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14 May 2008

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NBA activists protest the Supreme Court’s "anti-people" judgement

On May 8 2006, the Supreme Court of India decided to allow construction of the Sardar Sarovar dam without a clear mandate over the rehabilitation of oustees from the Narmada Valley.

A Bench headed by Chief Justice Y K Sabharwal passed this order after Additional Solicitor General Gopal Subramaniam submitted that Prime Minister Manmohan Singh has constituted a three-member committee, headed by V.K.Shunglu to look into the relief and rehabilitation work for project-affected families in Madhya Pradesh and the committee is expected to submit its report by June 30 to him.

“We hope and expect the prime minister will be able to take a decision on or before July 3 and the decision taken shall be placed on record,” the Bench said while posting the matter for further hearing on July 7.

Activists respond
Shivani Chaudhry
Shivani Chaudhry
To activists of the NBA and their supporters in Delhi, this was the final blow against the people of the Narmada Valley. After deliberating for two months, the Court had failed to stop the construction of the Sardar Sarovar dam even though it has been clearly established by several teams, including the Central Government’s own ministerial team, that just and proper rehabilitation of the affected people even under the current dam height had not taken place.

The Supreme Court’s latest decision violates not just the Narmada Water Disputes Tribunal Award, but more shockingly, its own prior judgements.

Moreover, the Gujarat government claims that it will complete construction of the dam height to 122 metres by June 30. So by the time the Prime Minister reviews the report on July 3 and the Supreme Court hears the case again on July 7, it will be too late. Thousands of lives would be submerged by then.

Given the circumstances, what is the purpose of this Committee other than to conduct a post-mortem?

When the highest judicial body in the country fails to deliver justice, where else do you go? When the lives and livelihoods of more than 35,000 families are being juggled between the judiciary, legislature and executive, who can you have faith in? When principles of truth, democracy, and human rights are sacrificed to ugly political vendettas, what do you do?

These were some of the questions that dismayed activists brought with them as they gathered outside the Supreme Court on 9 May 2006.

Medha Patkar, while explaining the purpose of the gathering, said that the Court might challenge this protest as a contempt of court, but in reality, it was not the people committing contempt but the Court that had committed the greatest contempt by violating its own judgements.

Shivani Chaudhry
Shivani Chaudhry
Protestors held placards questioning the failure of the Supreme Court to uphold justice. As one banner said, “In the name of development they were damned. Without proper rehabilitation they are doomed. Now with justice denied they are being drowned.”

Several eminent people, including writers, film-makers, journalists, as well as leaders and members of peoples movements spoke at the event. Apart from the Narmada issue, they also brought into question a host of anti-people and anti-poor judgements of the Supreme Court ranging from orders for demolitions of slums to eviction of hawkers.

"Struggle will continue"
The participants at the dharna opposite the Supreme Court strongly reaffirmed their commitment to a much broader and more radical national struggle for justice and human rights.

The mood might have been one of disappointment, of disgust, and of outrage, but it was definitely not one of defeat. Quite the contrary. The UPA Government might think it has won. Narendra Modi might think he has won. But it is the spirit of the people of the Narmada Valley that has truly won.

Shivani Chaudhry
Shivani Chaudhry
Even as the Sardar Sarovar dam rises higher and higher, and thousands of people face imminent submergence, people of the Narmada Valley from Pichodi, Bhitada and Bhilkheda (Madhya Pradesh), Gadher (Gujarat), Bamni (Maharashtra) yelled out in defiance, “ladenge, jeetenge!" (We shall fight, we shall win!).

And no matter what the Court rules, the truth of failed rehabilitation cannot be hidden. Justice has sadly not won in this case. But the truth, for sure, has.

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