Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Saturday, 21 July 2018

Padi RFO Pranay Naik harassing Goa's tribal People


Urgently call up Padi RFO Pranay Naik and lodge your protest. His mobile no: 7798986166.



According to reports one tribal person from Gokuldem, Quepem, Goa named Bhiva Kust Velip has been booked for trespass into forest and cutting of trees by Range Forest Officer (RFO), Padi, Goa. Moreover according to reports RFO has asked Velip to fill up self incriminating Affidavit admitting that Velip was involved in illegal cutting of tree and willing to pay whatsoever fines imposed by the Government according to law in force and to appear before RFO whenever called. When this Freemason law did came in force in Goa. There are already three Judgments of Supreme Court of India that has termed December 1961 armed entry into Goa ordered by Indian Congress Party’s Nehru as an act of Conquest. This means that act of Padi RFO is colonial in nature.The fact that RFO goes and penalizes tribal person Bhiva Kust Velip for cutting of 12 trees, trimming of 13 trees and burning the area of government forest of Gokuldem village of Quepem Taluka on July 20, 2018
.

Shifting cultivation in forest is well known practice of tribal people all over the world based on principle of regeneration of ecology as venues of cultivation is changed after every few years and forest is allowed to regenerate. If Goa’s own tribal people are harassed this way then where is Freedom we celebrate on August 15? Where is Liberation that we celebrate on December 19? Why government diverted large amount of forest land to mining? Mining companies not only cut down trees but entire mountains razed down exported.

Bharat Mukti Morcha, Goa Unit strongly condemns act of Padi RFO to use intimidation of law against tribal people of Goa and calls for immediate halt to ongoing harassment.

Urgently call up Padi RFO Pranay Naik and lodge your protest. His mobile no: 7798986166.


Thursday, 19 July 2018

Attack on Jose Oliviera at Merces


Today July 19, 2018 at  10.30 am Jose Oliveira was brutally attacked near Merces Panchayat. According to reports from Old Police Station his complaint has been received and he has been sent medical tests at Goa Medical College, Bambolim. Jose Oliveira is involved in active resistance against filling of paddy fields in Goa and complaining on various CRZ violations. Sources indicate that Oliveira was bleeding through the nose after attack in full day light. Bharat Mukti Morcha condemns this ghastly act of violence. Please call Old Goa Police Station and insist that FIR be registered in this case. Here is landline of Old Goa Police Station : 08322285301.


Tuesday, 17 July 2018

Second attack on Sonshi mining protester




Bharat Mukti Morcha, Goa Unit condemns second attack on Surendra Sablo Gawde early morning today July 17, 2018 in Sonshi, Sattari, Goa while on his way back home after night duty at work. He is leading protest against mining industry and has filed several petitions in Courts in Goa. Two men wearing black dresses with masks and with knives attacked him on Sonshi internal road. He managed to escape without sustaining any injury leaving his bike on the spot.

Surendra Gawade and GAKUVED Federation had filed complaint on 12.07.2018 at the Valpoi police station, office of the SP and before the ST Commission about the threat call and first attack.

Surendra Gawade and the mining affected villagers had filed petitions in the High Court, Goa Human Rights Commission and Goa ST Commission against the mining companies earlier this year for various violations by the mining companies.

No action by the Goa police or concern authorities till date. No FIR has been registered so far. It appears that all authorities are hand in gloves to intimidate Surendra Gawade and the tribal villagers of Sonshi. This incident proves collapse of constitutional machinery in Goa and rule of Manusmriti enforced deliberately for bamon supremacy and capitalism aggression.     


The very fact that in spite of nearly 2,000 personnel with Goa police Surendra is attacked by armed goons is clear sign that the command structure of goons has positive nexus with local MLA as well the Home Minister. It is totally unthinkable that when Goa has such good police system open attacks are launched against citizens. It looks as if Goa government is driving State of Goa towards civil war.

Attack on Surendra is the latest in the series of attacks witnessed recently like that on Nilesh Gaonkar and Ravindra Velip of Cavrem, Rama Kankonkar and Arturo D'Souza of Tiswadi. Lessons of history teach us that for the survival of Bamon Raj violence is actively engaged as strategy. 

Goa's home ministry even inducted special secretary who is an IAS officer Anjali Sherawat and several IPS officers and yet law and order is allowed to breach to benefit mining industry by violating Right to Life and creating fear in Society. People of Goa will be left with no option but to set Manusmriti ablaze in every vaddo of every village and city of Goa.

Jai Mulnivasi!

Monday, 16 July 2018

Acid attack on mining opponent in Honda, Sattari

Bharat Mukti Morcha, Goa Unit condemns acid attack and threats to Sonshi mining protestor. Surendra Shablo Gawde from Sonshi, Sattari, Goa leads protest against open cast iron ore mining industry that compose of Vedanta, Sesa Goa, Quenim, Salgaocars amongst others.  Surendra is currently facing intimidation and threats from unknown culprits.  On June 30, 2018 unknown Hindi speaking man dashed against Surendra on the main road in Honda, Sattari, Goa; put something in his hand on Surendra's back shoulder and then quickly apologized and went away. Surendra proceeded home and found himself uneasy at shoulder back. He asked his mother to check his back and mother found bubbles underneath his skin. Not suspecting anything serious Surendra began treating wounds with home remedies but wound was slow to heal.

Then after four days on July 04, 2018 Surendra got an internet call on his mobile without any number. Caller identified himself as the same person who has dashed against him at Honda road and thrown acid on his back. Caller did not disclose his name and address but demanded that he withdraws all the cases against mining companies filed by him in various legal authorities.
  
After this Surendra informed his collaborators and villagers, and filed complaint at Valpoi Police Station where Shivram Vaingankar is currently Police Inspector. Police did not register FIR. On July 13, 2018 Surendra was called to the Police Station and taken for medical check up at Valpoi Health Centre, Valpoi. Doctor-on-duty after examining Surendra told him that he had wasted his half an hour and henceforth not to oppose mining industry in Sonshi. Identity of this doctor needs to be traced for giving such nasty advice. Police has to investigate whether local MLA Viswajit Rane is involved in pressurizing the doctor to communicate this message to all the mining protesters in Goa.  
  
Question arises as to whether this type of attack was on any bamon or Chief Minister or Ministers or Governor or IAS officer or IPS officer or IFS officer would police be as lazy as in this case of Surendra Sablo Gawde? Or are police under order from Home Ministry to act lazy so that extra-legal agents prowling around could intimidate protesters against mining?

Bharat Mukti Morcha express total support and solidarity with Surendra Sablo Gawde and his organization - GAKUVED. Bharat Mukti Morcha calls for investigations from Cyber crime cell in order to detect identity of the culprit and enforce arrest. If Goa's Home Minister wants he can easily find identity of the culprit and master mind behind this. The problem is that Home Minister of Goa is also the Mining minister. 
   
Discuss this message with at least five people in your contact. Then form local action group wherever you are to follow up on the matter. Together lets march towards Justice, together let’s build up Peace. Let’s together destroy dominating powers against humanity and against ecology. 

Jai Mulnivasi!

Friday, 15 June 2018

Defiance against Draft CRZ notification 2018




Date: 15th June 2018

To,
The Director,
Ministry of Environment, Forest and Climate Change,
(IA-III Division)
Telefax: 011-24695340
e-mail: arvind.nautiyal@gov.in
J-615, Jal Block, Indira Paryavaran Bhawan,
Jor Bagh Road, New Delhi – 110003

Subject: Defiance against Draft CRZ notification 2018

Sir,

This is in response to the Public Notice dated 18.04.2018 on your ministry’s website with subject “Draft Coastal Regulation Zone Notification, 2018 – reg.” signed by Arvind Nautiyal calling for comments/ suggestions from all stakeholders within 60 days. Our comments as under:

1. Draft CRZ notification 2018 aimed at supersession of Coastal Regulation Zone Notification 2011 excludes Goa from special protection in spite of its most fragile ecology. This made us to reflect deeper after our attempts to activate CRZ laws proved futile for the State of Goa. Recently we filed one complaint with Goa Coastal Zone Management Authority (GCZMA) against the construction of bund on the banks of Mandovi River involving cutting down of mangroves in CRZ I B. Construction work sanctioned and funded by Agriculture department, (Government of Goa) and being carried on by private contractor with supervision of Naveli-Goltim Communidade. Our investigations revealed that this work worth more than 10 crore is being carried on without CRZ clearance. RTI queries revealed that Agriculture department never sought permissions from Goa Coastal Zone Management Authority (GCZMA). On the contrary after our complaint GCZMA carried on joint site inspection with us, prepared report but never shared with us even after requesting to do so, and more importantly did not stop the bund construction work in CRZ area. After our investigations we leaned from Mr. Nelson Azavedo, Attorney of the Naveli-Goltim Communidade that CRZ laws are illegally enforced in Goa and Government of India has no jurisdiction to govern any of the Goa’s land.

2. This peculiar situation has arisen due to different colonial history of India and Goa with differing Jurisprudence. While India was governed and ruled by British, Goa was governed by Portuguese with far different legal practice. Portuguese laws in Goa applicable till date conflict with Indian laws relating to land. Portuguese signed Foral document in 1533 with the officials of local self governing village bodies in Goa known as communidades guaranteeing their autonomy in governance of land and village administration. This is a separate history from British rule in India.

3. Even though India attained so called Independence in 1947 its Constitution clearly prescribes dependence upon laws of the British government via Article 147. This is because India was ruled by British and Goa was not. So Constitution is relevant to ex-British colony and not to Goa which was never a British colony.

4. This system continued till Goa got merged into India in December 1961 after Congress government led by Jawaharlal Nehru ordered Indian Army march into Goa on December 17th 1961 and on 18th December 1961 mid night Soviet Union exercised veto power over UN Security Council resolution to help India in its mission. India established the so-called control over Goa on 19th December 1961. Though this event is known popularly as “Goa’s Liberation”, according to one of the Supreme Court of India’s Judgment relating to mining “Goa was annexed through Conquest”.

5. Prior to this conquest India had its Consulate in Goa. Goa was a separate country. With the conquest political status of Goa changed overnight from being a separate country attached to Portugal to Union territory of India. Indian rule in Goa sidelined communidades and established Panchayat rule at village level. This sadly, caused harm to the self-governing system already in place and introduced secret vote based democracy. Commundades are democracy without secret voting but open direct deliberative democracy.

6. Opinion Poll that took place in 1967 it was not whether people of Goa wanted to be part of India or to be Independent nation. Law and economics colluded to severely compromise Goa’s ecological identity.

7. This is particularly so after 30th May 1987 when Goa was granted status as a separate State within India. The first cabinet meeting itself past tourism master plan within 24 hours of Statehood crowding Goa’s beaches with luxury hotels from North to South of Goa. This was opposed by Student organizations and Tourism Master Plan was dropped.

8. Goa faced renewed pressures on Coast from tourism lobbies after India adopted new economic policy in 1991 when Finance Minister Manmohan Singh ushered in New Economic Policy of Globalization. Several Golf Courses and Star Hotels were proposed on several beaches and land acquired but People of Goa fought back to stop at the planning stage itself. Since then people of Goa has been continuously battling to defend its shores from tourism, rivers from dredging from shipping and mountains from mining.

9. Draft Coastal Regulations Zone Notification is further intensification of this 1961 conquest of Goa, now at the behest of BJP. BJP is funded by corporate rather lavishly and it has grown to be one of the richest Political Party in the World with declared income of Rs. 1034 crore for the financial year 2016-17.

10. More dangerously, functioning of MoEF itself has been viewed with suspicion as Goa Chief Minister Manohar Parrikar has publicly stated in past that MoEF accepts bribes to grant Environmental Clearances.

11. Dr. Shailesh Nayak Committee never visited Goa to understand Goa’s  situation from mass of people. Why? 

12. If No Development Zone (NDZ) is applicable within notified Port Limits then it is applicable to Goa’s six National Waterways that are also under Jurisdiction of Mormugao Port Trust?

People of Goa are fully aware of Communidades as self-governing institutions. Government of India cannot full the People of Goa. CRZ in Goa doesn’t stand fruitful in anyway when Commuidades are true decision making bodies since time immemorial. So the issue is not of CRZ but of Freedom from Political regime that has introduced this notification to benefit corporates and banks in search of places to destroy ecology. At the end of 60 days comes 18 June which for us is a day of struggle for freedom, a day of defiance, Goa Revolution Day.

There will be a mass uprising in case these draft coastal regulation notification 2018 are finalized and enforced in Goa.

Thanking you,
Yours Sincerely,
 Sd/-
Maggie Silveira
President
Goa Unit

Copy: Member Secretary, Goa Zone Management Authority, Porvorim, Goa

Monday, 4 December 2017

Indian Government directive to locate land for aquisition on Goa River banks


After this letter from Indian Shipping Ministry it is clear that all the objections to Nationalization of Goa's rivers must reach to Captain of Ports, Panjim. These Jetties must be objected on priority at Captain of Ports office. BMM has already file objections. Click here to view.

Tuesday, 14 November 2017

Exclude Goa’s six rivers from National Waterways of India Act now!

Date: 14th November 2017

Bharat Mukti Morcha (BMM) strongly protests comments over the past one week with serious implications to Goa’s rivers and fishermen at large.

India’s Shipping Minister Nitin Gadkari was reported in media on 8th November 2017 to have passed several such comments we denounce:
1.     Gadkari said “Opposition to Coal transportation in Goa could be politically motivated”. Opposition to Coal is led by fishermen and is motivated by instincts of survival and livelihood. If Mr. Gadkari needs to know then he must come and meet fishermen directly in Vasco instead of five star hotel in Benaulim.
2.     Gadkari“Directed MPT to ascertain facts of Coal Pollution in Vasco”. Three Public Hearings lasting over a week has all the facts including public testimonies of affected people.
3.     Gadkari said “Due to Competitive International Market Capital dredging of 18 meters depth is a must. MoEF will be approached to obtain Environmental Clearance.” The capital dredging was stopped through litigations at NGT and Supreme Court. Should Goa’s fishermen, rivers and Arabian Sea be allowed to face ecological hazards from capital dredging because of competitive international market? Can economy prosper when ecology is forcibly destroyed?
4.     Gadkari said “On rivers, centre is funding riverfront development that includes dredging.” Dredging is proved to have caused ecological damage and MPT was stopped from carrying on the same few months ago. Now centre is funding river destruction project in Goa?
5.     Gadkari said “Utilization of State rivers could further boost tourism in the state as hotels could consider transporting tourists though waterways.” Mr. Gadkari has interest of tourism and hotels closer to his heart. Not at the cost of Goans and their sentiments. Mr. Gadkari is insensitive to fishermen and ignores constitutional provisions under Article 48-A and Article 51-A(g).
6.     Gadkari said “Sanctioned funds though Sagarmala program for infrastructure projects on riverfronts.” Without ascertaining ecological impact funds are sanctioned for Sagarmala. This is a bad governance.
7.     Gadkari said “Ferry service from Dabolim to Hotels directly”. This not only will impact fishing in rivers but also large number of people who are using taxi cars in tourism business.
8.     Gadkari said “Plans to make Ports in Country Green Ports”. If this is genuine then why persist in black Port at MPT.
9.     Gadkari said “Special Economic Zones would be set up at some Ports”. People of Goa has fought it tall, and it continues.

India’s Environment, Forest and Climate Change Minister Harsh Vardhan was reported in media on 10th November 2017 to have refused to comment on pollution caused by Coal in Vasco at MPT. This is really tragic; India’s environment Minister shying away from commenting on matters of pollution pertaining to his ministry. He advocated Scientific Social Responsibility and ignored Ministerial Social Responsibility.

Goa’s Chief Minister Manohar Parrikar was reported in media to have passed various objectionable comments.
1.     On 8th November 2017 “If the Coal really becomes a pollutant then we have to stop it.” Goa Chief Minister still has not realized that Coal has already created Public Health emergency in Vasco city and ecological crisis in Arabian Sea and Zuari river. More he chooses to ignore this three decade old menace more angry people of Goa will turn leading to unexpected consequences.
2.     On 11th November 2017 he is reported to have said “People will be taken into confidence on river nationalization MoUs”. Why people of Goa were not taken in confidence before inclusion of Goa’s rivers in a Schedule to National Waterways of India Act 2016?. Why the permission agreement of Goa government with Central government is kept secret document? It is very sad to know this very fact of Mr. Parrikar that what he speaks he never abides with, he always does the opposite. And it all goes in his personal interest and not in the interest of public.


BMM calls upon Government of India to amend The National Waterways of India Act 2016 to exclude Goa’s six rivers from the Schedule immediately. 

Saturday, 23 September 2017

Call for comprehensive defence of Goa's rivers

Bharat Mukti Morcha (BMM) calls for comprehensive defence of all the Rivers of Goa, including Tributaries and Catchment areas, as their health is well being of fishermen. BMM notes trends threatening Goa’s rivers and fishing. Declaration of Goa’s six rivers as National Inland Waterways and Sagarmala project are the two major dangers confronting Goa. Both have their origin with Indian government’s Ministry of Shipping headed by Nitin Gadkari. BMM notes that what harm Indian government is intending to do to Goa is already been done by European colonisers in New Zealand towards the natives - the Maoris.

BMM calls upon Fisheries Minister Mr. Palyenkar and Ports Minister Jayesh Salgaonkar to get their mind on the March 2017 law in defence of river Whanaganui passed in the Parliament of New Zealand before major catastrophe unleashes on Goa. After battling for 140 years in March 2017 law known as Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 was passed in which acknowledgment of damage to river and people included. Crown apology has been extended to erecting of Jetties, Clearing of River for Navigation purposes, Control and sale of river gravel and shingle, Acquisition of land on river bank and use of river as “highway”. The National Inland waterways status for Goa’s six rivers and Sagarmala project is a death warrant to fishermen and ecology of Goa through dredging and new Jetty constructions.

Further Goa Government and Central Government with Corporate nexus have colluded to shift Goa’s jurisdiction at National Green Tribunal (NGT) bench from Pune to Delhi. All these three combined coupled with State’s attempts to acquire land for Corporate benefits makes Goa a colony marked for massive intolerable abuse of people and ecology.


Nearly 200 years ago on 01st January 1818 five hundred Indian Mahars soldiers in British Army pulled down rule of Peshwayee in Pune. BMM infers that this memory is the reason India and Goa Government has shifted NGT jurisdiction to Delhi lest it becomes inspiration for Goans to revolt. All this because anti-environment projects are getting stalled? This is cheating. This action will be continuously opposed by fishermen and others like Maoris did in New Zealand. 

Tuesday, 22 August 2017

Groups across Goa condemn MoEF move on NGT



21st August 2017



This is to strongly condemn the Ministry of Environment and Forest and government of Goa for attempting to deny Goans access to justice by transforming NGT jurisdiction over Goa from Pune to Delhi. By a recent MOEF notification dated 10th August, Goa has been singled out as the only State in the country whose residents need to go far away to Delhi for Environmental justice, while the residents of other parts of the country are provided access at t he closest place possible.


We represent over 37 organizations from across Goa that came together yesterday to deliberate upon the shocking act of MOEF and to decide a course of action to obtain speedy relief to all Goans. We find that the present Government is progressively taking away all the rights of Goa as a State and that we are  increasingly being treated as a colony of Delhi. Though our Prime Minister spoke about “co-operative federalism” in his Independence Day speech a few days ago, this discriminatory action of MOEF shows the reality to be quite the opposite -  that Goa is treated as a foreign colony by our Government.


Goa is facing unprecedented and unparalleled destruction of Environment and displacement of local communities. As a result, Goa has the dubious distinction of having the largest number of cases before the NGT as compared with other states. Common Goans are forced to go to NGT  to defend their villages and future generations, flooding NGT Pune with matters from Goa. As demonstrated by NGT orders in various matters such as illegal dredging by MPT, the State and Union Government are hand-in-gloves with the private interests destroying Goa and her environment for short term greed. NGT, Pune is now become the last resort of Goans in their struggles to defend their lands and communities. However, the MOEF and Goa Governments have shown malafide intention to deny access to the NGT, since ordinary Goans cannot afford the cost or the time needed to approach NGT, Delhi.


The Hon’ble High Court of Bombay at Goa has taken sou moto cognisance of the MOEF Notification this morning and stayed its operation till 5th September 2017, and we thank the Hon’ble Court profusely for this interim relief. However, the threat to the people from the Government’s malafide intentions must see reason and not only restore the jurisdiction of Pune bench of the NGT over Goan matters, but also correct their attitude towards the people, the environment and the future generations, failing which the people will be forced to remain in a state of war against the destructive forces unleashed upon us.

Monday, 21 August 2017

West is North! India loose sense of direction!

"It shall be the fundamental duty of every citizen of India to protect and improve the Natural Environment including forests, lakes, rivers and wildlife, and to have compassion for all living creatures."
           - The Constitution of India Article 51-A(g)


 Fulfillment of Fundamental Duty

In order to pursue the fulfillment of ones fundamental duty to protect natural environment People of Goa Petitioned National Green Tribunal in Pune. Several disastrous corporate projects were halted at NGT: Tiracol, Siolim Jetty on Chapora River, MPT deadly dredging of Arabian Sea and several more instances.

Corporate chocked up. Money fueled into the coffers of BJP and other Parties were finding unjustifiable in the face of repeated whips from NGT Pune.

Finally bell rang on on the feast of St. Lawrence, Goa roasted on slow burning fire! Goa jurisdiction moved from Pune to Delhi on August 10, 2017 and notified the next day August 11, 2017.

Rise of anti-colonial movement

With a flicker of this decision Goa environment movement stands transformed into anti-colonial movement. Now Goa is a Colony of Delhi - the Capital of India. And Government of India transformed itself from Nationalist to Anti-nationalist government. Protection of natural environment that includes Forests, rivers, lakes, wildlife is a constitutional duty of every citizen. Suddenly this has been challenged with shift in NGT jurisdiction. Indian government instead of making it easier for Public to exercise their constitutional duty has imposed hurdles of geography around their neck. We don't know the exact reason but know the consequences: Chocking Goa to undignified death.

Indian State and the State in Goa has turned tyrannous and democracy is fast evaporating into skies. Ground stands barricaded.

Northern lust

Central government has already taken our rivers and put them under jurisdiction of Inland Waterways Authority of India that is again located in North India at Gurgaon. Noose around Goa People already tightened up due to invasive Aadhaar Card even though most have not even realized. 

Central Government is suffering from crisis of direction. It is unable to distinguish between North and West. So the writing on the wall is clear. One who does not have sense of direction is bound to bang his head on the wall! Central Government status today is somewhat like this. We wonder from where Indian government got this idea to treat Goa as private estate brought as dowry by 16th wife of fancy King?


Goa Invasion

This decision, if not revoked can have very disastrous consequences. In 1961 India invaded Goa and sustained with the Veto from USSR. Pri. Chico Montiero and Kid Boxer raised their voices (and paid price with their liberty) and were arrested tried and sentenced to prison. Pri. Monteiro to Chandigarh jail and Kid Boxer to Nasik Jail. They were then termed anti-nationals and their legacy suppressed. Now if Indian government continues this trend then both of them may well gain in stature as the Freedom Fighters against Indian Imperialism in Goa. In fact Voices are increasing in Goa that 1961 was not a liberation of Goa but an invasion by India. Latest voice is of Jerry Cal's song sung by Olga in Album "Ugdas M Boyeracho". The arrogant behavior of India towards Goa will only be an appetizer to the rise of Kid Boxer and Pri. Chico Mendes from their graves. Kid Boxer's famous verse against Indian Invasion is still cited by those who witnessed his arrest in Mapusa during Tiatr : "tum bhitor sorlai chukon, mottoloi sukonn; durreacho desh pochonam!"

Strange but true: Goa is under Indian invasion. and India is under bamani invasion. Therefore Goa is under Bamani invasion too. Even though we admit it privately and speak of it in whispers, its reality that challenges Goa today : Layers of invasions on our Geography and our Psyche. urgent combat needed.

MoEF corrupt

Manohar Parrikar publicly declared few years ago that corruption in Ministry of Environment and Forest is rampant and their officials are known to collect money bags from mining companies in exchange for granting of Environmental Clearances. It is likely that huge money bags has crossed into MoEF officials and proved Manohar Parrikar correct. Here is link to Manohar Parrikar's confident assertion on corruption in MoEF. 

CBI probe on the process followed in this West to North India episode of Goa will be helpful.In the meanwhile Goa Bench of Bombay High Court has stayed MoEF descision till September 05, 2017 when the matter will come up for the hearing.