A few days back I received
two messages through WhatsApp from an activist friend of mine. One of them was about the ordinary folks’
penchant for cheap stuff, even in the matter of food stuffs which may be
injurious to their health. He was mentioning specifically about coconut oil. He
has a coconut farm and he says that it costs Rs 250/- to market a kilogram of
pure coconut oil. He laments that people would prefer to buy adulterated
coconut oil at Rs 225/- per kg and ruin their health than go for the pure variety
which was good for health.
I recollected my own
intervention in the matter of 6 lakh kgs of pepper that had been ordered to be
burnt by the Food Safety Commissioner (FSC) of Kerala because it had been
colored with mineral oil and polished with paraffin wax, both known to be
cancerogenous. Almost four years later it was reported that the pepper was to
be cleaned under the supervision of the Food Safety Commissioner.
On pursuing under the
Right to Information Act, the following facts were revealed. One, the order for
cleaning the adulterated pepper had been given by a single judge bench of the
Kerala High Court. Two, the FSC had identified a caffeine processing plant in
Palakkad as the only facility for this cleaning. Three, the cleaning was done
by washing with detergent followed by rinsing with clean water.
The information not
provided include, the copies of test results that made the FSC order the
burning of 6 lakh kgs of pepper in the first place and the test results after
the cleaning.
The last that was heard
about the cleaned pepper was that it was found unsuitable for export and hence
would be sold in the local market itself.
This episode can be closed
with two questions: one, does pepper that is unfit for consumption by
foreigners become fit for consumption by locals? Two, can the spices be removed
from pickled vegetables by washing with detergent and rinsing with clean water?
Coming to the second
question, which should rightly be answered by the judge of the Kerala High
Court who ordered the cleaning of the pepper, there is another case that comes
to mind.
In the matter of the
Hindustan Coca Cola Beverages Ltd (Coca Cola Company, for short) which was
accused of overdrawing the underground water at Plachimada, a single judge
bench of Kerala High Court had ruled that the company could not overdraw ground
water as it would lead to water scarcity in the neighborhood. A division bench
of the same high court later ruled in favor of the company stating that the
right of a company to draw water from its property even for commercial uses is
the same as the right of an individual to draw water from his property for
personal consumption.
Back to my activist friend
and his second message.
Here he has openly warned
other activists from interfering with illegal mining mafia saying that they
should be prepared for being framed in false cases by the police working in
nexus with such mafia as well as being assaulted by the goons of such mafia
while the police looked the other way.
Here also I have my own
experience to narrate.
It happened more than
decade back. Somebody from the outskirts of my town informed of an illegal
quarry working in his neighborhood causing damages to the houses there and
pollution too. He had informed me that he had complained to the local Kasaba
Police and to the Revenue Divisional Officer (RDO). After visiting the site
with him I pursued a few applications under the RTI Act.
The RDO informed me that
the matter had been reported to the Mining and Geology Office in the district.
This office informed me that their officials had visited the site and, finding
the quarrying illegal, had directed the police to take necessary action. The
police informed me that they had never received any complaints.
As facts stood it was the
responsibility of the Mining and Geology Department to prosecute the offenders.
Even the RDO could have punished them within his powers.
However, even though no
one was learnt to have been punished, the quarrying had been stopped
eventually. I too had then got a veiled threat from the mafia which I could
only dismiss with the contempt it deserved.
Activists, I must say, are
among the best citizens in any democracy. Not just because I consider myself to
be one. Knowledgeable people have said that alert citizens are essential for
the success of any democracy. Also, that eternal vigilance is the price of
liberty. So, it comes as no surprise that activists are persona non grata for
our so-called public servants who have continued to live in the inherited dream
world of our colonial past. But the misfortune is that it is not only activists
who are kababi ki haddi for our public servants. Just to prove this point here
is the story of Krisna, a farm laborer, on social security pension, who got
bitten by a stray dog and his fight for being compensated.
Krisna was sitting in
front of his hut when a stray dog rushed in and gave a bite. He was rushed to
the District Hospital where they did not have the anti-rabies serum for
injection. He went to the medical college where they got him to buy the serum
from a private pharmacy for about Rs 14,000/-.
On the advice of a
friendly neighborhood activist (FNA) he sent a demand for reimbursement of the
cost of medicine to the office of State’s Health Minister. Soon he got an
intimation that the claim had been forwarded to the District Medical Officer
(DMO) for necessary action. He was glad that he would soon receive the
reimbursement. But he was disappointed as there was no response from the DMO’s office.
Guided by the FNA, he applied
under the Right to Information (RTI) Act to the DMO’s office to find out what
action had been taken on the letter from the Health Minister’s office. To his
horror he was informed that they had not received any such letter.
He submitted an appeal to
the DMO’s office. They wrote back asking him to provide a copy of his
application and the reply by their Public Information Officer. Since these
documents were available in their office, Krisna submitted the next appeal to the
State’s Information Commission. This was dismissed. Arbitrarily, no doubt.
Krisna then applied under
the RTI Act to the minister’s office, seeking to know the details of the
posting of the letter to the DMO’s office and also of any reply received from
the latter. No response was received. A complaint to the Information Commission
was also arbitrarily dismissed.
Persevering, with the
support of the FNA of course, Krisna complained to the District Collector. It
got routed to the DMO, District Hospital and finally to the Medical College,
with nothing useful coming out of the effort.
It was around that time
that the then Chief Minister, Ommen Chandy, decided to hold one of his Public
Contact Programs in the district. The modus operandi was the citizens could
submit their complaints or applications to the District Collector, who in turn
would route them to the concerned public servants. On the day of the Contact
Program all public authorities would set up their stalls and through these
stalls the replies to the complaints would be distributed. Those who were not
satisfied with the reply could meet the CM.
Krisna’s complaint was
routed to the Tehsildar and he was told to contact their office the next
working day. Not knowing what to do he decided to meet the CM. He did not get
the opportunity. The next day’s media reports announced how the CM left the
venue late at night after seeing the last citizen who had wanted to meet him.
Krisna went to the
Tehsildar’s office 4-5 times spread over two weeks before he got fed up.
There is quote that goes
‘fortune favors the brave’. May be, it also favors also the persistent.
On a PIL, against the
apathy of the government to control stray dog menace, the apex court appointed
a one-man judicial committee to inquire into the menace and to suggest
compensation to the victims.
Krisna approached the
Committee through an NGO. Two years later, and 7 years after his initial
application to the Health Minister, the Municipality paid him about Rs 47,000/-
on the direction of the Committee.
Tailpiece: This is one of
the rare judicial committees whose reports have been acted upon. This committee
which was constituted as per order dated 05/04/2016 in IA 4/2015 in WP (C)
599/2015, was known to be functional even as on 20/04/2019. Since there are no
media reports on the activities of the Committee it is not known whether it is
continuing even now or not. But there are plenty of stray dog bite cases being
reported in the media.
29/05/2020
P M Ravindran; raviforjustice@gmail.com
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