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#India – Faking Happiness is forced to Present the ‘ VEDANTA ANTHEM” #HipHop #mustshare

Kamayani for FAKING HAPPINESS CAMPAIGN

 

 

An Indo-German collaboration with production by the talented DJ BC from Germany and the lyrics and vocals by A-List from India. A List is a raptivist and a member of Faking Happiness campaign. This track is a quick freestyle in response to Vedanta trying to salvage it’s reputation by sponsoring , NDTV‘S ”  Our Girls Our Pride ” , a  PR Exercise and a desperate attempt to salvage themselevs after they were kicked out  by the Gramsabhas and after attempting to exploit the Dongria Kondh  tribal community in Odhisa for the Niyamgiri Hills.

 

Pic- courtesy Down to Earth

It has been learnt that Mining Giant Vedanta, is shitting  in their pants after  their exposure by  Faking Happiness: Activists Strike Back at Vedanta Ad Campaign, which was such a huge set back. Recently , after they were Kicked out in a Match of 12-0, by the Dongria Kondh ,  tribal of Odisha, they have once again planned a Corporate social responsibility ( CSR)  campaign, called ‘Our Girls our pride and once again, we are back with a   BANG.

 

Our two petitions  to NDTV and Priyanka Chopra haS crossed the 2500 mark, do sign if you have not so far, if you have not  ?

NDTV WITHDRAW VEDANTA

and

PRIYANKA CHOPRA WITHDRAW AS AMABASSADOR

 

Faking Happiness also  sent birthday wishes wishes Happy Birthday Dr Prannoy Roy – Withdraw Vedanta #ourgirlsourpride

So, Now Vedanta, CSR initiative is in a soup , as many  Craetive Faces with Political Voices, join Faking Happiness Anti Vedanta Campaign , and the voices are increasing every day

Hence, what they did ?

 They kidnapped, our very own , Ashwini Mishra aka A-list while he was  recording at his studio, and  coerced him to  to sing the ‘ VEDANTA ANTHEM “, they wanted to tell world that…… they will not take their defeat down and here are the lyrics—-

We are Vedanta, everywhere that we go,
Faking Happiness, you know how we roll,
We are Vedanta, everywhere that we go,
Faking Happiness, you know how we roll,
That’s right, this is the Vedanta anthem,
All the corporate greedy people chant them,
That’s right, this the Vedanta anthem,
All the corporate greedy people anthem,
That’s right, let’s go ahead and do this,
We thought we’d put our corporate greed to some music,
And tell you exactly where we come from,
Come on man, this is not a protest, this not a dumb song,
You see we kidnapped A-List, he’s in the back,
So Vedanta rep could come here and rap,
And tell you the truth,
That is the youth,
That needs to understand this is so much more than booth,
SO,
Listen to this, let the world know,
Matter of fact, for the girls though,
Let’s really talk about ‘coz the world dies,
When we build a mine, but we do the girl child,
We do a program for them on NDTV,
And now look, all these emcees be free,
But they never really talk about what we do,
“Coz corporate sponsorship taken, BOOM!
Now what you gonna do, what you gonna say,
‘Coz we do this like every single day,
Exploiting poor people like it is fun,
Actually it is when that shit has done

This is Vedanta and this is our anthem,
All the corporate greedy people chant them,
This is Vedanta and this is our anthem,
All the corporate greedy people chant them

That’s right, ain’t this a crazy world,
We are evil but we got Desi Girl,
That’s right, we got Priyanka Chopra to endorse us,
Now we got all kinds of endorsements,
All sorts of people saying that it’s cool,
What they did in the past, but they sent kids to school,
But hear the truth, we didn’t send anyone though,
That’s right, and that’s how we get through the flow,
That’s right, yo, this is such a crappy fest,
We make an art form out of  faking happiness,
And that’s us, that’s the Vedanta anthem,
All the corporate greedy people chant them,
And yo, you know Niyamgiri’s ill,
And we will come back, we will take Niyamgiri Hill,
And all the tribal people who had opposed us,
Come on man, you had proposed us
To be gone, but we will be back,
And when we come, we will come, we will be wrath,
We will buy over the police and the army,
That’s right, I’m rich, tell me who’ll harm me,

Vedanta Signing Out.


SO WHATS THE BACKGROUND OF VEDANTA AND WHY YOU SHOULD BE BOTHERED ?

BACKGROUND

Niyamgiri hills, home to 8,000-odd Dongria Kondhs, tribal group, a few hundred Kutia Kondhs and other forest-dwellers who eke out a living cultivating pulses, paddy and collecting naturally-grown horticultural crops, is considered sacred by the indigenous tribes and others as it is the abode of Niyamraja – their presiding deity.

Ministry of Environment and Forests (MoEF) had rejected (Stage-II /final approval) Forest Clearance on 24.8.2010 for the Bauxite mining on the basis of issues outlined by the Forest Advisory Committee which stated that ‘the Primitive Tribal Groups were not consulted in the process of seeking project clearance and also noticed the violation of the provisions of Forest Rights Act, the Forest (Conservation) Act, 1980, Environmental Protection Act, 1986 and also the impact on ecological and biodiversity values of the Niyamgiri hills upon which the Dongaria Kondh and Kutia Kondh depend’ and the detailed report of Naresh Sexana Committee specially appointed to look into the issue. This MoEF Order was challenged in a petition at the Supreme Court of India by Orissa Mining Corporation.

The Supreme Court of India had decided on 18 April 2013 that if Bauxite Mining Project of Vedanta affects the religious right of Schedule Tribes and other Traditional Forest Dwellers like Dongaria Kondh, Kutia Kandha and others over the Niyamgiri hills in Odisha ‘right has to be preserved and protected’. The Court has left it to the Gram Sabhas to decide if such right is affected by the proposed mine.cts.

In India  first time an environmental referendum was conducted on a directive by the Supreme Court to find out whether mining in Niyamgiri will tantamount to an infringement of the religious, cultural, community and individual rights of local forest-dwellers. During July-August this year, 12 gram sabhas, selected by the Odisha government for the referendum on mining in Niyamgiri hills, had rejected the proposal. The tribal villages, located on the hill slopes, are part of Rayagada and Kalahandi districts.

image

1.   The first  village council  was held at Serakpadi village of Raygada district.  In the sabha 36 out of 38 voters in the first Palli Sabha in Niyamgiri have voted against mining in Niyamgiri.

2.T he second, three hour long ,  village council meeting at Kesarpadi in Rayagada district-, in which -Thirty-three of 36 eligible voters , including all 23 women, voted against bauxite mining……At the three-hour-long sabha, 33 of 36 adult voters from Kesarpadi  unanimously adopted a resolution as per the Forest Rights Act, conveying their opposition to mining in the Niyamgiri hills.

3  The third village council meeting was held in a non -tribal forest hamlet of Tadijhola, which is imporant note also  unanimously rejected proposed bauxite mining in the Niyamgiri hills t.Nineteen of the 22 voters in the village were present  including eighty-seven year old Sugri Gouda. Hard of hearing and barely able to stand on her own, she insisted on signing the resolution before leaving the meeting venue. Three bare words she uttered drew a cheer from those present: “Niyamgiri dibu nai” (won’t give up Niyamgiri). Gauda was the also most sought after by media, with a slew of video cameras following her fragile steps as a family member walked her home.

4.  The villagers of Kunakeda, a Dongaria Kondh village in Kalahandi district, today unanimously rejected the proposal for mining in Niyamgir..All 21 out of 22 voters, who attended the meeting, voiced their opposition to Vedanta .

5  The 5th village coucil meeting w s held at Palberi, where .Fifteen of the 16 adult voters from the forest village were in attendance. and voted out vedanta.

 

6 The sixth Pali sabha , Batudi rejected settlement of community forest claims in Niyamgiri ,  31 among 40 voters from the hamlet in attendance, also rejected a joint verification report to settle community and religious rights to the forests granted under the Forest Rights Act of 2006.

7  The seventh village council , Phuldumer – again voted unanimously to reject Vedanta’s mine.—49 of the 65 listed voters were present to voice their opinion, in the meeting.

8  Ijurupa  village council meeting was a CLASSIC ,  where there is just a famiily, and the  four  members of te family nailed down a 72 MT mining proposalvillage in Kalahandi district, Odisha

9   At Lamba ninth pallisabha ,Braving intermittent rain, the 38 voters in the remote village, ousted Vedanta

10.The largest village council fo 12 villages , Lakhpadar village under Kalyansinghpur of Rayagada district located on the slopes of Niyamgiri, the 97 Dongaria Kondhs present in the pallisabha unanimously rejected the proposal to mine the hills for bauxite.

11. Khambasi village in Rayagada district , was the  the eleventh palli sabha , which  also unanimously opposed Vedanta

12-   On August 19th In Jerapa, 16 out of 26 voters, including 10 women, gathered at the final Palli Sabha on Niyamgiri. Under heavy police presence, and in heavy rain, they repeated the statements given in previous meetings – that they opposed the mine and would not leave the mountain no matter what. The twelve voters said they were ready to face bullets to prevent the digging of their sacred mountain.

On August 19th, NDTV and VEDANTA LAUNCHED the ‘ our girls our pride’ campaign. Coincidence ?

 

While our friends at  FOIL VEDANTA protested on the streets of london , On August 1st at the AGM  of Vedanta , When asked about Lanjigarh refinery and the scandal that is the attempted Niyamgiri mine, Anil Aggarwal ,  responded with a dreamy speech about believing that Niyamgiri was meant for Vedanta. he talked about hearing about Kalahandi as a child – a ‘black spot’ on India, and its ‘poorest poorest place’, and how he’d always wanted to do something about it. He said:

“We took courage to go there, no road even or bridge, it was all isolated, we created infrastructure, 7000 got work, not a blade of grass was moved in Niyamgiri .”

DOWNLOAD FULL PROCEEDINGS HERE

 

JOIN US – FAKING HAPPINESS

 

 

 

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Peter Buffet – Is Charity nothing more than ‘Conscience Laundering ‘ ? #CSR

By PETER BUFFETT

The Charitable Industrial Complex

Published: July 26, 2013, NYT

I HAD spent much of my life writing music for commercials, film and television and knew little about the world of philanthropy as practiced by the very wealthy until what I call the big bang happened in 2006. That year, my father, Warren Buffett, made good on his commitment to give nearly all of his accumulated wealth back to society. In addition to making several large donations, he added generously to the three foundations that my parents had created years earlier, one for each of their children to run.

Early on in our philanthropic journey, my wife and I became aware of something I started to call Philanthropic Colonialism. I noticed that a donor had the urge to “save the day” in some fashion. People (including me) who had very little knowledge of a particular place would think that they could solve a local problem. Whether it involved farming methods, education practices, job training or business development, over and over I would hear people discuss transplanting what worked in one setting directly into another with little regard for culture, geography or societal norms.

Often the results of our decisions had unintended consequences; distributing condoms to stop the spread of AIDS in a brothel area ended up creating a higher price for unprotected sex.

But now I think something even more damaging is going on.

Because of who my father is, I’ve been able to occupy some seats I never expected to sit in. Inside any important philanthropy meeting, you witness heads of state meeting with investment managers and corporate leaders. All are searching for answers with their right hand to problems that others in the room have created with their left. There are plenty of statistics that tell us that inequality is continually rising. At the same time, according to the Urban Institute, the nonprofit sector has been steadily growing. Between 2001 and 2011, the number of nonprofits increased 25 percent. Their growth rate now exceeds that of both the business and government sectors. It’s a massive business, with approximately $316 billion given away in 2012 in the United States alone and more than 9.4 million employed.

Philanthropy has become the “it” vehicle to level the playing field and has generated a growing number of gatherings, workshops and affinity groups.

As more lives and communities are destroyed by the system that creates vast amounts of wealth for the few, the more heroic it sounds to “give back.” It’s what I would call “conscience laundering” — feeling better about accumulating more than any one person could possibly need to live on by sprinkling a little around as an act of charity.

But this just keeps the existing structure of inequality in place. The rich sleep better at night, while others get just enough to keep the pot from boiling over. Nearly every time someone feels better by doing good, on the other side of the world (or street), someone else is further locked into a system that will not allow the true flourishing of his or her nature or the opportunity to live a joyful and fulfilled life.

And with more business-minded folks getting into the act, business principles are trumpeted as an important element to add to the philanthropic sector. I now hear people ask, “what’s the R.O.I.?” when it comes to alleviating human suffering, as if return on investment were the only measure of success. Microlending and financial literacy (now I’m going to upset people who are wonderful folks and a few dear friends) — what is this really about? People will certainly learn how to integrate into our system of debt and repayment with interest. People will rise above making $2 a day to enter our world of goods and services so they can buy more. But doesn’t all this just feed the beast?

I’m really not calling for an end to capitalism; I’m calling for humanism.

Often I hear people say, “if only they had what we have” (clean water, access to health products and free markets, better education, safer living conditions). Yes, these are all important. But no “charitable” (I hate that word) intervention can solve any of these issues. It can only kick the can down the road.

My wife and I know we don’t have the answers, but we do know how to listen. As we learn, we will continue to support conditions for systemic change.

It’s time for a new operating system. Not a 2.0 or a 3.0, but something built from the ground up. New code.

What we have is a crisis of imagination. Albert Einstein said that you cannot solve a problem with the same mind-set that created it. Foundation dollars should be the best “risk capital” out there.

There are people working hard at showing examples of other ways to live in a functioning society that truly creates greater prosperity for all (and I don’t mean more people getting to have more stuff).

Money should be spent trying out concepts that shatter current structures and systems that have turned much of the world into one vast market. Is progress really Wi-Fi on every street corner? No. It’s when no 13-year-old girl on the planet gets sold for sex. But as long as most folks are patting themselves on the back for charitable acts, we’ve got a perpetual poverty machine.

It’s an old story; we really need a new one.

Peter Buffett is a composer and a chairman of the NoVo Foundation.

 

Cenk talks to Peter Buffett, composer and son of Warren Buffett about his philanthropic work and the problems with corporate charity. “Who in their right mind is going to get up in the morning and hope that they’re going to lose their job?” Buffett asks. “In fact, that’s what everybody working in any foundation should hope for… they [shouldn’t] want to have to get up tomorrow and solve the problem they’re trying to solve today. That’s just not the case. This is big business… nobody really wants to stop doing this.

Watch the video here –http://current.com/shows/the-young-turks/videos/cenk-talks-to-peter-buffett-about-philanthropy-and-creating-conditions-for-change

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Times of India #ILeadIndia #CSR #PR campaign is actually #ImisleadIndia

kama3F

PICTURE COURTESY- FACEBOOK GROUP– I MISLEAD INDIA  https://www.facebook.com/IMisleadIndia 

Editor
Times of India
Subject- I lead India Campaign

Sir,

Times of India  launched the ‘ I lead India ‘ campaign, with great fan fare on May 22, 2013 and which you claim that at a time when Indians are filled with negativity and pessimism, this initiative presents an alternative that goes beyond armchair criticism. It goes Beyond demonstrations and appeals, it urges you to stop pointing fingers and blaming others. According to you, ‘I Lead India’ is a clarion call which seeks to drive change too, but at the grass-root level, in 26 cities of India .
I am sorry I can’t say congratulations !
What a noble intention but do you know ? you have actually started on a wrong foot, by having Maruti Suzuki as your partner , a perpetrator of human rights violations, against its own workers. The workers have been thrown into prison ,, families thrown into trauma, grim future: the sacked Maruti labourers are still harried.
How can a newspaper of national repute like Times of  India, let such a company, which is notorious for suppression of workers democratic right of protest, sponsor the I Lead India Campaign. How can a company which unfairly fires and harasses workers has become a harbinger of change?
The Maruti Suzuki Workers are facing the most brutal repression by the government , although workers have adopted democratic and peaceful means available to demand the release of arrested 147 workers, withdrawal of and reinstatement of terminated 546 permanent and 1800 contract workers, the government has only responded with force and malice and in collusion with the Maruti Suzuki company management.
The Background


Maruti workers had applied to register a new union, independent of the company’s management, on November 4, 2011. The union was registered on February 29, 2012.to  represent over 2500 Maruti workers who went on strike three times last year demanding a union and improvements in their conditions of work.

The struggle in Maruti Suzuki India Ltd , Manesar started with workers demanded their constituional rights for legitimate trade union , they raised their voices demanding abolition of the contract workers system, and have raised their voice for dignified employment against the exploitative Maruti Suzuki Management. For this, they have been targeted and attacked by the management. The government, instead of assuring the rights of workers, has only acted in favour of the anti-worker interests of the company. It is letting loose a reign of terror and police and administrative repression on workers and their supporters.

On 18th July 2012, a supervisor in factory abused and made casteist comment against a dalit worker of the permanent category, which was legitimately protested by the worker. The worker was suspended and no action was taken against the supervisor. This resulted in a protest by the factory workers. The management stooped to the level of arranging 100 bouncers to fight workers , and they were joined by 4000 police force men, the councers and cops were in hand in glove . Some of the factory workers were critically injured and taken to the hospital.
Now the workers are fighting a legal case (State of Haryana Vs. Jiyalal case), under which 149 workers were sent to prison l. Police lodged an FIR. 59 workers names were written and 500/600 workers under the unknown category. Under the charge sheet 13 charges were put on 211 workers. Just before the charge sheet 66 workers were arrested on a Non- Bailable warrant. Some of them were not even involved but were considered future trouble makers. 2300 workers were dismissed from the Maruti factory. The case is still going on. The 211 workers are still waiting for a court hearing. The 2300 workers still remain jobless and are fighting to get their jobs back.
The workers have taken to the most peaceful means of protest since the dharna started on 24th March 2013, which included an 8 day fast unto death, which they broke after the Haryana Chief Ministers assurance. They have shown during this phase and also during the entire phase of the strikes in 2011 that they are unitedly asking for their rights in an exemplary show of democratic spirit, but the company and the state government is determined to distort reality and portray them as criminals. It is not even allowing them their democratic right to protest, either in Gurgaon, Manesar or in Kaithal.

In the Video below Wife of an arrested Maruti Worker.speakes, listen

The true face of Maruti Suzuki Management, is exposed in this letter from prison by the Maruti Suzuki Workers –

I quote

We all are children of workers and peasants. Our parents, with huge effort and sacrifice, ensured our 10th standard, 12th standard or ITI education, helped us stand on our feet to do something worthy in our life and help our family in need. We all joined Maruti Suzuki company after passing the written and viva-voce tests conducted by the company and on the terms and conditions set by the company. Before our joining, the company carried out all kinds of investigations, like police verification of our residential proof or whether we had criminal records! Neither of us had any previous criminal record. When we joined the company, the Manesar plant of the company was under construction. At that stage we foreseeing our future with the progress of the plant invested huge energy and diligence to lift the Manesar plant of the company to a new height. When the entire world was struggling under the economic crisis, we worked extra two hours daily to materialize a production of 10.5 lakh cars in a year. We were the sole creators of the increasing profit of the company, and today we are implicated as criminals and murderers, and those who engage in ‘mindless arson’! Almost all of us are from poor worker or peasant families which has been dependent on our job. We were struggling to weave dreams for our and our family’s future, such as of our own homes, of the better education for our brothers-sisters and children so that they could have a bright future and ensure a comfortable life for their parents who took the pain to bring after them. But in return, we were being exploited inside the company in all possible ways, such as:

1. At work, if any worker was unwell, he was not allowed to go to the dispensary and was forced to continue with the work in that condition.

2. We were not allowed to go to the toilet, the permission was there only at tea or lunch time.

3. Management used to behave with the workers very rudely with abusive language, and used to even slap or make them murga in order to punish them.

4. If a worker was forced to take 3-4 days leave because of his ill health or some accident or other serious problem in his family or because of the death of a relative, then half of his salary which amounted to almost Rs. 9000 used to be deducted by the company.

You can Read the full lettter here

Recently, the International Commission for Labour Rights (ICLR). team constituting of lawyers and trade unionists from India, France, Japan, South Africa, the USA , were on a visit to investigate the incidents that led to the summary dismissal of over 500 permanent workers and over 1800 contract workers at the Manesar plant of Maruti Suzuki India Limited (MSIL) in August 2012. The team stated in their preliminary report that the alleged violence and human rights violation of workers at the Manesar plant of Maruti Suzuki will be taken up at the International Labour Organisation (ILO)and the United Nations Human Rights Council in Geneva , as If Maruti interfered with the workers’ rights to form union of their choice and terminated union members, there are serious violations of international labour norms. Maruti Suzuki is planning to set up a plant in South Africa, ICLR informed that the labour organisations there will oppose it , recognising human rights violations of the company in India .

The Preliminary Report can be read here

Although, Times of India is covering the protest I am amazed that you did not realise that your own public relation campaign could backlash, if you have maruti suzuki as a co sponsor ? It didn’t strike you , that there were workers striking and protesting against the oppression of maruti suzuki management ? Or wait a minute, Is it that Maruti Suzuki Management wanted to improve their image by involving in I lead india campaign and they are shit scared , because the movement by the Manser factory workers and the immense support it got from the entire country makes them in piss in their pants and also the fact that their sales figures had dropped immediately following the Manesar fiasco.

The Times of India, National newspaper claims to be India’s s most widely read English newspaper with readership over 7.6 million .It has some accountability towards its readers.

I demand Times of India to withdraw Maruti Suzuki’s ‘s sponsorship from I lead India Campaign and stop selling activism through this facade a campaign of corporate social responsibility of Maruti Suzuki.

Its like ‘ Nau sau chuhe kha ke billi ko haj ko chali ”
I lead campaign ka TIME KHATAM
Sincerely
An Ashamed , Times of India Reader

Kamayani Bali Mahabal

Mumbai
P.S- And if the I lead India campaign team, is still confused and unaware , what I have stated above, do check out http://marutisuzukiworkersunion.wordpress.com/

 

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Saha Commission – Deposition Proper Crèche facilities in mines #CSR #Odisha #Vaw #Womenrights

Deposition before Saha Commission CLAP espouses Creche in Mines.

Ahmadabad: 21.04: The provision of law under Mines Creche Rules 1966 and the Judgement of Odisha High Court in Committee for Legal Aid to Poor and Forum for Creche and Child Care Services (FORCES) vrs. State of Odisha bearing No. WP (C) No. 3132/2003 regarding crèche services for 0-6 age group siblings of working mother deserve priority attention with agenda of CSR by Mining Companies says the petition by Dr. Bikash Das, President, CLAP filed before Saha Commission. It is pertinent to mention that the Saha Commission is presently hearing the CSR of Mining Companies for peripheral development as a part of the overall enquire into irregularities of mining. In course of hearing of the case the lawyer of the petitioner Sidheswar Mohanty brought to the attention of the Commission that crèche facility for young children is a legal obligation, however, it is being overlooked in course of mining operation. Even the Odisha High Court in a public interest petition already directed for appropriate steps to establish crèche in mines. Hearing the contention of the petitioner Justice Saha observed that as per Mines Creche Rules its violation is an offence. Any mining which fail to perform its duty would attract prosecution. Senior Counsel Gopal Subramaniyam also supported the prayer of CLAP for crèche facility and informed the Commission that the submission will be taken care of by mining companies in their CSR Programme. Saha Commission directed the lawyer of CLAP to submit its written deposition before the Commission. BEFORE THE COMMISSION OF ENQUIRY COMPRISING HON’BLE SRI. JUSTICE M.B. SHAH (Retd.), (For illegal mining of Iron Ore and Manganese), Bungalow No. 13, Opp. Anti-Corruption Bureau, Dafnala, Sfahibaug , Ahmedabad – 4 The humble petition filed by Committee for Legal Aid to Poor (CLAP), a Registered Society based in Cuttack, Odisha. Sub: Proper enforcement of Crèche facilities for Children of Working Mothers in the mines within state of Odisha as per the provision laid down under Mines Crèche Rules, 1966 (framed by the Central Govt. of India on 1st April, 1966) in exercise of power conferred under Clause (d) and (w) of Section 58 of the Mines Act 1952 and also implementation of order of the Hon’ble High Court of Odisha in a Public Interest Litigation bearing no. WP (C) No. 3132/2003. The following submissions are made for the sympathetic consideration of this Hon’ble Commission in course of hearing the Corporate Social Responsibility (CSR) of Mining Owners: 1. That provision of crèche facility for children of working mother in mining is a legal obligation of mining owner/miner as per the provision of Mines Crèche Rules, 1966. It is also a statutory obligation of the authorities of mining department to supervise whether the crèche facilities are being provided by the mining owner or not. It is also an entitlement of very young children (up to age of 6 years) who accompany their mother who are working in mines. 2. That, in spite of the provisions of Mines Crèche Rules 1966, the implementation of the provision is grossly manifestly poor as the mining owners are not giving due importance to the issue for various reason including low level of awareness about the provision of law together with lack of assertiveness among working mother about the statutory opportunity for which they are entitled. 3. That deprivation of working women having children below 6-years of age from the entitlement of crèche facility for their children is a common phenomenon all across the mines in Odisha and thereby it is a violation of a statutory obligation by the mining owners. 4. That the public authorities including Labor and Mining Officials appointed for the purpose of ensuring strict compliance of the statutory provisions like crèche facility are not discharging their duty for proper enforcement of the provision of crèche in mines. In fact there is no accountability of officials for strict adherence to the provisions of law. 5. That, to substantiate the rampant violation of the provision relating to crèche facilities, the present petitioner that is CLAP constituted a Fact Finding Mission consisting of Lawyers and Social Activists to investigate into the real state of affair which visited different mines of Sukinda area of Jajpur district of Odisha in the year 2002. After field investigation, the CLAP has published a report with name and style “Undermining Children in Mines” reflecting therein the illegalities and irregularities noticed about the implementation of Crèche facilities in the mines. Such inaction of mine owners is clear violation of rights of children upto age of six years whose mothers are working in respective mines. A Copy of the said report is attached herewith as ANNEXURE -1. 6. That, based on the aforementioned fact finding mission and the fact finding report titled Undermining Children in Mines, CLAP (Committee for Legal Aid to Poor) alongwith FORCES (Forum for Crèche and Child Care Services) approached the Hon’ble High Court of Odisha by way of filing a PIL vide WP (C) No. 3132/2003 seeking direction for enforcement of provisions relating to crèche facility in the mines. 7. That, after careful hearing of allegations leveled and counter affidavit filed by the respective parties, the Hon’ble High Court of Orissa vide order dt. 21.1.2011 passed a verdict with a direction to the OP No. 5 (Ministry of Labour, Union of India, Shrama Shakti Bhawan, New Delhi) to see that the crèches are properly maintained by the mines owners who have established the same as per the Act and Rules. And for those who have not established crèches, Directorate of Mines Safety shall see that the same are established forthwith and safety measures shall be taken for the children of working women in nines area; and further see that the trained teachers are appointed for functioning of Crèches properly. Moreover, periodical inspection shall also be carried out by the Directorate of Mines Safety regarding maintenance and functioning of Crèches in mines areas in consonance of provisions of the Act and Rules in vogue. If the authorities find that any mine owner is contravening the provisions of the Act and Rules they shall have to take steps to prosecute them before the Court of law for contravention of law, which tantamount to statutory offence. A copy of the order of Hon’ble High Court of Orissa dtd. 21.1.2011 is attached herewith as ANNEXURE – 2. 8. That, in spite of all this efforts and the order of the Hon’ble High Court, the deficits, inadequacies, irregularities and latches still persists in respect of enforcement of the provision concerning crèche facilities by the mines owners. The public authorities have not shown due diligence and not taken adequate measures for proper enforcement of crèche rules even though there is a clear direction by the Hon’ble High Court of Orissa made in this regard. 9. That, in the above facts and circumstances the following steps are very much essential for proper enforcement of Crèche Rules in the mines area and to ensure that the Corporate Social Responsibility (CSR) as per the legal provision are effectively implemented for the shake of protection of best interest of the very young children, welfare of the working mother and also for promotion of good governance: ISSUES A. It will be mandatory for every Mines owner to provide Crèche facilities to the children upto age of 6 years of the working women. B. Every Crèche shall have a clean and sanitary latrine and bathroom, adequate safe drinking water, supplementary nutrition, medicines, beds, toys and medical check-up for the children and nursing mothers. C. Periodically visit and monitoring of the crèche facilities should be undertaken by the Directorate of Mines. D. The mines authorities will ensure that the crèche facilities have been strictly implemented by every mines owner. E. In case there is found any latches or negligence to provide crèche facilities, the licence granted to the respective mines is deemed to be cancelled. F. Every mines owner will submit quarterly report to the mines authorities explaining the details and steps taken to implement the crèche facilities for the supervision of the authorities. G. Effective measures should be taken by both the mining department and mines owners for proper implementation of Mines Crèche Rules. 10. That, the petitioner brings the above facts to the notice of the Hon’ble commission for its sympathetic consideration as the Commission rightfully considers a very important aspect of Corporate Social Responsibility (CSR) in course of hearing legal issues pertaining to mining allotment. 11. That, unless a matter like crèche facility for young children below the age group of 6-years of mother working in mines is taken into due consideration at this stage of hearing of the case, the issue of young children would be ignored from the entire process of rendering justice and the best interest of young children will be overlooked. P R A Y E R In the above facts and circumstances along with considering the legal provision of crèches facilities for children in mines, it is humbly prayed to pass appropriate order/recommendation for strict compliance of the legal provision made under Mines Crèches Rules, 1966 as a major aspect of Corporate Social Responsibility (CSR). And further recommend the issues mentioned in Para – 9 are to be included as part of the Corporate Social Responsibility (CSR) for the best interest of the children. Dr. Bikash Das, President Date: 19.4.13 Committee for Legal Aid to Poor (CLAP) And Convenor, Odisha FORCES 367, Markatnagar, Sector – 6, C.D.A, Cuttack – 14, Odisha, India AFFIDAVIT I, Dr. Bikash Das, aged about 43 years, S/o Late Shyam Sundar Das, President of Committee for Legal Aid to Poor (CLAP), AT: Plot NO. 367, Markatnagar, Sector – 6, PO: Abhinaba Bidanasi, PS: Markatnagar, Town/Dist.: Cuttack do hereby solemnly affirm and state as follows: 1. That I being president of CLAP presenting this petition before this Hon’ble commission. 2. That the facts stated above are true to the best of my knowledge and belief. Identified by Advocate Deponent Cuttack Date: 19.4.2013 Contact Number of CLAP Advocate Mr. Sidheswar Mohanty: 09861035421

BEFORE THE COMMISSION OF ENQUIRY COMPRISING

HON’BLE SRI. JUSTICE M.B. SHAH (Retd.),

(For illegal mining of Iron Ore and Manganese), Bungalow No. 13,

Opp. Anti-Corruption Bureau, Dafnala, Sfahibaug , Ahmedabad – 4

The humble petition filed by Committee for Legal Aid to Poor (CLAP), a Registered Society based in Cuttack, Odisha.

Sub: Proper enforcement of Crèche facilities for Children of Working Mothers in the mines within state of Odisha as per the provision laid down under Mines Crèche Rules, 1966 (framed by the Central Govt. of India on 1st April, 1966) in exercise of power conferred under Clause (d) and (w) of Section 58 of the Mines Act 1952 and also implementation of order of the Hon’ble High Court of Odisha in a Public Interest Litigation bearing no. WP (C) No. 3132/2003.

The following submissions are made for the sympathetic consideration of this Hon’ble Commission in course of hearing the Corporate Social Responsibility (CSR) of Mining Owners:

1. That provision of crèche facility for children of working mother in mining is a legal obligation of mining owner/miner as per the provision of Mines Crèche Rules, 1966. It is also a statutory obligation of the authorities of mining department to supervise whether the crèche facilities are being provided by the mining owner or not. It is also an entitlement of very young children (up to age of 6 years) who accompany their mother who are working in mines.

2. That, in spite of the provisions of Mines Crèche Rules 1966, the implementation of the provision is grossly manifestly poor as the mining owners are not giving due importance to the issue for various reason including low level of awareness about the provision of law together with lack of assertiveness among working mother about the statutory opportunity for which they are entitled.

3. That deprivation of working women having children below 6-years of age from the entitlement of crèche facility for their children is a common phenomenon all across the mines in Odisha and thereby it is a violation of a statutory obligation by the mining owners.

4. That the public authorities including  Labor and Mining Officials appointed for the purpose of ensuring strict compliance of the statutory provisions like crèche facility  are not discharging their duty for proper enforcement of the provision of crèche in mines. In fact there is no accountability of officials for strict adherence to the provisions of law.

5. That, to substantiate the rampant violation of the provision relating to crèche facilities, the present petitioner that is CLAP constituted a Fact Finding Mission consisting of Lawyers and Social Activists to investigate into the real state of affair which visited different mines of Sukinda area of Jajpur district of Odisha in the year 2002. After field investigation, the CLAP has published a report with name and style “Undermining Children in Mines” reflecting therein the illegalities and irregularities noticed about the implementation of Crèche facilities in the mines. Such inaction of mine owners is clear violation of rights of children upto age of six years whose mothers are working in respective mines.

A Copy of the said report is attached herewith as ANNEXURE -1.

6. That, based on the aforementioned fact finding mission and the fact finding report titled Undermining Children in Mines, CLAP (Committee for Legal Aid to Poor) alongwith FORCES (Forum for Crèche and Child Care Services)  approached the Hon’ble High Court of Odisha by way of filing a PIL vide WP (C) No. 3132/2003 seeking direction for enforcement of provisions relating to crèche facility in the mines.

7. That, after careful hearing of allegations leveled and counter affidavit filed by the respective parties, the Hon’ble High Court of Orissa vide order dt. 21.1.2011 passed a verdict with a direction to the OP No. 5 (Ministry of Labour, Union of India, Shrama Shakti Bhawan, New Delhi) to see that the crèches are properly maintained by the mines owners who have established the same as per the Act and Rules. And for those who have not established crèches, Directorate of Mines Safety shall see that the same are established forthwith and safety measures shall be taken for the children of working women in nines area; and further see that the trained teachers are appointed for functioning of Crèches properly. Moreover, periodical inspection shall also be carried out by the Directorate of Mines Safety regarding maintenance and functioning of Crèches in mines areas in consonance of provisions of the Act and Rules in vogue. If the authorities find that any mine owner is contravening the provisions of the Act and Rules they shall have to take steps to prosecute them before the Court of law for contravention of law, which tantamount to statutory offence.

A copy of the order of Hon’ble High Court of Orissa dtd. 21.1.2011 is attached herewith asANNEXURE – 2.

8. That, in spite of all this efforts and the order of the Hon’ble High Court, the deficits, inadequacies, irregularities and latches still persists in respect of enforcement of the provision concerning crèche facilities by the mines owners. The public authorities have not shown due diligence and not taken adequate measures for proper enforcement of crèche rules even though there is a clear direction by the Hon’ble High Court of Orissa made in this regard.

9. That, in the above facts and circumstances the following steps are very much essential for proper enforcement of Crèche Rules in the mines area and to ensure that the Corporate Social Responsibility (CSR) as per the legal provision are effectively implemented for the shake of protection of best interest of the very young children, welfare of the working mother and also for promotion of good governance:

ISSUES

A. It will be mandatory for every Mines owner to provide Crèche facilities to the children upto age of 6 years of the working women.

B. Every Crèche shall have a clean and sanitary latrine and bathroom, adequate safe drinking water, supplementary nutrition, medicines, beds, toys and medical check-up for the children and nursing mothers.

C. Periodically visit and monitoring of the crèche facilities should be undertaken by the Directorate of Mines.

D. The mines authorities will ensure that the crèche facilities have been strictly implemented by every mines owner.

E. In case there is found any latches or negligence to provide crèche facilities, the licence granted to the respective mines is deemed to be cancelled.

F. Every mines owner will submit quarterly report to the mines authorities explaining the details and steps taken to implement the crèche facilities for the supervision of the authorities.

G. Effective measures should be taken by both the mining department and mines owners for proper implementation of Mines Crèche Rules.

10. That, the petitioner brings the above facts to the notice of the Hon’ble commission for its sympathetic consideration as the Commission rightfully considers a very important aspect of Corporate Social Responsibility (CSR) in course of hearing legal issues pertaining to mining allotment.

11. That, unless a matter like crèche facility for young children below the age group of 6-years of mother working in mines is taken into due consideration at this stage of hearing of the case, the issue of young children would be ignored from the entire process of rendering justice and the best interest of young children will be overlooked.

P R A Y E R

In the above facts and circumstances along with considering the legal provision of crèches facilities for children in mines, it is humbly prayed to pass appropriate order/recommendation for strict compliance of the legal provision made under Mines Crèches Rules, 1966 as a major aspect of Corporate Social Responsibility (CSR).

And further recommend the issues mentioned in Para – 9 are to be included as part of the Corporate Social Responsibility (CSR) for the best interest of the children.

Dr. Bikash Das,

President

Date: 19.4.13   Committee for Legal Aid to Poor (CLAP)

And Convenor, Odisha FORCES

367, Markatnagar, Sector – 6, C.D.A,

Cuttack – 14, Odisha, India

AFFIDAVIT

I, Dr. Bikash Das, aged about 43 years, S/o Late Shyam Sundar Das, President of Committee for Legal Aid to Poor (CLAP), AT: Plot NO. 367, Markatnagar, Sector – 6, PO: Abhinaba Bidanasi, PS: Markatnagar, Town/Dist.: Cuttack do hereby solemnly affirm and state as follows:

1. That I being president of CLAP presenting this petition before this Hon’ble commission.

2. That the facts stated above are true to the best of my knowledge and belief.

Identified  by

Advocate           Deponent

Cuttack

Date: 19.4.2013

 

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Corporate Social Responsibility and Satyamev Jayate #Aamir Khan

 

 Guest Post, Ipshita Samanta, writes for Kracktivism

 ‘“There must be some way out of here” said the joker to the thief

“There’s too much confusion”, I can’t get no relief
Businessmen, they drink my wine, plowmen dig my earth
None of them along the line know what any of it is worth. ‘  —-All along the watch tower, Bob Dylan

We are watching from watch tower. We are traipsing along the tricky road. Yet we are enjoying our smug delirious delusions. We belong to the army of workers, supporters of corporate. No, we are not here to talk in tropes. Rather there is severe need to redress the issue of corporate social responsibility. Our ‘’responsibility’’.

We can say corporate social responsibility (CSR) is a form of corporate self-regulation incorporated into a business environment. It works within realm of ethics, morality and international law. The goal of CSR is to accept responsibility for the company’s actions and encourage a positive impact through its activities on the environment, consumers, employees, communities, shareholders and all other members of the community who may also be considered as stakeholders.’’

So in a more layman’s language CSR (corporate social responsibility; from here on CSR) is giving back some of the profits that corporate makes by lactating society’s resource to the people, to the nature in a word to the society itself. But this juxtaposition seems to be highly ironical, vacuously true. That is, if a profiteering organization strives by profit making why should they part their so dear sizeable portion? And if they do, why in the first place the free trade (this coinage is very much capitalistic; without which corporate presumably cannot do business) comes from barrel of gun, why they resort to the coercive methods? Why is there fierce competition to suck the cows dry? Why occlusion of peoples’ freedom of speech, democratic rights in most of the third world developing countries, where CSR is a comparatively newer concept.

Yes, we are talking about Vedanta, Posco and other expropriator corporate companies. In accordance to the rule book CSR is all about self policing, moral guide liners. But in real paradigm there is a shift between the definitions of commitment to the deed. We need not give the data. Data of exploitations, evidences of corruptions, instances of gross misappropriation are splashed in every nook and corner. State machinery is in cohort. Grapphiti is in the wall.

The face of Soni Suri is fading. Instead faking of happiness is in the wind.

So called messiah against corruption Mr. Anna Hazare is smiling.

Jago Bharat campaign of  Tata is buzzing.

Flocks of youth are in trance of corporate responsibility.

Ours own Oprah has came in to fore. He is the actor turned social reformer. Amir khan.

While he argues against sexs selection  he talks, discusses for the sake of destined to be unmarried 2 crore single men. He cries with the female guest who has been aborted against her wish for bearing female fetus. Yet his own child has been born out of surrogacy, one of the crudest forms of women slavery, lending your womb for money.

But he starts his program with jai hind. He remains politically correct. And also does not try to insinuate the patriarchal core. Commercial, eh? Oh it also has a greater production value. Every paisa will go the NGO run by Ambanis. The speculative money maker. The gambler whose speculations have drained surpluses of manufacturing sector in to the share markets, price fixings, speculative trade. Implicit assassinator of millions of farmers. Puppeteer of government. And he is protecting the girl child! Ironies do not stop here. Every corporate company has been tied to one or more NGO where they wash their bloody hands down. A laying off machine of black money. A devil in saint’s hood. Every slum in metropolises boasts of a NGO which is invariably linked to one or more corporate companies.

The network of capital and NGO is like infinite loop. To fix the poverty turn the lenders in to beggars. In return of education, health, infrastructural changes suck the country till death. And NGO becomes agent of death. Some will argue with trickledown effect. But is it not the one of most important reasons that in third world countries there is so higher political and bureaucratic corruption. To begin with let us look back in to the origin.

The term CSR came in to vogue in 60’s. The motivation was to make a social impact so that there could be long term profit. It involves with business ethics in a business environment. Cynics argued that it was merely a hoodwinking maneuver to the government to sideline the improper practices of big MNCs.

Also one of the aspects of the CSR was to treat human resources as capital or human capital, to potentiate them for future labor pool. So CSR is merely Keynesian approach to the corporate core value. A window dressing. CSR works as a lackey of business sustainability. A caudal approach to hide business agenda from the consumers. Also in the epoch of imperialism CSR has made up the ugly feature of neo classical economy in to a sacrosanct virtue. To facilitate the change of mode of production in the upcoming new economy from semi feudal to more aggressive oligarchy  CSR has played a big role. It has gained trust through its beleaguering methods. By building brand values it has cleared the path of monopolistic hegemony. And a way to survive in troubled water. A malignant growth which cannot be uprooted only by reformist attitude.

In Indian context in 2009 ministry of corporate affairs had published a guideline for inclusive growth and responsible business. We should note here everything is voluntary, i.e it is not a law to be abided. There come lots of good words. Ethical practice, respect for workers’ right, respect for human rights, environment keeping, social development activities and so on. But still everything remains fuzzy. Everything depends on the corporate will. And every single day every basic right is flouted. In our city the poor are driven into corner, they are being brushed under carpet. We are making our cities beautiful. Those who can buy have their amenities, we, the middle class commuter of vacillating bridge are in fear. And the poor have nothing to lose.

Here in the second episode of ‘Satyameva Jayate ‘Amir Khan tells of child abuse. 53% of the children are abused silently. Most of the incidents occur in their safeness of home. And we should not forget about the hapless child laborers. For whom there is no Amir Khan to shed tear on who are being molested, raped, sodomised in their work places. In the dark corners, in the alleys of corporate profit making factories they are sacrificed daily.

And still Amir Rocks!!!!

Ipshita  Samanta  is doing my phd in statistics from ISI, in kolkata

 

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