Pondicherry : Fact File

8/14/2019 Pondicherry : Fact File

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PONDICHERRY :Fact-File

N.Nandhivarman

General Secretary Dravida Peravai

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Periyar-Anna, the two ideologues of Dravidian Movement laid down firm ideologicalfoundations for equality of all human beings and carrying forward a progressiverationalist global vision. Arignar Anna spelt out those noble ideals in the AnnamalaiUniversity convocation address.

A world without beggar's outstretched palm, the miser's heartless stony stare, thepiteous wail of want, the pallid face of crime, the livid lips of lies, the cruel eyes of scorn,a race without disease of flesh or brain, a land where life lengthens, fear dies, joydeepens, love intensifies and man regains his dignity is what Arignar Anna dreamt ofand Annaism stands for.

This noble goal set for Dravidian Movement to make its appeal universal was firstincorporated in the Manifesto of Anna Dravida Munnetra Kazhagam in its formativeperiod. In fact at the very inception of that party two names emanated, one from Chennaiand other one from Pondicherry. Anna DMK is the name given by Anagaputhur

Ramalingam and DMK (Annaist) is the name given by N.Nandhivarman fromPondicherry. (Source: Dinamani front page top banner news 18.10.1972). MGR acceptedthe formation of the party later. The reason for Annaism to be set as goal was promptedby an experiment in Ghana by Nkrumah to create a scientific socialism suited to that soil.

Anna DMK formed a committee under Nanjil K.Manoharan to formulate policies andprogramme for the party. In the report submitted to that committee Pondicherry unit ofAnna DMK had spelt out Annaism as the goal. ([Source: Indian Express 23.2.1973]

Mr.N.Nandhivarman entered politics in 1959 and became the Secretary of DravidianStudents Progressive Federation of Pondicherry [DMMK] in 1962. In 1967 he becamethe Organizer Pondicherry District DMK Students wing [DMMK] and in 1970 StateConvener of Dravidian Students Progressive Federation [DMMK]. With this introductoryremark New Times Observer, the only English weekly published since 1966 continuouslyfrom Pondicherry elicited Nandhivarman's reply on what is Annaism?

Annaism stands for universal affinity, equality, fraternity, liberty, honesty, purity,sincerity, morality and for socialism and democracy in their truest sense and meaning.

Within 2 months of Anna DMK's inception N.Nandhivarman was suspended fromPondicherry State Anna DMK leadership. The public reason in the first expulsion said itis for personal reasons. Later he joined DMK and remained in DMK till 1994. In 1996when Dravida Peravai was floated "Annaism" emerged as the party's goal.

In search of redefining the goals of Dravidian Movement the new party listed out certaineconomic goals. One such goal of the party is single global currency. No one whoespouses globalization will be ready to accept this because it cuts into the roots ofspeculative capitalism.

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The first struggle was for safeguarding the ground water. By joining hands with certainindividuals of Ashram, in the Supreme Court battle to relocate a water intensive distilleryin the beach we won and shifted the 100 year old Government Distillery from Beach.Then joining hands with Narambai Fishermen's Panchayat the long drawn struggle toprevent a Multi National Corporation uprooting entire village to set up its shop followed.

The list of struggles and their successes will be in a separate web site. Some web sites forimmediate reference are given below.

The River Interlink Case:

http://www.boloji.com/environment/22.htm

Water Famine Ahead: http://www.boloji.com/analysis/043.htm

To augment struggles with research papers and articles had been a continuous pattern in

Dravida Peravai's campaigns: We reproduce a Research Paper presented byN.Nandhivarman in the Seminar organized by Pondicherry Institute of Linguistics andCulture, affiliated to Pondicherry University:

THE ENVIRO HISTORY OF PONDICHERRY

Tamils lack sense of history. This inherent ingredient of the Tamil people is responsiblefor lack of recorded history at the time when every country woke up to construct itshistory on facts. We have to mainly depend on the literary evidences to write our history.The epic Silapathigaram gave us an insight into the landmass that is lost in the IndianOcean.

Now we have other sources to confirm our literary references. With the knowledgeexplosion, thanks to the internet revolution, we get lot of information. To understand thepast history of the Tamils inclusive of Pondicherry and to foresee its future we have toknow about continental drifts and the theory of plate tectonics.

"The theory of continental drift that the continents move relative to one another wasproposed by Alfred Wegener in 1910. It was not until 1945 that Arthur Holmes suggesteda mechanism for the process-convection in the mantle. Complete evidences to convincemore scientists those plate tectonics the movement of larger segments of the outermostshell of the earth as a mosaic of large rigid plates was not accomplished until the1960's...."

The Department of Geological Sciences of the Canadian University of Saskatchewan inits web pages states that Plate Tectonics is the unifying theory that explains almost all theprocesses at work on the planet. To understand the evolution of our planet and to have acoherent idea on earthquakes, volcanoes, mountain belts, ocean basins and thetopography of the sea floor, scholars are relying on the theory of plate tectonics.

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http://www.boloji.com/environment/22.htmhttp://www.boloji.com/analysis/043.htmhttp://www.boloji.com/environment/22.htmhttp://www.boloji.com/analysis/043.htm


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Alfred Wagener known as the Father of Continental drift in his publication of 1912 saidthat " Looking at a global map it would appear that the continents could be broughttogether to fit like a jig saw puzzle" Mankind is one and this stands proven once again bythe geological fact that continents were together at one time and drifted apart. Noweveryone accepts that as solid upper Earth floats on astheno-sphere, the litho-sphere

drifts".

The Earths crust since its formative years dating back to 4.6 million years is in constantmotion. "Broken into a patchwork of plates and floating on currents in the fluid visco- plastic upper mantle beneath, the plates continuously collide and pull apart. Thecontinental crust is significantly less dense than either oceanic crust or the upper mantlerocks. Some more proofs are given below.

The formation of Himalayan Mountains is due to the fact that Indian sub continentmoving northwards buckling up material while colluding with the Asian continent. Thescientists of the Earth Observatory of Columbia University New York confirm that the

Indo-Australian plate south of Equator in the Indian Ocean area has broken into two andeach is moving in one direction. In the last 50 million years Indian sub continent isdrifting at 5 centimeters a year towards North. Tibetan plateau and Himalayas bear thebrunt of this mounting pressure. The Altyn Tagh fault i.e. geo-fracture extends 2200kilometers in Western China...........

TAMIL NADU: KUMARIKANDAM MEENDUM?

Researchers in the Earth and Planetary Science letters state that instead of Earth's surfacebeing divided into 12 major plates there are now 13 plates. In the latest research byLamont-Doherty scientists about 8 million years ago the accumulated mass of Indiansubcontinent became so great that the Indo-Australian plate buckled and broke understress. The result of this crucial stage in the collision between India and Australia is thebreak up of Indo-Australian plate into separate Indian and Australian plates. In TheCentral Indian Ocean Nature is conducting a large scale experiment for us showing whathappens to the oceanic lithosphere (earths outer layer) when force is applied. Usingdrilled samples in 1970 scientists discovered that a broad zone of the Indian Ocean floorstretching more than 960 kilometers from east to west along with the equator wascompressed and deformed. They later found that the newly created seafloor had spreadoutward from the mid ocean ridges in the zone and theorized that the movement ofseafloor could only be fitted in only if a distinct boundary existed between Indian andAustralian plates... [On this in Dinamani Tamil daily 26.01.1996 Nandhivarman hadwritten as "Meendum Thonruma Kumari kandam?"]

The changes that could happen have been a matter of speculation. Highlighting thegravity of the situation in THE OTHERSIDE October 1997 edited by George Fernandez,Nandhivarman wrote with specific thrust on Pondicherry as follows:

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WILL PONDICHERRIANS BECOME ECOLOGICAL REFUGEES?

Pondicherry, a word born out of the Frenchman's tongue is a variation of the Tamil word'Puthucheri' which means new settlement. Now at the fag end of this century wePondicherrians have to engage in the quest for new settlements. The danger of becoming

ecological refugees looms large. This is neither soothsaying nor a prophecy of doom. Aforewarning to plan our resource use in a proper manner to avert this eventuality.

A Report on Ground Water survey and exploration in the Union territory of Pondicherryand its environs prepared by a team of experts of Central Ground Water Board (SouthernRegion-page 13) contains the following observations:

"The general strike of the cretaceous-Paleocene formations trends NE-SW with gentledips ranging 2 to 5 towards Southeast. The Cuddalore sandstone formation thoughmaintains the same strike, shows a dip up to 10. The cretaceous and Paleocene beds forman inliers having been exposed due to the denudation of the overlying Cuddalore

formation which overlap them completely. A low angle fault trending in NNE-SSWdirection is inferred from Mudrapalayam. This fault passes just west of the bore holesdrilled by Oil and Natural Gas Commission at Mudrapalayam and Muratandichavadiwhich when extended passes close to Rayapudukuppam where the rocks show high andirregular dips. Probably this fault takes a swerve towards North East beyondRayapudukuppam and runs along the out crop contact between the Manaveli andKadaperikuppam formations met with in the Oil and Natural Gas Commission bore holeat Murattandichavadi is marked by breocinted clay stone indicating probably a fault zone.The limited thickness of Kadeperikuppam formation in the bore holes at Koluvari,Mudrapalayam and Muratanndichavadi appears to be the result of the aforesaid faulting.It is presumed that this fault is met with much below at depth further north of slim hole atAlankuppam.

Photo-geological study has also confirmed the existence of a fault to the west of the coastline a straight scarp running almost parallel to Pondicherry-Marakanam East Coast Road.This straight coast line is also indicative of some structural dislocation.

These observations made since 1973 contain the shocking news about faults otherwiseknown as geo fractures. Dr.S.M.Ramasamy Director of the Center for Remote Sensing ofBharathidasan University explaining the findings on his project River Migration TamilNadu in the interview to The Hindu says

But the East-North-East-West-South-West trending faults on the contrary are showingleft handed (sinistral) ongoing translational movements and again the North-West-South-East trending faults are showing right handed (extral) translation movement. Suchsinisterly and dextrally moving faults display definite morph tectonic anomalies in theremotely sensed data and also in the field. In addition there is a conspicuous landsubsidence between Pondicherry in the North-East and Cumbum valley in the South-West.

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And now when waves lash our coasts, drawing attention to the Sea Coast erosion N.Nandhivarman wrote an article in The New Indian Express of 4.06.2005. Wereproduce it here because it shows in past decade we continue to focus on Green Issues.

ACCOSTING THE SEA COAST

n.nandhivarman

Nowadays seas frighten the fisher folk. For centuries fisher folk had establishedunassailable bond of love with seas, but in post tsunami phase every change in the seacauses nightmare. The sea recedes and people become panicky. Waves enter villageslashing out the beaches. People run hither thither for safety. Kanyakumari to Cuddalorealmost for a week people of the coast spent sleepless nights and anxious days. Thisscenario had wakened up the social thinkers and scientists to look for solutions to coastalerosion. Changes due to continental drift are inevitable. Here too if we look at theprojections made by scientists, the future world map of 100 million years and 250 millionyears show changes in Indias position but India always remain attached to the Asian

continent. This should be viewed with consolation, because in past India was an islandnation separated from Asia.

Our planet is a tri-axial ellipsoid, moving around the Sun in an elliptical orbit at 30kilometers per second and rotating around its axis at 1,666 kilometers per hour which isfaster than speed of sound. Such high speed rotation has resulted in polar areas beingcompressed towards the center and equatorial areas being bulged out says ProfessorVishal Sharma. Apart from these changes the coast of Tamil Nadu had undergonevariations in the past but the present causes more concern. As per a study by the Schoolof Earth Sciences of Bharathidasan University Before 1.5 million years ago Seaextended up to Madurai. Around 90,000 years before Chennai, Pondicherry andVedranyam were encircled by seas. Since sea level subsided 65,000 years ago India andCeylon got connected. When sea level rose by 27,000 years ago both parted and when itfell by 17,000 years before joined again to part again". And amidst panic reaction to suchstudies, if we look at the map of coastal changes in Tamil Nadu, one could know that thecoast instead of moving inwards had extended seawards. This is enough to give us freshhope for survival braving the fury of Nature.

VARYING TAMIL NADU COAST

The sea erosion of coast is not an India specific problem. "More than 80 percent of theworld shorelines are eroding at the rates varying from centimeters to meters per year."says Orrin.H.Pelkey, Professor of Geology and Director of the Program for the study ofDeveloped Shorelines in the Duke University, North Carolina, USA. He had authoredtwo books and one of its titles has a message to all of us. Living by the Rules of the Sea"is his book and it is high time we learn to live by the rules of the seas.

A walk in the beach and breathing its salubrious breeze is world wide habit. But howmany of those who visit beaches is aware on how beaches are formed? People areworried about erosion. But it is a fact that without erosion beaches could not be formed.

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"Without the process of erosion, we would not have beaches, dumes, barrier beaches andthe highly productive bays and estuaries that owe their existence to the presence ofbarrier beaches" opines Jim O'Connell, the Coastal Processes Specialist of Woods HoleOceanographic Institution. Well erosion might have helped beach formation, but it issending alarm bells from Kanyakumari to Chennai and beyond. Let us look for some

scholarly opinion in this regard. After a close study at the Pitchavaram forests nearChidambaram, M.S.Swaminathan Research Foundation reveals that "in between 1930and 1970, the seashore had eroded by 550 meters. Between 1970 and 1992 the rate oferosion was about 12 meters." The writing on the wall is clear. In past Sirkazhi was acoastal town, which now is interior by kms. The Harbour of Choza Empire, Poompuhar isnow beneath the seas. At present warning from Pitchavaram must awaken us.

Apart from facing Nature's onslaughts with preventive measures, human errors too needsto be corrected. Sand is the food for beaches, and it is needless to say that our rivers arenot supplying that food to the beaches. Human exploitation and drying of rivers depletessand supply to beaches. Interlinking of rivers as often advised by our President

A.P.J.Abdul Kalama will not only solve water crisis but will save dying beaches.

Sea level rise is primarily due to the thermal expansion of the sea water and melting ofthe glaciers and ice caps. Artic Climate Impact assessment by 250 scientists says thatglobal warming is heating the Artic almost twice as fast as rest of the planet UnitedNations sponsored Inter Governmental panel on climate change will be bringing out itsfourth assessment by 2007. Changing Winds and currents in the Indian Ocean in 1990scontributed to the global warming says a NASA study in the Geophysical ResearchLetters. The recent lashing of waves of Tamil Nadu coast was triggered by a storm nearAustralia, scientists say.

The National Hurricane Center of USA reports that hurricanes release heat energy at therate of 50 trillion to 200 trillion watts. This is equivalent to 10 mega ton nuclear bombexploding about every 20 minutes. But we in India are in one way lucky. Our coast willnot be hit by hurricanes. Our cyclones are less intense. Storms that hit continentalAmerica have almost the full width of Atlantic Ocean to gain strength, since our cyclonesemanate from Bay of Bengal there is neither room nor time for them to grow, and thisnatural phenomenon helps us in one way.

Global warming also causes rise in sea level inundating coastal areas. We must knowthat most of the ice sheet rests on land that's below sea level. At a point called the"grounding line" it starts floating, thus displacing its own weight in water. And as it turnsout, the line may not move much because the flow of the ice streams seems to berestrained by friction against rocks at the bottom and sides rather than the ice shelf. So ifthe ice shelf melts, the flow of the streams should not change appreciably. And since thevolume added to the ocean depends on how much ice moves from land to water -- asdetermined by the grounding line -- the upshot seems to be relative stability. "The icestreams do not appear to be susceptible to the kind of unstable retreat once envisaged,"says Bentley. "Their flow is largely insensitive to the presence of the ice shelf so thegrounding line would remain the same." Instead of possibly collapsing in 100 years, as

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was considered possible 10 years ago, Bentley says the West Antarctic Ice Sheet is morelikely to collapse -- if at all -- in perhaps 5,000 years at the soonest. By this scientificprediction it becomes evident that sea level rise by global warming too will not causemore harm in near future, if we are well prepared for it with preventive measures. Ifgovernments have plans for beach nourishment with vegetation, which is the cheapest

preventive measure, it will go a long way in arresting coastal erosion. Our survivalinstincts will save us in planet Earth, but let us strive to survive with forethought.

Courtesy: The New Indian Express-week end 4.06.2005

Environmentalists are not anti developmental people. Dravida Peravai had mooted manydevelopmental plans, discussed it with Planning Commission Member Dr.S.B.Gupta andmet the Union Minister for State of External Affairs Digvijay Singh to urge for theTENTH DEGREE CANAL PROJECT. This was published in center page of Dinamaniin al edition coverage with New Delhi dateline.

TENTH DEGREE- TAMIZHAN CANAL

August 15 th 2003, from Pondicherry Dravida Peravai wrote a letter to the Lt.Governorof Andaman and Nicibar Mr.N.N.Jha on the need to dig a canal in Thailand connectingBay of Bengal and Gulf of Siam. It also urged that such Indo-Thailand joint venture benamed as Thamizhan Calvaay. (Daily Thanthi 15.08.2003). Then Dinamani dated28.08.2003 stated that a memorandum for construction of a " New Canal for benefitingChennai and Tuticorin Harbors had been handed over to the Union Minister of State forExternal Affairs Mr.Digvijay Singh. Mr.Singh lauded this project which will reduce 1500nautical miles to reach South China Seas. Then Dravida Peravai sent Memorandums toIndian Prime Minister Atal Bihari Vajpayee and Thailand Prime Minister ThakashinShinawatra on 3.11.2003. The contents of that memorandum are given here.

Dear Respected Prime Ministers

You may be aware that the Suez Canal (1869) and Panama Canal (1915), SethusamudramCanal (1860) and the Tenth degree canal have been mooted to create short navigationalroutes to bring prosperity to respective regions and countries. The French initiative tobuild Siene-Norde Canal is an example for the keen interest evinced by developedcountries to promote trade and overall development. Since the recent visit of The IndianPrime Minister had given tremendous boos to the cooperation between India andThailand, Dravida Peravai is bringing to your knowledge certain historical facts with thehumble request to you both to take an active interest for the construction of the TenthDegree Canal, which can bring prosperity to Andaman and Nicobar islands of India andThailand apart from boosting bilateral trade.

You must go back to the pages of history to know that Thailand then known as Siam is anenemy country of the British and an ally of the Japan during the World War II. On theconclusion of the Second World War one of the last secretive acts performed by thecolonial Government of India was the signing of a Peace Treaty with Siam [Thailand]. A

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THE LAND HOUSE GRAB:

[Dravida Peravai waged a fierce battle to save innocent victims who had fallen prey togreedy politicians in power. With 15 party supports Dravida Peravai started the agitation.The Lt.Governor of Puducherry ordered for CBI enquiry but there was no sign of CBIcoming forward. So as Convener of Anti House/Land Grab Action Committeecomprising 12 political parties met Indian Prime Minister Atal Bihari Vajpayee on 17thDecember 1998 and Indian Home Minister L.K.Advani on 19th December 1998. Thedelegation met Opposition leader Sharad Pawar, and many others. Meanwhile few partiesdeserted the struggle. Then in 1999 with 8 political parties went to Chennai and helddemonstrations demanding CBI to take up the ordered enquiry into land grab. CBI came,enquired but kept report in cold storage. Hence Dravida Peravai approached SupremeCourt of India; the petition filed is given in verbatim. A perusal of this petition will revealthe Operation Land Grab involving many political parties. The WEEK report is given asvisual. In end the Supreme Court order is given.N.Nandhivarman, General SecretaryDravida Peravai]

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SYNOPSIS AND LIST OF DATES

The departure of the French from Pondicherry left several important and singularissues as are not faced by other citizen of Indian Union. Having failed to persuade theGovt. of India to grant citizenship, the French offered an option to its subject in French

Pondicherry for option of nationality. As many as 7,000 citizens to remain Frenchnationals and hold property in the Union Territory. 70,000 Pondicherry Indian Citizenswork in France.

The French maintained land and municipal records. The French handed theserecords to Indian officials. After their departure New Survey was under taken and newmaps and numbers were given to houses and plots and agricultural land.

The troubles started as people felt that the new survey has not been properlydone. When they tried to find old records it was learned that some of the old record is notavailable and had either been destroyed or stolen away by old hands of the municipal and

revenue department.

Gradually fake sale deeds and forged documents started appearing and bogusclaims and criminal possessions began. Unfortunately, it went un-checked byadministration and the crate with muscle power made it their profession and the lands, bunglows houses of absentee French Indian Nationals were targeted. Later land andhouse grabbing attained such proportions that political parties made an issue governmentwas approached, some of the raids by police confirmed the fears of trouble that oldemployees were found to be in illegal possession of revenue records.

When things became more serious agitations by political parties was startedmedia also came to help and published the sordid state of affairs. A delegation of allpolitical parties met the Lt. Governor and insisted on C.B.I. enquiry. The Governor waspleased to recommend an C.B.I. enquiry but not much came out of it till now. Hon'bleDefence Minister was approached, Hon'ble the Home Minister and lastly even the PrimeMinister was apprised of this loot. A memorandum was given to him.

The French Government also became alive to this land grabbing menace andquestions were put in their Senate. A Senator visited in India.

Individually people went to courts even High Court. The police and the C.B.I.have so far not been able to stem the rot. Now police is no longer co-operative andtreated it as a mere civil litigation problem. No charge sheet has till day been filed byC.B.I. No conviction has been obtained. No one who lost his possession been able to getit back. Hence this writ petition.

28.05.1956 Treaty of Cession of French establishment of Pondicherry, Kariakal, Maheand Yaman signed.

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15.10.1998 Letter by the petitioner to Hon'ble the Defence Minister Mr. GeorgeFarnendes (Confidential) about theft of land Records of French era.

02.12.1998 Memorandum to Her Excellency the Lt. Governor of Pondicherry aboutland grabbing by all political parties.

17.12.1998 Memorandum by all political parties to Hon'ble are the Prime Minister.

17.12.1998 Call attention motion question No.12957 moved in the Senate of FrenchParliament.

26.12.1998 The Houses of Ex-officials raided for records of land of French era.27.12.1998 The Hon'ble Defence Minister assured through letter about the action.03.05.1999 Memorandum to Director C.B.I. by political parties.

30.08.2003 Letter by the petitioner to Hon'ble Defence Minister informing further

case of grabbing..01.2004 Hence this Writ Petition for kind consideration of this Hon'ble Court.

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IN THE SUPREME COURT OF INDIA

(CIVIL ORIGINAL JURISDICTION)WRIT PETITION (CIVIL) NO.OF 2004

(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)

IN THE MATTER OF:-

N. NandhivarmanGeneral SecretaryDravida PeravaiHaving its office at28, Romain Rolland Street,Pondicherry 605 001.

PetitionerVERSUS

1. The Union of Indiathrough the Cabinet SecretaryGovernment of India,Ministry of Home Affairs,New Delhi 110 001.

2. The Government of Pondicherry,represented by its Chief Secretaryto the Government of Pondicherry,Secretariat Buildings,

Goubert Avenue,Pondicherry 605 001.

3. The Director of Central Bureau of Investigations,New Delhi.

...Respondents

A PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA FORISSUANCE OF A WRIT, ORDER OR DIRECTION IN THE MANDAMUS OR ANY NATURE, TO HELP NEEDY PEOPLES IN DISTRESS AND ESPOUSE THEIR

CAUSE AGAINST ORGANIZED CRIME AND MAFIA ON ONE HAND AND HELPTHE PUBLIC AGAINST HIGH HANDEDNESS OF STATE OFFICIALS ANDAGITATE ISSUES OF PUBLIC INTEREST FOR GRANT OF RELIEFS.TO

HON'BLE THE CHIEF JUSTICE OF INDIAAND HIS COMPANION JUSTICES OFTHE SUPREME COURT OF INDIA.

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THE HUMBLE WRIT PETITION OF THE PETITIONER ABOVENAMED.

MOST RESPECTFULLY SHOWETH:

1. The petitioner is a citizen of India by birth and resides permanently in

Pondicherry. He is the General Secretary of Dravida Peravai, a Political Party, registereda Regional political party with the Election Commission of India, whose object is to helpneedy people in distress and espouse their cause against organized crime and mafia onone hand and help the public against high handedness of state officials and agitate issueof public interest. It works for peace and harmony in different sections of people andwork for national integration.

2. That the petitioner as general secretary and an active member of the party isconstantly approached by needy, poor, deprived people for help. Since he is devoted topublic cause he has been for long associated with the problems of the people of UnionTerritory of Pondicherry.

3. That the problems of Pondicherry are aggravated as this French Territory was forlong administered by French laws for French nationals of Indian Origin. The petitionerhad been associated with their problems for almost two decades. The long absence ofsome its citizen attracted the greedy eyes of miscreants and they started occupying suchpremises left locked for going to France.

4. That when land and property grabbing of French nationals of Indian origin andlater even of other citizens of Pondicherry obtained serious dimensions the petitioner wasflooded with complaints. The media and other political parties also awoke to theseproblems. The problems became graver and way back in December 1998 the leaders ofpolitical parties agitated and one day token hunger strike was jointly organized by theparty of the petitioner with other parties like B.J.P., AIADMK, DRAVIDA PERAVAI,PMK, R.J.D., SAMTA, JANATA, D.K. etc. The petitioner joined their hunger strike andinformed the Hon'ble Defence Minister earlier on 15.10.1998. A Photocopy of the letteris being filed as ANNEXURE: P-1. He alongwith other political leaders met the then Lt.Governor of Pondicherry and submitted a memorandum signed by him along with others.A Photocopy of Memo dated 02.12.1998 is being filed as ANNEXURE: P-2 to thispetition.

5. That later he was a member of delegation which called upon the Prime Minister ofIndia Sri Atal Behari Vajpai on 17.12.1998 at Delhi to bring his kind notice to thisproblem. He was also a signatory to the Memorandum submitted to the Hon'ble PrimeMinister by this delegation. A photocopy of the said Memorandum dated 17.12.1998 isbeing filed and marked hereto as ANNEXURE: P-2 to this petition.

6. That he has been in constant touch with Sri George Fernandes, the Union DefenceMinister and President of Samta Party which is the associate party of the petitioner. Hewas informed about the land grabbing mafia vide his letter being filed hereto and markedas ANNEXURE: P-3.

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Petitioner was a member of the delegation that met the Joint Director of C.B.I. on03.05.1999. The petitioner also represented the case of these unfortunate Frenchnationals regarding their problem of property and land grabbing to the Senator o FrenchParliament, Hon'ble Jean Pierre Cantegrit. Thus the petitioner has been associated with

this Public cause for a very long period. He is fully competent to file this writ petition inpublic interest.

7. That this Public Interest Petition is being filed before this Hon'ble Court directlybecause:-

A) The leading political parties tried their best to obtain some relief for the suffersand approached the Governor who had recommended C.B.I. enquiry but later nothingcame out of it. A cell was created under the Collector to hear complaints and then it wasclosed.

B) The matter has international implications and questions are being raised in FrenchParliament about this house and land grabbing grave problem that is being faced byFrench nationals of Indian Origin. Madame Monique Cerisier ben Guiga a ruling partymember of Parliament had brought a call attention motion no.12957 in French Senatedrawing the attention of the Minister for foreign affairs on spoliation of the immoveablebelongings for which the French in Pondicherry are the victims. Copy of the Questiontranslated dated 17.12.1998 duly is annexed and filed hereto as ANNEXURE: P-4 to thispetition.

C) The organized mafia has the blessings of the ruling party as also a nexus tocorrupt officials. The allegations by the people and appearing frequently in media arethat many political big wigs are helping this land grabbing mafia. That is why the police,which had in raids recovered from 5 ex-official of revenue department who helpedgrabbers in preparation of false records and maps to assist the land no other agency ofgovernment came forward to the assistance of the harassed persons. Even a senior policeoffice of the rank of Superintendent now is being accused by public for looking the otherway in this matter. A Photocopy of the News Paper reporting dated 26.12.1998 is beingannexed as ANNEXURE: P-5 to this petition.

D) This Hon'ble Court has disapproved the activist role played by High Court in thematter of Guru Vayoor D. Managing Committee v. C.K. Rajan 2003 (7) SCC 546.

8. That individual matter has referred by litigants to the High Court of the State andtheir writs are pending before the High Court but the direction of that Hon'ble Court arenot be complied and cared by various departments of the Government of Pondicherry.The High Court has been approached for getting FIRs registered as police refused to doso. The problem is too deep, burden too heavy on individuals to carry on. There has tobe thorough enquiry, the revenue records from the time of French are to properly locatedand used; many holes already dug like destroying important records are to be filled andindividuals are to be made fearless so that they can come forward and approach the fact

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14. That on 15.10.1998 the petitioner as Secretary of Dravida Peravai had brought tothe notice of Samta Party President and the Defence Minister about the theft of importantland records Cadastre and Paimache left behind by the French Administration. Latter abi weekly Junior Vikatan in its issue dated 11.11.1998, exposed the racket of bogus land

record manufacture. S.P. (Vigilance And Anti Corruption) raided some places andrecovered massive evidences of fabrication of bogus documents. The old records werealso recovered from the possession of some of the old employees of the revenuedepartment confirming the existence of a nexus of officials, political high ups and themafia dons.

15. That matter attracted the attention of French legislature and as far bas as17.12.1998 Madame Monique Cerisier ben Guiga drew the attention of the Minister ofForeign affairs on the spoliation of immovable belongs for which French in Pondicherryare victim through call attention motion No.12957.

16. That the French nationals joined the political parties and in the assemblyquestions were put about these grabbing matters. The government admitted that 106complaints were received and enquiries are being made in 92 cases. This may appear agood answer but so far no progress has been made by the C.B.I. who is supposed to beinvestigating the matters. The Defence Minister was kind enough to convey to thepetitioner that Home Ministry is taking action on our complaint. A photocopy of hisletter dated 27.12.1998 is being filed as ANNEXURE: P-6.

17. That having waited for quite time the political party leaders met the Director ofC.B.I. at Shastri Bhavan, Chennai and submitted to him a memorandum on 03.05.1999.A photocopy of the same is annexed as ANNEXURE: P-7. The petitioner also wrote toHon'ble Defence Minister on 30.08.2003 for grave violation of property. A Photocopy ofthe letter dated 30.08.2003 is being filed as ANNEXURE: P-8.

18. That the petitioner in order to bring pressure on authorities submitted amemorandum to French senator Monsieur Jean Pierre Cantegrit who visited Pondicherry.But all these years neither C.B.I. nor any other agency has come to the assistance of suchdisposed persons. A fresh spurt of land grabbing and house grabbing was noticed inDecember, 2003. Rejya Sabha Member and Congress Committee President V.Narayanaswamy and senior advocate and Vice President of D.M.K. (Pondicherry) SriC.P. Thirunavukkarasu have stated that high level police officers with connivance ofsome media person are now helping these land grabbers.

19. That unfortunately whenever a matter of this nature are sought to be reported withpolice these are not treated as criminal offences and are treated as civil disputes. In thecivil courts the C.P.C. lays down such a procedure that one -generation gets exhausted inpursuing the remedy. The result is that people have lost the heart to fight it out. In factan individual has hardly any chance against organized crime.

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20. That a civilized society bases its foundation on righteous part and respect for lawand democratic way of life are the accepted mode not only of an individual but also ofhealthy society. Things can be controlled. A will to do has to be found in those whohandle administration. Gangs howsoever strong they may appear have are bound to sinkif torpedoed by organizing a body inside with the help of governments which shall take

up the basic task of examining the old revenue records. Even if the revenue records atPondicherry have been mutilated, lost of manipulated photocopies can be availed fromthe duplicate copy safe with French government. All the matters reported so far shouldbe investigated and a climate of confidence in the processes of law and it majesty has tobe so projected that the law breaker gets afraid of punishment and the fear from the mindsof common man goes. In this role of C.B.I. revenue officials and public men of integritycan be coordinated under the guidance and supervision of some authority/Court.

21. That after from fulfilling the mandate of Article 21 of the Constitution, the actionstaken in right direction shall India a win the appreciation of French people. That shall bean example even other states of Indian Union who are getting a taste of organized crime.

The wrongful acts are violative of the umbrella provided by Article 21 and Article 14 ofthe Constitution of India. Hence this petition is submitted on the following amongstother:-

GROUNDS

A) Because right to property and peaceful living is the mandate of the Constitution.The wrongful acts are violative of the umbrella provided by Article 21 and Article 14 ofthe Constitution of India.

B) Because French nationals of Indian Origin in India have to be given the sameumbrella of law as to Indians of India origin. The message of international lure has to goabout India as a highly law respecting country.

C) Because International ramifications of the matter demand a different and moredeliberate approach in solving the matters. The matter is in a way a test of the country torespect the commitment that it gave to France while French left the shores of this countrywithout a murmur with quite dignity and since then have always stood with India ininternational matters.

D) Because individual problems cannot be solved by agitating different matters in thecourts on even the High Court.

E) Because this Hon'ble Court in Bandhua Mukti Morcha V/s Union of India - 1984(3) S.C.C. 161 have already shown a path through which the challenge of Ex-PrimeMinister in himself in Ex. P.M. Chandra Shekhar V/s B.L. Vadhera 2002 (9) S.C.C. 108another land mark for land grabbing has been achieved.

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F) Because this Hon'ble Court has disapproved the activism and course taken byHigh Court in the matter of Guruvayoor Devawom Managing Committee V/s C.K. Rajan2003 (7) SCC 546.

22. That the petitioner has not filed any other petition before the High Court or this

Hon'ble Court for the similar relief.

PRAYER

In the aforementioned premises, the petitioner most humbly and respectfullyprayed that Your Lordships may graciously be pleased to:-

a) issue a writ or in the nature of mandamus directing the Union Home Ministryunder whose control the Union Territory is being administered to complete the probe byCentral Bureau of Investigation and to probe all land grabbing cases reported till date inmedia or pending as civil suits in local courts and to bring the culprits to book

irrespective of their political or official connection;

b) issue a writ of or in nature of mandamus directing the Government of Pondicherryto call for original records from French Archives and to compare it with whatever un-stolen records we have to trace the missing links to fill the gaps and to restore proper landsurvey and property records in a computerized manner ensuring clean records for theholders of title thereby ending the circulation of bogus and manufactured documents incirculation and the unnecessary civil suits cause by clashes over title by legal and illegalowners of properties;

c) issue a direction to the Union Home Ministry to probe into the massive wealthamassed by public officials revenue and police helping the grabbers and to bring allculprits to book by sending a special team to take immediate action on errant officialsinvolved in aiding abetting promotion and shielding land grab/house grab in Pondicherry;and

d) pass any other order or orders as Your Lordships may deems fit and proper in theends of justice.

Drawn by: Filed by:VINAI SINGHADVOCATE

NEW DELHI

DRAWN ON : 20 .01.2004 (R.D. UPADHYAY)ADVOCATE FOR THE PETITIONER FILED ON : 21.01.2004

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IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

I.A. NO. OF 2004

IN

WRIT PETITION (C) NO. OF 2004

IN THE MATTER OF :N. Nandhivarman Petitioner VersusThe Union of India & Others. Respondents

APPLICATION FOR EXEMPTION FROM FILING OFFICIAL TRANSLATIONTO

HON'BLE THE CHIEF JUSTICE OF INDIA

AND HIS COMPANION JUSTICES OFTHE SUPREME COURT OF INDIA.

THE HUMBLE WRIT PETITION OF THE PETITIONER ABOVENAMED.

MOST RESPECTFULLY SHOWETH:

1. That the petitioner has filed the accompanying writ petition under Article 32 ofthe Constitution of India.

2. The facts and circumstances leading to this application have been set out in detailin the writ petition, they may be treated as part and parcel of this application as they arenot being repeated for the sake of brevity.

3. That the petitioner has filed Annexure P/5 duly translated into English, theoriginals of which is being in French language. The said translation has been done by anFrench knowing expert and the same may be taken on record as true and authentic.

Interest of justice would be served if the petitioner be exempted from filingofficial translation of Annexure P/5 as this stage.PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may be graciouslypleased to:

a) exempt the petitioner from filing official translation of Annexure P/5 and passorder for taking on record of the same as true and authentic;

b) pass such other or further orders as may be deemed fit and proper.

Drawn by: Filed by:

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VINAI SINGHADVOCATE

NEW DELHIFILED ON : .01.2004 (R.D. UPADHYAY)

ADVOCATE FOR THE PETITIONER

INDEX

S. NO. PARTICULARS PAGE NOS.1. Synopsis and List of Dates A2. Writ Petition with Affidavit. 1 -3. ANNEXURE: P-1:- Copy of the letter dated 15.10.1998 by the petitioner toDefence Minister.

4. ANNEXURE: P-2:- Copy of the memorandum dated 02.12.1998 given to the Her

Excellency the Lt. Governor of U.T. Pondicherry.

5. ANNEXURE: P-3:- Copy of memorandum dated 17.12.1998 given to the Hon'blethe Prime Minister of India.

6. ANNEXURE: P-4:- Translated copy of the question in French Senate dated17.12.19987. ANNEXURE: P-5:- Copy of the new item published in The Hindu dated26.12.1998.

8. ANNEXURE: P-6:-Copy of letter dated 27.12.1998 by the Defence Minister topetitioner.

9. ANNEXURE: P-7:- Copy of the memorandum to C.B.I. Director, Chennai, dated03.05.1999.

10. ANNEXURE: P-8:- Copy of letter dated 30.03.2003 of the petitioner to theDefence Minister & President of Samta Party.

11. Application for exemption from filing official translation.

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SUPREME COURT OF INDIA

Writ Petition [Civil] No 70 of 2004

N.Nandhivarman versus Union of India

Honble Chief Justice

Honble Justice S.H.Kapadia

Upon hearing the Counsel the Court made the following

ORDER

We are of the view that the petitioner has a remedy by filing a petition under Article

226 of the Constitution of India. This petition is misconceived.

With these observations the writ petition is accordingly dismissed.

23.02.2004

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APPEAL AGAINST DEPORTATION

OF EALAM REFUGEES

At the party headquarters of Dravida Peravai various Human right activists met on18,12,2000 and sent a Joint Memorandum To National Humans Rights Commission ofIndia, which is given in verbatim here:

Ealam refugees came to India in three stages. After the ethnic holocaust in the year 1983nearly 1,20,000 refugees came feeing from the clutches of Srilankan hoodlums.Particularly in between 24 th June 1983 to 29 th July 1989 the total number of refugeesarrived here from Srilanka amounts to 1.34.053. Thereafter in the aftermath of 1987accord between India and Srilanka particularly between 24 th December 1987 and 31 stAugust 1989, 25, 585 refugees were sent back to Srilanka. Most of them preferred to goto Western countries than to Srilanka. In the second phase after the 20 th January 1992

around 54,188 refugees were sent back. Now as on 31 st May 2000, the Ealam refugeesin India number to 66464. They are kept under 129 special camps.

We, the signatories to the memorandum urge the National Human Rights Commission tostudy the conditions of these refugees and order for remedial measures. The IndianGovernment deals with refugees at both political and administrative levels. The result isthat refugees are treated under the law applicable to aliens. In the case of refugeesprotection, the Constitution of India guarantees certain fundamental rights, which areapplicable to all non citizens, namely, the right to equality (article 14), the right to lifeand personal liberty (article 21) and the freedom to practice and propagate their ownreligion (article 25). Any violation of these rights can be remedied through recourse tojudiciary as the Indian Supreme Court has held that refugees or asylum seekers cannot bediscriminated against because of their non citizens status.

The National Human Rights Commission, we are aware has functioned effectively as awatch dog for protection of Refugees. The Commission has approached the SupremeCourt of India under article 32 of the Constitution and obtained protection to Chakmarefugees from the Chittagong hill areas of Bangladesh when their life and security wasthreatened by local politicians and youth leaders in the State of Arunachal Pradesh. Reliefwas granted by the Supreme Court on the basis of the rights of aliens under article 14 and21.

The Chief Justice of the Supreme Court, Justice Ahamadi speaking for the court in theNational Human rights Commission vs. State of arunachal Pradesh (1996 SCC 742) saidthat the state is bound to protect the life and liberty of every human being. He pointed outthat the rights of the refugees under the constitution of India were confirmed by article21, which also included the right to non-refoulement . In case of Khy Htoon and others vsState of Manipur, The Imphal Bench of the Guahati High Court ruled that refugees havefundamental rights under article 10, 21 and 22 of the Indian Constitution. Justice

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V.R.Krishna Iyer considers article 14 which provides equal protection of law, as beingapplicable to all persons, not merely citizens.

India's refugee policy is further governed by certain administrative regulations. Thestandard of human treatment set by these administrative regulations flows from the ethos

that persons displaced from their homes need both protection and economic sustenance.The administrative experiences of the government department responsible forrehabilitation and the laws adjudicated at the time of the partition have contributedtowards a refugee policy for India. In India refugees are registered under the 1939Registration Act, which is applicable to all foreigners entering the country. Under the1946 Foreigners act The Government of India is empowered to regulate the entry, presence and departure of aliens in India, though the word alien itself is no wheredefined. Entry is also governed by the Passport act of 1967.

Entry can be restricted if a person does not have a valid passport or visa to individualswho can enter Indian borders without a valid visa or any other document though the

government can exempt persons when it so deserves. These procedures are linked at thisstage to illegal migrants, the exemption provision is applicable to refugees. It should benoted that refugees in developing countries unlike those in the West (barring those fromformer Yugoslavia) usually descend in large numbers. Under these circumstances refugeedetermination becomes an administrative task to oversee the relief and rehabilitationprocess rather than to supervise who stays or does not stay.

As mentioned previously the Government of India determines the refugee status and hasno specific legislation to deal with refugees. Professor Saxena of Jawaharlal Nehruuniversity maintains that despite this lacunae, India does apply in practice certain articlesof the 1951 U.N Refugee Convention. These include Article 7 as India provides refugeesthe same treatment to all aliens, Article 3 as India fully applies a policy of nondiscrimination, Article 3 a as no penalty is imposed on illegal entry, article 4 as religiousfreedom is guaranteed, Article 16 as free access to Court is provided, Article 17 &!8 aswork permits have no meaning and refugees do work, thus complying with these articleson wage earning rights, article 21 as freedom oh housing is allowed and refugees neednot stay in camps, for freedom of movement is guaranteed to all aliens, except in certainareas where special permits are required not only for aliens but also for all Indians andarticle 27 and 28 as identity and travel cards are issued to refugees.

However many activists have contested the assertions of Professor Saxena. They pointout that the majority of Srilankan Tamils and almost all of the Jammu and Chakmarefugees were forced to live inside camps. Severe restrictions were imposed on theirfreedom of movement. In addition, asylum seekers from Burma were arrested and jailedand during 1995-1997 approximately 5000 Chin refugees from Burma were pushed backover the border. They also point out that since the government does not issue residencepermits to all the refugees they are unable to open bank accounts, rent houses and set up abusiness. Moreover Indian educational institutions do not admit refugees. as a resultyoung refugees are unable to pursue their academic careers.

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To conclude though India is not a party to 1951 UN Convention on Refugees or itsprotocol, its domestic laws have not been found to be in conflict with international laws.While it can be justifiably proud of having followed a pragramme of humane treatment torefugees, there is still an absence of uniform treatment of different refugee groups withrespect to refugees rights resulting in discrimination in terms of assistance and

opportunities. To protect refugees by means of activists approach has its own limitations.Thus there is a need for enactment of national law to provide for refugees in asystematical manner.

HENCE WE THE SIGNATORIES TO THIS MEMORANDUM URGE THENATIONAL HUMAN RIGHTS COMMISSION TO MONITOR THE POSITION OFSRILANKAN TAMIL REFUGEES KEPT IN 129 CAMPS.

Physical Security : Indian Courts have decided in a number of cases that theConstitutional protection of life and liberty must be provided to refugees. In the case ofLouis de Readt [1991 -3 SCC 554] and Khudiram [ Nos 1994 Supp.(1) SCC 615] the

Supreme court held that article 21 of the Constitution of India which protects the life andliberty of Indian citizens is extended to all including aliens. Below are some of the mostimportant decisions of the Supreme Court.

The Supreme Court of India in the case of National Human Rights Commission vs Stateof Arunachal Pradesh restrained the forcible expulsion of Chakma refugees from the state[Civil WP No 720/95 : 1996 {1] Supreme 295 ]. The Supreme Court in its interim orderon November 2, 1995 directed the State Government to ensure that Chakmas situated inits territory are not ousted by any coercive action not in accordance with the law. TheCourt directed the State Government to ensure that the life and personal liberty of eachand every Chakma residing within the State should be protected. Any attempt to forciblyevict or drive them out of the state by organized groups should be repelled by using para-miltary or police force and if additional forces are required, then the state should takenecessary steps. The Court also decided that the Chakmas shall not be evicted from theirhomes except in accordance with the law, the application for their citizenship should beforwarded and processed expeditiously and pending the decision on these applications,they shall not be evicted.

WE THE SIGNATORIES OF THE MEMORANDUM POINT OUT THAT NOWFORCIBLE EXPULSION OF TAMIL REFUGEES HAS COME TO LIGHT. THEFORCIBLE DEPORTATION OF MR.EALAVENDHAN, to the country wherefrom heexpects danger to his personal security marks a new phase in India's refugee policy whichwarrants the intervention of National Human Rights Commission.

Non-Refoulement and the Right to Refugee Status

In number of cases Indian Courts have protected the rights of refugees where there aresubstantial grounds to believe that their life would be in danger. There are cases wherethe Courts have ordered the life of refugees who are in danger to be safeguarded and have

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allowed them to be granted refugee status by the United Nation High Commissioner forRefugees.

In Zothansangpuri vs State of Manipur (Civil Rule 981 of 1989) the Guwahati-Imphalbench of the Guwahati High Court ruled that the refugees have the right not to be

deported if their life was in danger. In Dr.Malvika Karlekar vs Union of india (Criminal583 of 1989) in Writ Petition, The Supreme Court held that authorities should considerwhether refugee status should be granted and until the decision was made, the petitionershould not be deported. In Boghi vs union of India (civil Rule 981 of 1989) the GauhatiHigh Court not only ordered the temporary release of a Burmese man from detention butapproved his stay for 2 months so that he could apply for UNHCR for refugee status( Civil rule No 1847/89 Gauhati High Court). The case of U.Myat Kayvew vs State ofManipur ( Civil rule 516 of 1991) has contributed substantially to India's refugee policy.It involved eight Burmese people aged 12 to 58 who were detained in Manipur centraljail in Imphal for illegal entry. The people had participated in the Democracy Movementhad voluntarily surrendered to Indian authorities and were taken into custody. The cases

were registered under section 14 of the Foreigners Act for illegal entry into India. Theypetitioned for their release, however to enable them to seek refugee status with UNHCRin New Delhi. The Gauhati High Court under article 21 ruled that asylum seekers whoenter India, even if illegally should be permitted to apraoch the office of the Un HighCommissioner to seek refugee status.

Right to Basic Amenities:

In Digvijay Mote vs Government of India [Writ Appeal No 354 of 1994]The High Courtof Karnataka considering the rights of 150 Srilankan refugee children ordered the State tomake necessary arrangements to provide basic amenities to the refugee children in thecamp on humanitarian grounds. In Majid Ahmed Abdul Majid Mohd.Jad Al-Hak vsUnion of India [ Crl. WP No 60 of 1997] the court held that basic amenities like food andmedical care must be provided while in detention. In the case of Gurunathan and others(WP Nos 6708 of 1992] The Madras high Court on March 27, 1994 stayed therepatriation process as it was not voluntary. It held that when there is an internationalorganization to ascertain the volanteriness of the consent it is not for the court to decidewhether the consent was voluntary or not. It also directed the Government to transmit thisorder in Tamil to the camps as well as an order that refugees will not be sent back againsttheir will.

Right to Leave

The court has upheld a refugees right to leave the country. In Nuang Maung Mye Nyantvs Government of India (CWP No 5120/94) and Shar aung vs Government of India (WPNo 110 of 1998) the courst ruled that even those refugees against whom cases werepending for illegal entry should be provided exit permits to enable them leave the countryfor 3 rd country resettlement.

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We point out that this right has been denied to Mr.Ealavendan though no case of illegalentry was pending against him.

Certain vested interests in this country wants to wipe out Tamil linguistic identity andethnicity and are unleashing a campaign of hatred against Tamils. As part of their

campaign of hatred against Tamils, these forces do not want fellow Indians to beconcerned over the genocide in Srilanka or to treat Tamil refugees on par with Tibetanand other refugees as per our constitution. Tamil refugees should be confined to specialcamps and forcibly deported, whereas others may get preferential treatment, these forcesargue. We bring to your notice that a fear psychosis is being created amidst Srilankanrefugees that they can be deported to the land from where they fled for fear of life. Pleaseensure that none is deported to the land from where they escaped from the jaws of death.Also probe the manner in which Mr.Ealavendan was deported as some reports say inmedia that bypassing a duly elected State Government the deportation had taken place.

This memorandum drafted by Dravida Peravai was signed by Dravida Peravai General

Secretary N.Nandhivarman, P.Sankaran Vice President Pondicherry PMK, ProfessorM.L.Thangappa of Thamizh Valarchi Nadavadikkai Kuzhu, N.M.Thamizhmani ofSenthamizhar Iyakkam and others. It was sent to National Human rights CommissionChief Justice J.S.Varma on 18,12.2000

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FIJI INDIAN PLIGHT

INDIA SHOULD SEEK UNITED NATIONS INTERVENTION TO SEND PEACEKEEPING FORCE TO FIJI TO PROTECT INDIAN LIVES, PROPERTY AND TORESTORE DEMOCRACY

Dravida Peravai launched a campaign on 1.6.2000

After launching the campaign in a Memorandum to Union External Affairs Minister andUnion Defense Minister , Dravida Peravai said:

Our party yesterday organized state level campaign in the Pondicherry enclave of theUnion Territory of Pondicherry to draw the attention on the urgent need to exertdiplomatic and other pressure on the current illegal and unconstitutional government bycoup and coup within coup to secure the release of the duly elected Prime Minister of Fiji

Mr. Mahendra Pal Choudry and fellow Parliamentarians and to ensure proper protectionto the properties and lives of the people of Indian origin, whom it seems are fleeing toAustralia and New Zealand as they did when the coup of Colonel Rabuka in 1987. ourparty through these 10 meetings had demanded India to take up this issue to UnitedNations, an institution created at the collective will of the nations of the democratic era,which cannot remain a silent spectator to the hijacking of the democracy by gun trottinggroups.

Mahakavi Bharathiar, the only poet who penned a poem on the plight of Indian women inthe year 1916-17 had narrated how on promising jobs Britishers took Indians as contractlabour to Fiji and treated them worse than the animals. They were slaves working in

sugarcane fields, the poet lamented. As a befitting tribute to this great poet, our campaignto highlight Fiji crisis started from his memorial. We have to note that certain vestedinterests here are trying to twist this as a fight between indigenous communities andIndian settlers, who have usurped. According to Mr.S.K.Bhutani, a retired Indiandiplomat the "land titles are coming up for review and renewal very soon and theindigenous Fijians who own land want to ensure a better deal for themselves. The landsare owned by the Fijians while those of Indian origin cultivate them. Vast tracts are undersugarcane and with Indian hands" [ The Hindu dated 1.2.2000 page 14]

This makes the position clear. From the time Bharathi penned his poem, people of Indianorigin by sheer hard work without ownership yet remaining as tenants of lands belonging

to Fiji's indigenous people, have risen in life economically. As per the Constitution of FijiArticle 51:The House of representatives has proportionate electoral representation forFijians, Indians and Rotumans. English, Fijian and Hindustani have equal status[Art;4(1)] So as per this constitution Mr.Mahendra Pal Choudry was chosen by thepeople to be the Prime Minister.

The Indian stand calling for restoration of this duly elected Government is the right step.We should also use diplomatic and other pressure to ensure that the 1997-98 Constitution

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should not be replaced by another which may disenfranchise people of Indian origin andupset the applecart.

We are not as one or two critics of our party say protecting Indian interests at the cost ofindigenous peoples interest. We want Indian origin people to be equal citizens and not

made second class citizens in the land of their living.

While Burma refugees came, India helplessly have to bear them. when plantation labourwere driven out of Ceylon, our Prime Minister Lal Bahadur Shastri went out of his wayto accept them as stateless people by signing a pact with Srimavo Bandaranaike. Bothmorally and politically India buckled under during the Kenyan (1968), Ugandan (1972)and other crisis, including human rights violations by Americans, to convey theimpression that Indians can be badly treated anywhere by anyone in the world withimpunity and without remorse writes political commentator Rajiv Dhavan [ The Hindu2.6.2000]. In our campaign yesterday much before we could read Dhavan's article, wetook the same stand. We know that when Ugandan Chief Idi Amin wanted to marry a rich

Gujarati girl, her family had to abandon all properties and run back to India. InPondicherry also we have a sugar mill which was shifted from Uganda due to these anti-Indian tirades,

When globe had shrunk into a village, while settlers from Europe and Africa getamalgamated and are rulers of the destiny of America, if people of Indian origin could bemade second class citizens and driven back by a tiny island of Fiji, what is the purpose inIndia claiming to be a nuclear super power, if it cannot verbally threaten Fiji. From May19 till yesterday, the day when India dispatched an emissary the delayed response andsilence of all with the exception of Haryana Chief Minister Om Prakash Chautala iscondemnable. Let Government hereafter be quick to defend people of Indian origin.

5 years after this campaign Dravida Peravai General Secretary N.Nandhivarman,impressed by documentaries taken by Suresh Kumar Pillai of Trikkan Image systems onthe travails of migrant labour wrote in

The New Indian Express-weekend (11.06.2005)

COOLIE FROM FRENCH INDIA TO CARIBBEAN

Jahaji Bhai is a documentary film with an Urdu title, which means brothers of the ship.These are not sailors of the same boat as the English idiom indicates but literally are

slaves taken away in the same ship. These are bonded labour taken 167 years ago in shipsto erstwhile colonies of the Caribbean region. Suresh Kumar Pillai had tried to capturetheir miseries in this documentary on a totally forgotten peoples. Why did people fromIndia go to Caribbeans? The historical necessity arrives with the abolition of slavery inthe nation ruled by white colored people. After the black race got reprieve from slavery,to work in the sugar plantations Indians from Chota Nagpur areas, mostly tribal peoplewere lured into.

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The first ship left Calcutta in February 1838 and reached Guyana on May 5 th 1838.There were 420 hill coolies, as they were called, out of which 50 are women and 10children. Many succumbed to diseases in mid way and those who reached there hadeither to perish under stress and strain within the 5-year contract period or to be killed forso called violations. In fact many ships went missing and no one was there to shed a

single drop of tear. If an Indian coolie absented for 7 days he was fined $24 dollars,which is equivalent to 6 months wages. These Indians lost their roots and culture. Whileliberated Negro slaves climbed in the social ladder, Indians filled that vacuum at the rockbottom of society. They were induced to become addicts to alcoholism. With few womenaround polyandry became the order of the day. Africans joined Europeans to suppress thebrown race. Picturing their everyday lives and showing lot of documentary proof withregard to their plight from various sources, Suresh Kumar Pillai in this documentaryrecords an unknown chapter on Indian migration. Ravi Dev, Leader of the Roar GuyanaMovement speaks for his fellow brethren and a 103 old man tries hard to recollect hisfellow passengers of the ship that carried them from India, all shown in the documentary.

While British India stopped labour supply due to awareness and campaigns, French Indiaprovided a fertile ground for hunting neo-slaves. Suresh Kumar Pillai had shot anotherdocumentary on these pathetic brethren. Songs of Malabaris is a film on cooliemigration from Pondicherry and its enclaves towards Caribbean sugar plantations. All

South Indians are called as Malabaris or Madrasis it must be remembered. The Frenchrecruited the labourers mainly from Pondicherry, Karaikal, Chandranagore and Mahe andbetween 1854 and 1920 around 50,000 Indian labourers were taken to Guadeloupe andMartinique to work as coolies. It should be stressed that only Mahakavi Bharathiarimmortalized the woes of the sugar plantation labourers in his poemkarumbuthottathile. No one else bothered about our unfortunate kinsmen.

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The Indian labourers in French colonies had to face stiff resistance from the Africansbecause the Indians had to work for paltry pittance, which freed Africans refused tocomply. Thus Indians occupied the lowest of the low position in the French Caribbeansociety and called as Cooli Malabariseor Chappa Coolies. Indian coolies were neverallowed to practice their religious faiths or to speak their native tongues on the

plantations .The labourers had to be French in every sense. This was in sharp contrast toother Dutch colony of Suriname or British colony of Trinidad and Guyana where theIndians had some amount of freedom to retain their language and culture. The film looksat the history of migration of Indians to French West Indies and their struggle to retaintheir religion and culture against the French policy of assimilation.

Suresh Kumar Pillai holds a Post Graduate Diploma in Mass Communication along withfifteen years journalistic experience in print and electronic media. Once MoreRemoved, a documentary film on 19th century migration of an Indian family from Biharand Uttar Pradesh to Caribbean for HBO Documentaries USA is another memorabledocumentary. The Song of Malabaries for Nederland based OHM media network was

telecast on Nederland National Television Channel in June 2004. Mr.Pillai alsoresearched, wrote, shot, produced and directed a three 50 minutes documentary seriesJahaji Bhai on the Indian communities in Guyana and Trinidad under own bannerTrikkan Image Systems. The film was widely circulated and telecast in several TVstations in Caribbean and India 2003

With documentaries like these screened in Dutch and French televisions to his creditSuresh Kumar Pillai has set his eyes on a sleepy village called Arikkamedu in the suburbsof Pondicherry. Arilkamedu, the site of archeological excavations, which had establishedPondicherrys connections with Roman Empire in pre-Christian era, had caught hisimagination and Pillai rented a house and is living for 6 months and more to collectartifacts for his film. In that process he wants to set up a site museum there.Mr.K.K.Chakravarthy Secretary to Union Government and Director General NationalMuseum New Delhi recently in a meeting of scholars convened by Department of Artsand Culture Government of Pondicherry expressed the desire for landscaping andrecreating the past to draw tourists to our museums. Professor Kishore K.Basa Director ofIndra Gandhi Rastriya Manav Sangrahalaya Bhopal stressed the need to promotearchaeological tourism. And Mr.Pillais dream to start a private museum to promoteArikamedu falls under the categories advised by these scholarly bureaucrats.

While working on his current dream project Mr. Suresh Kumar Pillai had done right thingto draw our attention towards the descendants of those survived Indian indenturedmigrants today who form a significant ethnic minority in the larger Black Caribbeanworld known variously as East Indians, Indo-Caribbean, West Indian Indians. The peopleof Indian origin spread across several island nations such as Trinidad &Tobago, Jamaica,Grenada, Barbados, and St. Vincent, St. Lucia and in South American countries likeGuyana and Surinam. The extraordinary cultural fusion that took place in the NewWorld, a grand meeting place of four great civilizations - Amerindians, Indians, Africansand Europeans gave birth to some unique social, cultural and religious practices whichare traditional in its content but western in its formal expressions says Suresh Kumar

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Pillai in his introductory note on the film. Film after film he has set noble tasks and theawareness he generates by such documentaries reach abroad, but he is concerned more inawakening the sleepy village of Arikkamedu which has become his home now.

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CONSTRUCTIVE STEPS

TO CONSTRUCT HISTORY OF TAMILSN.Nandhivarman General Secretary Dravida Peravai

Dravida Peravai, a political party which wants to set an example what a political party ofTamils ought to do had decided to launch a website for publishing all information aboutTamil history in one resource bank which will encompass the history of Tamil spreadacross continents inclusive of Tamil Eelam. Though we will be coordinating this effortwe appeal to scholars all over the world to come forward with research based articles toestablish our past to evaluate our present and to set the agenda for future.

The necessity to launch a history website arose when I read the book KadaikazhagaNoolhalin Kaalamum Karuthum {Period and Message of Sangam Literature 500 B.C to500 A.D] written by Dr.R.Mathivanan Former Director of Tamil Etymological

Dictionary Project of Government of Tamilnadu. In the preface to the book the learnedscholar says, Japanese have preserved their past history spanning to 2440 years, whereasEgyptians and Sumerians recall with pride their 4000 years of history. The 3000-year-oldhistory of Chinese gives them a unique place. But Tamils with 10000 year of history havenot brought it to the world arena.

In Chicago Museum a portrait depicting a Tamil climbing a Palmyra tree mentioning himas Tamil came to the notice of Aringnar Anna that was taken up with the authorities.Instead of many cultural achievements of Tamils this portrait showed Tamil in derogativemanner, and on protest the portrait was not removed but the word Tamil in the portraitwas deleted. Lamenting about lack of a Museum to depict Tamil Culture, the scholar saysthat he had relied upon the travelogues of foreigners, literary evidences thrown to light in

other languages, recent archaeological findings and the findings of historians who haveso far dealt with the History of Tamils. His book would be a compilation of all theseevidences in a nutshell, he claims. In Rasatarangini the author Kallanar had brought tolight the History of Kashmir from 1800 B.C to 1200 A.D. Like this literary evidencewhich helped to construct the History of Kashmir, in Tamil the book Nankudi VelirVaralaru comprising 1035 poems and written by Arumuga Nayinar Pillai, which waspublished in 1920 throws light on the Tamil history, the learned author claims. This bookspeaks about the family hierarchy of Irungovel, a branch of the Pandyan rulers for 201generations. This book follows the Kali calendar and narrates the history from 3100 B.Cto 1944, hence helps in fixing the date of various rulers and their rule, the author says.

Pandyan dynasty.

Pandyan Palsalai Muthukudumi Peruvazhuthi[ 66th generation]500-450 B.C

Karungai Ollvat Perum Peyar vazhuthi[67th generation]450 B.C to 400 B.C

Porval Vazhuthi[68th generation]400 B.C to 380.B.C

Korkai Vazhuthi-Nartrer Vazhuthi[69th generation]380B.C-340 B.C

Deva Pandian[70th generation] 340 B.C-302 B.C

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Seya Punjan aliasKadalul maintha Ilamperuvazhuthi[71st]302B.C-270.B.C

Pasum Poon Pandyan[72ndgeneration]270.B.C 245.B.C

Ollaiyur thantha Boothapandian[73rd generation]245 B.C-220 B.C

Pandyan Nanmaran[74th generation]220 B.C-200 B.C

Nedunchezhian alias Kadalan vazhithi[75th generation]200B.C-180 B.C

Marungai Vazhuthi[76th generation] 180 B.C-160 B.C

Pandyan Uthaman alias Puliman vazhuthi[77th ]160B.C-150 B.C

Pandyan Keeran Sathan[78th generation]150 B.C-140 B.C

Kaliman Vazhuthi alias Andar magan Kuruvazhuthi[79th ]140-120 B.C

Pandyan Yenathi @Nedunkannan [80th ]120 B.C-100 B.C

Korkai Vazhuthi@ Irandam Pasum Poon Pandyan[81st ]100-87 B.C

Deva Pootanan@ Ilavanthikai palli tunjiya Nanmaran[82nd]87-62 B.C

Thalayanankanathu Cheru Vendra Nedunchezhian[83rd

]62-42 B.CKanapereyil kadantha Ukkira Peruvazhuthi[84th ]42 B.C-1 A.D

Pandyan Arivudainambi {Purananooru 184][85th ]A.D 1- 30 A.D

Velliyambalathu tunjiya PeruVazhuthi[86th ]30 A.D-60 A.D

Ariyapadai Kadantha Nedunchezhian [87th ]60 A.D-117 A.D

Vetriver Chezhian [88th generation] 117 A.D-160 A.D.

Nedunchezhian II [89th generation]160 A.D 198 A.D

Ukkira Maran@ Chitramadathu tunjiya Nanmaran[90th ]198 A.D-220 A.D

Pannadu thantha Maran Vazhuthi[91st

] 220A.D-250 A.DKoddakarathu tunjiya Maranvazhuthi[92nd]250 A.D-270 A.D

Thennavan Ko [93rd generation] 270 A.D-297 A.D

Parakirama Bahu @ Nalvazhuthi[ 94th generation 298A.D -310 A.D

Kaliyan Koothan [ 95th generation].

Kadalan Vazhuthi [ of Kazhugumalai inscriptions] [96th generation

Porkai Pandyan [98th generation]..

Pandyan Kadunkhon [103rd generation] 475 A.D-490 A.D

Ukkira Pandyan [103

rd

generation] 498 A.DSomasundara Pandyan [105th generation] 498 A.D-540 A.D.

113 year Pact between Three Tamil Emperors

The Nandhas who ruled North India had fraternal relationship with Three TamilEmperors but the Mauryas who followed them invaded South India. ImayavarambanNeduncheralathan marched up to Himalayas and inscribed his country symbol, whichcould not assimilated by the Mauryas who came to Chera country as act of revenge. But

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Dr.Mathivanan had undertaken a thankless job. We would urge Tamils all over the worldto buy the book Kadaikkazha NoolhalinKaalamum Karuthum published by ThilagamPathipagam 17 E, B-1, 12. K.K.Ponnurangam Salai, Omsakthinagar, Valasaravakkam,Chennai 600087 Tel:044-24861007 or contact the author at: [email protected] Cell:9283217788.

Basing the Tamil epic Perumkathai, a historical note is hidden in the poem414 ofNarkudi Vellalar Varalaru. It says in B.C 701 a Tamil King Udayanan defeated theAryans and ruled North India. If he had continued to rule or if he had not succumbed tothe submissive Aryan pretenders, The Gupta rule could not have come up, the appendixof the book states. Well our scholars will fight like street dogs for centuries instead offixing the period of Tamil epics or Tamil Kings. It is within the genes of Tamils not toaccept another Tamil as scholar. If a white skinned scholar tells all will fall in line. Thismentality must go. Nothing wrong in debating but not debating beyond centuries. In 1921Maraimalai Adigal established that Tamils must follow Thiruvalluvar Calendar alone.But we still follow the Sanskritized Tamil Calendar. This is a curse on Tamils. We are forchanging this mentality to usher in Tamil unity. But suddenly an NGO of Chennai called

us traitors of Eelam cause. Let dogs bark but the sun will rise. Let us hail the new dawnof Tamil unity. Let us join hands to reconstruct Tamil history.
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