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Counter measures and their application in India

 

 

  Naxalite movements had disturbed the peace and security of most of the states of India during the last 15 years. A number of counter measures were formulated in 2005 to combat naxalite movement in different parts of the country. The issue that can be debated is that whether the counter measures had been successful or not? This is 2011, if it had to work, it should have worked till now.  

 Before inferring about the results of the countering the measures the measures themselves required to be mentioned.  Firstly funds were given to the states which were naxal-prone (like Andhra Pradesh, Chattisgarh, etc.) to modernize the police forces in terms of advanced weaponry, latest communication equipment and other infrastructure.  

Also security related expenditure was revised in February 2005. Under the scheme new items were introduced like insurance scheme for police personnel, community policing, rehabilitation of surrendered naxalites, etc. Taking into consideration the increased casualties of police personnel due to mine blasts, the naxal affected States have been provided with Mine Protected Vehicles (MPH) under the police modernization scheme.  

The naxal-affected States had been sanctioned India Reserve (IR) Battalions to strengthen security apparatus at their level. The Central Government provided Rs. 20.75 crores per IR Battalion as against the earlier amount of Rs 13 crores per battalion. In order to also prevent entry of Maoists across the indo-Nepal border SSB was given the responsibility of guarding the Indo-Nepal border. 

  The Central Government also initiated Backward Districts Initiative (BDI). The Central Govt. provided financial assistance of Rs 2,475 crores for 55 naxal affected districts of 9 states including Andhra Pradesh, Chattisgarh, Orissa, Bihar, Jharkhand, West Bengal, Madhya Pradesh, Uttar Pradesh and Maharashtra. The money had been provided for social welfare and development of the backward districts.  The Central Government also introduced the Scheduled Tribes (Recognition of Forest Rights) Bill, 2005 in the Parliament.  

As far as the success of the Counter Measures are concerned there were mixed results. Although it worked in states like Maharashtra or Madhya Pradesh, it hardly had any affect in Andhra Pradesh. There were different reasons for this.  

Firstly the five major demands of the naxalites, that was distribution of land, distribution of forest resources, getting minimum wages, gaining social dignity and securing self governance. While some of the demands were justified, others were baseless. Besides there were no mention in the counter measures of the manner in which the funds that were enjoyed by PWG and other naxalite organizations in Andhra Pradesh and other States could be seized.  

Such funds were created by the naxalites by forcefully extorting property from the forest department officials, professionals and contractors. The counter measures should have included special task forces only to have been deployed in the forest areas where handling the Maoists had always been difficult.  

Besides the procedure of acquisition of forest lands by the Government for the development infrastructure processes had not been addressed under the counter measures. The Land Acquisition Act of 1896, had always been a strong tool in the hands of the Government and led to misuse. The tribals who were displaced received elementary compensation but never got their livelihood issues addressed. The Land Acquisition (Amendment) Bill, 2007 and the Rehabilitation and Resettlement Bill, 2007, had addressed these issues. But until these Bills are enacted the Government is supposed to take the tribal population and poor section of the displaced groups into confidence before lending lands to SEZs, and other groups of development of infrastructures. 

 Besides, some of the states like Andhra Pradesh had very peculiar statistics. Whenever the State Government instead of taking harsh measures against the naxalites had allowed them to operate in the open, the unrest in the respective jurisdiction decreased. 

 For example, in the 90s, when the State Government of Andhra Pradesh released the ban on naxalites, the casualties were lesser than the casualties in existence when the ban was not lifted. Another factor that has to addressed along with the implementation of the counter measures, is the stopping of opium trade in the respective jurisdictions. The Government of India very recently had addressed the Narcotics Control Bureau (NCB), under the Home Ministry and mentioned that states like West Bengal, Bihar, Jharkhand, Orissa, and other states where illegal opium cultivation had been reported, the same regions were infested with naxalite movements.  

In respect of linkage of the naxalites with the illicit opium trade more information and evidence in required. The Centre and the State should work together to track the illicit traders of opium and prevent the inflow of funds from such traders to the naxalites.  

In conclusion it can be said, that the counter measures cannot be considered successful in totality or failure. Implementation of such measures is a challenge. Along with them the peace talks, control of opium trade, development measures, land acquisition, rehabilitation and resettlement issues should be addressed. If the plans can be worked out systematically it is not impossible to bring peace and solidarity in the naxal-prone states of India.    

Souvik Chatterji: C V of Souvik Chatterji.





Name: Mr. Souvik Chatterji





Date of Birth: 18th June 1976.





Presently: Assistant Professor in Law, National Law University, Jodhpur.





Registered for PhD Program in Law in National Law University, Jodhpur on the topic “Law of Cartels in India and USA”.





Previously: Assistant Director of CUTS International , Centre for Competition , Investment and Economic Regulation , Bhaskar Marg, Bani Park, Jaipur.





Previously: Lecturer of West Bengal National University of Juridical Science, Calcutta, India.





Passed LLM in US and Global Legal Studies in Case Western Reserve University, Cleveland, Ohio, USA with a merit scholarship





Academic Qualifications:





Passed LLM with International Economic Law from Warwick University,


UK. (One-Year Course)





Subjects:





1) International Economic Law,


2) Legal Aspects of International Technology Transfer,


3) Criminal Justice and Social Transitions.


(I year course, Sept, 2001 to sept, 2002)





4) Dissertation: India’s role on legal aspects of International Technology Transfer.





1) Passed LLB from Calcutta University in Dec 2000 with High Second Class.


Subjects done: IPC, CrPC, CPC, Property Law, Torts, Constitution,


Jurisprudence, Land Law, Administrative Law.





2) Passed ICWA foundation in 1998. Subjects done include, Management and


Organization, Cost Accounting, Secretarial Practices and Corporate Law,


Statistics, Indirect Taxation and Company ethics.





3) Passed Professional degree on Tally, Fact, MS Office, Internet from PL


Academy, Calcutta, 6 months course, Learnt sales tax, Income tax, Basic


Principles of commercial drafting.





Previously:





Board/Institution Examination Year


St. Joseph’s College, Calcutta ISC (10+2) 1995


St. Mary’s school, Calcutta ICSE (10) 1993























Work Experience:





1) Worked as the Branch Manager of Golden Trust Financial Services, Siliguri, India for 6 months from Dec 2000.


Golden trust Financial Services deal with 3 types of insurance policies, personal


accident scheme, Mediclaim Scheme and Amartya Siksha Yojana. As a branch


Manager I had to convince clients about period of the policies, legal factors to be


Considered before the policies mature and minimum conditions required to be


Fulfilled before the parties are liable to receive the policies. Data of policyholders


Were to be processed by me and calculations done under the programming of


Tally, fact, MS Word, Excel, Power Point, Internet.





2) Practiced as Advocate in both civil and criminal cases in Bankshall court, (CMM


Court), Calcutta from April 2001 for 6 months. Types of cases handled range from divorce suits, restitution of conjugal rights, and offences against property like Criminal misappropriation, breach of trust to cheating. Further civil suits included easements, cases on West Bengal premises tenancy Act and West Bengal Apartment Ownership Act. Further have drafted sale deeds of flats obtained within Calcutta Municipal Corporation and Baranagar Municipality. Also made agreements between parties on sale of immoveable property.





3) Worked as Lecturer of NUJS, Calcutta for 4 years. Joined NUJS as Research Assistant and worked as Assistant Lecturer for a year. Subjects handled include Indian Penal Code (Criminal Law – 1), Criminal Procedure Code (CrPC), Civil Procedure Code (CPC), Property Law, Corporate Law and Clinical Legal Education. Further coordinated Forensic Science Seminar Course.


Acts covered include, CPC, CrPC, Indian Evidence Act, Legal Services Authorities Act, Arbitration and Conciliation Act, General Clauses Act, Indian Registration Act, Indian Trusts Act, Indian Easement Act, Specific Relief Act, West Bengal Premises Tenancy Act, Suit Valuation Act, West Bengal Court Fees Act, Limitation Act. Drafted Course materials in CRPC , Property Law, Clinical Legal Education along with other Faculties.


4) Completed a UNDP Project ‘A Proactive Consumer Forum for farmers, agricultural workers, rural people.’ Organised a Seminar on 16th August on the above mentioned subject involving the Consumer Affairs Department, Govt.Of West Bengal, NGOS, VCOs and Judges of Respective Consumer Dispute Redressal Agencies. The Principal Secretary, Consumer Affairs Department, Mr. Pradeep Bhattacharya, has reviewed the research paper and presently it has been published by NUJS as working paper series –11.


5) Involved in a Project granted by the Consumer Affairs Department. There are 3 parts of the project. Prepared a Compendium ( Handbook) on Consumer friendly laws. Also involved in assessment and evaluation of the State Commission and evaluated the District Forum in Kolkata .The project report is published in the newspaper, The Telegraph, Calcutta, India on Wednesday, September,21st,2005 in www.telegraphindia.com/1050921/asp/atleisure/story.


6) Remained class-coordinator for the 3rd year law students and 4th year law students for 2 sessions.


7) Worked on a World Bank and IMF project as research assistant on cases relating to money laundering in India under the supervision of Prof. Richard Gordon ( Case School law, Cleveland, USA ) for 3 months.


8) Worked in PBL Building in Dean’s office under the supervision of Mary Hobson ( Dean ) and assistant to Prof. T. Fogarty ( Weatherhead School of management) for 4 months.


9) Presently working as Assistant Professor of NLU, Jodhpur for more than one year. Taught optional subject “Law of Infrastructure Development” in the Xth Semester to 5th year students in the Winter Semester. Taught Honors Subject “Law of Infrastructure Development” in the VIIIth Semester to 4th year students in the Winter Semester. Teaching Compulsory subject “Law of Evidence” in the Vth Semester to 3rd year students in the monsoon semester. Teaching Honors Subject “Law of Infrastructure Development” in the VIIth Semester to 4th Year students in the monsoon semester.


10) In 2010 subjects taught include Property Law in the VIth Semester and Competition Law in the Xth Semester.


11) Presented a Paper titled “Fines and Consumer Forum” in National Seminar Cum Workshop on “Medical Negligence & Consumer Protection” held on 21st February, 2009 in Cooperation with the Indian Institute of Public Administration, New Delhi.


12) Framed Questions, Projects, and administered Course of Criminal Law 1, Criminal Law 2, Forensic Science 1, Forensic Science 2, and the Law of Evidence in LLM in Criminal Law, Criminology and Forensic Science under Distance Education Program.


13) Framed Course Structure of the Subject “Human Rights and Criminal Justice” in LLM in Criminal Law, Criminology and Forensic Science under Distance Education Program.


14) Written Module 2 titled “Protection of Human Rights under Indian Constitution” and Module 5 titled “Capital Punishment: Rarest of rare cases” as part of course on “Human Rights and Criminal Justice” in LLM in Criminal Law, Criminology and Forensic Science under Distance Education Program.


15) Framed Course Structure of the Subject “Victimology” in LLM in Criminal Law, Criminology and Forensic Science under Distance Education Program.


16) Written 5 Modules titled “Introduction to Victimology”, “Role of Victims”, “Typology of victims”, “Persons needing special attention and female victims” and “Police and Judicial Attitude towards victims and the Indian position”.


17) Framed Course Structure of the Subject “Law of Infrastructure Development” in LLM under Distance Education Program.


18) Adjudicated 2 rounds of 1st NLU Antitrust Law Moot Court Competition, 2010, held between 19th to 21st of February, 2010, in NLU, Jodhpur, sponsored by the Competition Commission of India and Lakshmi Kumaran & Sridharan Law Firm. (The Knowledge Partners being LexisNexis Butterworth Wadha, Nagpur)


19) Published Paper The Law of Provocation Under Indian and American Law,


Chatterji, Souvik,March, 2007, Published in indlaw.com, The Definitive Guide to Indian Law,http://www.indlaw.com/guest/databasesearch/articles/default.asp


20) Published Article Some Thoughts on consumer protection in India, Chatterji,


Souvik, April 5th,2007, Published in indlaw.com, The Definitive Guide to Indian Law,Editor’s Pick, http://www.indlaw.com/guest/columns/default.asp souvik


21) Published Article Consumer Protection Act – A critical study, Souvik Chatterji, May,2007 , published in Consumer Online Resource and Empowerment Centre in the Articles section, http://www.corecentre.org/guest/articles/default.asp


22) Published Briefing Paper titled Dealing With Anti- competitive Practices in the Indian Pharmaceuticals and the Health Delivery Sector. Published by CUTS Centre for Competition, Investment and Economic Regulation, CUTS International, D-217, Bhaskar Marg, Bani Park, Jaipur- 302001. The Briefing Paper is also co-authored by Nupur Anchlia and Smita John.


23) Published Article titled “The Indian and American Law on Provocation”, Souvik Chatterji, Published in Scholasticus, Journal of National Law University, Jodhpur, Vol. 6, No. 1, August, 2009, ISSN 0975-1157. Published by National Law University, Jodhpur, Printed at Vijay Printers, Tripolia Bazar, Jodhpur -342001.


24) Published Article titled “Security concerns in Siliguri” in in Online Journal of Institute of Peace and Security Studies, Article 2395, published on 18th October, 2007, http://ipcs.org/article/terrorism/security-concerns-in-siliguri-2395.html


25) Published Article titled “Violent Bihar” in Online Journal of Institute of Peace and Security Studies, Article 2410, published on 6th November, 2007, http://ipcs.org/article/naxalite-violence/violent-bihar-2410.html


26) Published Article titled “Tackling Extremism in Purulia and Bankura” in Online Journal of Institute of Peace and Security Studies, Article 2567, published on 16th May, 2008, http://ipcs.org/article/naxalite-violence/tackling-extremism-in-purulia-and-bankura-2567.html


27) Published Book Review of the Book “Law of Special Economic Zones: National and International Perspective”, written by P. Chaturvedi and A. Dalal. Published in Scholasticus, Journal of National Law University, Jodhpur, Vol. 6, No. 1, August, 2009, ISSN 0975-1157. Published by National Law University, Jodhpur, Printed at Vijay Printers, Tripolia Bazar, Jodhpur -342001.


28) Published article titled “Justification of Corporate Leniency Program in India” in Madras Law Journal, 118th Yr, Issue No. 49, (2009) 8 MLJ, Vol. 247, Part 3 (03-12-2009), page 38 -42.


29) Published Article titled “State Government rules out talks with the Maoist: The right step?” in the Online Journal of Institute of Peace and Conflict Studies, Article 2895, published on 24th June, 2009, http://www.ipcs.org/article_details.php?articleNo=2895


30) Published article titled “Buddhadeb’s Stand on the Maoists” in the Online Journal of Institute of Peace and Conflict Studies, Article # 2999, published on 9th November, 2009.


http://www.ipcs.org/article/naxalite-violence/buddhadebs-stand-on-the-maoists-2999.html


31) Published article titled “Examining the period of merger review in India” in Madras Law Journal, 119th Yr, Issue No. 17, (2010) 3 MLJ Vol.250 Part - 4 (09-04-2010), pages 69 -72)


32) Published article titled “MRTP regime, competition regime and foreign investment”, Consolidated Commercial Digest, Volume 26, Part 7, August 1, 2010, Company Law Institute of India, Pvt., Ltd, A Journal for Finance & Legal Professionals and Corporate Executives,


http://webcache.googleusercontent.com/search?q=cache:TwaS_-PmzGsJ:www.cliofindia.com/parts/ccdindex.htm+souvik+chatterji&cd=25&hl=en&ct=clnk&gl=in





33) Published article titled “Efficacy of mandatory merger in India”, Consolidated Commercial Digest, Volume 27, Part 1, September 1, 2010, Company Law Institute of India, Pvt., Ltd, A Journal for Finance & Legal Professionals and Corporate Executives,


http://www.cli.in/parts/ccdindex.htm


34) Published article titled “Naxalite Menace in West Bengal”, Published in Chillibreeze.com,


http://chillibreeze.com/articles_various/Naxalite-menace-in-West-Bengal-910.asp


35) Published article titled “Anti-dumping in India”, Consolidated Commercial Digest, Volume 27, Part 8, December 15th, 2010, Company Law Institute of India, Pvt. Ltd, A Journal For Finance & Legal Professionals and Corporate Executives.





Other Publications.


1) Published Article Detective Stories of Satyajit Ray, Souvik Chatterji, July 16, 2007, published in http://keralaarticles.blogspot.com/2007/07/detective-stories-of-satyajit-ray.html


2) Published Article, Mohammad Rafi-A Versatile Maestro, Souvik Chatterji, July17,2007, published in http://keralaarticles.blogspot.com/2007/07/mohammad-rafi.html and Mohammad Rafi- one of the most versatile voices in our last century, Souvik Chatterji, July 22nd,2007 published in http://www.mohdrafi.com/meri-awaaz-suno/mohammad-rafi-one-of-the-most-versatile-voices-in-our-last-century.html


and Immortal Ghazals sung by Mohammad Rafi, Souvik Chatterji, July 30th, 2007 published in http://keralaarticles.blogspot.com/2007/07/mohammad-rafi.html and Immortal Ghazals sung by Mohammad Rafi, Souvik Chatterji, July 30th, 2007, published in http://www.mohdrafi.com/meri-awaaz-suno/immortal-ghazals-sung-by-mohammad-rafi.html


3) Published Article, Music in films of Gulzar, Souvik Chatterji, July19, published in http://keralaartilces.blogspot.com/2007/07/sampooran-singh-gulzar.html


4) Published Article, Wide Dimension of Stories of Satyajit Ray, Souvik Chatterji, July 21, published in http://keralaarticles.blogspot.com/2007/07/stories-of-satyajit-ray.html


5) Published Article, Shankar Jaikishan, the most versatile Musical Giant of the Last Century,SouvikChatterji,July26,publishedinhttp://keralaarticles.blogspot.com/2007/07/shankar-jaikishan.html and Shankar Jaikishan, the most versatile Musical Giant of the Last Century, Souvik Chatterji, August 6, published in http://www.mohdrafi.com/meri-awaaz-suno/shankar-jaikishan-most-versatile-music-giant.html


6) Published Article, OP Nayyar’s immortal relationship with Mohammad Rafi, SouvikChatterji,August 9, published in http://keralaarticles.blogspot.com/2007/08/op-nayyars-immortal-realtionship-with.html


7) Maintain blog titled http://stationhollywood.blogpot.com where more than 900 articles are published.











Indian Address:


22/6 Kalicharan Ghosh Road, Flat – Chayabitan, 1st floor, Calcutta 700050,


West Bengal, India. Telephone: 91 - 033 – 25561132.





Office Address: National Law University, Jodhpur, NH 65, Nagour Road, Mandore, Jodhpur - 342304.





Cell Phone No. 09950836554.





Languages known: English, Bengali, and Hindi.





Areas of Interest: Eastern music (have specialized in vocal classical songs for 3 years) can play tunes in the synthesizer, painting, literature, drama (acted in plays hosted by Birpara Cultural Association).





Performed in Satrang program – sang semi-classical song and played the keyboard for the singers in Twing Centre in Nov.2006 ( program of students of Case Western Reserve University), Cleveland, Ohio, USA.





Sung bhajans along with wife Smt. Rumi Chatterji in National Engineering College in Jaipur in March, 2009, and played the synthesizer. While Mrs. Rumi Chatterji presented the songs “shiv shambhu kalian tumhi ho”, “namami”, “humko manki shakti dena”, “allah teroh naam”, etc., Souvik Chatterji presented “man re tu kahe na dhir dhare”, “wo duniya ke rakhwale”, “sukhke sab saathi”, etc. The entire program was reported in local newspaper of Rajasthan.





Accompanied Smt. Rumi Chatterji with Keyboard during Radio Recording of Sugam Sangeet in April, 2010. The songs which were played in the KeyBoard included “bolo raat bolo tum kaha”, “payoji maine ramratan dhan payiyo”, and “katon ki chubhan payee”.





Adjudicated the Raga Session of Eastern Classical Music of inter-college Cultural Fest Titled NH 65 held in National Law University Jodhpur as Judge from 7th to 10th October, 2010. Participants from National Law Universities and other reputed Institutions across India participated in the Cultural and Literary Fest.
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