South Asia Citizens Wire #2 | 4 November, 2004 via: www.sacw.net
[1] India: Employment Guarantee Act - A Primer
[2] India: Without land or Livelihood. The Indira Sagar Dam: State Accountability and Rehabilitation Issues (Report of People's Independent Commission)
[3] India: Protect Christians of Dalit origin (Eduardo Faleiro)
[4] India: Welcome Dialogue With Naxalites - An opportunity for overdue reform (Praful Bidwai)
[5] URL's re a Witness Protection Programme in India
- Law Commission of India's - Consultation Paper on Witness Protection
- Consultation paper on witness protection (J. Venkatesan)
[6] India: Homosexuality is punishable: High Court
[7] India: Upcoming events :
National Convention on 'Wada na Todo Abhiyan' (New Delhi, November 4-5, 2004)
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[1]
www.sacw.net - November 3, 2004
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[India] EMPLOYMENT GUARANTEE ACT A Primer
October 2004
This booklet was initially prepared for a convention on Employment Guarantee and the Right to Work, held at the Constitution Club (New Delhi) on 19 October 2004. It was written by Nikhil Dey and Jean Dr�ze but draws on discussions with many others including Shiraz Balsara, Subhash Bhatnagar, Kiran Bhatty, C.P. Chandrasekhar, Sehba Farooqi, Jayati Ghosh, Colin Gonsalvez, Smita Gupta, Indira Jaising, Brinda Karat, Madhuri Krishnaswamy, Harsh Mander, Babu Mathew, Santosh Mathew, Prabhat Patnaik, Vikas Rawal, Aruna Roy, Dunu Roy, Abhijit Sen, T.S. Shankaran, Shekhar Singh, Kavita Srivastava, Anuradha Talwar, and S. Vivek, to name a few.
Preamble
Workers' organisations have been demanding a national Employment Guarantee Act (EGA) for many years. This "primer" was prepared to facilitate public discussion of this issue at all levels -- from remote villages to the national capital. The answers are based on a draft National Rural Employment Guarantee Act prepared by concerned citizens, dated 1 September 2004 (hereafter the "reference draft").
[...]
[ Read Full Text at:
http://www.sacw.net/Labour/EGAprimer.html ]
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[2]
www.sacw.net | November 3, 2004
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REPORT OF THE INDEPENDENT PEOPLE'S COMMISSION, INDIRA SAGAR DAM [India]
In August 2004, the National Campaign for People's Right to Information of India constituted an independent people's commission to investigate the present situation of displacement, resettlement, relief and rehabilitation, in the villages and towns affected and submerged as a result of the Indira Sagar Pariyojana multipurpose project (alternatively, the Narmada Sagar Dam) in western India, and those that are due to submerge in the future. The two person commission was convened by Naresh C. Saxena, Member of the National Advisory Council of the Government of India and former Secretary of the Planning Commission of India, and is comprised of Angana P. Chatterji, Associate Professor of Social and Cultural Anthropology, California Institute of Integral Studies, and Harsh Mander, Member, National Campaign for People's Right to Information and Right to Food Campaign. In early August, Dr. Chatterji and Mr. Mander visited Harsud, neighboring villages, and resettlement sites in Khandwa District in Madhya Pradesh. They heard over 1400 people at public hearings, and held extensive meetings with, among others, Chittaroopa Palit and Alok Agarwal of the Narmada Bachao Andolan. The Commission is in the process of submitting its report to the National Advisory Council of the Government of India, headed by Congress Party leader Sonia Gandhi.
The Commission's report, entitled, 'Without land or Livelihood. The Indira Sagar Dam: State Accountability and Rehabilitation Issues', states: "Significant research demonstrates that large dams incur considerably more costs than benefits, and it has been amply confirmed that the social and ecological damage that results from large dams is prohibitive and disproportionately borne by marginalized peoples and cultures. This Commission finds the Indira Sagar Pariyojana in Khandwa district in Madhya Pradesh to be no exception� We find that vast and the Government of Madhya Pradesh in the construction of the Indira Sagar Pariyojana has perpetrated indefensible social, political and economic injustices on the people of the Narmada Valley. Affected people across cultures, classes and genders continue to endure conditions that are dehumanizing and cruel in a context bereft of processes allowing an acknowledgment of the enormity of the decimation and resources necessary to heal from it. It is of particular concern that poor and disenfranchised people are treated with contempt by the state, as groups to whom the nation is not accountable. The violence of the everyday experienced by individuals and communities is incomprehensible, as brutality and oppression are administered through the state's mistreatment of the affected. These injustices also highlight the severe and existing hierarchies of caste, tribe, religion and gender in the state, and compound social suffering and cultural violence in the name of development."
The Commission made 32 recommendations including a directive to amend the 1987 Rehabilitation Policy of the Government of Madhya Pradesh to allow for land compensation to the landless, ensuring the eligibility and assured access of all cultivators, including landless workers, to housing and cultivable agricultural land.
[ Full Text of the above Report is available at: http://www.sacw.net/Nation/ISPPeople'sCommissionReport.pdf ]
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[3]
Deccan Herald November 04, 2004
IN PERSPECTIVE
Protect Christians of Dalit origin
There is need to legislate a bill to give Christians of SC/ST origin their due rights and privileges
By Eduardo Faleiro
During the last session of Parliament a memorandum was submitted to the Prime Minister listing some of the grievances of the Christian community. The memorandum calls for effective implementation of the Prime Minister's 15-Point Programme for the Welfare of the Minorities. The programme was launched by the late Prime Minister Indira Gandhi and has been endorsed by all successive governments. There is a special cell in the Home Ministry to oversee the implementation of this programme though it has been quite ineffective in recent years.
Seven of the 15 points deal with steps to prevent communal conflicts, for swift punishment to the culprits and for speedy and adequate relief to the victims of communal violence. Events in Gujarat and elsewhere have shown that often scant attention is paid to the observance of these directives.
Rights of Christian dalits
The memorandum highlights the failure of the Union Government to extend to Christians of Scheduled Caste origin, the legal protection and constitutional benefits available to dalits professing other religions. Mahatma Gandhi and Dr B R Ambedkar had often pointed out that change of religion does not bring about any change in the social status of the weaker sections. They continue to suffer the same social and economic disabilities.
The Supreme Court held in the Mandal Case that "untouchability is a humiliating and shameful malady caused by deep-rooted prejudice which does not disappear with the change of faith..." (Indira Sawhney v. Union of India).
The National Minorities Commission acknowledged this reality in its Annual Report for the year 1997-98 and recommended that "the Constitution (Scheduled Castes) Order 1950 should be amended so as to omit altogether the proviso that a person belonging to a particular religion cannot be regarded as a member of a Scheduled Caste, so that the unconstitutional nexus between caste and religion is eliminated." On March 11, 1996, the then Social Welfare Minister Sitaram Kesri submitted to the
Lok Sabha, the Constitution (Scheduled Castes) Order Amendment Bill 1996.
Its Statement of Objects and Reasons reads as follows: "Converts to the Christian religion who are of Scheduled Caste origin are precluded from the statutory benefits and safeguards accruing to the members of the Scheduled Castes. Demands have been made from time to time for extending these benefits and safeguards to Christians of Scheduled Caste origin by granting them recognition as Scheduled Castes on the ground that the change of religion has not altered their social and economic condition. Upon due consideration of these demands, it is proposed to amend the relevant Constitution (Scheduled Castes) Order to include the Christian converts of Scheduled Castes among the Scheduled Castes therein." The Bill could not be introduced in Parliament due to the dissolution of the 10th Lok Sabha. The present Government should now re-introduce this legislation and get it approved as a Constitution Amendment.
Personal law changes
Another matter of concern to the Christian community is the question of amendment of their Personal Laws. Some of these laws such as those relating to adoption and succession have become obsolete and need to be updated. During a debate in Parliament in December 1999 the then Government had assured that "with personal laws we do not really want to interfere. We will leave it to the community but if the community wants it we would only be too happy to carry out the necessary amendments". There should be no difficulty in carrying the amendments to the Christian Personal Laws which have already been proposed to the Law Ministry by the representative Christian organisations.
The Memorandum was endorsed by Members of Parliament belonging to different religious denominations. While subscribing to it, some mentioned privately that they were doing so because the demands were just and fair but expressed misgivings about reported conversions being carried out by missionaries in some parts of the country.
I was recently in the Mayurbhanj district of Orissa where Rev Graham Staines and his two sons were killed some years ago. During my stay in the district I found that both Christian and Hindu missionaries were propagating their respective faiths. What the adivasis need is not more religion but alleviation of their abject poverty, education, health care and infrastructure.
The plight of the tribals in Mayurbhanj is similar to the condition of the tribal population in several other parts of the country and to provide them minimum living standards is a gigantic task. It cannot be left to non-governmental agencies including missionary organisations. However lofty their intentions, they will always be suspected of ulterior motives. The paramount responsibility rests with the Government to formulate and implement livelihood strategies for the weaker sections of our society.
The writer is an MP and a former Union Minister.
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[4]
The Praful Bidwai Column November 1, 2004
WELCOME DIALOGUE WITH NAXALITES AN OPPORTUNITY FOR OVERDUE REFORM By Praful Bidwai
Even before the Indian government took a bold step the other day in Bangkok by inviting top leaders of the National Socialist Council of Nagaland (Isaak-Muivah group) for talks to New Delhi, another process for reconciliation and peace of seminal importance got going in Hyderabad. This was the beginning of a comprehensive dialogue between Naxalites and the Andhra Pradesh government. The first round of talks, lasting four days, saw top underground leaders of the Communist Part of India (Marxist-Leninist-People's War)-now officially renamed CPI (Maoist), but popularly known as the People's War Group (PWG)-come out of the forests, keep aside their firearms, and talk seriously to representatives of Mr Y.S. Rajasekhara Reddy's newly installed government.
It is after 15 years that guerrilla leaders like Akkiraju Haragopal (alias Ramakrishna), Sudhakar and G. Ravi, who carry rewards of lakhs of rupees on their heads, emerged from hiding to address huge public rallies and start a dialogue with people they have long considered to be their inveterate "class enemies". These leaders did their best to enhance their bargaining power by announcing a merger of their group with the Maoist Communist Centre of India just before their meetings with Andhra officials. The preparations leading up to the talks, with public meetings attended by lakhs of supporters and ordinarily curious people, and addressed by intermediaries such as Ghadar and Vara Vara Rao, were also meant to demonstrate the PWG's popular support.
That the talks took place in a cordial and constructive atmosphere is a tribute to their participants' serious intent. This also speaks well of the mediators who made the dialogue possible in the face of heavy odds, including former civil servant S.R. Sankaran and civil rights lawyer K.G. Kannabiran. Even more noteworthy is the substantive content of the PWG's demands at the talks-with a sharp focus on agrarian reform and a commission to identify surplus land for redistribution, which would include "democratic and mass organisations", not bureaucrats or retired judges alone.
The Andhra government is called upon to respond to these demands in a concrete, specific manner. After all, the Naxalites claim-quite plausibly, given Andhra's large-scale absentee landlordism and sharecropping practices-that some 84 lakh acres of land fall outside the permissible ceiling. This is 18 times higher than the official figure of 4.7 lakh acres, which seems paltry. The PWG also alleges, without full corroboration, but plausibly, that more than 40 institutions, corporations and individuals have encroached on 27,000 acres of prime land worth thousands of crores in and around Hyderabad.
An honest engagement with these issues and a purposive attempt to ascertain the facts and enforce the law will produce socially desirable and progressive results-no matter what one's individual view of the Naxalite ideology and politics and the government's initiative for a dialogue with them. That's why the talks deserve support.
Yet, sceptics have mounted a concerted campaign against the dialogue process itself. Their provenance, inspiration and arguments are all divergent, but the central thrust is identical: the talks must be scuttled in their present form because they will encourage "extremist violence" and undermine the credibility of the Indian state. BJP president L.K. Advani has now joined the critics' ranks with an additional argument: namely, that the Naxalites pose a national-level "security threat"; an isolated attempt by individual states to tackle the issue would be "dangerous" to national security and "self-defeating and retrograde"!
Mr Advani's "regional-vs-national" logic doesn't carry much weight because Andhra's isn't an "isolated" approach. Other states too are planning talks with the Naxalites. And there is a national-level coordination committee comprising different states on the issue. Andhra could set a worthy example for other states because the Naxalite problem is most severe there.
However, is there merit in the opponents' argument that the government must not talk to any "violent group" that has not given up its arms or its ideology of armed struggle? The argument has three components. First, such groups are a pathological menace to society because they are inherently, irredeemably anti-democratic, and must never be given legitimacy. Second, the only way to deal with violent radical groups is to crush them. As the controversial former Punjab police chief KPS Gill puts it: "Never has a state returned to peace through negotiations with violent groups. Only when violence is put down firmly and strongly, is there any chance for peace". And third, negotiating with such groups violates the fundamental premise that they merely represent a law-and-order problem; talks with them can only demoralise the police and encourage further extremist violence.
All three arguments are blind to the origins and evolution of the Naxalite movement and its roots in legitimate grievances, especially of the rural poor and Adivasis. The movement-so called because of the armed revolt of the mid-sixties in village Naxalbari in West Bengal-was a response, undoubtedly a radical-extremist one, to the failure of governments to address the people's basic survival needs, to redress extreme inequalities and intolerable injustices, and create a semblance of faith in the very possibility of justice in this society.
The Naxalites were born in a period of great political turmoil amidst the erosion of the Nehruvian paradigm and weakening of the Congress party's hegemony. They believed that democracy had little to offer to the people who must take to armed struggle and bring about a revolution. The Naxalites split from the CPI(M) to form the CPI(ML), but themselves soon split into countless fractions, some along ideological lines, some around personalities.
The Naxalite movement has had many strands-from semi-parliamentary ones to the purely guerrilla-centred, from groups based mainly on opposition to violence perpetrated by upper-caste private armies (as in Bihar) to those fighting for forest-dwellers' rights to livelihood. Some of the smaller organisations have degenerated into criminal groups based on extortion and blackmail. But most have retained their support-base among the people.
Indeed, Naxalism has spread to 155 districts of India, covering 12 states and a quarter of the country's area. This growth isn't attributable to violence, intimidation and extortion. Rather, the Naxalites genuinely represent the unfulfilled, often brutally suppressed, aspirations of the people and can give them a degree of protection from the worst of their oppressors in the local power structure. Typically, this structure is extremely corrupt and in the grip of influential but predatory elite groups.
Put simply, Naxalism lives on because tyranny persists and repulsive forms of injustice prevail. Naxalite politics evokes a popular response because it upholds justice for the poor through land reforms, freedom from forced labour, enforcement of minimum wages, fair prices for agricultural produce, implementation of official promises of drought relief, employment guarantees and so on.
These aims are all unquestionably worthy. But the Naxalites have a serious problem with means. Some advocate exclusively violent means which themselves exclude a majority of people. Yet often, their means are no worse than those employed by the state, including torturing and killing innocent people, strengthening horrible forms of caste and class oppression, and sexual brutalisation of women, etc.
Therefore, it's profoundly wrong to treat Naxalism as a mere law-and-order problem, leave alone a "national security" issue. Rather, underlying this politics is a social and economic problem. Naxalite politics is itself a distorted, desperate reflection of urges for change from below. That's where Advani, Gill & Co. betray their crude thanedar mentality and their poor imagination. The advocacy of the dandaa (stick) approach to all problems created by unrelieved oppression, unaddressed injustices and the hellish ignominy of life for millions of Indians can only aggravate matters. Such methods only promote collusion between the state and the forces that cause social oppression in the first place.
It's simply wrong to lump all "violent" groups together-what's in common between Al-Qaeda and People's War, or between the VHP-Bajrang Dal and CPI-(ML)? It's equally false to claim that they can never be brought to see reason or trust the democratic system by pursuasion; force alone will work. (But brute force won't reform them, it'll just eliminate them). History is replete with examples of reconciliation through dialogue and negotiation, including much of the great decolonisation movement of the last century. Negotiation has resolved knotty disputes like Alsace-Lorraine, Corsica, and very nearly, Ireland. Had South Africa's apartheid regime continued to treat the African National Congress as a law-and-order problem, the country would never have been liberated.
Starting with Andhra, all state governments must see in the Naxalite issue a challenge and an opportunity-to address neglected social agendas, correct festering injustices, and root out corrupt state functionaries working in league with absentee landlords and exploiters of child labour. The UPA's National Common Minimum Programme rightly recognised that Naxalism is "not merely a law-and-order problem, but a far deeper socio-economic issue".
The UPA must now relate to its own promises regarding health, drinking water, employment and food security by taking the Naxalites' demands on board. That's the best way to cut off the oxygen of popular despair that feeds extremist politics-and to bring the Naxalites to the path of democracy.-end-
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[5] [URLs re a Witness Protection Programme in India ]
Law Commission of India's Consultation Paper on Witness Protection Dated: 13th August, 2004
http://lawcommissionofindia.nic.in/Summary%20of%20the%20Consultation%20paper%20on%20Witness%20protection%20AND%20Questionnaire.pdf.
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The Hindu, August 22, 2004
Consultation paper on witness protection By J. Venkatesan http://www.hindu.com/2004/08/22/stories/2004082202061000.htm
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[6]
The Times of India
HOMOSEXUALITY IS PUNISHABLE: HC
PTI[ WEDNESDAY, NOVEMBER 03, 2004 06:36:36 PM ]
NEW DELHI: The Delhi High Court on Wednesday dismissed a petition seeking review of its order rejecting a PIL challenging the constitutional validity of Section 377 of the Indian Penal Code which makes all kinds of unnatural sex, including homosexuality, a punishable offence.
"The review petition cannot be entertained", a division bench of Chief Justice B C Patel and Justice B D Ahmed said dismissing the petition filed by Naz Foundation.
Earlier, senior counsel Anil B Divan pointed out on behalf of the NGO that the court had errred in dismissing the petition as it failed to take into account recent judgements of the Supreme Court on the question of locus standi.
Divan also submitted that the law on homosexuality has drastically changed in various parts of the world, including the US and the European Union countries.
"Whatever is available in the US cannot be made available in India also", the court observed.
The Bench had on September 2 last dismissed the petition filed by Naz Foundation on the ground that there was no cause of action for the petitioner to approach the Court.
"A petition cannot be filed just for testing the validity of a legislation," the Bench had said.
The NGO, which works for AIDS awareness, had filed the PIL in 2001, seeking to declare section 377, IPC as violative of right to equality (Article 14), right to freedom (Article 19) and right to life and liberty (Article 21) of the Constitution.
The Centre had opposed the petition saying homosexuality cannot be legalised in India as the society disapproves of such behaviour.
"Law does not run separately from the society. It only reflects the perception of the society. Public tolerance of different activities change and the legal categories get influenced by these changes.
"The public, notably in UK and US have shown tolerance of new sexual behaviour or sexual preference, but it is not universally accepted behaviour. Objectively, speaking, there is no such tolerance to the practice of homosexuality/ lesbianism in Indian society," the Centre had stated.
However, the NGO felt that the Court should have taken into account the grave threat to public health by proliferation of HIV as Section 377 was leading to marginalisation of homosexual minority and preventing them from coming in the open for help.
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[7] Upcoming Events:
National Convention on Wada na Todo Abhiyan November 4-5, 2004 Indian Social Institute, New Delhi
Dear Friends,
We are aware that the National and State Governments in various legitimate forms make commitments for the welfare of the citizen. These are in the form of provisions within the Constitution, Five-Year Plans, Common Minimum Programmes as well as international commitments viz-a-viz. Millennium Development Goals.
It is realised that in most of the cases, the commitments are not seriously pursued either due to weak political will, inadequate planning or insufficient resource allocation. Weak pursuance of the state or political system for the fulfilment of the promises is primarily due to inadequate voice of the common citizen to make their Governments Accountable. `Wada Na Todo Abhiyan' is primarily a campaign of the citizens for reminding Governments towards the promises made by them and make them accountable.
In this regard, state level consultations were organised with civil society groups in Uttar Pradesh, Bihar, Andhra Pradesh, Rajasthan, Kerala and consultations in Madhya Pradesh, Chhattisgarh and Orissa are planned in near future. A national level preparatory meeting was organised in Delhi on 28th August to evolve the campaign. It was suggested in the meeting that a national convention should be organised to evolve and build consensus on the strategies.
The national convention is being organised during November 4-5, 2004 at Indian Social Institute, (10, Institutional Area, Lodhi Road, New Delhi). The purpose of the national consultation is primarily to evolve a long-term strategy for the `Wada Na Todo Campaign'. It will help build a shared perspective on the objectives of the campaign and will carve out a detailed road map for taking the campaign forward in different states as well as nationally.
We are inviting about 250-300 participants from various states representing voluntary organisations, activists involved in various campaigns, media, academia and trade union and mass organisations.
We are requesting you to participate in the national convention on `Wada Na Todo'.
The details of the final programme will be sent to you soon.
Kindly confirm your participation to help us make necessary arrangements.
With regards
Anil K Singh (Convenor) Dr.Yogesh Kumar (Co-Convenor)
PROGRAMME SCHEDULE NATIONAL CONVENTION ON WADA NA TODO ABHIYAN 4th &5th November 2004, Venue: Indian Social Institute
DAY ONE- 4th November 2004
9.30 A.M.- 10.00 A.M. Registration with tea
INAUGRAL SESSION
10.00A.M. - 11.00 A.M. Guest of Honour: Mr.M.V.Rajsekharan(Union Minister of Planning)
Welcome address by Mr. Anil K. Singh
Civil Society Perspective of Wada na Todo Abhiyan
Dr. Yogesh KumarKeynote address on 'Wada Na Todo Abhiyan'
Shri Ramchandra Rahi
Design of the convention & Vote of Thanks
Dr.Gimmy Dabhi
11.00 A.M.- 11.30 A.M. TEA
11.30 A.M- 1.30 P.M Parallel Sessions
I. Right to Livelihood
Anchor: Prof.S.KThorat Community/ Citizen Voices II. Right to Education
Anchor:Dr.Ramanath Nayak and
Ms.Shalini and Ms.Archana
Community/ Citizen Voices
Community/ Citizen Leader's Voices1.30 P.M- 2.30 P.M. LUNCH
2:30 P.M-4:00 P.M Parallel Sessions
III. Right to Health
Anchor: Dr.Bappukunju Eqbal and
Ms.Manjir Rahi
Community/Citizen Voices IV. Right over Natural Resources
Anchors: Mr.Bharat Dogra and Mr. Pankaj Sekhsaria
Community/Citizen Voices
4.0 0PM- 4.30 PM TEA
4.30 PM-6.00 PM PLENARY
Presentations of Key Challenges Emerging From
Parallel SessionsChair: Mr.Alok Mehta
Panelists: Ms.Syeeda Hameed
Mr.Sandeep Dixit
Prof.Amitabh Kundu
Ms.Reva Nayyar (Sec. Women &Child Development) (Tentative)
DAY TWO- 5th November 2004
Plenary
9.30AM- 10.30 AM Development Goals- Issues of Dalit, Tribal and Women
Chair- Mr.Savi Savarkar
Panelists: Dr. Pam Rajput
Mr.Marinus Kujur
Mr.Martin Macwan
10:30AM- 11:30 PM Session II
Chair: Salil Shetty
Reflections on Global Process Around MDG
Mr. John Samuel and Dr. Bappukunju EqbalKey strategic elements for designing the campaign:Some Pointers Dr. Yogesh Kumar
11:30 AM- 12:00 PM Tea Break
12:00PM- 1.00 PM Parallel sessions
Key elements for strategising campaign
I. Operational Planning For the Campaign ( Issues For Discussion) Facilitator: Mr. Ashok Singh and Mr.Anil K Singh
II. People's Mobilisation and Public
Education(Issues For Discussion)
Facilitator:Mr.Paul Divakar and Dr.Yogesh Kumar
III. People's Voices on Development Goals
A. Structure, roles, function & resources
B. Strategy for Research, Lobby & Advocacy A. Popular Action, Event & Launch
B. Media
C. Networking / Alliance Building
1.00 PM- 2.00 PM LUNCH
3.0 PM- 4.00 PM Formalising Strategy
Chair: Mr. Jagdananda
Facilitators: Mr. Amitabh Behar,Mr. Ashok Bharti & Mr. Cherian Mathew
Presentation of groups & Consensus building
Presentation of group I&II
Discussion_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/
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