.: December 2011

Tuesday, 27 December 2011

Kalaignar submits memorandum to the Prime Minister

As is the CM, So is the Regime

The First Bench of the Madras High Court comprising Chief Justice M.Y.Iqbal and Justice T.S.Sivagnanam passed an interim order on Nov.4 last staying until further orders the State government’s decision to shift the Anna Centenary Library in Kotturpuram in Chennai and further hearing was posted on Dec.5. When the matter came up on Dec.5, no counter affidavit was filed by the government side. Advocate General A.Navaneethakrishnan had produced a letter of the Additional Chief Secretary requesting a short adjournment for filing a detailed counter. The court allowed the prayer. As the AG sought adjournment after Pongal holidays, the Bench ordered that the case be listed on Jan.19, 2012.

Those who are accustomed to or following court cases relating to the government would be surprised at the development of the State administration unable to file its counter even after a month’s time in a case challenging an important announcement made by the Chief Minister, which in the normal course would have been done after much deliberations, consultations and reviews among top officials. And, the government pleading for yet another adjournment for more than a month is indeed flabbergasting. Unless the government’s position is very weak or the decision was taken in haphazard manner without considering implications and hence indefensible.

In the case of 13,636 Makkal Nala Paniyalargal (MNPs) who were removed from service by the ADMK regime by a GO on Nov.8, Justice K.Suguna passed an order on Nov.11 staying the GO in respect of two associations of the employees, Tamil Nadu Makkal Nala Paniyalargal Munnetra Sangam and Dindigul Mavatta Makkal Nala Paniyalargal Nala Sangam, whose names were provided to the court register on Nov.12 and permit them to join duty. This was following the AG advancing a flimsy ground challenging the representative capacity of the workers. Then on Nov.21, Justice K.Suguna directed the State government to reinstate all the sacked workers. The government through its counsel made a mention before the First Bench that the State wanted to file an appeal against the Single judge order and was asked to file a petition. On Nov.23, the First Bench comprising Chief Justice M.Y.Iqbal and Justice T.S.Sivagnanam dismissed the appeal and reiterated the stand of the single judge order over reinstating the workers. The judges said that the government should not treat the workers in such a manner whenever it comes to power.

Maintaining that the Tamil Nadu government before removing welfare workers from service should have given them an opportunity to be heard, the Madras High Court said the records "reveal appointment and ouster of these employees were done at the whims of the governments".

Holding that the single judge had rightly passed the interim order, the bench said it appeared from the record that employees of Tamil Nadu Makkal Nala Paniyalargal Munnettra Sangam and Dindigul Mavatta Makkal Nala Paniyalargal Nala Sangam were initially appointed in 1990 on a consolidated monthly pay of Rs 200 and were removed in 1991 due to change of the government. The judges pointed out that with the change of government every five years the workers were reappointed and removed. Counsel for the 'sangams' produced a letter dated November 21 issued by the Rural Development and Panchayati Raj Commissioner to all district collectors to allow those MNPs whose names were furnished to the High Court to attend office in keeping with the court's direction.

Yet another blow for the ruling party and justice to the public prevailed, irrespective of their party affiliation. Because livelihood is an essential component for survival, even as the sacking orders reached, the workers were distressed and some attempted to end their lives. But then they rejoiced with the court reiterating to reinstate.

Again on Nov.24 when the issue compliance of the interim order of Nov.21 came up before the Single judge, the State Advocate General informed the court that the government had filed a Special Leave Petition in the Supreme Court against the dismissal of its plea challenging the stay. However, counsel for MNPs, R.Vaigai said the SLP was against the interim order and hence the final arguments on the petitions could be continued. The AG said, “We are ready to face anything” after which Vaigai commenced her arguments on the petitions..

The Supreme Court on Nov.29 pulled up the TN government observing that there should be ‘some rule of law in the State’. The Bench of Justice D.K.Jain and Justice Anil Dave, hearing the SLP against the interim order of the Madras HC directing reinstatement of MNPs, asked the State Additional Advocate General (AAG) Guru Krishna Kumar, “What is happening in your State?” Justice Jain told AAG, “Every five years you [State] appoint them. Thereafter, you remove them, again appoint them. Is there not a rule of law, there must be some rule of law in the State.” Senior counsel T.R. Andhyarujina, appearing for the associations, told the court that this was happening every time there was change of government. The AAG submitted, “Since the main writ petition was being heard today (Nov.29), we are not pressing this SLP at present. Let it be listed in the normal course. We will dispel the wrong impression created.” The Bench then posted the SLP for hearing on December 12.

But contrary to what the AAG told the Supreme Court the main writ petition which came for hearing before Justice K.Suguna in the Madras High Court on Nov.29, the Counsel for the government sought adjournment as the Advocate General was otherwise engaged and could not make his submission in the court. Thereafter, every time the Judge posted hearing on some other date, the government counsel came with the same excuse pleading for adjournment. Ultimately on Dec.15, the infuriated Judge asked the government counsel why they were dragging the case of poor contract workers like this and strictly directed that the Advocate General should be present without fail on the next day (Dec.16), to complete hearing in the case. The counsel for workers’ associations R.Vaigai said the government was protracting the case because their case was weak. The next day (Dec.16) Advocate General Navaneetha Krishnan and senior counsel N.R.Chandran appeared and made final arguments. Counsels for workers also completed final arguments. The judge then adjourned orders in the case without specifying date.

Similarly in a case of termination of service of 17 Office Assistants employed in the State Assembly department and Secretariat after the ADMK assumed power, their petition was admitted and notice issued on the government. The Finance department had put a note that only the Advocate General should appear in the case and the hapless sacked employees are being tossed around for months with the government counsel repeatedly seeking adjournments for the appearance of the AG.

In the case of Samacheer Kalvi also, we witnessed the government going on appeals after appeals to the Bench. Aggrieved parents of over 1.25 crore school-going children, and educationists protested and knocked the doors of judiciary. Throughout the State students agitated. Unmoved and adamant the ADMK regime brought an amendment Act to postpone implementation of the system. It was challenged in the Madras High Court. While delivering the verdict, Justices S. Rajeswaran and Tmt. K.P.K. Vasuki said, “The intention of Samacheer Kalvi is clear. A study team consisting of best experts studied in detail and recommended implementation of Samacheer Kalvi. The recommendations of the committee cannot be easily ignored. Besides, while already incurring huge expenditure, is it necessary to further expend more? The Advocate General should give proper counsels to the government.”

When the Tamil Nadu government went on further appeal to the Supreme Court against the judgement of the Madras High Court, Justices P.S.Chowhan and Swanthira Kumar in their order said, “Samacheer Kalvi brought for classes one and six last year should be continued to be implemented. If it is stopped in between there will be confusion. Samacheer Kalvi should also be implemented this year itself for classes 2 to 5 and 7 to 10. If there were any shortcomings in that syllabi, a committee of experts could be set up and that committee to file its report within two weeks to the Madras High Court. Considering importance of this case the High Court should hear it on day-to-day basis and deliver judgement within a week.”

According to this order ADMK government set up a committee of educationists. It was widely held that only those who were opposed Samacheer Kalvi found place in that committee. Without bothering all those things, the rulers prepared a report through that committee itself and filed that report in the High Court. The Chief Justice and another judge of the Madras High Court in their order explained in detail about the report of the committee and said, “We have no hesitation to hold that the State has exceeded in its powers in bringing the Amending Act to postpone an enactment which has already come into force. Text books required for other classes besides classes one and six had already been printed and considerable amount of work have been completed. They have also been uploaded on the website. At this stage bringing amendment to the Samacheer Kalvi Act, would affect the interests of students. Hence the amendment brought by Tamil Nadu government amending that Act is not valid. We hold them null and void. The text books for Samacheer Kalvi should be immediately distributed to the students. Hence in the interest of future of the students and the interest of the country we hope the State government would immediately take action to implement Samacheer Kalvi.”

Even after this, without respecting the High Court order and ignoring the request of the all parties in Tamil Nadu persuading the Tamil Nadu government not to go on further appeal to the Supreme Court and implement the order of the High Court, the Tamil Nadu government went to the Supreme Court.

The Supreme Court in its interim report refused to give interim stay to the Madras High Court order and told the government to distribute Samacheer Kalvi text books before August 2. Even after five days of this order, the Tamil Nadu government did not start the work of distributing text books to students. Instead the counsel for Tamil Nadu government told the Supreme Court that there was no possibility for implementing Samacheer Kalvi during this year itself; it was very clear that the Tamil Nadu government was not at all bothered about the condition of the students of Tamil Nadu. Even after 2 months of reopening of schools the students were not aware of the text books that they were going to study during this year and the parents also were agonized. As the Tamil Nadu government, unbothered about all these and not respecting the orders of the courts and not heeding to the opinions of all party leaders, was adamantly sticking on its stand.

Ultimately, the Supreme Court on Aug. 9 directed the Tamil Nadu government to implement Samacheer Kalvi for classes 2 to 5 and 7 to 10 in ten days.

A three-Judge Bench of Justice J.M. Panchal, Justice Deepak Misra and Justice B.S. Chauhan dismissed a batch of appeals filed by the Tamil Nadu government and on behalf of association of matriculation schools in support of the State challenging the Madras High Court judgment.

The Bench upheld the High Court’s decision declaring unconstitutional the amendment made to the Tamil Nadu Uniform System of School Education Act to defer implementation of the USSE and gave 25 reasons why the impugned judgment should be sustained.

Jayalalitha never had the courage and determination to face the cases filed against her as much back as more than 16 years and came out clean. In judicial parlance her name has come to be associated with notoriety for protracting cases by going on appeals after appeals on flimsy grounds to higher courts, seeking adjournments after adjournments (more than 130 in Bangalore Special court alone in the Disproportionate Assets case ) winning for her the title ‘ Queen of adjournments’ (Vaaidha Rani), misusing State machinery to manipulate charges against her (like ordering the DVAC to investigate in the Assets case every time she returns to power) – all with the fond hope of diluting the severity of the charges against her and escaping conviction. The High Court and Supreme Court had repeatedly pulled her up for her delaying tactics and misuse of power. But she remains unmoved and unrepentant.

In Judicial parlance, Jayalalitha’s name is synonymous to and identified with protracting cases against her by hook or by crook. Now she being at the helm, the State government is gaining notoriety for seeking repeated adjournments and appeals after appeals in cases against it. As is the CM, so is the Regime!

Where Jaya Regime failed Vigilant DMK fulfilled!

An astute and seasoned statesman he is, DMK President Kalaignar had so far, except giving vent to his disappointment that the actions taken by Jayalalitha led ADMK regime on Mullaiperiyar dam issue, not made any harsh criticism about the callous manner in which the sensitive issue is being handled by the State government, lest the chink in the armour of Tamil Nadu will be taken advantage by the political leaders of the neighbouring state. But as is her wont, Jayalalitha announced holding the meeting of the Assembly on December 15, the day on which the DMK had already announced holding of a mammoth human chain protest parade in the districts of Madurai, Dingidul, Theni, Sivagangai and Ramanathapuram, irrigation areas of the dam. Still, Kalaignar was magnanimous in preponing the action programme by a day on Dec.14, without politicizing the issue.

Speaking to newspersons immediately after the meeting of the Party’s Executive Committee on Dec.9, Kalaignar had said that the actions of Kerala government should be continuously monitored. If this is an alert and shrewd regime it would have taken a cue of Kalaignar’s statement at least, even if they had not been watchful of the steps taken in the neighbouring state. But alas! They didn’t!

On Dec.9, the Kerala Assembly met and adopted a resolution for constructing a new dam and also for reducing the water level of the dam from the existing 136 feet to 120 feet. But even before adopting the resolution, the Kerala government on December 8 filed an application in the Supreme Court urging the apex court to direct Tamil Nadu to bring down immediately the water level to 120 feet, and that, if the State declines to do so, the dam safety authority in Kerala should be given permission for the same.

Had the ADMK government and its battery of lawyers and the Advocate General were alert enough, they should have instantly filed an intervening application to counter Kerala’s prayer in the Supreme Court. But they did not till the eleventh hour on December 12, when the Supreme Court was to hear on Dec.13 the application filed by Kerala to reduce the level in the dam from 136 feet to 120 feet along with the applications filed by Tamil Nadu for deployment of Central Industrial Security Forces (CISF) for the protection of the dam and to restrain Kerala ministers and officials from making provocative statements. The failure of the Tamil Nadu side in not countering the plea of Kerala was wrought with the risk of Kerala’s plea being entertained uncontested, and ex-parte order passed in favour of Kerala.

However, the ever-alert and vigilant DMK in protecting the interests of Tamil Nadu and its people, could not and did not remain complacent to a potential threat to the dam due to laxity of the State government in not contesting Kerala’s application before the Supreme Court pleading for the reduction of water level in the dam. On December 12, DMK General Secretary Prof. K.Anbazhagan filed an intervening application in the court contesting Kerala’s application.

DMK’s application stated:

The applicant is the Intervener filing the application seeking indulgence of this Court for permitting to intervene in the Application filed by the State of Kerala for urgent direction to lower the storage level at Mullai Periyar Dam from 136 ft. to 120 ft.

The Intervener the DMK party is a recognized political party which was a ruling party in the State of Tamil Nadu from May 2006 to May 2011 which diligently pursued the original Suit. In this application the party is represented by its General Secretary. The Applicant is not only a proper party but also a necessary party for the effective adjudication of the issues involved in the Application filed by the State of Kerala. It is deeply interested in the welfare and wellbeing of nearly 80 million people of the state of Tamil Nadu.

This Court vide Judgment dated 27.02.2006 disposed of the Writ Petition by permitting the storage level of Mullai Periyar Dam to be raised to 142 feet and eventually to 152 feet. Therefore, as per the Judgment of this Court dated 27.02.2006, the height of the dam has become final and binding on the State of Kerala and Tamil Nadu.

In the meantime, the Government of Kerala, in order to circumvent the implementation of the judgment of this Court, passed the Kerala Amendment Act. Consequently an Original Suit was filed by the State of Tamil Nadu against the State of Kerala before this Court. The relief sought for in the suit was a declaration that the Amendment Act passed by the Kerala State Legislature be declared ultra vires in its application to the Mullai Periyar Dam covered by the Inter State Agreement of 1886 and for permitting the state of Tamil Nadu to raise the storage level of the Dam in accordance with the judgment of this Court dated 27.02.2006. It is submitted that the above Original Suit was filed under Article 131 of Constitution of India. The said suit is still pending.

In one of the interlocutory applications filed in the said Original Suit, this Court constituted an Empowered Committee under the chairmanship of the former Chief Justice of India, Justice Dr.A.S.Anand with Justice K.A.Thomas and Justice A.R.Lakshmanan, former Judges of the Supreme Court as representatives of the Government of Kerala and Tamil Nadu respectively, apart from two other members. The Empowered Committee constituted by this Court visited the Dam sites, discussed with various officials and report to this Court by February 2012.

That it is submitted that the Government of Kerala had systematically and deliberately created fear psychosis and unfounded fears in the minds of people of Kerala regarding the safety of the Mullaiperiyar Dam leading to law and order problem. The normal life in the border Districts of Tamil Nadu and Kerala had been seriously affected and greatly suffered by breach of public tranquility, wide spread agitation and disruption of transport.

The failure of the Government of Kerala in not allaying the apprehension of the people of Kerala further aggravated the problem. On the other hand the Kerala State Legislature has passed a resolution on 09.12.2011 seeking appropriate action to reduce height of the water level in the Mullaiperiyar Dam from existing 136 feet to 120 feet after filing the present application. In the light of the Judgment of this Court permitting the raising of storage level of the Mullaiperiyar Dam from the existing 136 to 142 feet, the resolution of the Kerala State Legislature is inappropriate apart from offending the Rule of Law and Doctrine of Separation of Powers. The application filed the State of Kerala seeking direction from this Court for the reduction of storage level from 136 feet to 120 feet is without any justification whatsoever. It is pertinent to point that the Kerala Legislative Assembly earlier passed a legislation, being Kerala Amendment Act 2006 to maintain the storage level of the Dam at 136 feet. Now the Kerala Legislative Assembly wants reduction of storage level to 120 ft. This Court may be pleased to take note of this dichotomy and the ambivalent stand taken by the State of Kerala.

It is submitted that the storage level of Mullaiperiyar Dam needs to be raised from the existing 136 feet to 142 feet and the order of this Court dated 27.02.2006 requires be implemented immediately pending the disposal of the Original Suit, so as to restore the rule of law and normalcy in both of States. In this connection, it is submitted that the Judgment dated 27.02.2006 was delivered by this Court after appropriate consideration the relevant report of the committee of experts. The present Empowered Committee constituted by this Court is likely to submit its report by February 2012. While so, there is absolutely no rhyme or reason nor any legal justification for the State of Kerala to seek a direction to reduce the height of the storage level of the Mullaiperiyar Dam from 136 feet to 120 feet. The apprehension regarding the safety of the Dam is unsupported by any expert report or other acceptable materials.

That it is submitted that Applicant/Intervener is a major political party which was ruling party of state of Tamil Nadu for five terms headed by a senior statesman and an octogenarian who had been pursuing the issues concerning the people of Tamil Nadu for several decades. The applicant is not only a proper party and also a necessary party for the effective adjudication of the issues involved in the Application filed by the State of Kerala. Further, the Intervener is filing the present application with a view to bring the facts to the knowledge of this Court so that appropriate orders could be passed by this Court to render justice. It is in the interest of justice that the Intervener is allowed to intervene in the Application filed by the State of Kerala.

It is therefore, most respectfully prayed that this court may be pleased to :

v permit the Applicant/Intervenor to intervene in the Application filed by the State of Kerala ; and

v dismiss the said Application filed by State of Kerala ;and

v Pass any further order or orders as this Court may deem just and proper in the facts and circumstances of the present case.”

When the Supreme Court Bench on Dec.13 took up the two applications of Tamil Nadu and one of Kerala, it was the intervening application of the DMK that prevailed over the demand of Kerala’s plea for reduction of water-level to 120 ft in the dam.

“There is nothing serious, grave or emergent about the safety of the Mullaperiyar dam warranting our interference at this stage”, the Supreme Court observed.

“The Empowered Committee, headed by the former Chief Justice of India, A.S. Anand, was looking into all aspects regarding the safety of the dam and no order was required at this stage”, observed a five-judge Constitution Bench comprising Justices D.K. Jain, R.M. Lodha, C.K. Prasad, Deepak Verma and Anil R. Dave.

The Bench was hearing applications filed by Kerala, to reduce the water level in the dam from 136 ft to 120 ft, and Tamil Nadu for deployment of CISF for protection of the dam and to pass an order to restrain Kerala Ministers and officials from making statements creating fear psychosis among the people about the safety of the dam and the DMK’s intervention application praying for the dismissal of Kerala’s application.

While dismissing as not pressed Kerala's application, Justice Jain told senior counsel P.P. Rao, appearing for Kerala: “The whole gamut of the controversy is before the empowered committee. The fact that the committee has decided to inspect the dam shows it is seized of the matter.”

Justice Lodha supplemented Justice Jain saying “if the situation is so grave and serious, the committee would have sought our intervention and sought an order from us. It shows that the situation at the ground level is not that grave as projected by you [Kerala].There is nothing serious or grave which requires modification in the order. Let the committee go into all aspects and submit its report to the court. We will not pass any order or give any direction now.”

While the ADMK regime failed to file an application to counter Kerala’s plea, it needlessly filed the other one to restrain Kerala ministers and officials from making statements creating fear psychosis among the people and had to save face by offering to withdraw it along with Kerala withdrawing its application, to avoid dismissals.

All newspapers, both English and Tamil, have systematically covered up the fact that it was on the strength of the application of the DMK that the Supreme Court forced Kerala to withdraw its application for lowering the water level of the dam. Although they are not prepared to acknowledge, truth is truth that the DMK had once again established that it is the only political movement in Tamil Nadu that is “deeply interested in the welfare and wellbeing of nearly 80 million people of the state of Tamil Nadu”, “headed by a senior statesman and an octogenarian who had been pursuing the issues concerning the people of Tamil Nadu for several decades!” Mæu« iffŸ kiw¤J ã‹whY« Mjt‹ kiwtÂšiy’, which means ‘if one thousand hands are raised to cover up, the Sun does not eclipse’!

Wednesday, 14 December 2011

Cultural onslaught

Yet another announcement of a super-speciality hospital in Chennai: yet another huge and imposing structure – nine-storeyed, 3,48,480 square feet building erected on an eight-acre site at a cost of Rs.250 crore, is intended to get decayed. If Jayalalitha is truly interested in public health, she would not have abandoned Salem Super Speciality Hospital, which was functioning and used police force against agitations to reopen it. So, she has announced conversion of the new Secretariat complex and now the Anna Centenary Library into super speciality hospital, so that her scheme of abandoning whatever was constructed during DMK rule is made acceptable to the people and thwart criticism. But people could be bullied once; but now the public opinion has turned against her announcement, as reflected in the criticism of all other political parties and the sections of the media, which remained supportive or nonplussed when the new secretariat complex was abandoned.

It now transpires that Anna Centenary Library constituted by Kalaignar was also an eyesore for Jayalalitha from the beginning since she assumed power, in her scheme of ‘undoing everything done by Kalaignar’. It was not a sudden decision to make the announcement. As early as June, instructions were given to scrutinize all files pertaining to the library. Officials of the DVAC were also entrusted with this task. All documents exchanged among different departments right from the time the project was conceived to the point when books were procured were read with utmost care to look for lapses. Obviously they could not find anything.

Some officials also observed that while a total of five lakh books were purchased ahead of the inauguration on September 15, 2010, the process of sourcing the remaining nearly seven lakh titles slowed down significantly after the ADMK came to power. “There were administrative delays at every stage. Everybody’s hands were tied” an official had said.

The management of the air-conditioned auditorium, now famous for having hosted US Secretary of State Hillary Clinton and hailed by her, was quietly shifted from the Public Libraries Department to the Information Department. This shift happened around the time Clinton visited the city. Anyone who wishes to hire the swanky space must now go through the Information Department. In addition, any attempt to get feedback on the library from users seen on the premises was met with severe resistance by the staff at the library over the last few months. Some staff members told press reporters that they could not speak to anyone even at the parking lot of the library. Photographers, too, were asked not to take any visual of the facility.

All the same, readers and users of the facility love being there. Whether it is about civil service aspirants who spend hours together at the facility everyday or students and professors of engineering, medicine, other sciences and humanities who regularly visit for references to advanced books, e-journals and e-magazines, which they claim are not available in their colleges, universities and any other libraries, or children seen sitting beneath the artificial tree created at the library, legs stretched and lost in their books, and some engrossed in computers sitting relaxed on cosy furniture, the public who regularly visit to read news magazines, journals, novels, literature etc. - everyone clearly wants it to stay.

Jayalalitha’s announcement evoked spontaneous protests from scholars, writers, educationists, students, political parties and the public. There are statements resolutions, meetings, demonstrations and proposed sustained agitations by various associations/ organizations and groups of individuals.

But another youthful and enlightened section which hitherto remained aloof from protest actions have also, may be for the first time, joined in the outcry for a public cause.

A day after the announcement, public outcry welled up on social networking sites and other forums. The library also saw a large turnout, despite the rain, on Nov.4. According to sources, the library could have been visited by over 5,000 people, some of whom came in groups and mainly out of curiosity to see if it was the last day for allowing visitors.

The feedback book on the ground floor had many anxious students of ‘Bring your own book reading section' leaving a message or two for the authorities. A few of them wrote that the library was a great gift for the student community. Others such as Arun Raj, an engineering student, were surprised when a library staff asked him if he had given his feedback on the book. “The book is always there but what surprised me was the reminder. Perhaps it was a small way to mobilise support for the government to revoke its decision,” he said. The anxiety among student community was evident as many kept discussing how long they could come, when will the new library come up and will it also have similar facilities.

On social networking site Facebook, the ‘Save Anna Centenary Library' page was full of comments. Another petition to the Chief Minister on www.change.org to withdraw shifting of the library was asking public to sign.

The Gen Y has now taken matters into their hands. Justice online seems to be the latest mantra. “That’s the advantage of the virtual space — if used in the right manner it can translate into a powerful tool of revolution.

The reach of such campaigns among the urban crowd is the highest as well as the fastest. Tabulating and collecting views on the subject becomes more feasible,” says Kiruba Shankar, a tech expert.

Closer home, the campaign that has been making the rounds is ‘Save the Anna Library’. CM Jayalalitha’s announcement to convert the Anna Centenary Library into a pediatric hospital has triggered a series of online campaigns — from social networks and blog posts to online petitions.

The city folk are making sure that their protest is heard loud and clear. “I just signed the petition ‘Chief Minister of Tamil Nadu: withdraw the decision of shifting the Anna Centenary Library’ and wanted to see if you could help by adding your name” reads the email sent by Keeranur Janakirraja, an online protester. “In the case of Anna Library, the shifting is clearly uncalled for. Instead of wasting public money, the government should build a new multi-super-specialty hospital in some other area of the city,” says another protester, Lakshmimarayanan Subramanian.

Youngsters need to empathise with the cause today. “The reach of the online medium is global so whether it be for Anna Library or Anna Hazare, a degree of sensibility is required,” says actor-turned-politician Khushboo. Having realised their moral obligation, Gen Y has risen to the occasion, though not in the predictable way. They would rather go the route that says — if you agree ‘click here’, or ‘post a comment’, or just ‘like’.

But, as Kalaignar has pointed out, the move to convert Anna Centenary Library, cannot be seen in isolation but as part of Jayalalitha’s attempt to destroy symbols of Tamil culture one by one –beginning with vacating Pavendar Classical Tamil Research Library overnight from the Assembly hall in Fort St. George and dumping rare books, manuscripts and ancient palm manuscripts somewhere, on May 13 even when Assembly election results were pouring-in, showing contempt for classical status for Tamil, not only because it was achieved by Kalaignar but also because of her innate antipathy for equating Tamil with Sanskrit, out of which the very name and symbol of Classical Tamil in school text books and in all government records and displays were covered up or removed, portraits of Tiruvalluvar and Tirukurals were obscured in text books and from government buildings, Tholkappiya Poonga was put on hold, the nameboard of Classical Tamil Poonga was covered up, withdrawal of armed guards for the huge Tiruvalluvar statue in Kanyakumari and now abandoning Anna Centenary Library.

Collective memory is an important feature of group (race or community) identity. The collective memory or common history of a group is represented by its cultural institutions, including libraries. In history, numerous instances of genocide, or attack on groups occurred. This continues even now. These attacks often include aggression against the cultural institutions which, as evidence of a separate cultural identity, are seen to give political legitimacy to the group under attacks.

The world’s first great library of Alexandria in ancient Egypt was destroyed deliberately at least once for ideological reasons. A second century BC Chinese emperor is known to have ordered a huge volume of books to be burned, and book burnings took place during both the Inquisition and the Reformation. Other times they were damaged by natural disasters like earthquakes, floods or accidental fires.

The Library of Antioch in Antioch city in ancient Syria was burned and destroyed in 364 AD by Emperor Juvian. It had heavily stocked by the aid of his non-Christian predecessor, Emperor Julian.

The Library of the Serapeum in Alexandria in Ancient Egypt was burned and looted at the decree of Theophilus of Alexandria, who was so ordered by Theodosius I in 392 AD.

The Library of Ctesiphon in Ancient Persia in 651 AD was destroyed by Arab invaders and the books were thrown into the Euphrates on the order of Caliph Umar.

The Library of Nishapur was destroyed in 1154AD by Oguz Turks. City partially destroyed and libraries sacked and burned.

The Nalanda University complex (the most renowned repository of Buddhist knowledge in the world at the time) was sacked by Turkic mogul invaders under Bakhtiyar Khilji in 1193 AD. This event is seen as a milestone in the decline of Buddhism in India.

The Imperial Library of Constantinople was destroyed in 1204.

The House of Wisdom in Baghdad in Iraq was destroyed by Mongol Invaders in 1258. Destroyed during the Battle of Baghdad. Survivors said that the waters of the Tigris river ran black with ink from the enormous quantities of books flung into the river.

Madrassah Library in Granada, Crown of Castile was destroyed in 1499 by Troops commanded by Cardinal Cisneros. The library was attacked by troops of Cardinal Cisneros in late 1499, the books were taken to the Plaza Bib-Rambla, where they were burned in public view.

The Glasney College in Penryn, Cornwall in England was looted by Royal Officials in 1548. The smashing and looting of the Cornish colleges at Glasney and Crantock brought an end to the formal scholarship which had helped to sustain the Cornish language and the Cornish cultural identity.

The Earl of Worcester's library in Raglan Castle at Wales was burned by Parliament Army in 1646. The library was burned during the English Civil War by forces under the command of Thomas Fairfax.

The Royal library of the Kings of Burma at Mandalay Palace was burned by Troops of the British Army on 1885-87. The British looted the palace at the end of the 3rd Anglo-Burmese War (some of the artefacts which were taken away are still on display in the Victoria and Albert Museum in London) and burned down the royal library.

The Library of the Catholic University of Leuven in Belgium on August 25, 1914 was set on fire by German occupation troops. The Germans set the library on fire as part of the burning of the entire city in an attempt to use terror to quell Belgian resistance to occupation.

The Institut für Sexualwissenschaft at Berlin in Nazi Germany was burned on 6^th May 1933 by members of the Deutsche Studentenschaft. They made an organised attack on the Institute of Sex Research. A few days later, the Institute's library and archives were publicly hauled out and burned in the streets of the Opernplatz.

During World War II, Japanese military forces destroyed or partly destroyed numerous Chinese libraries, including libraries at the National University of Tsing Hua, Peking (lost 200,000 of 350,000 books), the University Nan-k'ai, T'ien-chin (totally destroyed, 224,000 books lost), Institute of Technology of He-pei, T'ien-chin (completely destroyed), Medical College of He-pei, Pao-ting (completely destroyed), Agricultural College of He-pei, Pao-ting (completely destroyed), University Ta Hsia, Shanghai (completely destroyed), University Kuang Hua, Shanghai (completely destroyed), and the National University of Hunan (completely destroyed).

The Library of the Catholic University of Leuven in Belgium was set on fire by German occupation troops in 1940 while fighting between Belgian and German troops.

The National Library of Serbia at Belgrade in Yugoslavia was destroyed by German during the World War II bombing of Belgrade.

The Załuski Library at Warsaw in Poland in 1944 was burned by Nazi German troops. The library was burned down during the Nazi suppression of the Warsaw Uprising of 1944. The burning of this library was part of the general setting on fire of a large part of the city of Warsaw.

The National Library of Cambodia at Phnom Penh in Cambodia was burned by The Khmer Rouge in 1976-79. Burned most of the books and all bibliographical records. Only 20% of materials survived.

In May 1981 a mob of Sinhalese chauvinists composed of thugs and plainclothes police officers went on a rampage in minority Tamil-dominated northern Jaffna, and burned down the Jaffna Public Library. At least 95,000 volumes - the second largest library collection in South Asia - were destroyed.

The Oriental Institute in Sarajevo in Bosnia and Herzegovina was destroyed by the shellfire during the Siege of Sarajevo by Bosnian Serb Army on 17^th May 1972 and the National and University Library of Bosnia and Herzegovina at Sarajevo in Bosnia and Herzegovina on 25 August 1992 by Bosnian Serb Army. The library was completely destroyed during the Siege of Sarajevo.

The Abkhazian Research Institute of History, Language and Literature & National Library of Abkhazia at Sukhumi in Abkhazia were destroyed during the War in Abkhazia in Oct.1992 by Georgian Armed Forces.

The Pol-i-Khomri Public Library at Pol-i-Khomri in Afghanistan was destroyed by Taliban militia in 1998. It held 55,000 books and old manuscripts.

The Iraq National Library and Archive, Al-Awqaf Library, Central Library of the University of Baghdad, Library of Bayt al-Hikma, Central Library of the University of Mosul and other libraries at Baghdad in Iraq were destroyed by Ba'athists in 2003. Several libraries were looted, set on fire, damaged and destroyed in various degrees during the 2003 Iraq War.

Thus history is replete with instances of inimical attacks on libraries and other cultural identities of a group of people by alien forces from within and outside, in order to subjugate the group and establish the hegemony of their alien cultures.

Jayalalitha’s onslaught on Classical Tamil Research Library and Anna Centenary Library should be seen in this perspective. Besides her antipathy for classical language status for Tamil, and portraits and monuments of Tiruvalluvar, reversing the decision of starting Tamil New Year from the first day of Thai month and reverting back to the Hindu mythological calendar against the wishes of renowned Tamil scholars is yet another attack on the cultural identity of Tamils.

Added to these manouvures is the erasing of the Tirukural line, ‘Ãw¥bgh¡F« všyh cæ®¡F«’ (All life on earth is same in origin), because it is opposed to ‘varnasrama dharma’ dividing people into four castes with rights, privileges and duties also categorised. Hence this is Jayalalitha’s blatant attempt to push through varnasrama dharma in Tamil Nadu.

These moves of Jayalalitha as a whole constitute Aryanised Sangh Parivar onslaught against Tamil language, culture and racial identity. A challenge ought to face and overcome unitedly cutting across political and social divides!

A Stable Regime with Unstable Administration!

A photograph speaks much more than pages of writing. This historic photograph of a Muslim man of Ahmedabad, fearfully pleading the Sangh Parivar goons to spare his life, speaks tales of terror, mayhem and pogrom let loose in Gujarat during the post-Godhra violence in connivance with and directives of Narendra Modi regime.

And, this photograph is the testimony for the plight, distress and despondency of the poor and even middle class people of Tamil Nadu reeling under the steep hike in bus fares, milk price and electricity tariff announced and effected overnight by Modi’s friend and incompetent and heartless Jayalalitha. This man Senthil (28) of Karapattu village in Tiruvannamalai district is a daily wage earner. His wife is Vijaya (22) and they have two children Maran (4) and Kanchana (3). He came to Chennai last month in search of livelihood and was doing construction work in Turaipakkam Sai Nagar staying there itself. When he was indisposed, he went to Tiruvannamalai with his family few days back. When he started for Chennai early in the morning on Nov.18, he gave Rs.100 to the conductor and asked for two tickets to Tambaram. But the conductor told him that fares had been hiked overnight to Rs.95 each and for two persons Rs.190 plus luggage charge of Rs.23 altogether Rs.213. After a quarrel Senthil managed to get tickets, got down with family members at Perungalathur and as he had no more money they went several kms by walk to Turaipakkam, grumbling why this regime is afflicting the poor and ordinary people. The bare footed couple and their children could have acquired slippers if they had had the excess fare amount of Rs.120.

In another such incident, a woman, Kalaichelvi of Kenikarai in Ramanathapuram came to Manamadurai and for returning to Ramanathapuram she got into a bus with her baby in arm and Rs.25, after midnight on 18^th unaware of the fare hike in the night. When the bus crossed Parthibanur she tendered Rs.22 to the conductor for a ticket. When the conductor told her that the fare for Ramanathapuram had been hiked to Rs.35, she was shocked and asked to be alighted at Paramakudi for the amount she tendered. Moreover as she had tried to alight from the running bus with her baby in hand, the conductor was taken aback and from his own money he gave her the tickets.

An elderly woman in Chennai got into a MTC 41D bus at Mandaveli and asked for a ticket to ‘Gemini’ handing over Rs.5 to the conductor, who gently told her that the fare had been hiked to Rs.9. The woman was upset since she didn’t have a paisa more than the exact fare. “When did this happen? I don’t know. Stop the bus. I’ll get off,” she said. Since the woman was a regular, the conductor let her ride, but said, “Pay the difference tomorrow.”

This is the condition of the poor and lower middle class people, from whom Jayalalitha plunders money round the clock, round the days and years to come, purportedly for retrieving ‘funds-starved’ State Transport Corporations, Aavin Milk Society and Electricity Board.

When the lady launched Free PDS rice scheme in place of one rupee a kg. rice scheme, free fans, mixie and grinders scheme and free laptops for Plus Two students, she was hailed by her cronies as ‘Defending deity of the poor’. But what is the reality? How much is to be given to the people and how much is to be looted from the people?

Provision for Food subsidy on account of Free rice scheme for the year 2011-12 is Rs.500 cr. (difference between Food subsidy allotted in the interim budget for 2011-12 presented by the DMK government in February Rs.4,000 cr. and the allocation made in the Budget for 2011-12 presented by ADMK government in August Rs.4,500 cr.);

Provision for Fans, Mixies and Grinders – Rs.1,250 cr.

Provision for goats and cows – Rs.56 cr.

Provision for Laptop scheme – Rs.912 cr.

All totalling Rs.2,718 cr. is to be given to the people by her much trumpeted free scheme. If at all the proposed Free green house scheme and New Health Insurance scheme fructify they will cost another Rs.1,080 cr. for the year.

On the other hand the amounts to be collected from the people, by the ADMK regime are:

Taxes already levied prior to the budget - Rs.4,000 cr.

Through hikes in bus fare, milk price and electricity tariff – Rs.11,700 cr.

Total loot from the people – Rs.15,700 cr.

The ADMK government will fleece people to the tune of Rs.15,700 cr. and offer freebies to the tune of Rs.2,718 cr. What a colossal fraud on the people? If the people reject the freebies will ADMK regime withdraw these hikes?

Jayalalitha had defended the hikes saying they are unavoidable to save public sector units turning bankrupt etc., she had said that because of non-revision of bus fares for long corresponding to increases in the prices of diesel and other accessories and increase in salaries of employees, fare hike now had become unavoidable. The hike is so steep from 40 to 80 percent. Private bus operators in the State also running their fleet for the same fare and still make profits and acquire new buses every year. Except some difference in staff salaries, the other operating costs are the same for state corporations and private operators, who have also hiked their fare now with the government announcement and thus could turn their profits into super profits. The Metropolitan Transport Corporation (MTC) is operating 3,000 buses. Compared to this, the Bangalore Metropolitan Transport Corporation (BMTC) has 6,000 buses, but its daily average revenue of Rs.3.72 cr. is nowhere close to double that of MTC’s revenue of Rs.2.22 cr. Yet BMTC makes a profit. This shows that the productivity of MTC workers is much higher as they are able to earn more revenue with lesser fleet of buses. Then why MTC is running on loss?

N.S. Srinivasan, former Director of the National Transportation Planning and Research Centre, says while mass transportation should be encouraged through a subsidy, inefficiency should not be subsidised.

“There are many operational indicators such as kilometres operated per day and passengers transported, by which efficiency can be quantified. Also, each bus terminal must be made to pay for itself by putting the extra land to commercial use. To increase fares without increasing efficiency is unfair.”

Brinda Vishwanathan of the Madras School of Economics says that public transport entities must not be viewed as just profit or loss-making, but as systems that benefit society.

“Profit must be seen as a means to carry out the social obligation, not an end in itself. Besides, if freebies such as grinders and mixies were curtailed, may be the government could have subsidised public transport without raising the fares. The question ‘What is a fair fare?' requires a larger debate. Only the public cannot be blamed. The answer may lie elsewhere.”

In the Budget presented by the ADMK regime in August last, it was mentioned, “Tamil Nadu State Transport Corporations provide the cheapest and most reliable public transport facility to the public. At present, there are 21,169 State Transport Corporation buses plying on different routes in the State. The financial health of the State Transport Undertakings is in a miserable condition and the State Government has to extend financial support even to manage their operational expenses.

"Our Government will bring more discipline in the staff, control unwanted expenditure and improve the operational efficiency of the Transport Corporations. It is proposed to develop existing bus terminals into multi level Commercial Centres, wherever land is available, with ground level covered bus depots under Public Private Partnership to generate additional revenue for the Transport Corporations. It is also proposed to introduce 3,000 new buses during 2011-2012 improving the level of service to the public.”

Were these measures taken by the government to improve operational efficiency of the transport corporations and if so, what is the outcome? Why the fare revision was not proposed in the Budget? Was it with an eye on Local body elections?

Similarly, there is a huge gap between the quantum of electricity generated and actual consumption. Transmission loss is to the tune of 18 percent and Aggregate Technical and Commercial losses (AT&C loss) are 19.3 percent. The unit consumption rate is arrived at without taking these 40 percent losses into account. Hence in the case of electricity also, improving operational efficiency and curtailing unwanted expenditure will bring down the so-called losses of the Electricity Board and hike in power tariff can be averted.

So also, the claim of Jayalalitha that ‘Aavin’ society was in good health when she left power in 2006 and it deteriorated during the DMK rule is a total lie. On the other hand when the DMK assumed office, Kalaignar had to clear over 2,000 files kept unattended by Jayalalitha and provide assistance to cooperatives and revive them. Because elections were not held for cooperatives during ADMK regime, Central government funds for several hundred crores could not be received. Whose fault is it?

A reader of The Hindu has posted the opinion that ‘it is not surprising that Jayalalitha has blamed the Centre and previous DMK rule for the hikes announced by her. She will even blame Obama for her problems’.

Instead of taking all these steps resorting to such steep hike in fares is atrocious.

Aavin milk prices have been increased by Rs.6.25 from Rs.17.75 to Rs.24 per litre.

Power tariff is to be hiked from 70 to 110 percent.

Can the people, already reeling under price rise bear these burdens? Her defence that she prevented flood before it strikes by raising a dam, only she can take bold decisions etc., are only facades for betrayal of people who voted for her. If they are true she should have proposed all these hikes ‘to save the people’ during her Assembly election campaign or atleast prior to the Local body elections. What is required is not ‘bold’ decision but sensible decision. Is it too much to expect it from Jayalalitha?

Let Jayalalitha be reminded of the Tamil proverb ‘ViH mGj f©Ù® Tça thbshL x¡F«’ which means, ‘Tears of the poor is akin to a sharp sword!’

Tears of the poor is akin to sharp sword!