Saturday, March 21, 2015

Encroachment Panorama

In our Previous blog Rulers of Footpath we tried to bring in front of our readers 
the different endeavor of earlier governments to evict hawkers from the pavements of 
Kolkata and the freebees offered by present government. The encroachment on 
pavements at Esplanade and Gariahat by illegal hawkers are known and seen by most 
of our readers. We took a round at different part of Kolkata and tried to capture 
few pictures of encroachment on pavements. We moved around the Lake Gardens area 
and found that in few places 100% of the pavements were encroached!





The Hawkers have taken the share on the pavements which we are all aware of by now. 
Let us see who else have taken share on the pavements of Kolkata. 
One of shareholders is political parties!!


Once upon a time “Mera Bharat Mahaan” party, ie Indian National Congress (INC) party office might have changed the camp as the Trinamool Congress Flag can be seen fluttering in the above picture. Remember INC government in West Bengal tried to evict hawkers in 1975 (see earlier blog) now they have encroached the footpath!!


How can the ruling party not be a shareholder of the pavement?


A Cart which is hawker’s union office!!

Well when the entire world is God’s creation we need to allot some space for him/her.


A decorator has done illegal temporary shed and using public and private space to stack or pile his bamboos. This decorator guy must be having some political connection when he is having such audacity to use public and private spaces.




Amidst of all these we found two of BJP karyakartas are doing Swachh Bharat Abhiyan – cleaning the streets.







Friday, March 20, 2015

Rulers of Footpath




In recent years, the subject of hawkers (street vendors) conquering public space of the pavements, which should “rightfully” belong to pedestrians alone, has invited much controversy. Each city has its own histories of street vending and own ways of carrying it through a combination of crackdown resettlement and negotiation.In Kolkata, hawking is a routine phenomenon and hawkers symbolize one of the largest, more organised, and perhaps, more militant sectors within the informal economy. Let us look into the management of the pavement hawking in a political angle in the city since independence of India.

In the 1950s, the usual way to check encroachment was to convert previous stables and wayside vacant public lands into “hawkers’ corners”. Thus, in 1955, Bidhan Roy gave permission to build a hawkers’ corner adjacent to the “Jogubabu Bazar” and the residence of Sir Asutosh Mukherjee, in Bhawanipore region. The large stable opposite the Greek Orthodox Church in Russa Road (now Syamaprosad Mukherjee Street) was very soon converted into “Kalighat Refugee Hawkers’Corner”.

In 1952, the then Chief Minister Bidhan Roy tried to evict the book-hawkers along College Street so that the outstanding colonial architecture of Presidency College and the University of Calcutta could be visible from a distance. In order to keep a constant flow of books at a cheap price available, the teachers of Presidency College requested the chief minister not to evict the book-hawkers. The stalls flourished under middle class backing.



Eviction of the hawkers became a routine act for the corporation during the 1960s with the coming of fresh refugees from East Pakistan. Immediately after the death of Roy, an eviction drive took place in the Esplanade Tram Depot. But the evicted hawkers were soon rehabilitated near the location they had occupied. The new rehabilitation market was named after Bidhan Roy (Bidhan Market). As this drive was backed by a sound rehabilitation scheme, it did not provoke much disturbance in the city.

In 1969, during the short tenure of the United Front government, Deputy Chief Minister JyotiBasu ordered the police to evict the hawkers at Gariahat region (the centre of the southern part of the city and a thriving retail upmarket at that time). But this drive did not materialise due to the intervention of Ballygunj Hawkers’ Union dominated by the Worker’s Party.

In 1972, the Congress government ventured to evict the hawkers occupying the pavements across the Chowringhee (now Jawaharlal Nehru Road). Again the mission proved to be a futile one.

During 1975, the corporation had nine retail markets in its ownership at that time. These markets were scattered in different pockets of the city. Revenue records of the municipal markets provide some clues. Account of thefinancial condition of all the municipal retail markets between 1965-66 and 1975-76, account shows that right from 1965-66 the profitability of the markets was declining,  from 1971-72, these markets began to face a revenue loss.The downward trend was equally visible in theCollege Street market (the second largest municipal market in the city). The situation of the small markets like that of Entally, Lansdowne, New Alipore and Allen was more precarious. Only the Gariahat market could earn a profit of Rs 1 lakh in 1975-76. Revenue losses of the markets were attributed to the “hawker menace”.The representatives of Calcutta Municipal Corporation (henceforth corporation), Calcutta Metropolitan Development Authority (CMDA), and the public works department (PWD) jointly took a “decision” on the removal of the hawkers from the pavements of the city to give it back to the pedestrians. First phase of the proposed drive against encroachers covered Chittaranjan Avenue (from Madan Street Crossing to Lenin Sarani Junction), parts of Bentinck Street (from its crossing with R N Mukherjee Road to the junction of Lenin Sarani and Jawharlal Nehru Road), parts of Jawharlal Nehru Road from its crossing with the Lenin Sarani up to its crossing with Lindsay Street – and also certain portions of the Esplanade-East, from the crossing of Lenin Sarani to Old Court House Street. The geographic area that the first phase of Operation Hawkers involved corresponded to the bulk of the Central Business District of the city. The majority of the hawkers were non-Bengali Muslims. It was decided that a second or third phase of the “operation” would be undertaken in the Gariahat-Ballygunj, Sealdah and Shyambazaar regions, respectively, that had been the strongholds of the Bengali Hindu refugees.The “well-planned drive to clear roads and footpaths” was “successful” in theareas around the CBD skirting the wholesale area of Burrabazaar and in and around Esplanade. It is important to register the fact that the stalls located along the lanes inside Burrabazaar were left undisturbed. The unauthorised stalls in front of hospital walls as well as the stalls along Rashbehari Avenue, Shyambazaar and Sealdah were not destroyed flouting the earlier plan.It is very important to note here that Mr Subrata Mukherjee, presently Panchayat Raj & Rural Development Minister in Mamata Banerjee’s cabinet, was minister in Sidharta Shankar Roy’s cabinet, 1972-1977.


Later, when the CPI(M) was firmly in saddle as leader of the Left Front for around two decades, it launched Operation Sunshine in 1996.Officers of Kolkata Municipal Corporation, cadres of the CPI(M) along with police battalions demolished the side walk stalls of thousands of hawkers. Such stalls had lined the city's thoroughfares for nearly three decades. This time the hawkers were mobilised by opposition leaders such as Mamata Banerjee but the Left Front remained firm in its conviction to remove hawkers. However, in the face of protests, the municipal administration and the police allowed the hawkers to reoccupy gradually the pavements of streets from which they had been cleared. The Calcutta Hawker Sangram Committee, a union of more than 32 local hawkers' associations formed in the before math of Operation Sunshine, took the leadership to reclaim the footpaths. The situation has come to such a pass that according to a deputy commissioner of Kolkata Police, 80 per cent of Kolkata's pavements were encroached by hawkers and illegal settlers. Pedestrians are forced to use the roads because there is hardly any space on the pavements for walking, and once people are getting used to walking on the streets, they continue to do so even if the sidewalks are vacant. Some reports suggest that the hawkers have made a comeback on the streets of Kolkata during the period 2000-2005 when Trinamool Congress was in power in Kolkata Corporation. Once again Remind you Subrata Mukherji was Mayor of Kolkata from Trinamul,who started Hawkers eviction drive in Siddharta Sankar Roy Cabinet.

With the politicians dilly-dallying, the matter rolled on to the courts as public interest litigation. In 1996, Kolkata High Court asked the state government to submit a detailed report on pavement encroachment. In 1998, another case demanding rehabilitation of hawkers was moved in the court. In 2003, the high court asked the state government to state its stand on hawkers. In 2005, the state government informed the high court that a uniform policy on rehabilitation of hawkers was underway. In 2007, the high court found that its 1996 order was not implemented.

Commenting on a petition filed by environmentalist Subhas Dutta in 2004, the division bench of Chief Justice V.S. Sirpurkar and Soumitra Sen observed in 2006, that the hawker menace was growing like cancer. It was impossible for people to walk on the roads, forget about footpaths.

The advocate general informed the high court that the state government had drawn out a plan regarding the hawkers. The highlights of the plan were earmarking of hawker free zone, creating some hawking zones, setting time limits for hawking, banning erection of permanent structures, keeping two-thirds of pavement free of hawkers, replacing polythene sheets with colourful umbrellas, removing of hawkers from 50 yards (46 m) of crossings, and issuing licences to existing hawkers only.

KMC had conducted Operation Sunshine in 1996 to remove hawkers from Gariahat and Shyambazar. Following the hawker removal drive, the KMC commissioner, Asim Barman, had issued a notification imposing certain restrictions on the movement of hawkers on 21 streets in the city. Bikash Bhattacharya, Mayor of Kolkata, has said that hawkers would be allowed to stay on all pavements across the city and they would be allowed to occupy a third of the pavements along the streets but they would not be allowed to occupy space within a 50-metre radius of road crossings or build any structures. According to the Hawker Sangram Committee, "Hawkers are exploited by the agents of trade union leaders, politicians, police, civic councillors. They have to pay to earn their bread." The hawkers pay   2.66 billion as bribe. This is around 3 per cent of the business. The Committee says, "We are willing to pay rent or some other form of tax to the civic body if we get the right to conduct business. Identity cards will protect us from extortion by multiple agencies,"

In March 2015, Ms MamataBanerjee announced freebees to hawkers which we mentioned in our earlier blog Hawk Eye on illegal Hawkers and we will find that the version of Bikash Bhattacharya, Mayor during Operation Sunshine 1996, as stated above and present version of Mamata Banerjee are similar!! Mamata Banerjee appealed to the hawkers "Don't hawk in front of shops and damage business. Don't encroach carriage ways, and leave a portion of pavements for pedestrians."Is the present Government a continuation of Left legacy?

According to Times of India, Mar 17, 2015, Riding on the trade union-politician-police nexus, new 'mobile' hawkers have infiltrated city streets following chief minister Mamata Banerjee's sops to them announced on Saturday. Several new hawkers took up position around New Market on Monday. The new hawkers have allegedly been backed by Kali Khatik, an influential hawker union leader from INTTUC, the trade union wing of Trinamool Congress.

TOI continues, "There's big money involved in the purchase and sale of hawking rights, be it on the footpath or on the street. Everyone, from the union leader to the local political heavyweight and police, gets a share of the pie," a hawker said.Saktiman Ghosh of Hawker Sangram Committee, who has been at the forefront of the hawker movement in the city, acknowledged the nexus. He even quantified the illegal money that changed hands. "Hawkers in Kolkata have to annually shell out Rs 265 crore to trade union leaders and police. The only way out of this is to regulate and legalize hawking," said Ghosh.

After giving details look into the efforts for eviction of Hawkers by different Governments from Kolkata it is pretty clear that they were and still now are being used politically. It has become a big money game now. The basic problem of unemployment was neither addressed by earlier Governments nor by the present Government. Had unemployment problem been addressed the pedestrians would have got the footpath to walk on.







Reference
- Wikipedia
- Amritabazar, 21 July 1952
- Anandabazar, 11 April 1962
- The Statesman, 29 November 1969
- Anandabazar, 21 March 1975
- Anandabazar, 24 March 1975
- Anandabazar, 26 March 1975
- Anandabazar, 8 April 1975
- Times of India 17 March 2015
- RitajyotiBandyopadhyay, Hawkers’ Movementin Kolkata, 1975-2007, Economic & Political Weekly EPW April 25, 2009 VolXLIV No 17
- Ganguly, Deepankar (30 November 2006). "Hawkers stay as Rs. 265 crore talks". Calcutta, India: The Telegraph, 30 November 2006. Retrieved 16 February 2008.
- "Oh Kolkata! Pavements are for pedestrians". A Better Kolkata.The Statesman, 10 June 2002. Archived from the original on 26 September 2007.Retrieved 16 February 2008.
- Edited by Ananya Roy, and NezarAlsayyad. "Urban Informality". 6. The Gentleman's City. Business and Economics.Retrieved 27 February2008.
- Ganguly, Deepankar (23 February 2006). "So long sunshine, hello hawkers". Calcutta, India: The Telegraph, 23 February 2006. Retrieved 16 February 2008.
- "Glare on hawkers and car chaos - Court seeks status report with time frame for pavements and traffic flow". The Telegraph (Calcutta, India). 13 March 2007. Retrieved 16 February 2008.
- Legal, Our (20 May 2006). "Free roads or court trouble - Hawkers like cancer, says chief justice". Calcutta, India: The Telegraph, 20 May 2006. Retrieved 16 February 2008.
- Legal, Our (22 March 2007). "A roadmap for hawkers off roads". Calcutta, India: The Telegraph, 22 March 2007. Retrieved 16 February2008.
- "State to regulate hawker movement in Kolkata". The Statesman, 28 July 2005. Archived from the original on 26 September 2007.Retrieved 16 February 2008.




Thursday, March 19, 2015

রানাঘাট এবং কালিঘাট


ব্যাখ্যা কর
"The Ranaghat incident of 14th March 2015 is a very serious matter. The police administration was instructed to take swift action to nab the culprits. They are making their best efforts."

"Considering the seriousness and sensitivity of the case and also the fact that the place of incidence is very close to the border area, I have decided to entrust investigation of the case to CBI."

"Our Government will provide all necessary co-operation and assistance to the CBI for investigation in this case."

উত্তর –
বক্তব্যর মাধ্যামে, প্রথম আনুচ্ছেদে, দিদি ২০১৫ শনের ১৪ই মার্চের রানাঘাটের খ্রিস্টান মিসনারী বিদ্যালয়ে ৮ জন দুষ্কৃতির প্রবেশ, সারারাত ব্যাপী লুঠ এবং সবশেষে সত্তর ঊর্ধ্ব খ্রিস্টান সন্ন্যাষিনীর ধর্ষণের ঘটনা সমন্ধে তার নিজের মনের ভাব প্রকাশ করেছেন পশ্চিমবঙ্গবাসীর কাছে। ২০১১ শনের মে মাসে তিনি মুখ্যমন্ত্রী পদে আসার পর পশ্চিমবঙ্গে অনেক ধর্ষণের ঘটনা ঘটেছে, যেমন পার্ক স্ট্রিট, বর্ধমান, কামদুনি, মধ্যমগ্রাম, হাওড়া, ধুপগুড়ি, ক্যানিং, লেক টাউন, কাটোয়ার ঘটনা তার মধ্যে অন্যতম, কিন্তু প্রতিটি ঘটনাকেই তুচ্ছ ঘটনা বা সাজানো ঘটনা বলেছেন। পৌনে চার বছরের মুখ্যমন্ত্রিত্বে এই প্রথম কোনো ধর্ষণের ঘটনাকে উনি গুরুতর ব্যাপার বলে মনে করেছেন। উনি এই ঘটনাটি এত গুরুতর ব্যাপার মনে করেছেন যে উনি পুলিশ প্রশাসনকে, অর্ণব ঘোষ ও রাজীব কুমারকে, নির্দেশ দিয়েছেন যত তাড়াতাড়ি সম্ভব দুষ্কৃতিদের গ্রেফতার করতে। অর্ণব ঘোষ ও রাজীব কুমার হল পশ্চিমবঙ্গ বিখ্যাত পুলিশ জুটি! যে জুটি সারাদা কেলেঙ্কারির তদন্ত করার জন্য ভার পেয়েছিলেন, মুখ্যমন্ত্রী স্পেশাল ইনভেসটিগেশান টিম (সিট) বানিয়েছিলেন এই দুইজনকে নিয়ে। এনারা ১ বছর তদন্ত করে বিশেষ কিছুই পাননি বা উদ্ধার করতে পারেননি, এমনকি কুণাল ঘোষ ছাড়া কাউকেও গ্রেফতার করতে পারেননি! তারপর সি বি আই সারাদার তদন্তর ভার নেওয়াতে কি হয়েছে তা আমাদের সকলের জানা আছে। এমনই জুটিকে এই সন্ন্যাষিনী ধর্ষণের তদন্ত ভার দিয়ে তিনি মনে করছেন যে তারা আপ্রান চেষ্টা চালাচ্ছেন ৮ দুষ্কৃতিদের গ্রেফতার করার জন্য।



দ্বিতীয় আনুচ্ছেদে তিনি জানাচ্ছেন যে ধর্ষণের বিষয়টি বিবেচনা করে বুঝেছেন এর গম্ভিরতা ও সংবেদনশীলতা। তিনি গম্ভিরতাটা তখনই বুঝতে পেরেছিলেন যখন তিনি জানতে পেরেছিলেন যে ভ্যাটিক্যান সিটি থেকে খ্রিস্টান ধর্মগুরুরা আসছেন ধর্ষিতা সন্ন্যাষিনীকে দেখতে। ভ্যাটিক্যান সিটি থেকে খ্রিস্টান ধর্মগুরুরা যদি না আসতেন ধর্ষিতা সন্ন্যাষিনীকে দেখতে তাহলে হয়তো এই ধর্ষণ কাণ্ডটিকেও তিনি তুচ্ছ ঘটনা বা সাজানো ঘটনা বলে চালিয়ে দিতে পারতেন, সেই চেষ্টা যে তার দলবল যে করেনি তা নয়! ওনার এক মন্ত্রী এটিকে বিজেপির “ঘর ওয়াপাসী” আখ্যা দিতেও পিছুপা হননি। বিষয়টি সংবেদনশীল তিনি ১৬ই মার্চ ২০১৫তেই বুঝেছিলেন যখন তিনি রানাঘাটে খ্রিস্টান বিদ্যালয় ও সন্ন্যাষিনীকে দেখতেগিয়ে জানতে পেরেছিলেন ওনার সঙ্গে দেখা করার জন্য বিদ্যালয়ের ছাত্র ছাত্রিরা অপেক্ষা করে আছেন। উনি ছাত্র ছাত্রীদের অপ্রীতিকর প্রশ্নর উত্তরে এর আগে তানিয়া ভরদ্বাজকে সিপিএম ক্যাডার ও মাওবাদী আখ্যা দিয়েছিলেন, হয়তো সেই অপ্রীতিকর পরস্থিতি পুনরায় না ঘটে তাই ছাত্র ছাত্রিদের সঙ্গে না দেখা করে বের হয়ে যান। ছাত্র ছাত্রী আভিভাবক ও স্থানীয় বাসিন্দারা ওনাকে ৫০ মিনিট ধরে ঘেরাও করে রাখেন।জনতা রাজ্য পুলিশের তদন্তর উপর অনাস্থা প্রকাশ করে সি বি আই তদন্তর দাবি করেন। এই ঘেরাও সম্পূর্ণ অরাজনৈতিক ছিল, তা সত্তেও তিনি ছাত্র, ছাত্রী, আভিভাবক ও স্থানীয় বাসিন্দাদের সিপিএম ও বিজেপি আখ্যা দেন! ঘটনার স্থান ভারত বাংলাদেশ সীমান্ত নিকটবর্তী হওয়াতে উনি মনে করেছেন সিবিআইকে তদন্তভার দেওয়া উচিত। শিয়ালদহ স্টেশন থেকে প্রতি ঘণ্টায় একটি ট্রেন ছাড়ে যার নাম গেদে লোকাল, যেটি শিয়ালদহ থেকে নৈহাটি - রানাঘাট – মাঝদিয়া হয়ে গেদে যায়। বনগাঁরই মতন গেদে, যেখান দিয়ে ভারত ও বাংলাদেশ এর মধ্যে যাতায়াত হয়গেদে সীমান্ত পেড়িয়ে এতদিনে দুষ্কৃতিরা হয়ত বাংলাদেশ চলে গিয়েছে। প্রতি ঘণ্টায় যেখানে লোকাল ট্রেন আছে সেখানে ঘটনা ঘটার পাঁচ দিনের মাথায় এই সিদ্ধান্ত নেওয়ায়ে তিনি কি সত্যিই দ্রুততার পরিচয় দিলেন না কেন্দ্রীয় সংস্থার উপর তদন্তভার দিয়ে নিজের সরকারকে দায়মুক্ত করলেন?

সর্বশেষ অনুচ্ছদে জানাচ্ছেন ওনার সরকার সব রকমের সহযোগিতা ও সহায়তা করবেন কেন্দ্রীয় সংস্থার তদন্তে। একদা তাঁর প্রানভ্রমরা সিবিআই ইদানীং কালে সারাদা তদন্ত নিয়ে তাঁর গলগ্রহ হয়ে দাঁড়িয়েছে, সেই তদন্ত নিয়ে তিনি অনেককে ভুল বুঝিয়েছেন। বলেছেন সিবিআই যদি তদন্ত করে সারাদা কেলেঙ্কারির তাহলে সারাদায় লগ্নিকারীদের লুঠ হওয়া টাকা সিবিআই ফেরত দেবে! এক্ষেত্রে তিনি আবার না বলে বসেন ধর্ষিতা সন্ন্যাষিনীর লুণ্ঠিত মান সন্মান সিবিআই ফেরত দেবে! যদি তদন্ত চলাকালীন দেখা যায় তাঁরই দলের লোকজন জড়িত তখন আইন মন্ত্রী অথবা ডেপুটি স্পিকার না ধরনায় বসেন! অথবা সারদা কেলেঙ্কারিতে জর্জরিত হয়েও এই তদন্তর দ্বারা সিবিআইর সঙ্গে সুসম্পর্ক গড়ে তোলার প্রচেষ্টা করছেন।৩৪ বছরের বাম জমানার অবশান ঘটিয়ে উনি আসাতে যে আশার আলো পশ্চিমবঙ্গের মানুষ দেখেছিলো তা যেন আজ আলেয়া।





Sunday, March 15, 2015

Hawk Eye on illegal Hawkers



Before going to Mamata Banerjee’s meeting at Rabindra Sarovar Stadium on 13th March 2015 hawkers feared a crackdown on hem regarding New Market Bandh, but after the meeting they were ecstatic as Mamata Banerjee announced plethora of freebees for them!!

Mamata Banerjee announced these for approximately three lakhs hawkers in the city
1. Issuance of legitimate trade license
2. Rs 10000 medical expenses every year
3. Accident cover of Rs. 50000
4. With a deposit of Rs 30 (one time) they will be entitled to a pension of Rs 2.5 lakh on turning 60!!
The icing to the cake was added by Mr Watermelon, by declaring that they won't be evicted from city pavements and roads.

The registration process will start from July 15, once the civic polls are over, and the hawkers are expected to get their ID cards and trade licences by next April, just ahead of the assembly polls. The CM directed state municipal affairs secretary B P Gopalika to open designated counters at KMC offices and municipalities for the registration.



Certificate of Enlistment (CE) is the official term used by Kolkata Municipal Corporation, which is popularly known as Trade License. According to the second point of GENERAL PROCEDURE FOR ISSUING NEW CERTIFICATE OF ENLISTMENT on KMC website – the Application Form duly filled in, along with K.MC. Property Tax Receipt and other supporting document as a proof of occupancy/ownership of the business place to be submitted to the Licence Department. Proof for places of business requires either of the following documents:
(a) If owned by petitioner, tax bill to be produced;
(b) If a tenant, rent bill to be produced;
(c) If a lessee, lease-deed to be produced;
(d) If relative/person granted rent free accommodation by the premises owner, consent letter from the owner to be produced;
(e) If a person is granted rent free accommodation by any bonafied tenant, consent letter along with the current CE of the tenant to be produces;
(f) If a sub-tenant, consent of the premises owner will also to be produced along with documents viz. rent bill, current CE etc. of original tenant.
(g)Besides License Department Officials may also issue CE on spot if any trade/profession/calling is carried out without obtaining trade license.

So, to obtain a Trade license either of the documents listed above is required. How can a street hawker provide any such documents? Even the Civic bosses, wondered how they could issue trade licences without permanent addresses. "We issue trade licences only against permanent addresses. Hawkers don't have permanent shops. How can we issue them trade licences," said a KMC official to TOI correspondent.

"Don't hawk in front of shops and damage business. Don't encroach carriage ways, and leave a portion of pavements for pedestrians," the CM appealed. Maybe government is talking about point (g).So we did a detailed search of the KMC Trade License Fees chart. While going through the Trade License fees chart we only found the following heads of mobile or temporary in nature for which trade license are issued:

1.       MOBILE OUTLET (3-WHEELER) OF NON FOOD ITEMS (SHOULD HAVE SEPARATE OFFICE/FACTORY PREMISES)
2.       MOBILE OUTLET (3-WHEELER) OF FOOD ITEMS (SHOULD HAVE SEPARATE OFFICE/FACTORY PREMISES)
3.       MOBILE OUTLET (4-WHEELER) OF NON FOOD ITEMS (SHOULD HAVE SEPARATE OFFICE/FACTORY PREMISES)
4.       MOBILE OUTLET (4-WHEELER) OF FOOD ITEMS (SHOULD HAVE SEPARATE OFFICE/FACTORY PREMISES)
5.       KIOSK/STALL OF NON FOOD ITEMS (IN SEPARATE IDENTIFIED CAMPUS OR ASSESSABLE PREMISES)
6.       KIOSK/STALL OF FOOD ITEMS (IN SEPARATE IDENTIFIED CAMPUS OR ASSESSABLE PREMISES)
7.       MOBILE STD/ISD/PCO BOOTH
Further elaborated in Annexure 1

A. TAX ON CART (u/s 209A)
1. On every cart fitted with pneumatic tyres – Rs.50/-
2. On every cart fitted with solid rubber tyres – Rs.50/-
Schedule IX of K M C Act 1980 (Second Amendment) provides for higher rates viz. Rs.50/- & Rs.80/- respectively.
The rates as mentioned in A above covered by Government notification.

B. TAX ON CARRIAGES (u/s 209F)
1. On every four-wheeled carriage (not being a hackney-carriage) drawn by two horses – Rs.40/-
2. On every four-wheeled hackney-carriage drawn by two horses – Rs.24/-
3. On every two-wheeled carriage drawn by one or more animals – Rs.15/-
4. On every cycle rickshaw – Rs.15/-
 Charges u/s 199 @Rs.50/- and Processing Fee @Rs.50/- will also be applicable.
 Jin-rickshaw as trade has been discontinued to implement policy of State Govt.

So the hawkers will be given trade license under which head? It is a million dollar question. This Government can do anything and everything to win an election. This is a gimmick to win an election. The KMC election!!

Now let us look at a shop/ establishment owner, what all he has to bear!
1.       Certificate of Enlistment (Trade License) to KMC/ Municipalities/ Panchayats
2.       Profession Tax (P-Tax) to Govt. of WB
3.       VAT (Value Added Tax) for sale and purchase of goods (VAT is exempted on Agri-Products) to Govt. of WB
4.       CST (Central Sales Tax) for inter-state sale and purchase of goods to Govt. of India
5.       If Service provider,Service Tax to Govt. of India
6.       If employed anyone as staff, prescribed fees to the Office of Labour Commissioner, WB.
7.       If a Company, Corporate Tax
8.       And lastly Income Tax on Individual’s earning.

Leave aside the inconvenience caused to the pedestrians, will the hawkers pay rest of the taxes/ fees paid by the shop/ establishment owners or shall the shop/ establishment owner become a hawker to enjoy a tax-less hassles free life!!








Friday, March 13, 2015

Understanding West Bengal Politics (Indo-Pak War 1971 and Immigration)

This is in continuation of our previous three blogs

1) Understanding West Bengal politics The Partition – 1905 and the Reunification – 1911 
2) Understanding West Bengal politics Partition in 1947 – West Bengal and East Pakistan 
3) Understanding West Bengal Politics (Unresolved Border Problem in 1947 Partition of Bengal)

and in our preceding blog we mentioned we will look into Indo-Pak War in 1971 and subsequent immigration of Bangladeshi Hindus to India, but immigration had been a regular phenomenon since partition of our country in 1947.

In 1947, there was lesser exchange of population in Bengal as it happened for Punjab. Though Punjab passed through the initial months of mayhem, for following 67 years there has been no Hindu-Muslim problem or Sikh-Muslim problem in either parts of Punjab. East Punjab (Indian part of Punjab) had 33.09% of Muslims in 1941 which got reduced to 1.8% in 1951 and has not increased much. The Muslim population which stood at 29.5% in 1941 in West Bengal got reduced to 19.5% in 1951, has shot back to 25.5% in 2001.


After hindu migration in 1946 and 1947, further migration continued from East Pakistan (now Bangladesh)to West Bengal. In 1950, it is estimated that a further 10 lakhs refugees crossed into West Bengal. The 1951 Census of India documented that 27% of Kolkata's population was East Bengali refugees.In 1960s, migration continued, right up to the liberation of Bangladesh in 1971, both on an on-going basis and with sudden spurts during periods of communal unrest, such as the 1964 riots and the 1965 India-Pakistan War, when it is estimated that 600,000 refugees left for India. Estimates of the number of refugees up to 1970 are over 50 lakhs to West Bengal alone. This includes around 41 lakhs coming between 1946–1958 and 12 lakhs coming between 1959 and 1971.

The majority of East Bengali refugees settled in the new state of West Bengal, but a significant number also moved to the Barak Valley of Assam and the princely state of Tripura which eventually joined India in 1949. Around 5 lakhs were also settled in other parts of India, including the East Pakistan Displaced Persons' Colony (EPDP) in Delhi, subsequently renamed Chittaranjan Park and in Orissa. The estimated 5 lakhs Bengalis in Delhi and 3 lakhs in Mumbai are also largely East Bengali refugees and their descendants.

Another major influx came in 1971 during the Bangladesh Liberation War. It is estimated that around 1 Crore refugees entered India during the early months of the war, of whom 15 lakhs may have stayed back after Bangladesh became independent.

We will look into Indo-Pakistani conflict which was sparked by the Bangladesh Liberation war later in this blog, before that we would like to bring in front of our readers how these refugees were exploited by political parties during those days.

The politics – ‘50s and ‘60s

The refugees in ’50s were mostly from Caste Hindus. They were sure that they had no future in East Pakistan and left for good, even that meant residing in a thatched hut on a marshy land parting the huge farm house in East Pakistan. Their desperation for a good living in this new land made the refugee movement slowly more violent. The Communists used this anger to take control of this movement. A very detailed description of events have been documented by the historian Prafulla Chakraborti. The Left leadership could channelize the movement to their ‘anti-imperialistic’ goal, suppressing the mayhems of Islamic rule in East Pakistan. So the United Central Refugee Council (UCRC) processions started to raise slogans totally unrelated to refugee problem, like the slogan against Imperialism in Korea or slogan for peace not war and against Anglo-American imperialism!! Not only that, one UCRC convention in 1952 adopted a list of resolutions which included:

‘vii) Exploitation of the country by foreign powers and discrimination against Russia and China in the field of international trade must be ended
vii) Equipment should be imported from Russia for the improvement of indigenous heavy industries.’

The Left-influenced refugee movement not only suppressed the continuous harassment of the Hindus in East Pakistan, they even went ahead in support of Pakistan. On 18 October 1952, UCRC meeting at Wellington Square condemned Shyama Prasad Mookherjee for demanding sanctions against Pakistan.On 7 April 1953, UCRC held a big demonstration and presented a charter of demands to the West Bengal Legislative Assembly. Significantly it had one of the demands as ‘Rehabilitation of displaced Muslims and grant of interim relief to them’, but no mention of refugees themselves for safely returning to East Pakistan in accordance with Nehru-Liaquat Pact!! The betrayal of the upper caste refugees about their own people in East Pakistan ensured the future illegal migration and continuous flow of today’s refugees, who are mostly what is considered as Scheduled Castes by Indian Constitution. This caste difference sealed the fate of the Hindu refugees for later years, an expression of upper caste Hindu leadership in Left, right and centre and their indifference.

West Bengal accepted the fate of Hindus in East Pakistan as normal. Throughout 60’s and 70’s, the political scenario in West Bengal was a race towards a communist revolution. The politically conscious people of different left stands were busy in engaging in violent actions against class enemies to bring revolution. The leftists slowly have conquered the total intellectual gamut of Bengali Hindus. The situations of the Hindus in East Pakistan never became any issue of debate amongst left, nobody mentioned that even after massive migration of the Hindu refugees in West Bengal.

The left influence on the Bengali Hindu mind was always strong. It has attracted Bengali youth from the days of the IPTA (Indian People’s Theatre Association). By 60’s the West Bengal intellectual world was overwhelmed by leftist ideas. The ’68 student rebellion in France, Vietnam War and Cold war between United States and Soviet Union, made the socialist liberation a dream for the youth in the world. Communist Party of India’s prominence (much due to refugee power), the revolutionary zeal of Naxalite movement and the support of the writers, academics, film directors, musicians to all these political movements - all practically turned West Bengal in a leftist state without the state power.


Bangladesh Liberation War

Bangladesh Liberation war, a fight between the habitually overriding West Pakistanis and the majority East Pakistanis. The Bangladesh Liberation war kindledjust after the 1970 Pakistani election, in which the East Pakistani Awami League won 167 of 169 seats in East Pakistan and secured a simple majority in the 313-seat lower house of the Majlis-e-Shoora – The Parliament of Pakistan. Awami League leader Sheikh MujiburRahman, popularly known as Bangabandhu(বঙ্গবন্ধু) presented the Six Points to the President of Pakistan and claimed the right to form the government. Leader of the Pakistan Peoples Party, Zulfikar Ali Bhutto, refused to return the premiership of Pakistan to Mujibur, President Yahya Khan called the military, dominated by West Pakistanis, to suppress dissent in East Pakistan.

Mass arrests of dissidents began, and attempts were made to disarm East Pakistani soldiers and police. After several days of strikes and non-co-operation movements, the Pakistani military cracked down on Dhaka on the night of 25 March 1971. The Awami League was banished, and many members fled into exile in India. Mujib was arrested on the night of 25–26 March 1971 at about 1:30 am (as per Radio Pakistan's news on 29 March 1971) and taken to West Pakistan. The next action carried out was Operation Searchlight, an attempt to kill the intellectual elite of the east.

Pakistan army carried out genocide for nine months. R. J. Rummel , the researcher on killings by the state authorities, described a chilling gendercidal ritual, similar to Nazi procedure towards Jewish Males:

“In what became province-wide acts of genocide, Hindus were sought out and killed on the spot. As a matter of course, soldiers would check males for the obligatedcircumcision among Moslems. If circumcised, they might live; if not, sure death.


Approximately 1 Crore people fled East Pakistan and took refuge in the neighbouring Indian states.The East Pakistan-India border was opened to allow refugees safe shelter in India. The governments of West Bengal, Bihar, Assam, Meghalaya and Tripura established refugee camps along the border. The resulting flood of impoverished East Pakistani refugees placed an unbearable strain on India's already overburdened economy.



India- Pakistan War 1971
By November 1971, war seemed inevitable. Throughout November, thousands of people led by West Pakistani politicians marched in Lahore and across West Pakistan, calling for Pakistan to Crush India. India responded by starting a massive buildup of Indian forces on the border with East Pakistan. The Indian military waited until December, when the drier ground would make for easier operations and Himalayan passes would be closed by snow, preventing any Chinese intervention. On 23 November, Yahya Khan declared a state of emergency in all of Pakistan and told his people to prepare for war.

On the evening of 3 December Sunday, at about 5:40 pm, the Pakistani Air Force (PAF) launched a pre-emptive strikewith not more than 50 planes, on eleven airfields in north-western India, including Agra, which was 300 miles (480 km) from the border. This preemptive strike known as Operation Chengiz Khan.At the time of this attack the TajMahal was camouflaged with a forest of twigs and leaves and draped with burlap because its marble glowed like a white beacon in the moonlight.

Prime Minister Indira Gandhi held that the air strikes were a declaration of war against India, in an address to the nation on radio that same evening. Indian Air Force responded with initial air strikes that very night. These air strikes were expanded to massive retaliatory air strikes the next morning and thereafter.

This marked the official start of the Indo-Pakistani War of 1971. Prime Minister Indira Gandhi ordered the immediate mobilisation of troops and launched a full-scale invasion. This involved Indian forces in a massive coordinated air, sea, and land assault. Indian Air Force started flying sorties against Pakistan from midnight. The main Indian objective on the western front was to prevent Pakistan from entering Indian soil. There was no Indian intention of conducting any major offensive into West Pakistan.

The Indian government repeatedly appealed to the international community, but failing to draw any response,the Indian leadership under Prime Minister Indira Gandhi quickly decided that it was more effective to end the East Pakistan genocide by taking armed action against Pakistan than to simply give refuge to those who made it across to refugee camps.Exiled East Pakistan army officers and members of the Indian Intelligence immediately started using these camps for recruitment and training of MuktiBahini guerrillas.

Pakistan attacked at several places along India's western border with Pakistan, but the Indian army successfully held their positions. The Indian Army quickly responded to the Pakistan Army's movements in the west and made some initial gains, including capturing around 5,795 square miles (15,010 sq.km) of Pakistan territory. Land gained by India in Pakistani Kashmir, Pakistani Punjab and Sindh sectors was later ceded in the Simla Agreement of 1972, as a gesture of goodwill.

                                                                   T-55 tank in 1971 war

On the eastern front, the Indian Army joined forces with the MuktiBahini to form the MitroBahini (Allied forces); the strategy adopted was a swift, three-pronged assault of nine infantry divisions with attached armoured units and close air support that rapidly converged on Dhaka, the capital of East Pakistan.Lieutenant General Jagjit Singh Aurora, who commanded the eighth, twenty-third, and fifty-seventh divisions, led the Indian thrust into East Pakistan. As these forces attacked Pakistani formations, the Indian Air Force rapidly destroyed the small air contingent in East Pakistan and put the Dhaka airfield out of commission. In the meantime, the Indian Navy effectively blockaded East Pakistan.

The Indian campaign employed "blitzkrieg" techniques, exploiting weakness in the enemy's positions and bypassing opposition, and resulted in a swift victory. Faced with insurmountable losses, the Pakistani military capitulated in less than a fortnight. On 16 December, the Pakistani forces stationed in East Pakistan surrendered.Lasting just 13 days, it is considered to be one of the shortest wars in history.



On the brink of defeat around 14 December, the Pakistani Army, and its local collaborators(রাজাকার), systematically killed a large number of Bengali doctors, teachers and intellectuals, part of a pogramme against the Hindu minorities who constituted the majority of urban educated intellectuals. Young men, especially students, who were seen as possible rebels were also targeted. The extent of casualties in East Pakistan is not known. R.J. Rummel cites estimates ranging from 10to 30 lakhs people killed. Other estimates place the death toll lower, at 300,000. Bangladesh government figures state that Pakistani forces aided by collaborators killed 30 lakhspeople, raped 200,000 women and displaced millions of others.

Bangladesh became an independent nation, the world's fourth most populous Muslim state. MujiburRahman was released from a West Pakistani prison, returning to Dhaka on 10 January 1972 and becoming the first President of Bangladesh and later its Prime Minister.

In 2010 Bangladesh government set up a tribunal to prosecute the people involved in alleged war crimes and those who collaborated with Pakistan. According to the Government, the defendants would be charged with crimes against humanity, genocide, murder, rape and arson. Taking a cue to which Shahbag Protest began on 5th February 2013 and later spread to other parts of Bangladesh. 

After so much turmoil in a society within the period from 1947 to 1971, there are nearly no books, films or literature on this subject of forced migration of such a large number of people. There have been only stories and films made on the misery of refugee lives but never mentioning who made them refugees. Celebrated film maker Ritwik Ghatak’s films are its best examples. Its not that the refugees have forgotten their past, rather they flaunt their link with East Bengal ceremoniously. There is a famous football club named ‘East Bengal’ which is supported by the refugee youth and old. There are many societies in West Bengal named after different former districts of East Bengal e.g Chattagram Sammilani (Chittagong Association), Mymensingh Sammilani, etc. They organise different programmes but never they would touch upon any subject related with happenings in East Pakistan or today’s Bangladesh. You may go to any refugee organisation’s meeting, hear fiery lectures about the government’s apathy about the refugees’ demands but never any discussion about their past or the present situation of their own brothers and sisters in Bangladesh.

Understanding Illegal migration, Undeclared Refugees and Infiltrators.

It is simply that whoever enters a country without proper legal papers or reside without legal permission after entering legally is an ‘illegal migrant’. There should be no ambiguity in that. How that illegal migrant has to be treated is a different issue altogether.

A Refugee is defined in Article 1 of the 1951 UN Convention as amended by the 1967
Protocol as:

“A person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it..”

However India, Pakistan, Bangladesh are not signatories to this convention or protocol. So by international law there have never been any refugees in between these countries. The 2005 UN data shows that in India there are 77200 refugees from China, 50730 from Sri Lanka, 9700 from Afghanistan, 1471 from Myanmar and 104 from Somalia. So UN keeps no data on the refugees of the subcontinent. On 19 June 2007, a minority rights group Human Rights Congress for Bangladesh Minorities has filed a writ petition at Calcutta High Court on June 19th, 2007 appealing that Government of India should grant Refugee status to Bangladesh Minorities, who took shelter in India to escape violence in their country.

So the term refugee is considered here following the definition of UN convention though India or Bangladesh is not a signatory. By that definition the Hindus from Bangladesh are entitled to be considered as ‘Refugee’. Till 25 March 1971, the Hindus who crossed over to India from East Pakistan were issued a receipt of their entry into the country. This receipt or slip was the proof of their ‘refugee’ status and they were subsequently granted citizenship of the country. These people are considered as legal refugees. Even Government of India’s notes also refer them as ‘refugees’.

On 29 November 1971, Government of India through its Under Secretary C.L.Goyal issued an Express letter No. 26011/16/71-10 to the Chief Secretaries to all State Governments and Union Territories Administrations. Its Subject: Grant of Indian Citizenship to refugees from East Bengal who have crossed over to India after 25th March 1971. Instruction that application from such refugees for Indian Citizenship should not be entertained. According to the Sec 5.1 (a) of Citizenship Act 1955, persons of Indian origin who are ordinarily resident in India and have been resident for five years immediately before making an application for registration. The refugees from East Pakistan naturally became Indian citizens afterwards.

The situation changed from 26th March, 1971, the category of ‘Undeclared Refugees’ came into being.

So the ‘illegal migrants’ other than ‘the undeclared refugees’ can be termed as ‘infiltrators’. By this definition infiltrator is a Bangladeshi Muslim as others like Hindus, Christians, Buddhists or Ahmedias can claim the status of a refugee due to religious persecution.

Though the provision of obtaining citizenship for these undeclared refugees were stopped by a notice, it was thought to be a temporary affair as there was still no legal bar from obtaining the citizenship. The act has been amended seven times. Till 1986 anyone born in India had the right to be an Indian citizen. Sons and daughters of the ‘undeclared refugees’ could therefore be Indian citizen. After 1986, only son or daughter of an Indian citizen can be a citizen. So the refugees who entered after 1986, not only they but their future sons and daughters are to be all illegal migrants.

The scenario changed further after the passing of Citizenship Act 2003. The Hindu Refugees from Bangladesh coming after 25 March 1971 was further restricted the chance of getting citizenship for this undeclared refugees by stating that if the father or mother is an illegal migrant, their son or daughter is also illegal migrant. So several millions of undeclared refugees from Bangladesh have lost all hopes of citizenship


But West Bengal remained silent. West Bengal politics was dominated by the communists till 2010 who utilised these refugees as their Vote Bank and diverted the attention of these people to special issues of ‘Soviet Union (till 1991)’,’Cuba’, ‘Vietnam’, ‘Palestine’, ‘China’, ‘Anti-America’ and even to ‘Bird Flu’ and ‘HIV Aids’, but never touched such an important issue. Present Trinamool Congress Government in West Bengal is following the same path which was previously adopted by Communists with a difference. They are continuing to exploit these refugees but the special issues of communists are replaced with stories of development (উন্নয়ন)Trident, Blue and White painting of walls and building, Fairs and Festivals. But the issues of East Bengal Hindu refugees are yet to get addressed.






Writer: Rajiv Chanda
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