SOS e - Clarion Of Dalit

IT IS A FORUM TOWARDS PROTECTING THE CIVIL , HUMAN RIGHTS OF THE OPPRESSED - DALITS , MINORITIES & TRIBALS.The Criminal - Police - Politician - Judge - Criminals Nexus is trying to silence me in many ways. If anything untoward happens to me or to my dependents CHIEF JUSTICE OF INDIA together with jurisdictional police & District Magistrate will be responsible for it.

Sunday, May 13, 2012

RTI Secrets or Cover-Up of Crimes


S.O.S - e - Clarion Of Dalit - Weekly Newspaper On Web 
Working For The Rights & Survival Of The Oppressed
Editor: NAGARAJA.M.R… VOL.6 issue.20… 16/05/2012



“There is a higher court than the court of justice and that is the court of conscience It supercedes all other courts. ”
- Mahatma Gandhi

Shame to Corrupt  Judges of India


.......................DECLARATION…….......…………………
Name : ...........................NAGARAJA.M.R.

Address : ...................LIG-2 / 761 , HUDCO FIRST STAGE , OPP
WATER WORKS OFFICE , LAKSHMIKANTANAGAR , HEBBAL , MYSORE - 570017 INDIA

P
rofessional / Trade Title : S.O.S -  Clarion Of  Dalit

P
eriodicity : WEEKLY

C
irculation : FOR FREE DISTRIBUTION ON WEB

D
onations : NOT ACCEPTED.  Self financing . Never accepted any donations , subscriptions either for ourselves or on behalf of other organizations / individuals .

M
onetary Gains : nil , never made any monetary gain by way of advertisements on my websites or web news paper or otherwise.

O
wner/Editor/Printer/Publisher : NAGARAJA.M.R.

N
ationality : INDIAN

B
ody Donation : Physical Body of Nagaraja M R , Editor , S.O.S- e  clarion of Dalit &  S.O.S-e-Voice for Justice is donated  to JSS Medical College , Mysore ( Donation No. 167 dated 22 / 10 / 2003 ) , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my body must be  handed over to JSS Medical College , Mysore for the study purposes of  medical students.

Eye Donation : Both EYES  of Nagaraja M R , Editor , S.O.S- e  clarion of Dalit &  S.O.S-e-Voice for Justice are donated  to Mysore Eye Bank , Mysore , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my  eyes  must be  handed over to  Mysore Eye Bank  , Mysore  WITHIN 6 Hours  for immediate eye transplantation to the needy.

Home page :  
http://sites.google.com/site/eclarionofdalit/Home ,
http://groups.google.co.in/group/e-clarion-of-dalit  ,
http://e-clarionofdalit.blogspot.com/ ,    
http://in.groups.yahoo.com/group/e-clarionofdalit/



C
ontact : naghrw@yahoo.com , nagarajhrw@hotmail.com    ,

UID  Aadhaar  No  :  5703  5339  3479 

C
ell : 0 9341820313

I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges ,  police file fake cases against me or my dependents  to silence me , this complaint is & will be effective.
If I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward happens to me or to my dependents   or to my family members    - In such case Chief Justice of  India together with the jurisdictional  revenue & police officials will be responsible for it , in such case the government of india  is liable to pay Rs. one crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. Afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , Judges , public servants & Constitutional fuctionaries.  


date    : 
13.05.2012…………………………..Your's sincerely,

place : India
…………………………………...... Nagaraja.M.R.



Editorial : shame shame to Corrupt VVIPs ,  Corrupt Public servants
-       RTI  Secrets or Cover-Up of Crimes

shame shame to VVIPs , Public servants  who are  hiding truths , who are covering up crimes , by denying RTI REQUESTS  to us.

RTI QUESTIONS HONOURABLE GOVERNOR OF RESEVE BANK OF INDIA IS AFRAID TO ANSWER


SOILED NOTE FRAUD CASE @ RBI BANGALORE
-       Trauma of an old man

Complete case details also available at http://members.lycos.co.uk/ganapathihariram/

As per allegations of RBI management Bangalore in 1977-79 , criminal
nexus of RBI employees stole Rs. 220000 from RBI Bangalore. All the
banks , government treasuries in Karnataka , submit defaced / soiled
currency notes to RBI Bangalore in exchange for good notes. RBI after
collecting such defaced currency notes , sorts out fairly good notes
which can be reissued & burns off the remaining totally defaced
currency notes. All these process is done in a systematic manner.

As per allegations of the management , the crime took place in the
period of 1977-79 at RBI Bangalore. A nexus of employees, took away
the currency bundles meant for destruction & substituted it in the
place of bundles of reissuables.

Charge sheet issued by RBI Bangalore office to mr.G.Hariram
Staff no.3698/156/84-85 dt 1 april 1985
Amended charge sheet staff no 3798/156-84/85 dt 8 april 1985

CBI has charge sheeted 17 employees in connection with this case ,
case olde no. cc34/1989       new no.  sc 436/1991            . the honourable 21 city additional city civil & sessions court Bangalore in it's order dated 24.01.1992
   discharged        03  charge sheeted employees , as the prosecution
failed to prove the charges against them. They came out clean , as
they were innocents saddled with the crime done by others. One of the
charge sheeted employee who turned approver for the prosecution, has
given detailed account of the crime. Nowhere he has mentioned the
involvement of accussed no.15 mr.G.Hariram in the crime.

Even after coming out clean, mr.G.Hariram was not reinstated into
service by RBI. They gave the ruse of domestic enquiry & showed
contempt to the court order. On appeal, the honourable high court of
Karnataka ordered RBI to review it's order with respect to
mr.G.Hariram , still RBI failed to reinstate mr.G.Hariram into service
, once gain showing contempt to the court of law.

In India as per law , the decisions of court of law are binding on all
, orders of court over rides the organisation's internal rules ,
service rules , etc. inspite of lack of evidences, in a whimsical
manner the higher authorities of RBI , fixed some innocents as the
scape goats heaped all charges against them ( against whom they had
personal grudge , dislikes ). RBI  repeatedly showed contempt to the
court orders , dismissed the scape goat - ailing old man mr.G.Hariram
from service. RBI snatched away his PF money towards the alleged loss
to the bank , didn't pay his gratuity amount , salary arrears and
finally he was even deprived of the pension. As a result , the old man
has even lost his social prestige, dignity , his family suffered a lot
& he is a mental wreck today.

Why RBI authoroties are hell bent upon to send away the innocents /
scape goats away from service ? why CBI didn't conduct polygraph tests
of all the accussed , specifically higher officers of RBI , managers
of RBI office Bangalore ? probably the scape goats were aware of the
crimes master minded by higher ups & didn't co-operate with the higher
ups in their crimes. So, the criminals were afraid that the scape
goats will blurt out truth to the world , fixed non co-operating
innocents themselves as criminals.

Who will give justice to innocents like old man mr.G.Hariram & who
will bell the corrupt , criminals , fat cats of RBI ?


APPEAL UNDER SEC 19 (3) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA


APPLICATION FOR INFORMATION AS PER RTI ACT 2005

( SEE RULE 22 OF RTI ACT 2005 )


FULL NAME OF THE APPLICANT : NAGARAJ.M.R.


ADDRESS OF THE APPLICANT : NAGARAJ.M.R.,

EDITOR , E-VOICE OF HUMAN RIGHTS WATCH,

# LIG-2 / 761, OPP WATER WORKS OFFICE,

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA

PIN – 570017.


DETAILS OF DOCUMENTS / WRITTEN STATEMENTS / INFORMATION REQUIRED :


HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS - WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME.
WITH RESPECT TO CASE NO  old CC34 / 1989 & NEW NO SC436/1991   AT 21 ST ADDITIONAL CITY CIVIL & SESSIONS COURT BANGALORE

CHARGE SHEETED OFFICER MR.G.HARIRAM RBI BANGALORE

CHARGE SHEET NO staff no.3698/156/84-85 dt 01.01.1985

Amended charge sheet  staff no.3798/156-84/85 dt 08.04.1985



1. Why didn't you notice the alleged crimes of 1977 , 78 & 79 till the
mid of  1979 ?

2. This crime came to light only due to anonymous phone calls of good
Samaritans to authorities , but not due to your inspection . is your
inspection division working properly ?

3. why there is no security check up of officers during entry & exit
out of premises ?

4. why there is no individual weighment , individual statement of
value of bags of reissuable notes & bags of note meant for destruction
, after sorting is done, why they are not tallied with total weight ,
value of notes issued for sorting ?

5. Immediately after noticing the crime, why did not you transfer all
the employees of those sections ?

6. why did not you take steps to preserve3 & protect respective
documents relating to such high profile crime ?

7. why didn't you immediately issue charge sheet to all the accussed &
waited till 1983 ?

8. Why RBI has left out , so many officers ( who worked in the same
sections for more period than accused officers ) from domestic enquiry ?

9. why CBI also failed to put those people in the charge sheet before
the court ?

10. is it because they were in favorable terms with the vested interests ?

11. did the CBI dance to the tune of vested interests in RBI while
preparing charge sheet & during investigation , instead  of
independent investigation ?

12. those left out probables from the charge sheet might have caused
the destruction of evidences / records. During the course of domestic
enquiry / court proceedings , it has been recorded that some records
have been destroyed. Are not CBI & RBI responsible for destruction of
evidences , aiding true criminals get away ?

13. in normal times , what is the period specified in RBI regulations
for preserving old documents / records ?

14. after noticing such a high profile crime the RBI must have taken
utmost care to preserve such old records for indefinite time , for
producing before courts of law as & when demanded. But it  didn't , why ?

15. does not this point to connivance of higher authorities of RBI ,
with the criminals ?

16. RBI authorities have conducted domestic mass enquiries , instead
of individual enquiries , is it not detrimental to the rights of defense ?

17. RBI authorities have stated  that court proceedings & domestic
enquiry are independent of each other & are not binding on one
another. However  RBI authorities straight away took on record of
domestic enquiry the court statements , evidences , but didn't honour
the order of same court of law ? why this double standard by RBI ?

18. The alleged crime  was committed in 1977-79, but charge sheet was
framed in mid 1985 , why this long delay ?

19. didn't this facilitate the masterminds of crime to destroy ,
manipulate evidences ?

20. as stated before court , indeed some records , 22nd currency note
packet were missing , who is responsible for it ?

21. has the CBI conducted enquiry , polygraph test of RBI higher
officers - S.N.RAZDAN , W.S.SARAF , J.P.AWASTHI , J.MITRA & others ,
if not why ?

22. is it not due to inefficiency , negligence of duty by such high
ranking managers , that such a crime occurred in RBI Bangalore ?

23. what disciplinary action RBI has taken against the inefficient ,
negligent higher officials ?

24. whatever internal rules an organization makes must be within the
line of law. If such internal laws of the organization are violative
of law , fundamental rights of employees , such internal rules become
illegal. Are not the way of RBI disciplinary proceedings illegal ?

25. as per RBI pension regulations 1990 , RBI has the right to deduct
any loss caused to the bank , from the pension of RBI employee if the
misconduct of employee is proved in judicial proceedings . even though
mr.G.Hariram came out clean from the court , why  RBI has denied his
pension ?

26. judicial courts of law are appellate authorities over & above ,
domestic enquiry committees & judicial orders supersedes the domestic
enquiry proceedings. Still RBI showed contempt of court & didn't
reinstate mr..G.Hariram into service , why ?

27. even if an employee's misconduct causing loss to the bank is
proved , before denying him pension (towards making up loss to the
bank) , previous sanction of the central board of RBI must be taken.
But in mr.G.Hariram's case , pension was denied in full without taking
previous sanction of the central board of RBI , is it not illegal ?

28. RBI alleged that mr..G.Hariram caused loss to the tune of Rs.14000
to the bank & recovered it from his provident fund dues. There was
nothing left over to recover , still RBI  completely denied pension to
mr.G.Hariram , why ?

29. ideally, domestic enquiry findings / disciplinary actions should
be completed first , then the employee can appeal to appropriate court
of law. In mr.G.Hariram's case , CBI & RBI failed to prove the charges
in court of law , as a result court discharged him from the charges.
To cover-up it's failures RBI management dragged domestic enquiry much
beyond court orders date & gave findings indicting mr..G.Hariram. does
the enquiry officer of domestic enquiry think that he is over & above
the court of law ? is it not illegal & contempt of court ?

30. ideally , RBI authorities should have appealed to higher court
against lower court order discharging mr.G.Hariram from charges. But
it was not done , why ?

31. did the RBI pay interim relief to mr.G.Hariram , during suspension
period ?

32. the undue delay in filing charge sheet , consequent destruction of
key evidences , dishonour / contempt of court orders , undue haste in
giving findings , dismissal , denial of of pension without central
board's sanction , all point towards criminals within RBI higher
management. What disciplinary action has been taken against
J.P.AWASTHI, S.N.RAZDAN,J.MITRA, W.SARAF & others ? if not why ?

33. why charge sheet was amended? Is it legal ?

34. did the charge sheet was amended to falsely implicate
mr..G.Hariram , by including cancelled note vault in the charge sheet ?

35. does not this itself show that it is not statement of actual
happenings / facts , but a cunning ploy to mislead investigation
towards fixed innocents from actual criminals ?

36. is it true that that only 5% of sample inspection is done out of bundled verified defective note packets ?

37. is not the conduct of joint / mass enquiries of all charge sheeted officers illegal ?

38. how come such an important evidence 22nd note packet went missing ?

39. is it because it may point towards real criminals ?

40. as per the statement of management witness / inspection head / expert mr.vijendra rao , the notes of earlier dates have been removed from packets made into new bundles , right ?

41. as per his statement , entire certificates , seals of some asst treasurers are there , who didn't work at all on that day is not it ?

42. does not it show that some body else was misusing the seals , putting some innocents seals over the notes ?

43. does it not show that , crime has taken place at verification section ?

44. does it not show involvement of some asst treasurers ?

45. why asst treasurers have not been charge sheeted ?

46. why inspection of RBI Bangalore office was not done between 1975 & 1979 ?

47. is it not true that you failed to produce all records showing internal inspection / audits , during domestic enquiry & court proceedings ?

48. your expert mr.vijendra rao has stated that some seal marks are smudged , he has stated some seal marks appears to be so & so. He has clearly nowhere stated that this seal mark is exactly this , so he himself is not 100% sure ?

49. your expert nowhere said that 100% sure this seal mark is this , on that day this seal was issued to mr.G.Hariram , isn't it ?

50. your expert says during 1975 , he didn't notice3 any fraud. However approver says fraud was there before mid 1977 also. Why no action has been taken ?

51. why you didn't produce all records of all persons , who have specifically worked in alleged sections , the registers of those departments with daily activity report containing seal nos , packet nos , bag nos , etc ?

52. are not their chances of some criminals putting the seal marks of innocent officers over the notes , bundles , bags , etc ?

53. your expert is not 100% sure of seal mark , your records are not there to prove the presence of charge sheeted officers in the alleged sections , neither your expert nor your records are 100% sure on what date , at what stage , by whom crime was committed , isn't it ?

54. is not the charge sheet amounting to higher ups picking up officers they dislike & falsely implicating them ?

55. is it not cunning ploy of higher ups to divert attention from original criminals ?

56. why no action was taken against currency officer of 1977-79 mr.J.Mitra ? why his pension , super annuation benefits were not withheld ?

57. what is your justification , supporting evidence , records for picking up only three officers including mr.G.Hariram for legal prosecution and leaving the majority of probables ?

58. why you have dropped charges against five asst treasurers ? why you didn't even conduct domestic enquiry against them , let alone legal prosecution ?

59. Is it RBI's & CBI's way of fair play & justice ?

60. as inly 5% sampling of verified note bundles are done , there are more possibilities of rebundled packets getting unnoticed in relaxed 95% lot , isn't it ?

61. you have left out so many officers who worked in those sections, some of whom even became management witnesses , instead of being charge sheeted by the management, is it fair play & legal ?


62. who are the bank employees , from whom you have recovered the alleged bank loss of Rs.220000 ?

63. were all of them charge sheeted , enquired , legally prosecuted , dismissed & their pension , gratuity withheld ?

64. you don't have any internal statuotary records to prove that mr.G.Hariram worked in those departments , except a currency officer's office note dated just on the eve of charge sheet years after the alleged crime ? does it not prove that this note has been concocted just to fix mr.G.Hariram ?

65. where as you have records of other officials attendance in those departments , but not charge sheeted them why ?

66. three officers of staff grade A daily work in three sections out of 40 officers , why you have picked up only mr.G.Hariram , out of 1095 working days , he has worked for only 223 days in those sections , still those officers who worked for more days in those sections are not charge sheeted why ? the approver , the management expert witness , shift registers , V2 registers , Destruction certificates , Form CD 55 , etc , nobody , no records were able to say on what date , at what stage , by whom crime took place , also they were unable to say on what date at what stage crime was committed by mr.G.Hariram ? is it not futile imagination , cunning ploy of RBI higher authorities to fix innocent Mr.G.Hariram ?

67. the management expert witnesses said , the most probable place of crime is punching / Cancelled Note Vault , incinerator , where asst treasurers were joint custodians . they were not enquired & let off why ?

68.        the charge sheet alleges extraction / substitution of defaced note packets. Where as the management expert witness say substitution of defaced notes only ? is not there difference between loss of one number of note & 100 number of notes ?



69. as per the normal course of duty , staff officers does not count notes in each bundles , but they just count the number of bundles only. Is not there chances of inserted note bundles or bundles containing less number of notes going unnoticed ? is it not the failure of statuotary system of work practices ?
70. does not all these prove higher authorities of RBI & CBI were hell bent to fix mr.G.Hariram & to shield the original criminals ?
Questions with respect to other cases :
71. how do you monitor the work of bank officials nominated as directors of companies which have availed bank loans ?
72. how do you monitor the work of companies , in which banks have invested ?
73. how do you monitor the rapid wealth growth of certain bank officials , who work in shares investment / equity funds section , etc ?
74. inspite of project reports by bank officials , over assessment of collateral securites / value of debtor companies by bank officials , the loans become NPAs & full value cann't be realized in the market by selling off the assets of debtor companies also. In such cases , what action is taken against erring bank officials who collude with criminal industrialists for availing higher amount of loan than permissible ?
75. give bankwise specific figures of NPAs.
76. give names of industrial groups / promoters whose companies have become NPAs , so that public can be aware of them , before investing in new companies promoted by them.
77. is not collection of loan from debtors of bank through rowdies / recovery agents , illegal ?
78. why not criminal complaints filed against bank mangers for aiding , abetting rowdism , murdering people ?
79. if your method of employing rowdies to collect loans of Rs.10000 from commoners is right , what would you do to a promoter of a debtor company to recover loans of crores of rupees , supari killing ? but debtors of crores of rupees is let off coolly by banks , why ?
80. what is the exact amount of loss caused to the exchequer by karim lala telgi who printed fake stamp papers ?
81. what action has been taken against those involved ?
82. have you taken action against all those mentioned by telgi during narco analysis test , if not why ? is it because they are powerful & bigwigs ?
83. how you are controlling the illegal finance activities , money lending by individuals , pawn brokers & chit fund companies ?
84. how you are monitoring the receipt of public donations , foreign donations by many NGOs ?
85. how many erring NGOs , chit fund companies , pawn brokers , individuals you have booked for illegal finance activities ?
Questions relating to RBI CURRENCY NOTE PRESS MYSORE
86. who were responsible for selling the good printing machine at security press nasik to scamster karim lala telgi as scrap ?

87. who recruited the candidates below merit rankings in R.B.I for what criminal roles ?

88. how many irregularities have taken place in R.B.I till date ?

89. who is responsible for installing, operating & supervising the security set-up in R.B.I ?

90. how the raw materials ie number of paper sheets, ink, etc are accounted for in inward stores & while issuing for printing ?

91. how wastages, scrap of ink , papers , etc in the printing process are accounted for?

92. How the finished goods ie currency notes are accounted for ?

93. Who keeps physical figures & possession of goods, inventory of all the above?

94. How the scrap paper is disposed off ?

95. From security angle who keeps track from start till dispatch ?
96. Give me the merit ranking list of all candidates for the post of stores assistant in BRBNMPL in the year 1995-96 ?
97. give me the merit ranking list of all candidates for the post of process assistant at BRBNMPL in the year 1996 ?
98. give me the merit ranking list of all candidates for the post of process assistants & maintenance assistants at BRBNMPL in the year 1996-1998 ?
99. is not RBI & BRBNMPL authorities created by statuotary laws , fully funded by public money ie from government exchequer ?
100. still why BRBNMPL & RBI refused to answer my previous information request as per RTI Act ? are you afraid that skeletons will come out of cubboard ?
101. what action initiated against the SBI branch Bangalore & SBI Overseas branch for loss of cheque / draft amounting to crores of rupees ? if not why ?
102. give me specific figures bank wise with respect to loss caused to the bank by loss of cheques or demand drafts , etc ?
103. how RBI is containing crimes of loss of cheques / DDs causing huge losses to the banks to the tune of crores of rupees ?
YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1988 onwards . SOME OF THE DOCUMENTS ARE DATED BACK TO 1947.

FEES PAID : IPO NO 63E 318935 FOR RUPEES TEN ONLY Favouring CPIO RBI HQ MUMBAI
PUBLIC INFORMATION OFFICER FROM WHOM THE INFORMATION IS REQUIRED :
V.S.DAS , CENTRAL PUBLIC INFORMATION OFFICER , O/O HONOURABLE GOVERNOR, RBI HQ , CENTRAL OFFICE , AMAR BUILDING , P.M.MARG ,MUMBAI-400001.
Date : 01.11.2008……………………. Your’s sincerely,
Place : Mysore…………………………….. Nagaraj.M.R.

FINANCE SCAMS IN INDIA & 5-STAR LEADERS WITH BEGGING BOWL


In " mysooru mithra" a kannada daily dated 15/06/2005, the editor has written about a copy of the complaint made by Transparency International India-Bangalore to central vigilance commission of india.

In indian banks , there is a strange practice that whenever a cheque is put before the clearing house by a bank, the clearing house sends that cheque to the service branch of bank paying. The service branch then sends that cheque to the appropriate bank branch
for deduction of cash from the cheque account. In this travel , if the cheque is lost or misplaced midway, the service branch pays out of it's suspense account to the cash collecting bank. Logically, afterwards the service branch must initiate a thorough inquiry, get authentication from both persons one who gave cheque & other who collected cheque. Finally, the money must be transferred from the account of cheque giver to the suspense account.

However , upto 1997 two branches of state bank of india in bangalore & overseas branch sufferred from frequent loss of cheques totally amounting to RUPEES THREE THOUSAND TWO HUNDRED CRORE. In all cases of cheque loss the bank has paid out of suspense account, totally amounting to Rs.3200 crore. However the bank has not
initiated any enquiry to recover that amount from the cheque givers.

In the 1997 internal audit report of the bank itself , this has been clearly pointed out. Till date, even the central vigilance commission has not initiated any action about it. A member of central vigilance commission happens to be ex-chairman of state bank of india.

It is just an instance of two branches of SBI, what about hundreds of branches of SBI, what about thousands of branches of other public sector,private sector & co-operative banks. It is fraud,fraud,fraud all the way. Few months back to cover-up the crimes
of global trust bank ( GTB) , it was taken over by oriental bank of commerce ( OBC).
While sanctioning a loan of just Rs.10000 to a common man , he has to comply with lengthy legalities. If he defaults, bankers breath down his neck, bankers send rowdies in the form of recovery agents to humiliate the common man & his properties are
auctioned-off, finally all dues to the last penny are recovered. In most of the cases bankers even force the defaulters to commit suicide. However influential persons easily gets loans amounting to hundreds of crores of rupees, coolly defaults, siphons-off the funds & shuts his shop. No recovery at all , just it becomes a non- performing asset (NPA) in the bank ledger. The total NPAs of all public sector banks is more than Rs.80000 crore. This burden is spead over the crores of hapless indians.

The government takes pride in murdering forest brigand veerappan. The ill-gotten wealth of veerappan is not even pea nuts before this huge amount. Remember past finance scams – MS SHOES, HAWALA, HARSHAD MEHTA SHARE SCAM, KETAN PAREKH SHARE SCAM, UTI, etc. totally in all these scams billions of dollars of public money have gone to the coffers of criminals. These scamsters put veerappan to shame in their turnover. However the government is not even exhibiting a fraction of it's ELIMINATE VEERAPPAN DRIVE against these scamsters, why?

In india, both central & state government tax/ revenue officials are neck deep in corruption. By, taking bribe they make lower assessment of income, gains, etc & spare businessmen from the tax payment. The government in return for favours received from
lobbies, gives tax exemptions to them at it's sweet will. All these scams & it's cover-ups are insider jobs. The government is not interested to collect, recover it's own monies
amounting to billions of billions of dollars every year. However our 5-star leaders living at the expense of tax-payers, go-on foreign jaunts with a begging bowl for a few lakhs of dollars. What a shame?

More than 50 billion indians are barely surviving on a single meal per day & hundreds are dying due to starvation, billions don't even have basic necessities of life. If the government even just collects a fraction of it's dues from scamsters, defaulting industrialists – people won't die of hunger in india. Has this enlightened our thick skinned netas ?
AN APPEAL TO Mr.P.CHIDAMBARAM UNION FINANCE MINISTER GOVERNMENT OF
INDIA

An age old saying – AS THE KING SO DOES THE SUBJECTS. In india various financial scams, crimes & it's cover-ups have taken place amounting to billions of billions of dollars have taken place, made possible , just due to the involvement of the king – the netas & government officials themselves in the shameful act – the crime.

The tax officials are utterly corrupt, the wards of these officials spend double their pappa's salary just during
weekends. Now, realise their financial might. These ill-gotten wealth is destabilising our economy & might have even found it's way into the hands of underworld, terorrists. INDIA WILL BE DEFEATED FROM
CRIMINAL FORCES WITHIN LIKE THIS NOT FROM THE EXTERNAL FORCES.

Hereby, the HRW urges you to make public:

1. the financial worth of finance minister to tax official at circle level, on annual basis including his spouse's worth & property details.

2. to make public the NPAs, losses & monies under litigation by both private & public sector banks annually.

3. to make public measures taken to recover these monies.

4. to publish annual accounts with complete details of discretionary funds allotted to the defence ministry, president, prime minister, chief ministers , governors & intelligence agencies.

Public want to know whether proper discretion is being applied while spending.



RTI QUESTIONS  COMMISSIONER OF MUDA ( MYSORE URBAN DEVELOPMENT AUTHORITY ) & COMMISSIONER OF MCC ( MYSORE  CITY CORPORATION ) ARE AFRAID TO ANSWER

APPEAL UNDER SEC 19 (3) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA

APPLICATION FOR INFORMATION AS PER RTI ACT 2005
( SEE RULE 22 OF RTI ACT 2005 )

FULL NAME OF THE APPLICANT : NAGARAJ.M.R.
ADDRESS OF THE APPLICANT :
NAGARAJ.M.R.,
EDITOR , E-VOICE OF HUMAN RIGHTS WATCH,
# LIG-2 / 761, OPP WATER WORKS OFFICE,
HUDCO FIRST STAGE, LAXMIKANTANAGAR,
HEBBAL, MYSORE , KARNATAKA , PIN – 570017.

DETAILS OF DOCUMENTS / WRITTEN STATEMENTS / INFORMATION REQUIRED :
HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS - WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME.

1. how many times since 1987 , MUDA / MCC / GOVERNMENT has revised / modified the mysore city's comprehensive city development plan ?

2. how many cases of CDP violations were registered by MUDA / MCC / GOVERNMENT since 1987 till date ?

3. how many cases of CDP violations were legalized in the CDP revision / modification by the authorities ?

4. when an application for alienation of land is made to you , say from civic amenity site to commercial , what norms are followed by MUDA / MCC / GOVERNMENT ?

5. how do you provide alternate civic amenity site in the locality , if the area is already full ? do you deprive people of civic amenities ?

6. during such alenation , is the MUDA / MCC / GOVERNMENT collecting market rate difference between civic amenity site & commercial site ? if not why ?

7. in mysore city , many building complexes , buildings have been built fully violating building bye-laws – no set off , no parking space , no emergency fire exit , no earthquake tolerant . what action by MUDA / MCC / GOVERNMENT ?

8. how many cases of building bye-laws violations has been registered by MUDA / MCC / GOVERNMENT since 1987 ? what is the action status report yearwise ?

9. how much of MUDA's / MCC's / GOVERNMENT's lands , sites , buildings & houses have been illegally occupied by criminal tresspassers since 1987 ?

10. has the MUDA / MCC / GOVERNMENT registered criminal cases against each such illegal occupation ? if not why ? provide status report yearwise ?

11. in how many cases of such illegal occupation MUDA / MCC / GOVERNMENT has legalized , regularized such illegal occupation just through MUDA's / MCC's resolution instead of of reallotting the same through public notification to the next senior most in the waiting list , after giving notice of allotment cancellation to original allottee ? if not done so why ?

12. has the MUDA / MCC / GOVERNMENT followed all legal norms in reallotment of lands , sites , houses , etc to the illegal occupiers ? what is the procedure followed ?

13. in mysore city , numerous housing societies & real estate Developers have mushroomed , Land allotments of how many housing societies , real estate firms among them are legally authorized by MUDA , MCC , GOVERNMENT & how many not ? since 1987 till date ?

14. has the MUDA / MCC / GOVERNMENT filed criminal complaints against such illegal housing societies & illegal real estate firms ? if not why ?

15. what action MUDA / MCC / GOVERNMENT has initiated against real estate firms & housing societies who have violated MUDA norms , layout plans , etc ? if not why ?

16. the government has framed building bye-laws like width of road , space for civic amenities , parking space , emergency fire exit , etc keeping high in the mind safety of people first. MUDA / MCC / GOVERNMENT is in the practice of levying a pittance as penalty on the building byelaw violators , layout Development plan violators & legalizing those
violations. Safety of public & amenities of public are totally neglected by MUDA / MCC / GOVERNMENT . When public people die , suffer injuries / accidents – say during a fire tragedy in a complex due to lack of fire exit , when people park vehicles on pavement in front of a business complex as the complex doesn't have a parking space of it's own , the pedestrians going that way are forced to come down on road resulting in accidents , injuries & deaths . is not the MUDA / MCC / GOVERNMENT responsible for those accidents , injuries & deaths ?

17. what is the criteria adopted by MUDA / MCC / GOVERNMENT for out of Turn allotment of Lands , sites , houses to renowned sports persons , judges , journalists , politicians , artists , etc ?

18. how many judges , artists , politicians , journalists , sports persons , etc have benefited from these out of turn allotments by MUDA / MCC / GOVERNMENT ? specific figures yearwise since 1987 ?

19. what action has been taken against developers , housing societies , who have violated MUDA / MCC / GOVERNMENT norms ?

20. when poor scheduled caste , scheduled tribe people , minority people illegally live On MUDA / MCC / GOVERNMENT sites building temporary huts , MUDA / AUTHORITIES with the help of police razes down those huts & evicts the poor by brute force. Whereas , when cronies of political bigwigs illegally occupy MUDA , MCC / GOVERNMENT lands worth crores of rupees & build big complexes earning thousands of rupees monthly rent , MUDA or authorities not even files police complaint against them instead regularizes the illegal occupation by levying a pittance as fine. Why this double standard by MUDA / MCC GOVERNMENT ?

21. HOW MANY CASES OF ILLEGAL OCCUPATIONS are regularized by MUDA / MCC / GOVERNMENT since 1987 till date ? yearwise figures ?

22. how much of MUDA / MCC / GOVERNMENT lands , sites , houses are under illegal occupation ? status report yearwise since 1987 ?

23. how much of those has been recovered ? has the MUDA ,AUTHORITIES recovered the rents earned by illegal occupation ?

24. have you filed police complaints against those criminals – tresspassers ? if not why ?

25. is the MUDA / MCC / GOVERNMENT giving wide publicity & sufficient time to bidders about it's auction schedules ?

26. is the MUDA / MCC / GOVERNMENT giving market value to land loosers ?

27. is the MUDA / MCC / GOVERNMENT exactly using the acquired lands , for the same purpose mentioned in the project plan ?

28. is the MUDA / AUTHORITIES acquiring lands at lower rates from farmers & selling it at a premium , by way making profits just like a real estate agency ?

29. in villages , there are cattle grazing grounds meant for the usage of whole villagers, forest for the usage of whole village , lands belonging to village temples. Some villagers have donated their personal lands to village temples , cattle grazing for the benefit of whole villagers. All the villagers are stake holders , owners of such lands. When MUDA / MCC /
GOVERNMENT acquires such lands to whom does it pay compensation ? what about welfare objectives of those lands ?

30. till date , how many lakes , ponds , how many feeder canals have been closed , filled with mud , developed , sold as sites , etc by MUDA MCC or other land developers ?

31. has the MUDA , MCC taken alternate steps to create new lakes , ponds ? how many are created till date ?

32. in & around mysore city , high tension electric lines are there in busy residential areas . as per Indian electricity act , no permanent structures should be under the HT lines. However there are buildings under it. In some places , HT lines runs in the middle of the road. The authorities Have developed those areas beneath HT lines as parks , rented out
advertisement spaces & built permanent fencing of those areas spending lakhs of taxpayer's money. This fencing obstructs the movement of service personnel of electricity board , to service HT line. Are all these structures under
& surrounding HT lines legal ?

33. till date how many burial grounds are acquired & sold as sites by MUDA / MCC / GOVERNMENT or other developers ? specific figures yearwise since 1987 castewise , religionwise ?

34. in & around mysore city , in how many areas developed by MUDA & private developers , the sewage water generated in those areas is directly let into lake , ponds ?

35. how many tributaries , lakes , ponds are killed in this fashion by MUDA , MCC & other developers , housing societies ?

36. how many business complexes , flats , residential layouts developed by private real estate developers , housing societies are dumping the sewage , / waste generated in their buildings , into unauthorized dumping grounds , lakes , etc . thus disturbing the environment & creating public health hazard ? how the MUDA / MCC is monitoring sewage / waste disposal ? status report yearwise since 1987 till date .

37. how many unauthorized housing layouts are there in & around mysore city ? what action by MUDA / MCC / GOVERNMENT against them ? action taken report yearwise since 1987 till date .

38. around mysore city , vast areas of village farm lands , agricultural lands are acquired by private real estate developers for non agricultural purposes by a single firm or single owner. Are these actions legal ? some of these real estate agents have sold those lands to private industries , multinational companies for crores of rupees. Has the MUDA / MCC /
GOVERNMENT given alienation of land ie conversion from agricultural to industrial usage. Has KIADB given consent to it ?

39. can a single individual / firm can purchase such vast tracts of agricultural lands , is it legal ? is it within the KIADB's
comprehensive industrial area development plan ?

40. has the MUDA / MCC , KIADB given wide publicity , public notice calling for objections before alienation of such lands ?

41. are all those alienations , strictly in conformance to MUDA's / MCC's CDP & KIADB's industrial area development plan ? violations how many ?

42. is the MUDA & KIADB revising / modifying CDP & INDUSTRIAL AREA DEVELOPMENT PLAN , to suit those real estate developers & Private companies ? on what legal grounds ?

43.what action has been taken based on mysore district magistrate mr.T.M.Vijaya Bhaskar's report on land grabbings in mysore ?

44.in mysore city , hebbal-hootagalli industrial area , a lake has been destroyed while building kaynes hotel , hinkal lake is shrinking , lake in front of BEML Quarters has been alloted to M/S THRILLER CLOTHING CO, are all these actions legal & in conformance to MUDA's CDP ? if not why ? what action ?

45. while auctioning off the lands of sick industrial unit M/S IDEAL JAWA LTD , was there any pre-qualification to bidders that after purchase of lands only it must be used for industrial use or only industries can participate in the bidding process ?

46.why not it has been clearly mentioned in the tender document that , said land is open for alienation ?

47. about this issue , our publication has even raised it's objections , in it's newspaper . no action , why ? as a result , the government , banks , employees were cheated off their dues & the private firm made huge profits. is this auction & alienation legal ?

48.numerous NGO's , trusts promoted by religious bodies , mutts are allotted prime lands at preferrential rates , for the reason that they will use it for public / social welfare. however many of the trusts are using the whole or part of the land for commercial purposes other than the stated public / social welfare purpose. what action has been taken by MUDA , MCC or government in such cases ?

49.how many trusts have violated government norms in this way since 1987 till date? what action taken by MUDA , MCC & government action taken report yearwise since 1987 till date ?

50.how many such illegalities / violations by trusts are regularized by MUDA , MCC or authorities , on what legal grounds ? ATR since 1987 till date ?

51.before regularizing such violations have you sought public objections & given media publicity ? if not why ?

52.how you are monitoring the net wealth growth of some MUDA / MCC / REVENUE officials & their family members , who have land acquisition / denotifying , land usage conversion authorities ?

53.how many trusts , NGOs are allotted prime residential / commercial lands by MUDA / MCC / GOVERNMENT on lease basis , in turn the said trusts , NGOs have sulet it either partly or wholly to others ?

54.how many such lease allotments are sold by MUDA / MCC / GOVERNMENT before the expiry of lease period , without public auction ?

55. what are the norms followed by MUDA / MCC / GOVERNMENT for the sale of leased lands to the lessee before the expiry of lease period ?

YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 2006 & 2007 . SOME OF THE DOCUMENTS ARE DATED BACK TO 1947.

REMARKS :
PIO of O/O commissioner , Mysore urban development authority , Mysore failed to provide full information to us. Vide lettes ,
No: PRO/519/2007-08 dt 28/08/07 & no:BDA/CP/705/07-08 dt 23.10.07

PUBLIC INFORMATION OFFICER FROM WHOM THE INFORMATION IS REQUIRED :
PUBLIC INFORMATION OFFICER , O/O COMMISSIONER , MYSORE URBAN DEVELOPMENT AUTHORITY , MYSORE .

DATE : 21.04.08…………………… YOUR’S SINCERELY,
PLACE : MYSORE………………….. NAGARAJ.M.R.



RTI – QUESTIONS COMMISSIONER OF BANGALORE DEVELOPMENT AUTHORITY  ( BDA ) , COMMISSIONER , BRIHATH BANGALORE MAHANAGARA PALIKE ( BBMP ) & CHAIRMAN , KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ( KIADB )  ARE  AFRAID TO ANSWER

APPEAL UNDER SEC 19 (3) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA

APPLICATION FOR INFORMATION AS PER RTI ACT 2005
( SEE RULE 22 OF RTI ACT 2005 )

FULL NAME OF THE APPLICANT : NAGARAJ.M.R.

ADDRESS OF THE APPLICANT :
NAGARAJ.M.R.,
EDITOR , E-VOICE OF HUMAN RIGHTS WATCH,
# LIG-2 / 761, OPP WATER WORKS OFFICE,
HUDCO FIRST STAGE, LAXMIKANTANAGAR,
HEBBAL, MYSORE , KARNATAKA , PIN – 570017.


DETAILS OF DOCUMENTS / WRITTEN STATEMENTS / INFORMATION REQUIRED :
HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS - WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME.

1. how many times since 1987 , BDA / BBMNP / KIADB / GOVERNMENT has revised / modified the Bangalore city's comprehensive city development plan ?

2. how many cases of CDP violations were registered by BDA / BBMNP / KIADB / GOVERNMENT since 1987 till date ?

3. how many cases of CDP violations were legalized in the CDP revision / modification by the authorities ?

4. when an application for alienation of land is made to you , say from civic amenity site to commercial , what norms are followed by BDA / BBMNP / KIADB / GOVERNMENT?

5. how do you provide alternate civic amenity site in the locality , if the area is already full ? do you deprive people of civic amenities ?

6. during such alenation , is the BDA / BBMNP / KIADB / GOVERNMENT collecting market rate difference between civic amenity site & commercial site ? if not why ?

7. in bangalore city , many building complexes , buildings have been built fully violating building bye-laws – no set off , no parking space , no emergency fire exit , no earthquake tolerant . what action by BDA / BBMNP / KIADB / GOVERNMENT?

8. how many cases of building bye-laws violations has been registered by BDA / BBMNP / KIADB / GOVERNMENT since 1987 ? what is the action status report yearwise ?

9. how much of BDA / BBMNP / KIADB / GOVERNMENT lands , sites , buildings & houses have been illegally occupied by criminal tresspassers since 1987 ?

10. has the BDA / BBMNP / KIADB / GOVERNMENT registered criminal cases against each such illegal occupation ? if not why ? provide status report yearwise ?

11. in how many cases of such illegal occupation BDA / BBMNP / KIADB / GOVERNMENT has legalized , regularized such illegal occupation just through BDA / BBMNP / KIADB / GOVERNMENT ` s resolution instead of of re-allotting the same through public notification to the next senior most in the waiting list , after giving notice of allotment cancellation to original allottee ? if not done so why ?

12. has the BDA / BBMNP / KIADB / GOVERNMENT followed all legal norms in reallotment of lands , sites , houses , etc to the illegal occupiers ? what is the procedure followed ?

13. in bangalore city , numerous housing societies & real estate Developers have mushroomed , Land allotments of how many housing societies , real estate firms among them are legally authorized by BDA / BBMNP / KIADB / GOVERNMENT & how many not ? since 1987 till date ?

14. has the BDA / BBMNP / KIADB / GOVERNMENT filed criminal complaints against such illegal housing societies & illegal real estate firms ? if not why ?

15. what action BDA / BBMNP / KIADB / GOVERNMENT has initiated against real estate firms & housing societies who have violated BDA / BBMNP / KIADB / GOVERNMENT norms , layout plans , etc ? if not why ?

16. the government has framed building bye-laws like width of road , space for civic amenities , parking space , emergency fire exit , etc keeping high in the mind safety of people first. BDA / BBMNP / KIADB / GOVERNMENT is in the practice of levying a pittance as penalty on the building byelaw violators , layout Development plan violators & legalizing those violations. Safety of public & amenities of public are totally neglected by BDA / BBMNP / KIADB / GOVERNMENT. When public people die , suffer injuries / accidents – say during a fire tragedy in a complex due to lack of fire exit , when people park vehicles on pavement in front of a business complex as the complex doesn't have a parking space of it's own , the pedestrians going that way are forced to come down on road resulting in accidents , injuries & deaths . is not the BDA / BBMNP / KIADB / GOVERNMENT responsible for those accidents , injuries & deaths ?

17. what is the criteria adopted by BDA / BBMNP / KIADB / GOVERNMENT for out of Turn allotment of Lands , sites , houses to renowned sports persons , judges , journalists , politicians , artists , etc ?

18. how many judges , artists , politicians , journalists , sports persons , etc have benefited from these out of turn allotments by BDA / BBMNP / KIADB / GOVERNMENT? specific figures yearwise since 1987 ?

19. what action has been taken against developers , housing societies , who have violated BDA / BBMNP / KIADB / GOVERNMENT norms ?

20. when poor scheduled caste , scheduled tribe people , minority people illegally live On BDA / BBMNP / KIADB / GOVERNMENT sites building temporary huts , BDA / BBMNP / KIADB / GOVERNMENT with the help of police razes down those huts & evicts the poor by brute force. Whereas , when cronies of political bigwigs illegally occupy BDA / BBMNP / KIADB / GOVERNMENT lands worth crores of rupees & build big complexes earning thousands of rupees monthly rent , BDA / BBMNP / KIADB / GOVERNMENT or authorities not even files police complaint against them instead regularizes the illegal occupation by levying a pittance as fine. Why this double standard by BDA / BBMNP / KIADB / GOVERNMENT?

21. HOW MANY CASES OF ILLEGAL OCCUPATIONS are regularized by BDA / BBMNP / KIADB / GOVERNMENT since 1987 till date ? yearwise figures ?

22. how much of BDA / BBMNP / KIADB / GOVERNMENT lands , sites , houses are under illegal occupation ? status report yearwise since 1987 ?

23. how much of those has been recovered ? has the BDA / BBMNP / KIADB / GOVERNMENT arecovered the rents earned by illegal occupation ?

24. have you filed police complaints against those criminals – tresspassers ? if not why ?

25. is the BDA / BBMNP / KIADB / GOVERNMENT giving wide publicity & sufficient time to bidders about it's auction schedules ?

26. is the BDA / BBMNP / KIADB / GOVERNMENT giving market value to land loosers ?

27. is the BDA / BBMNP / KIADB / GOVERNMENT exactly using the acquired lands , for the same purpose mentioned in the project plan ?

28. is the BDA / BBMNP / KIADB / GOVERNMENT acquiring lands at lower rates from farmers & selling it at a premium , by way making profits just like a real estate agency ?

29. in villages , there are cattle grazing grounds meant for the usage of whole villagers, forest for the usage of whole village , lands belonging to village temples. Some villagers have donated their personal lands to village temples , cattle grazing for the benefit of whole villagers. All the villagers are stake holders , owners of such lands. When BDA / BBMNP / KIADB / GOVERNMENT acquires such lands to whom does it pay compensation ? what about welfare objectives of those lands ?

30. till date , how many lakes , ponds , how many feeder canals have been closed , filled with mud , developed , sold as sites , etc by BDA / BBMNP / KIADB / GOVERNMENT or other land developers ?

31. has the BDA / BBMNP / KIADB / GOVERNMENT taken alternate steps to create new lakes , ponds ? how many are created till date ?

32. in & around bangalore city , high tension electric lines are there in busy residential areas . as per Indian electricity act , no permanent structures should be under the HT lines. However there are buildings under it. In some places , HT lines runs in the middle of the road. The authorities Have developed those areas beneath HT lines as parks , rented out advertisement spaces & built permanent fencing of those areas spending lakhs of taxpayer's money. This fencing obstructs the movement of service personnel of electricity board , to service HT line. Are all these structures under & surrounding HT lines legal ?

33. till date how many burial grounds are acquired & sold as sites by BDA / BBMNP / KIADB / GOVERNMENT or other developers ? specific figures yearwise since 1987 castewise , religionwise ?

34. in & around bangalore city , in how many areas developed by BDA / BBMNP / KIADB / GOVERNMENT & private developers , the sewage water generated in those areas is directly let into lake , ponds ?

35. how many tributaries , lakes , ponds are killed in this fashion by BDA / BBMNP / KIADB / GOVERNMENT & other developers , housing societies ?

36. how many business complexes , flats , residential layouts developed by private real estate developers , housing societies are dumping the sewage , / waste generated in their buildings , into unauthorized dumping grounds , lakes , etc . thus disturbing the environment & creating public health hazard ? how the BDA / BBMNP / KIADB / GOVERNMENT is monitoring sewage / waste disposal ? status report yearwise since 1987 till date .

37. how many unauthorized housing layouts are there in & around bangalore city ? what action by BDA / BBMNP / KIADB / GOVERNMENT against them ? action taken report yearwise since 1987 till date .

38. around bangalore city , vast areas of village farm lands , agricultural lands are acquired by private real estate developers for non agricultural purposes by a single firm or single owner. Are these actions legal ? some of these real estate agents have sold those lands to private industries , multinational companies for crores of rupees. Has the BDA / BBMNP / KIADB / GOVERNMENT given alienation of land ie conversion from agricultural to industrial usage. Has KIADB given consent to it ?

39. can a single individual / firm can purchase such vast tracts of agricultural lands , is it legal ? is it within the KIADB's comprehensive industrial area development plan ?

40. has the BDA / BBMNP / KIADB / GOVERNMENT given wide publicity , public notice calling for objections before alienation of such lands ?

41. are all those alienations , strictly in conformance to BDA / BBMNP / KIADB / GOVERNMENT's industrial area development plan ? violations how many ?

42. is the BDA / BBMNP / KIADB / GOVERNMENT revising / modifying CDP & INDUSTRIAL AREA DEVELOPMENT PLAN , to suit those real estate developers & Private companies ? on what legal grounds ?

43.what action has been taken based on mysore district magistrate mr.T.M.Vijaya Bhaskar's report on land grabbings in mysore ?

44.in mysore city , hebbal-hootagalli industrial area , a lake has been destroyed while building kaynes hotel , hinkal lake is shrinking , lake in front of BEML Quarters has been alloted to M/S THRILLER CLOTHING CO, are all these actions legal & in conformance to MUDA's CDP ? if not why ? what action ?

45. while auctioning off the lands of sick industrial unit M/S IDEAL JAWA LTD , was there any pre-qualification to bidders that after purchase of lands only it must be used for industrial use or only industries can participate in the bidding process ?

46.why not it has been clearly mentioned in the tender document that , said land is open for alienation ?

47. about this issue , our publication has even raised it's objections , in it's newspaper . no action , why ? as a result , the government , banks , employees were cheated off their dues & the private firm made huge profits. is this auction & alienation legal ?

48.numerous NGO's , trusts promoted by religious bodies , mutts are allotted prime lands at preferrential rates , for the reason that they will use it for public / social welfare. however many of the trusts are using the whole or part of the land for commercial purposes other than the stated public / social welfare purpose. what action has been taken by BDA / BBMNP / KIADB / GOVERNMENT in such cases ?

49.how many trusts have violated government norms in this way since 1987 till date? what action taken by BDA / BBMNP / KIADB / GOVERNMENT action taken report yearwise since 1987 till date ?

50.how many such illegalities / violations by trusts are regularized by BDA / BBMNP / KIADB / GOVERNMENT, on what legal grounds ? ATR since 1987 till date ?

51.before regularizing such violations have you sought public objections & given media publicity ? if not why ?

52.how you are monitoring the net wealth growth of some BDA / BBMNP / KIADB / GOVERNMENT officials & their family members , who have land acquisition / denotifying , land usage conversion authorities ?

53.how many trusts , NGOs are allotted prime residential / commercial lands by BDA / BBMNP / KIADB / GOVERNMENT on lease basis , in turn the said trusts , NGOs have sulet it either partly or wholly to others ?

54.how many such lease allotments are sold by BDA / BBMNP / KIADB / GOVERNMENT before the expiry of lease period , without public auction ?

55. what are the norms followed by BDA / BBMNP / KIADB / GOVERNMENT for the sale of leased lands to the lessee before the expiry of lease period ?
56. what is the status of house allotted to sri.chandrashekariah vide BDA allotment letter no:310/267/BDA/ADM/KMRSL(H)/78-79 dt 11/08/1978.
57. why BDA didn't file police complaint to evict encroachers?
58. why BDA didn't inform the descendents of original allottee about the cancellation of their allotment ?
59.what happened to the money deposited by original allottee?
60.is the action of BDA allotting the said house to an illegal encroacher just by the resolution of BDA committee legal ?
61. in case the BDA wished to re-allot the said house , first it must have informed the original allottee about cancellation of allotment allowing them sufficient time to reply with public notice in news papers , then they should have allotted the said house to the senior most in the waiting list. But BDA has just allotted the house to an illegal encroacher by the resolution of BDA committee. Is it legal ?
62. BDA officials gave half truths to my RTI request & stated that the said file concerning this issue cann't be found ie lost . is it legal ?
63. has the BDA filed police complaint regarding theft of file from the record room ? HONOURABLE COMMISSIONER OF BDA PLEASE REFER THE FOLLOWING ARTICLE.


CRIMES BY BANGALORE DEVELOPMENT AUTHORITY ( B.D.A) AGAINST A POOR WOWAN


The B.D.A flouts it's own rules & spreads red carpet for big land developers & land grabbers. B.D.A posting is a huge money spinner for corrupt officials. The corrupt B.D.A officials work hand in glove with criminal elements & rowdies. They illegally evict genuine allottees who are poor & without any connections from allotted prime lands & sell-off those prime land to the highest bidder of bribe. The poor fellow is re-alloted lands in backward areas & in some cases left in the lurch.


Now , take the following case. Mr. S.D. chandrashekaraiah a poor old man aged around 80 years was allotted with house no.185, kumaraswamy lay-out, first block, bangalore in 1978 vide letter no.310/267/BDA/ADM/KMRSL(H)/78-79 dt 11/08/1978.


The chairman of B.D.A has allotted the built house on lease cum sale basis. The poor old man mr. S.D.chandrashekaraiah complied with all the rules & in accordance with it even deposited 25% of the house cost in B.D.A'S account. However when he went over to his allotted house for residing in it, he found out some rowdy elements were already residing there. He complained about this matter to the legal owner of the house ie B.D.A . the B.D.A officials didn't take steps to evict the illegal encroachers nor did they make any complaint to the police. His appeals to B.D.A, chief minister of karnataka , etc fell on deaf ears. Hurt by this gross injustice & mounting financial burdens the poor old man died.


Subsequently, the poor man's daughter smt. Nagalakshmi who was also very poor , appealed to the B.D.A authorities once again , to evict illegal encroachers from her father's allotted house. This time the corrupt B.D.A officials played a different game. They showed her a vacant house, gave her oral instructions to live in that vacant house & told her that they will regularise it in due course. The hapless poor woman took huge loans & repaired the house fit for occupation. Just before she was to occupy that house , corrupt B.D.A officials once again planted rowdy elements in that house. Once again the poor woman was cheated. She lost her house, on top of it her loan burden mounted.


Till date, that poor woman is suffering from these gross injustices of B.D.A . SHAMELESS B.D.A OFFICIALS who take thousands of rupees salary & perks every month, all at the expense of tax-payer has not even cared to rectify the injustice. Thereby, they are violating the poor woman's fundamental & human rights.


Hereby, HUMAN RIGHTS WATCH urges the honourable chief minister of karnataka, honourable lokayuktha for karnataka , honourable chairman national human rights commission , honourable chairman national commission for women & honourable chairman state commission for women karnataka, to take the appropriate action & to speedily provide justice to this poor woman.


YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 2006 & 2007 . SOME OF THE DOCUMENTS ARE DATED BACK TO 1947.

REMARKS :
PIO of O/O commissioner , Bangalore development authority , Bangalore failed to provide full information to us. Vide lettes ,
No: BDA/DySEC-2/ADMN/KMS-1/185/2007-08 dt 23.08.07 &
NO:BDA/CPM/RIA/296/2277/07-08 dt 27.09.07

PUBLIC INFORMATION OFFICER FROM WHOM THE INFORMATION IS REQUIRED :
PUBLIC INFORMATION OFFICER , O/O COMMISSIONER , BANGALORE DEVELOPMENT AUTHORITY , BANGALORE .

DATE : 21.04.08……………………………. YOUR’S SINCERELY,
PLACE : MYSORE…………………………. NAGARAJ.M.R.


RTI  QUESTIONS   CHIEF JUSTICE OF INDIA , UNION HOME MINISTER ,  LOKSABHA SPEAKER , Dy Chairman of rajyasabha , PRESIDENT OF INDIA  , GOVERNOR OF KARNATAKA , CHIEF MINISTER OF KARNATAKA  &  DIRECTOR GENERAL OF KARNATAKA POLICE  ARE  AFRAID  TO ANSWER

APPLICATION FOR INFORMATION AS PER RTI ACT 2005                                                                                                                                                                                                        ( SEE RULE 22 OF RTI ACT 2005 ) OF GOI

FULL NAME OF THE APPLICANT : NAGARAJ.M.R.

ADDRESS OF THE APPLICANT : NAGARAJ.M.R.,
EDITOR , SOS E-VOICE JUSTICE  & SOS E-CLARION OF DALIT ,
# LIG-2 / 761, OPP WATER WORKS OFFICE,
HUDCO FIRST STAGE, LAXMIKANTANAGAR,
HEBBAL, MYSORE , KARNATAKA  PIN – 570017.

DETAILS OF DOCUMENTS / WRITTEN STATEMENTS / INFORMATION REQUIRED :
HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS - WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE'S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS


Hereby ,  we  do request  PIO O/O  Honourable Chief Justice of India  , PIO , O/O H.E.Honorable President of India , PIO O/O Honorable Speaker of Lok Sabha , PIO O/O Dy Chairman of Rajya Sabha , PIOs of  Karnataka Raj Bhawan , Karnataka CMO , Union Home Ministry GOI  and  DG & IG of Police of Government of Karnataka to answer the following questions in public interest , for safeguarding national security ,  National unity & integrity & to legally apprehend anti-nationals , criminals within the judiciary & police.

Main A :
At the outset , we express our whole hearted respects to all constitutional institutions &  to the honest few in public service. Contempt of constitutional institutions , citizens of India is being made by the corrupt persons in constitutional positions themselves. This is an appeal to the honest few in public service , constitutional positions , to bring their corrupt colleagues to book.

1.                  does the action of MPs , MLAs taking money / receiving favors from vested interests , to formulate policy decisions , to raise questions in parliament / legislative bodies or to abstain from voting  legal ?
2.                  why transparent , fair investigation is not done in such cases ?
3.                  just remember , the  vulgar acts of Mr.Bora Babu Singh in state legislature & how some  MLAs   vulgarly behaved with Ms.Jayalalita  in state legislature , years ago. Are these type of vulgar actions by MPs & MLAs  legal ? does not these constitute contempt of the house by MPs & MLAs themselves ?
4.                  all the people’s representatives from panchayath member to president of India must read ABCD  Of Democracy  provide along with.since independence of India till date , MPs & MLAs are forcing projects on people against the wishes of people , formulating policies against the wishes of people. Are not such projects , government policies & Laws , undemocratic & illegal ?
5.                  is the election commission of India verifying the authenticity of affidavits submitted by electoral candidates ?
6.                  how many candidates have been caught so far for giving false affidavits ? are all the violators prosecuted?
7.                  are the MPs , MLAs submitting their wealth details on affidavits yearly to vigilance authorities ? defaulters , violators how many ?
8.                  what legal action taken against violators , defaulters , for giving false affidavits ?
9.                  who is checking the authenticity of those affidavits submitted by MPs , MLAs ?
10.              the agricultural incomes of some MPs , MLAs , their kih & kin raises even during the time of severe drought , floods , fall in prices of agricultural products , their companies register increase in turnover / profits even during recession , the trusts / NGOs set up by them receive huge donations. Are all these income legal ?

Main B :
1.                  we do once again offer  our conditional services to the government of india , all state governments & supreme court of india , in apprehending  tax evaders , land grabbers , corrupt police , corrupt judges , corrupt  public servants , labor law violators , etc. whom the the government officials , vigilance authorities have failed to apprehend. Why the authorities , courts , supreme court of India , are not ready  to utilize our service ? are they afraid of being caught ?
2.                  the public servants , courts theselves are delaying giving information / records to us in many cases. So in the issues / cases raised by us , the clause of time bar doe not apply. Are these delaying tactics of public servants , courts legal ?
3.                  why no proper , timely action was not taken based on numerous police complaints made by us ?
4.                  why DG & IGP , Government of Karnataka , has not made any efforts to seek legal sanction for prosecution of VVIPs ( mentioned in our complaint ) , from union & state home ministries ?
5.                  the criminal nexus is trying to silence me in many ways , but the supreme court of India & national human rights  commission  has failed to undo the injustices , why ? is it because it is not a high profile case  ? is it because it  is not hi-fi , does not get image ratings , TRPs ?
6.                  the public servants are aiding underworld , naxalites & terrorists , by their delaying tactics & denial of information , records. What action has been taken against such anti-national elements in public service ?
7.                  how many complaints are made by Nagaraj .M.R. , Human Rights Activist , Mysore (editor of SOS e-clarion of dalit & SOS e-voice for justice) to Karnataka police , to national human rights commission  to supreme court of India till date ? what action taken with respect to each complaint ?
8.                  the delay in taking action by public servants  with respect to following cases has resulted in  more crimes , destruction / manipulation of evidences , records  and more injustices to commonman. Why the authorities did not take timely action against criminals in following cases ?

CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF
INDIA -
http://crosscji.blogspot.com/  ,
http://crossexamofchiefjustice.blogspot.com/  ,
http://crimesofsupremecourt.wordpress.com/  ,
http://crosscji.wordpress.com/  ,
http://crossexamofchiefjustice.wordpress.com/  ,
CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –
http://crosscji.blogspot.com/  ,
http://crossexamofchiefjustice.blogspot.com/  ,
http://crimesofsupremecourt.wordpress.com/  ,
http://crosscji.wordpress.com/  ,
http://crossexamofchiefjustice.wordpress.com/  ,
CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –
http://crosscji.blogspot.com/  ,
http://crossexamofchiefjustice.blogspot.com/  ,
http://crimesofsupremecourt.wordpress.com/  ,
http://crosscji.wordpress.com/  ,
http://crossexamofchiefjustice.wordpress.com/  ,
CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA
http://theftinrbi.blogspot.com/  , http://theftinrbi.rediffblogs.com/
http://theftinrbi.wordpress.com/
CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –
http://crimesofmuda.blogspot.com/  , http://manivannanmuda.blogspot.com/
http://crimesatmudamysore.wordpress.com/  ,
CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –
http://crimesofbda.blogspot.com/  , http://bdacrimes.wordpress.com/  ,
CORPORATE CRIMES RPG CABLES LIMITED
http://crimesatrpg.blogspot.com/  ,
http://crimesatrpg.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/218
MEGA FRAUD BY GOVERNMENT OF INDIA
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
are you ready to catch tax thieves ?
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
MOBILE PHONES , CURRENCY SCANDALS
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
reliance industry where is accountability ?
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
crimes at infosys campus
http://crimeatinfy.blogspot.com/  ,
http://crimeatinfy.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/214
crimes by B.D.A against a poor woman
http://crimesofbda.blogpot.com/  ,
http://bdacrimes.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/212
crimes of land mafia in India
http://landscamsinindia.blogspot.com/  ,
http://landscam.wordpress.com/   ,
http://groups.yahoo.com/group/naghrw/message/212
currency thefts in RBI Press
http://theftinrbi.blogspot.com/  ,
http://theftinrbi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/80
killer colas & killer medicines of India
http://deathcola.blogpot.com/  ,
http://deathcola.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/201
HONOR OF INDIAN PALIAMENT FOR SALE
Persecuted IROM SHARMILA of Puttaparthi AP – pushpa kolasani  on hunger strike in anantapur  district jail Andhra Pradesh


9.                  how many judges are caught by authorities for doing improper , immoral & illegal acts , since independence till date ? what action taken in each case ?
10.              what action taken against copy cat judges caught red handed while copying in public examination in Andhra Pradesh ?
11.              have you reviewed all the previous judicial decisions  taken by such judges of doubtful integrity & honesty ?
12.              is it not the duty of government & supreme court of India , to protect  the fundamental rights & human rights of all Indian citizens ?
13.              why the government & supreme court of India has failed to protect the fundamental rights & human rights of  me  & those mentioned in my complaint ?
14.              how many former CJIs  ,  supreme court & high court judges have disproportionate wealth ?
15.              Your denial of information to my previous RTI requests  amounts to suppression of evidence , hiding crimes , what action against erring public servants ?
16.              why my previous RTI requests or part  there of was not transferred to appropriate authorities and information given to me in a consolidated form ?




Main  C  :
Q1. Why not death sentence to corrupt police who murder people in in lock-up / fake encounters ?

Q2. Why not death sentence to corrupt police who apply 3rd degree torture on prisoners ?

Q3. Why not death sentence to corrupt police , who connive with criminals & backstabs our motherland , it's national security ?

Q4. Don't the police have suo-motto powers to take action in the interest of public welfare , law & order ?

Q5. Daily we see numerous reports of misdeeds by police , public servants , industrialists , etc in the media . Then why not police taking any action with respect to them ?

Q6. nowadays we see numerous reports of scams , scandals by constitutional functionaries , public servants in the media. Instead of wasting money , killing time by prolonging formation of parliamentary committees , judicial commissions , why not subject those accussed public servants to narco analysis , lie deector test , etc to ascertain truth & provide timely justice ?
Q7. If a commonman files a complaint , police / courts wants evidences , witnesses to take action against the rich & mighty crooks. Where as if a rich person just gives a complaint against a poor chap , he is arrested , tortured eventhough there are no evidences , witnesses. Why this double standard ?
Q8. If a poor chap tries to collect evidences as per his fundamental rights or as per RTI ACT , the public servants don't give full , truthfull information. Still , police / courts don't take action against those public servants hiding crimes. Why ?
Q9.why I was not permitted to appear as an "amicus curie" before jain commission of enquiry or supreme court of india probing late prime minister rajiv Gandhi assassination case ?
Q10. The criminal nexus tried to silence me , by closing my news paper , by snatching away my job oppurtunities in government service, by physically assaulting me , by threatening me of false fix-ups in cases & by attempts to murder me. But no action against culprits , why ?
Q11. Whereas , I was enquired number of times by police & intelligence personnel about this case , but the culprits were not enquired even once , why ?
Q12.who compensates the losses I have suffered due to these injustices ? are not police responsible for it ?
Q13. Is it not the duty of police to protect the lives , livelihood of witnesses & all parties involved , both during case & afterwards ?
Q14. How do you monitor & check corrupt police personnel & increase in their family's wealth year after year ?
Q15. While getting appointed into government service from the rank of peon to IAS officer , police verification is mandatory. While appointing to sensitive defense establishments , research institutes in addition to police verification , central intelligence agencies cross-check candidate's background. However is there no background checks of constitutional functionaries , MPs , MLAs , , who are privy to national secrets ? why ?
Q16. Recently , the opposition parties have made allegations during presidential allegations that close relative of one of the front running candidates have swindled public money by their bank , misused public money through one of their NGO. Is it true ?
Q17.has GOI funded any terrorist outfits in india or abroad ?
Q18.india preaches non-violence , panchasheel principles to the world. In india , more than half the population are poor , people are starving to death. Inspite these background , GOI funded & aided terrorist outfits in former east Pakistan ensuring the creation of Bangladesh , GOI has funded & aided terrorist outfits like LTTE , TULF , ETC in srilanka , MQM in Pakistan. In turn these terrorist outfits have murdered thousands of innocents in those countries. Are these acts of GOI just & legal ? Is not GOI responsible for all those murders of innocents ? has GOI paid any compensation to those victims or their family mebers ? why not ?
Q19.within india , to reduce the influence of certain terrorist groups , GOI has funded & aided couter terrorist groups , is it right & legal ?
Q20. In Jharkhand , chattisgarh , etc , the government has armed , trained & funded "salwa judum" to counter naxalites. Salwa judum cadres are terrorizing innocents just like naxalites. Is this action of government just & legal ?
Q21.in india, TADA , POTA is being rampantly misused by police. Even where there are no problems of terrorism , TADA / POTA is being slapped against innocents , even children. In M.M.Hills of Karnataka state , STF personnel charged tribal people with TADA on frivolous charges of taking lunch to veerappan , stiching dress for the forest brigand, etc. where as the prominent political, film , sports personalities who have links with underworld , anti national elements & attended parties hosted by dawood Ibrahim , other dons in gulf countries , else where. But these hi-fi people are not charged with TADA / POTA ? why ?
Q22. Film actor sanjay dutt had contacts with underworld & fully knowing well the criminal objectives of criminals , hid the dangerous arms & ammunition in his home , which were intended for terrorizing public. However mr.dutt is not charged with TADA / POTA instead he is charged with illegal possession of arms act ( which is normally applied to farmers who use illegal home made guns to scare away animals , birds in their farms ). Why this favourable treatment of mr.dutt by police ? prosecution ? is this because dutt is politically mighty & rich ?
Q23. Law is one & same for all , the public servants, police interpretes , enforces it differentially between rich & poor ? why this differentiation ?
Q24.recently in Bangalore police nabbed criminals belonging to international criminal syndicate selling duplicate nokia mobiles. Every nokia mobile comes with 15 digit IMEI number , this number is also used by police for tracking criminals. In consumer dispute at consumer disputes redressal forum Mysore CD 49/05 , nokia company stated that all it's products come with IMEI number only & stated that the product in dispute sold by tata indicom dealer M/S INTOTO COMMUNICATIONS , Mysore are not their's as it doesn't have IMEI numbers. Further nokia stated they don't have any business relationship with either tata indicom or it's dealer. However the tata indicom dealer stated that indeed his products are genuine , first hand products , but doesn't have IMEI numbers . this proves the dealer in collusion with tata company is selling illegal nokia mobile hand sets & cheating the public. These mobiles are evading taxes , as well as these are without IMEI numbers best buy for criminal elements who want to evade police tracking. What police are doing
Q25. Who , of which rank among police personnel takes the decision to close a case ie to file "B" report , when after certain time limit no leads are found in investigation ?
Q26. How do you monitor corrupt police personnel , who purposefully fail to investigate case properly , so that either the case can be closed with "B" report or the prosecution fails to prove the case in court ?
Q27. Who among police takes the decision to appeal against the verdict of a lower court , when the prosecution fails ?
Q28. Who took the decision , not to appeal against the argentina court order acquitting mr.quatrochi accussed in bofors scandal ?
Q29. Do you treat all the prison convicts same in the prison or does the notorious big time rich criminals get spacious barracks with tv, news paper , adequate food , medical care , etc while small time criminals , poor are crammed into pig sty like rooms with 60-70 inmates without any basic requirements ?
Q30. What is the status of my complaint made to the DG & IG of police , government of Karnataka on 10/12/2004 ? the copies of complaint was released at press meet at patrakartara bhavan Mysore on same day, even copies were given to police & intelligence personnel ?
Q31. Why no action , reply regarding the complaint till date ?
Q32. Our constitutional frame workers gave legal immunity privileges to certain constitutional functionaries , so that they are not burdened with frivolous court cases & can concentrate on their constitutional duties. But these privileges doesn't cover the individual actions of those public servants like rape , murder , dowry harassment , tax evasion , misuse of office , etc. but still law enforcement / police department is bound to send request to home ministry seeking permission & home ministry sits over files for months. This gives the accussed ample time to destroy evidences. Is it right & legal ?
Q33. Does legal immunity privileges cover their official actions alone ? if not what does it cover ?
Q34. What is the time limit for home ministry to give sanction for the prosecution of tainted constitutional functionaries ?
Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other people's representatives are facing criminal charges ?
Q36. In the past , how many MPs , MLAs , corporators were facing criminal charges , yearwise since 1987 ? how many of them were eventually convicted ?
Q37. How many MPs , MLAs , prominent film , sports personalities have have contacts with underworld , foreign intelligence agencies ?
Q38. How many of them have attended frequent parties hosted by underworld dons in gulf countries , else where ?
Q39. How many MP , MLA , other people's representatives are wanted by police in various cases . but shown in the police records as absconding but in reality are attending the proceedings of the house as usual ?
Q40. When did smt. Sonia Gandhi became a citizen of india ? did she occupy any public office before naturalization ?
Q41. In india , how many MPs , MLAs , MLCs are of foreign origin or have a spouse of foreign origin ?
Q42. Does smt. Sonia Gandhi have citizenship of any other country ?
Q43. Did she occupy any public office while enjoying dual citizenship ?
Q44. How do you monitor public servants who have spouses of foreign origin & while they are on foreign tour , from national security perspective ?
Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?
Q46. What is the status of complaint made by former union minister mr.subramanya swamy alleging that late P.M rajiv gandhi's family received money from foreign intelligence agencies ?
Q47. In many cases like mass riots involving certain political parties , when that culprit party comes to power all the cases involving it's partymen are withdrawn by the government orelse prosecution fails to prove it's case & prefers not to appeal. Just remember Bombay riot case involving shiv sainiks & others , when shiv sena – BJP came to power in Maharashtra , all the cases against it's partymen were withdrawn. Are these type of decisions by government just & legal ?
Q48.what damages has been done to india's national security due to mole in the PMO, as alleged by former union minister mr.natwar singh ?
Q49. What action by the government ?
Q50. How many Indians are in the custody of police / military in various foreign countries ?
Q51. How many foreigners are there in Indian prisons ?
Q52. How GOI is protecting the human rights of these prisoners ?
Q53. Is the government paying any compensation to victims of police failures , fix-ups , , who suffer in jail for years & acquitted by courts upon finding them as not guilty ?
Q54. Do you register murder charges / attempt to murder charges against guilty police officers who are responsible for lock-up deaths , fake encounters & 3rd degree torture ?
Q55. How many cases has been filed since 1987 till date ?
Q56. What action has been taken against guilty police officers , STF personnel who were responsible for gross human rights violations , 3rddegree torture , lock-up deaths of innocents in forest brigand veerappan's territory , based on justice A.J.Sadashiva commission findings ? if not why ?
Q57. I , as a citizen of india as my "fundamental duty" hereby do offer my conditional services to GOI & GOK to apprehend corrupt public servants. Are you ready to utilize my services ?
Q58. Police personnel are always in the forefront of containing crimes , mass fury , riots , etc. they suffer more & even their family members suffer threats from the criminal elements. Do the government provide insurance coverage to police & their family members on the lines of defense forces ?
Q59. What is the amount of coverage to a police constable & his family ?
Q60. Who makes the premium contributions ?
Q61. Do the government provide overtime allowance , food allowance to police who daily work beyond 8 hours of duty ?
Q62. Is the government giving any training to police personnel in public interaction , human rights ?
Q63. Is it right to post professionally trained police to sentry , orderly duties of ministers ?
Q64. What is the ratio of police personnel to total population in india since 1987 ?
Q65. IS THE GOVERNMENT GIVING ADEQUATE FOOD, MEDICAL CARE , CLOTHING , LIVING SPACE TO PRISON INMATES , AS REQUIRED BY A NORMAL HUMAN EING ACCORDING TO W.H.O NORMS ?
Q66. Is the forensic science department which conducts narcfo-analysis , lie-detector test , etc under the control of police department ?
Q67. Is it not right to put it under impartial control of NHRC or like bodies ?
Q68. Is the action of some police officers arranging compromise meetings & subtly insisting the poor to tow the line of rich or else face the consequences , is it right & legal ? this happens mostly in real estate matters.
Q69. Did government make any ransom payments to forest brigand veerappan during his various kidnappings ?
Q70. What action has been taken based on revealations by karim telgi during narco analysis about public servants involvement ?
Q71. How many cases of allegations against judges were made in the media about misuse of office , criminal acts by judges from munsiff court to supreme court of India ? since 1947 till date
Q72. are the enquiry report findings, action taken reports of such cases accessible to public ? if not why ?
Q73. what action has been taken against guilty judges ?
Q74. are the guilty judges legally prosecuted in all such cases ? or has it just ended with their resignation from services or his superior judge not allotting him any judicial work ?
Q75. why some high ranking judges are not legally prosecuted for their wrong doings ?
Q76. are judges above law ? are not everybody equal before law ?
Q77. do the judiciary subject , all the cases handled by accussed / tainted , guilty judges to review , to undo past unjust judgements ?
Q78. how ? if not why ?
Q79. how do the judiciary monitor the net wealth growth of some judges including the wealth in the name of judge's family members ?
Q80. do all the judges file their annual income , wealth statements on sworn affidavits to the higher judiciary ? defaulters how many ?
Q81. how does the judiciary verifies those statements ?
Q82. is such statements made public , on web ?
Q83. when the judgement of a lower court is turned down by the higher court , what action is initiated against lower court judge for making unjust judgement & meating out injustice ?
Q84. when allegations of corruption , misuse of office , etc against judges are made , why the accussed – judges are not subjected to tests like "poly graph , lie detector , brain mapping , etc" , in the interest of justice & truth ?
Q85. judges are not employees of government , so they are ineligible to be the members of "Karnataka state government judicial department house building co-operative society". Then how come , many judges including supreme court judges are admitted as members of this society & allotted prime residential site worth crores of rupees for a few thousands by the said society at said society's – judicial layout , yelahanka , Bangalore ? while the ordinary members like peons , clerks in judicial department are waiting for a site since years , is not the whole thing grossly illegal ?
Q86. in more than 70% of cases before all courts in India , central government or state government or government agency is one of the parties. How many judges or their family members , have received out of turn , favourable allotments of sites , gas agency , petrol pumps , etc by the government ? is not such allotments illegal ? what action ?
Q87. when a person under police custody or judicial custody suffer 3rd degree torture by police , is not the judge of the respective court which is handling that tortured person's case responsible for it ?
Q88. has the higher judiciary legally prosecuted respective judges & the police officers for committing 3rd degree torture , on charges of attempt to murder & murder ? if not why ?
Q89. registrar , Mysore district & sessions court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADMN/A/10825/2003 dated 19/11/2003. Please furnish me the merit ranking list of selected candidates along with my merit ranking for the post of peon.
Q90. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003. Please furnish me merit ranking list of selected candidates for the post of peon.
Q91. when a person doesn't get adequate food , medical care while under police custody or judicial custody , is not the respective judge dealing that person's case responsible for it ? what action ?
Q92. how judiciary is monitoring food & medical care to prisoners ?
Q93. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ?
Q94. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ?
Q95. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?
Q96. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?
Q97. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?
Q98. what is the criteria adopted for promotion of judges ?
Q99. what is the criteria adopted for appointment of advocates from bar , as the judges ?
Q100. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of commissions , etc ?
Q101. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures .
Q102. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?
Q103. are not these measures a failure , looking at present state of affairs of judiciary ?
Q104. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer's expense ?
Q105. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?
Q106. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?
Q107. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it right & just to provide premium health care to judges , constitutional functionaries at 5-star private hospitals in India , abroad , all at tax payer's expense ?
Q108. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ?
Q109. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?
Q110. why numerous appeals for PIL by me , were not considered ?
Q111. what is the criteria adopted by judiciary , for appointing "amicus curie" in a case ?
Q112. why my appeal to honourable supreme court , to make me as an "amicus curie" in late P.M Rajiv Gandhi's assassination case , was not considered by the court ?
Q113. what is the criteria adopted by judiciary , for initiating suo-motto action ?
Q114. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ?
Q115. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the needy ? is it not needy person's rights violation ?
Q116. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?
Q117. is the use of 3rd degree torture by police on prisoners , during the police custody / judicial custody / prison sentence right ? what action ?
Q118. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ?
Q119. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ?
Q120. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?
Q121. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ?
Q122. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ?
Q123. what are the status of my appeals , sent to the honourable supreme court of India , through government of india's on-line grievance system ( DPG & DARPG ) :
DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618
Q124. the appeals made to the honourable supreme court of India , copies of which are available at following web pages
http://groups.yahoo.com/group/naghrw/message/182 ,
http://groups.yahoo.com/group/naghrw/message/206 ,
http://groups.yahoo.com/group/naghrw/message/208 ,
http://groups.yahoo.com/group/naghrw/message/212 ,
http://groups.yahoo.com/group/naghrw/message/209 ,
http://groups.yahoo.com/group/naghrw
what are the status of those appeals ?
Q125. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , receipt of monetary gains by way of royalty for books , prime real estate purchase at discounted rate , taking round about long foreign tours along with family in the name of official work , etc. by this way , judges themselves are making contempt of court , constitution of India & citizens of India. How you are protecting the honour of the judiciary , constitution of India & citizens of India ? please answer.
Q126. Is the government giving any facilities / affirmative actions to policemen's family as being given to defense personnel , ex-servicemen & their families , like preferential site allotment , lpg agency , ration depot , reservation in college admission , soft bank loans , etc ?
Q126. if not , why ? after all , the contribution of police to national security is on par with defense forces.
Q127. is not some high police officials addressing their subordinates in singular term , abusing them with vulgar words wrong ?
Q128. is not some police personnel calling public with singular term, abusing public with vulgar words wrong ?
Q129. is it not the duty of prison authorities to protect the health, lives of prison in-mates ?
Q130.what action is taken against police personnel who wrongly charged an innocent person of criminal acts , resulting in his confinement in jail , finally acquitted by court as found to be innocent ?
Q131. is it not right to with hold salary , gratuity , pension to such guilty police personnel & pay it as compensation to victims of police failures & atrocities ?
Q132. does our Indian constitution legally permit a citizen of foreign origin naturalized by marriage to an Indian or naturalized by option , to occupy any constitutional office ?
Q133. during british rule in india & various other british colonies , criminal cases were foisted against our freedom fighters in India & other british colonies. After india's independence what happened to those cases ? did our Indian government close all such cases or did it continue with the prosecution ?
Q134. in how many cases GOI & other state government continued with the prosecution AGAINST OUR FREEDOM FIGHTERS ? why ?
Q135. what about the status of cases against shri.netaji subash Chandra bose ?
Q136. has GOI deported any freedom fighters to Britain or it's colonies , to face prosecution after India gained independence ? HAS GOI RECEIVED ANY REQUEST FROM BRITAIN TO THAT EFFECT ? if yes , why , whom ?
Q.137. the honourable supreme court of India failed provide information to me as per my RTI request appeal no : 91 / 2007 in response to your letter no : F1 / RTI / A.91 / 2007 dt 13.12.07 , why ?
Q138 . the honourable union home secretary failed to give me information as per my rti request , he transferred my application to others , in turn they transferred the application to some others. Finally , complete truthful information was not given , why ? as the union home secretary has got copies of all those replies in response to transferred RTI application , will he send me a consolidated reply to my present RTI request ?
Q139. in a high profile case before the honourable delhi high court , we have seen how defense advocate mr. R.S.ANAND & prosecution advocate mr. I.U.KHAN made a secret pact to win the case in favour of rich criminal , totally manipulating prosecution witnesses , evidences & prosecution stand , totally making mockery of justice system . how you are ensuring the delivery of justice , there being numerous such advocates in practice ?
Q140. Smt. Sonia Gandhi is person of foreign origin , she wields enormous clout more than the Prime Minister himself over the government of India being the chair person of UPA. Is she legally permitted to summon confidential official records , minutes of the cabinet , to hold the cabinet meeting of union ministers ?
Q141. As per law , is she permitted to hold constitutional offices like prime minister of India or president of India , etc ?
Q.142. What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?

Q143. What are the privileges conferred on legislators & parliamentarians by the constitution of India?

a) Inside the House b) Outside the House

Q144. What are privileges conferred on constitutional functionaries, like

a) President of India b) Prime Minister of India

c) Chief Justice of India d) Chairman of NHRC

e) Central Vigilance Commissioners.

Q145. Are the privileges legal immunity conferred on above mentioned constitutional functionaries ?

a) Cover all their official actions irrespective of merit.

b) Cover both their official & personal actions.

Q146. Are the privileges defined & codified ?

Q147. Are these privileges above freedom of the press ?

Q148. Are the liberty & fundamental rights of the citizens guaranteed by the constitution, above the privileges of the constitutional functionaries or equal or below ?

Q149. Can the Indian legislatures & parliament be equated to the House of commons in England which is considered to be a superior court and court of records ?

Q150. Can the division of powers, namely the legislature, the executive and the Judiciary, be equated to the functioning of the House of commons and House of Lords in England ?

Q151. Can a citizen be said to have committed breach of privilege of the House or court and causing contempt of the house or court by raising the issues of accountability of constitutional functionaries ?

Q152. Can a Legislature or Parliament enact a new law, to circumvent or to nullify the Judicial orders with respect to wrongdoings by peoples representatives & executive ? does not it amount to infringement of Judicial powers & contempt of the court by the House.

Q153. Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties of a constitutional functionary or equal in importance to it ?

Q154. Can a constitutional functionary commit crimes, anti-national activities in the name of constitutional duties, behind the legal veil of official's secret act & go unaccountable for his actions and go unpunished by his legal immunity privileges

Q155. Are the Legislators members of parliament, High court & Supreme court Judges and other constitutional functionaries not willing to codify their privileges for the reason that if codified their privileges would be curtailed and their action would be subjected to legal scrutiny. ?

Q156. By votes of citizens Legislators and parliamentarians get seats in the legislature and Parliament out of tax payer's money, they get their pay, perks & lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is above (More valid) or a seat of legislator or parliamentarian is above or more valid in a democracy ?

Q157. Judges & Constitutional functionaries are indirectly appointed by voters / tax payers. Out of tax payers money, they get their pay, perks & lead 5-star luxurious lifestyles. Hence, whether the vote of a citizen, fundamental duties of a tax payer is above (more valid) or a seat of judge / constitutional functionary is above (more
valid) in a democracy ?

Q158. If there is a vacuum in the Legislature or parliament, who is to fill up that vacuum till such time that the legislature or parliament acts provide a solution by performing its role by enacting proper legislation to cover the field (vacuum) ?

Q159. While it is an unhealthy practice for a Judge to claim to be a Judge in his own cause, is it not worse for the members of the legislature and parliament to be judges in their own cause ?

Q160. Are the Technicalities of the case more important to a judge or Justice to a citizen, protection of fundamental rights of citizen.?

Q161. Why not the constitutional functionaries initiate suo moto action with respect to numerous cases of injustices reported in Media ?

Q162. Why not the Judges admit various cases of Injustices affecting public, as the Public Interest Litigation" ? In some cases, the Public or the person representing them is unable to afford the high cost of the case. Why not free legal aid is given ?.

Q163. What is the criteria for admitting a P.I.L. & giving free legal aid ?

Q164. Communication - free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ?
Q165. Recently , while assuming office as honourable chief justice of Karnataka , justice. P.D.DINAKAR , gave a blanket withdrawal of all internal departmental enquiries against approximately 200 judges , is it just & legal ? give me the names of accused judges & description of charges against them ?
Q166. does it not show that judges are more equal than others ?
Q167. who are involved in PF scam ? what action against guilty judges ?
Q168. Why you did not give information to me as per RTI Act inspite of appeal ? refer. F1/RTI/A91/2007.
Q169. Almost a year ago , in the Karnataka state new chief justice of Karnataka high court honble Mr.Dinakar (now elevated to supreme court of India) just on assuming offices within hours scrapped disciplinary inquiry proceedings against 200+ erring judges. In such a short time no human being can study all the cases in detail , then how come he arrived at this vital decision in such short time? Who are those 200+ judges facing enquiry ?
Q170 .Recently in the Karnataka state , high court found out that a district judge without conducting hearings properly , entering fictious dates of hearings (which happens to be government holidays ) facilitated in exonerating a top politician . has the court enquired into the previous judgements of the accussed judge ? did it find any wrongdoings?
Q171. As per law , while on duty a person should not be drunk , under the influence of alchohol , as it limits the functioning of his senses & brain. That is why the acts & sayings of drunkards , committed / said when they are drunk are not taken seriously. However most of the police officers after evening hours are drunk , in that state only they apprehend many suspects & produce those suspects at the residences of magistrates before magistrate during wee hours / night. Some of of the judges are also drunk during that time. Does the senses of drunken police & judges work properly to do their respective duties in identifying criminals , apprehending them & to issue judicial orders. Are these actions of police & judges in drunken state legal ?

Q 172 . What action  has been taken in bhopal gas leak case against the guilty police officials who changed the charge sheet against union carbide officials ?

Q 173 . What action has been taken against guilty police officials , district magistrate , state ministers & central ministers who fully aided the criminals – Union Carbide official  Mr. Anderson to escape law , to jump bail  & flee the country without court’s permission ?

Q 174 . What action has been taken against the above said guilty with respect to their contempt of court  & for aiding a criminal to escape ?

Q 175. What action has been taken against the chief justice of India , who changed the legal clause under which the guilty should be tried ?  what action has been taken against the CJI who  became an official of the  trust belonging to the criminal ?

Q 176 . What action has been taken against the Indian Public servant who decided to withdraw cases from US Courts with respect to Bhopal gas tragedy ?

Q 177 . What action has been taken against the state labour department & pollution control board officials who have failed in their duties , inspite of earlier warnings by journalists ?

Q 178 . What action has been taken against state cabinet ministers who decided the quantum of compensation money to favour the criminal although they don’t have right to do so ?

Q 179 . What action has been taken against Presiding Judge of the trial court , Chief Justice of India , state police officials , public prosecutors & Central Bureau of Investigation officials who kept quite all along and didn’t  press for the extradition of the criminal Mr.Anderson , for  producing the criminal accussed no.1 before the trial court ?

Q 180 . Is it not SHAMEFUL for the judiciary , police , government officials & people’s representatives who became part of Operation Crime Hush Up & aided criminals responsible for ghastly murders of  thousands & maiming of lakhs of hapless public in Bhopal Gas Leak Tragedy?

Q 181 . Are these Corrupt Police , corrupt judges , corrupt ministers , corrupt  labour / pollution control board officials  HUMAN BEINGS ?
Q  182    Why  police are  not registering my complaint   against  CJI & other VVIPS ,Even after years ?
Q   183   don’t the  police of vijayanagar police station mysore have legal  jurisdiction  to register  the case  against these VVIPs ? or  just  because the criminals happens to be VVIPs  ,they  are  not booked  by police? If the  said  police don’t have  legal jurisdiction to book  these VVIPs , they should have  transferred the complaint  to  those authorities who have jurisdiction &   authority to book  & prosecute   these  VVIPs , but not done  so , why ?
Q  184  are not all these actions , of  VVIPs & police amounting to  cover up of crimes & criminals ? are  not  these cover ups itself is a crime ?
Q  185.  Even an appeal for justice by post card must be treated as PIL by courts of justice . however my appeals  for justice  concerning public welfare , national security  sent  through  post , e-mail  to supreme court of india are not admitted as Public interest litigation , why ?  does  not these acts of Supreme court amount to aiding criminals , anti nationals?
Q 186   Are not  the honourable chief justice of india  together  with the jurisdictional police & Revenue district magistrate  responsible  to protect  the  fundamental & human rights  of people ?  why the CJI , Mysore DC & Jurisdictional Police  have failed to protect the fundamental & human rights of  people  including mine ? For all the previous injustices I have suffered at the hands of the criminal nexus  Honourable CJI , Mysore revenue district magistrate & jurisdictional police  are  together responsible , if anything untoward happens to me or to my family members or to my dependents the quartet  – Honourable Chief Justice of India , Honourable District Magistrate , Mysore , Honourable Police Commissioner of Mysore city & Circle Inspector of police , vijayanagar police station  , mysore  will be responsible .

 These corrupt  parasites will feel  , understand the pain only when they also suffer in the same manner. Let us pray to almighty – In  whose  Court of justice  MATCH FIXING is not there & every body is equal , let us pray to that god to give these corrupt parasites ghastly deaths nothing less nothing more.


YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1991-2011 . SOME OF THE DOCUMENTS ARE DATED BACK TO 1947.
PUBLIC INFORMATION OFFICER FROM WHOM THE INFORMATION IS REQUIRED :
1. PIO , O/O Honorable Chief Justice of India , Supreme Court of India , New Delhi.
2. PIO , O/O  H.E.Honorable President of India , Rashtrapathi Bhawan , New Delhi.
3. PIO O/O Honorable Speaker of Lok Sabha , GOI , New Delhi.
4. PIO O/O Dy Chairman of Rajya Sabha , GOI , New Delhi.
5. PIO , O/O Union Home Minister ,GOI , New Delhi.
6. PIO , O/O H.E.Honorable Governor of Karnataka , Raj Bhawan , Bangalore.
7. PIO , O/O Honorable Chief Minister of Karnataka , CMO , Bangalore.
8. PIO , O/O DG & IG of Police , Government of Karnataka ,Police HQ , Bangalore.

Fees Paid :
1.                  IPO 90E 787047 for rupees ten only.
2.                  IPO 90E 787048 for rupees ten only.
3.                  IPO 90E 787049 for rupees ten only.
4.                  IPO 90E 787050 for rupees ten only.
5.                  IPO 90E 787051 for rupees ten only.
6.                  IPO 56C 376730  for rupees 5 only + IPO 56C 376731 for rupees 5 only.
7.                  IPO 56C 376732 for rupees 5 only + IPO 56C 376733 for rupees 5 only.
8.                  IPO 56C 376734 for rupees 5 only + IPOIPO 56C 376735 for rupees 5 only.

Enclosed :
1.                  Police Complaint dated 19.03.2011
2.                  Show Cause Notice Dated 19.03.2011
3.                  ABCD Lesson of Democracy.

DATE : 19.03.2011 ……………..………………………NAGARAJ.M.R.

PLACE : MYSORE , INDIA….. ……………………….( APPLICANT)







POLICE  NOT  REGISTERING  COMPLAINT   AGAINST  CHIEF  JUSTICE OF
INDIA  &  OTHERS
From,
NAGARAJ.M.R.
LIG-2 / 761, HUDCO FIRST STAGE,
LAXMIKANTANGAR, HEBBAL,
MYSORE - 570017.
Through,
Honourable DG & IG of Police ,
State Police H.Q ,
Bangalore.
To,
Honourable Circle Inspector of Police,
Vijayanagar Police Station,
Mysore.
Honourable Sir,
   Subject : Violation of FUNDAMENTAL RIGHTS & HUMAN RIGHTS by Honourable Chief Jusice of India &  H.E.Honourable President of India & other public servants
                   Karnataka Police are NOT registering & acting on my  complaint  to them dated  04.07.2009
A  person committing a criminal offense is a CRIMINAL. The Person  who aids a criminal in his criminal act , in hiding the criminal act , in destroying the evidences  of criminal act  is also  a CRIMINAL. The
person whose duty is to prevent criminal acts from  happening , who intentionally fails in his preventive duties  and  thereby facilitating  the criminal in committing crime is also a CRIMINAL.

Information  given by government  authorities are EVIDENCES , denial of information  amounts to hiding  of evidence ,  improper , half truth information given  amounts to MANIPULATION & DESTRUCTION OF EVIDENCES. In this way many of our public servants including judges & police themselves are criminals , but are not prosecuted by the authorities , why ?

Due to delay in giving appropriate  information , many crimes have  taken place which could have been prevented. As the delay in taking action , giving information / evidence is on the part of government
authorities , the issue of TIME BARRED FOR ADMISSABILITY doesn’t arise. At the outset , we express  our whole hearted respects to the honest few  public servants in public service including judiciary. However, the corrupt in public service don’t deserve  respect as individuals – as they are  parasites in our legal system. Still we respect the chairs they occupy but not the corrupt individuals.
All the following articles / issues , whole articles published in the weblinks mentioned below forms part of this appeal. The term “JUDGE” mentioned throught includes all public servants  discharging  judicial
functions right from taluk magistrates , quasi-judicial officers to Chief Justice of India.
Indian Legal / Judicial System is manipulated at various stages & is for sale. It is a SHAME. The persons who raise  their voice seeking justice  are silenced in many ways. The criminal nexus has already
attempted to silence me in many ways . If anything untoward happens to me or to my family members , my dependents , Honourable Chief Justice of India together with jurisdictional police officer will be
responsible  for it.
The Vijayanagar police in mysore stated that  they don’t have legal jurisdiction to book the criminals I have mentioned in the complaint & by taking a statement from me to that effect  closed the case
temporarily on  11.09.2010  after sitting over the complaint  for years together. Is it not the  duty of  DG&IGP to seek the permission from home ministry to legally prosecute the alleged criminal VVIPs ?
Why he was silent ? Ofcourse the lower rung police officers practically don’t have power to prosecute high & mighty ?
Hereby , I do request the  DG & IG OF Police , Government of Karnataka to seek the legal sanction from union home ministry & Karnataka state home ministry , for the prosecution of  below mentioned criminal VVIPs & to reopen my complaint here with.
In India , as per constitution of india all citizens are equal , have right to equal oppurtunity & equitable justice irrespective of caste , creed , religion , etc. the constitution has guaranteed these to every
Indian citizen by way of CONSTITUTIONAL FUNDAMENTAL RIGHTS. Also , every humanbeing on earth has got HUMAN RIGHTS, by virtue of his / her birth. However in india , CONSTITUTIONAL FUNCTIONARIES / PUBLIC SERVANTS have forgotten this & are acting as lords , autocrats - unquestionable public masters. CONSTITUTIONAL FUNCTIONARIES are PUBLIC SERVANTS
appointed to serve the public, public are the kings of democracy , they are the taxpayers & paymasters of this very same public servants. In India , corruption has spread it’s tentacles far & wide , it has not even spared the judiciary. The last resort of commonman for seeking justice is judiciary , even there corruption has spread .In present day India , if one is rich , he can committ any type of crime & get away clean from courts of law. there are corrupt police officials who modify FIR , suppress evidences ,manipulate evidences , takes up different line of investigation ,  fix innocents , coughs-up false confessions from innocents by 3rd degree torture , file B report closing the case , decides not to appeal in higher court of law , etc , ALL FOR A PRICE. Just see the list of millionnaire police officials who are caught by karnataka lokayukta.

Next step , the prosecutor & defense advocate strikes a deal , manipulates evidences , manipulates way of presentation of case & way of argument favouring the rich crooks for a price , as observed in high profile BMW case involving public prosecutor IU KHAN & defense counsel RK ANAND. In this way , if corrupt police & advocates , together manipulate the due process of law , the presiding judge is left high & dry even though the judge is honest, he is left helpless. to add to this , when the judge himself is corrupt , people’s last hope , democracy is dead. Nowadays we are hearing too many reports of irregularities in judiciary.

our publication has filed many appeals as PUBLIC INTEREST LITIGATION before hon’ble supreme court of India but the vested interests there are not accepting it as PILs. WHAT DOES PUBLIC INTEREST LITIGATION MEANS ? ISSUES WHICH ARE OF PUBLIC CONCERN AFFECTING MANY NUMBER OF PUBLICS.
The issues raised by us for sample :
1. sale of fake medicines & adulterated food products , beverages , colas affecting the health of millions of Indians & public of importing nations who are importing the same dangerous products from india .
2. demolition , eviction of houses , lands belonging to poor dalits , tribals , backward castes by government authorities whereas regularising  illegal land encroachments , illegal buildings by high & mighty people in total disregard to law. in some cases government has even made contempt of court , by defying court orders & enacting special laws all to favour rich land grabbers.
3. take the cases corporate frauds, violation of labour laws , pollution board laws , tax laws , etc by companies.
4. The reports in media about certain highly placed public servants leaking india’s defense secrets to foreign countries & some politicians , film stars attending parties hosted by anti nationals DAWOOD IBRAHIM & underworld dons in gulf countries & elsewhere. these type of appeals are for public good , national security , as public are affected by them. still supreme court of india is not considering our repeated PIL Appeals.the courts have the authority to consider even a post card , e-mail as a PIL Appeal , the courts even have the right to initiate suo-motto action for public good , inspite of absence of any appeals / complaints. over & above this at the time of my very first appeal my income was very low & i was a retrenched factory employee who was eligible for free legal aid, even free legal aid was not given to me. Now , even to my repeated RTI Appeals  the Honourable chief justice of India & H.E.Honourable President of India are not giving the requested information . these action of CJI & PRESIDENT OF INDIA is aiding high & mighty criminals , anti nationals , amounts to suppression of information , truth , evidences , which is a cognizable offence.
CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF
INDIA -
http://crosscji.blogspot.com/  ,
http://crossexamofchiefjustice.blogspot.com/  ,
http://crimesofsupremecourt.wordpress.com/  ,
http://crosscji.wordpress.com/  ,
http://crossexamofchiefjustice.wordpress.com/  ,
CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –
http://crosscji.blogspot.com/  ,
http://crossexamofchiefjustice.blogspot.com/  ,
http://crimesofsupremecourt.wordpress.com/  ,
http://crosscji.wordpress.com/  ,
http://crossexamofchiefjustice.wordpress.com/  ,
CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –
http://crosscji.blogspot.com/  ,
http://crossexamofchiefjustice.blogspot.com/  ,
http://crimesofsupremecourt.wordpress.com/  ,
http://crosscji.wordpress.com/  ,
http://crossexamofchiefjustice.wordpress.com/  ,
CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA
http://theftinrbi.blogspot.com/  , http://theftinrbi.rediffblogs.com/
http://theftinrbi.wordpress.com/
CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –
http://crimesofmuda.blogspot.com/  , http://manivannanmuda.blogspot.com/
http://crimesatmudamysore.wordpress.com/  ,
CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –
http://crimesofbda.blogspot.com/  , http://bdacrimes.wordpress.com/  ,
CORPORATE CRIMES RPG CABLES LIMITED
http://crimesatrpg.blogspot.com/  ,
http://crimesatrpg.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/218
MEGA FRAUD BY GOVERNMENT OF INDIA
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
are you ready to catch tax thieves ?
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
MOBILE PHONES , CURRENCY SCANDALS
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
reliance industry where is accountability ?
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
crimes at infosys campus
http://crimeatinfy.blogspot.com/  ,
http://crimeatinfy.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/214
crimes by B.D.A against a poor woman
http://crimesofbda.blogpot.com/  ,
http://bdacrimes.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/212
crimes of land mafia in India
http://landscamsinindia.blogspot.com/  ,
http://landscam.wordpress.com/   ,
http://groups.yahoo.com/group/naghrw/message/212
currency thefts in RBI Press
http://theftinrbi.blogspot.com/  ,
http://theftinrbi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/80
killer colas & killer medicines of India
http://deathcola.blogpot.com/  ,
http://deathcola.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/201
We do have highest respect for all constitutional bodies , public servants , but it is an appeal to the honest few in public service ,to bring to book their corrupt colleagues.The Honourable Chief Justice of India & H.E.Honourable President of India have violated their oaths of office , failed in their constitutional duties , suppressed material truths / informations & thereby repeatedly violated my Constitutionally guaranteed FUNDAMENTAL RIGHTS & BASIC HUMAN RIGHTS & Obstructing me from performing constitutionally prescribed FUNDAMENTAL DUTIES AS A CITIZEN OF INDIA.

Hereby , i do request you to legally prosecute the below mentioned public servants  ACCUSED CRIMINALS  viz
1.      H.E.Honourable President of India
2. Honourable Chief Justice Of India
3. Union Home Secretary , GOI
4. Governor , Reserve Bank Of India
5. Director-General & Inspector General Of Police , government of karnataka
6. Commissioner , Bangalore Development Authority
7. Commissioner , Mysore Urban Development Authority
8. Commissioner , Mysore City Corporation
9. Labour Commissioner , government of karnataka and
10. all public servants belonging to tax dept , pollution control board , etc mentioned in the above cases with web links, on the above mentioned charges.
 the whole issue of this news paper & the related materials at the weblinks provided, forms part of this
complaint. If i am  repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the
government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police
station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my
family members like loss of job , meeting with hit & run accidents , loss of lives , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if
criminal nexus levels fake charges ,  police file fake cases against me or my dependents  to silence me , this complaint is & will be effective.
if anything untoward happens to me or my dependents , the government of india is liable to pay Rs. one crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , public servants & Constitutional functionaries. Thanking you.
Jai Hind , Vande Mataram.

Date : 19.03.2011…………………………Your’s sincerely,
Place : Mysore……………………………Nagaraj.M.R.
 FINAL SHOW-CAUSE NOTICE TO  HONOURABLE CHIEF JUSTICE OF INDIA ,  SUPREME COURT OF INDIA  & OTHERS

In india democracy is a farce , freedom a mirage. the most basic freedom RIGHT TO INFORMATION & EXPRESSION , is not honoured by the government,as the information opens up the crimes of V.V.I.Ps & leads to their ill-gotten wealth. The public servants are least bothered about the lives of people or justice to them. these type of fat cats , parasites are a drain on the public exchequer . these people want ,wish me to see dead , wish to see HUMAN RIGHTS WATCH closed . so that, a voice against injustices is silenced forever , the crimes of V.V.I.Ps closed , buried forever.
To my numerous appeals , HRW's appeals to you ,you have not yet replied. It clearly shows that you are least bothered about the lives of people or justice to them .it proves that you are hell bent to protect the criminals at any cost. you are just pressurising the police to enquire me ,to take my statement, to repeatedly call me to police station all with a view to silence me.all of you enjoy "legal immunity privileges" ,why don't you have given powers to the police / investigating officer to summon all of you for enquiry ?or else why don't all of you are not appearing before the police voluntarily for enquiry ?at the least why don't all of you are not sending your statement about the case to the police either through legal counsel or  through post? you are aiding criminals ,by denying me job oppurtunities in R.B.I CURRENCY NOTE PRESS mysore , city civil court ,bangalore , distict court , mysore ,etc & by illegally closing my newspaper.
there is a gross, total mismatch between your actions and your oath of  office. this amounts to public cheating & moral turpitude on your  part.
1.you are making contempt of the very august office you hold.
2.you are making contempt of the constitution of india.
3.you are making contempt of citizens of india.
4.you are sponsoring & aiding terorrism & organized crime.
5.you are violating the fundamental & human rights of the citizens of  india and of neighbouring countries.
6.you are violating & making contempt of the U.N HUMAN RIGHTS CHARTER  to which india is a signatory.
7.you are obstructing me from performing my fundamental duties as a  citizen of india.
you are hereby called upon to SHOW-CAUSE within 30 days , why you  cann't be legally prosecuted for the above mentioned crimes .

If i am  repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges ,  police file fake cases against me or my dependents  to silence me , this complaint is & will be effective.
if anything untoward happens to me or my dependents , the government of india is liable to pay Rs. one crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , public servants & Constitutional fuctionaries. Thanking you.
Jai Hind , Vande Mataram.

Date :  19.03.2011……………………………………………..your's sincerely,
Place : Mysore , India……………………….............................Nagaraj M R

A B C D of Democracy – A Lesson for all people’s representatives

HOW MPs ,MLAs  , Ministers - PEOPLE’S REPRESENTATIVES MUST FUNCTION 
People are the kings , self rulers in a democracy . Peoples representatives must just represent the wishes ,  aspirations of people. When  people in Jaitapur , Maharashtra state of India  are totally against a nuke plant in their area  and they don’t want it , still the authorities are forcing this project over their head.
Since 63 years of independence , In India the learned IAS babus & Netas are forcing their agendas , SEZs , Projects over the people for their own selfish gains , against the wishes of people. This is not DEMOCRACY.
In india, indirect democracy is the form of governance. In this form, people's representatives are bound to raise the questions , issues concerning their constituents on their behalf , on the floor of the house. However the sad part in india even after  63  years of democracy , is the lobbying is at it's peak. The lobbying is a gentleman's white collared crook's way of forming favour seeker's group , creating a corpus to pay lumpsum bribe & influencing decision making.

The people's representatives are bound to represent their people first , then their party & party think tanks. India has come to this sorry state of affairs , widespread corruption , huge black economy & rampant poverty, all due to inefficient legislations & enforcements.
These think tanks & IAS lobby, consider themselves as most super brains on earth & gives out suggestions . the present state of affairs is a barometer of their brilliance. These think tanks & IAS lobby are the hand maidens of lobbyists / bribers.

Now consider the following example :
Mr.raj gandhi is a member of parliament from mandya constituency in karnataka state. He is a MBA graduate & member of ruling Indian progressive party. The multinational giant M/S GREY HOUND CORPORATION wants to enter into paper manufacturing business in india. It's sight falls on the public sector paper giant mandya national paper mills (MNPM) in mandya district of karnataka. The MNC effectively lobbies with the government. The ruling party think tank & the cabinet advisory group recommends to the government to make strategic
disinvestment in the PSU M/S MNPM. They bring out graph with full power point presentation stating that it is good for the company as well as the government. The lobbyists follows it up with media reports on the positive aspect of strategic disinvestment. A favourable impression is created in the minds of literate public. The cabinet
committee okays it.

The " strategic dis investment issue " comes before the parliament for legislation / approval. The ruling party issues a party whip to it's members to vote in favour of dis investment. However M.P mr.raj gandhi who is an MBA in his own wisdom also favours the dis investment. However ,most importantly the constituents – people in mandya parliamentary constituency through protest marches , mass post card campaigns lakhs in numbers expresses their disagreement with the dis investment & urges their MP mr.gandhi to vote against the disinvestment legislation.

On the D-day in parliament , mr. Raj gandhi as per his party whip & his own wisdom votes in favour of strategic disinvestment legislation, much against the wishes of his people , constituents & mis represents them in parliament. the democracy has failed here. in This way democracy is being derailed since 62 years in india.

In democracy, party whip , MP or MLA's own wisdom / brilliance, think tank & IAS lobby recommendations are all secondary , the constituent's of his constituency , people's wishes aspirations are of primary importance & supreme. What people need is a honest
representative, who simply delivers the people's aspirations on the floor of the house back & forth , without superimposing it with his own ideas & party ideas. For true democracy , the people's representatives must be true postmans.

Towards this end , the people must be educated about their democratic rights & responsibilities. This is an appeal to the honest few in the parliament & state legislatures to weed out their corrupt colleagues , lobbyists, to uphold the dignity of the house & to
install democracy in it's true form.
 What’s Really At Stake In The Vodafone Tax Case
By Rahul Varman

The Supreme Court judgment in the Vodafone case argues that the 'corporate veil' cannot be pierced as long as there was no intention to avoid taxes.Rahul Varmanon how and why corporations in India manage to undermine the law and the public good for the sake of private profit
The case
The case concerns a tax dispute between the Vodafone group and the Indian income tax (IT) authorities over the acquisition by Vodafone International Holdings BV (VIH) (part of the Vodafone group and a company resident for tax purposes in the Netherlands) of the entire share capital of CGP Investments (Holdings) Ltd (a company incorporated in Hong Kong but resident for tax purposes in the Cayman Islands) on February 11, 2007 for about $11 billion (Rs 55,000 crore) from Hutchison Telecommunications International Ltd (HTIL). CGP, through various intermediate companies/contractual arrangements, controlled 67% of Hutchison Essar Limited (HEL), an Indian company. The acquisition resulted in Vodafone acquiring control over Hutch-Essar, a joint venture between the Hutchison group and the Essar group, which had obtained telecom licences to provide cellular telephony in different circles in India in November 1994. Because the sale was supposed to have been made overseas, no taxes were paid in India.
The IT authorities in India contended that the primary aim of this transaction was to acquire 67% controlling interest in Hutchison Essar Limited, a company resident in India. They therefore sought to tax capital gains under Section 9(1)(i) of the Indian Income Tax Act 1961 (2) arising from the sale of the share capital of CGP on the basis that CGP, while not a tax resident in India, holds the underlying Indian asset. According to the tax authorities the profit made by Hutchison Hong Kong, while it sold its shares of Hutch-Essar to Vodafone, was generated in India. Therefore, Vodafone, the buyer of the shares, had an obligation to withhold and pay the tax in India, before making the payment to Hutchison. The tax demand was $2.5 billion (Rs 11,000 crore, as much as the entire MNREGA budget in 2007). Vodafone contested, stating that neither Vodafone nor Hutch was liable to pay the tax as both the companies were located outside India and the deal happened outside India.
Vodafone is a British multinational telecommunications company headquartered in London. It is the world's largest mobile telecommunications company measured by revenues ($73.5 billion in 2011) and the world's second-largest in terms of subscribers, with over 439 million subscribers as of December 2011. In 2011 it earned profits of $12.6 billion, while it owned assets worth $242 billion and had an employee base of 83,862 (3). Vodafone India currently is the third largest mobile network operator in India.
Vodafone filed a writ petition in the Bombay High Court challenging the jurisdiction of the tax authorities. In September 2008 the Bombay High Court held that the transaction was one of transfer of capital assets situated in India, and accordingly, the Indian income-tax authorities had jurisdiction over the matter. It concluded that it would be simplistic to assume that the entire transaction between HTIL and VIH was fulfilled merely upon the transfer of a single share of CGP in the Cayman Islands. The two-judge bench noted that "The commercial and business understanding between the parties postulated that what was being transferred from HTIL to VIH BV was the controlling interest in HEL…. HEL was at all times intended to be the target company and a transfer of the controlling interest in HEL was the purpose which was achieved by the transaction" (4).
The Supreme Court verdict
The case went up to the Supreme Court and, based on two key but independent arguments, the highest court concluded that there was no merit in the High Court's verdict. The first line of reasoning was that the transaction between Vodafone and Hutch was a share transfer (sale) rather than a transfer of capital assets and that the ownership of the capital assets remained vested in the Indian company. The judgment took recourse to the legal distinction between a company and its shareholders and thus the judgment does not make a distinction between shareholding that constituted a controlling interest and that which was a pure financial investment. Consequently it becomes completely immaterial in this specific case that the share(s) actually transferred were not of the company located in India but of offshore companies that ultimately controlled the shares that constituted the controlling interest in the Indian company. Even if the shares were of a company located in India, in the court's view it would not have constituted a transfer of capital assets. Once it is accepted that the shareholders of a company have a legal identity distinct from the company, no matter what the proportion of shares they hold, it follows that the two companies would have distinct identities even if one held a controlling share in the other. The Supreme Court judgment makes it a point to emphasise that even a subsidiary has an identity that is distinct from its parent holding company (5).
The second interesting aspect of the Supreme Court judgment is that it argues for a "look at" test in which tax authorities consider the entire Hutchison structure as it existed, "holistically", at its face value, and not adopt a "dissecting approach". In other words, authorities should not ask whether the transaction is a tax avoidance method, but apply the "look at" test to ascertain its legal nature. The Supreme Court was not in favour of the High Court's "look through" test because, it claimed, this was inconsistent with the need for certainty and consistency of tax policies that are crucial for taxpayers' confidence (especially foreign investors). The judgment argues that such a going behind the "corporate veil" (6) or looking through would be legitimate only in cases where it can be established that there is a deliberate intention of evading taxes. In the Supreme Court's view no such inference can be made in this case if the steps that led to the creation of the complex holding structure of Vodafone and the eventual Vodafone-Hutch transaction were seen in the proper context. According to the court the structuring of the transfer of control from Hutch to Vodafone was not done with the specific intention of avoiding taxes. Hence the corporate veil need not be pierced and the fact that there was a transfer of control from Hutch to Vodafone must be ignored. And thus the tax authorities should concern themselves only with the corporate structure or "form" of a merger deal, and not the "substance" of what assets are changing hands.
An additional implication of the judgment is that as long as it can be established that a mechanism was not originally created with the intention of avoiding taxes, it does not matter if it eventually led to such a consequence. The court has directed that when assessing whether an entity is evading the tax law, the authorities have to examine whether the means of evasion (which here is the creation of CGP, Hutchison's Cayman Islands unit) was originally intended for this purpose. Since Hutchison made its investments and engaged in activities in India (in collaboration with Essar) for several years before the deal and during that period CGP existed, the latter is not to be seen as primarily created to avoid capital gains (7).
The underlying issues involved
For a layperson who is not concerned with the technicalities of tax law and jurisprudence, the case is significant for three important issues.
Why 'look at' and not 'look through'?
The first interesting issue that arises is why authorities should look at and not look through the transactions, especially if what is being examined are complex transactions of mammoth corporations like Vodafone? After all, even simple cases of wrongdoing may not be caught out without looking at the substance of the act beyond the mere form of what is being claimed by the parties. According to Girish Dave, retired chief commissioner of income tax, Mumbai, who was closely involved in scrutinising the Vodafone-Hutch deal:
"This entire investment was not in purchase of one share of one US dollar of CGP's only capital. The investment was in the Indian mobile telecommunication business. CGP had no balance sheet as it had no accounts, no profit and loss account, so a question arises how this value of US $11.2 billion was arrived at when no accounts of CGP were available even in the due diligence report of E(rnst)&Y(oung). If this investment was in the telecom business in India, a natural corollary would be that it was this investment in entirety which was in fact sold. Investment was not in one share of CGP, for which in the year 1998 Hutchison may have paid one US dollar to Ms Nicole Melia from whom it acquired that one share." (8)
Ostensibly this needs to be done to attract foreign investment, but as Supreme Court lawyer Prashant Bhushan points out, in this deal no foreign investment as such is involved, as the Indian telecom company has merely been transferred from one company to another without any additional foreign investment. (9)
Why Cayman Islands?
The second interesting aspect is that the court chooses to ignore the fact that the merger deal was structured through a corporate vehicle stationed in the tax haven (10) of Cayman Islands. In the Supreme Court's view, since Hutch-Essar existed for several years before the 2007 deal and was an active corporate and taxpaying subject, the deal was perfectly legal and it cannot be said that the Cayman Islands were brought into the loop with the express purpose of tax avoidance. But the point is that what else could be the possible purpose of bringing Cayman Islands and vehicle stationed there into the deal if not tax avoidance? It is hard to imagine any other strategic advantage that Cayman Islands can bring in for a corporation like Vodafone. The Cayman Islands (11) is a British Overseas Territory located in the western Caribbean Sea, which is just 264 km2 in area with a population of 55,000. Considered a refuge of pirates and deserters in the 17th century, the island has evolved into a tax haven which is now the fifth-largest banking centre in the world, with $1.5 trillion in banking liabilities.
But this is not the first time that corporations in India have undermined the law and its underlying intent of public good for the sake of private profits. After all, the tax havens have been legitimised way back in 1982 when India signed the double tax avoidance agreement (DTAA) with Mauritius in order to attract foreign investments at the time of the launch of the first wave of 'economic liberalisation'. According to the IT Act if India has signed a DTAA, the taxpayer can pay tax in either of the two countries. But the catch here is that Mauritius has no capital gains tax, so a company doing a Vodafone-like deal in Mauritius will escape without paying any tax whatsoever. This has resulted in large amounts of investments being routed through Mauritius to avoid taxes and regulatory regimes in more established nation-states. Hence, due to the absence of capital gains tax and low tax rates on corporate profits, over 15,000 international companies have set up affiliate or associate firms in Mauritius. Not surprisingly, an economy which is all of $11 billion (same as the merger deal being discussed here!) is the single largest source of foreign investment for India. In recent years, Mauritius has accounted for approximately half of the annual inflows of FDI to India and around 40% of FII money that has come into the country's stock exchanges. Prof Arun Kumar of Jawaharlal Nehru University (JNU) claims that a lot of this 'foreign investment' is the money that was laundered out of country and which is now being routed back through tax havens like Mauritius (12).
Compartmentalisation of the corporate form
Perhaps the most interesting and the least commented aspect of the Supreme Court judgment is that which takes us to the very heart of the contemporary debate regarding the nature of gigantic corporations like Vodafone. The judgment has upheld the principle of maintaining a clear-cut separation between companies and between companies and their shareholders (13). But the point is that if the holding companies, the subsidiaries and their respective shareholders are all different entities then how do we make sense of the complex and mammoth corporate structures like Vodafone that influence the lives of such large numbers of people and control enormous natural and public resources like spectrum globally?
A bit of history here may help us put things in perspective. To begin with it was not usual for early corporations even in the US (where they first came to the fore) to be able to hold interests in another corporation -- in fact it was illegal. The earliest forms of corporations were those that had the clearest public purpose – churches, schools, universities (Harvard was chartered in 1688) and cities. Over time, the institutional form was used for public needs with clear economic benefits – canals, banks, bridges, and turnpikes. In the 18th century, corporations could come up only in the public domain through special parliamentary charters – they were provided with privileges like eminent domain (14), tax breaks, or monopoly rights only because they were supposed to deliver public goods, like waterways, roads, canals, banking, and other tasks which governments felt could not or should not be conducted privately as they were too risky, too expensive, too unprofitable, or too public, that is, perform tasks that would not have got done if left to the 'efficient' operations of the markets. Thus corporation arose as quasi-government agencies -- some of its particular features, such as limited liability, perpetual life, and parcellised ownership were established in order to compensate for the 'inefficient' tasks that they were assigned, where market would not support them (15). The debate whether a company could own shares in other companies was intense, and continued for decades in the US, as holding companies appeared, and were outlawed, followed by trusts, which were then outlawed, and finally by conglomerates, which successfully completed the redefinition of the nature of corporate property. US states varied considerably in their laws permitting stock ownership -- at one extreme Virginia prohibited stock ownership by corporations in other companies in the 1880s, while Pennsylvania allowed manufacturing companies to own railroad stocks to create spur lines to link their factories. When New Jersey allowed any corporation that incorporated in the state to own interests in other companies in 1888, corporations flocked for registration. By 1901, 66% of US firms with $10 million in capital or more, and 71% of those with $25 million or more were incorporated in New Jersey (16).
Thus while we are debating the tax and welfare implications of the Vodafone case (and obviously they are far-reaching), the most basic question that ought to be asked is why such mergers should be allowed in the first place? Because the stark fact is that in the name of market forces and the law, what is driving such mergers is basically the intent to kill the possibilities of market competition, in the name of which, ironically, such mergers and consolidations are mostly sanctified. Thus it is interesting that while such mergers are done in the name of market, efficiency and public welfare, their tax liabilities are also discounted in the name of public welfare, this time for investments and economic growth! And all this can always be justified by asserting that corporations are a legal fiction and cannot be said to have any purposive intent, as in the present judgment. And yet when it is convenient corporations can take the form of a natural person and acquire basic human rights like free speech and due process (17) too! Historically, various arms of a democratic state have been complicit in this evolving form of corporations.
Thus mammoth corporations can apparently keep acquiring new forms, new faces, and even new logic depending upon the issues at hand, even while there is a fundamental conflict between the private profits of global elites, whose handmaiden modern corporations have become, and the public interest of common people across the globe. Witness for instance the never-ending ordeal of the lakhs of victims of the world's worst industrial disaster in Bhopal in 1984, which happened at a site of one of the largest chemical corporations in the world at the time, Union Carbide. Within 10 years the plant was sold off to a so-called 'Indian' company which in 2001 in turn passed it off to one of the largest chemical companies in the world, Dow Chemical of the US. Of course now Dow claims that it has nothing to do with the never-settled liabilities of the accident towards the people of Bhopal, while it has acquired all its assets (18)! So tomorrow if it is found that spectrum was allocated illegally to Hutch-Essar in earlier years, we should be prepared to hear that Vodafone has nothing to do with it (of course Hutch and Essar will also wash their hands of this!), while it profits from the same spectrum (19).
Framed in narrow legal terms and the limiting framework of the so-called welfare nation-states in the times of globalisation, it has become a continuously losing battle for the people at large. This tide can be turned only by a clear realisation that public good and modern corporations are inversely proportional to each other and this debate needs to be taken much beyond immediate tax and legal issues.

Global Corporations Undermining Democracy Worldwide
By Isolda Agazzi

GENEVA - In a world where governments are increasingly subservient to global finance capital, multinationals are gaining ground in the fight against state regulations that aim to protect the environment, public health or social policies.
According to the most recent data released by the United Nations Conference on Trade and Development (UNCTAD), the number of lawsuits brought against governments by companies evoking clauses in bilateral investment treaties (BITs) was 450 at the end of 2011.
These are only the known cases; most are kept secret.
In the many instances in which these lawsuits have been successful, governments have been made to pay fines amounting to tens, sometimes hundreds of millions of dollars or euros.
The highly controversial BITs – which establish the conditions for investment by companies of one country in another state – have handed multinational corporations an arsenal of clauses with which to fight state regulations against harmful investment.
In 2011, Argentina held the record of known cases (51), followed by Venezuela (25), Ecuador (23) and Mexico. Most of the claims against Argentina are related to the 2011 financial crisis and many to theprivatisation of water. In total, Buenos Aires has been fined more than one billion dollars by multinational corporations.
Last year, Ecuador was forced to pay fines of 78 million dollars to the United States’ oil company Chevron, which claims that the country’s efforts to protect the Amazon from pollution have negatively affected business.
This year, Argentina may face a new case, after the government moved to regain state control over the country’s biggest oil firm, which had been owned by the private Spanish oil company Repsol for many years.
According to UNCTAD, the year 2011 saw 40 percent of cases decided in favour of states and 30 percent in favour of investors, while the remaining 30 percent resulted in settlements.
Ironically, BITs allow companies to sue governments but not vice versa.
In December 2011, for instance, the Stockholm-based Vattenfall threatened to sue Germany for the federal government’s decision, in the aftermath of the Fukushima catastrophe, to phase out nuclear energy by 2022.
The Swedish nuclear company was poised to rake in compensation amounting to more than a billion euros. Evoking the Energy Charter Treaty – a multilateral agreement that protects investment in the energy sector – Vattenfall first tried, unsuccessfully, to convince the federal government to accommodate its requests.
The deadline for peaceful dispute settlement expired last March and now Vattenfall could sue the government at any time.
"Germany has around 130 BITs that could potentially severely restrain its environmental policy," Nathalie Bernasconi, of the Geneva-based International Institute for Sustainable Development (IISD), told IPS.
"Foreign investors may challenge, in an international arbitration process, any change in law and policy to protect the environment and public health, to promote social or cultural goals, or to grapple with financial or economic crises. However, it is impossible to predict the outcome with any precision because each will depend in large part on the composition of the arbitral tribunal deciding the case, which consists of three highly-paid individuals, typically specialised in commercial rather than public law."
It is the second time that Vattenfall has attacked Germany on environmental charges. In 2009, it challenged the standards set out in an environmental permit required for the operation of its coal-fired power plant situated on the river Elbe, which runs through Hamburg.
Claiming that the regulations – aimed at limiting the increase in water temperatures caused by the plant’s operations – were too strict, the company brought the case to an arbitral tribunal at the International Centre for Settlement of Investment Disputes (ICSID).
In order to settle, Germany agreed to change the conditions under which the permit was delivered and the case was dropped.
"A legal analysis by a German law firm commissioned by Greenpeace confirms that the environmental standards in the permit were diluted in a way that was probably not required under German law. It is a typical case where a government... (has) abandon legislation or standards it originally planned to adopt out of fear of being sued or condemned in an international procedure," Bernasconi commented.
Another emblematic example of the power corporations wield over governments is the case brought byPhilip Morris International against Uruguay and Australia under BITs the countries had signed with Switzerland and Hong Kong respectively.
The U.S. tobacco giant is using these treaties to challenge new legislation concerning the health warnings and advertising on cigarette packages - even though the regulations are in compliance with and encouraged by the World Health Organisation (WHO) framework convention on tobacco control.
According to Veijo Heiskanen, a specialist in international arbitration at Lalive law firm in Geneva, "From the 1960s to the 1970, states had a direct role in economies. With the privatisation (wave) of the 1990s, this direct role was replaced by regulation."
This led to questions about whether the implementation of these regulations was adversely affecting investors, particularly foreign ones, which is often the case.
While investor protection was initially necessary to regulate government measures like nationalisation, the trend now seems to be leaning heavily on corporations challenging these regulations.
For example, in the late 1990s, Mexico was fined 16.7 million dollars for forbidding the U.S.-based company Metalclad from dumping toxic waste in the Guadalcazar County in the northern part of the north-central state of San Luis Potosí.
"The real question is whether (BITs) regulations are appropriate and states should seek (sound) legal advice to make sure that they are in compliance with international standards," stressed Heiskanen. "These disputes are politically sensitive because there are (millions of dollars) at stake."
Prior to paying fines to Chevron last year, Ecuador was sentenced to the payment of 700 million dollars back in 2010. That same year the Swiss cement supplier Holcim obtained 650 million dollars from Venezuela, when the country nationalised cement production.
All experts are agreed that legislation and regulations need to find a better equilibrium so that they cannot be exploited by states or investors.
"Investment protection treaties must be modernised to strike a better balance between investors’ and states rights," Bernasconi concluded. "The old model doesn’t work any more."
States and citizens alike have become extremely mistrustful of the dispute settlement process. "The commercial arbitration model on which investment arbitration is built is just not adequate for resolving sensitive issues of public policy," she added.
"A lack of transparency, unpredictability and conflicts of interest have simply become unacceptable. This discontent has led countries like Australia to disfavor investor-state dispute settlement entirely and others to terminate their investment treaties.
"Watching these developments, countries like Brazil, which never ratified any of its investment treaties, must count themselves lucky," she added.

Vodafone Tax case - A Case Study for Investments in India
-       By  Madhu S
India Inc has been surging ahead audaciously with the support of its Information Technology developments with its repertoire of resources. Global players have been eying the Indian market, owing to immense opportunities that the continent provides; both in terms of expansion and profit. Investment patterns in India have shown positive growth over the years with significant process on the de-regulation front. India has been greatly involved with the G-8 and G-20, including signing of the Double Taxations Avoidance Agreements/Treaties (DTAA) with various tax-haven countries. This has boosted the image of India as a ‘lookout destination’ for investment and an emerging hub for economical activities. World Report 2010 ranked India as the 9th most attractive investment destination, while Bloomberg Global Poll conducted in September 2010 put India in the third position, above the United States of America (US).

However, the very same image is said to have taken a beating with the recent Vodafone Tax case, which has been revolving in courts since 2009. With clear signs of the court ruling in favour of the tax authorities, many global companies are said to be rethinking their investment plans in India, keeping in mind the impact of the judgment on the taxation front. The Doing Business Report 2011 of World Bank has ranked India at 134, below neighbouring countries like Pakistan and Bhutan. This is a result of procedural difficulties for start-up companies and investment companies, in India and abroad.

Tax regulations play a major role in cross border transactions and investments in a country. Tax havens, open borders and DTAA countries are major destinations for investment through Foreign Direct Investment (FDI) or other routes. The Vodafone tax case throws an interesting question on the taxability of a non resident company acquiring shares of a resident company through an indirect route. This is a landmark case, as it is for the first time that the tax departments have sought to tax a company through a mechanism of tracing the source of acquisition. While we have heard about lifting the ‘corporate veil’, this instance has set a rare example wherein the Indian tax authorities have gone to length to interpret the existing tax laws, to bring a global company like Vodafone to its tax ambit.

Facts
Vodafone International Holdings BV, based in Netherlands and controlled by Vodafone UK, obtained the controlling interest and share of CGP Investments Holdings Ltd (CGP) located in Cayman Island for a value of $11.01 billion from Hutchinson Telecommunications International Ltd (HTIL), which had  stake in Hutchinson Essar Ltd (HEL) that handled the company’s mobile operations in India. HEL had its stake in CGP Holdings, from which Vodafone bought 52 per cent of HEL’s stake in 2007, thereby vesting controlling interest over them.

The Bombay High Court, on September 8, ruled that where the underlying assets of the transaction between two or more offshore entities lies in India, it is subject to capital gains tax under relevant income tax laws in India. The Court invoked the nexus rule wherein a state can tax by connecting a person sought to be taxed with the jurisdiction, which seeks to tax. The treatment of the company as an Assessee in Default (AID) under Section 201(1) 1 of the Income Tax Act and reading Sections 5(2)2 , 9(1)3  and 1954 , the court came to the conclusion that Vodafone was liable to deduct tax at source (TDS). Vodafone has now appealed before the Supreme Court to revisit the judgment, which makes them liable for a record amount of Rs 12,000 crores going to the tax authorities’ kitty.

Impact
Vodafone raises pertinent questions on the issue of taxation of non-resident entities. The judgment will have direct impact on transactions of major acquisitions like SABMiller-Foster and Sanofi Aventis-Shanta Biotech. Similar transactions that existed earlier are Sesa Goa, AT&T and General Electric. British firm Cairn Energy has already agreed to pay tax in India as well as the UK on selling its stake in Cairn India to Vedanta Resources from $6.65 billion to $8.48 billion. Depending upon the size of the stake sale, the tax liability could range between $868 million and $1.1 billion. The judgment would definitely throw a cautious note to major investors and M&As in India; however, it does not have that great an impact to curtail the investment flow to an emerging destination like India. The judicial propriety of the case is still to be settled when the matter comes for final stages in the Supreme Court. Going by the events in the lower courts, the Supreme Court is unlikely to disturb the Bombay High Court ruling.

The global community is keenly watching the current trends happening in the Indian subcontinent, especially since it has become an emerging player at the socio-economic and political levels. United Nations Conference on Trade and Development (UNCTAD) has reported that India is set to dislodge the US by December 2012 to become the second best destination for FDIs, the major component of which is M&As. India is also set to revamp its taxations norms with significant changes at the regulatory level. The proposed Direct Tax Code contains key provisions, which will have a major impact on investments in India.5 India has improved its rankings in the WB ‘Doing Business’ Report on the number of regulatory changes taken in the existing year. This shows that the country is set to make a global footprint by branding itself as a ‘Must Invest’ destination.

The Vodafone tax case has given India the opportunity to create a model for other countries, which follow source-based taxation principles . It is an opportune time to bask in the glory of India, which is said to have had one third share of the world market in ancient times, as pointed out by economist Amartya Sen in his book The Argumentative Indian. Let’s hope that we can revive the ‘Real India’ soon.
Notes:
1. Section 201 of the Act broadly provides that any person (referred to in Section 200 of the Act), and in cases referred to in Section 194, the principal officer and the relevant company, who does not deduct the whole or any part of the tax, or after deducting fails to pay the tax as required by or under the Act, he or it shall, without prejudice to any other consequences which he or it may incur, be deemed to be an ‘assessee in default’ in respect of the tax.
2. Section 5(2) enunciates that the income of a non-resident from whatever source derived is included in the total income if (i) it is received in India; (ii) deemed to be received in India; (iii) accrues in India; (iv) deemed to accrue in India; (v) arises in India; or (vi) deemed to arise in India.
3. Section 9(1) explains the circumstances in which income is deemed to accrue or arise in India and includes all income accruing or arising in India, whether directly or indirectly (a) through or from any business connection in India; or (b) through or from any property in India; or (c) through or from any asset or source of income in India; or (d) through the transfer of a capital asset situated in India.
4.  Section 195 provides for deduction for tax at source upon a payment to a non-resident or foreign company
5. The proposed DTC says that if 50 per cent of the value of the shares being transferred is derived from assets situated in India, it is deemed to be taxable in India.





SCRAP Jaitapur  &  Koodankulam Nuclear Power Projects
-  An  Appeal  to  Honourable  Supreme  Court  of  India

In India corruption is rampant . Whenever  big projects are undertaken , the powers that be who have  early inside information  about oncoming project at a particular site buy  the land  from locals at dirt cheap price . When the project is publicly notified , these power brokers sell those lands for premium to the  authorities. These Power brokers  are working as a powerful lobby , to get the project  going  so that they can make a profit or else they will suffer loss.

In india , we don’t have advanced technology   to  handle nuclear accidents  just like fukushima   or medical competence  , health care infrastructure  to provide medical care to affected human beings of   fukushima like tragedy. LIVE EXAMPLE  SUFFERERS OF BHOPAL GAS TRAGEDY  ARE SUFFERRING TILL DATE WAITNG FOR JUSTICE , PROPER  COMPENSATION , HEALTH CARE . EVEN THERE WAS  JUDGEMENT FIXING BY JUDGES IN THAT CASE , TOP MINISTERS HELPED THE CRIMINAL TO ESCAPE INDIAN LAW . Even the government of india is not trustworthy . Even the government of india nor state governments have where withal to pay compensations to affected people .  In case if such  an accident like fukushima took place in india , affected people are let  down by the government , even for  incompetent health care of the government &  meager compensation by government  ,  affected people must shell out  bribe , wait for years  some times go for litigation to get a meager sum.

Big MNCs  while getting orders in third world countries bribe  those in power , in turn the powers that be in the government  act as a powerful lobby to get the project  cleared & going at all cost . They don’t even  care about affected people , their human rights , they forcibly evict  people using brute police force , by fixing local people in false cases & send them to jails.

The MNCs in the race  who just  missed out  getting the said order / project  in third world countries , fund  disgruntled elements in the government  , Media  &  NGOs   to oppose  the said project , to stop the project.  This is another lobby. 

Nobody  , really cares about the affected people.  The Fundamental Principle of Democracy  is  working of government as per the wishes , aspirations of people. Who the Hell are these lobbies , MPs , Ministers , NGOs  & Governments  to forcibly  impose  a man eater  nuclear project over local people. The  role of government  ,  media  &  NGOs  is to create  awareness  about  both positive  &  negative  impacts  of  the proposed  project  on the local people & their  culture , lifestyle.  Their  role ends there.  After  this awareness is  created , If the local  people  wants a project  it can go ahead , if the  local people  rejects the project  , it must be stopped.  That is  true democracy. Now , the government of India , State Governments of Maharshtra & Tamilnadu  are violating the basic democratic rights of local people   by imposing the JAITAPUR  &  KOODANKULAM  NUCLEAR POWER PROJECTS . Hereby , we urge the supreme court of india  to stay  the both  projects immediately.

HOW MPs ,MLAs  , Ministers - PEOPLE’S REPRESENTATIVES MUST FUNCTION 
People are the kings , self rulers in a democracy . Peoples representatives must just represent the wishes ,  aspirations of people. When  people in Jaitapur , Maharashtra state  & Koodankulam , Tamilnadu state of India  are totally against a nuke plant in their area  and they don’t want it , still the authorities are forcing this project over their head.
Since 65 years of independence , In India the learned IAS babus & Netas are forcing their agendas , SEZs , Projects over the people for their own selfish gains , against the wishes of people. This is not  DEMOCRACY.
In india, indirect democracy is the form of governance. In this
form, people's representatives are bound to raise the questions ,
issues concerning their constituents on their behalf , on the floor of
the house. However the sad part in india even after  65  years of
democracy , is the lobbying is at it's peak. The lobbying is a
gentleman's white collared crook's way of forming favour seeker's
group , creating a corpus to pay lumpsum bribe & influencing decision
making.
The people's representatives are bound to represent their people
first , then their party & party think tanks. India has come to this
sorry state of affairs , widespread corruption , huge black economy &
rampant poverty, all due to inefficient legislations & enforcements.
These think tanks & IAS lobby, consider themselves as most super
brains on earth & gives out suggestions . the present state of affairs
is a barometer of their brilliance. These think tanks & IAS lobby are
the hand maidens of lobbyists / bribers.

Now consider the following example :
Mr.raj gandhi is a member of parliament from mandya constituency in
karnataka state. He is a MBA graduate & member of ruling indian
progressive party. The multinational giant M/S GREY HOUND CORPORATION
wants to enter into paper manufacturing business in india. It's sight
falls on the public sector paper giant mandya national paper mills (
MNPM) in mandya district of karnataka. The MNC effectively lobbies
with the government. The ruling party think tank & the cabinet
advisory group recommends to the government to make strategic
disinvestment in the PSU M/S MNPM. They bring out graph with full
power point presentation stating that it is good for the company as
well as the government. The lobbyists follows it up with media reports
on the positive aspect of strategic disinvestment. A favourable
impression is created in the minds of literate public. The cabinet
committee okays it.

The " strategic dis investment issue " comes before the parliament
for legislation / approval. The ruling party issues a party whip to
it's members to vote in favour of dis investment. However M.P mr.raj
gandhi who is an MBA in his own wisdom also favours the dis
investment. However ,most importantly the constituents – people in
mandya parliamentary constituency through protest marches , mass post
card campaigns lakhs in numbers expresses their disagreement with the
dis investment & urges their MP mr.gandhi to vote against the
disinvestment legislation.

On the D-day in parliament , mr. Raj gandhi as per his party whip &
his own wisdom votes in favour of strategic disinvestment legislation,
much against the wishes of his people , constituents & mis represents
them in parliament. the democracy has failed here. in This way
democracy is being derailed since 65 years in india.

In democracy, party whip , MP or MLA's own wisdom / brilliance,
think tank & IAS lobby recommendations are all secondary , the
constituent's of his constituency , people's wishes aspirations are
of primary importance & supreme. What people need is a honest
representative, who simply delivers the people's aspirations on the
floor of the house back & forth , without superimposing it with his
own ideas & party ideas. For true democracy , the people's
representatives must be true postmans.

Towards this end , the people must be educated about their
democratic rights & responsibilities. This is an appeal to the honest
few in the parliament & state legislatures to weed out their corrupt
colleagues , lobbyists, to uphold the dignity of the house & to
install democracy in it's true form.

Hereby , we do request  the Honourable Prime Minister of India , Honorable Chief Minister of Maharashtra state  & Honourable Chief Minister of Tamilnadu State to immediately , scrap Jaitapur & Koodankulam Nuclear Power Projects. Jai Hind. Vande Mataram.

Your’s sincerely,
Nagaraja M R



“Green signal for Koodankulam is a red signal for our lives”

People’s Movement against Nuclear Energy activists continue indefinite hunger strike even as police arrest 212 protesters
Tamil Nadu government started “operation Koodankulam “on Monday 19 March, arresting 203 protesters and blocking all entry points to the coastal villages surrounding the nuclear power plant. Police arrested 185 men including parish priest Father Suseelan at Kottupuli village where they were protesting against the deployment of police forces. They were taken to Tirunelveli Armed Reserve Camp. Later police arrested 18 men from Koodankulam on charges of staging protests and violating Section 144 of the Indian Penal Code.
Police started the crackdown on anti-nuclear plant protesters early on Monday arresting nine people including People’s Movement against Nuclear Energy (PMANE) legal advisor Sivasubramanian and Rajalingam. They are being charged with sedition including Sections 121, 121A and 153A. They were taken to Tirunelveli. Around 4000 state police and 400 central police officials have been deployed in the area. Police have set up seven more police pickets around Koodankulam nuclear plant and blocked entry points.
According to Dr SP Udaykumar, convener, People’s Movement against Nuclear Energy, who is on a indefinite hunger strike along with Pusparayan, his associate at Idinthakarai, around 5000 people assembled at the St Lourdes Church ground since Monday. “We, eight men and seven women, are on an indefinite hunger strike. The green signal for Koodankulam is a red signal for our lives. We will continue our protest till we die,” said Udayakumar.
To beat the police blockade, protesters were seen using fishing boats to ferry people to the protest grounds. “We were able to bring our people to Idinthakarai On Monday. But this morning (Tuesday) onwards, the Coast Guard and Navy used helicopters for surveillance in the area,” said Udayakumar.
Police have also intensified patrolling in the area and are waiting for orders from Tamil Nadu Chief Minister Jayalalitha to enter Idinthakarai. Additional Director General of Police S George is camping in the area and overseeing the Koodankulam operation.
According to a senior police official, the state government wanted a ‘silent clearance operation’ in Koodankulam. “We have requested media to vacate the premises and sealed all entry points. We will use force only as a last resort,” said the police official who wished to remain anonymous. According to sources, the police have cut power supply to Idinthakarai and are planning to delink the water supply to the village.

“We are protesting peacefully. We will continue our protests till our demands are met,” said Pushparayan. According to him, the protesters want an immediate release of people arrested and the withdrawal of Tamil Nadu cabinet resolution. “We have been ditched by the Tamil Nadu government, they will pay for the betrayal and treachery,” Udayakumar told TEHELKA.
Udayakumar asked why the state government was not ready to conduct the safety drill around the 30 kilometer radius of the power plant which is mandatory before commissioning a nuclear plant. “The government is violating basic safety requirements before commissioning the plant. In such a situation we have no other option,” said Udayakumar. He warned of public health problems and food shortage at Idinthakarai and appealed to the people of Tamil Nadu to be aware of “this assault on the Tamil community”.
“They [government] are preparing to load uranium fuel rods into the reactor without conducting safety or evacuation drills. This kind of Fascist development is taking our country to another round of New East India Companies and Neo-colonialism,” said Udayakumar. Dr V Suresh, National Secretary, PUCL, Tamil Nadu-Puducherry condemned the police action by the Tamil Nadu State Government against peaceful demonstrators.
“The police action against Idinthakarai villagers resembles the Jalianwalabagh incident and raises concerns about the state government’s intention. This action comes immediately after the Sankarankovil by-elections.” said Dr Suresh. The PUCL has demanded an immediate and unconditional release of all arrested villagers and withdrawal of police force from the area.
Jeemon Jacob is Bureau Chief, South with Tehelka. 
jeemonj@gmail.com

CRIMINAL  MPs  &  MLAs  of  India

Letter To NHRC On Nuclear Liability For IAEA's Treaty
By Gopal Krishna

To,
Justice Shri K.G. Balakrishnan
The Chairperson
National Human Rights Commission (NHRC)
Faridkot House, Copernicus Marg, New Delhi


Sub: Human rights violations from nuclear damage - its impact on human life and enviro-occupational health


Sir,
This Hon’ble Commission has been seriously pursuing the problem of “enviro-occupational health”, and has been taking “preventive” as well as “remedial” measures. It is humbly brought to your notice that there is another equally serious enviro-occupational hazard which is exposure from radioactive radiations and wastes. The issue of liability for nuclear damage is directly linked to it. The grave problem of diseases caused to present and future generations by radiation exposures is required to be addressed as it affects environment and human health and violates Article 21 of the Constitution, Directive Principles as well as “human rights” as defined under the UDHR, ICCPR and ICESCR.
2. That at the outset, the Applicant wishes to refer to the problem of exposure from radioactive radiations. The Supreme Court has looked at the entire issue, keeping in view the Directive Principles as well as Article 21 of the Constitution, and held that “life” includes right to health and medical care etc. There is no database on the records of the Government to show, to the best of Applicant’s knowledge, as to what actions the Government has taken, namely, how many persons have been reported to be suffering from exposure to radioactive radiation? How many have died? Did they receive any compensation? How many persons suffering from it are receiving treatment?
3. That the Applicant is an environmental health researcher who was invited to make submissions before the Parliamentary Standing Committee on Science & Technology, Environment & Forests following a written submission on Civil Liability for Nuclear Damage Bill, 2010 which is meant to pave the way for India to sign International Atomic Energy Agency (IAEA)’s Convention on Supplementary Compensation (CSC) for Nuclear Damage, 1997.
4. That in its 25 page report on Civil Liability for Nuclear Damage Bill, 2010, Parliamentary Standing Committee on Science & Technology, Environment & Forests which was tabled in the Rajya Sabha and Lok Sabha on 18th August, 2010.observes, “When the Committee inquired from the Secretaries of Ministries/Departments of Government of India who appeared before the Committee as to whether the draft nuclear liability Bill was referred to them for their views/comments, some of them viz. Ministries of Health & Family Welfare, Agriculture, Labour & Employment, Food & Public Distribution, etc. replied in the negative. The Committee is of the opinion that Government must have sought the opinion of Ministries which are even distantly related to any provision of the legislation. The Committee, therefore, recommends that in future Government should consult all such Ministries/ Departments which are even remotely concerned with the provisions of a proposed legislation.” This Hon’ble Commission may take cognizance of the submissions of these Secretaries and direct the concerned authorities to internalize their suggestions in the text of the Bill to protect the human rights of Indian citizens and safeguard intergenerational equity.
5. That, in view of the facts mentioned above, the applicant humbly submits that the Hon’ble Commission may kindly initiate appropriate proceedings and issue directions to all the concerned Secretaries of the Central Government and relevant States/UTs with regard to the following :
How would they respond in the event of a nuclear disaster?
Do they know as to how many industries/factories exist in the States/UTs where radioactive material is used? Is there an inventory of products wherein the said material is used?
What is the total number of workers employed in the nuclear power industries and other nuclear installations?
Whether there is regular medical check-up and whether medical facilities exist for workers and communities in the vicinity of nuclear installations?
Whether there is any record of persons who died because of radioactive radiation?
How many persons suffer from radioactive radiation and whether they are receiving regular treatment for the said disease?
What steps States/UTs have taken to check/prevent occurrence of radioactive radiations and how many hospitals dealing with the enviro-occupational diseases exist in the States/UTs.
How many institutions in the country have the competence to decontaminate and how many medical, occupational health and scientific institutions can diagnose radiation exposure?
What action has been taken by the central government and the State Governments/UTs have taken to protect exposure from radiation in the future?
6. That it is submitted that this Hon’ble Commission for the purpose of collecting the above information, may also take the benefit of its experience in the case of enviro- occupational diseases which are preventable but incurable. By giving medicines, impact of radioactive radiation can be reduced and life span can be prolonged but ultimately fate of the affected person is painful death. A brief note on the issue of liability from nuclear damage and the submissions of the concerned Secretaries of the central government is enclosed as Annexure A
7. That the applicant wishes to bring to this Hon’ble Commission’s notice that India has ratified Radiation Protection Convention, 1960 of the International Labour Organisation (ILO) but its provisions have not been complied with. India is yet to ratify ILO’s Occupational Cancer Convention, 1974 which is concerning Prevention and Control of Occupational Hazards caused by Carcinogenic Substances and Agents took cognizance of the Radiation Protection Convention and Radiation Protection Recommendation. It refers to the work done by International Agency for Research on Cancer and The International Commission on Radiological Protection (ICRP) that provides guidance on all aspects of protection against ionising radiation. Article 6 of the ILO's Radiation Protection Convention with regard to “Maximum permissible doses of ionising radiations which may be received from sources external to or internal to the body and maximum permissible amounts of radioactive substances which can be taken into the body” has been ignored. Article 7 of the Convention calls for “Appropriate levels” be fixed in accordance with Article 6 for workers who are directly engaged in radiation work and are (a) aged 18 and over; (b) under the age of 18, No worker under the age of 16 to be engaged in work involving ionising radiations and Article 8 that seeks “Appropriate levels (to be) fixed in accordance with Article 6 for workers who are not directly engaged in radiation work, but who remain or pass where they may be exposed to ionising radiations or radioactive substances.” Drafters of the Nuclear Liability Bill appear to have ignored their recommendations.
8. It is humbly prayed that this Hon’ble Commission may enquire /investigate into the problem of radioactive radiation and issue necessary directions/recommendation for its prevention and appropriate remedial steps to the Central Government/State Governments and UTs.


Yours Faithfully
Gopal Krishna


LAW FIXING  - INDIANS  &  INDIA  SOLD  OUT   TO   MNCs   DIRT CHEAP   

Are the  lives of Indians Cheaper than  Electricity produced by nuclear power --   Government Backing for Criminal Corporations


Recently , both houses of parliament has passed the bill “Nuclear Accident Liability Bill” ,  where by our learned MPs have sold the lives of Indians Dirt Cheap. The Cap of  1500 crore rupees spread over crores of Indians living near the nuclear facilities considering the population density works out to just few thousands. Even the government pays  money above 1500 crore  cap , it is the tax payer’s money , our own money. The Profit is made , enjoyed , siphoned off by MNC  to it’s overseas office , while for their wrong doing , we have to suffer &  pay money from our own pocket for  ourselves. It is ridiculous.

HEREBY , WE DO REQUEST  H.E.PRESIDENT OF INDIA  , TO REJECT  THE SAID BILL &  SEND IT BACK TO PARLIAMENT FOR AMENDMENTS.

Before  enacting the law on “Nuclear  Accident Liability Bill” , Government of India  should consider the following  issues

1.       The term  Nuclear Accident must include the damages caused due to  radiation leak affecting the employees in the nuclear facility  ,  the people living  near the facility  & people affected by the  effluents , scraps  generated by the nuclear facility.

2.       The government of India does not have any right to fix a price tag for the lives of Indians , that too cheaper than US public.

3.       The Nuclear power generating companies must  incorporate safety infrastructure & procedures  as they do in US market , not any obsolete technology.

4.       In  USA & other developing countries , they have very huge , efficient social security network , vast pool of resources  put in by  nuclear power generating companies themselves , to  take care of the affected in case of a nuclear accident . In India we don’t have that type of  social security network nor matching resources , therefore ideally  India must fix a nuclear liability cap much higher than  US market in dollar terms.

5.       Also the company must be made liable  for the complete clean up  of the facility  & surrounding  towns , villages , health care to all the affected victims  on par with US market , in case a nuclear accident happens.

6.       The  Nuclear Equipment Suppliers , Nuclear Plant Operators  together  with their  respective governments like USA , UK must  stand  as guarantors .

7.       The  Life Insurance Companies in India Must pay insured amount  to  nominees of insured  in case of nuclear accidents / radiation affects in addition to compensation by the  nuclear power companies . as of now many life insurance companies are not covering nuclear accidents / radiation affects.



Neither our MPs , Cabinet ministers nor  IAS babus  have the right to decide the fate of common people  & fix a rate for lives of Indians. They are not experts in this field ,  they should not  conclude any deals , decisions in  a hush hush manner .  Many scams have  come out of hush hush deals . Nobody , no MP , no minister , no IAS  officer has paid from his personal  pocket to the victims  of industrial disasters , etc. After all  MPs , Ministers , IAS babus  are  public servants , they must just represent the voices of people , we  people don’t  want  their  personal expertise & opinions. Our Policy makers  must heed to the public advice of senior  scientists , experts in the field of nuclear power generation .



Ofcourse , as a result  unit price of electricity will get front loaded  , we may not get cheap  electricity . but  the lives of Indians are much valuable than Electricty.  The person who benefits from cheap electricity – Industrialists  does not  pay from his pocket  to the victims of disasters . Development  not at the cost of safety & lives. This must dawn on our ill informed  policy makers at the earliest . Jai Hind  . Vande Mataram .

Your’s   Sincerely ,
Nagaraj.M.R.

What if a nuclear accident happens
- BILL LIMITS LIABILITY OF OPERATOR TO RS 5OO CRORE, ANYTHING ABOVE WILL BE GOVT RESPONSIBILITY



Answers to questions on the nuclear damage bill the Centre withdrew from the Lok Sabha on Monday

What is the bill’s purpose?

The Civil Liability for Nuclear Damage Bill seeks to set down mechanisms and rules for liability claims and payments that might arise because of a nuclear incident and to pave the way for India to join an international liability regime.

What kind of nuclear liability regime does India have at present?

All of India’s nuclear power reactors and nuclear facilities are owned by the central government, or by the Nuclear Power Corporation and Bharatiya Nabhikiya Vidyut Nigam (Bhavini) — both public sector enterprises. Any liability issues that emerge from incidents become the responsibility of the central government. The inter-government agreements between India and Russia under which Russia has supplied two nuclear reactors at Kudankulam in Tamil Nadu do not clarify liability issues. This has meant uncertainty over trans-boundary liability issues.

Why has the bill become necessary now?

The Indo-US civilian nuclear agreement allows US suppliers to sell nuclear power reactors to India. But the companies have been concerned about the absence of a well-defined nuclear liability regime in India. Environmental groups believe foreign companies will be reluctant to invest without a liability regime in place because they do not want to run the risk of having to compensate without a cap for a nuclear incident. Without the bill, under the existing legal regime, a company may have to encounter absolute, unlimited and non-delegable liability.

What does the bill propose?

A leaked version of the proposed bill circulated by environmental groups indicates that the government plans to cap the maximum liability for each nuclear incident to 300 million Special Drawing Rights ($460 million or Rs 2,100 crore). This is lower than the $470 million settlement in the Bhopal gas disaster.

If the claims for compensation for nuclear damage exceed SDR 300 million, an additional 300 million SDR may be available through an international convention.

The liability of a nuclear power operator (so far only the NPC and Bhavini) for each nuclear incident will be Rs 500 crore. The limit will also apply to private companies if they are allowed entry into the sector.

The central government will be liable for nuclear damage if the liability exceeds the operator’s limit.

Why has this generated controversy?

The bill has generated the widespread perception that it will allow US companies to go scot-free in the event of a nuclear accident and saddle the Indian government with the liability — in other words, Indian taxpayers will have to pay for damages. Some environmental activists are contrasting the proposed Indian cap of $460 million with the much larger $10 billion pool of funds available in the US to cover liability and provide compensation to the public in the event of a nuclear accident. Some legal experts are arguing that there is no place for a cap on liability under Indian law. Any such legislation would be vulnerable and open to challenge and could be easily struck down as a violation of the environmental jurisprudence established by India’s Supreme Court.

Will the bill really allow foreign companies to go scot-free?

A clause in the bill appears to allow the nuclear operator to have “a right to recourse” —which would mean the operator could seek assistance — when the nuclear incident has resulted from negligence on the part of a foreign supplier of a material, equipment or service. However, this would have to be reflected in written contracts between the Indian operator (the NPC, for now) and the foreign suppliers. Environmental groups are sceptical, and fear that this will not emerge in actual contracts.

How is the bill linked to the international nuclear liability regime?

The Convention on Supplementary Compensation under the International Atomic Energy Agency provides for an international fund to compensate for nuclear damage in the event of an accident. The convention envisages a two-tier system — the state will ensure availability of at least 300 million SDR, and an international fund for which all participating nations are obliged to contribute. Any country that plans to join will have to ensure its national legislation is consistent with the convention’s provisions. By enacting domestic legislation, India could join the convention and — should the event arise — also seek money from the much larger international fund, which could help India access an additional 300 million SDR.

How is nuclear liability covered in the US?

The Price-Anderson Act enacted in 1957 ensures the availability of a large pool of funds — about $10 billion — to provide compensation to people who incur damages from a nuclear accident — no matter who is liable.

Have nuclear liability claims been paid in the US?

The American Nuclear Society estimates that the nuclear insurance pools have paid a total of $151 million in the past 43 years. The US energy department has paid $65 million.

What kind of liability regimes do other countries have?

They vary from country to country. Belgium has set a liability amount of 300 million Euros, and the France 91.5 million Euros, and the UK £40 million. Germany has set unlimited liability though a financial security limit is set at about 2,500 million Euros. Japan also has unlimited liability, but a maximum financial security limit of 60 billion yen.





India's Sham Nuclear Liability Bill

By Toxic Watch



New Delhi: British Petroleum (BP) is facing a bill of up to $34 billion from the Gulf of Mexico oil spill disaster. After US senators demanded, the oil company deposited $20 billion (about Rs 92000 crores) into a ring-fenced account to meet escalating compensation costs but the way Indian legislators are agreeing to a Rs 1500 crore cap on nuclear disaster from large nuclear power plants, Rs 300 crore cap for institutions involved in reprocessing fuel and Rs 100 crore cap for small research reactors is unacceptable and condemnable.

Srikumar Banerjee, Chairman, Atomic Energy Commission and ex-officio Secretary, Department of Atomic Energy, one of the drafters of the Bill is guilty of ignoring the consequences of possible nuclear disaster because his text has privatized profits and made liabilities public. Mamohan Singh who is in-charge of Department of Atomic Energy appears to be guilty of dereliction of duty as well. The Report of the Parliamentary Standing Committee on Science & Technology, Environment & Forests chaired by T Subbirami Reddy reveals their culpability quite categorically. This report was tabled in the Rajya Sabha and Lok Sabha on 18th August, 2010. Report attached What else can explain their indifference towards other concerned ministries like health, agriculture, labour, water resources etc. Aren’t they relevant? What can explain the lack of consensus among the committee members even in matters of national interest?

India’s Civil Liability for Nuclear Damage Bill, 2010 is meant to pave the way for India to sign International Atomic Energy Agency (IAEA)’s Convention on Supplementary Compensation (CSC) for Nuclear Damage, 1997. The question that stares citizens in the face is: whether or not the proposed liability Bill and the pre-existing IAEA’s compensation treaty in the supreme interest of present and future generation of Indians? If India decides to join the CSC, it will be an exercise in surrendering its sovereignty to a conflict of interest ridden regime like IAEA which is both the promoter and regulator of nuclear commerce. Like IAEA, Indian the Atomic Energy Regulatory Board (AERB) is dependent on the Department of Atomic Energy (DAE) whose mandate is charged with promoting nuclear power in India.

The Parliamentary Committee enquired from Nirupama Rao , the Foreign Secretary that “whether there are other considerations apart from the legal requirements that necessitated the Bill.” She informed that “since the Government is operating within the ambit of international agreements and on the basis of certain principles the nation should have provisions of the nuclear liability Bill.”

This is further corroborated by two members of the Parliamentary Standing Committee namely, Saman Pathak and Barun Mukherji. Both have observed categorically that the provisions of the Bill will unduly favour the foreign suppliers of nuclear equipment and it is being done to make the provisions compatible with the Convention on Supplementary Compensation (CSC). Like all Indians both these members are not convinced with the rationale of India joining the CSC because this legislation on civil nuclear liability does not “keep the interests of the Indian people, who may be affected in a nuclear accident, as its core concern'.

In its 25 page report on Civil Liability for Nuclear Damage Bill, 2010, Parliamentary Standing Committee on Science & Technology, Environment & Forests observes, “When the Committee inquired from the Secretaries of Ministries/Departments of Government of India who appeared before the Committee as to whether the draft nuclear liability Bill was referred to them for their views/comments, some of them viz. Ministries of Health & Family Welfare, Agriculture, Labour & Employment, Food & Public Distribution, etc. replied in the negative. The Committee is of the opinion that Government must have sought the opinion of Ministries which are even distantly related to any provision of the legislation. The Committee, therefore, recommends that in future Government should consult all such Ministries/ Departments which are even remotely concerned with the provisions of a proposed legislation.”

It is noteworthy that the 25-member working group on civil nuclear energy-2009 constituted by the Federation of Indian Chambers of Commerce and Industry (FICCI) under the chairmanship of Dr S K Jain, chairman and managing director, Nuclear Power Corporation of India Limited came out with a 57-page report with the format of the proposed Civil Liability for Nuclear Damage Bill. Dr Jain was present during the testimony of the experts and citizens to the Parliamentary Standing Committee on Science & Technology, Environment & Forests. The government of India has an ambitious target "to increase our installed capacity more than seven fold to 35,000 MWe by the year 2022, and to 60,000 MWe by 2032." Established in pre-independent India in 1927, FICCI is the largest and oldest apex business organization of the country. It claims to be a “non-government, not-for-profit organisation”. FICCI has direct membership from the private as well as public sectors, including SMEs and MNCs, and an indirect membership of over 83,000 companies from regional chambers of commerce. As part of its corporate lobbying, “FICCI works closely with the government on policy issues, enhancing efficiency, competitiveness and expanding business opportunities for industry through a range of specialised services and global linkages. It also provides a platform for sector specific consensus building and networking.” In such conflict of interest ridden circumstances, Dr Jain claimed that the health hazards from Chernobyl nuclear disaster is no more visible. Therefore, he implied that the questions of intergenerational adverse effects do not arise. Are his claims factual and trustworthy?

Under the influence of FICCI and US nuclear industry, Dr.T. Subbarami Reddy, Dr Mammohan Singh and Dr Srikumar Banerjee have chosen not learn from the mistakes of US firms who embarked on a nuclear power strategy under the assumption that the radioactive waste management problem was not difficult and would be solved relatively quickly. Subsequent events have proved otherwise because radioactive waste management efforts are quite different from industrial and municipal waste management.

Observations of G K Pillai, Secretary, Ministry of Home Affairs illustrate how Banerjee has not been rigorous in the drafting of the Bill. While commenting on the conditions in which the operator of a nuclear power plant, who could be made liable for nuclear damage, Pillai stated that the Bill contains such terms as armed conflict, hostilities, civil war, insurrection or an act of terrorism that have wide meanings but have not been defined in the present Bill. Therefore there is a need for inserting meanings of these terms from other laws, in Section 2 of this Bill. Such vagueness in connotations can make the operators negligent in observing security procedures and can create situations of disputes between the operator and the central government.

It is frightening to know that any nuclear incident may induce radioactive contaminations in surface, ground water bodies, and other water resources. U N Panjiar, the Secretary, Water resources was of the opinion that the Ministry does not have any facility for testing water quality, from point of view of nuclear contamination because this work has been done by the Department of Atomic Energy. The efficiency of Department of Atomic Energy gets routinely revealed in issues ranging from radioactive steel, ship breaking industry, Mayapuri scrap market, Kaiga incident etc. Didn’t AERB reveal its incompetence when it declared Mayapuri scrap market radiation free when it was proven later that the radiation still existed in the area? Didn’t it do the same after inspecting the obsolete ship Blue Lady?

While Secretary, Department of Atomic Energy responded by saying that Ministry of Water Resources has not been involved in checking and monitoring the quality of water because this job is done by the Environmental Survey Laboratories of the Department of Atomic Energy, the fact remains the Bill should have been sent to the Water Resources Ministry as well because Department of Atomic Energy deals with point source of radioactive pollution and not with non-point source of pollution. It is saddening that Ministry of Water Resources conceded that since expertise is available in DAE alone, the Ministry need not be consulted. Panjiar rightly stressed upon the need to study the impact of nuclear contaminated water on human beings, animals, plants and crops. The Bill does not make any provision for such efforts. In such a context it is germane to recollect that more than 51 years ago, on 28 May 1959, the World Health Organisation (WHO)'s assembly voted into force an agreement with the IAEA, a UN agency that prevented the WHO from investigating, warning and revealing the dangers of nuclear radiation on health. The agreement is attached.

Coincidentally, K Sujata Rao, Secretary, Ministry of Health and Family Welfare while deposing before the Parliamentary Standing Committee on Science & Technology, Environment & Forests mentioned that “while drafting the Bill the Dept. of Atomic Energy did not consult them. Since the response system to deal with any kind of emergency of such type, the hospitals are not well-equipped, it is natural that mortality and morbidity due to multiple burn, blasts, radiation injuries and psycho-social impact could be on very high scale and medical tackling of such a large emergency could have enough repercussions in the nearby areas of radioactive fallout. She also mentioned that in the entire Bill, there is not a single clause which speaks about taking health care during radiological emergencies. It reflects only about payment of compensation due to health impacts of such radiation. She suggested while setting up nuclear plants consideration may also be given to the fact that there should be hospital having trained doctors near such establishments and arrangements should also be made for free treatment of people who are affected by serious nuclear fallout.” She confessed that her Ministry is nowhere to meet an eventuality that may arise out of nuclear and radiological emergencies. Present and future generation of India would slaute Sujatha Rao for her exemplary conduct to safeguard her compatriots.

Clearly, objectives of Health Ministry and Department of Atomic Energy are at loggerheads in the same way as objectives of WHO and IAEA are. The former is dedicated to promoting health and the latter exists to promote nuclear commerce. Under the agreement between WHO and IAEA, the two agencies must "keep each other fully informed concerning all projected activities and all programs of work which may be of interest to both parties". Notably, probe into the health impacts of the Chernobyl nuclear accident in Ukraine on 26 April 1986 was taken over by IAEA and dissenting voices were suppressed. The health effects of the nuclear accident were the subject of two major conferences, in Geneva in 1995, and in Kiev, Ukrain in 2001. The full proceedings of those conferences remain unpublished. The programme and conclusions of the Kiev Conference is attached. The Kiev conference was organised by WHO Association of "Physicians of Chernobyl" in co-operation with UN agencies. There is no evidence to suggest that our Department of Atomic Energy or the Parliamentary Standing Committee had accessed the documents of these conferences and drew lessons from it.

IAEA’s International Conference on Chernobyl - Looking Back to Go Forwards Towards a United Nations Consensus on the Effects of the Accident and the Future, Vienna, September, 2005 was a public relations exercise by the nuclear industry that promoted such risk models for nuclear radiation that understated the true hazards. Chris Busby, the scientific secretary of European Committee on Radiation Risk (ECRR) and visiting professor at the University of Ulster's school of biomedical sciences observes, "The subordination of the WHO to IAEA is a key part of the systematic falsification of nuclear risk which has been under way ever since Hiroshima, the agreement creates an unacceptable conflict of interest in which the UN organisation concerned with promoting our health has been made subservient to those whose main interest is the expansion of nuclear power. Dissolving the WHO-IAEA agreement is a necessary first step to restoring the WHO's independence to research the true health impacts of ionising radiation and publish its findings."

Disregarding lessons from 26 years of Bhopal disaster, even in the 24th anniversary year of the Chernobyl disaster the WHO-IAEA Agreement is yet to be abandoned. ECRR has called for its abandonment. India too should call for freeing WHO from hiding facts about health effect from nuclear hazards due to the agreement.

Amidst public relations blitzkrieg of nuclear companies, it is not surprising that Banerjee, Secretary, Department of Atomic Energy expressed his touching faith in the nuclear power companies of all ilk and informed the Parliamentary Committee that the “Reactor at Chernobyl did not have a containment, while old reactors in India have containments and, therefore, Chernobyl type incident can never take place in India.” Is it because of such divine belief in the nuclear technology that he was starkly negligent in choosing not to consult revenant ministries while drafting the Bill? Is it for this very reason that doctrine of “absolute liability” for the operator, supplier, builder and owner has been subverted? Business enterprises are “strictly and absolutely liable to compensate all those who are affected by the accident and such liability is not subject to any of the exceptions which operate vis-à-vis the tortuous principle of strict liability,” as per Supreme Court’s order. The liability of the operator should be made “absolute” to ensure that there are no exceptions.

The Bill ignores the fact that Union Carbide Corporation was also in the business of nuclear power and its current owner The Dow Chemicals Company (since February 6, 2001) too offers a range of nuclear grade resins that are designed and manufactured to meet the requirements of the nuclear power industry. As part of its ‘policy perspectives’ for ‘Accelerate Development of Alternatives and Renewable Energy’, Dow calls for “An increased reliance on safe nuclear power and technologies for effectively managing nuclear waste”. Radioactive waste is not a single "thing" that can be isolated and dealt with.

Reddy, Singh and Banerjee should have recommended more openness, increased public access to information so that no agency hides problems to be solved by the future generations. Current draft of the Bill is leaving the nuclear waste problems for future generations.

This is illustrated by what Alka Sirohi, Secretary, Department of Food & Public Distribution informed the Parliamentary Standing Committee , while explaining the functioning of her Ministry, she emphasized the ill-effects of nuclear radiation on food items and its subsequent repercussions on human health and safeguards to be taken to prevent nuclear contamination of food during radiological accidents. She further mentioned although radiological damage to food items may fall within the generic definition of the property as mentioned in Clause 2f (ii) of the Bill, it would be better if the said Clause could provide a separate definition food grains along with of storage of foodgrains. Additionally she also mentioned that safety norms, distance, location and operating procedure, which should be defined in the Bill during the construction of the warehouses for foodgrains storage to be followed, near a nuclear facility. She also mentioned about the establishment of laboratories for the standard testing of food articles to ascertain radiation levels. Sirohi merits appreciation for her considered submission before the Parliamentary Standing Committee.

The Bill remains silent on the grave issues raised by Prabeer Kumar Basu, Secretary, Agriculture who mentioned before the Committee that the disaster management structure in the country is oriented in such a manner that emergencies arising out of floods, earthquakes and droughts could be managed in an efficient manner. However, on the other hand, unfortunately the disaster management structure in the country, as per his opinion, is not well tailored in meeting radiological fall out and more unfortunate to mention that even educated section of the people is not well aware about the implications of a serious nuclear disaster. He therefore, felt that more public awareness needs to be built in respect of nuclear disaster and its hair-raising impact on biological population. He further pointed out that as a consequence of a nuclear disaster of the Chernobyl type, it is quite possible that agricultural crops around 30 to 100 kms. from the site of the incident could be wiped out total. This may affect seriously the biodiversity of the crops in the radiation area and the farmer may loose their traditional variety of crops. In this connection he mentioned that the National Bureau of Plant Genetic Resources and Gene Bank in the country who are keeping a sample of each variety of crops can preserve these varieties which could be planted for further production if a variety of crops is entirely lost due to radiological emergency. He however, mentioned that there should be suitable rules, regulations and guidelines and compensation model for agricultural damage that could be inserted at an appropriate place in the legislation which may work after a radiological eventuality takes place.

Further revealing the criminal negligence of the drafters of the Bill, Prabhat C Chatirvedi, Secretary, Ministry of Labour and Employment while referring to Clause 5 (1)(i) which provides for non-liability of operator for any nuclear damage arising out of a grave natural disaster of an exceptional character pointed out that grave natural disaster should not include earthquakes or floods. He advised the Committee that if nuclear plant is placed in a seismic zone, it should be properly designed to withstand earthquake of severe character. The word natural disaster is too general. He further mentioned that concept of absolute liability of the operator in case of a nuclear damage whether it is on worker or someone else should be invoked in the Bill. The Secretary, while referring to Clause 39 (1) of the Bill, drew the attention of the Committee that no specific monetary quantum has been mentioned in regard to the fine to be imposed under the chapter on offenses and penalties. He therefore, suggested that specific quantum of fine in monetary terms should be defined in the Bill. Chaturvedi merits plaudits for his considered submission before the committee.

In compliance of the suggestion of Chairperson, Parliamentary Standing Committee Science & Technology, Environment & Forests during my testimony on 3rd August, 2010 and pursuant to my written submission dated 7th July, 2010, Toxicswatch Alliance (TWA) had specifically drawn the attention of the Parliamentary Standing Committee with regard to the narrow definition of the word “installation” and conflict of interest ridden existence of Atomic Energy Regulatory Board (AERB). In a letter to the Parliamentary Standing Committee dated August 12, 2010, TWA has highlighted the backdrop of the deliberations on Civil Liability for Nuclear Damage Bill. Meera Shankar, Indian Ambassador to the US, and William Burns , the Under Secretary of State for Political Affairs of the United States signed the Agreement on Arrangements and Procedures for Reprocessing on July 30, 2010 in pursuance to Article 6(iii) of the Agreement for Cooperation concerning Peaceful Uses of Nuclear Energy between India and the US. TWA has questioned the merit of centralised power stations like nuclear given 35-40 percent transmission and distribution loss from power grids.

R.Gopalan, Secretary, Financial Services submitted before the Parliamentary Committee that “any increase in premium of insurance will lead to increase in the cost of production of electricity for nuclear power. It is argued that higher the liability limit higher will be the insurance premium and subsequently higher will be the cost of electricity production.” Unmindful of such concerns its business as usual for the US nuclear companies and FICCI. A press release from the Indian Embassy in Washington, DC noted, "The historic bilateral cooperation agreement for peaceful uses of nuclear energy, the 123 Agreement that we signed two years back provided for reprocessing of US obligated nuclear material in an Indian national facility under IAEA safeguards."

It observes, "The government of India has already designated two sites for nuclear power plants to be established in cooperation with the US and the companies of the two countries are now engaged in discussions" as a follow up of the last month's Strategic Dialogue and the meeting of the CEO's Forum prior to the visit of President Barack Obama to India in November 2010.

Reddy, Dr Singh and Banerjee have failed to discourage nuclear power companies to locate "sinks" like deep waters of ocean, sea, rivers, air and landfills etc in which it could dump, flush, or vent radioactive waste products. They have skirted the issue of India’s radioactive waste management and it should desist from NIMBY-ism. NIMBY stands for "Not In My Back Yard". The US state of Nevada is fighting a classic NIMBY battle against the Yucca Mountain facility. In India too communities should be empowered and not harassed for asserting their right to safe environment and the rights of future generations. It was once argued that reprocessing spent nuclear fuel was another important waste management strategy although the act of reprocessing still generated volatile waste products which exacerbated the waste management problem even as it reduced the overall volume of radioactive waste material but it only made radioactive waste problem a long-term disposal option. Notably, US itself has stopped reprocessing nuclear fuel during the late 1970s by order of President Jimmy Carter.

Reddy, Singh and Banerjee do not realize that the difficulties with radioactive waste cannot be dealt with by imposing a legislative fix on a problem that has not been clearly defined or fully understood. Such legislative fixes are hardly a solution as became evident from US Nuclear Waste Repository Act of 1982 and a 1987 Congressional amendment to the Act which mandated consideration of only one location, Nevada's Yucca Mountain as a permanent repository leading to major litigation as well as significant opposition from people in the US state of Nevada. Nuclear power cannot and should not expand in India as is the case with the US until the problem of where to dispose of radioactive waste is solved.

P Umashankar, Secretary, Ministry of Power apprised the Committee about the Clause 3 of the Bill, wherein the notification regarding the occurrence of a nuclear incident is to be issued within 15 days by the AERB. According to him, “the nuclear power station incharge/ director will immediately declare nuclear emergency, and forthwith the disaster management plan will start, without waiting for the publication of the notification and the 15 days time-period also needs to be reduced. “ This is quite sensible but it appears that Department of Atomic Energy did not consult even the Power Ministry.

Testimony after testimony before the Committee had asked for deletion of the word terrorism from the Bill but the same is not reflected in the Committee’ s report despite the fact that Pradeep Kumar, the Defence Secretary, who also appeared before the Committee categorically stated, “under different layers of protection, nuclear assets including nuclear installations are being protected through Defence. However he admitted that absolute and fool proof protection cannot be guaranteed for any nuclear or other assets in the country during peace or war.” Exceptions for acts of terrorism can easily be used by the supplier and the operator to wash their hands off any nuclear disaster.

In view of the above observations, there is a very urgent need for a Joint Parliamentary Committee (sans conflict of interest) to probe and examine the current liability regime in general and nuclear liability regime in particular in the developed countries besides a High Powered Trans-disciplinary Independent Experts Committee to study the status of adverse enviro-occupational hazards world over. Human cost of industrial disasters have created a compelling logic to do away with the idea of limited liability to companies, the proposed Companies Bill should make a beginning in order to make these legal-artificial persons accountable to our legislature.





Shame! India sold its dead cheap
Shobhan Saxena,

Around 22,000 dead. More than 1,20,000 injured.  Rs 1 lakh for each
body. Rs 25,000 for every poisoned lung and damaged heart and blinded
eyes. 26 years of long wait. And just 2 years in jail for the men who
committed the worst crime against the people of this country. And this
mockery of justice after such a long wait. Twenty six years after 40
tonnes of lethal gas seeped into the lungs of Bhopal, families of some
17,000 men, women and children are still waiting for the so-called
compensation. Thousands more are still waiting to be accepted as
victims. People of Bhopal are still drinking toxic water poisoned by
Union Carbide in December 1984. And the main culprit is living life
kingsize in a mansion in New York.

No country sells its people so cheap.
No country sells its poor so cheap.
No country sells its dead so cheap.

Today – on the day of Bhopal disaster judgment -- if there is a failed
state in the world, it’s India. It’s not Iraq. It’s not Somalia. It’s
not Sudan. It’s India.

India – its government, judiciary and corporates – accepted the
ridiculous amount of $450 million dollars for the people killed and
maimed by methyl isocyanate leaked from the Union Carbide factory in
the heart of Bhopal three decades ago. In all these years, the poor
victims have done everything they could to get justice and
compensation. They have cried and died on streets, sat hungry and
faced police lathis on roads and filed court cases in the hope that
one day they will get justice.

Today, they were denied justice. Today, they were told that they
should be happy with the peanuts thrown at them by Union Carbide.
Today, India proved once again that it doesn’t care for its poor.
Today, it was proved all over again that those who do politics in the
name of poor in this country, always rule for the rich.

What justification does CBI have for not being able to produce Warren
Anderson in court. The chairman of UC at the time of the gas attack
(it was not an accident, the gas leak was caused because of cost-
cutting steps taken by him) on the people of Bhopal, Anderson was
arrested and later released on bail. He ran off to US in 1986 and we
have not been able to find him or ask the US to extradite Anderson to
India. Why? The government says it doesn’t know where Anderson is.
What a lie. What a shame.

Last year, on a balmy July day, a bunch of victims danced on the
streets after hearing news that the Chief Judicial Magistrate of
Bhopal had ordered the CBI to arrest Anderson and produce him before
the court without delay. The court also asked the CBI to explain what
steps it had taken since 2002 to enforce the warrant and extradition
of Anderson, who was declared an absconder in 1992. Though the CBI and
US government failed to track Anderson, supporters of Bhopal victims
traced him to the elite New York neighbourhood of the Hamptons. In
2003, Greenpeace activists paid Anderson a visit at his home and
handed him an arrest warrant.

Today’s ridiculous judgment in Bhopal didn’t say anything on Anderson
as he is a “proclaimed offender”. This status suits him fine because
he doesn’t have to bother about coming to India and answer some very
crucial questions:

 *Why did Union Carbide not apply the same safety standards at its
plant in India as it operated at a sister plant in West Virginia, US?

*On the night of the disaster, why did the six safety measures
designed to prevent a gas leak fail to function?

*Why was the safety siren, intended to alert the people living close
to the factory, turned off?

The victims have always alleged that Bhopal happened because of
negligence by the Union Carbide and that was caused by cost-cutting
measures taken by Anderson. Is it because of this reason that Anderson
has been 'hiding' in the US?

A criminal has a reason to hide, but what reason does our government
have to let a mass murderer like Anderson go scot-free. Is it because
he is an American? Can an American come to India kill people in this
country and run away with no consequences? That seems to be the case.
We are still struggling to get a chance to question David Headley
Coleman, an American citizen responsible for the worst terror attack
on an Indian city in 2008. Will we succeed in getting Headley
extradited to India? No way. Never.

Today, India proved that it doesn’t really care for its people,
particularly if they have been slaughtered by powerful people from the
most powerful nation in the world. Instead of taking on America and
fighting for justice for its poor, India is more than happy to sell
its dead cheap.

Rs 1 lakh for every body. Rs 25,000 for every blinded eye. This is the
cost of poor life in a failed state.







 WHY MULTINATIONAL COMPANIES ARE INVESTING IN INDIA?


We condemn the brutal massacre by police on farmers – who are going to loss all their lands , sources.of livelihood for the sake of special economic zones , industrial parks , etc in various states of India.

In every mega projects undertaken by government , both the state government & central government have functioned  like  REAL ESTATE / COMMISSION  AGENTS for the rich & mighty . the government says it is acquiring lands for development of industries , for public good. In reality there is only good of rich & mighty.

For forming S.E.Zs , corporates gets speedy single window approvals from government , lands at concessional rates – lower than market value  , soft loans from Indian banks , tax exemptions for years from the government , dedicated power supply , etc , from the government . these corporates are even given free hand to raise share capital in the Indian market. the government has enacted flexible labour laws specifically for S.E.Zs , they can hire & fire without bothering to pay gratuity , etc and they are exempted from providing P.F / E.S.I  coverage to their employees ie they need not worry about the occupational health hazards of their employees , they can employ them till they are fit & throw them on streets afterwards. These corporates take our own money,  employ our own people , use our own natural resources & finally  take away the net profits to their home countries  – what they give back ? – environmental pollution , tax evasions , low paid occupational hazardous jobs to locals , stock market scams .


During Previous License Regime foreign, investment was not directly welcome in India. As people at that time perceived it as “Neo colonisation” & detested it. There were various restrictions on foreign investments. The local industrialists under monopolistic
environment thrived, who were no way better than day light robberers, of course with a few exception. Under the political patronage, the cunning industrialists looted public money, cheated the government of tax, cheated lending banks & cheated the investors
too. They easily flouted labour laws & made labourers to work in inhuman conditions.

During 1990′s under the international pressure India signed GATT & slowly started opening it’s economy. Now, from 01/01/05 even product patent has come into force in India. Are MNCs bringing high technology intensive industries to India? No, not at all. They are actually denying sophisticated technologies to India. They are only
bringing the FMCG industries – salt, chips, ketch-up, colas, for which India is a huge home market. They are into services like Hotels, medical care, marketing. In other cases, they are just marketing the products manufactured at their bases in U.S.A. or Europe.

They are not bringing in new production technologies in the areas like space research, nuclear energy, bio-technology, pharmaceuticals or pollution control, to India. Also, some MNCs are relocating their highly polluting industries to India, as they are subjected to stringent environmental protection standards in their own home countries. Whereas, In India the Government is highly corrupt & can be bought for a price. The attractive points for foreign direct investment (FDI) in India are,


1. There is lack of comprehensive environmental norms.


2. The enforcement of environmental norms is lax.


3. The cost of health coverage, social security net to be provided to the workers exposed to the occupational hazards is less.


4. The cost of compensation to be paid to the persons-who died or suffered damages due to occupational hazards/environmental pollution is meager.


5. The enforcement of labour laws are lax.


6. Public money can be easily raised through lending Banks, primary market within India & the public can be easily cheated.


7. The tax can be evaded through various loopholes like transferring money to holding companies situated at Mauritius or countries which have double taxation avoidance agreement with India.


8. The tax can be evaded, company money can be cheated by lending money to sister / holding concerns at low interest rates or by selling shares, materials to their private companies at low rates or by buying shares, materials from their holding/sister concerns at exhorbitant rates, etc.


9. The corporate governance laws are almost absent in India & it’s enforcement nil.


10. Above all, the time can be bought by very slow Indian legal system, if any dispute arise.


11. On top of it, well trained, technically qualified people are available at low rates through contractors.

Just consider the following cases which highlight the apathy, irresponsibility of  government of India and emboldened the cunning, MNCs:-

1. The India which boasts of so much scientific/technological advancements, is till date has been unable to provide potable water to it’s people. People of west Bengal , Karnataka , Andrapradesh states are forced to drink Arsenic, Fluoride poisoned water.


2. The people living near the mines of R.E.M.P. in Kerala are suffering due to exposure to the radio active materials, Same is the case with the people of Jadaguda, Jharkhand, living near the U.C.I.L. plant. Both M/S R.E.M.P & M/s U.C.I.L are department of atomic energy enterprises.


3. Most recently  Radio active materials were found  in second hand shop of delhi market , causing  death & grievous injuries to public. Few years back, In Mysore railway station containers of radio- active materials were left unattended. The dome of reactor building at construction stage collapsed in nuclear power plant at Kaiga. A fire tragedy occurred in Kakrapar nuclear power plant. In the recent Tsunami waves onslaught, certain important facilities of Koodakulam atomic plant were damaged near Chennai.


4. In 1984, U.S. based MNC union carbide mass murdered nearly 20,000 people, injured lakhs who are still suffering health problems. The polluted poisonous accident site i.e. Union carbide plant in Bhopal is not yet cleared off toxic materials even after 20 years.
This is still further damaging the residents of Bhopal.


5. In the above union carbide disaster, the Government of India didn’t present the case properly before supreme courts of India & U.S.A.. As a result the MNC just paid a pittance as compensation. As per that the cost of Indian lives are just a fraction of cost of
American lives. Just imagine if a same disaster occurred in U.S.A. at the plant of a MNC headquartered in India, what would have been the consequence?


6. In India, hazardous chemicals laced with food additives are passed through the drinks, beverages like pepsi, cola, coco cola very easily.


7. The medicines like nimesulide, paracetamol, etc. with hazardous side effects which are banned in U.S.A.& Europe, are easily marketed by the same U.S.& Europe based MNCs in India.


8. In India spurious drugs, medicines, food stuffs are easily marketed.


9. In India, the clinical trials of new medicines under research are done without proper compensation structure to those being tried upon ie. Virtual guinea pigs.


10. In India, the genetically engineered BT crops are being introduced without paying attention to formers, ecology or eco-system.


11. In India, during setting up of large projects, scant attention is paid to environment, eco-system & the displaced persons.


Most of the times, in government projects itself the displaced persons are cheated by the government in numerous ways.


12. In India, various Government as well as private hospitals dumps hospital wastes with deadly viruses in the open, with scant regard to public health.


13. In India, aged ships belonging to foreign countries are breaked down to scrap in ship breaking yards of Gujarath , Maharashtra & AP. Various toxins like the Asbestos, lead, etc & the hazardous, dirty water, Oil inside the ship are drained into Indian seashore. The labourers here are forced to work without any safety gears.


14. When specific cases of human rights violations were brought before the government & Judiciary by us , both of them didn’t respond at all.

All the above cases highlight the fact that, government of India & Indian judiciary treats it’s citizens lives as cheap, dispensable at will. This is the major attracting force for MNCs to India.


Severe accident risk at India’s fast breeder nuclear reactor
The safety inadequacies of India’s fast breeder reactor

Article Highlights
India’s Department of Atomic Energy plans to build a large fleet of fast breeder nuclear reactors in the coming years.
However, many other countries that have experimented with fast reactors have shut down their programs due to technical and safety difficulties.
The Indian prototype is similarly flawed, inadequately protected against the possibility of a severe accident.

India’s Department of Atomic Energy (DAE) is planning a large expansion of nuclear power, in which fast breeder reactors play an important role. Fast breeder reactors are attractive to the DAE because they produce (or "breed") more fissile material than they use. The breeder reactor is especially attractive in India, which hopes to develop a large domestic nuclear energy program even though it has primarily poor quality uranium ore that is expensive to mine.

Currently, only one fast reactor operates in the country—a small test reactor in Kalpakkam, a small township about 80 kilometers (almost 50 miles) south of Chennai. The construction of a larger prototype fast breeder reactor (PFBR) is underway at the same location. This reactor is expected to be completed in 2010 and will use mixed plutonium-uranium oxide as fuel in its core, with a blanket of depleted uranium oxide that will absorb neutrons and transmute into plutonium 239. Liquid sodium will be used to cool the core, which will produce 1,200 megawatts of thermal power and 500 megawatts of electricity. The reactor is to be the first of hundreds that the DAE envisions constructing throughout India by mid-century.

However, such an expansion of fast reactors, even if more modest than DAE projections, could adversely affect public health and safety. While all nuclear reactors are susceptible to catastrophic accidents, fast reactors pose a unique risk. In fast reactors, the core isn’t in its most reactive—or energy producing— configuration when operating normally. Therefore, an accident that rearranges the fuel in the core could lead to an increase in reaction rate and an increase in energy production. If this were to occur quickly, it could lead to a large, explosive energy release that might rupture the reactor vessel and disperse radioactive material into the environment.

Many of these reactors also have what is called a "positive coolant void coefficient," which means that if the coolant in the central part of the core were to heat up and form bubbles of sodium vapor, the reactivity—a measure of the neutron balance within the core, which determines the reactor’s tendency to change its power level (if it is positive, the power level rises)—would increase; therefore core melting could accelerate during an accident. (A positive coolant void coefficient, though not involving sodium, contributed to the runaway reaction increase during the April 1986 Chernobyl reactor accident.) In contrast, conventional light water reactors typically have a "negative coolant void coefficient" so that a loss of coolant reduces the core’s reactivity. The existing Indian fast breeder test reactor, with its much smaller core, doesn’t have a positive coolant void coefficient. Thus, the DAE doesn’t have real-world experience in handling the safety challenges that a large prototype reactor will pose.

More largely, international experience shows that fast breeder reactors aren’t ready for commercial use. Superphénix, the flagship of the French breeder program, remained inoperative for the majority of its 11-year lifetime until it was finally shuttered in 1996. Concerns about the adequacy of the design of the German fast breeder reactor led to it being contested by environmental groups and the local state government in the 1980s and ultimately to its cancellation in 1991. And the Japanese fast reactor Monju shut down in 1995 after a sodium coolant leak caused a fire and has yet to restart. Only China and Russia are still developing fast breeders. China, however, has yet to operate one, and the Russian BN-600 fast reactor has suffered repeated sodium leaks and fires.

When it comes to India’s prototype fast breeder reactor, two distinct questions must be asked: (1) Is there confidence about how an accident would propagate inside the core and how much energy it might release?; and (2) have PFBR design efforts been as strict as necessary, given the possibility that an accident would be difficult to contain and potentially harmful to the surrounding population?

The simple answer to both is no.

The DAE, like other fast-reactor developers, has tried to study how severe a core-disruptive accident would be and how much energy it would release. In the case of the PFBR, the DAE has argued that the worst-case core disruptive accident would release an explosive energy of 100 megajoules. This is questionable.

The DAE’s estimate is much smaller when compared with other fast reactors, especially when the much larger power capacity of the PFBR—and thus, the larger amount of fissile material used in the reactor—is taken into account. For example, it was estimated that the smaller German reactor (designed to produce 760 megawatts of thermal energy) would produce 370 megajoules in the event of a core-disruptive accident—much higher than the PFBR estimate. Other fast reactors around the world have similarly higher estimates for how much energy would be produced in such accidents.

The DAE’s estimate is based on two main assumptions: (1) that only part of the core will melt down and contribute to the accident; and (2) that only about 1 percent of the thermal energy released during the accident would be converted into mechanical energy that can damage the containment building and cause ejection of radioactive materials into the atmosphere.

Neither of these assumptions is justifiable. Britain’s Atomic Energy Authority has done experiments that suggest up to 4 percent of the thermal energy could be converted into mechanical energy. And the phenomena that might occur inside the reactor core during a severe accident are very complex, so there’s no way to stage a full-scale experiment to compare with the theoretical accident models that the reactor’s designers used in their estimates. In addition, important omissions in the DAE’s own safety studies make their analysis inadequately conservative. (Our independent estimates of the energy produced in a hypothetical PFBR core disruptive accident are presented in the Science and Global Security article, "Compromising Safety: Design Choices and Severe Accident Possibilities in India’s Prototype Fast Breeder Reactor" and these are much higher than the DAE’s estimates.)

Turning to the second question: In terms of the stringency of the DAE’s design effort, the record reveals inadequate safety precautions. One goal of any "defense-in-depth" design is to engineer barriers to withstand the most severe accident that’s considered plausible. Important among these barriers is the reactor’s containment building, the most visible structure from the outside of any nuclear plant. Compared to most other breeder reactors, and light water reactors for that matter, the design of the PFBR’s containment is relatively weak and won’t be able to contain an accident that releases a large amount of energy. The DAE knows how to build stronger containments—its newest heavy water reactor design has a containment building that is meant to withstand six times more pressure than the PFBR’s containment—but has chosen not to do so for the PFBR.

The other unsafe design choice is that of the reactor core. As mentioned earlier, the destabilizing positive coolant void coefficient in fast reactors is a problem because it increases the possibility that reactivity will escalate inside the core during an accident. It’s possible to decrease this effect by designing the reactor core so that fuel subassemblies are interspersed within the depleted uranium blanket, in what is termed a heterogeneous core. The U.S. Clinch River Breeder Reactor, which was eventually cancelled, was designed with a heterogeneous core, and Russia has considered a heterogeneous core for its planned BN-1600 reactor. The DAE hasn’t made such an effort, and the person who directed India’s fast breeder program during part of the design phase once argued that the emphasis on the coolant void coefficient was mistaken because a negative void coefficient could lead to dangerous situations in an accident as well. That might be true, but it misses the obvious point that the same potentially dangerous situations would be even more dangerous if the void coefficient within the core is positive.

Both of these design choices—a weak containment building and a reactor core with a large and positive void coefficient—are readily explainable: They lowered costs. Reducing the sodium coolant void coefficient would have increased the fissile material requirement of the reactor by 30-50 percent—an expensive component of the initial costs. Likewise, a stronger containment building would have cost more. All of this is motivated by the DAE’s assessment that "the capital cost of [fast breeder reactors] will remain the most important hurdle" to their rapid deployment.

Lowered electricity costs would normally be most welcome, but not with the increased risk of catastrophic accidents caused by poorly designed fast breeder reactors.



INDIA: Obama administration official supports corporate interests over victims of world's worst industrial disaster



Deputy National Security Advisor Froman reveals administration’s double standards on corporate accountability for victims of Bhopal Gas Disaster

At a time when the world is focused on corporate accountability in the wake of the BP's Gulf Oil Spill, a leaked email from the Obama administration shows that it values profit over people, when the profit benefits American corporations. The victims of the world’s worst industrial disaster were disappointed to see today that the White House is not pursuing the same levels of accountability from American Dow Chemical as it has from BP. When Dow purchased Union Carbide in 2001, the corporation acquired outstanding liability for the ongoing disaster in Bhopal, which has led to the deaths of an estimated 25,000 people in Bhopal, India following the 1984 Gas Disaster.

Today, Mumbai-based Times Now published an email chain between White House Deputy National Security Advisor Michael Froman, and Indian Deputy Chairman of the Planning Commission, Montek Singh Ahluwalia. In response to an Ahluwalia’s email requesting assistance as India faces a sharp restriction in the World Bank’s lending, Froman replied:

"We are aware of this issue and we will look into it. We are hearing a lot of noise about the Dow Chemical issue. I trust that you are monitoring it carefully. I am not familiar with all the details, but I think we want to avoid developments which put a chilling effect on our investment relationship."

Here Obama’s Deputy NSA apparently tied potential development aid to India with Dow Chemical’s liability in Bhopal. The White House denies any linkage between the IBRD lending and Dow’s ongoing lack of responsibility. Forman’s statement shows callous disregard for ongoing injustice and lack of accountability 26 years after the disaster. The survivor organizations in India, 5 of which have been protesting in Delhi this past month, have faced infringements on their basic rights, especially through discriminatory police abuse. A threatening statement from the Obama office could further repressive action from Indian Central Government of India.

Following months of safety cuts, on Dec 3, 1984 the Union Carbide pesticide plant in Bhopal leaked deadly gas containing Methyl isocyanate (MIC) over the city of Bhopal. In the immediate aftermath 8-12,000 people died. Currently the death toll has risen to approximately 25,000 people. Over 100,000 people are still too sick to work because of long-term health disability.

The Indian Government has been forced to address the Bhopal issue in the recent months following a June 7 verdict convicting the officials of Union Carbide's former Indian subsidiary on charges of criminal negligence. The charges and sentence, equivalent to a traffic violation, enraged the Indian public, as did the fact the Union Carbide and its former CEO Warren Anderson have refused to appear in court to face charges of culpable homicide. Bhopal survivors say that Dow Chemical should not be allowed to continue doing business in India until its subsidiary appears in court and cleans up the site of the disaster.

The International Campaign for Justice for Bhopal (ICJB) is a coalition led by four survivor organizations along with environmental, social justice, progressive Indian, and human rights groups around the world. ICJB works to hold the Indian Government and Dow Chemical Corporation (the current owner of Union Carbide) accountable for the ongoing chemical disaster in Bhopal, India. It was set up to address the grave injustices suffered by the half million Bhopal Gas Disaster survivors.






Fukushima Nuclear Accident: Sobering Reflections
By S.G.Vombatkere

13 March, 2011
Countercurrents.org

The tsunami-triggered accident in Fukushima (Japan) Daiichi plant's Unit 1 (operated by the Tokyo Electric Power Company, TEPCO) brings safety issues into question regarding the operation of nuclear power plants (NPPs). In the Daiichi NPP, the automatic shutting down of the reactor by stopping the controlled nuclear fission process, did occur as designed. However, the reactor did not cool down as fast as it was expected and required to do, and called for activating the emergency coolant pumps according to design. But there was no grid power due to a combination of earthquake and subsequent tsunami to operate the pumps. Also, because of flooding due to the tsunami, the dedicated standby generators could not provide power. The standby battery power (standby to the standby generator) was insufficient to operate the pumps at sufficient rate and duration, and so the (radioactive) steam generated due to overheating had to be vented to relieve the increasing pressure. This has put an unmeasured quantum of radioactive elements (radionucleides) into the atmosphere. But that too did not cool down the reactor sufficiently. It was then reported that sea water was being let into the reactor to cool it to prevent a meltdown. By this a further unmeasured amount of radioactive material would be discharged into the environment. The TEPCO website claims that “monitoring goes on around the clock year round” but at the bottom it says in red: “THIS SYSTEM IS CURRENTLY SHUTDOWN". All this detail is provided to show three things: One, that accidents in NPPs can and do occur for one or more of several reasons; Two, monitoring can fail, and even when it operates, the public is expected to unquestioningly accept the data provided by the NPP authorities as correct, due to official secrecy conditions. Thus, how much of nuclear radiation has already been discharged into the atmosphere and sea water from the Daiichi NPP and how much more will escape in the hours and days to come will never be known. Also, how much is being discharged from the other four affected NPPs is anybody's guess; Three, Unlike hydel or thermal power plants which can be shut down practically instantaneously, the nuclear fuel in NPPs requires cooling to prevent overheating even in normal conditions. Thus, NPPs always need independent power supply (from the grid or their own standby generators) in an emergency. That is, NPPs are not autonomous in respect of safety.
The Japanese nuclear engineers are making heroic efforts at immense personal risk to prevent a steam explosion (not a nuclear explosion) in the NPP. This is the point at which the design and construction standards of the concrete double containment structure of the nuclear reactor will have to withstand the explosion. This could trigger a partial or total meltdown of the reactor core, similar to what happened in USA in 1971 in the Three Mile Island NPP. (This put the US nuclear power industry into the doldrums until USA revived it by negotiating the nuclear deal with India in 2009). Japan has a reputation for good design and safety standards and good quality control and quality assurance in execution. It would be the fervent wish of every thinking person on the planet that the double containment will not fail and that the engineers will control the desperately delicate situation in the Daiichi NPP. Nobody is as yet even thinking of the costs of containing the accident and the subsequent nuclear clean-up.
But let us now cut to the nuclear situation in India. The issue of Indian design and construction quality standards stands naked when we note that the concrete containment dome of the Kaiga (Karnataka) NPP collapsed when under construction, and had to be rebuilt. It has not been revealed whether it was a failure of design or execution quality. It is not possible to obtain reliable information regarding the operation, safety standards and performance or other cost, constructional or operational aspects of any NPP because of the following reasons: One, Section 18 (Restriction on disclosure of information) and Section 24 (Offences and penalties) of the draconian Indian Atomic Energy Act 1962, do not permit anybody to even ask questions about NPPs, Two, nobody except the nuclear industry is permitted to conduct tests for radioactivity even outside the perimeter of any NPP, Three, the Environment Protection Act 1986, does not apply to NPPs, Four, the safety and monitoring agency (AERB) is not an independent agency and the public has to accept whatever health and safety information is released by the NPP or the AERB, Five, the budget of the DAE is not placed even before Parliament and the power generation and efficiency figures are not available even to the Central Electricity Authority (CEA). In short, the Indian nuclear industry is a closed door to the rest of India, and this can be at the cost of public safety and health.
Further, in the event of a nuclear accident, Government of India (GoI) has sought to cap or limit the liability of operators or suppliers of nuclear hardware and technology to assure profits to the US nuclear industry. In simpler language, this means that the real financial cost of post-accident nuclear clean-up and repair would be borne by India, as the liability of the suppliers would be limited to the cap amount, while the real costs of health and livelihood would be borne by the people.
In view of the secrecy and the poor standards of construction even in the nuclear industry, the conflicting parameters of safety, operational cost and radioactive emissions of any NPP leave the public to guess when one of India's NPPs may suffer a serious accident, and whether we will be able to handle the disaster effectively and efficiently. Indian nuclear engineers are second to none, thus the issue of safety in India's nuclear establishment is institutional. The secrecy, intransparency, unaccountability and self-certification of the nuclear industry makes one doubt whether we will be able to prevent serious emergency or handle it effectively should it happen.
This also raises questions about the advisability of going for mega NPPs such as planned in Jaitapur, Maharashtra. This is quite apart from the fact of enormous resistance to its construction from local people on the grounds of livelihood and environment. Let us hope that the Indian nuclear establishment would never need to handle a serious accident of the type of Three Mile Island or Chernobyl or Fukushima.
S.G.Vombatkere holds a PhD in civil structural dynamics from I.I.T, Madras, and has extensive structural design and project execution experience.
E-mail: sg9kere@live.com 




Children crippled by India's uranium waste
The Guardian - Asia Pacific - 23Aug


An Observer investigation has discovered a link between Indian electricity stations and physical and mental abnormalities

Hundreds of children in the Punjab have been contaminated with uranium in a pollution scandal with implications that could extend far beyond the borders of India.

Scientists and health workers have sounded the alarm after being confronted with a dramatic rise in birth defects, physical and mental abnormalities, and cancers in the Indian state. A subsequent Observer investigation has uncovered evidence linking the contamination to ash from the region's coal-fired power stations. Tests on children born in areas around the power stations have revealed that many have high levels of uranium in their bodies.

The metal is concentrated in the fly ash produced when coal is burned. Tests on ground water around the plants show levels of uranium up to 15 times the World Health Organisation's maximum safe limits.

The revelations coincide with the publication of a report by the Russian Academy of Sciences' Thermal Engineering journal that warns of an increased radiation hazard to people living near coal-fired thermal power stations.

Staff at two clinics around the Punjabi city of Bathinda â€" where there are two coal-fired thermal plants â€" have reported alarming numbers of admissions of severely handicapped children. Children were born with enlarged or small heads, short arms and legs, cerebral palsy, Down's syndrome and other complications. A German laboratory that tested samples taken from the children found massive levels of uranium in their bodies â€" in one case more than 60 times the maximum safe limit.

Studies of ground water suggest that while the uranium contamination is heaviest around the power plants, it extends across large parts of the state, which is home to 24 million people. The Indian government is committed to an expansion of thermal plants in Punjab and other states. Around the world, many other countries are planning to build new coal-fired power plants, including China, Russia, India, Germany and the United States. In the UK, there are plans for a coal-fired station at the Kingsnorth facility in Kent.

The children are being treated at the Baba Farid centres for special children in Bathinda and nearby Faridkot. Dr Pritpal Singh, who is in charge of the Faridkot clinic, said the number of children affected had risen dramatically in the past six or seven years and claimed the authorities were determined to bury the scandal. "They can't just detoxify these kids, they have to detoxify the whole Punjab. That is the reason for their reluctance," he said.

"They threatened us and said if we didn't stop commenting on what's happening they would close our clinic. But I decided that if I kept silent it would go on for years and no one would do anything about it. If I keep silent then the next day it will be my child. The children are dying in front of me."

Dr Carin Smit, a South African clinical metal toxicologist who arranged for the tests to be carried out, said the situation could not be ignored. "There is evidence of harm for these children in my care and … it is an imperative that their bodies be cleaned up and their metabolism be supported to deal with such a devastating presence of radioactive material," she said.

"If the contamination is as widespread as it would appear to be â€" as far west as Muktsar on Pakistan's border, and as far east as spreading into the foothills of Himachal Pradesh â€" then millions are at high risk and every new baby born to a contaminated mother is at risk."

A team of scientists from India's Department of Atomic Energy visited the area and reported that while the concentration of uranium in drinking water was "slightly high", there was "nothing to worry about", although some of their tests recorded levels of uranium as high as 224micrograms per litre (mcg/l) â€" 15 times higher than the safe level of 15mcg/l recommended by the World Health Organisation. The US Environmental Protection Agency sets a maximum safe level of 20mcg/l. Scientists in Punjab who have studied the presence of uranium in the state have dismissed the government's denials as a whitewash.

Dr Chander Parkash and Dr Surinder Singh, both from Amritsar's Guru Nanak Dev University, said it was clear that uranium was present in large quantities in the ground water and should be investigated further.

In the Faridkot centre last week, 15-year-old Harmanbir Kaur's test results came back and showed she had 10 times the safe limit in her body. Her brother, Naunihal Singh, six, had double the safe levels.

Harmanbir was born in Muktsar, 40km from Faridkot. Her mother, Kulbir Kaur, 37, has watched her child slowly degenerate from a healthy baby into the very ill girl she is today â€" dribbling constantly, unable to feed herself and lost in a world of her own.

"God knows what sin I have committed. When we go to our village people say there is a curse of God on you, but I don't believe so," she said. "Every part of this area is affected. We never imagined that there would be uranium in our kids."

A few miles down the road in Bathinda, Sukhminder Singh, a 48-year-old farmer, watched his son Kulwinder, 13, staring into space while curling his hands under his chin. The tests showed that Kulwinder had 19 times the maximum safe level of uranium in his body. He has cerebral palsy and has already had seven operations to unbend his arms and legs. He is furious that the government has ignored the evidence of a serious health risk to children in the Punjab.

"The government should investigate it because if our child is affected it will also affect future generations," he said. "What are they waiting for? How many children do they want to be affected? Another generation?"

Doni Choudhary, aged 15 months, is waiting to be tested, although staff say he shows similar symptoms to children whose results have revealed dangerous levels of uranium, and he is already being treated for suspected uranium poisoning. His mother, Neelum, 22, from the state capital, Chandigarh, says he was born with hydrocephaly â€" water on the brain. His legs are useless.

"He is dependent on others. After me, who can care for him?" Neelum says. "He tries to speak but he can't express himself and my heart cries. When will he understand that his legs don't work? What will he feel?"

Some scientists have also proposed that ground water may have been contaminated by contact with granite lying deep below the thick alluvial deposits that form the Punjab plains, although the parents of most of the children affected say they take their water from the mains supply, which comes from other sources.

Meanwhile, smoke continues to pour from Faridkot's power station chimneys and lorries shuttle backwards and forwards, taking away the fly ash to be mixed into cement at the Ambuja factory next to the Bathinda power plant.

Inside the plant last week, there was ash everywhere, forming drifts, clinging to the skin, getting into the throat. In the main hall, the LED display showed the four generators are churning out 107 megawatts of electricity.

Ravindra Singh, the plant's security officer, said that most of the ash went to the cement works, while the rest was dumped in ash ponds. The first coal-fired power station in Punjab was commissioned in Bathinda in 1974. It was followed by another in nearby Lehra Mohabbat in 1998. There is a third to the east, at Ropar.

Tests on ground water in villages in Bathinda district found the highest average concentration of uranium â€" 57mcg/l, three times the EPA's safe limit â€" in the town of Bhucho Mandi, a short distance from the Lehra Mohabbat ash pond. This level of uranium means the lifetime cancer risk in the village is more than 150 times that of the normal population


JAITAPUR NUCLEAR PLANT  -  IMPACT

A Tata Institute of Social Sciences (TISS) report has criticised the location of the Jaitapur nuclear power plant in the Ratnagiri district of Maharashtra as sitting on an earthquake zone even as the state government plans to hold a public discussion to clear the air for the proposed reactor. Chief Minister Prithviraj Chavan plans to rope in atomic energy experts and representatives of the Nuclear Power Corporation of India Limited (NPCIL), which will set up the project in collaboration with Areva, a French company, to dispel the “misinformation” created by activists at a public discussion in January. The project will have six 1650 MW reactors to be commissioned in a phased manner from 2018.

An impact assessment report by the Tata Institute of Social Sciences (TISS) has strongly criticised the nuclear power plant being proposed at Jaitapur in the Konkan region.

The report has indicated that the project - which requires about 968 hectares of land panning five villages - will have a huge negative impact on the social as well as environmental development of not just these villages and the surrounding areas, but also on the Konkan region in general.

The findings suggest that the government subverted facts and called fertile agricultural land barren. It also says that the Jaitapur project is sitting on a high to moderate severity earthquake zone.

The Jaitapur nuclear power complex is located in the ecologically sensitive coastal Maharashtra region which includes Raigad, Sindhudurg and Ratnagiri districts. Nuclear Power Corporation of India is building the 9900 megawatt power plant - said to be the world's largest - in collaboration with French nuclear designing firm Areva. Last month, the Union Environment Ministry gave a conditional go-ahead to the plant. However, it is facing staunch opposition from the locals who fear environmental degradation in the fragile Konkan area.


Maharashtra Congress team heads to Jaitapur

As farmers' protests boil over in Ratnagiri threatening to delay the Jaitapur nuclear power plant, a concerned Maharashtra government dispatched a Congress team to review the situation.

"A Congress committee is going to Jaitapur. The committee will talk to locals and fishermen there. We will listen to their views and problems," Maharashtra Congress chief Manikrao Thakre said.

Despite the Environment Ministry's conditional go-ahead to the plant, protests refuse to die down.

"People who have faced the effects of a nuclear power project in their vicinity told us that this is a devastating project. They said that our next generation will have nothing to live and survive on. We will lose our paddy fields, our plantations and orchards and we will die of hunger," said Umakant Kambli, a resident of Madban village, Ratnagiri.

"We will die but won't let this project come up," said Manda Laxman Wadekar, former Sarpanch.

There is a sense of mistrust against the government. People here say they were not taken into confidence regarding the project, their lands were forcefully taken away, and their democratic protests were illegally thwarted.

Experts have already said that building, safeguarding and providing imported fuel to the reactor will be so costly that power from Jaitapur will be unaffordable.

Now villagers allege the project has neither planned storage and disposal of its nuclear waste, nor drafted any plan to ecologically protect Ratnagiri - a region of rich agriculture, horticulture, fisheries and biodiversity.

Without these plans in place, they say, letting the project come up will be suicidal.



WHY JAITAPUR  NUCLEAR PLANT MUST BE OPPOSED

Citizens are demanding answers to questions regarding approval, rehabilitation and land acquisition, costs, radioactive byproducts, reprocessing of spent fuel and disposal of radioactive wastes and civil nuclear liability limits of the Jaitapur nuclear plant that remains unaddressed. It must be answered by the Indian government, says activist Gopal Krishna.
Madban, a small village in Ratnagiri, Maharashtra [ Images ] is opposed to the nuclear plant in Jaitapur proposed by the Department of Atomic Energy, Government of India [ Images ]. The project got environmental clearance on November 28 hurriedly to please French President Nicolas Sarkozy, who visted India from December 4-7. The nuclear reactors would be designed and developed by AREVA, a French company.
Prior to this on October 29, more than 3,000 villagers courted arrest after an agitation. The villagers have refused compensation. Former high court judge B G Kolse-Patil, who was served orders preventing him from entering Ratnagiri district, flouted the ban and attended the villagers rally. Former Indian Navy chief Admiral L Ramdas (retired) and former Supreme Court Judge P B Samant too supported the villagers but were stopped by the police from joining the agitation.
The proposed nuclear power park at Madban is situated near the port of Jaitapur in the southern part of Ratnagiri district. It would be the largest single location nuclear power project in the world. It is based on the import of six nuclear power plants from AREVA. In the first phase, two plants are to be built between 2012 and 2017.
It has come to light that in the matter of the Jaitapur Nuclear Power Project a rigorous and scientific environment impact assessment and cost benefit analysis has not been performed.
Union Minister of Environment and Forests Jairam Ramesh [ Images ], in the presence of the chief minister and deputy chief minister of Maharashtra officially announced 'conditional' environmental clearance to the JNPP. The citizens of Maharashtra and India are demanding answers to questions regarding approval, rehabilitation and land acquisition, costs, radioactive byproducts, reprocessing of spent fuel and disposal of radioactive wastes and civil nuclear liability limits that remains unaddressed. It must be answered by the Indian government. It is widely felt that it is a Vedanta and Posco kind of clearance given in haste to be repented in leisure.
It appears that the preparations for Sarkozy occupied the Union Cabinet so much that it failed to consult the secretaries of ministries/departments of the government of India on the ramifications in terms of liability from the proposed nuclear plant.
Several organisations and a large number of individuals are campaigning against the plant. The Konkan Bachao Samiti and the Janhit Seva Samiti have been spearheading a campaign against this nuclear power project. There is reliable information that the European regulatory authorities from three countries, Finland, France [ Images ] and UK have jointly written to AREVA, raising certain serious objections to the current design of control and instrumentation for vital safety aspects of Evolutionary Pressurized Reactors plant. It has also been learnt that the US regulator has written to AREVA expressing similar concerns.
Local residents are opposed to the JNPP and have refused to accept any compensation, nor have they demanded a raise in compensation. The project will attract Rs 25,000 crore to Rs 35,000 crore investment in the first two phases. The government is offering Rs 350 crore as compensation to the villagers. It is claimed that there are 2,033 families who would be directly affected by the project on 968 hectares of land. The nuclear project promises power generation of 9,900 MW in phases. 
In a backdrop that presented a fait accompli, the biodiversity report prepared by the Bombay Natural History Society formed the basis for the 35 environmental conditions set by the environment ministry while giving the green signal for the nuclear plant. The report recorded the presence of plant and animal life on land and marine both at and around the plant site. The BNHS has also mapped 407 hectares of mangrove vegetation around a 10 km radius of the nuclear plant as well as in some of the affected villages.
The BNHS report contradicted the official 1,200 page environment impact assessment report prepared by the National Environmental Engineering Research Institute and made public in April, 2010.
The NEERI report had described the land surrounding the nuclear plant as "rocky and barren land with no habitation and vegetation" and hence ruled out any adverse ecological impact in the area. The same area was surveyed during the monsoon by BNHS, which found 134 species of plants on the plateau.
In July, 2010 the BNHS conducted a rapid impact assessment of the biodiversity of the region and found the Madban plateau to be rich in plant and animal diversity with very good marine diversity in adjacent sites of Ambolgad and Kasheli.
The BNHS found 1,000 plant species, NEERI couldn't find even 500 species. Indeed if the project proponents are assigned to conduct EIA, the report cannot be objective. Therefore, once again the NEERI report is flawed. The Nuclear Power Corporation of India Limited, the project proponent, is an undertaking of the Department of Atomic Energy (DAE had commissioned NEERI to prepare the EIA report for the Jaitapur plant in 2005).
Earlier, in a letter to the President of India dated September 1, ToxicsWatch Alliance pointed out that "the cost of a single nuclear reactor can be as high as Rs 30,000 crore as in the case of the reactor planned at Jaitapur by AREVA, a French public multinational industrial conglomerate headquartered in Tour Areva near Paris. Consequently, the cost of a reactor can be 20 times the maximum amount of liability. It means that it might be cheaper for the operator to take the risk of paying the maximum liability than to spend, say, 10 per cent extra in adding safety features to the plant."
It has been found that NEERI's EIA report is unscientific. This EIA report was made available only a month prior to the public hearing on May 16. It has been alleged on factual grounds that the EIA report reads as if it was authored by the public relations department of NPCIL or Areva.
It may be noted, "The accident at Chernobyl released into the atmosphere an amount of radioactivity equivalent to 400 bombs of the Hiroshima variety. The nuclear project at Jaitapur is about 10 times the size of the Chernobyl Power Plant. The huge radioactive accumulations at the plant site are the principal causes of concern which must be addressed."
NEERI did not have the competence to assess the project. It entails issues of radioactive radiation. NEERI contends that the project meets Atomic Energy Regulatory Board norms and standards without conducting any independent assessment, relying completely on the AERB. But AERB reports are not part of the EIA.
Unmindful of its admitted incompetence to assess radioactive risk, NEERI certifies the safety of the plant saying, "Through individual event sequence analysis for different initiating events, it is estimated that the plant is provided adequate safety features and measures to mitigate or minimise any unsafe consequences".
The same EIA report reveals the following, "All the above scenarios explained, namely Design Basis Accidents and Beyond Design Basis Accidents are thoroughly studied and detailed reports are generated as Preliminary Safety Analysis Reports and these reports will be submitted to Atomic Energy Regulatory Board for review and approval for construction of nuclear power project at Jaitapur." Clearly implying that the safety approval by the AERB is yet to be obtained and despite this it certified the adequacy of the safety of the plant against "any unsafe consequences".
The threat of a terrorist attack on nuclear plants in India is also considered credible is clear from the specific exclusion in clause 5 (ii) in the Civil Liability for Nuclear Damage Bill (2010) which has been passed by the Indian Parliament and awaits the President's assent. It reads: "An operator shall not be liable for any nuclear damage where such damage is caused by a nuclear incident directly due to -- an act of armed conflict, hostility, civil war, insurrection or terrorism".
After the 9/11 terrorist attack in the US, the possibility of terrorist attacks on nuclear power plants is considered quite credible and substantial by US authorities. The DAE has ignored the complete text of a 2009 report presented to the US Congress: on "Nuclear Power Plant Security and Vulnerabilities". Consequently, amendments were made in US law to require nuclear plant design to address this risk but the Indian legislation on nuclear liability does the contrary.
In his testimony to the parliamentary committee, Union Defence Secretary Pradeep Kumar categorically had stated, "under different layers of protection, nuclear assets including nuclear installations are being protected through defence." However, he admitted that "absolute and foolproof protection cannot be guaranteed for any nuclear or other assets in the country during peace or war."
Exceptions for acts of terrorism can easily be used by the supplier and the operator to wash their hands off any nuclear disaster. Testimony after testimony before the parliamentary committee had asked for deletion of the word terrorism from the nuclear liability bill but the same is not reflected in the bill which was passed by Parliament.
Misplaced expression of satisfaction by NEERI with NPCIL's claim of safe storage for 100 years is shocking. This constitutes less than one per cent of the lethality lifetime of the spent fuel. There is no explanation as what will happen to the radioactive waste after 100 years. It is a known fact that India does not have a geological repository for nuclear waste and there are no sites in India suitable for building one.
The EIA report is flawed because of the absence of a specific plan for decommissioning as well. No new nuclear plant can be built in Europe or the US without such a plan. The EIA report is untenable.
The cost of electricity generated from JNPP would be in excess of Rs 9 per unit. This does not include the costs of managing radioactive waste and decommissioning. The current cost of electricity is about Rs 4 per unit. It has been noted in the Rajya Sabha that as far as the cost difference between hydro, thermal and all the available options vis-à-vis nuclear electricity is concerned, the cost difference is 1:3.
If the overall objective of wanting to generate 40,000 MW of nuclear power in the next two decades is considered, the cost difference between conventional and nuclear electricity would be more than Rs 300,000 crore. This amount can build 20,000 hundred-bedded modern hospitals all over the country and 2.5 lakhs of Navodaya Vidyalayas with boarding facilities for 100 students all over the country.
The total installed generating capacity in India as on June 30 was 162,367 MW, comprising 64 percent from fossil fuel, 23 percent from hydro, 3 percent from nuclear and balance 10 percent from renewable energy sources. Evidently, share of nuclear power is quite low. It is possible to generate similar power from alternate sources of energy.
In its last report in 2010, the Parliamentary Standing Committee on Science, Technology, Environment & Forests, had recommended that "the government should consult all such ministries/departments which are even remotely concerned with the provisions of a proposed legislation", the same has not been done. This recommendation has been ignored in the case of Jaitapur nuclear plant as well.
The standing committee referred to how secretaries of ministries of health & family welfare, agriculture, labour & employment, food & public distribution were ignored in the drafting of the Nuclear Liability Bill was a very serious lapse of the Union Cabinet.
It may be noted that secretary, Union ministry of health said, "Since the response system to deal with any kind of emergency of such type, the hospitals are not well-equipped, it is natural that mortality and morbidity due to multiple burn, blasts, radiation injuries and psycho-social impact could be on very high scale and medical tackling of such a large emergency could have enough repercussions in the nearby areas of radioactive fallout."
She also mentioned that in the entire bill, there is not a single clause which speaks about taking healthcare during radiological emergencies. It reflects only about payment of compensation due to health impacts of such radiation. She suggested while setting up nuclear plants, consideration may also be given to the fact that there should be a hospital having trained doctors near such establishments and arrangements should also be made for free treatment of people who are affected by serious nuclear fallout.
She confessed that "her ministry is nowhere to meet an eventuality that may arise out of nuclear and radiological emergencies." Similar testimonies from secretaries of other ministries provide a chilling and prophetic forewarning.
In compliance of the suggestion of chairperson of the parliamentary committee during my testimony on August 3 and pursuant to a written submission dated July 7, TWA had specifically drawn the attention of the committee with regard to the narrow definition of the word 'installation' and conflict of interest ridden existence of the AERB. In a letter to the committee dated August 12, TWA has questioned the merit of centralised power stations given 35-40 percent transmission and distribution loss from power grids.
The secretary, financial services, ministry of finance, submitted before the committee that "any increase in premium of insurance will lead to increase in the cost of production of electricity for nuclear power. It is argued that higher the liability limit higher will be the insurance premium and subsequently higher will be the cost of electricity production."
Keeping these concerns in mind, opposition against the nuclear plants are emerging in a huge way.
Will the sane voice of Madban village be able to compel the might of a determined state to bulldoze its nuclear project at any cost, to rethink? The issue what is supreme AREVA's interest or the interest of villagers. Once again the insincerity and dishonesty of paying lip-service to Mahatma Gandhi's [ Images ] village republic and autocratically refusing to accord a sovereign status to the village at the same time stands exposed.

Uranium Corporation of India Limited in Jharkhand

UCIL’s underground mines in Jadugoda, Bhatin, Turamdhih, Narwapahar, and its open cast mine at Banduhurang extract 1,000 tons per day (TPD) of uranium ore. Two underground mines in the pipeline at Baghjata and Mahuldih will boost that amount. The ore is processed at the Jadugoda and Turamdih mills with a combined capacity of 5,000 TDP.  The company earned $64 million in 2007-08, and made a $3 million profit.

The 20-year lease for UCIL's mines was up in 2007, and a new application is being processed. Under it, the company wants to add 6.37 hectares to tailing dam capacity and expand production, according to UCIL Chairman and Managing Director Ramendra Gupta. This move requires an Environmental Impact Assessment (EIA) and Environmental Management Plan (EMP) drawn up by the Central Institute of Mining & Fuel Research (CIMFR), along with a public hearing.

Addressing the affected community at the May public hearing in Jadugoda, the company represented the local plans as “a marginal expansion.” But the UCIL website promises “a quantum leap in UCIL’s activities” that includes plans to "deepen the existing mines, expand its processing facilities,” and “not only opening new mines, but also the development of the community around its operations.”

While the company has created local schools and provides jobs and social services, villagers who attended the hearing argued that these provisions do not compensate for the health effects and destruction of their way of life.

“Why are we being made to pay such a heavy price, for so many decades”? Asks Hira Hansda, speaking of her three miscarriages and birth to five infants that quickly died. Her husband Sonaram worked at the tailing dam as a casual employee between 1984-87, and like many villagers, he links the deterioration in local health conditions to the arrival of the uranium mines. The last three surveys conducted in the area found increased radiation levels.

Heavy Security at UCIL’s Public Hearing Keeps Villagers Out

The public hearing on UCIL's new application took place at the heavily fortified camp of the Central India Security Force (CISF) within the UCIL colony at Jadugoda. Conducted by the Jharkhand State Pollution Control Board, the proceedings were marked by restrictions on personal liberties under sections of a law applying to situations with the potential to cause civil unrest.

Leaving little room for the public or protesters, the hall was packed with hundreds of UCIL workers and other company beneficiaries who held placards reading: “When compared to hunger, pollution is a small issue," and "Save UCIL.”

Those who had lost their lands and health to the mines were physically barred from the tent. Outside the proceedings, protesters shouted: “Do not destroy our land," “No uranium, no uranium waste, no weapons, care for the future." Many indigenous villagers waved the banner of the Jharkhandi Organization Against Radiation (JOAR), winner of the Germany-based Nuclear Free Future Award for its long crusade against the hazards of uranium mining in Jadugoda. The protesters denounced the hearing as "a farce" and demanded that it be immediately stopped.

Villager and JOAR president, Ghanashyam Biruli, issued the demands:  no new uranium mines, bring the existing mine under international safety guidelines, return unused tribal land, provide livelihood and rehabilitation to displaced people, clean up the contamination, commission an independent study of environmental contamination and health effects, and monitor water bodies to ensure that the radionuclides do not seep into the aquifer that is the lifeline of more than 100,000 people. The activists also argued that since the country can buy uranium on the international market, there is no compelling need to expand UCIL's capacity.

The real compelling need, they asserted, was protecting health and the environment. The 2008 health survey by the Indian chapter of International Physicians for Prevention of Nuclear War (IPPNW) provided clear evidence, finding that:

* Couples living near the mines were "1.58 times more vulnerable to primary sterility" with 9.6 percent of couples in study villages unable to conceive after three years of marriage, compared with 6.27 percent in a reference (control) group.

* Birth defects followed a similar pattern with 1.84 times higher incidence: “[B]abies from mothers, who lived near uranium mining operation area, suffered a significant increase in congenital deformities,” according to the report. While 4.49 percent of mothers living in the study villages reported bearing children with congenital deformities, only 2.49 percent of mothers in reference villages fell under this category." The national rate for people with disabilities (including congenital deformities) is 3 percent, according to official government statistics.

* Deformed babies near the mining operations are almost 6 times more likely to die, with 9.25 percent mothers in the study villages reporting congenital deformities as the cause of death of their children. In the reference village, mothers reported 1.70 percent of babies died of deformities.

* Cancer deaths were also higher: 2.87 percent of households in study villages attributed the cause of death to be cancer, compared to 1.89 percent in the reference village.

These factors contributed to a lowered life expectancy. In the study villages 68.33 percent of the population died before reaching the state's average life expectancy: 62 years old.

UCIL Denies Contamination

Despite such alarming reports, radiation data are not made public because they fall under the purview of the Atomic Energy Act of 1962. UCIL / DAE (Department of Atomic Energy) also cites security concerns for refusing to release data on health of the workers. But Buddha Weeps in Jadugoda, a 1999 award-winning film by Shri Prakash documented that, despite a law mandating regular monitoring, in the last five- to ten-year period few workers underwent blood and urine tests to assess the impact of radiation.

Independent scientists have confirmed the danger. Professor Hiroaki Koide, from the Research Reactor Institute, Kyoto University, Japan, sampled soil and air in the surrounding villages and documented that “The circumference of tailing ponds is impacted with uranium radiation. The strength of the radiation is of 10 to 100 times high in comparison to places without contamination. ...There are places where uranium concentration is high in the road or the riverside, and it is thought that tailings are used for construction material,” including on villagers' houses." Tailings are production waste material that, according to critics are unsafely stored, dumped, and used for landfills, roads and construction.

UCIL Technical Director D Acharya denied that the company was responsible for radiological contamination. “UCIL’s safety and pollution control measures are at par with the international standards, comparable at any point of time,” he said. The company is dealing with naturally occurring materials, he noted, the very low grade ore extracted is a minimal environmental hazard, and the company is not enriching the ore in Jadugoda.

But tacitly acknowledging the risks, UCIL head, Gupta, noted in the 2008 Annual Report that "External gamma radiation, Radon concentration, suspended particulate matters, airborne long lived Alpha activity and concentration of radio nuclides- uranium and Radium in surface and ground water, in soil and food items etc are monitored regularly."

Although he presented no evidence, UCIL Technical Director Acharya said that allegations of health problems are canards spread by anti-uranium lobbies, and that the physical fitness of the employees can be gauged the UCIL football team's success in winning the DAE tournaments for the past five years.

“From time to time we have also conducted structured health surveys and examinations, by independent sources," said Acharya. "One was done by the erstwhile Bihar Assembly, about ten years ago, but the findings are absolutely normal.” (The area was part of Bihar at the time.) "The effects of radiation are being constantly monitored by independent watchdogs, and there are health physics experts who are always with us, for round-the clock-vigil of the situation. Hence, there is really no cause of concern,” he added.

That is not the experience of many villagers, who link serious health problems to the mines. Like many of the women in the surrounding areas, Hansda's pregnancies were a time of terror. “It fills within us fear and apprehensions of the possible ordeal that may be in store. Who knows what would be the fate of the baby,” she said.


INDIA  SOLD  OUT   TO  NUCLEAR POWER GENERATING  MNCs   DIRT  CHEAP                                                                      
Before  enacting the law on “Nuclear  Accident Liability Bill” , Government of India  should consider the following  issues

1.       The term  Nuclear Accident must include the damages caused due to  radiation leak affecting the employees in the nuclear facility  ,  the people living  near the facility  & people affected by the  effluents , scraps  generated by the nuclear facility.
2.       The government of India does not have any right to fix a price tag for the lives of Indians , that too cheaper than US public.
3.       The Nuclear power generating companies must  incorporate safety infrastructure & procedures  as they do in US market , not any obsolete technology.
4.       In  USA & other developing countries , they have very huge , efficient social security network , vast pool of resources  put in by  nuclear power generating companies themselves , to  take care of the affected in case of a nuclear accident . In India we don’t have that type of  social security network nor matching resources , therefore ideally  India must fix a nuclear liability cap much higher than  US market in dollar terms.
5.       Also the company must be made liable  for the complete clean up  of the facility  & surrounding  towns , villages , health care to all the affected victims  on par with US market , in case a nuclear accident happens.
6.       The  Nuclear Equipment Suppliers , Nuclear Plant Operators  together  with their  respective governments like USA , UK must  stand  as guarantors .
7.       The  Life Insurance Companies in India Must pay insured amount  to  nominees of insured  in case of nuclear accidents / radiation affects in addition to compensation by the  nuclear power companies . as of now many life insurance companies are not covering nuclear accidents / radiation affects.

Neither our MPs , Cabinet ministers nor  IAS babus  have the right to decide the fate of common people  & fix a rate for lives of Indians. They are not experts in this field ,  they should not  conclude any deals , decisions in  a hush hush manner .  Many  scams have  come out of hush hush deals . Nobody , no MP , no minister , no IAS  officer has paid from his personal  pocket to the victims  of industrial disasters , etc. After all  MPs , Ministers , IAS babus  are  public servants , they must just represent the voices of people , we  people don’t  want  their  personal expertise & opinions. Our Policy makers  must heed to the public advice of senior  scientists , experts in the field of nuclear power generation .

Ofcourse , as a result  unit price of electricity will get front loaded  , we may not get cheap  electricity . but  the lives of Indians are much valuable than Electricty.  The person who benefits from cheap electricity – Industrialists  does not  pay from his pocket  to the victims of disasters . Development  not at the cost of safety & lives of common people. This must dawn on our ill informed  policy makers at the earliest .




NUCLEAR DISASTER IN MYSORE ? 

Even in developed countries like USA & UK mal - handling of radio
active
materials takes place now & then, which in itself constitute nuclear
disasters
on small scale. Refer the Deccan Herald ( 12/10/03 to 18/10/03) for
details. few
years back, there were media reports about certain containers with
radio active
materials dumped in the open in Mysore city Railway Station. In Kaiga
nuclear
power project a doom collapsed. In India how many cases of
mal-handling of radio
active materials have taken place ? No public knowledge . In the back
drop of
corrupt ,negligent hush-hush, buck passing work culture in most of the
government service, I do want to know from the union Health Minister &
the
Karnataka State Health Minister, how safe are we from the processing &
storage
of radio active materials at M/s REMP, Mysore M/s REMP Kerala, & M/s
UCIL
Jadaguda Jharkhand ? How the spent fuel is disposed off in nuclear
power plants
in India ? few months back there were media reports about ill effects
of
radiation on the employees & peoples of adjacent villages near the
operations
site of M/s Uranium Corporation of India Ltd. Jadaguda Jharkhand &
Near the
Operations site of M/s REMP in Kerala.
In tsunami waves onslaught of december 2004 , the vital facilities of
kundakulam
nuclear reserch station in tamilnadu were damaged . just last week
tremors of
earth quake were felt in kaiga nuclear power plant in kaiga ,
karnataka . if
anything untoward happens as a result of natural calamities or human
failure ,
etc , what sort of contigency plans the government has got ready for
the safety
of public ?
Even some of the insurance companies like M/s Met Life India Insurance
Co. don't
cover the risk of physical / mental disabilities or death caused due
to nuclear
hazards . In such an event who will bear the cost of compensation ?
How the
quantum of compensation is calculated ? will you take into
consideration the
insurance policies brought by individuals ? Give me information about
the safety
measures taken by M/s REMP, M/s UCIL & other related agencies at all
it's
operation sites / nuclear sites.


Uranium Corporation of India Limited: Wasting Away Tribal Lands
by Moushumi Basu, Special to CorpWatch
October 7th, 2009 


“I have had three miscarriages and lost five children within a week of
their births,” says Hira Hansda, a miner’s wife. “Even after 20 years
of marriage we have no children today.” Now in her late forties, she
sits outside her mud hut in Jadugoda Township, site of one of the
oldest uranium mines in India. 

The Uranium Corporation of India Limited (UCIL) operates that mine,
part of a cluster of four underground and one open cast mines and two
processing plants, in East Singbhum district in the Eastern Indian
state of Jharkhand. The deepest plunges almost one kilometer into the
earth. 

Incorporated as a public sector enterprise under the Department of
Atomic Energy (DAE) in 1967, UCIL has sole responsibility for mining
and processing all of India's uranium. And since the strength of the
Jadugoda region's uraninite ore is extremely low, it takes many tons
of earth as well as complex metallurgical processes to yield even a
small amount of useable uranium ore—along with tons of radioactive
waste, disposed of in unlined tailing dams. 

UCIL processes the ore into yellowcake and sends it to the Nuclear
Fuel Complex in Hyderabad, where it is officially designated for use
in nuclear reactors. But it is an open secret that some of the nuclear
material becomes the key ingredient in India's nuclear arsenal. (India
is one of only three states—along with Israel and Pakistan—that are
not signatories to the Treaty on the Non-Proliferation of Nuclear
Weapons. North Korea withdrew from the Treaty in 2003.) 

Unhealthy Villages 
Radiation and health experts across the world charge that toxic
materials and radioactivity released by the mining and processing
operations are causing widespread infertility, birth defects and
cancers. A 2008 health survey by the Indian chapter of International
Physicians for Prevention of Nuclear War (IPPNW), found that “primary
sterility was found to be more common in the people residing near
uranium mining operations area.” 

Jadugoda residents Kaderam Tudu and his wife, Munia, considered
themselves fortunate when their infant was born alive, until, “I found
that my baby son did not have his right ear and instead in its place
was a blob of flesh,” says Tudu, a day worker in his late thirties.
Their son, Shyam Tudu, now eight, has a severe hearing impairment. 

Even children who appear healthy are impacted. "The youths from our
villages have become victims of social ostracism," says Parvati
Manjhi, and cannot find spouses. "And a number of our girls have been
abandoned by their husbands, when they failed to give birth,” Now
middle-aged, Parvati and her husband, Dhuwa Manjhi, who used to work
for UCIL, are childless. 

Harrowing tales fill the region around the mines, and add irony to the
area's name, Jharkhand, which in the local tribal language means
“forest endowed with nature’s bounties.” If the lush land was the
indigenous population's boon for centuries, its rich mineral reserves
have become their bane. Six decades of industrialization has depleted
the forest cover, degraded the environment, displaced tribal peoples—
who along with Dalit ("untouchables") form an oppressed underclass—and
devastated a way of life deeply interwoven with nature. 

Despite India's economic boom and proximity to one of the country's
richest mineral reserves, the villages in Jharkhand are now among the
poorest in the country, according to the Center For Science &
Environment’s (New Delhi) 2008 report “Rich Lands Poor People.” 


Uranium Corporation of India Limited in Jharkhand 

UCIL’s underground mines in Jadugoda, Bhatin, Turamdhih, Narwapahar,
and its open cast mine at Banduhurang extract 1,000 tons per day (TPD)
of uranium ore. Two underground mines in the pipeline at Baghjata and
Mahuldih will boost that amount. The ore is processed at the Jadugoda
and Turamdih mills with a combined capacity of 5,000 TDP.  The company
earned $64 million in 2007-08, and made a $3 million profit. 

The 20-year lease for UCIL's mines was up in 2007, and a new
application is being processed. Under it, the company wants to add
6.37 hectares to tailing dam capacity and expand production, according
to UCIL Chairman and Managing Director Ramendra Gupta. This move
requires an Environmental Impact Assessment (EIA) and Environmental
Management Plan (EMP) drawn up by the Central Institute of Mining &
Fuel Research (CIMFR), along with a public hearing. 

Addressing the affected community at the May public hearing in
Jadugoda, the company represented the local plans as “a marginal
expansion.” But the UCIL website promises “a quantum leap in UCIL’s
activities” that includes plans to "deepen the existing mines, expand
its processing facilities,” and “not only opening new mines, but also
the development of the community around its operations.” 

While the company has created local schools and provides jobs and
social services, villagers who attended the hearing argued that these
provisions do not compensate for the health effects and destruction of
their way of life. 

“Why are we being made to pay such a heavy price, for so many
decades”? Asks Hira Hansda, speaking of her three miscarriages and
birth to five infants that quickly died. Her husband Sonaram worked at
the tailing dam as a casual employee between 1984-87, and like many
villagers, he links the deterioration in local health conditions to
the arrival of the uranium mines. The last three surveys conducted in
the area found increased radiation levels. 

Heavy Security at UCIL’s Public Hearing Keeps Villagers Out 
The public hearing on UCIL's new application took place at the heavily
fortified camp of the Central India Security Force (CISF) within the
UCIL colony at Jadugoda. Conducted by the Jharkhand State Pollution
Control Board, the proceedings were marked by restrictions on personal
liberties under sections of a law applying to situations with the
potential to cause civil unrest. 

Leaving little room for the public or protesters, the hall was packed
with hundreds of UCIL workers and other company beneficiaries who held
placards reading: “When compared to hunger, pollution is a small
issue," and "Save UCIL.” 

Those who had lost their lands and health to the mines were physically
barred from the tent. Outside the proceedings, protesters shouted: “Do
not destroy our land," “No uranium, no uranium waste, no weapons, care
for the future." Many indigenous villagers waved the banner of the
Jharkhandi Organization Against Radiation (JOAR), winner of the
Germany-based Nuclear Free Future Award for its long crusade against
the hazards of uranium mining in Jadugoda. The protesters denounced
the hearing as "a farce" and demanded that it be immediately stopped. 

Villager and JOAR president, Ghanashyam Biruli, issued the demands: 
no new uranium mines, bring the existing mine under international
safety guidelines, return unused tribal land, provide livelihood and
rehabilitation to displaced people, clean up the contamination,
commission an independent study of environmental contamination and
health effects, and monitor water bodies to ensure that the
radionuclides do not seep into the aquifer that is the lifeline of
more than 100,000 people. The activists also argued that since the
country can buy uranium on the international market, there is no
compelling need to expand UCIL's capacity. 

The real compelling need, they asserted, was protecting health and the
environment. The 2008 health survey by the Indian chapter of
International Physicians for Prevention of Nuclear War (IPPNW)
provided clear evidence, finding that: 

* Couples living near the mines were "1.58 times more vulnerable to
primary sterility" with 9.6 percent of couples in study villages
unable to conceive after three years of marriage, compared with 6.27
percent in a reference (control) group. 

* Birth defects followed a similar pattern with 1.84 times higher
incidence: “[B]abies from mothers, who lived near uranium mining
operation area, suffered a significant increase in congenital
deformities,” according to the report. While 4.49 percent of mothers
living in the study villages reported bearing children with congenital
deformities, only 2.49 percent of mothers in reference villages fell
under this category." The national rate for people with disabilities
(including congenital deformities) is 3 percent, according to official
government statistics. 

* Deformed babies near the mining operations are almost 6 times more
likely to die, with 9.25 percent mothers in the study villages
reporting congenital deformities as the cause of death of their
children. In the reference village, mothers reported 1.70 percent of
babies died of deformities. 

* Cancer deaths were also higher: 2.87 percent of households in study
villages attributed the cause of death to be cancer, compared to 1.89
percent in the reference village. 

These factors contributed to a lowered life expectancy. In the study
villages 68.33 percent of the population died before reaching the
state's average life expectancy: 62 years old. 

UCIL Denies Contamination 
Despite such alarming reports, radiation data are not made public
because they fall under the purview of the Atomic Energy Act of 1962.
UCIL / DAE (Department of Atomic Energy) also cites security concerns
for refusing to release data on health of the workers. But Buddha
Weeps in Jadugoda, a 1999 award-winning film by Shri Prakash
documented that, despite a law mandating regular monitoring, in the
last five- to ten-year period few workers underwent blood and urine
tests to assess the impact of radiation. 

Independent scientists have confirmed the danger. Professor Hiroaki
Koide, from the Research Reactor Institute, Kyoto University, Japan,
sampled soil and air in the surrounding villages and documented that
“The circumference of tailing ponds is impacted with uranium
radiation. The strength of the radiation is of 10 to 100 times high in
comparison to places without contamination. ...There are places where
uranium concentration is high in the road or the riverside, and it is
thought that tailings are used for construction material,” including
on villagers' houses." Tailings are production waste material that,
according to critics are unsafely stored, dumped, and used for
landfills, roads and construction. 

UCIL Technical Director D Acharya denied that the company was
responsible for radiological contamination. “UCIL’s safety and
pollution control measures are at par with the international
standards, comparable at any point of time,” he said. The company is
dealing with naturally occurring materials, he noted, the very low
grade ore extracted is a minimal environmental hazard, and the company
is not enriching the ore in Jadugoda. 

But tacitly acknowledging the risks, UCIL head, Gupta, noted in the
2008 Annual Report that "External gamma radiation, Radon
concentration, suspended particulate matters, airborne long lived
Alpha activity and concentration of radio nuclides- uranium and Radium
in surface and ground water, in soil and food items etc are monitored
regularly." 

Although he presented no evidence, UCIL Technical Director Acharya
said that allegations of health problems are canards spread by anti-
uranium lobbies, and that the physical fitness of the employees can be
gauged the UCIL football team's success in winning the DAE tournaments
for the past five years. 

“From time to time we have also conducted structured health surveys
and examinations, by independent sources," said Acharya. "One was done
by the erstwhile Bihar Assembly, about ten years ago, but the findings
are absolutely normal.” (The area was part of Bihar at the time.) "The
effects of radiation are being constantly monitored by independent
watchdogs, and there are health physics experts who are always with
us, for round-the clock-vigil of the situation. Hence, there is really
no cause of concern,” he added. 

That is not the experience of many villagers, who link serious health
problems to the mines. Like many of the women in the surrounding
areas, Hansda's pregnancies were a time of terror. “It fills within us
fear and apprehensions of the possible ordeal that may be in store.
Who knows what would be the fate of the baby,” she said. 


The Tragedy Of Fukushima Is A Tragedy For All Mankind
By Peter Chamberlin
13 March, 2011
Countercurrents.org

The Tragedy of Fukushima is not yet fully known, at least not in terms of the long-term effects of the radiation released today and tomorrow, perhaps for mankind’s entire “half-lifetime.” We don’t know (meaning our best scientists don’t know) what will grow out of the hole which has been blasted in our collective consciences today. Our knowledge of atomic science, just like our understanding of all earth science, is in its infancy, yet we have chosen to build nuclear reactors in geologically risky locations. Beyond the risky siting problems, lie the earth forces of wind and water, which we only now beginning to see.
Our best minds could figure-out how to take the nuclear fire out of the oven and bring it into our neighborhoods, but they could not guarantee a fail-safe way to go about this—yet, they enthusiastically urged our leaders to dot the countryside with these nuclear pipe-bombs, euphemistically dubbed “reactors.” A “REACTOR” is an abomination, classified as “science.” Here is an untechnical description of a reactor operation:
Inside a closed metal and concrete container, a piece of uranium is ignited, like a piece of coal that is partially smothered, enough to prevent the glowing coal from bursting into open flames. The glowing uranium rod is prevented from open ignition by smothering in special high-temperature coolant. The heat released by this partially burning rod of uranium evaporates water into steam, which flows through pipes like a modern equivalent of a steam engine. The nuclear-powered steam engine turns an electrical generator, which sends electricity flowing through the wires.
If the uranium rod is allowed to burn too hot, it creates more heat than the coolant can transfer and the REACTOR begins to melt, before the fuel rods melt.
If the water system shuts-down for an extended time, the steam being created can’t flow, the pressure builds until the REACTOR explodes, leaving the burning fuel rods fully exposed. The rods melt, burning through the floor of the REACTOR.
If all goes well, none of this ever happens, but like all things made by the hands of man, every mechanical system eventually breaks-down. Our best minds knew all these risks before the first reactor was ever built, yet they recommended that reactors should be built in every country on the face of the earth. Our scientists didn’t care to consider that the day might come when the earth would bite back.
The tragedy of Fukushima is a tragedy for all mankind. We do not yet see it, but this event will be remembered as a turning point in the development of humanity. From this point forward, if nothing else, Fukushima will give pause to every politician, or technocrat in the future who holds up the torch of “nuclear power” as the great hope for our energy-starved planet. But the greater ramifications of the environmental impact from this event will echo down through the corridors of human time, in both subtle and more obvious ways. The first concrete way that this will impact future lives will be in the horrible mutations suffered by those exposed to burning-type of radiation, near the site of the explosion. Children of the workers and neighbors of this plant, and their children, will suffer much higher rates of extreme deformation of their future fetuses, produced after this event.
The more subtle widespread genetic damage is produced by the release of enormous amounts of highly-radioactive dust into the atmosphere, as it is carried around the planet, is something which we can only guess at from our perspective. Today, we cannot foresee the end of this tragic catastrophic event. The only thing we know for certain, is that it is all ending very badly.
Our scientists all thought that something like this would never happen, or so they said. The truth is, they played the odds and lost, or rather the Japanese people lost. Nuclear power has always been a cosmic roll of the dice, with the fate of every living being on planet earth riding on the outcome of the roll. Our great leaders fully understood that bad things might happen, yet they confidantly invested your tax dollars, in order to gamble your lives that one day the radioactive wolf would not come knocking at your door. Well the wolf is outside and he is starting to howl.
Scientists are so caught-up in their own self-worship that they convince themselves that they know what is best for all of us, especially if it means profit or power for them. The self-proclaimed “geniuses” who have unleashed the nuclear genie for our advancement, have made decisions for us which God Himself, chose to leave alone. Human evolution comes about when the species reaches a dead-end, requiring the species to grow (evolve) in some way, in order to go forward. Human technology follows the same pattern of growth–forward momentum reaches a point of impasse, until the impeding wall is breached, allowing forward momentum to resume.
Nuclear power has always been thought-of in these terms–the technology which was built upon the discovery of the thermonuclear reaction, thinking that “nuclear power” was a great leap forward….IT WAS NOT. As I have explained in my steam engine analogy, nuclear power is pseudo-science. It is the adapting of Nineteenth Century technology over the discovery of the thermonuclear reaction and calling it a “REACTOR,” claiming that it was a great leap forward for all mankind, alleviating us from our addictions to coal and oil-fired electricity. We have our need for electricity–vs–unlimited energy from enriched uranium. We have not bridged the gap between them with so-called “nuclear power” (really steam power).
When we have fully understood nuclear science we will have naturally progressed to the knowledge of converting atomic energy into electricity. Until then, we are just burning-up a very limited resource, while endangering all of our lives. In our effort to understand the true science involved in the thermonuclear reaction we will come to understand the real science of nuclear fusion. Until we learn to harness the astronomical amounts of energy being released in the fusion reaction, we will just be spinning our tires, stuck in the same old mud, with our heads still firmly in our asses.
It may be, that when we finally really understand exactly what we have gotten our hands on, we will figure-out that somehow, our evolution as an intelligent species has required a radioactive environment, in order to cause specific species’ mutations that we have not even dreamed of. Who knows? Maybe God had this on His mind all along. Since He is the hidden hand behind our evolution, He must have had reasons for allowing man to open the nuclear nutshell. The discovery of atomic energy was a natural outcome of our primitive scientific quest, just as the discovery of converting fusion energy into electrical energy must be the next step in our quest to improve the species.
Perhaps He who sees all things before they happen put “nuclear power” before us to become the great wall to human progress which together we muct breach. Perhaps we will see this phase in our technological development for what it is, a failed experiment, so that we may absorb the lessons learned from the tragedy at Fukushima and go on. This is my great hope.
It is time to leave nuclear power behind.
peterchamberlin@naharnet.com 

 







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