Making the Steam Roll: A Personal Narrative of a Locoman

- Dharampal / Comrade Burmee  

I 

I came to India on January 8, 1965 as an Indian repatriate from Burma. My friends call me Burmee as I came from Burma. The coup took place in Burma in 1962 and every bit of business was nationalized. 

Every businessmen left for home in the evening after closing his shop or establishment. (There was not a single factory in my birthplace Tannggyi, the capital of Southern Shan State). One day in 1962, when the shopkeepers returned to open their shops, they found to their astonishment that two military personnel were on guard at their shops and they were asked to hand over the keys. It was announced that everything was nationalized and nobody, not even the Burmese nationals, have the right to run any business. 

The bazaars and eatery shops were allowed to run as before as it involved no direct business but were dependent on traders to buy their stuff, prepare it and sell. 

The same day the currency was changed and the entire nation was in a fix and all were finding it very hard to digest but there was no rebellion. Everything was accepted as Gods’ will. 

My parents had settled in Burma in late 1920s and I was the youngest in my family. My elder brothers and sisters could not get proper education because of the War. They were unable to settle in one place. 

I was born after the second world war and my parents were able to send me to proper convent school, St. Anne’s Convent High School, run by Italian missionaries. My entire schooling up to matriculation was done in this school. I was in first year of college when I was refused the citizenship though I was born there and was a state football player. 

Though no one was asked to leave the country, people started leaving the country for their countries of origin like India, Pakistan, Thailand, Australia and other countries. In the same way my parents thought of sending me to India as they thought my future in Burma was very dim. 

I joined the Railways when the transition from steam to diesel and again to electric locomotive engines was taking place. More importantly, I am also one of those railway workers who has not only been a witness to, but has been actively involved in the most glorious and militant period of labour politics in India. 

I was appointed as a loco cleaner on March 3, 1965 in Old Delhi loco shed. Though the duties of loco cleaner was to clean the steam locos, rubbing the engines, to collecting the token from the time keeper. The job was almost like a contract work. Once a group of cleaners had gathered, a jamadar would distribute the work to everyone. The other part of the engine to be cleaned meticulously was the smoke box from the wastes that had gathered there. But apart from merely cleaning it we had to make it shine too, and because of my English language skills I was put to work as a telephone attendant. After sometime I was asked to work as coal checker. My work was to note the amount of coal in tonnes in the incoming trains, to keep a record of the loaded coal etc. For almost three years I continued this job. 

In January 1968 I was transferred to Tughlakabad (TKD). I was allotted a quarter at the railway colony in TKD. My quarter was very close to my heart for many reasons. My entire working period as a fireman, Diesel Assistant, trade unionist, political activist, happened during my stay there. The best part is that I met my lifelong friends there. Hard work apart, I enjoyed my days off, always involving myself with one activity or the other. At times I went to workers colony, where many of the firemen and drivers whom we used to call Purabias because of their specific local dialects, stayed. I still am not clear to which part of India do they belonged to. Usually they would prepare a chillum (a pipe to smoke marijuana) and sing songs in their own language which I used to enjoy. I still remember a few lines. On other days I used to sit along with my colleagues and over a peg or two and sing Ghalib or Cliff Richard. Because of my Burmese background I still could not write Hindi. I could only speak it. In order to sing Ghalib’s poetry I used to write it in Roman English, understand the meanings and the pronunciation and then sing. For me life without music is just not possible. 

Once in a month I used to take my family for a movie or trade fair or whatever outing was possible. At times I used to go to Jawaharlal Nehru University (JNU) and spend the night with my student activist friends. I happened to read Zola’s Germinal and to my surprise the Railway Colony was almost the same. The abuses, the quarrels, the fights among the workers were the same. 

[Action alert] Protest Against Sexual Violence and Misogynistic Police Force

Join the Protest Against Sexual Violence and Misogynistic Indian Police Force. Organised by Women’s Organisations along with other Progressive Organisations and Individuals. Monday 22nd  April 2013 at 12.30 pm at Jantar Mantar, New Delhi.

Since the December 2012 gang rape case in Delhi, many cases of violence against women and girl are being reported with frightening regularity. The shocking incident of sexual assault and brutalization of the 5 year old girl in Delhi and that of the 6 year old girl raped and murdered in Aligarh are the two recent ones that have been reported. Over and over again, the police has failed to discharge its duties and has proved itself to be corrupt, ineffective and often violent.

In case after case, women, their relatives and supporters continue to be harassed and those protesting inaction of the police are being thrashed. In the Delhi case, we protest the calculated delay in filing an FIR, attempt at bribing the family and the audacity in assaulting the woman protester. We also protest the physical violence perpetrated by the police in Aligarh on women protestors, as well as the insensitive remarks of the SSP (Aligarh), Amit Pathak about the little girl who was murdered. Suspending police personnel is mere eyewash and NOT enough! We have to make sure that all those who have attempted at subverting justice are chargesheeted and dismissed. We have to hold police personnel accountable under the various provision of the newly promulgated Criminal Law (Amendment) Act 2013. We also demand that police reforms be initiated and put in place.

बंगलादेशी जनउभार और भारत की मुर्दाशान्ति

- किशोर झा

सन २०११ में भ्रष्टाचार के खिलाफ अन्ना आन्दोलन में उमड़े हजारों लोगों की तस्वीरें आज भी ज़ेहन में ताज़ा है। उन तस्वीरों को टी वी और अख़बारों में इतनी बार देखा था कि चाहें तो भी नहीं भुला सकते। लोग अपने-अपने घरों से निकल कर अन्ना के समर्थन में इक्कठे हो रहे थे और गली मोहल्लों में लोग भ्रष्टाचार के खिलाफ नारे लगा रहे थे। इंडिया गेट से अख़बारों और न्यूज़ चैनलों तक पहुँचते पहुँचते सैकडों समर्थकों की ये तादात हजारों और हजारों की संख्या लाखों में पहुँच जाती थी। तमाम समाचार पत्र इसे दूसरे स्वतंत्रता आन्दोलन की संज्ञा दे रहे थे और टी वी देखने वालों को लग रहा था कि हिंदुस्तान किसी बड़े बदलाव की दहलीज़ पर खड़ा है और जल्द ही सूरत बदलने वाली है। घरों में सोयी आवाम अचानक जाग गयी थी और राजनीति को अछूत समझने वाला मध्यम वर्ग राजनैतिक रणनीति का ताना बाना बुन रहा था। यहाँ मैं आंदोलन के राजनितिक चरित्र की बात नहीं कर रहा बल्कि ये याद करने की कोशिश कर रहा हूँ कि उस आंदोलन को उसके चरम तक पहुचाने वाला मीडिया अपने पड़ोस बांग्लादेश में उठ रहे जन सैलाब के जानिब इतना उदासीन क्यों है और कुछ ही महीने पहले बढ़ी आवाम की राजनैतिक चेतना आज कहाँ है?

Candlelight Vigil at Shahbagh

हमारे पडोसी मुल्क बांग्लादेश की अवाम युद्ध अपराधियों और फिरकापरस्त ताकतों के खिलाफ आन्दोलन कर रही है। यह आन्दोलन महज युद्ध अपराधियों के खिलाफ कार्यवाही के लिए ही नहीं लड़ रहा बल्कि एक धर्मनिरपेक्ष एवं लोकतान्त्रिक समाज के लिए संघर्ष कर रहा है जो मजहबी कठ्मुल्लावादियों को मंजूर नहीं। वहां से मिल रही ख़बरों ( जो की अख़बारों और चैनलों में एकदम नदारद है) के अनुसार लाखों लोग दिन रात शाहबाग चौक पर धरना दिए बैठें है और देश के अन्य भागों में भी लोग इस तरह के प्रदर्शनों में भाग ले रहे हैं। कई राजनैतिक विशेषज्ञ शाहबाग की तुलना तहरीर स्क्वायर से कर रहें है और वहां से आ रही तस्वीरों को देख कर लगता है कि ये तुलना बेवजह नहीं है। हैरानी की बात यह है कि इस आन्दोलन से जुडी ख़बरों के लिए हिन्दुस्तानी मीडिया के पास कोई जगह नहीं है। अमेरिका के चुनावों से काफी पहले हर हिन्दुस्तानी को ये पता होता है कि अमरीकी राजनीति में क्या खिचड़ी पक रही है। कौन से स्टेट में रिपब्लिकन्स आगे है और किसमे डेमोक्रेट्स। सट्टेबाज़ किस पर दाव लगा रहें है इसका सीधा प्रसारण चौबीस घंटे होता है पर पडोस में हो रहे इतने बड़े आंदोलन की हमारे देश की आवाम को इत्तेला तक नहीं है। पिछले दो महीनों में हिन्दुस्तान का मीडिया अपनी बहस और कवरेज नरेंद्र मोदी और राहुल के इर्द गिर्द घूमा रहें हैं या इस गम में मातम मना रहें है कि आखिर शेयर बाज़ार इतना नीचे क्यों आ गया है या सोने के भाव गर्दिश में क्यों है। बांग्लादेश की घटनाएँ किसी “ न्यूज़ एट नाइन” या “ बिग फाईट” का हिस्सा नहीं बन पाए। सुना है आन्दोलन के पहले महीने में “हिंदू” को छोड के किसी हिन्दुस्तानी अखबार का संवाददाता ढाका में मौजूद नहीं था और उसके बाद भी इस आंदोलन की खबर ढूंढे नहीं मिलती। अन्ना आन्दोलन के समय का राजनैतिक तौर पर सजग समाज आज कहाँ चला गया? अमेरिका में अगला प्रेसिडेंट कौन होगा पर एडिटोरियल लिखने वाले अख़बारों को क्या हुआ? क्यों पडोस में हो रही घटनाएँ उनका ध्यान खीचने में नाकामयाब हैं ?

Of ‘Public Purpose’, ‘Beauty’ and other Absurdities: The Curious Case of the Hyderabad Golf Club

- Vasundhara Jairath

[Note: The data presented here has been tediously collected by Forum for a Better Hyderabad, a citizens group, and the local farmers’ organization, Farmers’ Coordination Committee.]

The newest golf course in Hyderabad set in the scenic surroundings of the Qutb Shahi tombs and the Golconda Fort, set up as a joint venture of the Hyderabad Golf Association (HGA) and Andhra Pradesh Tourism Development Corporation Ltd (APTDCL), has created a bit of a controversy in the city. You wonder why the Tourism Department has taken it upon itself to develop a golf course? They will tell you the project is a public purpose project. To clarify this matter, the website of the venture states: “This facility would be accessible to all civilian residents of the twin cities of Hyderabad and Secunderabad as also visiting golfers from India and abroad”. This is of course subject to paying a paltry sum of Rs. 1,50,000 for three years temporary membership catered primarily for Non Resident Indians or Rs. 7.5 lakhs for associate membership. Add to that the criteria of knowing how to play golf. 

This article tells the tale of how the Government of Andhra Pradesh surpasses all records of arbitrariness in interpreting the phrase ‘public purpose’. However, let this not be seen as absolving the private party – HGA – of all its sins. It is common strategy to have the State do the dirty work while the private party stands apart, hands in the air, claiming innocence. 

The baffling arbitrariness of the case of the Golf Course begins right from Day 1. A government order (G.O. Ms. No. 806 Revenue (L.A.) Department) dated 21.10.1998 identified 52 acres of land within Naya Qila, a part of the Golconda Fort that was added to the original structure by Abdullah Qutb Shah and was completed in 1629, for acquisition for a public purpose – “development as a tourist spot with Birds Sanctuary”. The local farmers that cultivate the 52 acres of land under question will tell you that the wetlands in this part of the city were once home to migrant birds. A process of land acquisition was initiated the following year and land was acquired as per the urgency clause of Section 17 of the Land Acquistion Act 1 of 1894 (LAA 1894), “in view of the urgency of the case”. Accordingly, Section 5A of LAA 1894 that has a provision for accepting objections to the process of land acquisition remains nullified. It may be noted here that the emergency clause in question had been placed by the British in anticipation of situations such as this, as quoted in the law itself: “Whenever, owing to any sudden change in the channel of any navigable river or other unforeseen emergency, it becomes necessary for any Railway Administration to acquire the immediate possession of any land for the maintenance of their traffic or for the purpose of making thereon a river-side or ghat station, or of providing convenient connection with or accesses to any such station, [or the appropriate Government considers it necessary to acquire the immediate possession of any land for the purpose of maintaining any structure or system pertaining to irrigation, water supply, drainage, road communication or electricity] the Collector may immediately…enter upon and take possession of such land”. However, the urgency of the case of developing Naya Qila as a tourist spot with a Birds Sanctuary leaves much to the imagination of the citizen. 

Images from Shahbagh Solidarity Vigil in Delhi

On the 9th of April 2013 a small solidarity vigil was held at the Bangladesh High Commission in Delhi in support of the Shahbag protests. The vigil was jointly organised by New Socialist Initiative (NSI), Jamia Teachers’ Solidarity Association (JTSA), NISHANT, ANHAD, Krantikari Lok Adhikar Sangathan, Stree Mukti Sangathan. Posted below are few images from the solidarity Vigil. 

Photographs: Mukul Dube

Solidarity Vigil Held in Delhi for Bangladesh's Shahbagh Movement

New Socialist Initiative (NSI), JTSA along with few other organisations and concerned individuals held a solidarity Vigil for Bangladesh's Shahbagh Movement in front the Bangladesh High Commission, New Delhi.

Subhash Gatade (Convener, NSI) appraised the demonstrators of the unfolding situation in Bangladesh. Following Subhash Gatade, Harsh Kapoor (South Asia Citizens' Web), Nagesh Rao, Kamalesh Kumar (Krantikari Lok Adhikar Sangathan), Pranav Jani (Prof., Ohio State University, USA) addressed the demonstrators. A solidarity message sent by Mukul Mangalik (Associate Prof., Delhi University) was read out in  the vigil.

During the addresses most speakers at the vigil reiterated that despite the need to critically engage with certain demands like that of Death penalty emanating from the Shahbagh Movement, it is imperative that the secular-democratic and left forces in India stand in solidarity with Shahbagh Movement because the demand that secular principles and ethos alone should guide and govern all politics is not just a demand for Bangladesh but is universal in nature. It was also pointed out that majoritarian and fascist forces feed and thrive on each other and that there has been a coinciding rise of Hindutva in India and fundamentalist forces in our neighborhood.

Photo credit: NSI

A draft memorandum was read out in the vigil, despite minor disagreements most demonstrators agreed to sign it and submit it the High Commission officials. On behalf of the Bangladesh High Commission, Syed Muntashir Mamum (First secretary & Head of Chancery, Bangladesh High Commission) received the memorandum and assured the demonstrators that the memorandum will be forwarded to Prime Minister's Office, Government of Bangladesh.

Even though it was numerically a small vigil with 30 odd people participating, we at New Socialist Initiative, believe that it was a necessary intervention considering the ironical fact that the secular-democratic and 'official left' forces in India have till now maintained a studied silence on the historical movement in Bangladesh and has also remained a mute spectator to the counter-mobilisation in support of War criminals and Jamat leaders of Bangladesh by Islamic fundamentalist forces in India. We believe that there is an urgent need to break this silence.

It was also decided that a broader planning meeting for future solidarity action for Shahbagh Movement will be held on 12th april (5.30 pm) at Indian Coffee House, Mohan Singh Place, Connaught Place, Delhi.

Below is the text of the memorandum along with the list of signatories and few images from the vigil:   

To, The Prime Minister of Bangladesh

Through the office of 

The High Commissioner of Bangladesh, New Delhi

Solidarity Vigil for Bangladesh's Shahbagh Movement : Down with Forces of Religious Extremism

Solidarity Vigil for the Shahbagh Movement

2 pm, 9th April, 2013; Outside Bangladesh Embassy, EP-39, Dr. S. RadhaKrishnan Marg, Chanakyapuri, New Delhi

Comrades, 

The neighbouring country of Bangladesh is going through a new churning. Hundreds and thousands of people have hit the streets of Dhaka, demanding strict punitive action against ‘war criminals’ and their organisations, who forty-two years ago—at the time of the liberation struggle/war of the then East Pakistan (now Bangladesh)—colluded with the Pakistan army and committed untold acts of atrocities on the general public. 

Basically, there are two main demands of the protesters: war criminals should be strictly punished and organisations like the Jamat-e-Islami, Bangladesh, should be banned and all commercial and other kinds of establishments run by it should be proscribed. Just to recall: members and activists of Jamat-e-Islami, Bangladesh, did not merely oppose the liberation movement/war of Bangladesh because of their insistence on a ‘unified’ Pakistan, but also as part of Razakars—the Islamist East Pakistani paramilitary force contrived by the Pakistan army—aided and sided with the Pakistan Army during to inflict indescribable acts of violence on the people fighting for liberation. 

The uniqueness and hallmark of the Shahdbag movement is that though it was principally initiated, spread and extended by those youth who run online blogs, it quickly witnessed the participation of other classes. It is to be noted that the Movement which began on 5th Feb 2013, went into its second phase this 26th March, the anniversary of Bangladesh’s liberation day. According to latest reports, about twenty (20) people have started a fast unto death under the joint banner of of ‘Gana Jagran Manch’. The protestors have been demanding that the Awami League government should immediately bring an ordinance/bill banning the Jamat. The Supreme Court of Bangladesh is expected to pronounce its views on the demands of the protesters on 9th April 2103. 

There is no doubt that in spite of the extensiveness of the Movement, it is still facies strong opposition from the advocates and supporters of Jamat-e-Islami, who are systemtically induging in a vicious negative campaign. Besides, an attampt is being made to communalise the situation through attacks on religious minorities of Bangladesh—Hindus, Buddhists—orchestrated by those associated with the Jamat. 

Clearly, at a time when the rest of South Asia is witnessing the rise of communal mobilizations, Bangladesh’s Shahbagh Movement stands apart as a unique and ground-breaking venture, for it has demanded that secular principles and ethos alone should guide and govern all politics. Thus, this movement is qualitatively and politically far more mature than, say, movements which arose from the womb of Tahrir square of Cairo. 

Probably, unnerved by the movement’s secular push, Islamist forces, including those outside Bangladesh can be seen to be colluding actively trying to suppress it. In the last few days, the heads of state of both Egypt and Turkey wrote separate letters to the Prime Minister of Bangladesh pressurising her in this regard. In India too, Jamat-e-Islami, Jamiat Ulema-e-Hind, Minority Youth Federation and several like-minded organisations have demonstrated and expressed solidarity with the war criminals presently being held in jails of Bangladesh. These organisations have gone on to declare that if the Awami League govt. continues to pursue the conviction of war criminals, they would appeal to the Govt. of India to break all diplomatic relations with Bangladesh. In a way through their emotive stirrings, these Islamist organisations have demonstrated that they have no sympathy or concern with the atrocities committed on the general populace of Bangladesh; majority of whom are Muslims. To the contrary they have clearly bared their intentions, i.e. they are only concerned for the leaders of the Jamat, who are certain to face the legal consequences of the crimes committed by them. 

Majoritarian and fascist forces feed and thrive on each other and that there has been a coinciding of the rise of Hindutva in India and fundamentalist forces in our neighborhood. 

Ironically, the secular-democratic and left forces of India have till now maintained a studied silence on the historical movement being driven and sustained by the general public of Bangladesh. We believe that there is an urgent need to break this silence, as well to express our solidarity to the people of Bangladesh in their historic struggle. 

Inquilab Zindabad

New Socialist Initiative (NSI), Jamia Teachers' Solidarity Association (JTSA), Nishant, Anhad, Krantikari Lok Adhikar Sangathan, Stree Mukti Sangathan

[Proceedings] HM Conference, NSI Panel on Rural Impoverishment, Displacement and Political Responses

Proceedings (video) of  New Socialist Initiative (NSI) Panel discussion on Rural Impoverishment, Displacement and Political Responses in Historical Materialism Conference 2013, Delhi. Chair: Anil Choudhary; Speakers: Jaya Mehta (Research Coordinator, Joshi-Adhikari Institute of Social Studies) on 'The Feminine Face of Indian Agriculture'; Sudha Vasan (Associate Professor, Dept. of sociology, Delhi School of Economics) on 'Chained to Development's Cross: Livelihood Crisis and displacement in India'; Prof. Manoranjan Mohanty (Council for Social Development) on 'Resistance in Contemporary India: Insights from Land Struggle'.

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I

Concept Note

Forced takeover of agricultural and forested land for industries, mining, and infrastructure is leading to intense political struggles in many parts of India. Displacement of impoverished communities has brought the predatory nature of the current capitalist development to the fore. Besides registering this aspect of capitalism, a Historical Materialist understanding of the Indian society demands answers to a number of questions rarely discussed and debated in discourses on land and livelihoods. What actually is changing in Indian agriculture beneath visible signs of distress like the economic unviability of agriculture, displacement and peasant suicides? This question is important, because except at sites of existential threat via forced displacement, little popular political mobilisation has taken place around other reasons of agrarian distress. How are the ownership and tenure patterns of land, and market dependence of rural society changed in the past few decades? Is the Indian agriculture still dominated by a class of landlords and rich peasantry? What changes the evolution of agrarian economy has brought to the nature of class coalition ruling the country? Can the agriculture still be considered a relatively autonomous sector of Indian economy, having its unique class and caste based production relations? Is the programme of land reforms, integral to the Agrarian Programmes of so many communist revolutionaries, still a viable programme for radical transformation of Indian society? State in India has recently taken some steps like the Rural Employement Guarantee Scheme, and is planning to bring out new Land Acquisition and Rehabilitation Act, Food Security Act, etc. to address land and livelihood related distress. What do these steps tells about the altered political economy of land from rulers' perspective? How can struggles for land and livelihood be taken beyond the welfare of liberal governance? 

This panel on Rural Impoverishment, Displacement and Political Responses will discuss changes in land relations and rural livelihoods in India in a class framework, treating development of capitalism as an objective process of structural change.

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Jaya Mehta on 'The Feminine Face of Indian Agriculture'

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[Proceedings] HM Conference, NSI Panel on Crisis and Change in Higher Education: Universities under Current Capitalism

Proceedings (video) of  New Socialist Initiative (NSI) Panel discussion on Crisis and Change in Higher Education: Universities under Current Capitalism in Historical Materialism Conference 2013, Delhi. Chair: Naveen Chander (Co-convener, NSI); Speakers: Mukul Mangalik (Associate Professor, Ramjas College, DU) on 'Delhi University under Siege, or why everything is at stake'; Prof. Apoorvanand (DU) on 'Modern Universities and the Institution of Vice-Chancellor'; Sanjay Kumar (Associate Professor, St. Stephens' College, DU) on 'Death of University: Education Industry under Neo-liberalism'.

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Chairperson's Address

The Neo-liberal political economy of the current capitalism is fundamentally changing the nature of Universities in its own image. Market imperatives sees them as providers of education and research services at a price, thus determining their public character. Services conditions and remuneration of teachers, researchers and allied staff enter as costs in the economic calculus of the university enterprise. This calculus measures their productivity on standardised quantitative scales, and attempts to cut their cost by contractualisation, outsourcing, and reduction and reduction in the number of tenured positions. All these steps undermine the internal autonomy of teaching and research, helping university administrators act like bosses. From students' perspective, besides the cost of education they have to bear, the new model of University education treats them as pre-formed consumers, entering universities to learn a package of goal defined quantifiable skills.

The neo-liberal fashioning of University raises a number of issues for a materialist understanding of capitalism and struggles against it. First, what is being changed? Modern Universities were an epochal development. They freed production and reproduction of the advanced knowledge from religious and feudal prerogatives and brought them into public domain. the expansion of publicly funded university system under the post second world war welfare capitalism in advanced capitalist countries and in some other countries like India, formally for a moment appeared to realise the liberal ideal of knowledge generation as a free enquiry by the self regulated community of intellectuals. However, even this liberal ideal was implicated in many social inequalities. For instance, the university system in post-independence India allowed upper caste to enhance their monopoly in new bureaucratic and technocratic elites. If struggles against neo-liberal changes have to evolve out of campaigns like 'Save the University' as it existed, then what new radical ideas on education and research and their social context can motivate such struggle? Second, what is the problem with the administrative structure and career focused pedagogy of university factories? Why is internal autonomy and fixed tenure essential for teaching and research? What is the relationship between  capitalism and the type of knowledge produced in universities today? what kinds of subjectivities get fostered, and suppressed, by them? Youth often are the starting points of social change, from fashion and art to revolutionary politics. What space do universities provide to youth to realise this essential point of being young? How are universities today implicated in the reproduction of social hierarchy and privilege? This question assumes significance in the context of increasing enrollment ratios. These are as high as 30 to 40 percent in many advanced capitalist countries. Emerging economies like India are frantically trying to 'catch up' in this regard. Higher education is acquiring a mass character in societies with increasing inequalities. In this context, what new points of conflict and forms of resistance are arising in institutions of higher learning?

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II

Mukul Mangalik on 'Delhi University under Siege, or why everything is at stake'

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Costa Rica to New Delhi: Forging Solidarity for Equitable Access to Knowledge

We are witnessing a surge in student mobilizations across the world, from Latin America to the USA occupy movements to the UK protest to students in the Middle East, Africa and Asia (most recently the tremendous upheaval led by students in Bangladesh), on a variety of issues. But somewhere a shared thread of anxiety and subject location is visible. It is the need of the hour to build solidarity across borders and better understand and act upon our collective dilemmas as people who will be building (willingly or unwillingly) the world of tomorrow.

Find below the text of a Solidarity Letter to ASEAK, supporting academics and photocopying shops from the 'PHOTOCOPYING FOR STUDYING PURPOSES MOVEMENT' in Costa Rica. Students in Costa Rica have been successful at resisting attempts of corporate publishers similar to what we are experiencing in India now. In their letter they urge the Courts to not be pressurized by the private publishers. Please have a look and share. 

- Association of Students for Equitable Access to Knowledge (ASEAK)

.............................

FOTOCOPIANDO PARA ESTUDIAR

(PHOTOCOPYING FOR STUDYING PURPOSES MOVEMENT)

Costa Rica, Sunday, March 31, 2013

In support and solidarity with the students, academics and photocopying shops in India, who are fighting in defense of access to education, work and culture.

The right to work, to access and dissemination of information, culture and education are inherited and inviolable rights that equally belong to every person and culture of the world, therefore it is a humanity’s heritage.

Under no circumstances, one can allow that private firms as publishers take ownership of the information and knowledge itself and decide who can and who cannot have access to it, because both education and culture belong to everyone equally.

From Costa Rica, we want to encourage you to continue this important fight in courts,. Please receive all the support and solidarity on behalf of the students and photocopying shops that are part of the Photocopying for Studying Purposes Movement. 

Four years ago, we experienced something similar to what you are now experiencing, Ever since then, we have been promoting a law to allow students to photocopy books. Even though, we got the Parliament’s approval for that law, the President of Costa Rica Laura Chinchilla was influenced by publishers and the American Chamber of Commerce (AmChan), and she rejected it. But, we will not stop until we achieve our goal.

We urge the courts of India, not to be pressured by publishers, the only thing these companies want to do is to privatize education and culture, and be the only ones entitled to decide who can access information, reducing that possibility just to those who have the money to pay for it. 

Fellow Students of the Association of Students for Equitable Access to Knowledge (ASEAK), We support you.

Joshua Aguirre Thomas

FOTOCOPIANDO PARA ESTUDIAR

(PHOTOCOPYING FOR STUDYING PURPOSES MOVEMENT)

"People who do not defend their ownings, end up as tenants in their own Country" (Juan Rafael Mora Porras, President and General of the Costa Rican Army from 1814 to 1860)

A "Fotocopiando Para Estudiar" led protest in Costa Rica

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ASSOCIATION OF STUDENTS FOR EQUITABLE ACCESS TO KNOWLEDGE (ASEAK)

New Delhi (India), Monday, 1st April, 2013

We greatly appreciate your show of solidarity with us here in India. ASEAK is committed to taking up this particular battle in Court, and other issues of access to knowledge in our Universities in general. The Public University system in India is under immense stress and is being subjected to what are called "reforms in higher education". Please do read "The Delhi University Four Year Structure – Myths and Reality" for more on the same. Delhi University, being the largest Central University in India, has become in a way the laboratory for such reforms. It is no surprise then that this copyright row began here. Making all aspects of education a commodity and gearing up our public institutions to the sole task of providing 'marketable skills', with utter disregard for what the students or teachers may have to say, seems to be the way forward envisaged for us by the high and mighty of today.

At the same time we are witnessing a surge in student mobilizations across the world, from Latin America to the USA occupy movements to the UK protests, to students in the Middle East & Africa participating in huge numbers in what is referred to as the 'Arab Spring' and Asia (the massive participation of students and youth against the 'rape culture' in India and most recently the tremendous upheaval led by students in Bangladesh), on a variety of issues. But somewhere a shared thread of anxiety and subject location is visible. It is the need of the hour to build solidarity across borders and better understand and act upon our collective dilemmas as people who will be building (willingly or unwillingly) the world of tomorrow.

We take this opportunity to congratulate you on the success you have had in defending and asserting students' right to educational material and its reproduction, and to extend solidarity with you. We are open to and encourage dialogue and joint action whenever possible.

Association of Students for Equitable Access to Knowledge (ASEAK)

An "ASEAK" led protest in Delhi University, India

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Sources: Facebook pages of Association of Students for equitable Access to Knowledge (ASEAK) and Fotocopiando Para Estudiar

Shahbagh Uprising and Muslim Right in South Asia: Baring Its True Fangs!

- Subhash Gatade

Any death is regrettable and those who died due to police fire may also come under this category. What is interesting is Jamaat’s modus operandi. The lone survivor of 14 December mass murder of intellectuals described in a recent TV documentary how Al Badr killed Prof Munier Chowdhury and others. Some were bitten with iron bars to death and at the final point; they would insert such bars into the head of their victims to ensure death. Jamaat-Shibir reportedly did exactly the same couple of weeks ago when they killed some police constables and others. It shows Jamaat-Shibir’s Standard Operating Procedure has remained unchanged for the last four decades…

(Rabiul H. Zaki, 1952, 1971, the genocide and Shahbagh)

“The Pakistani soldiers unleashed a reign of terror on the soil of Bangladesh in 1971. They brutally killed innocent people, molested Bengali women and ruined the economy. The Jamaat leaders, Ghulam Azam and Matiur Rahman Nizami, issued the fatwa that those activities were permissible to save Islam” (Dr Mohammed Hannan, Page 252, Bangladeshe Fatwar Itihas, 1999).

I.

What is common between Syed Md Nurur Rahman Barkati, Shahi Imam of Tipu Sultan Masjid, Kolkatta and Maulana Syed Athar Abbas Rizvi, imam, Cossipore Masjid or Md Qamruzzaman, general secretary, All Bengal Minorities Youth Federation ? Well, if media reports are to be believed then they would be the leading lights of a demonstration to be held on March 30 th in Kolkata demanding stepping down of Bangladesh Prime Minister Sheikh Haseena’s resignation. In fact, a dozen odd Muslim outfits are planning to hold the demonstration to protest against the verdict of the ‘war crime tribunal’ against Jamaat-e-Islami’s leaders in connection with the atrocities committed by them during 1971’s Liberation War’. According to them the actions of the Bangladesh government was not only ‘anti-Islam’ but ‘anti-humanity’ as well. The organisers of the demonstration have said that if their demands are not met then they would appeal to the Indian government to severe all ties with Bangladesh.

Definitely this is not the first demonstration of its kind held by the various Islamist groups in this part of South Asia. Not some time ago, similar organizations had organised a protest in the city which had turned violent. It was in response to the death sentence given to Delawar Hossian Sayedee, the Vice President of Jamaat-e- Islami by a war crimes tribunal after he was found guilty for mass killing, rape and atrocities during the nine month war against Pakistan.

Karachi had also witnessed a demonstration in the second week of March led by the Jamaat-e-Islami (Pakistan) ‘to protest the indictment of Jamaat-e-Islami (Bangladesh) war criminals of 1971 and the treatment of its activists by the Bangladesh government, judiciary and the police in the aftermath of the Shahbag movement against the Islamists in Dhaka.’ President of Jamat-e-Islami of Punjab, Pakistan who participated in the demonstration reportedly insisted that, ‘the sentenced leaders of the razakars (pro-Pakistan militias) were innocent.’ Incidentally, close to this protest site a protest against the mob attack on the Christians of Badami Bagh ,Lahore by a rampaging mob of fanatics , was also held, although it was not as large. (The Express Tribune, 15 th March 2013)

In fact, opposition of the Islamists to the new awakening in Bangladesh – popularly known as Shahbagh movement – which wants to reinvigorate the basic principles of secularism and democracy which became a basis for founding of the country, is not limited to civil society organisations or political groups alone. Leaders of many Islamic countries especially President of Egypt and Prime Minister of Turkey are reported to have written letters to their Bangladesh counterparts expressing their ‘displeasure’ over the war crimes tribunal. Few other Islamic countries have through informal channels also ‘requested’ the Bangladesh government to ‘go slow’ on the trials or ensure that ‘violations of human rights’ does not take place. Wittingly or unwittingly all such ‘protests’ or ‘displeasures’ about ‘danger to Islam’ or ‘danger to humanity’ or alleged concern over democratic rights violation which the ongoing trials have allegedly provoked make one thing very clear.

None of them want that the role of organisations like Jamat-e-Islami or or many of its not so illustrious leaders in the 1971 war of Bangladesh’s independence is investigated afresh. They do not want to look into the fact that how many Jamaat activists became Razakars – literally volunteer – which was the paramilitary force organized by the Pakistan Army in East Pakistan during the Bangladesh Liberation War in 1971 and helped unleash untold miseries on nationalist Bengali suspects. The Razakars received training at the hands of the Pakistan Army. Both organisations were later accused of having violated Geneva Conventions of War by raping, murdering and looting the locals.

In fact they want to dilute gravity of Jamaat’s support to the Pakistan army and also cover up its shameful attempts to provide religious justifications of torture, rape and murder, arson etc under the specious plea that it has been more than 42 years that the developments took place, and it is time that people should ‘move on’ or ‘forget and forgive’.

It needs emphasising that the demands of the Shahbagh protesters are not limited to trials of the war criminals , they have demanded that Jamat-e-Islami be banned and its financial sources be confiscated by the state. Launching the second phase of the movement on the 42 nd independence day of Bangladesh (26 th March) activists have reiterated their immediate demand of trial of the war criminals, many of whom are senior leaders of the Jamaat and strongly criticised the Awami League government for dilly dallying on their central demand of banning Jamaat-Shibir politics.

Taking Over the Enterprise: A New Strategy for Labor and the Left

[Note: Richard Wolff is one of the most distinguished Marxist economists of our times. Working along with his colleague Stephen A Resnick(1938-2013), he has brought back Marx’s notion of surplus into the definition of class. In this provocative essay, Wolff suggests how this surplus based definition of class can provide the basis for a more effective anti-capitalist strategy for the left in the present era.]

- Richard Wolff

We are overdue for a new strategy. Labor and the Left are at low points in long declines. One cause has been adherence to a failed strategy. We need to acknowledge that reality and answer are two linked questions. First, what part of getting into this situation was our own doing? Second, what changes in labor’s and the Left’s strategy could revive the two groups and rebuild their coalition into a powerful political force? To answer the first question: labor’s and the Left’s strategic attitude toward capitalism undermined both partners and their coalition. To answer the second: changing their attitude toward capitalism could, I believe, revive them significantly in the near future.

With rare exceptions, the strategic orientation of labor and the Left toward capitalism has been one-sidedly macro-focused on the nature and extent of state economic interventions. Thus it emphasized taxing enterprises rather than workers, the rich rather than the middle- and lower-income earners. It generally favored state regulation of the private economy rather than laissez-faire, public over private enterprises, and state planning/controls over private/free markets. The welfare state, social democracy, socialism, and communism were all understood chiefly in the macro sense of state intervention. Differences among them concerned the extent of those interventions (ranging from regulation, to control, to state ownership of enterprises and productive resources).

In contrast, labor and the Left paid far less attention to capitalism at the micro level, the internal organization and operation of the enterprise. They did not challenge the basic position of corporate boards of directors as appropriators and distributors of the surpluses produced by other people, the workers. They accepted—or simply presumed—that those boards would exclude workers from the appropriation and distribution of the enterprise’s surpluses (or profits). Rarely did Left forces seriously raise the goal of workers themselves becoming, collectively, the appropriators and distributors of enterprise surpluses. When that idea surfaced, it was usually dismissed as unworkable, utopian, and irrelevant to workers’ practical interests. The Left restricted itself to demanding state-enforced employers’ exploitation of workers, deception of customers, and abuse (both socially and environmentally) of surrounding communities.

[Public Meeting] From Che to Chavez: Struggle for Socialism in Latin America

Do join in Large Numbers!

Manu Reloaded! Brahminism Yesterday, Hindutva Today?

- Subhash Gatade

It is a peculiar sensation, this double-consciousness, this sense of always looking at one’s self through the eyes of others, of measuring one’s soul by the tape of a world that looks on in amused contempt and pity. One ever feels his two-ness,—an American, a Negro; two souls, two thoughts, two unreconciled strivings; two warring ideals in one dark body, whose dogged strength alone keeps it from being torn asunder.

                                                                                  - Du Bois, 'Souls of Black Folk'

Hinduism is only a derivative, a fraction, a part of Hindutva. Unless it is made clear what is meant by the latter the first remains unintelligible and vague....Here it is enough to point out that Hindutva is not identical with what is vaguely indicated by the term Hinduism. By an 'ism' it is generally meant a theory or a code more or less based on spiritual or religious dogma or creed. Had not linguistic usage stood in our way then 'Hinduness' would have certainly been a better word than Hinduism as a near parallel to Hindutva. Hindutva embrases all the departments of thought and activity of the whole Being of our Hindu race.

                                                                                                  -Savarkar, 'Hindutva'

I

The idea and politics of Hindutva is normally presented/understood in the form of religious imaginaries.

For its proponents, it is THE way to correct 'historical wrongs' supposedly committed by 'aggressors' of various hues against 'Hindu Nation' - which according to them has been in existence since times immemorial. It does not need recounting how this strange mix of mythology and history which is fed to the gullible followers unfolds itself before us with dangerous implications.

The dominant antidote to this exclusivist idea, rubbishes the 'us' versus 'them' rationale provided to justify its actions, denies any such continuous strife on the basis of religion amongst people, talks of emergence of composite heritage and the flourishing of many syncretic traditions etc. It is no surprise that the explosive manifestations of communal conflict are presented here as a handiwork of 'few bad apples' within the communities which need to be weeded out or quarantined. A logical consequence of this understanding is that secularism as it is practised here as part of statecraft similarly veers around Sarv Dharm Sambhav (Equal Respect to All Religions) and not to separation of religion from running of the state and society as it is normally understood.

Looking at the fact that the politics of Hindutva has been on ascendance since last two and half decades - despite witnessing temporary setbacks here and there - and the established/standard response to it loosing its lustre, and the strategies devised to deal with loosing their appeal and impact, it is time to look at the phenomenon in a more nuanced way. It is time to move away from standard questions and their pet answers to an arena less probed and investigated. Perhaps it it time to raise questions which were never raised or did not receive the attention they really deserved.

Would it be correct to say that the idea of Hindutva popularly presented as Hindu Nationalism emerged as a 'reaction' to the politics of Muslim nationalism or vice versa or a correct depiction could be both emerged independently as an elite strategy to bring under its canopy the rising voice of the subalterns within the community ?

Would it be proper to say that Hindutva is rather an extension of the ongoing Brahminical project of hegemonising and homogenising of Indian society and in fact could be seen as part of Brahminical strategy/reaction against the Shudras-Atishudras ? Remember under the twin impact of policies promulgated by the colonial regime coupled with the path breaking movements led by the social revolutionaries, one was witness to the loosening of the age old social bondages and restrictions of these depressed classes.

A question could be why Maharashtra - where the population of minorities has never crossed ten per cent mark, and where they were never politically dominant, metamorphosed into a region which saw not only emergence of many leading Hindutva ideologues - ranging from Savarkar, Hedgewar and Golwalkar - and their organisations but a strong base as well as popular legitimacy as well.

A satisfactory answer to all these queries can only be had if we are able to look afresh at all those assumptions about ascent of Hindutva and are ready to break new grounds in pursuit of this aim.

II.

It was Sir T. Madhava Rao who speaking of Hindu Society of his time said :

"The longer one lives, observes, and thinks, the more deeply does he feel that there is no community on the face of the earth which suffers less from political evils and more from self-inflicted or self-accepted or self-created, and therefore avoidable evils, than the Hindu Community."

This view expresses quite accurately and without exaggeration the necessity of social reform in Hindu Society.

The first Social Reformer and the greatest of them all is Gautama Buddha. Any history of Social Reform must begin with him and no history of Social Reform in India will be complete which omits to take account of his great achievements
                                                                                                      - Ambedkar

Dr Ambedkar's discussion about genesis of Manusmriti which he takes up in his incomplete work 'Revolution and Counterrevolution in Ancient India' can act as a starting point to understand the dynamics of this struggle in our context.

Photo: frontlineonnet.com

Manusmriti forms parts of the edicts called Smritis - which appeared roughly from 300 B.C. to 600 A.D. Taken together, they were called the Dharma-Shastras, implying religious injunctions. The Smritis included everything that today we call civil and criminal law, because of which, in English, they are usually referred to as law books. Smritis reveal the complexity and all -embracing character of the bondage, the servitude of the Shudras and Vaishyas, Atishudras and women and laid down '[t]he rights and obligations (duties) of Brahmins, kshatriyas, vaishyas, shudras, and untouchables, in every speher of human life, personal, marital, social, religious, economic, political, et al. It would be more appropriate to say that they laid down the rights and privileges of the brahmins and Kshatriyas and obligations of all the rest. They also laid down the punishments, from religious penance to corporal punishment, for any breach of the laws laid down by them." (S.G. Sardesai, Progress and Conservatism in Ancient India, PPH, 1994, Page 41)

Full Programme & NSI Panels: The Delhi Historical Materialism Conference - "New Cultures of the Left"

Delhi Historical Materialism Conference Programme (“New Cultures of the Left”, Convention Centre, Jawaharlal Nehru Univeristy, New Delhi, 3-5 April)

To Download the complete list of all panels and papers over three days (from: 9.30 am to 8.15 pm everyday) of The Delhi Historical Materialism Conference - "New Cultures of the Left" Click Here

New Socialist Intiative (NSI) is organsing two panels in the Conference

Remembering Rachel Corrie - A Decade After

"I can’t cool boiling waters in Russia. I can’t be Picasso. I can’t be Jesus. I can’t save the planet single-handedly." - Rachel Corrie

Today on 16th March, we at New Socialist Initiative (NSI), not only remember Rachel Corrie but also salute her sacrifice and love of humanity. 

Rachel Corrie, a 23 year old, peace activist from Olympia, Washington, USA, was crushed to death by an Israeli army bulldozer on the 16th March 2003, while she, along with 7 other peace activists, were protesting non-violently against the demolition of a Palestinian house in Rafaf by Israeli forces. 

Rachel Corrie blocks Israeli Bulldozer.
The Photo was taken earlier in the day she
was bulldozed to death. Photo: Joe Carr

According to eyewitness accounts, when Rachel was 20-30 meters from the bulldozer, she knelt down in front of it. The bulldozer advanced toward her with the blade-bucket in the dirt at a height of 1.5-2 feet. When the bulldozer approached Rachel, she climbed onto a pile of dirt. From the place where she stood, Rachel looked into the driver's cabin. The bulldozer continued to move forward. Rachel turned around to get down from the pile, but the dirt was moving as she climbed down and she fell as the bulldozer continued to move forward. She disappeared under the pile of moving dirt. The bulldozer moved forward a distance of at least 4 meters. Then all of her friends ran toward it, and it stopped. 

Richard Purrssell who was 20 meters away from the bulldozer and had an open view on a clear day and recalls : 'I heard lots of screams, a great many screams, people signaling to the bulldozer driver to stop, signaling him to stop. At that time, the bulldozer was still moving another 4 meters. It passed the spot where Rachel fell, stopped and backed up in reverse along the path it had traveled in a straight line along the path where Rachel lay on the ground.'

Not surprisingly, a Israeli court in 2012 ruled that Israeli State was not to be held responsible as Rachel deliberately put herself in harms way. The judge pronounced that Corrie "was accidentally killed in the framework of a 'war-related activity' ... [and] the state bears no responsibility for the damages inflicted on the plaintiffs resulting from a war-related action,"

It seemed likely that Rachel’s story would by now have faded from memory as just one more among the thousands of deaths in Occupied Palestine over the past decade, but for the efforts of International Solidarity Movement, Occupied Palestine, and  Rachel's parents who immersed themselves in legal struggles, led public campaigns and kept Rachel’s story alive through books, plays, films and media outreach.

Rachel is also very much remembered in Occupied Palestine. In a short message sent out today from Occupied Palestine, the International Solidarity Movement (ISM) of which Rachel was a volunteer remembered her in these words:

She is remembered with love still by Palestinians and new generations of ISM volunteers – for many of whom, Rachel’s untimely death was an inspiration to become more involved in the struggle for freedom for Palestine. We honour her memory and what she was standing for, whilst she stood in front of that bulldozer ten years ago today ...Our thoughts today are with Rachel’s family, and as we’re sure Rachel would have wanted, also with all the Palestinian families who have lost a loved one to the Israeli occupation.

Today our thoughts are also with Rachel’s family and with all the Palestinian families who have lost  loved ones to the Israeli occupation.

                           Situation still resembles Rachel’s words in this video

Latest Issue of CRITIQUE Published by NSI Delhi University Team is Out!

The latest issue of CRITIQUE (Vol-2, Issue-2), the magazine published by the Delhi University chapter of New Socialist Initiative is out. The magazine, not always, but largely focuses on higher education, privatisation of education, universities, left politics, histories of student movements from India and beyond. 

If you would like to order copies, write to us at critique.collective@gmail.com delhi.nsi@gmail.com or call +91-8860304908, +91-9013074978. Apart from Delhi, copies are also available on request in Allahabad, Gorakhpur, Lucknow, Guwahati, Bhopal, Jabalpur, Chandigarh, Hyderabad, Kurnool, Ahmedabad, Bangalore, Mysore and few other cities.

Scroll down to see the Content list of the latest issue.

[ASEAK Release] Eminent Academics Across the World Join Students in Condemning Publishers

- Association of Students for Equitable Access to Knowledge (ASEAK)

In an Open Letter to Oxford University Press, Cambridge University Press and Taylor & Francis Group, 309 renowned academicians from the world over (letter attached with Press Release) have expressed their solidarity with students’ right to access the authors work through means such as photocopying. This campaign among academics was initiated by Amita Baviskar (Institute if Economic Growth), Shamnad Basheer (National University of Juridical Science), Nivedita Menon (Jawaharlal Nehru University) and Nandini Sundar (University of Delhi). This letter comes in the wake of a law suit filed by the publishers against Delhi University and Rameshwari Photocopier (a licensed photocopy shop at DSE), in which they have registered their strong objections to the publishers’ claims. Supporting the stance taken by ASEAK which is representing students’ interest in the Delhi High Court the academics have asked for publishers to withdraw their law suit. The concerns raised by the academics strongly resonate and are in solidarity with what ASEAK has been arguing for – namely: 

• that photocopying to texts, and production of “course packs”, for educational purposes is legal and covered under Sec 52 of the Copyright Act. Sec. 52(1) (i) allows for ‘the reproduction of any work by a teacher or a pupil in the course of instruction’ or as a part of questions or answers to questions’.Sec. 52(1) (a) allows for a fair dealing with any work (except computer programs) for the purposes of private or personal use, including research.

• That in a developing country like India photocopying of books is the only way of ensuring affordable access to books for students pursuing higher education that are priced at prohibitively high costs by these publishers. Thus the reason authors “make course packs” is to ensure that students have access to the most relevant portions of the book without which they would be seriously compromising the students education.

• That academic authors are mostly employed by public funded Universities and hence publicly funded research should be publicly accessible.

• That academic publishing is not sustained by publishers’ investments, and their profits are hugely under-written by tax payers money.

• That the right to affordable access to educational material should be put before the publishers profit motive

Of the 309 signatories, 33 are authors whose works are included in the “course packs” which the publishers claim is an infringement of their copyrights. Among the 33 “suit” authors who have signed the letter include leading academics such as Professors Thomas Blom Hansen, Partha Chatterjee, Ayesha Jalal, Christophe Jaffrelot, Veena Das, Pratap Bhanu Mehta and Marc Galanter.

Among the other eminent academics/authors who have signed this letter are Professors Richard Falk, Arjun Appadurai, Jonathan Parry, Ramachandra Guha, Farid Esack, TN Madan, Ian Copland, Tanika Sarkar and Uma Chakravarty. The list of signatories include academics from all over India and from universities in Europe, the USA, UK, South Africa, Singapore, Australia, Argentina and Palestine.

Amartya Sen, in a separate letter (reproduced below) has expressed his distress at the law suit.

Kaushik Sundar Rajan, a leading academic from Chicago University has said that photocopying of his books was “absolutely essential” and “the only way” for his ideas to reach readers in India. Strongly supporting the free dissemination of ideas Sundar Rajan observes the actions by the publishers to be “petty, egregious, and worthy of the strongest opposition and condemnation”. (relevant excerpts of e-mail reproduced below)

Raju Ramachandran, leading Supreme Court counsel and “suit” author has opined, that the creation and distribution of course packs for educational purposes is clearly covered by the copyright fair use and educational exception under Section 52 of The Indian Copyright Act, 1957. (relevant excerpts of e-mail reproduced below)

ASEAK Press Release: Students Join Legal Battle against Publishers in the Delhi High Court

- Association of Students for Equitable Access to Knowledge (ASEAK)

In an ongoing case in the Delhi High Court, where a consortium of publishers, namely Oxford University Press, Cambridge University Press and Taylor & Francis Group have filed a suit against Delhi University and M/S. Rameshwari Photocopier (the licensed photocopy shop at Delhi School of Economics) alleging copyright infringement, students from across India have come together to challenge these allegations in Court. On 1 March, 2013, the impleadment filed by the Association of Students for Equitable Access to Knowledge (ASEAK) to be made a party to the ongoing lawsuit was accepted in Delhi High Court and the Association will represent the interest of students in the said case. 

ASEAK has been formed out of the Campaign to Save the D. School Photocopy Shop, a Campaign that arose spontaneously following the suit when it was initiated in August last year. The publishers had claimed that photocopying of prescribed study material constituted an infringement of their copyright and claimed damages in excess of Rs. 60 lakhs. However, the Indian Copyright Act 1957 makes for exceptions to copyright infringement in Section 52, Article (h) of the Act, which states: “(h) the reproduction of a literary, dramatic, musical or artistic work- (i) by a teacher or a pupil in the course of instruction; or (ii) as part of the questions to be answered in an examination; or (iii) in answers to such questions” does not amount to an infringement of copyright.

ASEAK reaffirms the need for such exceptions in a developing country like India where photocopying ensures the access to otherwise prohibitively expensive books to the majority of students of higher education. It condemns the move of these publishers who claim to be fostering academic excellence, two of which are in fact University Presses (OUP & CUP), but are in fact working towards making higher education a preserve of the privileged few who can afford these books. It further condemns the crass attempt of the publishers to use the pretext of the interest of scholars in filing this suit, where this move has drawn severe and widespread condemnation from the academic community including scholars who have published with these publishers. 

In October 2012 the Delhi High Court had passed an interim injunction staying further photocopying of ‘course packs’ which are essentially compilation of prescribed reading materials. To the objections raised by the publishers' lawyer to the Association's impleadment, the honourable High Court observed “that the presence of the applicant is necessary and proper for adjudication of the present suit”. ASEAK seeks a revocation of the interim order and will work to defend the educational exception in favour of the interests of the student community at large. 

That photocopying of educational material takes place at such a large scale across the country and across disciplines is indicative of the gap within our education system that is filled by photocopying. Until alternative mechanisms of access to the same material is evolved, any curbing on photocopying will severely impact the student community, not only in Delhi School of Economics, or Delhi University, but in every educational institute across the country. We affirm and express solidarity with the students of Costa Rica who are fighting for their right to photocopy, directly linked with access to education, as it is in India. We express our solidarity with the open access movement and affirm the cause that Aaron Swartz fought for. We welcome the move in the USA that has led to the decision of free access to publicly funded research after one year of remaining within subscription journals, and will push for similar moves for opening access to publicly funded research within India, including academic works produced by teachers while being employed by State Universities.

Below is a reproduction of the Delhi High Court order :

50 Truths about Bolivarian Venezuela and Hugo Chavez

[Editors Note: Many of us might not agree with many acts of Hugo Chavez like his uncritical valorisation of Gaddafi, his take on the 4th Eellam War in Sri Lanka and gross disregard of human life by the Lankan Army or the position taken by Venezuelan Government in the World Trade Organization Ministerial Meeting in Hong Kong in December 2005 and so on and so forth. Many of us also might think, and perhaps rightly so, that the claim that what has unfolded in Venezuela under the Bolivarian Regime is the unfloding of 21st Century Socialism, is a tall claim. 

There is no doubt the processes unfolding in Venezuela are complicated; but nonetheless certain facts about Bolivarian Venezuela and Hugo Chavez needs to be reiterated, especially, in the context of the dismissive propaganda campaign launched by American media and also mainstream corporate media in India (perhaps with the exception of The Hindu). To that end we are republishing an English translation of an article originally published in Portuguese in Opera Mundi.]

- Salim Lamrani

1. Never in the history of Latin America, has a political leader had such incontestable democratic legitimacy. Since coming to power in 1999, there were 16 elections in Venezuela. Hugo Chavez won 15, the last on October 7, 2012. He defeated his rivals with a margin of 10-20 percentage points.

2. All international bodies, from the European Union to the Organization of American States, to the Union of South American Nations and the Carter Center, were unanimous in recognizing the transparency of the vote counts.

3. James Carter, former U.S. President, declared that Venezuela’s electoral system was “the best in the world.”

Banner of Memorial Meting held in New Delhi on 12th March, 2013. Photo: Bonojit Hussain 

4. Universal access to education introduced in 1998 had exceptional results. About 1.5 million Venezuelans learned to read and write thanks to the literacy campaign called Mission Robinson I.

5. In December 2005, UNESCO said that Venezuela had eradicated illiteracy.

6. The number of children attending school increased from 6 million in 1998 to 13 million in 2011 and the enrollment rate is now 93.2%.