House passes resolution to divide Uttar Pradesh

State assembly adjourned amid pandemonium

New Delhi: The Uttar Pradesh state legislative assembly yesterday passed a resolution seeking division of the state into four smaller states amid pandemonium and slogan shouting.

The resolution for creation of new states, namely Purvanchal Pradesh, Pashchim Pradesh, Awadh Pradesh and Bundelkhand was passed by voice vote while the opposition was shouting slogans seeking discussion on their no- confidence motion in the Mayawati government.

The House was adjourned sine die with adoption of vote on account for the first three months of the new financial year starting April and what was supposed to be the two-day special session of the assembly ended within minutes, thwarting the opposition move to grill the Mayawati government on various issues. "The resolution to divide the state has been passed. This is not a political move by BSP [state's ruling Bahujan Samaj Party]. We took this step after the Central Government did not take any action on our proposal. The Uttar Pradesh assembly has fulfilled its duty with regards to splitting of Uttar Pradesh for the benefit of the state," Chief Minister Mayawati said while addressing a press conference in the state capital Lucknow.

According to indications, yesterday's could have been the last session of the current assembly since there are suggestions that Mayawati could recommend dissolution of the assembly so that fresh elections are held earlier than the scheduled polls in April-May next year.

Uttar Pradesh was earlier divided in 2000 when Uttaranchal, now called Uttarakhand, was carved out of it.

What next?

• Resolution seeking division of Uttar Pradesh does not lead to creation of four states. It is the prerogative of the federal government.
• The resolution will now go to the federal government to be placed before the federal cabinet. The cabinet has the right to either reject or approve it. Once approved, the resolution will be placed before Parliament.
• The resolution must be passed by both Lok Sabha and Rajya Sabha with two-thirds majority.
• Once adopted by Parliament, it goes for President's approval.
• The entire process may take many months and the new Uttar Pradesh assembly after elections has the right to recall the resolution.
• Uttar Pradesh abbreviation U.P. (Hindi: उत्तर प्रदेश, Urdu: اتر پردیش, pronounced [ˈʊt̪t̪ər prəˈd̪eːʃ] ( listen), "Northern Province"), (formerly: United Provinces;Hindi: यूनाईटेड प्रोविन्सेस, Urdu: یونائیٹڈ پروونس) is a state located in the northern part of India. With a population of over 200 million people,^[2] it is India'smost populous state,^{[citation needed]} as well as the world's most populous sub-national entity.^{[citation needed]} Were it a nation in its own right, Uttar Pradesh would be the world's fifth most populous country ahead of Brazil, a country thirty-five times larger in territorial area.^{[citation needed]} Uttar Pradesh is the second largest state-economy in India contributing 8.34% to India's total GDP in the financial year 2010.^{[citation needed]}
  With an area of 93,933 sq mi (243,290 km²), Uttar Pradesh covers a large part of the highly fertile and densely populated upper Gangetic plain. It shares an international border with Nepal to the north along with the Indian state of Uttarakhand, Himachal Pradesh to the north-west, Haryana, Delhiand Rajasthan on the west, Madhya Pradesh on the south, Chhattisgarh and Jharkhand on the south east and Bihar on the east. The administrative and legislative capital of Uttar Pradesh is Lucknow and the industrial capital is Kanpur. The state's high court is based at Allahabad with a bench in state capital Lucknow. It is home to many historical cities, including Allahabad, Varanasi, Kanpur, Lucknow, Agra and Meerut. Kanpur was its largest city but now in 2011 Lucknow has pipped Kanpur and become the largest city in Uttar Pradesh as well as second largest and most modern beautiful city after Delhi in North/Central part of India.; other important cities are Jhansi, Varanasi, Allahabad, Gorakhpur, Meerut, Agra, Aligarh, Bareilly,Ghaziabad, Muzaffarnagar, and Noida.
  Uttar Pradesh has a very vital place in the culture of India; it is the birthplace of Hinduism and admirer of its derived Vedic, Jainism, Buddhism andSikhism beliefs, UP has been the ancient seat of Hindu religion, learning and culture, and has many important sites of Hindu pilgrimage. The State also has several sites important to Buddhism: the Chaukhandi Stupa marks the spot where Buddha met his first disciples, while the Dhamek Stupa inSarnath commemorates Buddha's first sermon. Also the town of Kushinagar is where Gautama Buddha died.
  Throughout its history, the region of Uttar Pradesh was sometimes divided between smaller kingdoms and at other times formed an important part of larger empires that arose on its east or west, including the Magadha, Nanda, Mauryan, Sunga, Kushan, Gupta, Gurjara, Rashtrakuta, Pala and Mughalempires.
  The Indo-Gangetic plain, that spans most of the state, is also the birth place of the Indo-Islamic syncretic culture of the medieval period. It holds much of the heritage of the Mughal Empire, including the world famous mausoleum Taj Mahal built by Shah Jehan, the magnificent tomb of Mughal EmperorAkbar the Great in Agra and Akbar's capital-palace in Fatehpur Sikri. It was a centre of nationalism during the British colonial period and has continued to play a prominent role in Indian political and cultural movements. The state has a rich heritage of traditional crafts and cottage industries of various types that employ highly skilled craftsmen and artisans.
  Hindus constitute 80% and its derived Sikhs, Jains and Buddhists constitute 1.5% of the population in the state. Islam is practised by about 18% of the population while the remaining 2% is made up of Christians as well as tribal religious groups.

Advani’s rallies have failed to enthuse party men

Dehradun
BOTH major political parties, ruling Bharatiya Janata Party (BJP) and the opposition Congress, started their election campaign for the forthcoming Assembly elections through high-pitched rallies this month. While, the Congress through laying of the foundation stone of the Rishikesh-Karanprayag railway line at Gauchar in the Garhwal Himalayas tried to woo voters on November 9, the ruling BJP tried to mobilise public opinion through the “Jan Chetna Yatra” of veteran BJP leader Lal Krishan Advani from November 17 to 19.
State Congress leaders, particularly Pauri Garhwal MP Satpal Maharaj taking the credit of getting the vital railway project in the Garhwal Himalayas, wanted to use the function of laying of the foundation stone of the project for a massive show of strength to kickstart the party’s election campaign in Garhwal.
A large number of people from the entire Garhwal region were mobilised for the rally to be addressed on the occasion by Congress president Sonia Gandhi. However, the general public as well as the state Congress leaders were disappointed as Sonia Gandhi failed to keep date with Uttarakhand due to health reasons.
But still, the Congress managed to portray the railway project as a major developmental project for seeking votes much to the chagrin of the ruling BJP. There was a lot of mudsling, accusations and counter-accusations between the leaders of both parties on the issue.
Uttarakhand Chief Minister BC Khanduri took exception to Sonia Gandhi laying the foundation stone of a national project and complained to the Prime Minister for not being invited for the programme. On the other hand, the Congress leaders said the Chief Minister was invited by the Union Railway Ministry, but he decided to skip the function citing prior engagements in connection with the foundation day celebrations of the state on November 9.
There were claims and counter-claims about getting the project sanctioned. The BJP leaders were visibly shaken due to the political mileage that the Congress was likely to get for the railway project. On completion, it will change the socio-economic situation of the Garhwal region.
The ruling BJP leaders started preparing for the “Jan Chetna Yatra” of LK Advani on the issue of corruption and bringing back black money stashed in foreign banks. But the three-day yatra by the senior most BJP leader of the country failed to enthuse BJP cadres in the state. It seemed that the party leaders did not plan the visit of Advani well.
The timings of the rallies to be addressed by Advani at Dehradun and Haldwani, the two major cities of the Garhwal and Kumoan regions, were ill-timed. Entering from Himachal Pradesh late in the evening, Advani could reach Dehradun after 7.30 pm and his address went beyond 8.30 pm. There were only a few thousand people listening to him as most of the chairs were empty.

The next rally at Haridwar held the next morning also witnessed not more than 7,000 people. His address at a rally held at Haldwani town the next day could start at 9.15 pm. The party planners failed to take into consideration the cold weather conditions and planned his rallies late in the evenings. According to party insiders, the feud between Chief Minister Khanduri and former Chief Minister Ramesh Pokhriyal Nishank was also evident during these rallies. The lacklustre response of the people of the state to the senior most BJP leader must be a cause for worry for the party leadership in the state that has to face the electorates in February. Many believe that people already annoyed with rampant corruption at all levels in Uttarakhand were not keen to listen to the sermonsing by senior BJP leader leaders.

BJP banks on Lokayukta Act

The Lokayukta Bill passed by the Uttarakhand Assembly has generated a lot of heat. The Bill brought by Uttarakhand Chief Minister Khanduri was inspired by Team Anna which also helped the state government to draft the Bill. Khanduri in a hurry got the Bill passed in a day. Interestingly, the opposition Congress and other political parties supported the Bill which was passed unanimously. But the civil society and intellectuals found holes in the Bill. They argued that the mandatory unanimity amongst members of the Lokayukta before taking action against any senior bureaucrats and politicians was not practical. They argued that it should have been by a majority vote rather than by unanimity. There were many more issues that infringed upon the Central laws as per experts. But the BJP which has been embroiled in many controversies and charges of corruption in the past four years now under the leadership of Khanduri wanted to portray the Bill as a political weapon to win the Assembly elections.

Congress legislators argue that they supported the Bill in the Assembly as they did not want to fall in the trap laid by Khanduri by opposing the Bill and being labeled as standing against any anti-corruption law.

Now the association of IAS officers has also come out open with their reservations about the Bill. Many believe that the Jan Lokpal Bill being introduced in Parliament by the United Progressive Alliance (UPA) government will also have provision for model Lokayuktas in the state.

However, the state BJP leadership firmly believe that the steps taken by Chief Minister Khanduri, including getting the Lokayukta Bill passed, will help them reap benefits in the forthcoming Assembly poll.

Sikhs can carry kirpans to London Olympics

SIKHS worldwide have been reassured that they will be allowed to take their kirpans into London’s Olympics venues next summer.

Carrying kirpans has been a controversial security issue, but an Olympics official said over the week-end that a multi-faith policy was in operation and that the aim was to make the Games as widely accessible as possible.

In a concession to security concerns, other officials say Sikhs who wished to carry their kirpans to various sporting sites might also have to prove they were fully observant by displaying the remaining four “Ks” of their faith, “kara”, “kesh”, “kanga” and “kachchaira”.

The issue of the kirpan was first raised last March by the UK-based Sikh Federation which contacted Lord Coe, the head of the London Organising Committee for the Olympic Games, inviting him to speak to members.

In his response, Lord Coe said, “Thank you for your letter and kind invitation to speak to the Sikh community. I am grateful for the invitation and I would love to be able to help, but sadly I have immovable London 2012 commitments on Tuesday March 22.

“However, on the issue of kirpan, we have been very clear. At Games-time, small symbolic ceremonial daggers (an article of faith with a maximum blade length of 3 inches) carried for religious reasons will be allowed. We have worked closely with the Sikh Community and the Metropolitan Police on our plans in this area, and published this statement on our website and I would appreciate your help in communicating this to your federation.

“The Sikh community has played a major role from the outset of the bid to host the London 2012 Olympics and Paralympic Games in London. For three years now, LOCOG has worked closely with the Sikh community representatives on our Faith Reference Group, our forum to discuss and agree our approach to faith-related issues.

“I look forward to that group continuing its work over the next 18 months.” Lord Coe’s comment at the time was seen as an informal acknowledgement of the Sikh community’s active role in lobbying for London rather than Paris to be chosen as the site for the 2012 Olympics. The Sikhs rejected Paris because of the French Government’s policy to ban the carrying of religious symbols in public places.
In a further concession to Sikh visitors and participants, the London Olympics organisers are understood to have agreed that the length of the kirpan blade is irrelevant, so long as the sheath is no longer than six inches.
A spokesman for the London Organising Committee of the Olympic Games and Paralympic Games (LOCOG) told The Tribune, “It has been agreed that the kirpan can be brought in by spectators, athletes and workforce alike as long as the length of the sheath (not including the hilt) is no longer than 6 inches.
“The policy has been set by the LOCOG security team, which liaised with wider stakeholders, and is part of our multi-faith approach. The kirpan will be presented at security, but it will not be unsheathed. Wearing the kirpan alongside other articles of faith is both an everyday occurrence for the Sikhs and an important part of observing their faith.”
Asked if Muslim women athletes would be allowed to wear the hijab during the Games, the spokesman responded, “Spectators and athletes are allowed to wear hijabs in the Olympic Park and 2012 venues. The issue of athletes being allowed to wear hijabs when competing is a matter for the respective international sporting federations.”

MATTER OF FAITH

• The sheath shouldn’t be longer than 6 inches
• The person carrying the “kirpan” will have to display the remaining 4 “Ks” of his faith, namely “kara”, “kesh”, “kanga” and “kachchaira”
• The kirpan will be presented at security, but it will not be unsheathed.

UP Assembly passes resolution to divide state into four parts

LUCKNOW: The Uttar Pradesh Assembly on Monday passed a resolution seeking to divide the state into four parts. The resolution was passed with a voice vote. The UP Assembly was adjourned sine die immediately after the passage of the resolution, seeking to divide the sate. Earlier in the day, the Assembly was adjourned for an hour amid uproar created by SP, BJP and Congress MLAs over no-confidence motion and resolution on the division of UP. Contrary to constitutional norms, Chief minister Mayawati was not present at the start of the session. 

Ishrat Jahan encounter was fake, SIT tells Gujarat HC

AHMEDABAD: In a setback to the Narender Modi government, the Special Investigation Team (SIT) probing the 2004 Ishrat Jahan case has concluded that the college girl was killed in a fake encounter, prompting the Gujarat High Court to order a fresh FIR against accused policemen in the case.

The SIT in its report said Ishrat and three others were killed prior to the encounter date of June 15, 2004.

A division bench of Justice Jayant Patel and Justice Abhilasha Kumari ordered that a separate FIR under Section 302 (punishment for murder) should be filed in the police station concerned against those police officers who were involved in the shootout.

The SIT had submitted its final report in the High Court regarding their findings on the encounter on November 18.

The court is at present considering which central agency—the CBI or the NIA—can probe the case after the second FIR will be filed and it has sought suggestions from the petitioners and the state government.

The court said, "The probe agency would need to find out who played the key role in the encounter, what was the motive and what was the actual time of the death of the four people".

The SIT team, which investigated the case, is headed by R.R. Verma, while the other two members of the team are IPS officer, Mohan Jha and Satish Verma.

Ishrat, a 19-year-old college girl, along with Javed Sheikh, alias Pranesh Pillai, Amjad Ali Rana and Zeeshan Johar, was killed in a shootout by Ahmedabad Crime Branch on June 15, 2004.

Crime Branch had then claimed the four were LeT members and were on a mission to kill Chief Minister Modi.

All gram sabha meetings to be videographed

New Delhi, November 20

For the first time in the history of panchayati raj in India, the government is planning to bring statutory provisions to mandate videography of gram sabha meetings and scheduling of these meetings at predetermined dates, to be communicated to villagers in advance.

The Ministry of Panchayati Raj in seeking legal advice to see how these provisions can be brought into the statute and made mandatory for states to implement. The government said it could also go for a constitutional amendment to realise these goals.

“We are finding ways to make it mandatory for states to have gram sabha meetings at predetermined dates and videograph such meetings. We have received several complaints regarding contrived resolutions being passed in gram sabhas with respect to land related issues and diversion of land from forest to non forest use. We must end corruption at that level as gram sabhas are the foundations of our panchayati system,” Kishore Chandra Deo, Panchayati Raj Minister told The Tribune in a exclusive interview.

He said the government could go in for changes to the 73rd Constitutional Amendment if required. “We will see if we need a constitutional amendment or whether we can mandate these provisions through rules under the existing statutes,” Deo said.

Another major move in the pipeline is an amendment to the Panchayat Extension to the Scheduled Areas Act (PESA), 1996 wherein gram sabhas simply need to be consulted in respect of diversion of forest land for non-forest use and other critical issues.

“Mere consultation won’t ensure justice. We will amend PESA to make it mandatory for states and interested private parties to seek the consent of gram sabhas for such diversion. We have also noticed that for matters, especially land related matters under PESA, most states are treating village as the unit whereas that’s not legal. We will clarify under the Act that every state, for all purposes under PESA, must treat gram sabhas and not villages as the principal unit. When village is treated as the unit, a vast section of stakeholders automatically get excluded from discussions,” the minister said.

Regarding the need to fix dates for gram sabha meetings, Deo said, “We will mandate meetings of gram sabhas once in every quarter. Right now these meetings take place twice a year.

The need to fix dates can’t be overstated. In areas with difficult terrains, especially scheduled areas, communication is a huge challenge. Most people can’t attend meetings because they don’t know when the meeting is held. We will make statutory provisions and ask state governments to fix dates and days for gram sabha meetings and announce these before hand to ensure villagers’ participation. For instance, they can choose the first Sunday of every month for a meeting,” Deo explained.
He justified the government’s proposal to video record gram sabha meetings. “We need to know what goes on. We have encountered several instances of gram sabha resolutions being contrived against the will of villagers. That has to end. Rights of villagers especially those in tribal scheduled areas have to be protected,” Deo said.

SAVING FROM EXPLOITATION

• PESA Act seeks to preserve the tribal population from exploitation with active involvement of the Gram Sabha.
• Under the Constitution, Gram Sabha is to be involved in approval of development plans, land availability and rehabilitation of displaced persons. It has control of land, forest and water.