Redefine the Republic: Expand Constitutional Framework to Include People's Rights

   On 26 January 1950, the Indian Constitution came into force. The anniversary of this moment is marked by Republic Day every year. For the ruling class, Republic Day is synonymous with a parade of military muscle and a charade of national ‘unity in diversity’.
The boasts of military prowess have now extended to praise of privatized state terror and militarisation of society. In his Republic Day address this year, the Governor of Chhattisgarh hailed the state-sponsored civil militia Salwa Judum as a ‘spontaneous movement’ to protect the values of the republic, and called on people to extend ‘physical, mental and financial support’ to it. This, even after recent fact-finding teams have exposed the rapes and sexual slavery common in the Salwa Judum camps controlled by Army platoons! He made no mention of the recent farce of ‘surrender of dreaded Maoists’ in a grand function presided by the Chhattisgarh CM – later exposed to have been a staged show. Less than a week since the Republic Day celebrations, a fake encounter has come to light; in which three Kashmiri men – a carpenter and two street vendors – were picked up at random by police and killed as ‘Pakistani militants’ last year, resulting in a cash award for a police officer.
With manufactured ‘militants’, ‘Maoists’ and Naxalites being invoked as threats to the republic, with the smokescreen of fake encounters and fake surrenders, our rulers seek to reassure us that they are on the job of defending our republic from its enemies. But what of the threat to our republic’s sovereignty and Constitutional freedoms by laws that pamper corporates and punish people, and unequal treaties that shackle us to imperialist powers?
In the past decade, there have been many voices seeking to rewrite the constitution. The BJP and Sangh Parivar while in power actually set up a Commission to review the Constitution in tune with their vision of an authoritarian Hindu Rashtra. More recently, after a Supreme Court verdict sought to override the Constitutional Ninth Schedule, several voices including the Tamilnadu Governor Surjit Singh Barnala have called for a complete overhaul of the constitution to better reflect the aspirations of the marginalized and minorities.
The Constitution as it was originally framed did indeed have several silences and hesitancies that made the rights enshrined in it a preserve of the privileged. Various ‘liberty’ rights like the right to equality were indeed enshrined as ‘fundamental rights’ in the Constitution, but specific ‘welfare’ rights (the right to food, education, health, work and so on) were consigned to the non-justiciable ‘Directive Principles of State Policy’. The violation of the latter steadily undermined the former, even as various arms of the state kept up the lip service to the former. In times of globalisation, the ‘directive principles’ of state policy are coming nakedly and unashamedly from imperialist forces and corporate houses. Once, compelled to make some gesture to the aspirations fuelled by the freedom struggle, the State passed Land Reform laws and even introduced the Ninth Schedule in the Constitution to safeguard them from judicial interference. However, even then, there was never any will to actually seize and redistribute ceiling surplus land. Now, in contrast, laws like the SEZ Act facilitating corporate land grab are being enforced by the brute force of the state machinery. The same courts that once held land reforms to be against the right to property, now give legal sanction to mass eviction of peasants from their land to benefit corporates. The Constitution itself is being interpreted by these courts so as to hold protection or affirmative action for weaker sections to be against the spirit of right to equality. Preserving existing inequality has become the meaning of right to equality.
With the existing Constitutional framework proving more and more vulnerable to the onslaught of globalisation and an increasingly authoritarian polity, it seems we need a popular movement demanding a radical expansion in the scope of fundamental rights of the Constitution: to include the right to work, food, education, health and social justice. The Constitution of a democratic polity cannot be frozen forever. The experience of our neighbour Nepal stands testimony to how people’s movements have time and again radically redefined the scope of democracy, and popular mandate has insistently necessitated a rewriting of the constitution in the teeth of opposition by a besieged monarchy and a reluctant ruling class. In our own context, let us remember that Babasaheb Ambedkar, the founder of the Indian Constitution, saw India as a ‘nation-in-the-making’, unlike those who saw India as an entity frozen in time, waiting to be ‘discovered’. Radically redefining India’s Constitutional framework is indeed the need of our ‘nation-in-the-making’, as Dr. Ambedkar’s own Constitution is being wielded against his dream of social justice, and as Bhagat Singh’s vision of a truly free and egalitarian India is subverted by the bhure angrez of today.
Thousands Join Hands on the Eve of Republic Day to Symbolise the Unity of Indian People to Defend Our Sovereignty and Resist US Imperialism and its Lackies
On the eve of the Republic Day, CPI(ML) vociferously demanded outright scrapping of the SEZ Act 2005 and the Nuke Deal and other humiliating treaties with the US-led imperialism through organising of 'human chains' at important centres in the country as a mark of protest. Dipankar Bhattacharya, General Secretary of the Party, joined the 'Human Chain' at the Shahid Bhagat Singh statue near ITO in New Delhi on 25 Jan. Comrade Dipankar, while speaking on the occasion, said that the pomp and show of official Republic Day celebrations on January 26 this year will be designed to hide the fact that never before has the Indian republic been under such a concerted assault. Indian rulers seems on the way to winning the coveted position of being the regional cop of the US. But the fact is, however, that neither aerial bombing nor invasion of our borders is required for the systematic erosion of our freedom. That assault is being launched right from within the very same institution that are said to be proof of our democracy - the Indian Parliament. Time and again, acts are being passed in Parliament that irrevocably undermine our independence - the same independence for which the battle was launched for the first time 150 years ago in 1857, and for which Bhagat Singh and his comrades gave up their lives. Government of the day is dreaming of the whole of India being turned into a Special Economic Zone (SEZ). SEZs are nothing but foreign territory within our country! While corporates and real estate speculators enjoy duty-free tax holidays ensconced in SEZs, farmers who are committing suicides in their thousands are being denied lifesaving debt-waivers and minimum support price for their crops. If SEZs proclaim India's economic bondage to imperialist globalisation, the Indo-US Nuclear Deal is shameful proof of political bondage. The Hyde Act passed by the US late last year makes it all too clear that the Nuke Deal shackles India to having a 'foreign policy that is congruent to that of the United States' and to 'working with the United States in key foreign policy initiatives related to nonproliferation'.
For the people of India, the urgent struggle to defend out republic cannot be tamed or toned down by a discourse of 'shifting goalposts' or cosmetic 'amendments' to the SEZ Act. Rather we need to declare that we, the people of India, reject the very goalposts set by the US and imperialist forces and their pro-corporate agents within the nation's ruling class, and will not tolerate an inch of Indian soil to be turned into 'foreign territory' for 'Special Evasion and Exploitation' by corporates and MNCs. The official celebrations of Republic Day are, thus, a mockery to the cynical sellout of our sovereignty.
Human Chains were formed in all towns of Bihar and Jharkhand and also in other states. A huge human chain was formed in Patna which extended from Gandhi Maidan to Railway station. Thousands of agricultural workers, peasants, youth, students, and prominent citizens from nearby district including Hazipur, Nalanda, Bhojpur, Jahanabad, Arwal, Rohtas and Buxar, took part in this programme. People were shouting slogans like 'Hamara Desh, Hamara Adhikar, Nahin Chalega Ameriki Pradhikar', 'Scrap Indo-US Nuclear Deal', 'Stop grabbing agricultural land in the name of development', 'Scrap SEZs', and 'Stop attacks on the agriculture and the peasants'. Human chains were also formed in Betia, Samastipur, Mujaffarpur and Begusarai. While a massive protest march was organised in Siwan, and a dharna was held in Bhagalpur.
In UP, a protest day was observed on the day where issues of criminalisation and state repression in UP were also raised. In Lucknow, this was held jointly by CPI(ML), People's Democratic Front, All India Muslim Forum, Tahriq-e-Niswan, AIPWA, AISA and some other organisations. Protests were also held in many other district headquarters of the state including Deoria, Kushinagar, Gorakhpur and Maharajganj.
Human chains were organised in four mandal headquarters in East Godavari district in Andhra Pradesh. Hundreds of people joined hands in Kakinada in front of the Collectorate. Chains were also formed in Prathipadu, Yellaswaram, Tuni and other places. Human chains were organised in Tamil Nadu at Chennai, Tirunelveli, Namakkal and Erode demanding the scrapping of the nuclear deal and SEZ plans. This programme was taken up in all important centres in the country.

BJP-Mulayam's Sinister Game-plan with an Eye on Imminent Assembly Elections in UP

CPI(ML)'s Peace March in Gorakhpur

The CPI(ML) has strongly condemned the attempts to escalate the communal riots in Gorakhpur and said that the basic motive behind these riots is to create a communal polarisation in the wake of the imminent Assembly elections in UP. The Party demands a high level inquiry into these incidents and has said that the Mulayam Govt. has in fact given a free hand to local BJP MP Adityanath who is notorious for flaring up communal passions in the eastern UP for a long time. The same person, along with his Hindu Yuva Vahini, had also played an active role during Mau riots few months back. The CPI(ML) calls upon the people to foil the communal designs and give a befitting reply to the BJP as well as the SP govt. led by Mulayam Singh by bringing the basic issues of the people to the forefront in UP politics.
The Party organised a peace march and dharna on Jan 28 in Gorakhpur and demanded strong action against communal elements including the BJP MP Yogi Adityanath. A two-member investigation team of the Party comprising of State Committee members Yashwant Singh and Rajesh Sahni visited the affected areas on Jan 27. The team said that the attempts to create communal tension were on since the day of Vasant Panchami with tacit involvement of local SP leaders as well as Adityanath and his Hindu Yuva Vahini. The petty incidents were consciously given a communal turn in order to take benefit from a communal polarisation at a time when elections are due and the Mulayam Govt. has completely lost its credibility and the BJP has utterly failed in increasing its support base. The administration did not take any action against the communal elements, rioters and criminals in spite of the fact that the tension was prevailing in the area.

Land Acquired in 1964, Full Payment Still Due in 2007

While the central and state governments are not shy of repeating their 'resolve' to grab lands of poor peasants and give it to big business houses for SEZs and other projects in the name of 'development', we can have a glimpse of the future by looking into the past through an example of one land acquisition that was done in 1964 in the presence of the then Prime Minister Jawaharlal Nehru. Nehru inaugurated the Gandak Irrigation Project at Narayani river near Balmikinagar in Deoria district of UP on 19 May 1964. The project was later extended to ten districts of Gorakhpur, Azamgarh and Basti regions during 70s and the flood control was also made a primary objective besides the irrigation. It is a different matter that this project entirely failed in fulfilling its basic objectives but the peasants whose lands were acquired are still awaiting the payment of compensation money which has not yet been paid in full and the remaining balance, according to an estimate made in 2004, still exceeds 36 crores of rupees. Some of the contractors who amassed huge money from this project are now the leading figures in ruling class parties, including some MLAs and Ministers.
The CPI(ML) and Purvanchal Kisan Sabha are conducting a movement for the full payment to the peasants for last one year and protest demonstrations, dharnas, etc. have been held so far. On 10 Jan. party organised an indefinite hunger strike at Bhatpar Rani tehsil in Deoria which was lifted on seventh day after an assurance by the officials. This agitation has once again raised the hope among peasants while the Party has planned to further expand and intensify the struggle till the demand is fulfilled.

ACTIVITIES

Cadre Workshop in Jaipur

A three-day cadre workshop was held in Jaipur from 26-28 Jan. This was attended by leading cadres from different districts in Rajasthan including Jaipur, Jhunjhunu, Udaipur, Banswara, Ajmer and Jodhpur. Classes were held on basic party programme, party history and party organisation. Comrade Ramjatan Sharma, member of the Polit Bureau and in-charge of the Education Department took the classes.
Comrade Ramjatan Sharma described in detail about the people's democratic state, importance of the democratic front and the revolutionary path. He told about the lack of democratic space at grassroots in a semi-feudal semi-colonial society and said that the phase of democratic revolution must be completed first by making the agrarian revolution as its axis. He also emphasised on the direct participation of the masses in this process.
Rajasthan State Secretary Mahendra Chaudhary and CCM Srilata Swaminathan also addressed the workshop. Comrade Amar Yadav, MLA in Bihar, was present on this occasion. On the concluding day a detailed discussion was organised on party's work in the state in the light of the directions of the Bardhaman Convention, and some tasks for the future were decided.

Singur Continues to Simmer

Over 300 CPI(ML) activists were arrested by the police on Jan. 27 when they were marching towards Singur to break the prohibitory orders imposed by the WB Govt. The work at the Tata Motors small car project site has already begun under heavy police presence. The protesters were led by the CPI(ML) State Secretary Kartick Pal and SC member Sajal Adhikari. The police stopped them on the Chapadanga-Baidyabati road and took into custody.
People of Singur and Nandigram continues their protests against the forcible land acquisition for TATA’s factory and a Special Economic Zone (SEZ) respectively. The peasants set fire to fence posts at the TATA car plant site. The villagers are continuously attempting to burn the post by throwing kerosene soaked jute bags to the poles. In Nandigram too the people are demanding a permanent moratorium on land acquisition and scrapping of SEZ Act 2005.

Initiatives in Siwan

When a devastating fire engulfed 76 houses in Tiar village in Darauli block of Siwan in the summer of 2006, the local administration did not distributed the food-grains promised as an interim relief in spite of the fact that the CPI(ML) MLA Amar Nath Yadav raised this issue inside the State Assembly. When all attempts went into vain, Comrade Amar Yadav organised a gherao of the concerned officials on Jan 17 and declared them hostage. This forced the officials to immediately distribute the food grains on the same day.
The CPI(ML) organised a gherao of the sugar mill officials in Deoria in UP, which borders Siwan, and succeeded in providing higher sugar-cane prices to the producers of Siwan district who were getting lower remuneration prices than the UP farmers.
One bigha of land was captured on Jan 21 in Kumti Bhitoli village of Darauli block and redistributed to the landless for house-sites. While the police let loose its reign of terror in about 15 villages when a piece of seven kattha land was captured in Barkamanjha village in Mairwa block on Jan 24. This was opposed by the feudal goons of the area who organised an attack on the landless people. Later, the police came to defend them and arrested 23 people falsely implicating them under serious criminal charges.

When the 58th Republic Day celebrations were on ...

The national capital celebrated the 58th Republic Day amidst 'tight security', with barricades and 'no entry' for the common public on all the roads leading to the venue of the celebrations, turning it into a fortress for the VVIPs in a sealed city. Thanks to the media - both electronic and print - which brought the images of the celebrations, the parade, the colourful tableaus (jhankis), etc. to the public. The media, on the same day, also carried some 'jhankis' of the real life in our Republic, where the rulers are said to be 'by the people, for the people', as --
> 45,000 children got missed every year, i.e., 123 children everyday fall prey to the forces of the underworld.
n    NOIDA, a much publicised model of modern India, has turned into a crime city and has recorded 84 cases of kidnapping and murders and 169 missing; the Nithari count is yet to be completed and the vicious organ-trade racket is yet to be unearthed. While the crowd who beat-up both the accused of Nithari inside the court premises were charged with the 'abuse of law'!
>   9 tribal girl students killed, 14 injured and 18 missing when a residential school building collapsed in Tichakpura in Gujarat.
>   More than a dozen schools under Delhi's MCD have just one toilet for over a thousand students.
>   Farmers's suicides in Vidarbha go on relentlessly: the first three weeks of January have seen over 50 suicides in this region. While the Maharashtra state government's own website concedes that over 1400 suicides took place in only six districts during 2006.
> It is immaterial that one may face starvation death or forced to suicide, but if someone opposes SEZ or refuses to handover his cultivable land to the Govt. for the corporates, he is liable to face police brutality and to be charged under criminal code. Protesters in Singur greeted with brutal lathicharge once again, a day after the Republic Day parade.
> "Justice still eludes poor", remarked Justice GS Singhvi, Chief Justice of Andhra High Court, on the eve of the Republic Day (that too, in the time of a pro-active judiciary!) -- In fact, matters have gone from bad to worse.
>   Malayalam writer Dr. Sukumar Azhikar turns down Padmashree award, saying that he always opposed the concept of Padma Awards and that the selections for these awards is shrouded in mystery.
            And there are many more things which even our media failed to pay proper attention they deserved, one among them is --

>Langtuk Phangcho, a sociocultural activist, a CPI(ML) leader and AIALA National Councillor in the North Cachar Hills in Assam was kidnapped by the armed outfit UPDS on 22 October. He could not be freed even after 100 days. All the high offices of our Republic from President, Prime Minister, Governor and Chief Minister to local police officials have preferred to remain silent despite repeated requests for his safe release.