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DAM-L LS: President writes to PM on Narmada (fwd)



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Date: Wed, 13 Dec 2000 15:50:11 -0800 (PST)
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subject: LS: President writes to PM on Narmada
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 From The Telegraph, Thursday, December 14

PRESIDENT LETTER LIFELINE TO NARMADA

   FROM SUJAN DUTTA

   New Delhi, Dec. 13:
   The President has written to the Prime Minister seeking the
   government's advice on the Narmada issue. The move has
   rejuvenated the country's best known environment movement
   after the October 18 verdict of the Supreme Court had it tottering.

   The President's move followed fervent pleas by the Narmada
   Bachao Andolan leader, Medha Patkar, and supporters of the
   movement.

   President K.R. Narayanan's empathy for the Narmada
   movement and all that it stands for was apparent earlier this
   month when he presented the B.R. Ambedkar Award for Social
   Change to Baba Amte. 'The nation must take every possible care
   to see that the impact of dams we build is not ruinous to the lives
   of our tribal brothers and sisters,' Narayanan said while
   felicitating Baba Amte.

   It now transpires that the President actually wrote to the Prime
   Minister seeking the opinion of the council of ministers before
   December 6, the day Baba Amte was presented with the award.
   But the issue was nearly lost in the din in Parliament over the
   Prime Minister's statement on building a Ram temple at the site of
   the Babri masjid in Ayodhya.

   'The President told me that he has written to Vajpayeeji seeking
   the advice of the Council of Ministers. The contents of the letter
   were not disclosed but it probably has to do with Schedule V (five)
   of the Constitution,' Baba Amte told The Telegraph today.
   (Baba Amte is now in New Delhi awaiting a visa for a trip to
   Pakistan).

   'I invited the President to visit the valley. He appeared to be very
   keen but he did not make any commitment,' said Baba Amte.

   Last month, Medha Patkar, too, had met the President. She
   returned with the impression that the President was 'very
   concerned'. There were some indications to the NBA then, too,
   that the President might intervene.

   However, it is not yet clear what exactly the President has asked
   of the Prime Minister. Informed sources said the suggestion was
   made to the President that the possibility of stopping the
   displacement of tribals in the Narmada Valley be explored by
   invoking provisions under the fifth schedule of the Constitution.

   The schedule details provisions on the administrative control of
   scheduled areas and scheduled tribes. In the estimates of the
   NBA, 33 villages in Maharashtra (5,000 families) are almost
   entirely tribal. In Madhya Pradesh, 50 villages with a tribal content
   of 29 per cent of the total population (apart from Dalits and OBCs)
   and 4,500 families in Gujarat (19 villages of whom 97 per cent are
   tribal) could be washed out by the Sardar Sarovar.

   It is possible the President has sought the advice of the council of
   ministers on whether or not Rashtrapati Bhavan has authority to
   decide on scheduled areas. It is not clear, however, why the
   President should seek the opinion of the council of ministers on
   this and not that of his own legal advisers.

   Though Medha Patkar is personally known to be pitting her hopes
   on Presidential intervention, there are others who are not quite so
   optimistic. Prashant Bhushan, lawyer for the NBA, said he was
   not sure if the President could actually exercise any authority
   because the fifth Schedule will be read along with Article 74 of the
   Constitution which states clearly that the President shall act on
   the advice of the council of ministers in all matters (except if the
   government has been reduced to a minority).

   However, the possibility that Medha Patkar has found empathy in
   the Rashtrapati Bhavan raises the credibility of the NBA.

   The eulogy of the Narmada movement by the President during the
   awarding of the prize to Baba Amte was only the latest public
   show of empathy by K.R. Narayanan. In January this year, while
   presenting another award to Baba Amte - the Gandhi Peace
   Prize for 1999 - the President said during his speech: "Describing
   the Narmada satyagraha as a new battle front for youth action, he
   (Baba Amte) said that it was an 'outburst of Gandhian courage
   and concern for antyodaya'. He (Baba Amte) stated poignantly
  'Now that the sun of life is about to set, I have set out to catch the
   rising sun of environmental consciousness'. In our developmental
   efforts, India and the world have to, willy nilly, come to terms with
   the ideas of Baba Amte."

   (About 200 supporters of the NBA led by Medha Patkar were
   rounded up by the police today after a day-long dharna in front of
   the Supreme Court. They were demanding that the review
   petition filed against the Court's October 18 judgement be heard
   quickly).

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