm, a sense of unfinished history stalks almost everybody in Kashmir. Even a vendor on the footpath will take you back to 1947 and say, “Nehru ne bola tha ki aam aadmi ka vote lenge…. (Nehru had promised a plebiscite to determine whether Kashmir should accede to India or Pakistan).”

With its internal implosions, in many ways, unlike the tumultuous 80s and 90s, merging with Pakistan no longer seems a dominant object of desire in Kashmir, but the community still wants a restoration of essential dignity: it wants to discuss the terms of its identity as a conversation between equals conducted under due process. “If Dr Manmohan Singh would just make a statement acknowledging that a section of Kashmiri people have a grievance and these are the reasons his government can’t give in to those demands, but he would be happy to talk about it, half the battle would be won,” says People’s Conference leader Sajjad Lone.

Unfortunately, neither the Centre nor successive state governments in Kashmir have been sensitive to this. After the tribal invasion and Maharaja Hari Singh’s hasty letter of accession to India in return for Indian army help, the Centre has continuously eroded Kashmir’s autonomy under Article 370. With Sheikh Abdullah jailed, and a pliant government under Chief Minister Ghulam Mohammad Bakshi in power, the Centre revoked many of the clauses that had protected the Kashmiri idea of self, including two that allowed Kashmir’s political head to be called a Prime Minister and the governor to be elected by the Assembly. A murky history of rigged elections and substitute governments followed. As a top police officer says, “Kashmir’s real tragedy has been the denial of democracy. If the Centre would stop setting up puppet state governments, things would improve automatically.” And as Lone says, “India forgets it does not have to give us autonomy, it has to restore it.”

But to untangle these vexed questions of history, one needs inspired leadership at both ends. Kashmiris still remember former Prime Minister Atal Bihari Vajpayee with admiration and gratitude for coming to Srinagar and offering a hand of friendship to Pakistan, saying India was willing to discuss the Kashmir problem “insaniyat ke dayare mein” — within the “boundaries of humanity.” Former Pakistan President Pervez Musharraf’s offer to look for “out-of-the-box solutions” and Manmohan Singh’s remark that the “sky was the limit” as far as his flexibility would go, have all been equally welcome.

‘Most of these have been targeted killings,’ says one doctor, but he’s too afraid to put his name on record. There are plainclothes policemen in the hospital

But that’s where the conversations have largely ended. Kashmir’s own leadership has been infamously flawed and internecine. Backed by the ISI and Jamaat-e- Islami, the Hurriyat faction led by Geelani has been inflexibly obdurate demanding a plebiscite and refusing to talk to India. Mirwaiz Umar Farooq and Sajjad Lone’s fathers were both assassinated, allegedly by hardline factions, for toeing a more moderate line. Neither scion — elite by lineage and temperament — has really managed to expand their political base. Yasin Malik, the JKLF commander who declared a unilateral ceasefire, also could not keep his party from fracturing. For all the emotional voltage that the call for azadi generates then, it is difficult not to notice that 20 years into their struggle, there is no unified leadership or sustained programme of political resistance in Kashmir. This is why, perhaps, grievance in Kashmir only expresses itself as cyclical eruptions.

Despite this, the current scenario offers India a tremendous opportunity. Whatever their failings, all three leaders — the Mirwaiz, Malik and Lone — have very reasonable positions. All of them recognise that, learning from the cataclysm of the militancy, Kashmiri society is collectively transiting into a non-violent phase of resistance. “The boys who once carried AK- 47s and LMGs are now not killing but getting killed. This transition needs to be respected and preserved,” says Malik. In fact, he says he has had much to do with this subliminal psychological shift. In 2003, he launched a signature campaign across Kashmir over two years, visiting schools, colleges and migrant camps in Jammu, to awaken people to the fact that Kashmir was not merely a territorial dispute between India and Pakistan, but that Kashmiri people too had a say in it. He collected 1.5 million signatures. In 2007 again, he launched a Freedom March over 116 days, meeting over three million people. Inspired by Martin Luther King, Nelson Mandela and Mahatma Gandhi, he says, “I want to build a disciplined movement. For that you have to prepare people mentally.”

MALIK, IN fact, has no fixed position on a ‘Kashmir solution’. “I firmly believe solutions arise from the process,” he says. “We have to sit across the table and understand and accept each others’ compulsions. Most importantly, we have to seek common ground with Jammu, Azad Kashmir, Gilgit, Baltistan, Kargil and Leh. We all know that dividing this region up on communal grounds would have disastrous consequences for the subcontinent.”

Let us be An old man pleads with securitymen during a curfew in Srinagar

Let us be An old man pleads with securitymen during a curfew in Srinagar

PHOTO: ZULFQAR KHAN

The Mirwaiz too has been introspecting. “We have made a mistake in not institutionalising the resistance movement,” says he. “It is a very encouraging sign that right now, no one in Kashmir is looking towards Islamabad. This is our battle; it is a homogenous, indigenous movement. All of us have invested a lot in keeping this process peaceful. But we have not managed to build any social organisations that can reach out to the people who suffer when there are hartals and curfews. I am now trying to call an all-party meeting to build a more sustainable platform.”

But here too, the ball lies in India’s court. In a curiously cynical move, successive governments at the Centre have systematically diminished the moderate leaders in Kashmir and discredited the dialogue process. Each time a leader has reached out to them to talk conditions of peace, they have sent them back emptyhanded — looking effete and sold out. Or they have compromised their reputation with selective leaks and statements. Firdaus Syed, a contemplative man, better known once as Baba Badr, the commander of Muslim Janbaaz Force, recalls the time he first reached out to talk peace from across the border in 1996. He was sickened by the cycles of violence that had engulfed society. He mentions how an ikhwani (counter-insurgent) was forced by the army to rape a former comrade’s sister as a humiliation for not being able to track him down.

“The most difficult position in a conflict is the moderate position. Delhi sees us as Kashmiri and Kashmiris see us as sell outs. But even as we were talking with Home Minister SB Chavan, Krishna Rao, who was the governor then, made a statement that the boys had no option but to surrender. Dialogue immediately became surrender and we were utterly discredited,” he says. “Besides, their only goal was to turn us into counter-insurgents. We thought of ourselves as instruments of peace. We had not set out to become their clients and fight our own people.”

This story repeats itself with depressing frequency. Earlier this year, when Home Minister Chidambaram invited the Mirwaiz for “quiet talks”, he found himself similarly exposed by a journalist. Earlier, on the invitation of Prime Minister Manmohan Singh, Sajjad Lone spent a year writing up a document on Achievable Nationhood, but when he finished apparently Singh never gave him time to discuss it. In doing all of this — in systematically cutting the moderates to size — the Indian government has inadvertently played a huge role in building up the seemingly unassailable aura around the more hardline Geelani. Again and again, thought leaders in Kashmir assert Delhi has to make up it mind whether it really wishes to address the problem in Kashmir. If not, it probably suits them to have Geelani around making Kashmir look an insoluble issue.

The furious stones being hurled at India’s security forces come bearing all these questions. Is India really looking to “sort this out”? Interestingly, Geelani himself looks in a mood to talk. Having pitched himself too high, and with a 110 deaths on his hands, he’s looking for a dignified climb-down. A senior police officer says, “This time Geelani’s four points look very encouraging. The fifth point about an ‘international dispute’ is merely a matter of semantics.” Geelani himself says much the same. “If India is already talking to Pakistan and other separatist Kashmiri leaders, it is already acknowledging that there is a dispute. Or else, why would it be talking? So what’s the harm in accepting my five points?”

This brings us back to the question everyone in Kashmir is asking: why is India not seizing the opportunity?

Shock treatment A terrified family surveys the damage after yet another round of firing

Shock treatment A terrified family surveys the damage after yet another round of firing

PHOTO: ABID BHATT

IF YOU talk to Kashmiri journalists at Cafe Arabeca in Srinagar, you will be filled with dread. There is a sense of impending doom. If this narrow opportunity for peace is not seized, the sense is a second cycle of militancy, much more convulsive than the first, will kick in. The rumour is that the Taliban, the Maoists and the second generation Kashmiri underground are starting to form an axis.

For too long, India’s response to a crisis in Kashmir has been to send big economic packages. “Imagine you are a rich businessman and an absent father. You can keep opening your wallet for your child and he might keep taking your money, but will that substitute for parenting?” asks Firdaus. Malik agrees. “When you are governing a place, you owe it some responsibilities. The British Raj too built railways and schools and roads in India. But that could not stop India from asking for its independence through a political process.”

There is a growing sense of doom. The rumour is that the Taliban, the Maoists and the second generation Kashmiri underground are starting to form an axis

Lone puts it more bluntly. “It is true that India does not even send rice to Bihar while it sends cream to Kashmir. But this cannot substitute a political response because instead of giving it to us with dignity, it serves it to us in a slipper.”

Unfortunately, three senior Congress leaders turned down the offer to lead the political process in Kashmir. But BJP leader Arun Jaitley, who was part of the all-party delegation, says he was moved enough to change some of his stances. “I have come to believe that the issues of discrimination in Jammu and Ladakh must be addressed separately. The issues of the Valley cannot be linked to that. In the Valley, the policy should be to weaken the separatist leaders’ hold and win people’s hearts.”

Another leader, requesting anonymity, suggests that there should be a five percent reservation in India in schools and jobs for the North-east and Kashmir. We must increase their stakes in India. This will go a much longer way in national integration than any artificial assertion of it.”

In a curious twist, it is probably going to prove difficult to sustain a Kashmiri independence movement in a globalised, consumerist world. This generation of stone-throwers is also a first generation of highly educated aspirants. In Kashmir, the resentment against daily humiliations often segues into a larger idea of azadi. But if you remove these oppressions, that energy is as likely to reach for modern, contemporary ambitions. Like Rafiq, every bright Kashmiri who can is leaving for wider horizons — both in India and abroad. This might sharpen their sense of home. Or it might make the idea of porous borders and diluted nations the more attractive option.

It all depends on the answers India provides to the questions Kashmir’s stones are posing.