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DAM-L LS: People Vow to Intensify Struggle, Review Petition Filed in SC (fwd)
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subject: LS: People Vow to Intensify Struggle, Review Petition Filed in SC
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Press Note 18.11.2000
People return to valley with a vow to intensify the struggle
Legal Notice served to NCCL and Indian Express for defamatory advertisement
Review Petition Filed in Supreme Court
Declaring a undeterred gallant war in the coming days against the Sardar
Sarovar (Narmada) Dam, people have wound up the 8 day dharna in Delhi this
evening. Meanwhile, Medha Patkar has termed the World Commission on Dams'
report as a "tool but not the ultimate weapon" for the struggles in Narmada
and other river valleys. Legal Notice has been served to National Council
for Civil Liberties and Indian Express for publishing a defamatory
advertisement. Review Petition filed in the Supreme Court, giving an
opportunity to the Court to help restore people's faith in Judiciary.
During the 8 day dharna in Delhi, the people have confronted almost all
official bodies and authorities to appraise them about the ground realities
and to warn them that their continuous callousness and insensitivity would
script doom to a rich river valley. And for people, whose lives and
livelihood is at stake, they have no other way than to go for a fight to
finish, utilising all weapons at their disposal. Today they are waiting the
decision and action of the President of India, as also Court's in
re-looking at the contradictory, pro-establishment and anti-people verdict
before the further major course of action is announced by the movement.
World Commission on Dams' report
Medha Patkar, one of the members of World Commission on Dams, has said in a
statement from London that "The report of the World Commission on Dams is a
step forward in the decades long struggle of the peoples' organizations
questioning the social and environmental impacts and their justifiability
on the basis of water and power delivery services as also economic
benefits. It is, however, ironical that at the same time, people in the
Narmada Valley, who have been at the forefront of the worldwide struggle,
challenging not just the dams in the Narmada Valley but centralised,
iniquitous ecologically-destructive consumerist-oriented water and natural
resource management as a development paradigm, Save Narmada Movement
(Narmada Bachao Andolan - NBA) is compelled to fight unjustifiable,
majority judgement allowing construction of Sardar Sarovar dam at the cost
of people, especially the indigenous populations." She was attending the
launch of the final report of the World Commission on Dams. The report was
released by Nelson Mandela in London on 16th November, 2000. The report
which was unanimous carries a separate "Comments" by Medha Patkar, raising
issues that were missing in the report, which she stated will have to be
used for future discussions on dams.
The WCD report was an outcome of intensive study of all available
knowledge base of all dams built around the world its costs, benefits and
viable alternatives to big dams. The members of the Commission included
pro-dam agencies like dam builders, funding banks, representatives of
governments and also representatives of people's movements and NGOs,
questioning the affectivity of dams.
Legal Notice to NCCL
Legal notice have been served to Gujarat based National Council for Civil
Liberties for putting up a defamatory advertisement on 15.11.2000 in Indian
Express. For publishing the same, Indian Express also asked to "retract
these allegations and imputations and publish an apology.....with the same
prominence and with same number of insertions within a week of receipt of
this notice". The advertisement has alleged that "NBA is passing on
confidential documents relating to projects of national importance to the
foreign people..." and that the NBA is funded through hawala transactions.
Hawala is well known to the politicians, both in power and outside than to
any other people's movements.
Armed with the recent Supreme Court order, which gave a go ahead to the
project, the Gujarat government is continuing with cheap tactics to tarnish
the 15-year-old people's movements. As it always happened, instead of they
coming to the fore, they are using "letter-head" organisations to target
NBA. NBA is determined to expose this ploy both in the Court and on ground.
The determination to save the Valley from irreparable environmental and
social damage will not be affected by such baseless and malicious allegations.
Information has just reached us that the same advertisement has appeared
today in some other Hindi papers too. Appropriate legal and other actions
will be taken against them.
Review Petition filed in Supreme Court
Asking for a review of the verdict, which was delivered on false premises
in respect to rehabilitation of thousands of families and also
environmental clearance to the project, NBA has filed a review petition on
17th Nov. The Court is thus given an opportunity not only to correct their
own faulty judgment to save the valley from a disaster, but also to help
the common man to restore the faith in the ability of the judiciary to be
unbiased and in favour of people and environment and not just that of the
power-holders.
As one may recall, villagers from Narmada valley marched towards Delhi with
a "Call for Justice" (Nyay ki Pukar) to expose the recent judgement on
Narmada issue by the Supreme Court and give a call for transforming
judiciary to be truthful, committed to the Constitutional value of
protecting the rights of the depressed classes and be accountable. The
March had reasserted the people's rights as against the rights of the
corporate interests and power-holders.
The Long March was flagged off from Dhadgaon (Maharashtra) on the 6th Nov.
and had impressive meetings at Shahada, Taloda, Nandurbar, Jalgaon and
Mumbai (all in Maharashtra) and joined the other group from Nimad and
Alirajpur (Madhya Pradesh), who started from the Valley on the 10th and
reached Delhi, after confronting the Narmada Control Authority (NCA) at
Indore. Along the Long March, hundreds of organisations have expressed
their support and solidarity to the cause of Narmada Bachao Andolan. At
Delhi, the Long March was joined by a large number of people from the
Maheshwar, Bargi, Tawa, Man, Goi dam (all on Narmada) area and
organisations from different parts of the country. They include, Ekta
Parishad, Adivasi Mukti Sangathan, Kisan Adivasi Sangathan, Adivsi Shramik
Sangathan (all from Madhya Pradesh), Representatives of National Alliance
of People's Movements from Bengal, Kerala, Karnataka, Tamilnadu, Andhra
Pradesh, Rajasthan, Orissa, Uttar Pradesh and several other parts of the
country. Hundreds of organisations in Delhi too have strengthened the
agitation with their support and presence at the dharna.
The President of India gave the delegation that met him, a patient hearing
into the issue and has assured them of all possible steps that the
Constitution has empowered him with. Mr.Wolfensohn, World Bank President
was forced to come and talk to the people on the streets of Delhi in an
open public questioning. The President had to confirm before more than 3000
protestors that the Bank had no intention to fund any aspect of Narmada
dams. He, during a dialogue with Medha Patkar at the WCD report launch at
London categorically refuted the statements released by India Abroad News
Service quoting him saying that the Bank repents for withdrawing funding
from Narmada in 1993. NBA and all other organisations continue to warn all
international multi and bi-lateral agencies and also national funding
agencies that any attempt to enter the valley of Narmada will be sternly
dealt with determined people's wrath.
An independent Jury, which included Jst.(Retd) Tiwetia, Jst.(Retd) Jaspal
Singh, Mohini Giri, Adv. Haroobhai Mehta, Prof.U.R.Ananthamoorthi and
Ashish Nandi, has unanimously stated, in its interim findings, that "...
People already affected by the construction completed at 88 mts have not
been fully rehabilitated and resettled. R&R (rehabilitation and
resettlement) is utterly neglected by the authorities concerned. The
permission to raise the height of the dam above 88 mts should not have been
given until all environmental and social impact surveys were completed. Not
recognizing the people affected by the canal, colony, afforestation and
others as 'Project Affected Persons' was termed by the Jury as "unjust
discrimination". On the recent Supreme Court judgement the jury has
observed that the verdict has to be "reviewed". This findings were the
outcome of a public hearing held on the 14th Nov., organised by Indian
People's Tribunal at Delhi. Afraid of being exposed, none of the government
officials dared to come for the Hearing.
Meeting with MOWR and NCA
The people in groups have confronted the officials of NCA R&R sub group in
the Ministry of Empowerment and Social Justice, the NCA chairman (who is
the Minister of Water Resources) and explained the ground realities. The
NBA delegation had a meeting with the Minister of Water Resources,
Shri.Arujn Sethi, and Mr.Hassan, Secretary, NCA and others. Representatives
from all the three states participated in the meeting which went on for 2
hours and 15 minutes. While putting forward all the details about the lack
of rehabilitation even till 88mts, the seriousness of the situation of
those who have been resettled so far, submergence in general, other
categories than submergence. The delegation argued in front of the Minister
that the NCA, should accept the ground reality and submit a special
affidavit in Supreme Court. The delegation lead by Shripad Dharmadhikary
insisted the Minister and NCA that the clearance being issued should be a
formal clearance, should be according to the Clause of the Tribunal, making
it public with all necessary evidence. NBA also compelled the NCA that it
should make the Action Plan, which they are going to prepared as per the
order of the Supreme Court within 4 weeks, public.
When he was invited to visit the Valley, the Minister said that he himself
is a harijan and can understand the situation once they are displaced.
Mr.Hasan, Secretary-NCA, said that the details of the situation of R&R was
provided by concerned state governments and NCA will scrutinize it
again. Both the Minister and Secretary assured the NBA that they will try
their best to a proper R&R and if necessary they will invite NBA for
another meeting.
Hundreds of people affected by the Maheshwar Hydro-Electric Project held an
angry demonstration at the Central Office of the Industrial Finance
Corporation of India (IFCI) at Nehru Place in Delhi. Carrying banners
proclaiming 'No IFCI endorsement for Maheshwar dam', the demonstrators drew
attention to the economic and social destruction that would accompany any
attempt to go through with the Maheshwar Dam. They also confronted the
officials of Power Ministry later yesterday who assured the delegation to
hold a high level meeting with NBA delegation sooner.
The Struggle ahead......and an appeal to the civil society
It is now known that the judgment is in violation of right to life,
livelihood and other human rights enshrined in the Indian constitution and
United Nations charters, conventions and declarations, most of those
ratified by India. The judgement has put the lives of more than 3,500
families at stake since the continued construction of Sardar Sarovar, which
will inundate homes and farms depending on the height reached by next May.
It has also risked the lives and livelihood hundreds of thousands, majority
of them being socially disadvantaged tribal (indigenous) communities, who
are not even offered proper rehabilitation package. The people have no
option but commitment and courage to fight this heinous crime against
humanity, democracy and justice, on behalf of the struggles across the world.
This struggle is clearly polarizing those who care for nature and people,
and for human justice as against others who are willing to sacrifice nature
and people at the altar of money- and market-based development. It is
indeed time to strengthen the alliances that have been formed in Seattle,
Washington DC and Prague and challenge the interests at both national and
international level.
We, the people of Narmada Valley the tribals, peasants, labourers appeal
to the civil society to stand up to this cause and stand by human justice,
which is much beyond the legal justice.
Noorji
Padvi Baliben Mahesh Patel
Pratibha Shinde M.K.Sukumar Joe
Athialy
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Whatever Your Law Says......
Narmada Valley is Ours....
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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