The hidden injuries of caste: south Indian tea workers and economic crisis

India's Four Million Sex Workers Demand Equal Labour Rights

Press Release – In Support of Teesta Setalvad

Dalits Media Watch

News Updates 10.07.15

Dalit woman seeks wages, man burns her house down - The Times Of India

http://timesofindia.indiatimes.com/City/Agra/Dalit-woman-seeks-wages-man-burns-her-house-down/articleshow/48008751.cms

Maha sets up village committees to curb atrocities on Dalit - One India

http://www.oneindia.com/india/maharashtra-sets-up-village-committees-to-curb-atrocities-on-dalit-1802289.html

 'Global initiative of Dalits in India, African-Americans in U.S. needed' - The Hindu

HTTP://WWW.THEHINDU.COM/NEWS/CITIES/BANGALORE/GLOBAL-INITIATIVE-OF-DALITS-IN-INDIA-AFRICANAMERICANS-IN-US-NEEDED/ARTICLE7405625.ECE

Oscar for Job Quota in Private Firms - The New Indian Express

http://www.newindianexpress.com/states/karnataka/Oscar-for-Job-Quota-in-Private-Firms/2015/07/10/article2912238.ece

A new Dalit assertion is round the corner - The Tribune

http://www.tribuneindia.com/news/comment/a-new-dalit-assertion-is-round-the-corner/104614.html

A Portrait of the Indian as a Young Dalit Girl: Part 5 – Janvi's Lawyer - Two Circle

http://twocircles.net/2015jul10/1436511490.html#.VZ9zR1-qqko

Note: Please find attachment for DMW  Hindi (PDF)

Please Watch:

Gandhi's letter to Hitler, read by Clarke Peters

In celebration of London's Letters Live season, BBC Newsnight invited actor Clarke Peters to read a letter written by Mahatma Gandhi to Adolf Hitler.

Written just one month before the German invasion of Poland, the letter never reached its intended recipient.

http://www.bbc.com/news/entertainment-arts-32156733

The Times Of India

Dalit woman seeks wages, man burns her house down

http://timesofindia.indiatimes.com/City/Agra/Dalit-woman-seeks-wages-man-burns-her-house-down/articleshow/48008751.cms

Ishita Mishra,TNN | Jul 9, 2015, 10.18 PM IST

AGRA: An upper caste man and his son, angry that a Dalit woman dared ask for her fair wages, thrashed her and set her house on fire. The miscreants also pushed the woman's son into fire. The boy escaped with injuries. An FIR has been lodged. 

Police said Badami Devi, wife of Vijay Singh, a resident of Bamoori village in Mathura district was thrashed by her employer Pappu Singh. The woman was a labourer at a construction site. Contractor Pappu Singh had paid her half her wages a few days ago and asked her to return later for the rest of the money. 

The woman arrived at Pappu Singh's house on Wednesday to seek the pending wages. Singh abused her and threw her out, police said. 

SP City Shailesh Kumar Pandey said, "The accused and his son reached the victim's fields later Wednesday and thrashed her son, Gulab. The woman rushed to her son's help, and the two dragged her and her son to the village and set the house on fire." 

Villagers told police that they could not intervene in the matter as the contractor was a powerful upper-caste man. The victim's son, who was thrown into the fire, is under treatment for burn injuries. 

The SP said an FIR was lodged against Pappu Singh and his three sons under provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. "Raids are being made to arrest the accused, who are absconding," the police officer said.

One India

Maha sets up village committees to curb atrocities on Dalit

http://www.oneindia.com/india/maharashtra-sets-up-village-committees-to-curb-atrocities-on-dalit-1802289.html

Updated: Friday, July 10, 2015, 9:34 [IST]

The Maharashtra Government will involve village-level officials and prominent local residents to check atrocities on Dalits, a move that comes in the backdrop of cases of violence reported against Scheduled Caste members in Ahmednagar district. Social Justice Department has started an initiative in this regard to maintain harmony and protect Dalit communities, which are vulnerable to caste violence. Social Justice Minister Rajkumar Badole today instructed his department officials to form a village level committee in districts to intervene and prevent cases of atrocities on Dalits. Each committee will comprise talathis (revenue officials), sarpanch (village head) and gram sevaks (village development officers) besides members from all sections of society, he said, adding, the step will help reduce incidents of violence and harassment against Dalits. The panel will be formed under the Government's 'Tanta Mukti' scheme which seeks to make villages free of disputes. Badole was presiding over a review meeting of his department at Mantralaya (Secretariat) on cases of Dalit atrocities reported from Ahmednagar district. "The village level committee will submit its report after every 15 days to district officials. Later, District Collector and Superintendent of Police will submit a report to the Government based on gravity of such cases," he said. The State Government will allocate sufficient funds to implement schemes for Dalit welfare, the Minister said. Elaborating on reasons for atrocities, Badole said, "Small issues like building a road to 'shamshan bhumi' (cremation ground), common water supply schemes and (taking out cultural or religious) processions hurt egos of some people. This results in differences between Dalits and other communities."

The Hindu

'Global initiative of Dalits in India, African-Americans in U.S. needed'

HTTP://WWW.THEHINDU.COM/NEWS/CITIES/BANGALORE/GLOBAL-INITIATIVE-OF-DALITS-IN-INDIA-AFRICANAMERICANS-IN-US-NEEDED/ARTICLE7405625.ECE

STAFF REPORTER

Through common experiences of oppression and the struggle against it, there should be a global initiative of Dalits in India and African-Americans in the U.S. against discriminatory practices, said a cross-section of social researchers here on Thursday.

The seminar, 'Dalits and African-Americans in 21st century: Learning from Cross-Cultural Experiences', organised by the National Law School of India University (NLSIU), saw prominent American and Indian researchers deliberating on the need to define and provide solutions to continuing discrimination against the communities.

Sukhadeo Thorat, chairperson, Indian Council for Social Science Research, said though discrimination had reduced in public spaces, such as fair price shops, police stations, among others, it continued to remain unchanged in private spaces — in homes and religious practices — of rural India. He further warned:"Affirmative action suffers in privatisation. Though reservation is voluntary for the private sector, less than 12 per cent of a commerce body had consented to it," said Prof. Thorat.

Kevin D. Brown, American author and academic, who has researched race-based discrimination, believed the deep-entrenched caste system could only be tackled by targeting the belief that still upholds caste hierarchy: the belief in reincarnation.

The New Indian Express

Oscar for Job Quota in Private Firms

BENGALURU: The government should come forward to implement reservation in private firms, former union minister Oscar Fernandes said. He was speaking at the inauguration of the two-day international seminar on 'Dalits and African-Americans in 21st century: Learning from cross-cultural experiences'.

The Centre for Study of Social Exclusion and Inclusive Policies (CSSEIP), Dr Ambedkar Studies Centre and National Law school of India University (NLSIU) organised the seminar at the International Training Centre of NLSIU on Thursday.

Fernandes said, "Governments are giving contracts to agencies to fill vacancies and the agencies do not follow reservation."

He said, "Ambedkar was not the first person from the backward community to miss out on social privileges. Karna and Ekalavya are some historical examples who did not get educational privileges due to their background."  Speaking about people from the weaker sections who are being ill treated in both India and America, he said, "It is evident that people from backward communities in both the countries have been kept away from decision making or higher posts. Though an Anglo-African is the president of the US, the condition of his community has not changed in a big way."

The Tribune

A new Dalit assertion is round the corner

http://www.tribuneindia.com/news/comment/a-new-dalit-assertion-is-round-the-corner/104614.html

After successfully winning the right to take land on lease, Dalit activisits are now backing the cause of other small farmers who have also been pushed to the margins.

A beginning has been made. With 32 per cent population share, the highest among developed states, Dalits have started asserting themselves in Punjab. A movement has begun to take shape in the countryside, where they have been living on the margins.

It is difficult to gauge what momentum it will gain in the days to come but Sangrur's example certainly has the potential to take roots. Reason: It has not only produced an amazing success story but opened up opportunities for a new experiment in Punjab's predominantly agriculture-based rural economy.

The first seed of the movement was sown at Malwa region's Balad Kalan village in Sangrur district, where Dalits strived hard for about a year to win their legal right to till panchayat land. Yielding to the resolve and persisting struggle launched by 132 Dalit families in the village, the Panchayats Department has handed over about 84 acres of Panchayat land to them on lease for the current fiscal year (2015-16).

The successful endeavour to secure land on lease just turned out to be a medium for Dalits to unite at one platform. A surprising element is this is the first time the Malwa region is witnessing such a development among Dalits. Otherwise, Doaba is known as a stronghold of Dalits, especially in Hoshiarpur, Nawanshahr and Jalandhar districts, where the Dalit population is close to 40 per cent. In Malwa, Faridkot and Muktsar have a similarly high percentage of Dalits. "Various Government schemes for the so-called welfare of Dalits have not been reaching them. At the social level, there has been discrimination with them at all levels because of the pronounced problem of untouchability and casteism", says a Dalit activist involved in the movement. 

For how long the community would continue to suffer was the question bothering the young Dalit brigade for quite some time. Dalits have been facing oppression since ages but their exclusion at the social level, especially in rural areas, is quite evident. The land controversy at Balad Kalan provided them a legitimate opportunity to fight for their rights. Connected to land are other issues such as social prejudices faced by the community.  "The younger generation of Dalits is not prepared to tolerate discrimination. Our elders have suffered a lot but we are not prepared to take such humiliation in our stride", says Dalit activist Umesh.  

Though the Panchayat Department is duty bound to give at least one-third of panchayat lands to Dalits on lease, mischief was being played at the official level in connivance with influential people in the villages. Well-off people used to take the share of Dalits in panchayat land, creating dummy parties when offering bids for it. To counter this phenomenon, Dalits formed a "Zameen Prapati Sangarsh Committee" (A committee to struggle to take the land) last year.

After a long struggle, which turned violent at times, leading to the registration of criminal cases and even arrests of Dalit activists, the district administration finally agreed to lease land only for the Rabi crop, which means for only six months. But this year, it has been leased out to Dalits for the entire year.

 Another encouraging development is their tilt towards cooperative farming, which, if replicated, could bring about far-reaching changes in the pattern of agriculture in the state.

When they got the land for growing Rabi crops last year, the 132 Dalit families pooled together Rs 14.99 lakh,  some as loan from commission agents and others, as lease money. They also collected an additional Rs 11 lakh to nurse the crop. The outcome of this collective effort was 2,500 quintals of wheat. Each shareholder family was given two quintals of wheat and one full trolley of wheat chaff, besides green fodder for six months as a share from the divisible proceeds. The remaining wheat was sold in the market for Rs 24 lakh. "Our total expenditure on taking the land on lease and growing crops etc was Rs 26.50 lakh. We have repaid the loan after selling the surplus wheat in the market. Besides, each family got wheat, chaff and green fodder", says Bhag Singh, a member of the Committee. "Though last year we were allowed to grow only one crop, we earned money by doing collective farming which saved lot of money in various ways. This year, we will be growing two crops and will certainly earn good sum if nature does not play the villain. Moreover, the lease amount is 10 per cent less compared to the last year," he adds. Meanwhile, the Zameen Prapati Sangharsh Committee has spread its wings in almost the entire Sangrur district and some villages of adjoining Patiala district. The other important development is the Committee's backing to the cause of non-Dalit small and marginal farmers who have been pushed to the edge due to rapid increase in agricultural related inputs. "We feel the pain and problems being encountered by non-Dalit small and marginal farmers and are making an effort to take them along", asserts Mukesh. Interestingly, the large Dalit population has never been a dominant player in state politics but determines which party should come to power. For decades, Dalits stood by the Congress. With the rise of the Bahujan Samaj Party (BSP) in the 1990s, they gravitated towards it. The founder and builder of the BSP, the late Kanshi Ram belonged to Punjab. Following the decline of the BSP, Dalits, by and large, turned towards the SAD for the past some years. No one can guess at this stage as to what will happen next. However, with the assertion of Dalits in the politically significant Malwa region, there can be a decisive shift in the state's politics during the next Assembly election.

Two Circle

A Portrait of the Indian as a Young Dalit Girl: Part 5 – Janvi's Lawyer

http://twocircles.net/2015jul10/1436511490.html#.VZ9zR1-qqko

Submitted by TwoCircles.net on 10 July 2015 - 12:28pm

(Editor's note: This was first published on Yahoo.com as a single piece. We are reproducing the long form report in parts for TwoCircles.net readers.)

You are 13, kidnapped from your street along with three friends, drugged, raped, and dumped 150km away. No one could possibly blame you, but they do. The authorities investigate you instead of the accused men. What appeal does a young Dalit girl from Bhagana, Haryana bring to a nation that thinks it has now become sensitive to sexual assault? Is it enough to live on the pavement at Jantar Mantar for months on end, hoping someone will notice your call for justice? How long will your fight for a new life last?

By Priyanka Dubey

On July 21, 2014 the parents of three of the four girls were sitting inside Room No 434 of the lawyers' area situated in the Hisar mini-secretariat. They had woken up at 3 am at their Jantar Mantar camp in Delhi. Then they walked to Kashmiri Gate and got on the cheapest bus available to reach Hisar in Haryana. The girls' case was listed for hearing that day in the Haryana trial court.

When I arrive in the morning, the families are sitting in the protest camp outside the mini-secretariat. Over the last two years, some of the families have made do at the camp. Others have started living in small rented rooms in Hisar. The families from the Chamar and Khanti communities who have been in Hisar for two years helped the Dhanuk families find daily wage work and cheap places to live. All of them take turns to sit at the Hisar protest site.

Later in the lawyer's chamber, the girls' lawyer Jitendra Khush told the parents about recent developments in the case. None of it was good news.

On July 8, Jitendra Khush and his senior Ram Niwas had filed an application in the Hisar court for a re-investigation, arguing that the Haryana police had been biased and negligent. They also argued that the magistrate had violated the provisions of Section 164 (CrPC) by not giving the girls the mandatory warning that they only had to make the statement if they felt unafraid and comfortable, that there was no compulsion for them to make it right then in the middle of the night. Despite the victims mentioning that they knew three of the assailants, the magistrate did not ask the girls to identity them, nor did he mention any names in the recorded statement.

The lawyers' application further argues that there was a caste bias on the part of the authorities towards the Dalit girls. Despite corroborating the statements of the victims and their families who accuse sarpanch Rakesh Panghal and his uncle Virendra of conspiring in the abduction and gang-rape of the victims, the police have not filed any charges against them. Moreover, the application questions the Haryana police for trying to discredit the allegations of the survivors by dropping Section 328 of the IPC from the charge-sheet.

In a written reply that had arrived the morning of July 21, the Haryana police categorically denied all charges and asserted that the investigation was done properly. And brought in a shocking new red herring. In their response, the police said they had looked at the "call details of the victims." To sum up, they found a phone, which they say, belonged to one of the girls. They say that the GPS data indicated that before Bhatinda Railway Station, the phone was last located at a place called Sathrod. The police argued that the girls would have had to change two trains to reach Bhatinda, and this could not have been possible if they were unconscious. The police also say that the girls' medical reports do not prove the presence of any sedatives (considering the medical examination was done almost two full days after their abduction, this is unsurprising).

I have been here before with police massaging the evidence of difficult sexual violence cases into a story of romance, youthful high spirits or honor killings – shifting the blame to the victim or the victim's family. As I was following the story of the girls of Bhagana, another gang-rape case I had reported on, one that had ended in murder, was taking that direction in Uttar Pradesh.

I asked Khush how the mobile phone location of one girl confirmed the presence of other three with her. And at a more fundamental level, where had the police found this phone and how had they established that it belonged to the girls?

Khush was firm. "But the police are right. The eldest girl had a phone! Don't you see the call records? 99.9 % rape cases here are like that only. They are all consensual," he added. The parents were puzzled and quiet. Part of it was that they had trouble following non-Haryanvi Hindi.

I asked why he didn't believe his own client, and how he could say that most rapes in Haryana were consensual. "So what do you think about those numerous cases in which women file a complaint after one or two years of being raped? And sometimes they say that they were being raped continuously for months? How is it possible? I think first they form relations with consent and then file charges of rape later if they feel cheated or neglected. And in this case, call records show that the girls went on their own."

Back in Delhi, a team of lawyers from the non-profit group Human Rights Law Network (HRLN) has been fighting a separate case in the Supreme Court for the compensation and proper rehabilitation of the Bhagana Dalits. They believe that the gang-rape is a new extension in crimes against Dalits in that region.

I went to see the Hisar SP Vikas Dhankar, who also has an office in the mini-secretariat. He emphasized that they have been diligent in their investigations. And unbiased, of course. With a distressed expression, he said, "Lower caste? You should know that these lower caste people are now coming out and filing complaints against the atrocities happening to them. The situation is not like how it used to be years ago. And I tell you, wait for next 10 years. This whole caste system will get finished itself. You see, with all these inter-caste marriages happening around, how can caste survive?"

*Names of all rape survivors and their relatives have been changed.

News monitored by Girish Pant & AJEET

PUDR report on SIMI's saga with UAPA tribunals released

By TCN News,

New Delhi: Banned and Damned: SIMI's Saga with UAPA Tribunals, a report presenting an analysis of the Unlawful Activities (Prevention) Act (UAPA) Tribunals' through a detailed study of two recent judgements (2010 and 2012) and argues against the ban provisions, was released here on Wednesday.

The report/analysis builds a strong case as to why the UAPA should be repealed and demands repeal of the Act, a release from the People's Union for Democratic Rights (PUDR) said.

Since 2001, the Students Islamic Movement of India (SIMI) has remained banned as an 'unlawful' organization under the UAPA for allegedly pursuing anti-national activities. The ban provision under UAPA mandates setting up of a Tribunal, which is expected to adjudicate the government's notification and also offer the banned organization a chance of challenging its proscription. "SIMI challenged the ban seven times and seven successive Tribunals have upheld the government's decision," the release said.

Some of the salient points raised in the report are as follows:

1. The context: Historicizing the case of SIMI's repeated bans, the opening chapter presents the contradiction between Tribunal verdicts and those of trial courts. Unlike the Tribunal judgements, which routinely affirm the ban on SIMI, the trial courts have acquitted a large number of SIMI activists in the last 14 years. This trend of acquittal which has continued in recent times, including the Hubli conspiracy case, begs the question as to why the Tribunals remain unaffected by the trial court verdicts while pronouncing their ban orders?

2. Repeated violations: Since 2001, as per law, a single High Court judge has presided over the UAPA Tribunals. However, in 2008 under Justice Gita Mittal, the ban on SIMI was lifted as the judge pointed out that the necessary 'grounds' supporting the ban notifications had not been provided by the Government in its submissions before the Tribunal. The three previous Tribunals – of 2001, 2003 and 2006 – had violated the Act as they merely ratified the Government notification without perusal of the necessary grounds. No action was ever taken against these violations and even the cancellation of ban order was reverted by the Supreme Court, which stayed the Tribunal's judgment for the entire period of two years, till 2010.

3. Partisan provisions: The UAPA sections 3-9 deal with the ban provisions meant for unlawful organizations and mandate the procedural safeguards necessary for the functioning of the Tribunal. However, a closer look at the repeated phraseology in the judgments, "against public interest"/ "immediate effect"/ "sufficient cause"/ "as far as practicable"/ "so far as may be", confirms that the fine print of the Act contains several caveats which ensure the dilution of safeguards. This erosion enables the government to implement bans with "immediate effect", nullifying the need for any check or ratification. Additionally, the prosecution can withhold information before the Tribunal on the grounds of "public interest" and not show concrete evidence. Furthermore, the Tribunal's pliant judicial character can restrict the grounds to only "one ground" for fulfilling the sufficiency cause and disregard mandated procedures of normal law on the plea of "as far as practicable" or "so far as may be".

4. Prejudiced proceedings: Since the process of adjudication is meant to adhere to those of a civil suit, the Tribunal offers wide latitude to the prosecution in building its case against SIMI. In keeping with the rhetoric of Islamic terrorism, the prosecution demonstrates country-wide "terror plots" hatched by SIMI suspects; denounces several organizations as "front organizations" which work subversively in favour of SIMI; and produces a sweeping range of "banned literature" which are said to circulate in the form of songs, poems, leaflets, receipts, books, CDs, DVDs and emails etc. In short, the prosecution's case is that despite the ban, SIMI has been working clandestinely and grown through its proximity with Islamic terror organizations. Given the Tribunal's lowered threshold for admitting evidence, the prosecution easily submits "decade old cases" with minor modifications as legitimate ones; furnishes police confessions as testimonies; and, withholds evidence on grounds of "public interest".

5. Unfair judgments: The ban provision along with Section 41 of the Act, which insists that an organization continues despite any "formal act of dissolution", prevents any possible fair chance for the aggrieved organization. SIMIs claim that it had ceased to function after the ban was never accepted as the prosecution repeatedly rehearses its clandestine activities. Further, the locus standi of the erstwhile SIMI activists who appeared before the 2012 Tribunal as "aggrieved persons" allowed for under Section 6 of the Act was challenged by the government counsel on the grounds that the said the erstwhile activists had to admitted as "members of a continuing organization", a claim which was upheld by the Tribunal judge.

6. The intent: Contrary to their role of providing checks and balances, the Tribunal judges' readily concur with the prosecution's case and the proceedings offer enough space for admitting personal biases in the name of adjudication. The role of the Tribunal is adjusted to suit the Governments' needs as it cannot seek authenticity of the documents provided by, or ascertain the nature of the cases presented by the prosecution. Nor can it intervene in the situation of wide-scale arrests that happen with the declaration of bans with "immediate effect".

7. Review Committees: While the analysis is restricted to a study of Tribunals meant for 'unlawful' organizations, the report urges for a need to challenge the review process meant for 'terrorist' organizations. The inherent arbitrariness of the Act is evident in its distinction between 'unlawful' and 'terrorist' organizations and a delegation of a Review Committee instead of a Tribunal for dealing with 'de-notification' of terrorist organisations. The Review Committees are but euphemism for Advisory Boards which were rejected by the Supreme Court in the VG Row judgement (1952) and subsequently by the Jamaat-e-Islami Hind judgment in 1995.

8. Why UAPA must be repealed?: Among the recent amendments of the Act, the enhancement of the ban period from two to five years on the suggestion of the 2012 judge has effectively confirmed a permanent ban on SIMI. Yet, the successive Tribunals have admitted that these bans have been ineffective in curbing SIMI. Why then are bans sought, particularly since they engender a culture of proscription and clandestine activities? If the official argument is that bans are meant to curb violent actions and ideologies, then it is legitimate to question why only certain dissenting organizations are targeted in the name of national security. The discriminatory application is compounded by the fact that laws like the UAPA invent new categories of crimes based on intention through which the Government can target organizations and their members. The most routine charges levelled against SIMI is that of membership and of 'unlawful' activities and both carry stiff punishment ranging from two years to life imprisonment, including death penalty. The several case studies in the report show the sectarian nature of the Act as it has generated numerous social and economic hardships for Muslim men who stand accused under it. The report calls for the repeal of the Act as it generates sectarian politics, creates new classes of offenders based on their organizational affiliation and attacks them with legislated violence.

9. In defense of political freedoms: The report emphasises the need to safeguard the Constitutionally guaranteed political freedoms, of speech, association and assembly, which stand threatened under the Act. Today, more than before there is a greater need to challenge the proviso, "reasonable restrictions" with its infamous history dating back to 1951 as large ambits of our political life are restricted by it.

The report concludes by affirming that it is better to err, if at all, on the side of freedoms than to get trapped in the 'discrete charm' of security phobia which thrives on fear and falsifications.

REDRAFT CONSTITUTION 2015 AND CREATE A FRAMEWORK FOR ECONOMIC REVOLUTION

[Notwithstanding the above points of view, let us remind ourselves that we, as a Nation, have freely chosen to join the WTO in 2004 and are, thus, bound by our international treaty obligations. WTO requires of us to not just provide MFN treatment to foreign businesses but, so too, 'national treatment'.  WTO also protects our vulnerable status of being a 'yam between two boulders' by disallowing infringement of our transit rights. Indeed, after we signed the WTO treaty we began to think afresh towards engaging proactively with all our neighbours through such conceptual innovations as SAGQ/SASEC/BBIN, BIMSTEC and, lately, China, India and Nepal Trilateral Cooperation.]  

By Madhukar SJB Rana

Professor SAIM and Former Finance Minister

Political and social revolutions can be ushered in through violence or non violence. However, neither gains will be peaceful, and self sustaining, unless garnered and nourished by factors and forces of economics.

First and foremost, the long winded Preamble envisioning a "socialist state" must be expunged. For the simple reason that the Constitution must be neutral to any political ideology — capitalism, socialism, communism, pragmatism.

After all, it is the right of the political party in power, with or without a coalition government, to rule the country as per its election manifesto. And who knows what new political ideologies can appear in the 21st century as the world is :

a) battered by climate change and global warming that threatens the very existence of planet Earth;

b) threatened by unprecedented inequality of income and wealth where the so called 'sovereign individuals' own more assets and income than sovereign nation states calling for a new national and international economic structures and financial architecture for democratic governance;

c) undeniably facing a clash of civilisations and cultures where individuals, nations and regions seek their own identities.   

Furthermore, as a vision statement it is faulty. What is the sought after final destination envisaged by the phrase "socialist state"? This is unknown. Hence the phrase only specifies a journey which may be perfectly acceptable as mission statements of all manner socialist parties but quite inappropriate in the Constitution's preamble.

Notwithstanding the above points of view, let us remind ourselves that we, as a Nation, have freely chosen to join the WTO in 2004 and are, thus, bound by our international treaty obligations. WTO requires of us to not just provide MFN treatment to foreign businesses but, so too, 'national treatment'.  WTO also protects our vulnerable status of being a 'yam between two boulders' by disallowing infringement of our transit rights. Indeed, after we signed the WTO treaty we began to think afresh towards engaging proactively with all our neighbours through such conceptual innovations as SAGQ/SASEC/BBIN, BIMSTEC and, lately, China, India and Nepal Trilateral Cooperation.  

The reason why we joined the WTO is to be part and parcel of the globalisation process by opening our economy and society to the outside world inviting global technology, human and intellectual and financial capital; as well as having Nepalese workers to join the international labour market. And Nepalese businesses to trade and invest abroad and, hopefully, invent our very own MNCs in the process.

All these international economic goals calls for robust multilateral, regional and sub-regional economic diplomacy and passionate patriotism—not  narrow minded nationalism as imbibed so glaringly in the draft Constitution. It smacks of a geo-psychological inferiority complex in our political leadership forgetting that we are the 45th largest country amidst the 200 nations around the globe.

Inward looking nationalism is out of tune with the emerging new world order of the 21st century since it is going to be an international order built on a balance of power between regional blocs. This hypothesis will be soon tested as post Referendum Greece will not be exited by Germany and France from either the Euro or EU. Greece's civilisational contribution and geography are far too vital for the people of Europe as a whole, as well as US' interest and NATO.

It is humbly submitted that a new Nepal be built on the Market as the  5th Pillar of the new State. This needs to be duly recognised and enshrined in the Constitution. The market, as an institution, not only allows for poverty eradication, as historically proven, but guarantees economic freedom to all. Also, it gives due legal space, when appropriately regulated by the State to safeguard against all manner of anti competition behaviour, including protecting consumer sovereignty, rights and individual welfare though creation of Consumer Courts.

Socialists and Communists dislike Adam Smith, the Father of Modern Economics, conveniently forgetting that it was his intellectual contribution that ended feudalism in Europe by ushering in the Industrial Revolution in UK that later spread all over Europe and North America. They dislike the fact that it is not through the benevolence of the State and the political masters that we progress materially as a Nation; but actually do so by pursing our own self-interest in a spirit of free competition with freedom of entry and exit in compliance with the rue of law.

This is not to say that Adam Smith believed business people to be like angels. Very frequently he warns us of their tendency to avoid competition though collusion to extract maximum rent by controlling production, distribution and compromising on quality and standards. He also recognised that a business-dominated political system would be at the cost of public welfare since they would influence public policies and laws.

This is the rationale behind why we need a Competition Commission as a constitutionally chartered autonomous institution. And a Competition Act duly promulgated by the Parliament on which basis the Competition Commission is empowered to make judgement to protect the Market as a Fundamental Institution of Nepal.

Adam Smith does not argue for laissez faire. His free market is one where there is free competition in product, labour, land, capital or any other market. With the government limiting itself to enforcement of laws to protect competition and to strongly ensure rectification of all manner of inequality in bargaining power between labour, capital, land and other resources owners.

It is on the foundation of classical Smith that we now universally invoke Private Public Partnerships (3Ps) for optimal economic management in the wake of huge risks and uncertainties in the 21st century global world economic order. It is in this context that we argue here that there should now be room for People Private Public Partnerships (4Ps) in the management of our national economy. After all natural resources in Nepal are mostly owned by the local People.

It is often forgotten how intensely moral Adam Smith was. He was a pre eminent moral philosopher. Faced with the ill repute that 21st century financial capitalism has generated for itself, it may be time now for the State to promote the new concept of 'compassionate capitalism' where Moral Markets are promoted through sound and firm legal and judicial systems, as well as well as good corporate and entrepreneurial ethical behaviour.  

मित्रवर

'तितास एकटि नदीर नाम' को बांग्ला के पहले दलित उपन्यास का दर्जा हासिल है। इसके लेखक अद्वैत खुद दलित मालो समुदाय से थे। 1956 में जब यह उपन्यास छपा था, तब तक अद्वैत मल्लबर्मन की मात्र सैंतीस साल की उम्र में अकाल मौत हो चुकी थी। वर्ण व्यवस्था और उसके भीतर से पैदा होनेवाली सामाजिक विकृतियों का मुखर प्रतिरोध इस उपन्यास को नया परिप्रेक्ष्य देता है। बंगाली समाज में मौजूद 'छुआछूत' और 'जातिप्रथा' के तमाम मार्मिक प्रसंग इस उपन्यास को व्यापक फलक और व्यापक परिप्रेक्ष्य की कथाकृति बनाते हैं। बांग्लाभाषी समाज की विषम संरचना ने सामाजिक दृश्य पट में जो कड़वाहट घोली है, उसकी तीखी और तिलमिला देनेवाली अनुभूति के लिए अद्वैत ने तितास किनारे बसे गाँवों को बैरोमीटर बनाया है जो पूरे बंगाल का बैरोमीटर बन गया है। इस बेहद महत्वपूर्ण उपन्यास का हिंदी अनुवाद तितास एक नदी का नाम हिंदी समय (http://www.hindisamay.com)पर प्रस्तुत करते हुए हम एक हार्दिक संतोष का अनुभव कर रहे हैं। साथ में पढ़ें कृपाशंकर चौबे का जायजा लेता हुआ आलेख बांग्ला दलित उपन्यास : अतीत और वर्तमान।

कबीर ऐसे कवि हैं जो जितने प्रासंगिक अपने समय में थे उतने ही प्रासंगिक आज भी हैं। यहाँ कबीर की कविता पर केंद्रित सदानंद शाही का व्याख्यानसबदन मारि जगाये रे फकीरवा। कबीर की तरह महात्मा गांधी भी लगातार हमारे लिए जरूरी बने हुए हैं। यहाँ पढ़ें गिरीश्वर मिश्र का निबंध गांधी जी की मानव-दृष्टि : नियति और संभावना। कहानियों के अंतर्गत पढ़ें चर्चित युवा कथाकार जेब अख्तर की पाँच कहानियाँ - नाली, अंबेदकर जयंती, जींस वाली लड़की, मैं ठीक हूँ पापा और एक्सट्रा वर्जिन। आलोचना में पढ़ें राजेंद्र यादव की कहानी 'उसका आना' पर केंद्रित राकेश बिहारी का लेख आत्महंता उत्सवधर्मिता की कहानी तथा त्रिलोचन की कहानी 'सोलह आने' पर केंद्रित राहुल शर्मा का लेख व्यक्ति चरित्र की कसौटी 'सोलह आने'। व्यंग्य के अंतर्गत पढ़ें अरविंद कुमार खेड़े के चार व्यंग्य - अंधा बाँटे रेवड़ी, चल दरिया में डूब जाएँ, गधा बन कर ही खुश रहा जा सकता है और सुबह की सैर और कुत्ते। विशेष में पढ़ें मदन पाल सिंह का आलेख समकालीन फ्रेंच कविता और उसका विधान। इसी तरह सिनेमा के अंतर्गत प्रस्तुत है विजय शर्मा का लेखशेक्सपीयर सिनेमा के परदे पर। एक समय के बेहद चर्चित कवि कमलेश पिछले दिनों हमारे बीच में नहीं रहे। यहाँ उनकी कुछ कविताएँ प्रस्तुत की जा रही हैं। साथ में पढ़ें यशस्विनी, सुभाष राय, अनवर सुहैल और आत्माराम शर्मा की भी कविताएँ।

मित्रों हम हिंदी समय में लगातार कुछ ऐसा व्यापक बदलाव लाने की कोशिश में हैं जिससे कि यह आपकी अपेक्षाओं पर और भी खरा उतर सके। हम चाहते हैं कि इसमें आपकी भी सक्रिय भागीदारी हो। आपकी प्रतिक्रियाओं का स्वागत है। हमेशा की तरह आपकी प्रतिक्रियाओं का इंतजार रहेगा।

सादर, सप्रेम

अरुणेश नीरन

संपादक, हिंदी समय

तितास एक नदी का नाम (उपन्यास) अद्वैत मल्लबर्मन http://www.hindisamay.com/e-content/titas%20single%20page.pdf 'तितास एकटि नदीर नाम' को बांग्ला के पहले दलित उपन्यास का दर्जा हासिल है। इसके लेखक अद्वैत खुद दलित मालो समुदाय से थे। 1956 में जब यह उपन्यास छपा था, तब तक अद्वैत मल्लबर्मन की मात्र सैंतीस साल की उम्र में अकाल मौत हो चुकी थी। वर्ण व्यवस्था और उसके भीतर से पैदा होनेवाली सामाजिक विकृतियों का मुखर प्रतिरोध इस उपन्यास को नया परिप्रेक्ष्य देता है। बंगाली समाज में मौजूद 'छुआछूत' और 'जातिप्रथा' के तमाम मार्मिक प्रसंग इस उपन्यास को व्यापक फलक और व्यापक परिप्रेक्ष्य की कथाकृति बनाते हैं। सबसे तात्पर्यपूर्ण यह है कि हाशिए के आदमी को लिखने की कोशिश में ही अद्वैत की यह रचना संभव हुई है। बांग्लाभाषी समाज की विषम संरचना ने सामाजिक दृश्य पट में जो कड़वाहट घोली है, उसकी तीखी और तिलमिला देनेवाली अनुभूति के लिए अद्वैत ने तितास किनारे बसे गाँवों को बैरोमीटर बनाया है जो पूरे बंगाल का बैरोमीटर बन गया है। जायजा कृपाशंकर चौबे बांग्ला दलित उपन्यास : अतीत और वर्तमान काव्य परंपरा सदानंद शाही सबदन मारि जगाये रे फकीरवा निबंध गिरीश्वर मिश्र गांधी जी की मानव-दृष्टि : नियति और संभावना पाँच कहानियाँ जेब अख्तर नाली  अंबेदकर जयंती जींस वाली लड़की मैं ठीक हूँ पापा  एक्सट्रा वर्जिन आलोचना राकेश बिहारी आत्महंता उत्सवधर्मिता की कहानी  (संदर्भ : राजेंद्र यादव की कहानी 'उसका आना') राहुल शर्मा व्यक्ति चरित्र की कसौटी 'सोलह आने'  (संदर्भ : त्रिलोचन की कहानी 'सोलह आने') व्यंग्य अरविंद कुमार खेड़े अंधा बाँटे रेवड़ी  चल दरिया में डूब जाए गधा बन कर ही खुश रहा जा सकता है  सुबह की सैर और कुत्ते विशेष मदन पाल सिंह समकालीन फ्रेंच कविता और उसका विधान कविताएँ यशस्विनी सुभाष राय अनवर सुहैल आत्माराम शर्मा सिनेमा विजय शर्मा शेक्सपीयर सिनेमा के परदे पर