Are you thinking why without making any plan about how to help you all return home Narendra Modi suddenly announced lockdown on 24th March? What about migrant workers? Why were you compelled to walk hundreds of miles to reach your homes as no government bothered to arrange for your return? Are you wondering how they are spending thousands of crores of rupees to erect statues but have no money to spend for your food? Have no arrangement for sending you home by train, compelling you to live like cattle here and there in this phase of Corona? Why is the government exposing you to the danger of Corona in this careless fashion?

To the Workers of organised private sectors! Have you ever thought why you are not getting your wages for lockdown period? Why in spite of government order owners are refusing  to pay your wages? Why within a week parliamentary committee has given report that the owners are not bound to pay? Why even judges are commenting that if the lockdown is to extend beyond two months it would be difficult for factory owners to pay the salary to the workers?  As if it is very easy to run your livelihood without salary! 

To the workers of Public Enterprise and Government Employee! It is supposed that government is the ideal employer. So we can say government employees are most secure and well off. Since the neo liberal policies government employees are facing various types of oppression. Very recently BSNL workers have faced disastrous consequence. Now the Modi government is trying to freeze DA. Trying to cut wages citing losses due to the lockdown.  Are you not wondering why? Why is the government not imposing special taxes on the millionaires, rather than chalking out a hundred and one ways to give them relief?

Have you ever thought how the government is daring to take such steps? In this phase it has been clear that migrant workers are crores and crores in number. Though organised workers are decreasing,  still they are also some crores in number. Government employees and public sector workers are also in huge numbers. Workers are great not only in number but also hold the keys to the Nation's life. The nation stands on the toil of the workers and peasants. But are you even recognised by the government and entrepreneurs? 

First of all, this corona crisis shows all the more clearly that the nation is not run with your interests in mind. 'National interest' has come to mean the interest of a handful of bloodsuckers. The government is interested only in them, their profits. So the lockdown has been declared keeping in mind only their security.

Secondly, you are not organised. It is difficult for migrant workers to organise immediately, but even workers in the organised sector are not organised. Though there are unions in the organised sector and some unorganised workers' unions also, but these are mostly under the reformist leadership and the focus is not on anything more than some wage enhancement in your own sector. Since not getting strengthened in the social sphere, owners and bloodsuckers are snatching your bargaining capacity more and more even in your own sphere of influence.  You are seeing that now even the government, supposedly the ideal Entrepreneur,  is imposing ordinance for 12-hour work day. 

So, get organised. 

Today is the birthday of Karl Marx, the great leader of the working class. He said, "Workers have nothing lose but their chains and they have a world to win." Workers have no country, no religion, no community.  As workers, everywhere their interest is the same. Without being united you cannot lose your chains. All of you can see that if you are organised no government can dare to neglect you. You have to organise to snatch the democracy from the Millionaires, Imperialists, Communal, Fascist forces.

The great leader of the workers comrade Lenin said workers are either revolutionary or nothing. Corona situation is proving that your past glory has dimmed. You are nothing. So, wake up! Get organised! March to the revolution.

Red Salute,

CPI(ML) Red Star

5th May, 2020 

After two months of unspeakable misery caused to millions of migrants in the country due to the national lockdown, which led to the loss of hundreds of lives, the Supreme Court took suo moto cognizance of the issue on Tuesday, May 26.

Till then, the SC had been in a state of denial, unquestioningly believing the executive's version that "all is well". The cases brought before it concerning several issues relating to migrant workers, such as payment of wages, food security, shelter homes, transport and access to trains were closed by the court without effective orders (detailed and documented in this article). The passive response of the apex court, and the excessive deference shown by it to the executive even in the middle of an unprecedented humanitarian crisis , had come under widespread criticism from ex-judges, senior advocates, and many members of legal fraternity, including law students. Even the ordinary citizens were anguished at the inaction of the apex court, going by many of the comments expressed in social media.

Former Supreme Court judges, Justices Madan B Lokur and V Gopala Gowda likened the Court's behavior to that of the emergency-era Supreme Court, where it had displayed a shocking lack of concern for the most basic rights of the citizens. Former HC judges, Justices A P Shah and Kailash Gambhir, criticized the Court's abdication of responsibilities. All these jurists were unanimous in their opinion that the Supreme Court let down the migrants amidst a grave constitutional crisis.

Senior Advocate Dushyant Dave, President of the Supreme Court Bar Association, minced no words in expressing disappointment at the Court's failure in holding the executive accountable. "Judges cannot sit in ivory tower and be blindfolded to the miseries of the citizens of India", he said. "This is not an emergency. The fundamental rights are not suspended. Yet, the judiciary has suspended the effective enforcement of fundamental rights", he added.

Expressing anguish at the passive response of the Supreme Court to the issue of migrant workers crisis amid the COVID-19 lockdown, Senior Advocate Jaideep Gupta commented that the top court "could have done a lot". "The migrants walk home is not a casual irresponsible act of a citizen. It's a moment of existential crisis for them. The Supreme Court could have done a lot. Only they could have", he said.

Senior Advocate Sanjay Hegde commented that the Court's inaction amounted to 'social distancing from the powerless'. "Judicial abnegation by the top court is not healthy for an institution trusted as being the protector and enforcer of rights", he said.

Recently, several leading lawyers - P Chidambaram, Anand Grover, Indira Jaising, Mohan Katarki, Siddharth Luthra, Santhosh Paul, Mahalaxmi Pavani, Kapil Sibal, Chander Uday Singh, Vikas Singh, Prashant Bhushan, Iqbal Chagla, Aspi Chinoy, Mihir Desai, Janak Dwarkadas, Rajani Iyer, Yusuf Muchhala, Rajiv Patil, Navroz Seervai, Gayatri Singh and Sanjay Singhvi - wrote to the CJI seeking urgent intervention in the migrants issue.

"This situation was compounded by the Hon'ble Supreme Court's failure to intervene in mid-day when millions of migrant workers had commences travelling home on foot, or by trucks", they said in the letter.

"As a consequence of the Court's failure to intervene, even though the number of Covid cases were then only a few hundred at the time, the millions of migrant workers were unable to proceed to their hometowns and were compelled to remain in small cramped tenements or rooms or on the pavements, without any employment or livelihood, and even a definite source of food. In fact this enforced stay in cramped quarters only exposed such poor worker to a higher risk of Covid infection", they added.

Meanwhile, many High Courts showed the way by staying true to their constitutional role of acting as a check on the executive.

Gujarat HC's Model of Holding the Executive Accountable

The Gujarat High Court took suo moto notice of a host of issues related to the COVID-19 pandemic and the lockdown. What is commendable is that the Gujarat HC was not seeking to substitute its wisdom with that of the executive. Rather, it sought explanation from the government regarding its plan of action to deal with the issues to ascertain if it passed the constitutional muster.

The Court intervened only when it found that the government's responses were grossly unreasonable, or blatantly unsatisfactory. For example, the bench comprising Justices J B Pardiwala and Ilesh J Vora was quick to dismiss the puerile explanation given by the State for not doing enough number of COVID-19 tests. The Government told the bench that more number of tests could lead to 70% of the population testing positive, and that this could lead to "fear psychosis". The Court emphatically said that this cannot be a reason for reducing the number of tests.

Also, the Court did not shy away from highlighting the unsatisfactory conditions in the Ahmedabad Civil Hospital, which was leading to high mortality rate of COVID-19 patients. 

Unlike the SC, the High Court did not turn its face away from the plight of migrants, and passed directions to ensure food and shelter to them. As regards their travel, the Court directed the railways to either waive off their one way charges, or the State to bear their fare.

Karnataka HC Nudged Govt into Action

Similar was the response of the Karnataka High Court with respect to the migrants issues. The Court demonstrated that by simply asking the right questions and making the relevant observations, the judiciary can get the government to act. Actual directions may not be always necessary. A bench comprising Chief Justice A S Oka and Justice B V Nagarathna of the HC observed that inability to pay rail fare should not become a ground to deprive migrants of their right to travel to their native places. This, the court explained, was due to the fact that their lack of income is directly linked to the lockdown imposed by the State. So, State has the constitutional obligation to mitigate their sufferings.

This led to the Karnataka Government taking a stand that it will bear the travel cost for Karnataka natives to come back from other states. In response, the Court asked if such a stand would not amount to discrimination against migrants within Karnataka, on the basis of place of origin.

Following the sustained interrogation from the Court, the Karnataka Government diluted its stance by deciding to bear the cost of migrants' travel from Karnataka to their native states.

Court Would Be Failing In Its Role If It Doesn't React: AP HC

The Andhra Pradesh High Court observed that the Court would be failing in its role, if it does not react to the issue of migrants being forced to walk hundreds of kilometers to their native places.

A division bench ofJustice DVSS Somayajulu and Justice Lalitha Kanneganti passed a slew of directions to ensure proper availability of food, toilets and medical help etc. for these migrants. The Court observed that the situation was "alarming" and that "immediate intervention" of the Court was necessary.

Later, another bench headed by Chief Justice J K Maheshwari passed directions for creating temporary sheds for walking migrants, and to ensure their travel by bus/train within 48 hours of registration with the nodal officers.

Pity to See Migrants Walking: Madras HC

The Madras HC suo moto sought an action taken report from the State Government and the Centre on the steps taken for the relief of migrants. The Court posed 12 specific queries to the Central and State Governments such as data on the migrant workers stranded in every state, the assistance being provided to them, the number of migrant workers who died on their way to their home states, the compensation for the families of the deceased migrant workers, and the assistance being provided to those who have returned to their native states, "It is a pity to see the migrant labourers walking for days together to reach their native places and in the process, some of them had lost their lives due to accidents. The Government authorities of all the States should have extended their human services to those migrant labourers", observed the HC bench comprising Justices N Kirubakaran and R Hemalatha.

The High Court of Kerala has been monitoring the steps taken by the Kerala Government to provide food and shelter to guest workers. The Orissa HC and Bombay HC had taken suo moto notice of the issue of migrants, and passed necessary directions. The Bombay HC however deferred the hearing taking note of the pendency of similar issues in SC.

The Telangana High Court made a powerful declaration that medical emergency cannot be an excuse for the government to trample upon the rights under Article 21 of the Constitution. Holding thus, the Court proceeded to quash a Government Order, which prohibited citizens from getting COVID-19 testing done from private laboratories, even if they have the requisite approval. The HC also sought report from the Government on the COVID-19 tests and regarding the measures taken to allay the plight of migrants.

Importance of Public Criticism

Over All, the situation seemed to be a re-dux of emergency era, where the High Courts asserted their independent role to protect the rights of the citizens, despite the SC choosing to bow before the powers usurped by the executive.

In the face of mounting criticism, the SC has now chosen to act by taking suo moto notice of the issue.
This development also underlines the important role of informed,constructive criticism in a democracy. A bunch of vigilant citizens, who constantly demand legitimacy and justifications from centres of power, can prevent the institutions from completely failing in their constitutional duties.

It took a considerable amount of public criticism for the SC to say that there have been "inadequacies and certain lapses" in the measures taken by the governments for migrants welfare, deviating from its earlier "what can we do?" stand.

Let us hope that this course-correction by the apex court, though belated, leads to mitigation of the sufferings of the millions of migrant workers in the country.

Text of the letter Sent by Senior Advocates to CJI

To The Hon’ble the Chief Justice of India and His Companion Judges

Supreme Court

Bhagwan Dass Road

New Delhi

Dear Judges,

It is with great anguish and dismay that we write to you as the citizens of India and senior members of the Bar. The Hon’ble Supreme Court has a pivotal constitutional role in protecting and safeguarding the fundamental rights and freedoms of the citizens of this country, and particularly the vast swathes of our population who eke out a living near or below the poverty line or minimum wages, and are even in normal times barely able to survive with dignity and respect. The Supreme Courts constitutional role and duty assumes even greater importance in the time of a crisis, such as the present when the entire country and its economy was “locked down” from 24th March by an order of the Central Government. More than 75% of the Indian work force earn their livelihoods in the informal or unorganized sector, and for them a stoppage of economic activity in the Medium, Small and Micro sectors has resulted in an immediate loss of employment, livelihood and the means of sustenance.

The “lock down” was imposed on 24th March without any consideration being paid to the plight of these poor, especially migrant labour [who number in the crores] earning their livelihood in the major cities, and for whom social distancing was and is a utopian impossibility. These poor citizens who were faced with the prospect of being cooped up in small cramped tenements/rooms or on the pavements, without any employment  or livelihood or even a definite source of food and were thus compelled to start walking back to their home States, often thousands of kilometers away, with little children, family members or elderly parents. They were forced to do so as the Central Governments lock down had precluded them from taking trains or buses back to their home towns. The movement even at that juncture involved lakhs of poor, hungry and scared migrant labour. The Government, initially, sought to prevent such migrants from leaving and returning home.

While hearing a public interest litigation on the plight of the migrant workers, Alakh Alok Srivastava v. Union of India [Writ Petition (Civil) No. 468 of 2020], the Hon’ble Supreme Court considered the  Status Report filed by the Learned Solicitor General, representing the Union of India, which referred  to the Government’s circular dated 29th March 2020 prohibiting movement and transportation of migrant labourers and a direction to shift them to relief shelter homes and relief camps instead and the Solicitor General’s statement before this Court that as of 31st March, 2020, “no migrant person was walking on the roads in an attempt to reach his/ her home towns villages.” The Hon’ble Supreme Court, vide order dated 31.03.2020, expressed satisfaction at the steps taken by the Union of India to combat Covid-19 and proceeded to observe that “the migration of labourers working in the cities was triggered by panic created by fake news that the lock down would continue for more than 3 months.” As a consequence of the Court’s failure to intervene, even though the number of Covid cases were then only a few hundred at the time, the millions of migrant workers were unable to proceed to their hometowns and were compelled to remain in small cramped tenements or rooms or on the pavements, without any employment or livelihood, and even a definite source of food. In fact this enforced stay in cramped quarters only exposed such poor worker to a higher risk of Covid infection

Moreover, the Government’s statement has been clearly shown to be contrary to the facts. Several reports suggest that more than 90% of migrant workers did not receive Government rations in many States and were suffering from dire food shortage.

This failure to intervene in March, subsequently resulted in a massive migration of millions of workers by early May, when migrant labourers who were fed up with being virtually incarcerated for the previous 6 weeks, without employment or wages decided that they would be better off trying to go back to their homes. Significantly by this time the Covid infections in the country had crossed 50,000 and a significant number of these migrant workers were also infected with Covid.  Even at this stage, the Government initially sought to obstruct their travel/movement on foot or by trucks. Subsequently the Government agreed to their movement by bus and trains [shramik specials]. However, even when the arrangements were made by the States to transport the migrant workers who wish to return home after having been cooped up for over 30-40 days, onerous conditions were sought to be imposed on them, such as obtaining a medical certificate after getting themselves tested at great cost to themselves. When arrangements are made to transport them by road, they were often left at the borders of the receiving states, which at times were unwilling to make any further arrangements for them to let them enter or reach their homes, or provide transport, almost as if this was not one country with a common citizenship.  The right to life, liberty and freedom of movement of these hapless poor millions was rendered virtually meaningless in such circumstances.

Civil society had risen to the occasion and attempted to provide succour, food and shelter for these poor migrants. However, having regard to the millions involved and the distances to their hometowns civil society cannot, in real measure provide an adequate measure of succour or redress.   As this situation had been brought about by the executive orders of the Central Government imposing a lock down, prohibiting public transport and interstate travel, it was necessarily the duty and constitutional obligation of the Government of India [with the State Governments] to ensure that these millions were expeditiously enabled during lockdown1 itself to travel home safely. However, both in during lockdown 1 and in lockdown 2 no steps were taken to redress the horrendous plight of these poor millions.

On 15th May 2020, a three-judge bench of the Hon’ble Supreme Court dismissed an application seeking immediate directions to all the District Magistrates to identify the migrant workers who are walking on roads, provide them with appropriate food and shelter facility and facilitate their travel back to their home states free of cost. Without going into the merits of the said application was dismissed and left it for the State Governments to sort this out. We respectfully submit that this institutional deference to statements made on behalf of the Government and the Court’s apparent indifference to this enormous humanitarian crisis, would if not rectified immediately, amount to the Court having abdicated its constitutional role and duty to these teeming millions of poor, hungry migrants.

Indeed, the current migrant crisis is symptomatic of how the constitutional promises of equality, life, freedom and dignity have been totally ignored by the Government while imposing arbitrary executive measures. The Hon’ble Supreme Court’s unwillingness to hold the Government to account and to provide succour to these poor millions, will severely erode its constitutional role and status as the guardian of the fundamental rights of the people. The Hon’ble Supreme Court has a glorious tradition of Public Interest Litigation (PIL) that changed the face of Indian constitutional jurisprudence forever, ranging from eradication of bonded labour, prison reforms, environmental compliances, and right to food, amongst others. Each of these PILs has resulted in far-reaching legal and policy changes positively affecting the lives of the millions of people. The Hon’ble Supreme Court’s deference to the Government and it’s unwillingness or expressed helplessness in the face of the above situation, casts a long shadow on our Country’s constitutional structure.

In the midst of the executive imposed Covid-19 lockdowns, the Hon’ble Supreme Court cannot retreat into a self-effacing deference, leaving millions of Indian citizens, especially those who are poor, vulnerable and impoverished, to the mercy of the executive, reminding us of ADM Jabalpur when detenues were left to the tender mercy of the executive with “Diamond bright Diamond hard” hope that something would be done.

The rights of citizens, especially the poor, are being violated with impunity by the executive in the name of addressing the pandemic. Millions have been forced to remain cooped up in slums or small tenements for weeks on end without employment or livelihood and in total denial of their rights to life and liberty.

The deference shown by the Hon’ble Supreme Court to the Government’s bland assertions and the expressed helplessness of the Hon’ble Supreme Court on the grounds of  “issue being policy decision” or “inability to monitor” in the face of an unfolding human disaster, where millions of migrant workers are on the road, walking thousands of kilometers to reach their homes, is a matter of  involving the violation of fundamental rights of millions of our poor citizens on account of executive action, that needs urgent attention by the Hon’ble Supreme Court on its judicial side.

The migrant workers’ issues are not a “policy issue.” They raise constitutional issues requiring a strict scrutiny of the executive action which has resulted in this situation. The core issues are of protection of the fundamental rights of these millions of poor migrant workers to life and liberty and their right to move freely throughout India and to return home, with safety and dignity guaranteed under Articles 14, 19(1) and 21 of the Constitution. If the Court is to fulfil its sacred constitutional role and duty, it must necessarily hold the executive accountable and require it to take steps to fulfil its obligations under the Constitution.

The Hon’ble Supreme Court has developed the jurisdiction of continuous mandamus to monitor executive action to ensure that orders of this Hon’ble Court are indeed followed. The apparent deference to executive action and the reliance on bald [and patently incorrect] statements made on behalf of the executive and the expression of helplessness on this part of the Hon’ble Supreme Court to monitor executive action, severely impairs this Courts constitutional status and duty.

This Hon’ble Court has the power bestowed by the Constitution of India under Article 142 to undertake any measure to do complete justice. The show of helplessness does no justice to the motto of this court “Yato dharmastato Jaya

We address this letter because we believe that the Hon’ble Supreme Court’s failure to protect the rights of the hapless millions of migrant workers in March and its failure to scrutinize carefully the executives actions, which resulted  in them being compelling to stay in cramped unhygienic accommodation without employment and wages and often without proper food and with a much higher risk of Covid infection that severely and excessively impaired the fundamental rights of the poorest sections of our citizens. This situation was compounded by the Hon’ble Supreme Court’s Courts failure to intervene in mid-May when millions of migrant workers had commenced travelling home on foot, or by trucks.

We believe that the survival of Indian democracy and the rule of law, particularly in the current Covid-19 pandemic, is dependent on the Hon’ble Supreme Court actively fulfilling its constitutional obligation of being the guarantor of the fundamental rights of citizens against State action.

The migrant workers crisis is continuing even today, with millions still stranded on roads at railway stations and state borders. We urge the Hon’ble Supreme Court to intervene and ensure that adequate transport arrangements, food and shelter are immediately provided for by the Central and State governments free of cost. At this time, we recall the words of Martin Luther King Jr. who said “injustice anywhere is a threat to justice everywhere”.

Signed : Chidambaram, Prashant Bhushan, Iqbal Chagla, Aspi Chinoy, Mihir Desai, Janak Dwarkadas, Rajani Iyer, Yusuf Muchhala, Rajiv Patil, Navroz Seervai, Gayatri Singh, Anand Grover, Indira Jaising, Mohan Katarki, Sidharth Luthra, Santosh Paul, Mahalaxmi Pavani, Kapil Sibal, Chander Uday Singh, Vikas Singh, Sanjay Singhvi

 

In These Days when the whole human9ty is in the grip of Covid-19 pandemic, we remember how relevant was the warnings of Stephen Hawking, a great scientist and philosopher, in his last interview before death last year. According to him, the arrogant attitude of the political class he saw around him shall lead the intensifying ecological destruction to a catastrophe, to possible destruction of this species itself. But the capitalist-imperialist system which has succeeded to lead the re-creation of the whole world in its own image to its highest stage under aggressive neoliberal globalization during last four decades, boasting about reducing the world in to a globalized village with digitalization and utilization of intelligent machines reaching  commanding heights. They were happy about the accumulation of most of the wealth of the society and nature with the top 1%, about development of the most advanced weapons including nuclear weaponry capable of destroying this earth a hundred times, and the great cities with glittering malls, highways and techno parks they have developed. They were laughing at all suggestions that climate change, global warming like phenomena are manifestations of the ecological destruction caused by their brand of development, shall lead to global environmental catastrophe.

So, it was not surprising if Trump walked out of Kyoto Protocol, or last year, all imperialist leaders and junior partners assembled at Madrid almost dumped the talk about environmental dangers as rubbish propagated by ecological fundamentalists!  At the same time, in order to pacify the masses who were suffering under ever-intensifying climate change and global warming which had started all fields of life, all governments have their ministries of environment, not for protecting environment, but to find way outs to help the loot of what is left of the natural resources

But Covid19 threat has shattered the globalized world, forcing everyone to their corners, with continuous reminders of the need for body distancing, repeated hand washing, against touching your face with your hand, etc. What happened? Is nature finding out ways to wipe out a species which was claiming to have conquered it, how the SARS break out in 2003, MERS in 2012 and now more dangerous novel corona virus which spreads very fast are different from earlier pandemics in long human recorded history of five or more millennia, can  earlier viruses can mutate  under increasing climate change and paralyzing the humans, are the scientists who have warned against the appearance of more dangerous viruses which were dormant for many millennis with the breaking of the huge glazier in both poles under global warming correct etc were coming under for few days even in mainstream media.

But, as what is happening in China soon after it partially recovered from the Covid19 pandemic, and what we are seeing in US and almost all other countries including India, shows that the capitalist chieftons and their partners everywhere in power have once again pooh-poohed all these talks as happened with the SARS virus in 2003, MERS in 2012, or when super cyclone Amphan like serious natural calamities becoming very frequent, or when environmentalists put forward the dangers inherent in the devastating development policies they are pursuing, and have gone back to business as usual after impatiently waiting for the end of the lockdowns and even before any effective vaccines and medicines to control Covid19 are developed or the Covid spread in their countries are brought under control, Trump like neo-fascists are showing the way and still continue to lord over the working class and the oppressed people again, with all incentives from the state going to the corporate houses and elite classes, while the whole burden of the pandemic is being thrown to the backs of the masses once again as we are witnessing all around us. The bourgeois intellectuals may even claim it as another end of history!

Our Party Program points out (Chapter 2, first para)” …during this period (after 1947 transfer of power when our country came under neo-colonial domination), especially after the crisis of the 1970s, with the mad rush for exploitation of natural and human resources utilizing the unprecedented 

technological advances under the imperialist perspective of development, ever- intensifying ecological devastation has started becoming a major factor both at the international and the national level. It has given rise to a new, fifth major contradiction, at both international and national levels, the contradiction between capital and nature, along with the other four major contradictions…”, applying Marxist teachings to our concrete situation.

“3.7 Under neo-colonization, due to the policies implemented in the name of development which actually serve the interests of imperialists and their lackeys, ecological devastation has become an ever intensifying factor… 'Global warming' like phenomena and the nuclear catastrophe created by the nuclear arms race, existing nuclear plants which are 'nuclear time bombs' as once again proved by the meltdown of Fukushima nuclear plant in Japan. Refusing to learn from the intensification of the contradictions with Pakistan following the nuclear arms race started by it from Pokhran nuclear blast, presently Indian government has signed the nuclear agreement with the US imperialists, further surrendering whatever sovereignty the country had. The construction of new nuclear plants under imperialist dictates threatens further environmental disaster. The imperialists are dumping industrial and nuclear waste in countries like India. All these developments have made the struggle for ecological protection one of the basic components of social progress”

Again, while explaining the program of PDR, it is stated: “6.16 Based on the understanding that the contradiction between capital and nature has become a major contradiction at both national and international level, concrete plans should be worked out to protect environment and to develop the perspective on development taking this important question in to consideration”.

History teaches that, just because its barbarous character is more exposed, just because the vast masses of people are facing more brutal plunder and oppression, the ruling system is not going to change on its own will. As pointed out above, this truth based on facts is once again glaringly exposed before us, from the mad rush towards starting economic activities even when the burden of fighting against the pandemic is also almost thrown to the back of the people The only way out before the working class and all oppressed classes and sections, not only for putting an end to the present inhuman social system, but also for reversing the process of intensification of ecological catastrophe to save the human species from its extinction, is to overthrow the global capitalist imperialist system and its junior partners everywhere. Only through the accomplishment of this task, the working class and oppressed people can advance towards the only alternative before them, socialism according to present concrete conditions, to achieve a society without exploitation and based on people’s democracy

In continuation to Modi’s speech on 12th May announcing Rs 20 lakh crores stimulus package, the FM Nirmala Seetharaman has started explaining how this stimulus shall be implemented in a series of press conferences from 13th May. Today she has started this process, under the guise of self-reliance, a series of measures are announced for MSMEs after changing the definition by raising their investment and turnover limit. But, there was not even a mention of the informal and unorganised sectors. No Immediate relief for the dying many millions of migrant workers. No direct money transfer to the starving millions. At the same time, she announced many tax giveaways to middle classes. The state governments are completely ignored, when they are in extreme crisis on account of heavy responsibility to deal with COVID-19,  and nothing to rejuvenate their financial position.. There was not even mention of the question of distributing the GST arrears due to states. Her high sounding and rhetorical presentation, had nothing concrete for the most deprived. There is a reference to more liberalisation in FDI, labour, land and necessary legal changes for that. But details are not announced..

 

When the whole world is in lockdown, Modi has no other option other than appealing for becoming "Atmanirbhar" (self-reliance). On the other hand, the "Make in India" program, announced by him after ascending to power in 2014, has become a farce and that slogan was a cover for transforming India in to a dustbin/dumping ground for MNCs In view of the announcements yet  to come, especially related to liberalisation in FDI, labour laws, land acquisition, etc., the fate of Atmanirbhar is not going to be different. Meanwhile, the 15 items taken up today are oriented towards rejuvenating middle classes with tax exemptions and money availability while nothing is there for the most deprived inter-state migrant workers. No mention on the transfer of GST dues to State Govts. COVID is an opportunity for shoring up the vote banks for the ruling regime. In the name of atma-nirbharatha, Modi is continuing his organized plan to hoodwink the masses to implement the RSS agenda. When Covid19 broke out, not perturbed by another wave of its outbreak, as WHO and many scentists are warning, Modi is trying to strengthen his corporate fascist rule, helping the mad race of the foreign and native corporate forces for further accumulation of natural wealth. So, showing any feeling about the plight of the millions of migrant workers and their families is alien to Modi.

 

K N Ramachandran

General Secretary

CPI (ML) Redstar

 

New Delhi

13th May 2020

  1. The Covid 19 pandemic has already spread to all countries in the world. The number of patients is reaching around 2 million, and the dead more than 1,00, 000, with tens of millions under quarantine or isolation. Only in China, South Korea and Cuba these numbers started declining, with the first hot spot Wuhan removing lockdown after 76 days.  The West European countries, England and US are presently the main hot spots, with the US having the largest number of patients. The pandemic is still spreading with no end in sight. Everywhere stock markets are crashing, GDP growth rate falling and unemployment shooting up, raising the danger of global recession. The emergence of such viruses or mutation of old viruses, according to scientists, are taking place directly linked to the increasing climate change, as a result of plunder of nature by the global capitalist  imperialist system, with the drive  of  finance  capital for super maximization  of profit  reaching extreme limits, raising the threat of ecological catastrophe.

    The first case of Covid19 was confirmed in China by the end of December. The first case in India was detected in Kerala on 30th January among Wuhan evacuees.. But, in spite of WHO declaring Covid outbreak  as  Public  health  emergency  of international  concern  on 30th  January, the central government started screening and testing international passengers at airports from 6th March only. Even when WHO declared Covid19 as a Pandemic on 11th March, Modi government had not taken any serious steps to prepare the people for it. The screening and testing of international passengers formally started only on 6th March, but still not strictly enforced. This was because there were not enough testing kits. The procurement of new testing kits and the development and production of the same  was not approached with the urgency it deserved.

    In this situation, PM Modi addressing the nation on 19th March and calling for Janatha Curfew on 22nd March was an abrupt decision without  prior planning, preparation, and creating awareness, without taking the people or the state governments, or UTs in to confidence. As many of the state governments calling lockdowns from 23rd morning, a chaotic atmosphere was created. When the government had adopted the strategy of immediate and complete lock-down, it should have made adequate arrangements for the same. Subsequent events have shown that no arrangements had been made. No proper arrangements were made to reach food and essentials immediately to the people. No arrangements had been made to provide money to the people. No proper camps had been set up in adequate numbers. No arrangements had been made to reach migrant workers back to their villages safely and to test them or quarantine them in their villages.  No thought had been given to sick and infirm. Not only that,  even after 18 days of lockdown, such arrangements are still not in place. In short, the PM and the BJP government seems to have thought that they have to issue orders only for people to stay at home and people would fend for themselves even without stepping out of the house.  It was like ambushing the workers. When the workers decided to walk back with great hardship as there were no adequate arrangements for them, they were met by brute force by the police and put into camps resembling concentration camps, with many thousands more stranded at different places.  There are reports that the facilities and food at such camps are sub-human. This was the worst possible way to tackle the problem.

    On the one hand, when the FCI godowns have 75 million ton of old stock of food grains, the state governments are not given sufficient quantity of food grains for issuing free and adequate supply of rations to people. The almost 30 crores of jobless people in the slums, in the shelters and at different centers where the workers are stranded are not getting sufficient food or medi-care. The workers who lost jobs are not given wages. No allowances are given to all others who lost jobs also. In this situation starvation deaths may take place at any time. It is like throwing casual/contract workers and toiling masses in to ventilator along with the whole economy.

    Now, by 11th April, the number of Covid patients have crossed 7,000 and th dead 200, with the pandemic spreading to more areas. On 3rd March the WHO had issued a statement asking for industry to increase production of face masks and for Governments to give incentives to industry for this. But, the central government has given no incentive for this. For production of ventilators also no grant or incentive has been given. For all this the Government is clearly responsible.   No immediate measures were taken to supply safety gears and essential items even to doctors and medical staff, leading to unusually large number of them getting infected and hospitalized even now. In spite of being warned months before, the central government could not take measures to procure necessary medicines and equipments including testing kits and ventilators when they are needed.. So, when in south Korea  testing rates are 7659 for one  million,  it is only 32 in India. It is in this context, the controversy with regard to export of Choloroqine to US should be seen. As internationalists, we are for helping the different countries at this difficult juncture, by providing medicines also. So, we consider it  was wrong on the part of Modi government to put a total ban on all exports of medicines and equipment in the first place. But,  then to withdraw it in the face of Trump’s open threat was pathetic. 

    At the same time, while all these glaring weaknesses of the Modi government to confront the Covid threat were getting exposed, similar to what RSS/BJP did during the anti-CAA movement, they made conscious efforts to blatantly use the Tablighi Jamaat incident to spread Islamophobia to divert attention of the people. While Tablighi leaders deserves criticism for their unserious approach about it, it is the the Delhi government and Delhi police mainly responsible for creating such a situation. At the same time, the call for observing 9 minutes at 9 pm on 5th April during Ram Navami week was religious in itself as lighting of diyas has Hindu religious significance. For receiving contributions for relief, when already there is PM Relied Fund, there was no need to make a new fund, PM Cares. These steps by the BJP leadership did not in any way help in mobilizing all the people in the fight against Covid19.

    In this grave situation, from the time PM Modi announced on 19h March to observe the Janatha Curfew on 22nd March, in spite of all our ccriticisms against the way his government handled the fight against Covid19, the CPI(ML) Red Star along with class/mass organizations are active in the relief work in whichever way possible. It is in this context, the Central Committee of the CPI(ML) Red Star is putting forward following proposals and demands before the central and state governments for urgent necessary action. All party committees are called upon to continue their involvement in the relief work, and to campaign among the people and mobilize them for realization of these demands:                 

                                    Our Proposals and demands are:

    1. We propose to the central government that all important decisions regarding the fight against Covid19 should be taken in consultation with the state governments in accordance with the spirit of federalism, as it is the state governments and the Union Territories’ administration who are in the forefront taking the full burden of screening, testing, isolating, quarantining and treating of the suspects and patients, arranging shelters and food for the migrant workers, ration for people etc. We also propose that for implementation of the relief work, the central government should maintain regular communication with state governments, between  ruling and opposition  parties,   between government and mass organizations and  civil societies,   and mobilize people’s involvement  wherever necessary.  We propose to the state governments and administration of the UTs to form people’s committees, involving political parties, trade unions, women’s groups, youth, mass organizations and volunteer forces along with local body members, at  the local/grassroots level, for preparing and distributing food, for making medicines, shelter and other essential amenities available to the needy and for coordinating such activities avoiding bureaucratic delays.
  2. The Covid19 pandemic is a grave national disaster. To fight against it and to provide relief to people requires enormous funds. So, the economic package of Rs. 1.7 lakh crore announced by the Modi government amounts to nothing. For providing Rs 8,000 per month for three months to 25 crore workers’ families requires around 6 lakh crores. Another 3 lakh crores for medical expenses, camps expenses, etc.  Allowances for the migrant workers in the informal sectors like hawkers etc, to slum dwellers, fisher people, to the rural poor, assistance to farmers etc requires about 6 lakhs crore. So, totally atleast Rs. 15 lakh crores is required.  Our proposals are: Through taxation of or contributions from temples, matts, churches, masjids, Gurudwaras, etc Rs. 2 lakh crores; As taxation of corporates was almost 7 lakh crores last year, a  50% increase in corporate tax for this year will yield around 3.5 lakh crores; We can take it that the PM Care and PM Relief Fund has already got Rs. 1 lakh crore in it; All unnecessary and avoidable expenses like Rs. 20,000 crore beautification fund for Luwten at New Delhi, MPs’ fund etc. also yield one lakh crore; The remaining amount can be taken from the huge foreign exchange reserves of over $ 480 billion we have.
  3. Even 20 days after the clamping of countrywide lockdown, the central government has not come out so far with any concrete proposals about what it intends to do after the completion of the 21 days’ lockdown. While many state governments have suggested continuation of lockout in their states, there are also opinions supporting the selective withdrawal of lockdown after 14thApril as was done in China and now in South Korea and some other countries. Our proposal is, whatever decision is taken, it should be based on the opinion of the experts, scientists and doctors. It should not be a political decision as was done by Modi government till now. Meanwhile, categorisation of different areas in the country according to COVID risks can be looked in to. Hot spots/infection cluster can be locked down  to avoid community spread. 
  4. Make arrangements for increasing testing as WHO repeatedly point out. Many places need facilities for testing for doubtful cases. For this test kits, doctors, medical staff, etc should be made available. Testing and everything connected with the pandemic should be free. Isolating the hot spots, intensify testing including random testing using rapid test kits. Implement isolation and quarantine of all suspects, better treatment and food to patients, make all medical requirements available everywhere and utilize services of medical and nursing students and other volunteers. We demand that the state government should take control of all private hospitals to speed up testing and treatment of the patients. Ensure adequate pay, allowance and compensation for doctors and medical and paramedical staff with.
  5. We demand the following for the workers:
    1. Issue an ordinance immediately to treat the full period of the lockdown as period on duty for all workers including contract workers, casual workers, NEEM workers, etc. All must be paid full wages for this period. Non-payment of such a wage to any person who was working as on 10thMarch 2020 will be a punishable offence besides attracting interest and penalty.
    2. Declare a moratorium on closures, lock-outs, strikes, lay-offs, etc pending the lockdown.
    3. Give payment of Rs. 8000 per month, every month till the lifting of the lockdown to all workers who are unemployed / rendered unemployed during this period.
  6. We demand that for MSMEs the government must give support of Rs. 8000 per month for each worker, provided that they pay the full wages to all workers. This may be applicable to all establishments wherein less than 100 workers are employed and whose average (PF) wage is below Rs. 15000 per month (this was also the criterion in the speech of the FM to define small establishments).  This will not be an extra expenditure for the Government  as these  workers come within the 25 crore families to be helped.
  7. For peasantry :
    1. The Government must immediately fix Minimum support prices and must make arrangements for procuring the food grains of the peasantry directly at such minimum support prices as the Rabi crop is now due for cutting.
    2. Immediate help must be given to peasantry by extending the moratorium on loans which has already been declared for 3 months to 6 months. This must cover not just the principal but the interest also. (This means that the banks will get the same emi in September which was to be paid in March and for the same period. Only the payment is deferred).
    3. Enhance the minimum daily payment to MNREGA workers to Rs. 500, increase the number of days of work to 240, with the central government increasing its support to the states/UTs
  8. For the urban poor :
    1. Immediate camps must be set up to allow them to obtain food, medicines and essentials free of cost or at cheap rates in each slum. Such camps must be well stocked and must be the responsibility of the state Government
    2. Such camps must be in all areas and must be with arrangements for staying. People must have the choice to either stay or obtain food from there.
    3. All rents must be waived by an ordinance for the period of the lockdown.
    4. For those who want to go back to their villages, proper arrangements with physical distancing must be made.
  9. Medical Demands :
    1. Medical personnel must be provided proper gear and all necessary equipment without stint
    2. Testing must be increased to around one per thousand of the population. Only such testing will allow for proper control
    3. The period of lockdown must be used for extensive testing and identifying the sites most vulnerable. The rest of the country can be slowly allowed to come out of lockdown in a scientific manner
    4. The production of sufficient equipment and drugs must be provided for either by incentives or any other means.
  10. Millions of Indian workers are stranded in labour camps in the gulf countries. It is reported that infected persons are also living in the same room where upto 20 workers stay. No free treatment is available to them. The governments there have offered all help to evacuate these workers. The Central and state govts should take immediate steps for their earliest repatriation, and arrangement of proper shelters and medical treatment till then.
  11. When the country is facing a pandemic of unprecedented dimension, most of the burden has come over the poorest sections and the toiling classes . The administration and police should ensure that all atrocities against them should be stopped and that they are treated with compassion. Take action against those who indulged in violence against them.
  12. We demand that all attempts to create communal division using the isolated Tablighi Jamaat incident,should be stopped.
  13. As Indian jails are overcrowded, social distancing and treatment for Covid19 is impossible there. We demand that all political prisoners, all under trials and convicted prisoners should be released on parole during the perod of lockdown.
  14. Utilizing the scarcity created during the lockdown, hoarders, black marketers and speculators are creating further difficulty to people. They should be firmly put down.
  15. At a time when scientific temper should be strengthened, making people aware to follow scientific medical instructions and hygienic habits, strict action should be taken against all those who spread superstitious ideas. All religious assemblies of more than four, of all denominations, affecting the fight against Covid19 should be strictly stopped.
  16. We demand that the central government should develop the facilities with the ICMR to develop medicine for this pandemic. India should join the international solidarity of nations headed by WHO in the ongoing coordinated effort to develop anti-Corona vaccine at the earliest.

 

KN Ramachandran,

General Secretary,

For the Central Committee, CPI (ML) Redstar

11th April 2020

As the socio-economic crisis arising from the outbreak of the COVID-19 pandemic, and the sudden declaration of lockdown is intensifying very fast.  It is also threatening the very sustenance of millions of toiling and oppressed people. Instead of properly addressing this question and announcing an adequate economic package, Prime minister Modi is once again cunningly trying to divert people's attention from the horrific situation by resorting to obscurantist practices that have no scientific basis. If banging vessels and clasping hands were his earlier proposals, today his suggestion is to switch off lights and lighting of torches for 9 minutes at 9 pm on April 5. Together with these, with the backing of corporate-saffron media, concerted efforts are in full swing to target the Muslims and communalize the whole situation by characterizing Corona as “Tabliighi virus” even as all avenues are extended to Majoritarian forces to carry forward their Hindutva programs throughout the country.  In this context, we reiterate the following demands to simultaneously confront both, the Corona and the economic pandemic:-

Firstly, rather than planning an extension of present lockdown, immediate arrangements should be made for implementing the screening, testing, isolation method as repeatedly suggested by WHO, especially taking the concrete Indian social situation in to account. Efforts should be taken on a war-footing to test as much as possible of the population free of cost by procuring and developing cheap and portable testing-kits, and involving all private hospitals together with the public sector ones in the country. For this, the centre and state govts should go for take-over of buildings, halls etc held by private and corporate sector, and providing make-shift kitchens and other facilities.

 Secondly, make all-out effort for urgent procurement of the required medical equipment for doctors and medical staff, including masks, sanitizers, together with ensuring uninterrupted supply of medicines as required at free of cost to the broad masses.  The govt. should ensure the protection of doctors and medical and paramedical staff with adequate pay, allowance and compensation. 

Thirdly, in accordance with federal principles, the Centre should take the state govts in to confidence in all initiatives connected with the ‘war against the Corona pandemic’.  Especially, in view of the diversities of the country the state govts  should have the major responsibility for screening, testing, isolation, quarantine and treatment. The provision of food and medicines to the needy at the local level can be efficiently carried out only by the states for which immediate fund devolution to state governments is an indispensable task on the part of the central regime.  At the local/grassroots level, for making food, medicines, shelter and other essential amenities to the needy and for coordinating such activities, the state govts should encourage the formation of peoples committees, involving political parties, trade unions, women’s groups, youth, mass organisations and volunteer forces along with local body representatives.

Fourthly, the 21-day lockdown imposed without any preparation and in gross disregard of the social conditions of India has pushed the migrant and daily workers, slum dwellers, casual and unorganized workers comprising around one-third of Indian population who find it difficult to meet their both ends even in a routine situation in to a horrific condition. Together with them, the already marginalized dalits, adivasis, fisher people, craftsmen, hawkers, kirana-retailers, rag-pickers, etc. are there. Adequate measures are urgently needed for ensuring the livelihood of them who are stranded at various places including towns and urban centres. Immediate steps are required to provide their wages and earnings at least for three months or until the Corona threat is over.

Fifthly, in view of the enormous expenditures especially on the part of the state govts, a sufficient economic/rescue package should be announced immediately by the Central govt. in addition to the meagre one percent of the GST (more than half of which was already incorporated into the current budget through such schemes as employment guarantee) announced by the finance minister. Together with this, the food-stocks with the centre should be urgently released for free distribution through state govts among the poor for whom the hunger virus is more deadly.  Further, hoarders, black marketers and speculators in food grains, essential goods should be strictly dealt with. All religious assemblies of more than four, of all denominations, and all other assemblies should be strictly stopped.

Sixthly, the central government should develop the facilities with the ICMR, involving all available expert scientists to develop medicine for this pandemic, instead of waiting for US or China or some others to develop it. India should urgently join with international SOLIDARITY of nations headed by WHO in the ongoing coordinated effort to develop the anti-Corona vaccine at the earliest, instead of clinging to the apron-strings of US. Scientific research on the root-cause of the emergence of the COVID-19 pandemic and its inseparable link with climate change is also needed.

Instead of approaching the COVID-19 pandemic from such a scientific and pro-people perspective and without even mentioning the unprecedented life-threatening situation of the deprived and marginalized, with appeals like switch off lights and light torches, Modi is once again shirking his entire responsibility as the PM. He must at least know that even according to official estimates, 18 % of the 135 crore Indian people (around 25 crore) have no electricity connection and many of those with connection have no regular power supply. By this gimmick, he is once again trying to divert people attention from the badly needed rescue package for appropriate medical intervention and for the survival of the millions of hungry people in this country. During the past six years, through tax-exemptions, direct money transfers, transfer of national assets, creation of NPAs and through a series of stimulus packages, Modi has transferred millions of crores of public money into corporate coffers. So, now in the present grave situation we should demand that a portion of this immense wealth transferred to corporates should be appropriated back to fund the urgent tasks. Instead, Modi’s intention is to put the whole burden of the pandemic on the backs of the already devastated common people. At this critical juncture, we appeal to the working class and all oppressed people, together with all those who stand with them, to come forward to expose and defeat the anti-people maneuvers of Modi regime led by corporate-saffron forces, so that together we can confront the grave challenge from both the corona virus as well as the economic virus.

KN Ramachandran,

General Secretary

CPI(ML) Red Star

 

New Delhi

3rd April 2020

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The Communist movement in India has a history of almost a century after the salvos of October Revolution in Russia brought Marxism-Leninism to the people of India who were engaged in the national liberation struggle against the British colonialists. It is a complex and chequered history.