Friday, 23 March 2012

Creating a xenophobia to cover up ineptitude


In the ADMK election manifesto for the Assembly elections in 2011 it was said, “Law and order will be strictly established without any mercy. All steps will be taken for peaceful living of people.... The unnecessary work load of the police will be reduced and they will be made to give utmost importance to the safety and problems of the people.”
After the ADMK’s electoral victory, Jayalalitha held a press meeting on May 13 and said, “The first and foremost priority of the new government will be to restore law and order and fulfil all the promises made in the comprehensive election manifesto within a time framework of one-and-half-years.” She did not stop there and claimed that all ‘chain snatching goondas had taken heels to Andhra.”
After she lost power in 2006, the DMK assumed office, “This is the ruin has been wrought; the havoc that has been wrought in Tamil Nadu is beyond description. Our priority is to rebuild. Over the past five years, Tamil Nadu has been totally ruined. Time and again this has happened. It is not an easy task to rebuild the entire state.” She said an analogy, “Renovating a house normally involved giving it a coat of painting and carrying out few repairs here and there. But, when the house itself had been damaged and knocked down with debris strewn all around, it is no easy task to restore it. First, the debris will have to be cleared for rebuilding the house. It’s not an easy task.”
It was such a tall talk and claim and the media carried out faithful reporting. A reader of one daily in Tamil Nadu, Aswin posted the following comment in the daily’s website on May 14 last:
“While I already knew what Jayalalitha had said to the press after the ADMK results were announced, what I was unsure of then and even now, after reading this report, is the credibility behind her claims of the situation in TN in 1991 and 2001 and her claims of having turned it around during her reign as CM. Frankly, the analogy that Jayalalitha used, I felt were far-fetched and cheesy to say the least, indicative only of the overbearing freedom obliged to her by the party’s win. Only time will tell whether her words were mere filmy dialogues chosen to feed the juice-hungry media. It would have been a little helpful if the report had been more critical instead of merely reporting the facts like an ADMK supporter, not that I am against the party. But going by what has happened in the past, I only hold concern for the people of TN as to what this 3rd inning is really going to bring to the people and the state!
The informed reader’s only concern for the people of Tamil Nadu as to what this third inning (of Jayalalitha) is really going to bring to the people and the State. The answer is there for the people experiencing the agony and in the reports in dailies and TV channels. There is not a day since the ADMK returned to power in the state in May last when no thefts, robberies, burglaries, murders, chain snatchings, kidnappings, misusing of children etc., are reported in newspapers. Contrary to her averment after assuming office and in the manifesto to ‘reduce the unnecessary workload of the police’ and deploying them for giving ‘utmost importance to the safety and problems of the people’, Jayalalitha pulled out a sizeable section of the police force and deployed them on all sorts of unnecessary works like taking up civil disputes on land ownership, in arresting her political rivals by foisting cases, lodging them in distant jails in far away places and for every court appearances bring them under heavy escort to their places and again returning to the jail. Moreover, the police force is completely destabilized and demoralised from the top to the lowest level due to frequent and whimsical transfers, resulting in total breakdown of law and order and insecurity to the people.
As against the tall claim of Jayalalitha soon after her swearing-in that chain-snatchers had run away to Andhra Pradesh, even according to the admission of police a ‘gang of high-flying chain snatchers was busted’ on Dec.13 last, as reported in dailies as:
“They were frequent flyers between New Delhi and Chennai. Sonu (26) and Sanjeev (30) of Uttar Pradesh looked like elite travellers who shuttled between the national capital and metros. Little would anybody suspect that they were part of a notorious gang that flew to cities across the country to snatch gold chains.
According to police sources, a constable attached to the Valasaravakkam station signalled two youths on a motorcycle to stop on Tuesday. When they ignored and sped past him, the irked constable gave chase on the busy road and apprehended Sonu. Handing him over to some locals, the constable continued the chase and apprehended the motorcyclist Sanjeev.
Verification of vehicle records showed that the motorcycle belonged to one of them. Though the duo initially tried to mislead the police by giving false information, interrogation by a team of officers brought out the shocking fact that they belonged to a gang operating across the country.
“The modus operandi of these youth was to take flights to Chennai and other major cities. They would go around snatching gold chains and return to New Delhi by train. Unlike other culprits who use stolen vehicles to commit chain-snatching offences, these persons bought latest motorcycles. They wanted to avoid getting caught by the police during routine vehicle checks,” a police officer said.
Preliminary enquiries revealed that they were operating in Chennai from several months now. “They were part of a five-member gang that came to the city once a fortnight. We have the details of the other three suspects. The accused know little about the city's topography…they would just go around and snatch gold chains.”
Investigation revealed that the accused would park their motorcycles in the parking lot at the Chennai Mofussil Bus Terminus (CMBT), Koyambedu. After checking into a hotel in the locality, they would strike and return.”
Now police say that the two incidents of daylight bank robberies were committed by robbers from Bihar and the burglary in a jewellery mart in Tirupur in which gold and diamond jewels worth Rs.14 crore were looted was committed by a gang from Jharkhand and West Bengal and some of them might have sneaked into Bangladesh with the jewellery which are yet to be recovered. So Tamil Nadu under ADMK regime has turned into a haven for thieves, robbers and burglars from all other states. It is also obvious that students and workers from Northern states who are now staying in Tamil Nadu are not responsible for all these crimes as they are living here for the past several years.
But to divert the attention of people and to cover-up the ineptitude of the police under ADMK regime, the police, at the behest of the regime has consciously created a dangerous counter-productive, illegal and unconstitutional xenophobia targeting lakhs of migrant workers and students from Northern states.
Unable to make any headway in the two cases of daylight bank robberies in the suburbs of Chennai, the police stage-managed an encounter in Velachery on the night of Feb 23 in which five suspected ‘robbers’ from North India were killed.
But gunning down of five north Indians suspected to be bank robbers has turned out to be the Tamil Nadu police's "Batla House". The National Human Rights Commission has also decided to send a team to Chennai to probe the gaping holes in the police's story.
After Chandrika Rai, a truck driver from Bihar who was allegedly killed in the Velachery encounter, emerged alive in Patna, questions have been raised as to who the police gunned down in Chennai. Chandrika claimed there was no one else by his name in his native Maujipur. But Chennai police commissioner J.K. Tripathy insisted the encounter was "genuine". The issue is turning out to be a tussle between Tamil Nadu and Bihar with Chief Minister Nitish Kumar speaking out against the "burglar slur" on the people of his state. Four of the five youth killed were from Bihar, while one of them is believed to be from West Bengal. Nitish has ordered his state's chief secretary and the DGP to look into the issue and it is expected that a fact-finding team from Bihar will visit Chennai soon.
The Tamil Nadu Police dispatched two teams to Bihar and West Bengal to verify the identities of the men killed. The four other alleged burglars, besides Chandrika, were Vinod Kumar, Harish Kumar, Vinay Kumar (all from Bihar) and Abhay Kumar (from West Bengal), all aged between 30 and 35 years. Chandrika wasn't the only weak link. Abhay's "landlord" Mohammed Aslam, from Bengal's Howrah, has also denied anyone by that name was his tenant. The family of Vinod Kumar alias Sujay Kumar Ray has reportedly met the police and denied that he was involved in the dacoity. They have claimed he was into real estate.
But the police still believe Vinod was the kingpin of the alleged gang. It was his image, captured on a CCTV camera, which helped nab the youth at the single-bedroom flat of the state housing board at a lower middle-class locality in Chennai. Neither does the place have any marks of a gun battle as claimed by the police nor do the local residents corroborate the police version.
The serious journalists’ fraternity that does not exist on police-hand-out-substance-allowances and human rights’ groups feel the Commissioner of Police J.K. Tripathy is lying.
* That lawlessness is thriving in Tamil Nadu is something well known.
* Trying to solve one set of lawlessness with another is akin to removing a speck of dust in one’s eye with a red-hot iron rod.
Serious journalists, human rights activists and senior counsels do not buy the police version. They pointed out the lapses in the time-frames of the police story and the claims of Tripathy. There are searching questions which remain unanswered:
 *  Inhabitants in the neighbourhood of the crime scene were asked to keep quiet and switch off the lights after the exchange of fire.
*  Even during the alleged encounter, very few neighbours heard fewer sounds of anything serious – and certainly not a deadly encounter.
*  The silence about the get away vehicle - a red OMNI.
*  The bullet scars were very few in the crime scene and not commensurate with the deadly exchange of fire.
*  One of the so-called killed persons spoke on television identifying himself as Chandrika Ray of all places – somewhere in northern India!
*  The neighbours had heard the cops to keep off and switch off lights at 10 p.m. Nevertheless, the neighbours did not hear anything that resembled the sound of gunfire. “The sounds may have been like ordinary disturbances in the neighbourhood,” a female resident said. It does not coincide with the so-called time of the encounter.
Close on the heels of daring bank robberies in Chennai, the hosiery town of Tirupur was shaken by a major burglary at Anto Alukkas Jewellery shop in the early hours of Feb.22. This was the second such incident in a year. Last September 24, an armed gang barged into a branch of the Mini Muthootu Finance branch on the Tirupur-Kangayam Highway and took away 1,381 sovereign of gold jewellery. The police arrested three suspects in West Bengal and said the other five suspects absconded. With police not recovering any loot and none of the fingerprints of crime said to be matching with those of the three arrested, doubts remain as to whether those arrested were really involved in the burglary or whether the police had arrested them as a face-saving exercise.
The Chennai city police has directed (Commissioner of Police issued order under Sec.144 IPC) all house owners to file details of North Indian tenants with their photographs with the nearest police stations on or before May 1, failing which legal action will be taken against them under IPC Sec.188. But the xenophobia seems to have been orchestrated by the ruling ADMK to cover up the Jayalalitha regime’s ineptitude.
An ongoing profiling of north Indian migrant workers and students by the Tamil Nadu Police has sparked off a controversy, with activists calling it “racial” and demanding an immediate halt. Civil rights activists, academicians and trade union leaders called it an assault on citizens’ right to live and work anywhere in the country. They held a protest in Chennai on March 9.
Geeta Ramaseshan, an advocate who fights human rights cases in the Madras High Court, said north Indians were ending up as victims of a brewing hate campaign in the state. She cited the February 27 lynching of a mentally challenged person from Andhra Pradesh in south Chennai as an example. The victim was mistaken for a north Indian burglar. Police allegedly let the attackers go free. The lynching came four days after five persons from Bihar and West Bengal — suspects in two bank robberies — were shot dead by police in the same area. A. Soundararajan, a leader of the Centre of Indian Trade Unions (CITU), said one person from Bihar died after being attacked by iron rods in Coimbatore. He said the real issues were being overlooked. “There are 10 lakh migrant workers in Chennai, Hosur, Tiruppur and other towns. They are virtually the new class of bonded labour as they are denied minimum wages, injury compensation, medical attention and decent living conditions. Asking them to enrol like cattle in police stations is against all norms.”
    Dwelling on the lack of protection for migrants in the state, Professor A Marx of People’s Union for Human Rights (PUHR) said, “Most of the 10 lakh migrant workers in Tamil Nadu do not have the protection guaranteed under the Inter-State Migrant Workmen’s Act. They are paid minimum wages and forced to work for long hours in inhuman conditions with no recourse to legal protection in the event of accidents. The police do not investigate deaths of migrant workers due to violations.” While activists do not oppose gathering of such data, they stress that this task should not be entrusted to the police. “This is a job for the labour department,” said Madhumita Dutta, convener for Campaign for Justice and Peace. “Speedily register them under the migrant workers act and accord them the protection they need.”
    People’s Union for Civil Liberties (PUCL) regional secretary S Balamurugan stated a few days ago, “No law in the country permits such a data base. Police are targeting poor migrant workers and inciting hatred among residents against outsiders.” The groups are considering sending a memorandum to the state government in this regard and if enumeration still continues, a PIL will be filed against it in the high court, they said.
Laying the blame for the recent mob violence on a mentally challenged person of Andhra Pradesh in Pallikaranai and the killing of a 19-year-old Bihari boy in Pollachi on the vitiated atmosphere created by the police campaign, the activists said that persisting with such enumeration could lead to a situation that the police may find it difficult to contain.
Police have visited the houses of migrant workers and collected their details. The workers are so scared that they don't go out after 6 p.m. Whenever they go out in the night, they say police intercept and interrogate them. In some cases, migrant workers claimed that they were taken to the police station for questioning.
In a separate development, two migrant workers belonging to a northern State were allegedly attacked by some local people at Thiruporur in Kancheepuram district on Feb.15.
According to T.K. Elumalai of Rural Development Trust, an NGO, the workers employed in a construction firm along Old Mahabalipuram Road were walking to a shop when some youth stopped them and asked for their identity.
“Unable to reply in Tamil, they ran into the workers' colony. The youth raised an alarm that the two were thieves which attracted the attention of others in the area. A large number of people armed with clubs entered the colony and attacked the workers. The two workers were injured and taken to a private hospital.”
The enumeration is racist and targeted at a particular class — poorly paid migrant workers who come to eke out a living thousands of miles away from home. Already, the workers are grossly underpaid and overworked and forced to live in harsh conditions by their contractors. Now, the police are infusing fear into their minds by seeking personal details from them.
The exercise, the hallmark of divisive politics practised by parties such as Raj Thackeray’s Maharashtra Navnirman Sena, whose activists have been accused of harassing north Indian migrants in Mumbai. “The effects will not be without ripple effect on the local economy and will diminish the state’s value as an investment destination.
Following PIL filed in the Madras High Court challenging the recent killings in an encounter, two applications filed in the Madras High Court by six ADMK advocates and residents of Velachery, the neighbourhood where the ‘encounter' took place, describes these ‘north Indians' as “the workers who had landed in Tamil Nadu for working, slowly steadied their roots here and later started indulging in many crimes, many of which are dastardly and grave ones”. They further state that “offences committed by (the) north Indians in Tamil Nadu are on the rise” and that in this particular instance “group of north Indians were on a rampage....disturbing the peace and tranquillity of the state”. The applications have been filed to counter the ongoing public interest litigation in the Madras High Court challenging the recent killings. In their malicious and mischievous intent, there is one thing that the applicants have said that is true, that they are ‘workers'. But the truth stops there. Tamil Nadu has a fairly large interstate migrant population, estimated to be over ten lakhs, with large concentrations around Chennai, Coimbatore, Trichy, Madurai, Hosur, Tirupur, Kanyakumari and Tirunelvelli. Hailing from Assam, Bihar, Orissa, Bengal, Uttar Pradesh and even Nepal, these men come to work on private and government construction sites, in small engineering ancillary units, steel rolling mills, lathes, hosieries, foundries, in roadside eateries as well as fancy city restaurants, as security guards and even as farmhands.
But there is another crucial difference that makes the inter-state migrant workers far more vulnerable—the terms and conditions under which an interstate migrant worker consents to labour. Most of the migrant workers in the State land up through informal arrangements orchestrated by multiple contractors and sub-contractors. Munniraj, a labour contractor in Hosur, has 650 Bihari workers whom he supplies to the various small-scale engineering units in the industrial area. The workers, who earn anywhere between Rs.3,500-Rs.4,000 per month, give him 10 per cent of their wages, which works out roughly to Rs.2 lakh a month. About 30,000 migrant workers from Bihar, Bengal, Orissa and Nepal work in the area. Ruing that local workers don't want to work in the factories and prefer MNREGA work, Sampat, an office bearer of Hosur Small and Tiny Industries Association said “these migrant workers have become indispensable for continuing production”. A short documentary titled Finger made by Progressive Writer's Forum explains why the locals would rather work in MNREGA and not in these factories. The film shows the dangerous working conditions in the factories where accidents are commonplace, with workers losing their fingers in pressing machines as a matter of routine. Apart from some medical treatment, not much is given by way of compensation to the worker.
“We don't get any money for injuries at work, we pay ourselves. Almost every day I injure my hand in the machine, so many workers get injured”, said 21-year-old Manas from Gaya district who has been working for the past six months in a factory that makes casings for water pumps in Perungudi, OMR. “Almost all the workers in my factory are from Assam and Bihar,” added Manas, who works 12 hours a day for six days a week for a wage of Rs.6,000 per month. His 19-year-old roommate chips in: “I came to work last year in another factory, but the work was so hard, lifting heavy loads 12 hours a day, I fell very sick and left”.
“I left my job in a food company in Delhi three months back and came here. They used to make me work for 16 hours a day and paid Rs.5,000. Here I have better pay for less number of hours of work. But I don't want to stay here. I feel insecure. Police has made our lives miserable,” said Nandlal from Gaya who sends his family of six Rs.4,000 every month. As if waiting for a cue, Manas, who had so far not said anything about the police harassment, said: “I am too scared to step out of the house after seven p.m., the police patrol stops us and asks for ID proof, and if you don't have one you are taken to the police station for enquiry”. After the bank robbery last month, police have been visiting the slums where large migrant populations live and asking the ‘north Indians' to show their IDs or proof of employment. “Where will these migrant people get any proof of employment or any ID for that matter?” asked Geeta Ramakrishnan of Unorganised Workers' Union, “the definition of interstate migrant workers in the Inter-State Migrant Workmen Act itself is problematic”. It recognises only those workers who have been “recruited by or through a contractor in one state under an agreement for employment in an establishment in another state”.
In reality this would translate to most of these workers not being covered under the Act. So no questions of rights, like wages, displacement allowance, conditions of work and employment, as provisioned under the Act will apply to them. Even the 2010 Supreme Court judgment asking for registration of all construction workers in the welfare board is difficult to implement in Tamil Nadu due to two Government Orders which require the workers to be verified by the local Village Administrative Officer. “No VAOs ever verifies a migrant construction worker,” informed Ms Ramakrishnan. In 2009, after rapes of two children of migrant workers, a State-level policy was drafted to safeguard the children of migrant workers. But it's been gathering dust since.
The interstate migrant is a much-reviled figure, often unjustly so. Ghettoised and insecure, and lacking any legal or social protection, the interstate migrant workers become easy targets for the state, administration, overzealous nationalist forces and, more worrisome, the local working class.
The ongoing hate campaign and xenophobia created by the ADMK regime in order to cover up its ineptitude and failure to protect people of Tamil Nadu from crimes, reminisces similar vicious hate campaign and attacks on South Indians, particularly Tamils in Mumbai (then Bombay) and elsewhere in Maharashtra by notorious Shiv Sena in late 1960s after it was founded by Bal Thackeray in 1966. The Shiv Sena also blamed South Indians for all the crimes in Bombay just because the dons, smugglers like Haji Mastan and Varadaraja Mudaliar alias Vardhabhai originated from Tamil Nadu, but their aim was to drive out all migrant workers from South India. The move also brings the painful memories of British rule days, when a community in Southern districts was branded as ‘crime hereditary successors’ (F‰w¥ gu«giuæd®) the cruelties inflicted on their menfolk and the struggles against such a system.
Is the ADMK regime taking Tamil Nadu back to those dark days?

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