Goenchi Mati Manifesto calling all political parties in Goa to protect children’s inheritance

  

Prakash Kamat

Panaji , December 6-In the light of Goa Chief Minister Pramod Sawant’s announcement about the restart of iron ore mining, the Goenchi Mati Movement asks all political parties and Goans to support its Manifesto For Fair Mining. 

The Goenchi Mati Movement is asking for the implementation of some simple Constitutional principles in the management of our natural resources, especially the State of Goa's mineral wealth. The Movement requests all people-friendly political parties to support and to incorporate the Goenchi Mati Manifesto into their party platforms. We have developed a win-win solution to a very vexed issue (mining) that is of great importance and concern to voters.  While the manifesto was developed in 2016, it remains valid even today.

The manifesto revolves around the Goenchi Mati Principles, which are:

1.    We, the people of Goa, own the mineral in common. The state government is merely a trustee of natural resources for the people and especially future generations (Public Trust Doctrine).

2.    As we have inherited the minerals, we are simply custodians and must pass them on to future generations (Intergenerational Equity).

3.    Therefore, if we mine and we sell our mineral resources, we must ensure zero loss, ie. capture of the full economic rent (sale price minus cost of extraction, cost including reasonable profit for miner). Any loss is a loss to all of us and our future generations.

4.    All receipts from minerals must be saved in the Goenchi Mati Permanent Fund. Similar proposals are already implemented all over the globe. Like the minerals, the Permanent Fund will also be part of the commons. The Supreme Court has ordered the creation of a Permanent Fund for Goan iron ore and already Rs. 94 crores is deposited.

5.    Any real income (after inflation) from the Goenchi Mati Permanent Fund must only be distributed to all as a right of ownership, a Citizen's Dividend. This is like the comunidade zonn, but paid to everyone.

6.    The implementation of these principles will be done in a transparent participatory process with the people of Goa.

The manifesto revolves around the implementation of the Intergenerational Equity (IE) principle, which calls on Goans to ensure that our future generations inherit at least as much as we did. It provides an economically beneficial plan on mining going forward. It also suggests an interim plan for mining dependent. It places a priority for dump mining and land restoration over fresh mining. And concerns of the mining affected are also reflected.

Further, we believe this manifesto produces a fair outcome for all mining stakeholders. In summary,

- Mining dependent will benefit

- Mining affected will benefit

- Government of Goa will benefit

- People of Goa will benefit

- Future citizens of Goa will benefit

- Miners can get up to 20% return but not beyond.

 

Andrea Rodericks from the Goenchi Mati Movement said: “The Goenchi Mati Manifesto proposes a model for mining that honors our constitution and protects the rights of the children and of future generations of Goa. It also dramatically reduces the potential for looting that is associated with mining, which has caused tremendous environmental, economic and social damage in Goa. We call on all political parties and all independent MLAs to explicitly support our Manifesto. This is the future we need, we have a vision for our future, now it requires political will and support.”

Rahul Basu from the Goenchi Mati Movement said: “Supporting the manifesto is a critical step in changing the trajectory of Goa’s society and economy. Goa has the opportunity to be a beacon of hope in a dark world. I hope Goans from all walks of life, especially the mining dependent, the mining affected, the business community, and anyone who cares about what is right show leadership and courage and publicly support our manifesto.”

Mr. Basu said that the Goenchi Mati Manifesto is available at goenchimati.org/manifesto. It is available in English, Devnagari  & Romi Konkani, Marathi, Hindi, Portuguese and Kannada. Audio versions are available in Konkani, Marathi & Hindi.

"Show your support at goenchimati.org/support. Aamchi Mati Aamka Zai,"says Mr. Basu.(eom)

 

Revoke the clearances related to Mollem and then start discussions: Youth of Goa Forum tells Goa govt

Gabriella D'cruz , Princy Fadte, Valerie Afonso, amongst others,addressing press conference on Saturday

Prakassh Kamat

Panaji,December 5- Youngsters under the banner of The Youth from across Goa ,on Saturday urged every single Goan and lover of our precious Goa to put "your age, religion, and political affiliation aside and RISE AS ONE GOA to protect Goa.

Addressing a press conference in the city, the group of youngsters said,"Our first and main demand to the government is that we ask you to stop tokenism about engagement with us. You can’t approve a project ‘in public interest’ without both due process and our consent and then tell us we can talk about it. It is clear: First, revoke the clearances related to Mollem and then start discussions.

In a strongly-worded press release issued at the press conference, the representatives of youth, inter alia, said, "On one hand you put up the Goa State Action Plan for Climate Change and ask for comments and on the other you say you will go ahead with the projects despite the youth (along with scientists, doctors, lawyers, architects, veterinarians and so many more) sending numerous representations citing the irreversible damages of destroying Mollem National Park and Bhagwan Mahavir Wildlife Sanctuary, which is Goa’s largest protected area, that is part of a Global Biodiversity Hotspot."

The Intergovernmental Panel on Climate Change (IPCC) in 2019 shows how the Western Ghats gives us resilience to climate change and will allow for better adaptation against the effects of climate change. By not revoking clearances and destroying the Western Ghats, you are destroying our future and this tokenism is not only blatantly apparent but also contradictory in nature, said the press release.

Our goals and values as the youth of Goa are clear, our vision for development does not involve destroying forest and we will strive to safeguard and create a Goa that future generations can thrive in. We will  not compromise on our intergenerational equity; Our natural resources are our shared inheritance and it is the duty of the present government and all of us in Goa to ensure that future generations inherit at least as much as we did of a state that is truly worth fighting for.

Many times the Goa government has tried to feign ignorance about these Mollem projects as being Central projects and we will not allow you to feign ignorance anymore. Be brave enough to take responsibility. Stop passing the buck. We would like to categorically state that the Goa Government knows about these three proposals from its inception. In fact they have forwarded these proposals based on approval granted by the Chief Wildlife Warden and recommendation of Goa State Board for Wildlife to the Central Government. We like to remind the government to remind themselves of our treasured Constitution of India.  As per the Seventh Schedule of the Constitution, our forests and wildlife appear on the concurrent list. Thus the State and Centre has equal power to take decision on them and moreover the final decision on forest diversion lies with the State.

We now to ask the government of Goa to stop this widespread destruction and we are willing to tell them the process on how they can do it. 

We first ask you- the Chief Minister of Goa who is the Chairperson of the State Wildlife Advisory Board- to send an immediate representation to the Union Minister of Environment and Forests who is the Chairperson of the National Board of Wildlife to scrap the wildlife clearances granted to the three linear infrastructure projects. You need to send a similar representation to the Regional Committee of Ministry of Environment and Forests and Climate Change at Bengaluru to ask them to quash the forest clearances granted for Mapusa-Xeldem transmission line, Xeldem-Xeldem transmission line and the approach road to the substation at Sangod.

Apart from these two relatively simple and straight forward letters that we put forth as a demand, we ask you to direct the Goa Forest Department not to issue any work orders to fell trees for the Goa Tamnar transmission line and to stop-all work related to railway double tracking on non-forest land, else you will have to face our agitations and uprising of many more youth from across Goa. 

To sum up, the final and easiest step to revoke these clearances, to both the Chief Minister and the Forest Minister, you only need to direct the Goa Forest Department to return these proposals back to Goa Tamnar, South Western Railways and the PWD.

Through the fight ffor#Amche Mollem we remember that we stand for something that is bigger than each of us and a Goa that is part of each of us. We are not only doing the right thing for our State but we are doing it together to stop the widespread destruction of our forests that matter to each of us. Ultimately, we are the youth. We envision a thriving planet for ourselves and our children yet to come. You may constantly say that these protests are politically motivated, or influenced by a foreign hand. Please stop cowering behind these excuses and be courageous enough to accept that we, the youth, are fighting now for our planet, our only home and our future. And you, who forget you are our representatives but deluded by being ‘in power’, are taking this future away from us.

We ask once again for our voices to be heard and these clearances to be revoked, else in the days ahead, our voices will only get stronger,warned the press release.(eom)

Goa Disability Rights body urges Chief Minister to address long pending issues of PswD

Prakash Kamat

Panaji,December 1-- Barely two days ahead of the International Day of Persons with Disability(PswD),on Tuesday, the Disability Rights Association of Goa(DRAG),a disabled persons organization working with the main objective of bringing people with disability into the mainstream society has written to Goa Chief Minister Pramod Sawant inviting his attention to the several issues of PswD in Goa, pending for long to be attended to by his government.

Goa has 33,000 persons with disability as per Census 2011 which covered only 7 disabilities as per the Persons with Disability Act 1995. In 2017 Goa endirsed the Rights of Persons with Disability Act, 2016, which covers 21 disabilities. It is estimated that Goa has around 45,000 persons with disability as per the new act. As we are not able to get a personal hearing with you even after 20 days and the International Day of Persons with Disability is fast approaching, we are giving herebelow a list of issues of the disability sector which have been pending for a very long time:

1. Appointment of a full time State disability commissioner with appropriate staff:Many disability issues are pending because we do not have a full time State disability Commissioner with appropriate staff for the last two years. Applications for the post of full time State Disability Commissioner were invited in May 2020 but the appointment is not yet finalized.

2.   Separate cell in various government departments for persons with disability:There is a need for a separate cell in every department especially education, labour, transport, trade and commerce, tourism, health and sports departments to handle disability related matters because specialized knowledge of the subject is required.

3.      Certification of new disabilities:The Rights of Persons with Disability Act 2016 has brought under its ambit 14 new disabilities out of which 10 disabilities are not yet being certified in Goa as a result people with these disabilities are not getting disability benefits from education and social welfare departments

4.      Blood separators in District Hospitals:There is a severe need for blood separators in district hospitals as children with thalessmia are forced to travel all the way to Goa Medical College for blood transfusion as they are the only hospital which has a blood separator.

5.      NOC for special educators:Directorate of Education is always delaying in issuing No Objection Certificate for the appointment of special educators as a result of which education of special children is affected. There is a need to issue it on time.

6.      Accessibility in buildings, communication, websites:  Twenty-five years of the Persons with Disability Act ,1995 has passed but public buildings are not yet accessible for persons with disability. Goa was to make 30 public buildings accessible under the Accessible India Campaign by 2017 but nothing has been done till date even though Rs. 4 crores has been received from Central Government for the project. 

"We cannot think of education, employment or entertainment of persons with disability if there is no accessibility of public buildings, communication and websites as mandated under the law," says DRAG.

7.      Revision of schemes for welfare of persons with disability:The schemes for welfare of persons with disability have not been revised for last 15 years. There is an urgent need to revise the schemes to keep up with the cost of living.

8.      Release of DSS and NSAP payments:Persons with disability have not received their Dayanand Social Security money for the last over three months. Many of them are having a hard time as this is their only source of income. Prime Minister Narendra Modi had announced Rs. 1,000/- as COVID relief under National Social Assistance Programme. This also has not yet been disbursed in Goa.

9.      Subsidy for marketing of products made by persons with disability:There are lots of products made by persons with disability including the special children. There is a need to provide subsidy in raw materials for products made by them so that their rates can be competitive.

10.  Land for Sheltered workshops for persons with disability and homes for persons with disability:There is a severe need for sheltered workshops and homes for persons with disability who have no one to look after them. We request you to allot land to NGOs for this purpose.

President if DRAG, Avelino de Sa, in his letter, copies of which has been marked to Minister for Social Wekfare Milind Naik and Secretary, Goa Department of Social Welfare, has hoped that the Chief Minister will look into the above issues and resolve them at the earliest.(eom)

CENTRE MUST AMEND INDIA’S TOBACCO CONTROL ACT,demands NOTE(India)

Prakash Kamat

Panaji, November 26- A new report titled “Tobacco Control Law in India – Origins and Proposed Reforms” released on Tuesday revealed that there are glaring gaps in the existing tobacco control legislation COTPA 2003. Smoking areas are allowed in restaurants, hotels and airports despite a ban on smoking places in India; tobacco advertisements and products are prominently displayed in stores and kiosks despite a ban on advertising; the existing penalties under COTPA 2003 are not sufficient; sale of single stick cigarettes and other loose tobacco products is the norm in India; emission yields which are displayed on cigarette packets often give a misleading impression are some of the gaps in the existing tobacco control legislation COTPA 2003, which makes it ineffective for regulating tobacco consumption and exposure to second hand smoke in India, revealed the report.

The report released by the National Law School of India University (NLSIU), analyzed the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA 2003). This report is intended as a comprehensive analysis of COTPA 2003, identifying the gaps therein, and proposing reforms which are in consonance with the recommendations of the parliamentary committees, best practices adopted by other countries and the guidelines specified under the global public health treaty on tobacco control, World Health Organization Framework Convention on Tobacco Control (WHO FCTC).

"The harmful effects of tobacco use are well established and accepted globally.  Through this Report the Chair on Consumer Law and Practice, NLSIU has made a rigorous effort to identify gaps in the existing tobacco control laws of India (COTPA 2003). 

The Report recommends legislative reforms based on the global public health treaty, FCTC, to which India is a signatory as well as best practices adopted by other countries.  

"We hope that the Government will consider these recommendations while proposing a comprehensive COTPA Amendment Bill”, said Prof. (Dr.) Sudhir Krishnaswamy, Vice Chancellor, NLSIU.

NLSIU report has proposed the following recommendations for COTPA amendment: Prohibit designated smoking areas by removing the provision that allows for any smoking areas or spaces; prohibit all point of sale advertising; prohibit tobacco product displays in stores and kiosks; specify that advertising is banned in new internet based medium; prohibit all tobacco company sponsorship including corporate social responsibility activities; prohibit the display of emission yield figures; regulate contents and emissions including a ban on all flavored tobacco; allow for greater regulation of tobacco packaging; increase the age of sale from 18 to 21; prohibit the sale of single sticks, loose tobacco or smaller packs and increase the penalties for violations.

"Medical science clearly recognizes tobacco as the single most significant cause of mortality and morbidity across the globe. The State`s primary duty is of improving and protecting public health under the Constitution of India. The recommendations from the NLSIU report need to be implemented urgently and immediately if India is serious about reducing tobacco use and protect Right to Health guaranteed by Article 21 of the Constitution of India,” said J. Venkatachaliah, former Chief Justice of India. “It is critical that the Ministry of Health and Family Welfare looks into the amendment of COTPA 2003 to fulfil India’s obligation under the FCTC and also align with the State`s primary duty of improving and protecting public health under the Constitution of India,” he said further.

COTPA, 2003 was enacted to prohibit advertisement of, and to provide for the regulation of trade and commerce in, and production, supply and distribution of cigarettes and other tobacco products in India as well as to discourage the use or consumption of tobacco products and to improve public health in general. The Act intended as a comprehensive law on tobacco control was adopted over 15 years ago but with the passage of time, lacunas in the Act have become apparent and proved to be a major challenge in its effective implementation. These gaps in the current law are highlighted by the WHO Report on the Tobacco Epidemic (GTCR) 2019, which provides the status of countries’ implementation of key tobacco control measures on a biannual basis. India has adopted best practices in cessation and health warnings on tobacco products. In all other policy areas, India falls into the moderate category, with no forward progress since the 2008 report.

“There is ample evidence about tobacco products being the killer. These should be made inaccessible to save Indians from a lifetime of misery and suffering. It is critical to strengthen the country’s tobacco control law to galvanize the ongoing efforts to check the tobacco epidemic in India, especially during these challenging times. Vendor licencing and prohibiting sale of single cigarette will definitely bhelpuri in decreasing access of these products to children n stifants,” said Dr. Shekhar Salkar, Secretary,National Organization Tobacco Eradication (NOTE,India) on Thursday.

India has the second largest number of tobacco users (268 million or 28.6% of all adults in India) in the world – of these at least 1.2 million die every year from tobacco related diseases. One million deaths are due to smoking, with over 200,000 due to secondhand smoke exposure, and over 35,000 are due to smokeless tobacco use. Nearly 27% of all cancers in India are due to tobacco usage. The total direct and indirect cost of diseases attributable to tobacco use was a staggering Rs.182,000 crore,which is nearly 1.8% of India’s GDP,said Dr. Salkar.(eom)

Goa State Pollution Control Board condemned for hiking coal handling at Momrugao Port

 Prakash Kamat

Panaji- The Goa Foundation,Goa-based green NGO on Wednesday condemned the decision of the Goa State Pollution Control Board to grant consent to Mormugao Port Trust(MPT),Goa's major port to increase its coal handling at Mooring Dolphins Nos 2 & 3 by 1.2 mt p.a.

The decision of the Board makes a profound mockery of the fact that the Goa Environment Minister has gone on record stating that the coal handling will be restricted to the existing permits given to Vedanta and others by the government. 

Obviously the Board does not care very much for the opinion of either the Environment Minister or the views of the State government. 

The Goa Foundation does not feel that the studies conducted so far relating to pollution caused at the Mooring Dolphins are of any relevance as the impact of the pollution is being felt on the sea body, with consequential harmful effects on the clam fisheries surrounding the MPT area. This has already been documented in a scientific study. Instead of assessing the study already done, the Board has relied upon a dubious study which attempts to measure instead the impact of coal pollution from handling coal at Mooring Dolphins in relation to the land. 

Further, none of the Mooring Dolphins has got necessary environment clearance for operation.  In fact the Board had previously closed down the operations at the Mooring Dolphins because it discovered that the Mooring Dolphins were operating without environment clearance. 

The Goa Foundation has demanded that the Goa State Pollution Control Board should withdraw its consent for the Mooring Dolphins forthwith because this is a bad idea. The issue of coal pollution is still troubling the State.  The Board is duty bound to bring down the coal handling activities instead of allowing them to be increased in view of massive public resentment. Further, the Board should not entertain such proposals till such time as the handling of coal in the State of Goa is finally decided in the interests of the health of the people of Goa and the overall interests of the State,said Dr.Claude Alvares, Director, Goa Foundation.(eom)

SWR officials assure Goa Congress delegation that Railways will ensure that least number of trees are affected in double-tracking in Goa

Prakash Kamat

Panaji,November 10- Former Goa Chief Minister and present Leader of the Opposition in Goa Legislative Assembly,Digambar Kamat,met Mr. P K Mishra,Additional General Manager, South Western Raikways(SWR) on Tuesday at Rail Soudha, Headquarters of SWR and submitted a memorandum regarding doubling of the track in Goa and people's apprehensions regarding that.

According to a press release issued by SWR,Hubbali Division, Mr. Kamat and his delegation expressed apprehensions on impact of proposed doubling of railway track between Castle Rock to Vasco-da-gama. 

Mr. Mishra has explained that the project is being taken up basically to improve connectivity to the State of Goa from Southern States. He has informed that during the conception of original Railway line itself, the same was planned to be broad gauge with double line but had to be modified to meter gauge and single line because of the compatibility with Castle Rock to Bellary Railway line being done in British India.

He quoted that the same was mentioned in treaty of Lisbon signed in 1878 between Indian Governments of Portuguese and Britain. 

Mr. Mishra categorically stated that the thrust now is on switching over to clean, non-conventional sources of energy and the decline in modal share of coal as source of energy is clearly evident from the volumes being transported over last two years.  He said that future belongs to and is defined by usage of non conventional sources of energy.  

He argued that the Government was actively advocating reduction in usage of coal and more so imported coal. He also told that in Goa, cap on amount of coal that can be handled at Mormugao Port Trust(MPT) already exists, being environmentally conscious State. Hence the question of transporting more coal after doubling doesn't arise.

Mr. Mishra has given the technical limitations of present railway line especially in the Braganza  ghat section, that because of safety considerations, certain restrictions are in place that are severely decreasing the sectional capacity to run trains.

On being asked about the impact of the project on ecology by way of cutting of trees, he stated that Railways has been committed to the cause of environment and will continue to exercise utmost caution to ensure that least number of trees are affected. He also informed that study of Environment Impact Assessment has been done, by involving independent agency - IISC and accordingly alignment of proposed double track will be decided.  Above all, any project can be taken up only with clearance of State Government and cooperation of elected representatives, he assured.

Mr. Mishra has assured that the genuine concerns in the execution of work will be addressed and resolved suitably before commencing the work.

It was further informed that no new area is being considered.  Only an additional track next to the existing line is being laid and it is not going to make any new impact on ecology. So railway is just adding on existing route only within railway land is being planned.  

Similar works have already been undertaken and completed in other parts of country including North Eastern States.

Goa Congress president Girish Chodankar, Mr. Mahendra H Singhi, social activist accompanied Mr. Kamat.

The Opposition including Congress have actively backed the on-going movement in Goa demanding no double-tracking of the SWR route in Goa as people apprehend that this would lead to more imported coal of Adani would be transported through Goa.(eom)

High Court in Goa issues notice over rejection of the Goa Lokayukta's order directing that the Anti Crime Branch register an FIR in renewal of 88 mining leases

Prakash Kamat

Panaji,November 5- The Bombay High Court  earlier this week issued notice on a petition filed by the Goa Foundation,Goa-based green NGO challenging the decision of the Goa Governor and the Chief Minister to reject the Goa Lokayukta's order directing that the Anti Crime Branch register an FIR in the matter of renewal of 88 mining leases

The Goa Lokayukta had also directed the State government to ensure the investigation was conducted by the Central Bureau of Investigation(CBI).

The writ petition is filed to challenge the orders of the Competent Authority designated under the Goa Lokayukta Act, 2011, namely, 1) the order dated 15.4.2020 passed by the competent authority, the Governor of Goa (or Competent Authority I) and 2) the undated order passed by the competent authority, the Chief Minister (or Competent Authority II) of the State of Goa.

Both these competent authorities have, via the impugned orders, rejected both the recommendations and orders of the Goa State Lokayukta issued in his report to the Government on the complaint filed by the petitioner (original complainant therein). The petition seeks an order to quash and set aside the two impugned orders.

It was the case of the complainant before the  Lokayukta that the orders granting bulk of these second renewals were issued under the signatures of only three persons, i.e., Laxmikant Parsenkar, (then) Chief Minister of the State, Pavan Kumar Sains, (then) Secretary (Mines) in the government of Goa, and Prasanna Acharya, Director of Mines & Geology and that all three persons were aware that they were indulging in conduct that would benefit and enrich a small class of influential miners and that would result in enormous losses to the public exchequer. In its investigations, the Hon’ble Lokayukta focused substantially on 56 mining leases whose renewal orders were issued within the span of just one week i.e., between 6.1.2015 and 12.1.2015.  In fact, 31 lease renewal orders were issued on 12.1.2015 itself -- which is the very date on which the power of the state government to renew mining leases was rescinded by an ordinance requiring states to auction such leases so as to bring enhanced revenues to the public exchequer. 

The Lokayukta agreed with the charges made by the complainant and directed the removal of Pawan Kumar Sains and Prasanna Acharya from public office as they were unfit to occupy such posts. These recommendations were made under Section 16 of the Lokayukta Act. The Lokayukta also directed FIR be registered by the Anti Crime Branch, but that the investigation of the case be handed over by the Government to the CBI. The Governor and the CM both rejected the recommendations and the order for investigation.

The petition seeks an order setting aside the decisions of the two competent authorities.

Respondents in the petition:

1)Governor of Goa,

Competent Authority u/s 2(d)(i) of

the Goa Lokayukta Act, 2011,

Raj Bhavan,

Dona Paula, Goa.       

 

2)Chief Minister,Goa,

Competent Authority u/s 2(d)(ii)&(iv) of

the Goa Lokayukta Act, 2011

Secretariat, Porvorim, Goa.

 

3LaxmikantParsenkar,

 “YASHWANT”

Varchawada, Arambol,

Pernem, Goa

 

4)Pawan Kumar Sain,

Presently, Director

President’s Secretariat,

RashtrapatiBhavan,

New Delhi 110 004.

 

5)Prasanna Acharya,

Presently, Member Secretary,

Rabindra Bhavan,

Margao, Goa.                                                                     

6)Government of Goa,

Represented by its Chief Secretary,

c/o Secretariat,

Porvorim, Goa 403 521.         

 

7)      The Anti Corruption Branch (ACB)

Directorate of Vigilance,

Serra Building, Near All India Radio,

Altinho - Panaji , Goa - 403 001

Next date of hearing is December 1, 2020,says Dr.

Claude Alvares, Director, Goa Foundation.(eom)

High Court in Goa issues notice to Tamnar's Sangod Sub-station

Prakash Kamat

Panaji,November 2- The Bombay High Court at Goa comprising Justice Mahesh Sonak and Ms M.S. Jawalkar issued notice on a PIL filed by the Goa Foundation,Goa-based green NGO challenging the permissions granted for felling of 2670 forest trees on Sy.No.21/1 and 22 to make way for an electricity substation connected with the Tamnar High Tension Line(HTL) at Sangod, Dharbandora.

Counsel appearing for Tamnar conceded that they did not have a conversion sanad, and that "presently, no development or construction work is being carried out."

The PIL alleged that heavy earthmoving machinery had been moved to the site and that several workers were involved in clearing of the area and removal of mud.

 This writ petition is filed in public interest to challenge the construction of an electrical substation and related infrastructure including residences including a badminton court on Sy.No.21/1 and Sy.No.22/1 in Sangod village in contravention of the Regional Plan 2021 which has zoned the land as natural cover, No-Development Slope and paddy fields.

No conversion can be granted for such lands in view of the norms prevailing under the statutory Regional Plan for Goa 2021. Neither can the land be converted as per order of the Supreme Court dated 4.2.2015.

 

The petition consequently challenges the destruction by clear felling of a patch of rich natural forest stocked with 2670 trees located on the said plot based on entirely fraudulent and manipulated permissions, and seeks its restoration, apart from penalties.

 

The petition states that the decision to exclude the forested survey numbers from the purview of the Preservation of Trees Act, 1984 was signed, not by the Chief Minister (late Manohar Parrikar), but by his Principal Secretary, P. Krishnamurthy. In its brief order, the High Court has asked for a response from Krishamurthy who is presently adviser to the Lakshadweep administration.

 

The petition challenges the grant of construction licence by the Sarpanch without a conversion sanad and without a resolution of the Molem Panchayat. In fact, the Panchayat had already taken a decision to place the matter before the Gram Sabha. In the meanwhile, the licence was issued by the Sarpanch.

 

The petition also challenges the order of the Town Planner, Quepem, granting technical clearance for construction including residences on a property zoned as paddy field, no-development slope and natural cover. This violates norms laid down under the Town and Country Planning Act and the RP 2021.

 

Reliefs sought:

 

i) For an order or writ in the nature of an order to quash and set aside the approval of the Government under Section 31 of the Goa Preservation of Trees Act, 1984 dated 4.2.2019;

 

ii) For an order or writ in the nature of an order to quash and set aside the tree felling permission granted to Resp No 9 dated 25.4.2019.

 

iii) For an order or writ in the nature of an order to quash and set aside the TCP technical clearance dated 18.10.2019 and the Panchayat construction license dated 5.10.2020.(eom)

 

#Save Mollem &Western Ghats from three linear projects People's movement intensifies in Goa

Prakash Kamat

Panaji, November 2-Hundreds of Goan citizens  occupied the Chandor rail tracks in South Goa last night to protest against unethical corporates, government and policies on coal.

Even as a steadily growing number of citizens' groups and citizen-led movements are opposing the need for a destruc6tive coal-powered transmission line project fragmenting the Western Ghats, on 28th of October, a Writ Petition against Goa Tamnar was filed in the High Court by Goa Foundation,Green NGO always spearheading the cause of environment, in view of illegal permissions granted for the clear felling of over 2000 trees and the permissions for the construction of the substation granted in the absence of a conversion sanad. 

A conversion sanad is a document issued by the Office of the Collectorate certifying that Non-Agricultural usage has been permitted on a plot of land. Without this, no permissions for any development can be granted. In contrast to their public claims about having all necessary permissions, Tamnar  admitted in Court that they don’t have Conversion Sanad for the substation. Tamnar has also made a statement to the Court that they are not carrying out any work on the substation. The next hearing will take place on December 1.

The 400 KV Goa-Tamnar transmission  line project (a SPV of Sterlite Power) is a power project that threatens Goa’s largest protected forest area ( Mollem National Park and Bhagwan Mahavir Wildlife Sanctuary) and private land-holdings of non-forest areas in Goa. The project consists of four components within Goa: three transmission lines and one sub-station in Sangod Village, North Goa. 

The User Agency has applied for as many as four forest diversion proposals, in doing so, bifurcating four components of a singular project, with a fifth forest diversion proposal applied for in Karnataka. The project seeks to divert a total of 323.596 ha of forest land, through the State of Goa (146.505 ha) and State of Karnataka (177.091 ha). Submission of such piecemeal forest clearances for implementing 3 projects violates the Forest (Conservation) Rules and is an attempt to dilute the cumulative impact of the three projects on forests of Goa and Western Ghats.

It is to be noted that the Supreme Court of India in 2015 ordered that "No Objection Certificate(s)" will not be issued in Goa for the conversion of any land of over 1 hectare that has natural vegetation with tree canopy density in excess of 0.1. Since the area of land cleared for the substation in Sangod is 11.8 hectares and the canopy density of the area is 0.7, this is a clear violation of said Order. Furthermore, several forest officers from Karnataka have gone on record relaying their concerns related to the depletion of forest cover, thus highlighting the broader regional concerns of this power project. A letter written on 18th June, 2020, by 150 scientists highlights several issues regarding the lack of clarity on the manner in which the Environment Impact Assessments(EIAs) were prepared, and the difficulty in finding these EIAs in the public domain.

Meanwhile, the Goa government appears to be in a great hurry to collaborate with Sterlite Power (a subsidiary of Vedanta), a business that will be selling electricity to the State of Goa, while using the land in the protected area to pass its transmission line through. In normal circumstances Sterlite would have to spend a significant amount of money buying the land on which it is to set up its business activities but in this case all it needs is four signatures from the State government to take over the land for free. 

Why a company is being allowed to have access to Goa's natural heritage for free has been a question that thousands of citizens across Goa have addressed to their government over the past several months.  Among the concerns regarding the utter lack of due process, questions have been raised about why police protection was given to Sterlite Power as early as February, 2019 before this project was even approved. This fact is all the more unsettling when Sterlite’s past record at their Tuticorin plant is brought into consideration, where the police opened fire and killed 13 people from the fishing community who were opposing a copper plant.

After two years of not producing this document, on 20th October, Mr. Nilesh Cabral, Goa Power Minister (who also holds the office of Environment Minister) issued a White Paper on Electric Load Demand over the Last 10 years in which he has made blatantly false statements which don’t match up with figures stated in the 19th EPS documents, which clearly show that in the Electricity Demand Projections for Goa for the year 2021 -2022, industrial and commercial consumers will use 3122 MU (Million Units) of power as compared to just 1280 MU (Million Units) by domestic b. The White Paper, like the EIA and Assessment Studies, has not been uploaded into the public domain for scrutiny or clarification. On the same day, citizens wrote to him,demanding that the paper be made available to the public. 

Amidst several weak and unclear justifications for this project, it is also not clear that citizens who live around the project areas have been taken on board, especially since these projects were passed at the beginning of the lockdown. Astonishingly, despite a majority of panch members in Mollem asking for a Gram Sabha on 4th October, 2020, the licence was issued without a Gram Sabha on the 5th October. The Panchayat Secretary has not signed the license along with the Sarpanch. 

Tree felling permission in private land bought for the construction of the substation by  Goa Tamnar is supposedly granted under section 31 of the Goa Tree Preservation Act, 1984, which gives them an exemption from following the provision of the Act as it is done in public interest. A project done in public interest should ideally not prompt the government to restrict citizens coming forward with questions, using section 144 of Criminal Procedure Code. For example, on 8th of October, Mollem residents were detained without explanation when they went to submit a memorandum at the Goa Chief Minister's house.

In what can now be identified as a familiar pattern, because these documents were not uploaded in the public domain, people lost their right to appeal against the tree felling permission within 30 days from the grant of such permission. This amounts to cheating the public as this infringes the "RIGHT TO KNOW" which is also our fundamental right under the Constitution. Additionally, the forest clearance proposals with all relevant information were on MOEF’s web portal PARIVESH but have now “mysteriously disappearedsays a press release issued on Monday on behalf of the protestors.(eom)

Save Mollem,Save Goa’s biodiversity by going in for clean and green energy alternatives: Fr Nigel Alphonso

By Prakash Kamat

                                      (Fr. Nigel Alphonso, SJ)

Panaji,October 30- Fr. Nigel Alphonso,SJ of the Goa Jesuit Province gives a call to save Goa’s biodiversity,insisting that clean and green energy alternatives is vthe way forward for tiny coastal State with fragile ecology.

Admitting that the need for electricity is ever-growing and the need will only build as time goes by,he says that Goa being a small State with no power generation plants of any kind, meets all its energy needs through power purchased from its neighbouring States at a very high cost per unit. 

The recent claim of the State government is that they are in the process of setting up a 400kv power plant at Molem, for which it is clearing up the land and working its way towards ruthlessly destroying the rich biodiversity of the place and tampering with the sensitive ecosystem of the beautiful Western Ghats. The only justification offered for this atrocious act being for the purpose of meeting the growing power needs of the State.  

He laments that in a State such as Goa, the government has failed to come up with a reasonable and viable solar policy that would encourage the public to invest in the installation of solar power generation plants, this despite the fact that Goa doesn’t even meet 1% of its power needs through renewable sources of energy. Despite numerable attempts to encourage the public to install and invest in grid-tie solar power generation systems what rcemains a dark fact is the solar policy that has been drafted and implemented without much thought, includes clauses and conditions that defy logic. It feels as though those consumers who wish to go green and have installed such a system are being punished for their noble initiative. 

He argues that a solar grid-tie system which in the long run is profitable and cost effective to the consumer helps meet one’s power needs for the next 25 years. This system also exports the surplus power generated to the grid thus benefitting the State Electricity department.

With the current billing system implemented by the Electricity department, however, a consumer is restricted to install a solar grid-tie system only up to the capacity of the sanctioned load mentioned on the electricity bill of the consumer.

 Thus someone who is willing to invest a large sum towards green energy is deterred by this restriction, as the cost of installing a small solar power generation system is relatively much more than a larger one and the return on investment is also slower. 

Secondly, if Goa is facing a deficit in terms of energy needs, why not encourage the setting up of solar farms on rooftops or empty plots with gross metering system in place where the power generated is directly fed into the grid for use in the area,asks Fr. Nigel.

Thirdly, a clause in the solar policy followed and implemented by the State Electricity department states that the consumer will not be compensated for generating power more than one’s average consumption of the 12 months before the solar installation. It is obvious that one’s power needs will only increase in the future and hence it is ridiculous, illogical, and punishing to the consumers who have taken the trouble to invest their hard earned  money in their respective solar projects. 

"The least the government could do to support this initiative is to compensate them for the green power that they supply at one third the cost that electricity is currently purchased from other States,"says Fr. Nigel.

The crores of rupees allotted for setting up this so-called power station at Mollem could well be used towards providing assistance and subsidy to many people who are willing to invest in a grid tied solar power plant. This way forward will easily take care of our growing demand for power without destroying our rich biodiversity, as this need will be taken care of by the generation of green and clean energy with zero carbon emissions and zero deforestation.

"We are stewards, not owners of the environment, and we must make every effort to promote clean and green renewable energy alternatives, thereby ensuring a better future for the next generation,"says Fr. Alphonso invoking inter-generational equity concept for natural resources.(eom)

87% sex workers from Bhiwandi keen to choose alternative jobs:Thane-based NGO

Prakash Kamat 

Panaji, october 30- In the trying times ,when the pandemic is taking a toll on the sex workers’ conditions, 87% of the sex workers in the red-light area (RLA) of Hanuman Tekdi in Bhiwandi,Maharashtra are eager to take alternative path to sustain a living, shows a survey conducted by Thane-based Shree Sai Seva Sansthan(SSSS), an NGO that primarily focuses on welfare of sex workers.

The NGO is now training sex workers in various programs such as tailoring and diya-making to help the women with employable skills and have a dignified source of income.

With the COVID-19 pandemic,mainstream commercial sexual activity came to a halt due to the fear of transmission of the virus. However, seven months into the crisis, sex workers fear that they will be further pushed into a cycle of debt and poverty.

 

The findings reveal that over 60% of the sex workers in Hanuman Tekdi have taken loans from informal sources like friends in the neighbourhood, shopkeepers, local money lenders and their own brothel managers. Most of the survey respondents feel they will die of starvation and harassment and have reluctantly started work in the middle of the pandemic.

 

Bhiwandi is one of Asia’s largest warehouse hubs. Most of the major multinational companies and e-commerce giants have their warehouses set in Bhiwandi. As the town is growing, the red-light area of Hanuman Tekdi is mushrooming and women from other cities and countries are lured here for jobs and then forced into commercial sexual activity.

 

RLA houses victims of trafficking

 

What looms large is the dark reality of choice; majority of them are not into sex work by choice. 78% of them were either forced into prostitution by someone they know like a relative, friend or even their husbands or trapped due to poor financial circumstances.

 

Of the total 500+ sex workers in Hanuman Tekdi, 56% are foreign nationals, the study highlights. Majority of women are from Bangladesh, accounting to 46% of the total community and the rest 10% are from Nepal. These women were either trafficked across the borders or they migrated for work and eventually got trapped in the flesh trade.

 

Another striking factor is that only 4% of the sex workers are from Maharashtra. The others are predominantly from the southern part of the country, especially from Karnataka, Andhra Pradesh, Telangana and Tamilnadu, and then from is Kolkata, which is a large source state. This sheds light on the rampant sexual exploitation of migrants who cross the borders domestically and internationally for a livelihood, the report states.

 

Owing to the lack of official identity documents, the women are excluded from the government emergency aids. Moreover, even the recent NHRC advisory stating that the governments should impose moratoriums on loans taken by sex workers from financial institutions do not apply to a majority of the community as they all have loaned from informal sectors.

 

“It is pertinent to note that for a commercial sex worker it is difficult to obtain a credit loan from formal sector institutions as it involves official paperwork and background clearance. How can you expect trafficked victims to have all paperwork in place? The National Human Rights Commission(NHRC) panel should look at the ground reality,” says Ms. Swati Singh, founder of SSSS which is also working on helping the sex workers get government ID proofs like Aadhaar cards to ensure they get a regular health checkup.

 

Recommendations from the study:

1.The policy makers, along with the support of various NGOs, should formulate an Alternative Employment Plan for the local sex workers to provide relief during Covid-19 pandemic and to help them opt out of commercial sex work.

 

2.The District and the State administration should improve state run comprehensive services for CSWs, allocate budget and provide basic skill training programs under the various livelihood and skill development missions for upskilling and providing them various job opportunities.

 

3.Women who want to start their own venture should be provided with access to easy credit and collateral-free microfinance opportunities.

 

4.For the victims of human trafficking for sexual exploitation, a special victim relief fund should be established to help them pay-off their debts and move out of a life of exploitation and pain.

 

Notes:

NHRC advisory https://nhrc.nic.in/sites/default/files/Advisory%20on%20Informal%20Workers_0.pdf

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