Showing posts with label Karnataka High Court Judgment. Show all posts
Showing posts with label Karnataka High Court Judgment. Show all posts

Tuesday, July 19, 2011

The New "Brahmins"*


I have always wondered what it must have been to be Ekalavya. What does it mean to defer to the demands of a scornful 'Guru' who demands the ultimate price? It must hurt immensely when all that is learnt by observation and self practice is claimed as a commodity imparted by the 'Guru' and his unilateral claims to that knowledge. What a price to pay as an "offering": one's thumb! The swell of pain reverberates in a disastrous end to all that was learnt by sheer hard work and persistence, and no tutoring whatsoever – in Ekalavya's case the science was archery. 

Subservience and subordination disguised as humility to the "Guru" makes for a potent pathway of ownership of the ultimate asset – the privileging of knowledge.  Seeking, gaining and possessing knowledge is like treading in treacherous terrain. It leads to various forms of ownership, not least of which is commodification of knowledge and proprietary control over its contents. It happens all the time in our world. In some ways it is akin to the absolute control 'brahmins' had (and some perhaps still have) over knowledge in times past. The new scientific 'brahmin', though casteless, uses similar methods.

It is one thing to expect rigour and discipline in gaining knowledge, but an altogether different matter when it gets privileged. If one feels one is in the "know-how" business, then already the journey away from the world of the ordinary has begun. Its a bit like a balloon floating in the air. Everyone notices it, but there is clearly a limit to such existence. A lot of gas is demanded to be up there, but that is also its limit.

Two instances in Bangalore come to my mind about how such privileging can be risky. One is with the Government of Karnataka calling for a 'consultation' on potential field trials of food GMOs, but only inviting those with the required 'knowledge'. As the invitation letter reveals, only representatives of biotech companies are welcome, and the meeting is to be held in Vidhana Soudha, the invincible fortress from where the Government keeps people and democracy out in the streets. There are protests against such 'consultations' and not surprisingly only from the often derided farmers, 'activists', etc., who are also perceived to be 'un-knowledgeable' of such complex issues.


At about the same time several 'scientists' have signed up a statement against tree felling and road widening in Bangalore. There are many facts and analyses cited, which is to be expected coming from this self formed 'class'. Not surprisingly at all the statement has received good press coverage. After all in a 'science city' (which ironically has the highest density of millionaires but not one decent public library) scientists rule the roost.

Several of my friends have signed up this statement, and in all sincerity to help the cause. But I have a problem with such privileging of scientists.

Just like the Karnataka Government is consulting with only those who are 'knowledgeable' and thus causing a huge gap in decision making between those who farm and eat and those who now claim the capacity and knowledge of the ultimate systems of food production, our scientist friends have similarly made issues relating to urban environment unnecessarily complex and 'scientific'. Both efforts create gaps and are rather undemocratic pathways to follow.

Instead, I would argue that our scientists must step out of their proverbial 'ivory towers' and 'enclave' mentality, and throw their rationale and might into the common cause by striking the right cord with commoners. Knowledge, then, will actually become an useful instrument of democratisation and aid in the movement away from the privileging of the 'scientist' and thus the creation of the 'new brahmin'.

Last year when participating in public consultations on the Bt Brinjal issue, that then Indian Environment Minister Jairam Ramesh had organised, I found very few 'scientists' present there. I had expected Bangalore's scientists to come out in large numbers actually and was very disappointed that they did not care to wear their scientific zeal in a very public manner. Similarly, I have been rather disturbed that our scientists do not always step out and help in organising communities affected by road widening and participating in debates on such issues in ordinary public fora. Begs the question if our scientists are inimical to such democratic and civil actions?

Use all the scientific methods and capacities at one's disposal and produce good reports, papers, notes,... whatever. All such efforts will aid the development of good science and sound public policy. Make sure that such contributions are also formulated in a way that can contribute to ongoing street actions, litigative efforts and administrative decision making. But please do not fall into a trap of creating a new class out of knowledge.

Consider this: what if all contractors got together and made a similar statement that road widening is good for the city, for instance? And similarly, all agro-biotechnologists proposed that the only way forward with agriculture is the GMO route?

I am sure this proposition will disturb my scientist friends who have signed up the statement. But that would only be good for science and sound public policy no?

* The term 'brahmin' has been used here not to denigrate any community, but as a social metaphor of consciousness of distinctiveness. 

Friday, July 24, 2009

Save lives, livelihoods, trees and the City therefore

A couple of months ago Bangalore Police Commissioner Mr. Shankar Bidari admitted that 53 people died during 2008 in road accidents on the newly widened 30 kms stretch of Bellary Road connecting the city to the new airport. A maximum number of the dead were pedestrians and most were killed since the airport opened in May 2008. The number of injured could easily be 10 times for every death. Many families and their communities have been brutalised but left with little choice.


It is so very easy to anticipate such problems in the design stage and invite local communities to help shape good decisions as the law demands. But it is the disease in our administrative culture to overlook such statutory provisions, disregard alternatives, rubbish people's serious concerns and then look askance when confronted with the terrible consequences of their poor design that is the real culprit. Unfortunately, Courts have been very mild against such lapses.


Road building and widening is a process that has been done for generations now. The collective wisdom of this deep experience has helped shaped scientific standards such as the National Building Code of India and guidelines of Indian Roads Congress, which implementing authorities have to follow. The requirement to consult affected communities in urban planning and infrastructure development is articulated in great detail in municipal laws derived from pre-independence era and the Town and Country Planning Act enacted in 1960s! The latter legislation, in particular, mandates that the wide public in urban areas must be involved at various stages of planning and implementation of projects. But it is these very laws that are violated with impunity when planning and developing urban areas and infrastructure, resulting in the urban crisis that we all suffer today.


It is in this context that Environment Support Group and this author brought a PIL before the High Court of Karnataka arguing that compliance with such progressive statutes was mandatory while widening roads or developing the Metro. Accepting this submission the High Court ruled on 16 March 2009 that implementing agencies must “strictly follow the provisions of the Karnataka Town and Country Planning Act and the Karnataka Preservation of Trees Act” when widening roads and developing related infrastructure. (Download the interim direction from: http://www.esgindia.org/campaigns/Tree%20felling/Hasire%20Usiru/legal/HC_Road_7107_2008_PIL_160309.rar)


When the PIL was admitted last year (a copy of which can be accessed at: http://www.esgindia.org/campaigns/Tree%20felling/Hasire%20Usiru/legal/PIL_ESG_RoadWidening_Indexed_Final_HC_2008.pdf), the High Court had considered the Petitioners grievance that Bruhat Bengaluru Mahanagara Palike (BBMP) widening 91 core roads of Bangalore running into a length of over 400 kms. without any compliance with the Town and Country Planning Act. This would unjustly cause the destruction of homes, businesses, offices, schools, colleges, shopping areas, vendor zones, safe pedestrian pathways, and at least 40,000 avenue trees. The loss would be so irreparable and inconceivable that only the Court's restraining hand could help salvage the situation for affected communities and the voiceless trees. BBMP in its defense had argued that if roads were not widened traffic congestion could not be resolved. (A point that has been squarely contested by the current Traffic Commisisoner Mr. Praveen Sood). The Petitioners argue d that traffic congestion could be substantially reduced merely by treating intersections scientifically. In addition, developing safe zones for walking and cycling and providing pubic transport options – especially the very cheap bus based transport – would be the real long lasting solutions. World over, progressive efforts include traffic calming and discouraging cars in core city areas are being actively proposed – but the opposite was being done by BBMP.


The Court considered all these views and observed that authorities should be concerned “not only (about) the felling of trees and the widening of roads to reach the international airport but also such other incidental and related matters which result in the traffic hazards and also in relation to public/private transport, senior citizens, physically handicapped persons, children, ecology, environment and health”. To ensure such considerations were sincerely integrated in projects at the design stage itself, by consulting the wide public, the Court constituted an inter-disciplinary Committee headed by former Environment Secretary Mr. Yellappa Reddy.


The hope that the public would now be involved in decisions and that projects would be developed with sensitivity and in conformance of applicable laws and standards was shortlived The Committee Chair first made meetings out of bounds for the public and under pressure from implementing agencies began to issue suo moto clearance for projects in clear contravention of Court directions. Written protests from several Committee members that implementing agencies were violating the law were trivialised and not one representation of affected communities was even considered.


The Petitioners appealed to the Lok Adalat to arbritrate and on 19 November 2008 the Adalat ordered the Committee to act transparently and formulate recommendations only after hearing all concerned. Despite this direction, the Tree Officer of BBMP, who was also Convenor of the Committee, ordered the felling of all 350 trees on Sheshadri Road even when no recommendation had been formulated by the Committee. The Petitioners were once more compelled to rush to the Adalat for relief.


The Hon'ble Adalat was deeply disturbed by the violation of its orders and observed in its order of 6th January 2009 that little could be done about the tree felling on Sheshadri Road as “...most of the trees are already removed.” On the Petitioners submission, the Adalat returned the matter back to the Court to decide on the issue of non-implementation of the Town and Country Planning Act. It was in this context that the Court ruled on 16 March 2009 that implementing agencies would “strictly follow” provisions of particular Karnataka Town and Country Planning Act and the Karnataka Preservation of Trees Act. This might sound like the Court is stating the obvious – authorities must follow the law. That authorities must be directed by Courts to follow the law else they will not, is a disturbing trend and indicative of a crisis in law.


Meanwhile it is also important to note how brazen officials are in violating even judicial orders evidenced by an order of the Tree Officer of BBMP who within hours of the Court's decision ordered felling of over 90 trees on Palace Road. Even if we consider the Tree Officer had the power to order felling of trees, it is inconceivable how he managed to fulfill norms of tendering out contracts for felling trees and auctioning the wood. History will record this dastardly act as destroying Bangalore's real charm. If only BBMP was sensitive to progressive street design not only could these trees have been saved, but the network of Race Course Road, Palace Road and Sheshadri Road could have been intelligently developed into a cyclists and walkers paradise, and also a zone for smooth traffic flow.


It is pyrrhic relief then that the Chief Minister now confirms he smells a scandal in the widespread felling of avenue trees. (Read: http://www.thehindu.com/2009/07/24/stories/2009072453560400.htm and http://newsrack.in/news/display?ni=213805603b0ecfa96a9529f58381368c%3A8588163) Should he not begin by enquiring why his office did not bring to his attention tens of representations and letters complaining that there was something really wrong with such widespread felling of trees? Shouldn't he have cared about the tens of protests across the city against such felling – covered regularly in newspapers? Should he have waited so long – and that too for an MLA to bring up the issue in the Assembly that cartels are at work to fell trees unnecessarily - when trees were being felled right around his house and office with gay abandon?


The vandal act of felling trees unnecessarily must not go unpunished. At least now, the Chief Minister must follow through on his suspicion and order an enquiry, catch the kingpin behind these cartels (even if s/he is a forest or BBMP official?) and stem the rot in the system. The issue should not merely be that the trees felled were grossly devalued, but to ask if needed to be felled at all.


A good beginning could be made by ensuring that the 16th March High Court order is strictly complied with. Only when the implementation of this judgment becomes everyone's cause can we help shape Bangalore as a healthy, safe, equitable and green city.



Leo F. Saldanha

24 July 2009