Another May 22: Crash victims’ families continue their fight for compensation

[email protected] (CD Network)
May 22, 2012

crash

Mangalore, May 22: Tuesday marks a somber anniversary especially for Mangaloreans, who witnessed India’s third deadliest aviation disaster in its civil aviation history on May 22, 2010.

It was on this day two years ago that Air India Express flight IX812 from Dubai to Mangalore overshot the runway on landing, fell over the cliff, caught fire and scattered wreckage across the surrounding hillside at Kenjar near here. In all, 158 persons lost their lives, while eight survived this incident miraculously.

Two years down the line, there is a steady stream of visitors to ground zero, where the Boeing 737-8NG split into two and ended up in a ball of inferno, charring 152 passengers and six crew members on board.

People throng the site for various reasons. While for the next of kin of victims, a trip to ground zero is to establish an emotional connection, for the others it is just a matter of satiating their curiosity of having seen the crash site for themselves.

The memories of the mishap continued to lurk the lives of the kin of the victims, who even after two years, decided to continue their fight for ‘just and equal compensation’ that Air India should give for the death of their beloved ones.

Fight for Compensation

Though, during the first condolence meet held in the city, both the Air India authorities as well as the Civil Aviation top brasses had promised to settle the compensations within three months, the compensation dispensation procedure took the Counsel of the Air India about two years to complete.

The sole question that most of the family members of the victims ask is that whether the hearing really required this span of time or could it have been a bit faster.

Most of the kin of the deceased say that the handling of the claims by the Attorney has been haphazard, in the sense that they were randomly called for hearing.

“There was no fixed date for the hearing. Sometimes the Counsel sat once in four months. The families were called randomly without any chronological order of receipt of claim applications,” said a family member adding that if the Counsel wanted it could have settled the cases way before the expiry of ‘Law of Limitation’, which makes it mandatory to settle all the cases before two years of the date of the mishap.

Claims of Nanavati

However, contrary to the claims of victims’ kin, the Counsel for Air India Mulla and Mulla has claimed to have settled 159 cases of the 160 cases of passengers for Rs 115 crore.

Advocate and solicitor Hoshang D Nanavati from Mulla & Mulla told media that all cases barring one with a foreign firm had been settled either on full and final basis or as per the judgment of the Kerala high court.

"All claims for more compensation than the settled amount by the victims' families will be time-barred as per the Montreal Convention, which has set a two year period for appeals, if they have not filed a suit yet," he said.

Mahammed Beary, president of Mangalore Air Crash Victims' Families Association, said that about eight to 10 families of the crash victims, who were paid a compensation as per the Kerala HC's verdict might approach the civil court for more compensation or a minimum of one lakh SDR (Special Drawing Rights -roughly Rs 75 lakh.)

In January this year, the Supreme Court issued a notice to the Central government and AI on a petition by S Abdul Salaam seeking a minimum compensation of one lakh SDR under the Montreal convention each for the kin of all 158 persons killed in the crash. The matter will come up for hearing in October this year. Salaam, father of Mohammed Rafi, 24, who perished in the crash, approached the apex court after a division bench of Kerala high court in August, 2011 allowed AI's appeal and quashed an order by the single bench holding a minimum of one lakh SDRs to be payable in respect of death of each passenger.

Memorial

Mr Beary said, the office-bearers of Association are holding a meet to discuss over various issues pertaining to them during the second anniversary of the tragedy.

Since most of the families will be holding various religious programmes commemorating the demise of their beloved ones, only the office-bearers will meet and discuss mainly over the need to install a memorial at the mishap spot.

“A memorial was installed after the mishap but some miscreants had shown disrespect to the deceased members by destroying the memorial. We want to have something concrete this time. Air India had said that it would provide funds to Malavoor GP to have a building and promptly renowned Cardiologist Dr B M Hegde had said that memorial building should be named ‘Souhardha Bhavan’. We will look at materializing this,” said Mr Beary.

Unidentified Bodies

Lamenting over the present plight of the ground at Tannirbavi where 12 unidentified dead bodies were buried, Beary said that today trucks, lorries and heavy vehicles laden with sand and other commodities pass over the land.

“This is disrespect to the dead. We want the district administration to at least fence this area and maintain the sanctity of the place,” said Beary adding that in this regard a memorandum will be submitted to the Deputy Commissioner and the Air India authorities.

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Ram Puniyani
June 29,2020

In Minneapolis, US an African American, George Floyd lost his life as the white policeman, Derek Chauvin, caught hold of him and put his knee on his neck. This is a technique developed by Israel police. For nine long minutes the knee of the while policeman was on the neck of George, who kept shouting, I can’t breathe.

Following this gruesome murder America erupted with protests, ‘Black lives matter’. The protestors were not just African Americans but also a large section of whites. Within US one police Chief apologized for the act of this. In a touching gesture of apology the police force came on its knees. This had reverberations in different parts of the World.

The act was the outcome of the remnants of the racial hatred against blacks by the whites. It is the hatred and the perceptions which are the roots of such acts of violence. What was also touching that the state of democracy in US is so deep that even the police apologized, the nation, whites and blacks, stood up as a sensitive collective against this violence.

US is not the only country where the brutal acts of violence torment the marginalized sections of society. In India there is a list of dalits, minorities and adivasis who are regularly subjected to such acts. But the reaction is very different. We have witnessed the case of Tabrez Ansari, who was tied to the pole by the mob and beaten ruthlessly. When he was taken to police station, police took enough time to take him to hospital and Tabrez died.

Mohsin Sheikh, a Pune techie was murdered by Hindu Rashtra Sena mob, the day Modi came to power in 2014. Afrazul was killed by Shambhulal Regar, videotaped the act released on social media. Regar believed that Muslims are indulging in love Jihad, so deserve such a fate. Mohammad Akhlaq is one among many names who were mob lynched on the issue of beef cow. The list can fill pages after pages.

Recently a young dalit boy was shot dead for the crime of entering a temple. In Una four dalits were stripped above waste and beaten mercilessly. Commenting on this act the Union Minister Ramvilas Paswan commented that it is a minor incident. Again the list of atrocities against dalits is long enough. The question is what Paswan is saying is the typical response to such gruesome murders and tortures. In US loss of one black life, created the democratic and humane response. In India there is a general silence in response to these atrocities. Some times after a good lapse of time, the Prime Minister will utter, ‘Mother Bharati has lost a son’. Most of the time victim is blamed. Some social groups raise their voice in some fora but by and large the deafening silence from the country is the norm.

India is regarded as the largest democracy. Democracy is the rule of law, and the ground on which the injustices are opposed. In America though the present President is insensitive person, but its institutions and processes of democratic articulations are strong. The institutions have deepened their roots and though prejudices may be guiding the actions of some of the officers like the killer of George, there are also police officers who can tell their President to shut up if he has nothing meaningful to say on the issue. The prejudices against Blacks may be prevalent and deep in character, still there are large average sections of society, who on the principles of ‘Black lives matter’. There are large sections of vocal population who can protest the violation of basic norms of democracy and humanism.

In India by contrast there are multiple reasons as to why the lives of Tabrez Ansari, Mohammad Akhlaq, Una dalit victims and their likes don’t matter. Though we claim that we are a democracy, insensitivity to injustices is on the rise. The strong propaganda against the people from margins has become so vicious during last few decades that any violence against them has become sort of a new normal. The large populace, though disturbed by such brutalities, is also fed the strong dose of biases against the victims. The communal forces have a great command over effective section of media and large section of social media, which generates Hate against these disadvantaged groups, thereby the response is muted, if at all.

As such also the process of deepening of our democracy has been weak. Democracy is a dynamic process; it’s not a fixed entity. Decades ago workers and dalits could protest for their rights. Now even if peasants make strong protests, dominant media presents it as blocking of traffic! How the roots of democracy are eroded and are visible in the form where the criticism of the ruling dispensation is labelled as anti National..

Our institutions have been eroded over a period of time, and these institutions coming to the rescue of the marginalized sections have been now become unthinkable. The outreach of communal, divisive ideology, the ideology which looks down on minorities, dalits and Adivasis has risen by leaps and bounds.

The democracy in India is gradually being turned in to a hollow shell, the rule of law being converted in to rule of an ideology, which does not have faith in Indian Constitution, which looks down upon pluralism and diversity of this country, which is more concerned for the privileges of the upper caste, rich and affluent. The crux of the matter is the weak nature of democracy, which was on way to become strong, but from decades of 1980s, as emotive issues took over, the strength of democracy started dwindling, and that’s when the murders of the types of George Floyd, become passé. One does complement the deeper roots of American democracy and its ability to protect the democratic institutions, which is not the case in India, where protests of the type, which were witnessed after George Floyd’s murder may be unthinkable, at least in the present times. 

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Ram Puniyani
February 10,2020

Noam Chomsky is one of the leading peace workers in the world. In the wake of America’s attack on Vietnam, he brought out his classic formulation, ‘manufacturing consent’. The phrase explains the state manipulating public opinion to have the public approve of it policies—in this case, the attack of the American state on Vietnam, which was then struggling to free itself from French colonial rule.

In India, we are witness to manufactured hate against religious minorities. This hatred serves to enhance polarisation in society, which undermines India’s democracy and Constitution and promotes support for a Hindu nation. Hate is being manufactured through multiple mechanisms. For example, it manifests in violence against religious minorities. Some recent ghastly expressions of this manufactured hate was the massive communal violence witnessed in Mumbai (1992-93), Gujarat (2002), Kandhamal (2008) and Muzaffarnagar (2013). Its other manifestation was in the form of lynching of those accused of having killed a cow or consumed beef. A parallel phenomenon is the brutal flogging, often to death, of Dalits who deal with animal carcasses or leather.

Yet another form of this was seen when Shambhulal Regar, indoctrinated by the propaganda of Hindu nationalists, burned alive Afrazul Khan and shot the video of the heinous act. For his brutality, he was praised by many. Regar was incited into the act by the propaganda around love jihad. Lately, we have the same phenomenon of manufactured hate taking on even more dastardly proportions as youth related to Hindu nationalist organisations have been caught using pistols, while police authorities look on.

Anurag Thakur, a BJP minster in the central government recently incited a crowd in Delhi to complete his chant of what should happen to ‘traitors of the country...” with a “they should be shot”. Just two days later, a youth brought a pistol to the site of a protest at Jamia Millia Islamia university and shouted “take Azaadi!” and fired it. One bullet hit a student of Jamia. This happened on 30 January, the day Nathuram Godse had shot Mahatma Gandhi in 1948. A few days later, another youth fired near the site of protests against the CAA and NRC at Shaheen Bagh. Soon after, he said that in India, “only Hindus will rule”.

What is very obvious is that the shootings by those associated with Hindu nationalist organisations are the culmination of a long campaign of spreading hate against religious minorities in India in general and against Muslims in particular. The present phase is the outcome of a long and sustained hate campaign, the beginning of which lies in nationalism in the name of religion; Muslim nationalism and Hindu nationalism. This sectarian nationalism picked up the communal view of history and the communal historiography which the British introduced in order to pursue their ‘divide and rule’ policy.

In India what became part of “social common sense” was that Muslim kings had destroyed Hindu temples, that Islam was spread by force, and that it is a foreign religion, and so on. Campaigns, such as the one for a temple dedicated to the Hindu god Rama to be built at the site where the Babri masjid once stood, further deepened the idea of a Muslim as a “temple-destroyer”. Aurangzeb, Tipu Sultan and other Muslim kings were tarnished as the ones who spread Islam by force in the subcontinent. The tragic Partition, which was primarily due to British policies, and was well-supported by communal streams also, was entirely attributed to Muslims. The Kashmir conflict, which is the outcome of regional, ethnic and other historical issues, coupled with the American policy of supporting Pakistan’s ambitions of regional hegemony, (which also fostered the birth of Al-Qaeda), was also attributed to the Muslims.

With recurring incidents of communal violence, these falsehoods went on going deeper into the social thinking. Violence itself led to ghettoisation of Muslims and further broke inter-community social bonds. On the one hand, a ghettoised community is cut off from others and on the other hand the victims come to be presented as culprits. The percolation of this hate through word-of-mouth propaganda, media and re-writing of school curricula, had a strong impact on social attitudes towards the minorities.

In the last couple of decades, the process of manufacturing hate has been intensified by the social media platforms which are being cleverly used by the communal forces. Swati Chaturvedi’s book, I Am a Troll: Inside the Secret World of the BJP’s Digital Army, tells us how the BJP used social media to spread hate. Whatapp University became the source of understanding for large sections of society and hate for the ‘Other’, went up by leaps and bounds. To add on to this process, the phenomenon of fake news was shrewdly deployed to intensify divisiveness.

Currently, the Shaheen Bagh movement is a big uniting force for the country; but it is being demonised as a gathering of ‘anti-nationals’. Another BJP leader has said that these protesters will indulge in crimes like rape. This has intensified the prevalent hate.

While there is a general dominance of hate, the likes of Shambhulal Regar and the Jamia shooter do get taken in by the incitement and act out the violence that is constantly hinted at. The deeper issue involved is the prevalence of hate, misconceptions and biases, which have become the part of social thinking.

These misconceptions are undoing the amity between different religious communities which was built during the freedom movement. They are undoing the fraternity which emerged with the process of India as a nation in the making. The processes which brought these communities together broadly drew from Gandhi, Bhagat Singh and Ambedkar. It is these values which need to be rooted again in the society. The communal forces have resorted to false propaganda against the minorities, and that needs to be undone with sincerity.

Combating those foundational misconceptions which create hatred is a massive task which needs to be taken up by the social organisations and political parties which have faith in the Indian Constitution and values of freedom movement. It needs to be done right away as a priority issue in with a focus on cultivating Indian fraternity yet again.

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