how can their bill be called ‘Jan Lokpal Bill’!

Past few days at least in the 24x7 news Channels the only one news which is Team Anna and so called Janlokpal bill. 24x7 news channels seems to be projecting that this is the 2^nd freedom struggle, the voice of Anna Team is the voice of Indian. People who have not seen the JP movement says that this is the only movement that brought thousands of people in the street, feel these people are neither able to read or able to understand what is happening around.

It is also become an fashion to people if you say that you have reservation with respect to Team Anna then they say that I am not against the corruption, this reminds me what Bush said when he was waging war against the terrorism “you declare either you are with us are with them” now Team Anna saying the same thing that either “you are with us or with them” is this be called democracy.

It is important for us to remember what Dr B.R.Ambedkar said, in his last, visionary speech after the submission of the drafted Constitution on November 25, 1949. He warned of three possible dangers to the new-born democracy.

1.      These related to social and economic inequalities,

2.      the use of unconstitutional methods,

3.      and hero-worship.

Dr. Ambedkar first pointed to the contradiction between equality in politics in the form of one-person-one-vote and the inequalities in social and economic life. He argued that for political democracy to succeed, it needed to be founded on the tissues and fibres of social and economic equality. He warned that we must remove this contradiction at the earliest possible moment, or else those who suffer from inequality will blow up the structure of political democracy. Although we in India are trying hard to reduce the vast inequalities that exist, the working of political democracy is already under heavy stress due to discontent in some parts of country.

Dr. Ambedkar's second, and more important, warning in the present context related to the methods to achieve social and economic objectives. He urged the people to abandon bloody as well as coercive methods to bring about change. This means abandoning methods of civil disobedience, non-cooperation, coercive forms of satyagraha and fast. Referring to the use of these methods during the British period, Dr. Ambedkar observed: “When there was no way left for the constitutional methods for achieving economic and social objectives, there was a great deal of justification for unconstitutional methods.” But using them since that period, in his view, was “nothing less than the Grammar of Anarchy.” He advocated that “the sooner they are abandoned, the better for us as a nation.”

Dr. Ambedkar's third warning related to “hero worship.” He was immensely concerned over the political culture of “laying down the liberties at the feet of great men or to trust them with powers which enable them to subvert their institutions.” He believed that there is nothing wrong in being grateful to great men who have rendered life-long services to the country. But there are limits to gratefulness. No man can be grateful at the cost of his honour, and no nation can be grateful at the cost of its liberty. This caution is far more necessary in the case of the people of India than in the case of any other country, for in India, bhakti, or what may be called the path of devotion or hero-worship, plays a part in politics, unequalled in magnitude to the part it plays in the politics of any other country in the world, argued Dr. Ambedkar. He went on to add that bhakti or hero-worship in religion may be a road to the salvation of the soul, but in politics, bhakti or hero-worship is a sure road to degradation and to eventual dictatorship.

What Dr. Ambedkar said in 1949 is becoming true in letter and spirit in the case of Anna and his team agitation for so called ‘Janlokpal bill’.

What is at the stake today clearly is the secular constitution of the India, what team Anna is intending to do is to subvert the constitution mechanism and take a way the entire power of parlimentry privileges guaranteed under article 105 of the constitution. And also it is further intended to takeaway independency of judiciary stated part 5, chapter 4 of the constitution.

Very basic structure of the constitution distinguishes three different pillars of the state. Which is called doctrine suppression of power from executive and legislature? What Team Anna’s proposed so called ‘Janlokpal Bill’ intendent to take away the very basic doctrine suppression and bring everything under one superpower body.

The preamble promises to secure justice “social, economic and political” for the citizens. A peculiar feature of the Indian Constitution is that it combines social and economic rights along with political and justiciable legal rights. The preamble embodies goal which the State has to achieve in order to establish social justice and to make the means free in the positive sense.

Its seems to be the according to team Anna India’s only problem/biggest problem is corruption. What is ignored is much deep routed problems exist in this country/society such as issue of caste system issue of caste, gender, displacement, tribal etc., various other socio economic issues even though much uglier but not being either noticed or did little in order to eradicate any of this issues.  We are not saying that corruption is not an issue, of course it is. But what we saying is the economic, political, socio economic politic corruption. Which team Anna seems not interested at all. What surprising me is that team Anna is not given a call or not even declared from all is followers that neither I give bribe nor I receive bribe. What minimum can do is declared the people who have come to street today in support of Anna at least declare that “I don’t give bribe I don’t receive bribe”.

I had an occasion to discussion number of people who claim to support team Anna non of this people have red Lokpalbil or Janlokpal Bill, forget reading the debit on the Lokpal Bill the not even red basic structure of the constitution. I appeal this people who talk about democracy and declare the democracy is dead just because Janlokpalbill not accepted as stated by team Anna, to read the constitution of India.

Anna and his team should recognize that for a new democracy like ours, which is operating within the framework of undemocratic relations based on the caste system, constitutional methods and social morality need to be cultivated and promoted with a purpose. The Lokpal Bill is too important a piece of legislation to be passed under threat and unreasonable deadlines. All its aspects need to be discussed with extreme care and with consensus among all sections. Dalits have begun to express concern about its implications for them. In a society where the anti-caste spirit and prejudices are present in abundance, they feel that given its proposed wide-ranging powers, it may be misused.

Team Anna should realize that the Indian Constitution provides ample opportunities for advocacy, through discussion and lobbying with parliamentary Standing Committees, Groups of Ministers, the Ministers concerned, the Prime Minister, courts, and above all through a peaceful agitation. With several political parties on their side, the possibility of reaching a middle ground is high. Experience with constitutional means shows that civil society activists, through their constant struggles, have persuaded the two successive United Progressive Alliance governments to acknowledge several basic rights and convert these into laws. The right to employment through the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), the right to information, rights under the Forest Act, the right to education, and now the right to food, are some of the revolutionary measures that civil society has been able to accomplish through constitutional methods. It is an opportunity for Team Anna to use constitutional methods and enhance the faith of people in these; otherwise Team Anna will convey the message that only coercive and unconstitutional methods work.

As Dr. Ambedkar observed, due to certain aspects of Indian culture our people are highly vulnerable to hero-worship. How a yoga teacher could convert yoga devotees into religious devotees and finally into political supporters within a few years' time is a classic example of what hero-worship and bhakti can do. Another religious preacher has threatened that he would use his religious followers for political end which he thinks does not require discussion with them as they follow him in whatever he tells them to do.

Today’s people who are campaigning for the Team Anna are the same people who try escape by not paying the traveling ticket in the bus, same people who force police to take bribe while they are caught for drink & drive, same people who smoke in public by violating law. They are also the same people who bribe to visit any of the temples they want to visit. How does the law will bring the change if they are not ready to change in themselves? What is required is the education for the people not to give the bribe. When there is no one to give bribe then it is easy to eradicate/ catch the people who demand the bribe. The biggest issue is not just about only people, who demand the money but it is also the people who give the bribe.

At the end Team Anna need to know that Parliament Members are the leader’s of Jan and not the Team Anna who do not even have a Lady member in their drafting committee, who represent around 50% of Indian population, there is no representation in his team who represent 8.8 % of Tribe’s, who represent around 18% of Dalith, who represent around 53% of OBC’s, and Who represent around 16% of Minorities, how can their bill be called ‘Jan Lokpal Bill’!

Check out Tehelka - India's Independent Weekly News Magazine

Check out Tehelka - India's Independent Weekly News Magazine

Money has no value!

Till recent many places around Bangalore was far away from Bangalore city. Even though it’s hardly 30 to 40 KM, traveling to city was un-common, in fact it was extraordinary if someone visit city. People have counted each rupee I still remember looking at Rs: 100 notes was something very big. To hold 100 Rs Note he/she must be really rich. Biggest pickpocket use to happen from parents pocket is either 50pica or 1 Rs.  Definitely not more than that, even taking 50 Pise or 1 Rs uses to be big task. I am not talking about too long, it use to be the case till late 90’s.

I remember we use to get one Anarkali (one of the bekari food) for 15 Paisa, and 20 paisa for Dil-pasand and if I pay 50 paisa and buy something called Kadalepuri at Shanimahatma temple near my school I could walk for at least 2 KM from my school (it was 8KM walk to school from my village and back) to village and then look for some froot either in the forest or in some one’s farm for the rest walk to reach home back on Saturday afternoon.

The land cost was very less till recent days, only after the airport project the land prices have gone up in our area. Now people do not talk in thousands or lakhs of rupees, but they talk only in crore’s of Rupees, students carry 500 Rupees notes. The Indian corruption has been spoken in thousands of crore’s of rupees. The present days each politician and his corruption has over shoot the Indian 1^st few 5years plan’s total budget.

What surprised me is not amount of money involved in corruption, what surprised me is that the money has actually has no value in this system for many people. How did that happen? There are thousands and thousands of people even today struggling to earn Rs:100/-per day, and the other side there are people talking in the language unknown to these people. Is this what our government achieved in this 61 years of our constitution, where it declared that, all are equal before the law and the state should work towards making all the people equal, equal in terms of equal states, equal dignity, equal life style.  There are people becoming richer and richer and there are people becoming poorer and poorer.

Was thinking of this aspect for a long time but what made me to think more is what happened last week with few boy’s in our village.  

This boy who was my school-met in our village, who is also from agricultural family baground has lots of land in their name, but due to some issues in their families they are struggling to sustain their life in the village. He has many sisters who got married and there are still some who is yet to get marry. (In a rural set up girl marriage is still issue, there is still demand of dowry, and this is the case of the many landlords in the village). He had gone to buy a bike with help of another boy and finally ended up in buying a stolen bike without knowing. Later when they realized that the bike was stolen and they did not know what to do his friend tried contacting the owner and managed to get in touch with the owner and it seems to be that they have asked the owner to give the money which they have paid and take the bike. (up course there are contradictory statement with respect to this). The owner has told them that he has lodged the complaint and he is willing to give the money for the bike. Subsequently the police had taken these boy’s in to custody.

I am not making any statement with respect to the method they have adopted to return the bike back to the owner. It may be premature since I actually not able to speak to them properly on this issues. But what has happened there after is very important.

The matter reached to me only a day after the arrest of one person, and then I decided to go to police station and see what can be done. I went to police station, there were many people from the village present they seems to be already had one round of talk and now I joined them in the talk the inspector insisted me that I should keep the other guy present before them and then he is ready to do his best for these boys. He also ashore that he will not ill-treat, and also he will not file any case if there is no case against them. It’s hard to trust the cops from my activist experience and also as an advocate experience, but today we had no choice. We could have approach the court and seek an anticipatory bail which may take an about 2 weeks but the issues was not easy even after the anticipatory bail, that’s when decided to keep the other boy present and I undertook that he will be in the station by evening. I sent word to the boy and asked him to be present in my office by 5PM and then I could take him to station.

It seems to be many people have joined to release these boys. Now there are different people called me and his arrival to my office got delayed and he did not reach me even though its 9PM, then I decided to go home. What I heard later is that another delegation has reached the police station in the night and had conversation (I am not aware of the conversation and no one had briefed me as well) and it seems to be that the inspector refuse to talk without keeping this boy present.

Next day morning again I got the call and this time I was thinking do I really have to go? but then thought forget what has happened and let see what best can be done, so decided to go. By the time I reach the station there are many people having conversation and when I reached it seems to be normal. The inspector asked me why I could not keep this boy present last night as stated by promised. He further told me that now the issues is resolved and I will file a small case against them as promised by me and you people should do as promised by you. I was not known what was promised and asked him what is the promise from our side, for which he said these people have agreed and you can talk to them and then he went out.

It was shocking I asked the people who are present in that meeting what was agreed for they said “ONE” I did not understood, one thousand is very small may be then thousand I asked them they said no ONE LAKH WHAT! Who will give I know both the boys that they are not in any way capable of paying any money and now where do them bring this money? I tried telling them it not possible and one should not have accepted for the same.  

We came out and had discussion among the others who were present outside the police station, they were equally shocked. Then I told the inspector that this is not possible and requested him not to demand money. It seems to be he was not ready. I left it as it is. Meanwhile there are more people came and said we will speak to home minister, we will speak to some other officer, we will get some big advocate, and get them out, but I know at the end of the day no one spoke and no one added any useful input to the case and I know at the end of the day in all this mess I was the villain in the eyes of the inspector.

Later in the evening I again went to court and manage to file the bail application and got them out 2 days later on bail.

What made me to think is this “One Lakh” Rupees how easy it has become to talk in that language where a common men has to work may be 3 to 4 years to earn this much of money is been demanded in les then a second and agreed to pay in les then a minute.

Corruption

Recent politics in Karnataka made me to think and think, very seriously. Specially the people who are in the news and the people who are behind the news.

I recently received this SMS from some on my phone, which made me to think even more, the SMS which I received reads as fallows:

“ Urgent opening for CM Post in Karnataka, interested candidate may sent their resume to BJP office in Bangalore salary 100 Crors, incentives depends on the criminal record”

Few days ego I have seen a poster put all across the Bangalore by ABVP calling students to join for a protest to fight against central government and its involvement in 2G spectrum corruption. I actually stopped and re read thinking that I might have left some thing in the poster, but no I have read correctly except Central Government there is no other government names. The message was clear it was a protest against Central Government on the 2G spectrum corruption, nothing else.

After the Court thought I will go home and have lunch and take a small break from the day so I went home around 2 in the noon. These day I have almost stopped watching news channels, simply because I remember my child hood we did not had any TV in-fact the TV came to our village some time in late 80's ( and to your house some time late 90's) but we are all use to listen the news from the AIR form our radio. Some time the transmission was very bad mostly because of the place the radio placed or the antenna in which it was placed (I remember at the end of 10^th stranded I know what is the problem with the radio and how to repair it). My father never missed that news and it seems to be thats how even I have picked up to listen to the news. Mostly on that time the news use to be read out and we know what we are hearing. Today things have changed people do not read news in the electronic media and the news is fully opinionated, in addition to this for some reason they think that they are very powerful and they act as if they are clean and have no where facilitated to the facts.

Any away that apart what was happening/ is happening in Karnataka makes every one to eager to know where we are, its also because our 'Benevolent Chief Minister' and his statement makes us angry and also eager to see whats happening that's when thought let me peep in to the news channel, and thats how I put on the TV for news.

What was shocking is this guy 'Girish Mattannavar,' a Sub-Inspector of Police who was suspended for allegedly planting crude explosives in the Legislators' Home here some time in 2003 as part of his claimed fight against corruption, joined the BJP immediately in the year 2004, was addressing the press. What is said was very interesting, he is not speaking any thing against the BJP and the corruption charges his party facing but saying that he 'need to build army to fight against the corruption'. This is the other incident which also caught my attention.

Looking at what is happening in Karnataka and the statement made by their one political party worker, respectable people and people holding respectable post in the state indulging in bad, crude, unethical, corrupt political practices and talking about how to eradicate the corruption in the system makes me remember a line said in Kannada “Beline Heddu Hola maidange” This not just with our leader its also with our common people specially the urban middle class, who are suddenly woken up for the issues of corruption has no problem in paying bribe to police when they were caught up while drink and drive.

How do we see all these things non of us are ready to repair our house, non of us ready to see what mistake we are committing but we are ready to talk, debate, write, discuss, go to street to fight things outside the house not inside the house. This reminds me what Dr. BR Ambedkar said 'Fighting against the outsider is easy but fighting against the insider is not so easy'

Village School

Yesterday just when I was almost ready to wind up for the day I got a call from my village friends, they studied along with me from '0' to 7^th. They normally call me once in a while or whenever they were in this side of the town and all the time they insist that I should spend time with them and I am also very happy to spend the time but my schedule does not allow me to do the same. I hardly have time for my self then where do I have time for others. This time I made up my mind and said I will go out and have glass of whiskey with them, and I took them to North Wind near my office and it was good fun.

We seems to be speaking non stop, the questions which we did not had answer when we were kids or we did not dare to answer that time. It seems we feel comfortable in sharing and talking in what we were doing and how were doing when we were kids in school, thats were I think people say that there are lots of thing to be spoken and shared with the child friends. We were bunch of naughty (in good sense) boys, what not we have done, building gangs, contesting election to become the monitor of the class and capturing booths and inshore that we win!

This monitor post is very important in the village school. He has many powers including prosecuting fellow class-met in case if any violation of rules in the class. No child if there is no teacher in the class room keep quite, since there are gangs small fight are normal, and also talking in the class is also normal, this talking may many time lead to gang fight in the class and some time outside the class as well. That's when the monitor role comes in to picture. In case if any one talk or pickup quarrel in the class room, the monitor will have to write their names on the board or in a slip and give it to teacher. In case if the monitor write the names in chit and give to teacher we do not know who's names he has given till the teacher come and asks us to stand up. In that case their will be fight out side the school mostly in the evening or any subsequent days. Teacher was also not so keen on this because if names written in chit one actually do not know that your names has been taken or not and you will realize only when the teacher come that never use to work as a good strategy to stop the galata in the class, how much the teacher also beat the students. Getting beaten up in the class for some or the other reason is normal most of the day. The other method worked many time which is writing the names on the board. This is quite funny some time when the monitor write the name of the students on the board there will be spelling mistake that time every one use to laugh in the class this time the monitor will get beatings by the master for spelling mistake. Eventually there will be some compromise and gangs use to force the monitor to remove the names. Some time there will be difficult to compromise on that time we use to create the big galata even to the extent to physical fight with the fellow class-met, when there is a contradiction in the names written on the board and the fight is bigger the teacher normally never discriminate including the girls on that day every one will get lati taste, this is quite fun because including the monitor get the taste of Lati so every one is happy normally except monitor. He being monitor getting beaten is not good in the class!

Till 4^th standard it was only our village students so normally either me or the other one use to become the monitor, and I was either the 1^st monitor or the 2^nd monitor so it was not an issues the real competition started in 5^th stranded because for 5^th standard there were students form neighboring village as well, but that did not bother me much because I still continue to be monitor. When we went to 6^th standard the teacher decided to hold election for the monitor post, I contested it but I had lost in morgen. This is the year there were lots of gang fights happening in the class, and it is the time you do not have power and do not have strength to fight this people that is when we decided to do some thing for the 7^th standard election. This time we were actually minority but I did won the election thanks to our fellow class met for voting two time some people for three time. The teacher noticed this fact when he counted the total vote but he was not keen on inquiring and let it go.

There use to be two columns sitting one is for girls and other is for boys, my seat was in the first bench. If one count form the boy side I will be the 5^th person, if one counts form the girls side I will be the 6^th person. This is very important, because in Kannada there is some thing called meaning for difficult words, and it use to be difficult, we never know if he is going to start form girl side or boy side or back side or front side. It use to be difficult to remember the meaning for all the words so eventually we use to get beatings. I had adopted a easy logic either way I was max 6^th so I use to remember the first 10 from the top and last 10 form the top in that chapter. Now I am safe he can ask either from boy side or girl side or from front desk or back desk. It use to be difficult for them to remember the and eventually they will not answer if one fail then the next one is also fails the chain goes on so it eventually use to come to me and I use to answer. Some how the teacher noticed this and wanted to dig me in on that day he came about 6 rounds I was able to answer but the 7^th round I was stuck and got nice beating.

23.07.2011

New Prison

It’s been a while since I have actually spent time writing on the blog; both last week and this week were especially maddening. In addition to this, last Saturday, after running 14 KM I broke my leg! I could not even walk for almost two days. Finally, with the help of many people I was able to recover fast. But I did many things in those two days: I attended court, organized the party on Sunday (The Pork Party), which was pending for a long time for a few of my old friends. The party, on Sunday evening, was a lot of fun. These are also other reasons I was not able to write. At times, I think it’s just an excuse I am giving you all, but the fact is that I did not sit on my ass and start writing on the comp:). One also needs energy to write (I know this is another excuse).

But today I suddenly felt I am not writing and thought, before I step in to something else, I’d better finish what is pending; so I decided to start writing

There are lots of stories I wanted to write. Since there are too many I have to choose one for now and I thought I shall share this one with you all:

This is a case which I am handling and it’s a very interesting one (it’s actually sad). It's not a big case, it’s not a political case, nor is it some ideological case. It’s a case popped up on a simple ego clash on the street. It was very funny when I wrote the summery on the case file today “traffic offence blown out of proportion”. It is indeed a traffic offence but one really blown out of proportion; the poor guy, caught in the ego battle, ended up staying far away from his family for almost one year now, and I do not know how much longer he still has to suffer.

I suddenly remember reading 'Statement of Objects and reasons for Code of Criminal Procedure 1973,' for the purpose I quote the relevant provision which is:-

3. The recommendation of the commission were examined carefully by the Government, keeping in view, among others, the following basic considerations-
   1. an accused person should get a fair trail in accordance with the accepted principles of natural justice:
   2. every effort should be made to avoid delay in investigation and trail which is harmful not only to individuals involved but also to society; and
   3. the procedure should not be complicated and should, to the utmost extent possible, ensure fair deal to the poorer sections of the community.

When this client came to me two months ago, I actually did not invest time in reading. I thought, because this person is capable of dealing with the issue and he already has a lawyer, why should I think too much about it? But the matter has been refereed by a friend of mine so I felt that I should look into the matter but still thought 'nothing urgent' because the person is out on the bail so it should be fine. He wanted to change his lawyer and he insisted for me to take up the matter and I did accept to do the matter subsequently. Later I realized that people can be out of jail but they are not actually ‘out of jail’; they are again caged in a different type of jail (which made me remember what Prof. Babaiya told me once when we did a small study on prison conditions in Karnataka, he said, “we are in a big prison but they are in small prison” ). This guy is a foreigner here on a visitor visa and his family lives abroad. He has lost his mother after he was implicated in this case. He could not go and do last rituals because the court has put a condition on his bail for him not to travel, (this condition, according to me, is not right) assuming that he gets the permission to travel he does not have money to return to India for the trial since he is not employed and he has no relatives nor friends, except a few. So, in a way, he is caged, not in the small prison but in the bigger one.

You can’t classify him as imprisoned because the condition of a prison can’t be equated to being outside? But for him, it does not matter whether he’s outside the actual prison or inside. Sure, he can go for a movie, he can go and eat in any restaurant, he can meet anyone, he can walk around, but the question remains, where does he arrange the money to see a movie, where does he arrange the money to go and eat in a restaurant? Whom can he talk to? What does he do by walking around? That’s when my thoughts went to the objective of the code of criminal procedure.

Today, I tried insisting to the judge that the case should be finished as early as possible otherwise it’s harassment for the accused. It’s been almost one year that he has been forced to stay in this country. He then suddenly showed me the long list of the file that needed immediate attention; then I told the judge that my client is on bail but for all practical purposes he is not on bail and, in effect, he will have finished a one year sentence administered by this court. What I gained from all this was a court date not one and half months away but 'just Nine Days'. I hope this is one successful step and that he will not force me to read the objective of the code of criminal procedure to him on the next date and that he understands what my client is actually going through. Maybe if I put it this way, I hope that I will be able to convince him more easily and will be able to release my client from the bigger prison that he’s confined to right now

State response to civil society resistance in Karnataka

The long saga of Karnataka being the experimental state for BJP in South India has come true in the year 2006, when for the first time JDS +BJP formed the government in the state. Just after the government people said nothing will happen but they failed to understand that the BJP and its right wing groups own agenda was spreading across the state under our own nose. The result has just started to arrive in different forms if not in the true sense it’s on the way and its coming, waiting for us to have surprise!

The impact of formation of BJP government is in Karnataka in 2 different ways.

One is that the state from being secular has turned in to saffron and let unconstitutional bodies to come in to existence and gain more and more visibility and power even-though they have done un-constitutional act.

Two, to suppress any kind of resistance systematically towards the state, and ensure that no one raises their voice/dissent towards the state, and by suppressing the resistances infiltrate the non-secular idea in to force.

Its very interesting to see how the the BJP government manage to achieve/supported the first goal,

The very few first thing the BJP government has done is to promote its ideology and boost its activists to continue their activities in a big way is to ensure that there is no prosecution against their activists. As a result assembly note withdrawn 61 cases pending against, its activists for the offences like 153(a) 295, including section 307 of IPC, but no single cases have been withdrawn against the any other people except sang parivar groups, that to even there is a note from the DOP, POLICE that the cases should not been withdrawn.

Further it continued when there was an international level discussion was happening with respect to the famous Pub attack in Mangalore by the Srirama sene activists the government decided to withdrawn 11 cases in Chikmagalore dist alone in with the chief of Sriramasene Pramod Mutalik was involved in 3 cases of 153(a). Government instead of arresting the people instead of prosecuting the people went supporting the actions of these un-constitutional bodies which were gaining power in the state.

When the state refuses to prosecute the people on one side and decides to withdraw cases filed against them on the other side, this un-constitutional elements grow in full swing all across the state, many attack took place on the churches, many attack took place where the different religions boy and girls were meeting or traveling together, including the threat to everyday and the attack which took place on every day all across the state. Home minister being the head of the state police machinery always justified what the police did or what the organization like sang parivar did.

And when any one took complaints before the police in this regard were either sent back or cases were booked against the people who came to file a case for the attack which took place against them or in the fear in which they are living. In the Western region of the state its been the plight of minority groups people, who always got beaten by the sang parivar people and when they visit police station to file the cases the police have implicated in false cases against the people who came to file the cases and beaten and sent to jails.

If any one questions this kind of activities of the police they are also being booked in number of false case and sent to jails.

There are numbers of such examples we can give almost every day these incidents are being repeated in the state specially after the formation of the BJP government.

The un-constitutional elements are gaining more and more power in the state and they are being un questionable/ uncontrollable in the state. The government is boosting them by either not booking the cases against them or by withdrawing the cases filed against them or filing the false cases against the people whom.

We have seen how unconstitutional elements have taken over the state day after day especially after this government has come into existence. This being one part, the other major impact on this instant government or earlier coalition governments has been the number of resistance movements that have existed in the state on which the state has heavily cracked down upon and crushed them to such an extent that no one should ever raise their voice against the state in any passion. From 1990, we have seen a number of people’s movements which fought against the displacement, deforestation, mining, but that took a greater shift when the issue of the Naxal movement came to light in the year 2003, the year of the famous Iddu encounter. What happened subsequently was that in the existing democratic struggles a number of existing non violent struggles have been targeted in the name of crushing Naxalites and constantly read that these non violent struggles are the frontal organizations of the Naxal movement, and denied their very existence in fighting for the rights of the people under the constitution in a completely non violent manner.

More so, this kind of treatment further gets repressed by the very existence of this government because they have their own saffron agenda which was also opposed by the left extremist group. And with a constant threat towards saffronization, it was easy for the state to target people who raised their voice against the state, questioning the state saffronization. The State reacted against them by branding them as naxal sympathizers.

People like Vittal Hegde, the President of Kudremukha Virodhi Okkoota, have been targeted a number of times and booked in a number of false cases and harassed. We all know the involvement of Shringeri Mutt in right wing saffron organizations and the commitment which they have to them, and the power exercised by them which are questioned by people like Vittal Hegde, who stays in Shringeri and strongly criticizes the Hindutva Right wing forces and is being targeted by the Right wing as well as the police with clear instructions from the State. The other known person, Mariappa was constantly harassed. He was picked up on 6^th May but till date nobody knows whether he is alive or dead. When their family members tried to contact the police, neither were given any information nor was a case of kidnapping/missing person booked.

At this juncture, it is important to also see the number of naxals arrested by the Chickmagalur and Udupi Police. The courts have discharged some of the cases against these people and in some of the cases they have been acquitted with a trial. This being a big threat the Police department and the Government has now started targeting the civilians and arresting each one of them as supporters of naxalites. Last month, the Chickmagalur district alone has seen 40+ such arrests. This is also specifically after a Chandrashekar was picked up on 14^th April 2009 by Mudigere Police and his whereabouts were not known. When the police refused to give any information, people came out on the streets to protest and tried submitting a memorandum to the DC and SP. The DC refused to accept any such memorandum but orally assured that he will direct the SP to investigate into this issue. However, the SP refused to confirm that such an arrest had happened. Only when people decided to move an Habeas Corpus before the High Court, was Chandrashekar produced before the Magistrate Home Office in the late night on 16^th April. Getting hanger on such pressure put on the District Administration by hundreds of people, now the Police are concentrating on targeting each one of them and trying to book them in false cases. So far, the Shringeri Police have arrested 10 civilians. People belonging to Matohalli village area are saying that these people are supplying food and other materials to the Naxals. The Mudigere Police also arrested four quarry workers saying that they were supplying arms and ammunition to the naxal outfits.

In the year 2008, almost all the men in the village Heberi were arrested and falsely implicated and they are still running to the courts. On the other side, a number of students and civil rights activists were also arrested by Shimoga Police saying that they were raising funds for the naxal outfits and booked them in a number of cases to ensure that they will not be released easily.

The police are also threatening the villagers in the surrounding areas that they should not raise their voice or question any arrest or detention carried out by the police and that no one should offer sureties before the court for any such arrest if bail is granted by the court. They are also threatening them that in case they go to the press about the existing situation, they will be arrested as well.

What is more shocking is the attack on advocates last year at Sirimane Falls and the response provided by the Home Minister was that when such a situation can exist towards the community which defends constitutional beliefs then what will be the normal citizen’s plight. Till date even after initiating complaints even though the police recognized the occurrence of such untoward incidents but they refused to hold the Police responsible for such untoward incidents and take appropriate action accordingly. If this is the case of the advocates then what will be the common citizen’s status?

It is also pertinent to note what happened to Advocate Naushad in Mangalore who was killed in Mangalore. Advocate Naushad was the only lawyer in Mangalore who took up controversial cases in which police encounters were involved where he has alleged in the court that accused would be killed in the name of an encounter by the police where they actually did happen in the past case. He had strongly objected to the granting of police custody in another case, and got shot dead the same evening. A very senior member of the Bar having 55 years of practice in the bar made a direct allegation that the Police were involved in his killing and filed a complaint against the police officers. However, the state has refused to comment on this issue. At least as a policy it would have been appropriate for the Government to hand over the investigation to the CBI instead of the State Police even when such a serious allegation was made on them. Even after such a huge protest, the Government continued to be silent and made no comments on it.

It is equally important for us to remember what happened to Proff Hassan Mansoor. He is and his work in the sector of Human rights in Karnataka, when he filed a case before the State Human Rights Forum for alleged harassment to the minority community in Bangalore the state human rights has directed the police to file response for which out city commissioner who was in state intelligence states

Sri Hassan Mansor is basically a teacher who later become the president of People’s Union of Civil Liberty (PUCL) which is a front organization of the left wing extremist (LWE) and the present CPI (Maoist) party. Earlier, he was also associated with the Peoples war group (PWG) a militia wing of LWE. After his retirement in 1991, he is residing at # 46, wellington street, Richmond town. Bangalore city and actively associated with the left wing extremism (LWE) activist.Sri Hassan Mansorr is a converted Muslim.

What shows from these kind of responses by the police department is that, if any tried to raise their voice against the State or try question the authority they will brand them as so on so and en shore that he /she will be isolated, branded and implicated in these factions.

Every one of us know what PUCL stands for and every one of us also know what Porf. Mansoor stands for we don’t need any character certificate from state or the Police Agencies about who. What is important for us also in if the state of Prof. Mansoor is like this and what will be the ordinary citizen and the implication of an ordinary citizen for raising the voice against the state.

What is clear is that on one hand there is a unconstitutional body taking over the State’s functions and on the other hand is the State refusing to respect the Constitution by being unconstitutional and trying to saffronize the entire state, thereby destroying any resistance which exists. Binayak Sen in one such example in Chattisgarh, a huge public figure sent behind bars for raising his voice against the State’s atrocities and in Karnataka this is being repeated in a number of such incidents including killing of people either by state directly or by sponsoring/supporting indirectly in killing the people and destroying the resistance by killing the other voices that exist. It is high time that we spread awareness across as to what is happening locally and relate these issues nationally by fighting against this kind of terrorism brought by the state.

The kind of resistance which middle class people in city like Bangalore have shown when the issue of moral policing came in to question in big way. Specially people like Mutalik and Home Minister Mr Acharya making nonsensical statement on these issue is what reminds and gives strength and there are many things for us to learn from them as well.

One section of people thinking of the kind of protest of Pink Cheddi campaign, Defend the right to love, and subsequently formation of Fearless Karnataka its equally important of the kind of the people who came out of their houses to protest and the demonstration which took place infront of Police commissioner of Bangalore and the director general of police Karntaka is such a spontaneous and encouraraging enough for number of us and a reare hope of resistance in a different.

Byatha N Jagadeesha