Air crash payout judgment a big boost to our fight'

[email protected] (CD Network)
July 21, 2011

Mangalore, July 21: The Kerala High Court judgment ruling that the families of the victims of the Air India Express crash in Mangalore Mangalore last year are entitled to a minimum individual compensation of Rs 75 lakh has evoked a sense of relief among the the relatives of those who died in one of the worst air disasters in India's aviation history.


Welcoming the decision, Mohammed Beary, president, Mangalore Air Crash Victims' Families Association, said, the counsel of Air India and senior advocate H.D. Nanavati had been staunchly opposing our claim for awarding compensation as per the provisions of the Montreal convention.


“Nanavati had also ridiculed the then aviation minister Praful Patel by saying that he did not have legal knowledge. The Kerala High Court judgment will be a boost for our fight against the discriminatory payout policy pursued by the Air India and their agencies,” Mr Beary said.


However, Mr. Beary was quick to add that“A person's life can't be equated with money.”


“We have also approached the Swedish lawyers seeking compensation on par with international standards. We have given all our document s to the reputed legal firm. One should also bear in mind that the when we filed a writ petition in the High Court through, it was yet not confirmed that the tragedy was a result of pilot error,” he noted.


When asked about the possibility of Air India filing an appeal in the High Court, Mr Beary, said we are prepared to fight against such an appeal also.


“Our lawyers —Urban Olson and Stephen Erikson - both from Stockholm in Sweden, will hold negotiations with a London insurance company with regard to the compensation of 60 crash victim families. The meeting will take place on July 28. This will be followed by two more rounds of negotiations. We are hopeful of securing justice,” Mr. Beary said.


Meanwhile, Mangalore Air Crash Victims' Families Association (formed to help the victims' kin) Legal Advisor Varadaraj K termed the verdict as landmark and said the decision would not only help the family members of May 22, 2010, crash victims, but would also serve as a future reference.

Recalling the “callous attitude” of the advocates of Mulla & Mulla (the legal counsels for Air India), who offered only Rs 35 lakh compensation to the kin of Mohammed Rafi of Kasargod, a victim of the air crash, Varadaraj said the Air India counsels had in fact forced Rafi's father Abdul Salam to approach the High Court that ruled in favour of Rafi, thereby helping all the victims.

Counsels for Air India had fixed Rs 30 lakh for women, Rs 25 lakh for children and Rs 35 lakh for men killed in the crash.

Prof John D'Silva, Principal, St Aloysius PU College, who also refused to accept the meagre compensation offered by Air India for his 29-year-old relative Ullas Joseph D'Silva's death, said: “They (Air India counsels) can't bargain or fix a price for a human being based on his present salary, when there is every chance of him getting a promotion in his career.” Ullas was employed as an accountant in a five-star hotel in West Asia.

Air India reaction

Meanwhile Air India has clarified that the airlines was not connected with the issue of compensation and the issue was being handled by the insurance companies.


When contacted, Chellam Prasad, Air India (Mangalore)?Station Manager, said the national carrier was awaiting a copy of the Kerala court judgment. He said the authorities would decide the future course of action after obtaining the verdict copy.

Victim's father slams AI

“I had no other option but to approach the court when the advocates (appointed by Air India) cared a pin for our pleas and fixed a price for my son's life,” Abdul Salam said.

“Your son was earning Rs 25,000 in Sharjah. So, we will give Rs 25 lakh as compensation,” Salam cited Mulla &?Mulla chief H?D?Nanavathi as telling him when he approached the Air India counsels for more compensation.

“I told them I would give the legal counsels Rs 50 lakh if they gave me back my son,” Salam said.

So far, the Air India has settled only 55 cases (52 dead and 3 survivors) while 68 persons (47 in Mangalore and 21 in Dubai) have approached the foreign law firm.

mangalore-air-crash-victims

Petitioner Abdul Salam (extreme right), his son Abdul Nasir with a photo of Mohammad Rafi, who was killed in Mangalore air crash

ARV

ARV2

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coastaldigest.com news network
July 27,2020

Udupi, Jul 27: Karnataka chief minister B S Yediyurappa has appointed BJP leader Lalaji R Mendon as the new chairman of the State Backward Classes Commission.

Mendon is a three-time MLA from the Kapu Assembly constituency. During his second term as MLA, he was the Director in Konkan Railway’s Board.

Mr Yediyurappa has appointed 24 MLAs to different corporations in the state. Mendon is only one from coastal Karnataka.

Mendon is the only MLA representing BJP from fishermen's community. He was the president of Kaup unit of BJP Yuvamorcha. He also served as the state BJP secretary.

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News Network
January 31,2020

Bengaluru, Jan 31: Karnataka Chief Minister B S Yediyurappa on Friday got the green signal from the BJP central leadership for the much-awaited cabinet expansion in the state and he is mostly likely to induct 11 ministers. Yediyurappa said the date of swearing-in will be decided in a day or two, although he indicated that it would most likely be held on February 3.

Currently, there are 18 ministers, including the chief minister, in the cabinet that has a sanctioned strength of 34. Sixteen berths are vacant. "Many of our suggestions have been accepted by Home Minister Amit Shah and BJP national president J P Nadda. If there are differences, we will discuss in Bengaluru and finalise it," Yediyurappa told reporters after meeting Shah in the Parliament Complex here.

Except for one or two, most of the disqualified JDS-Congress MLAs who got re-elected in the bypolls on BJP tickets will be made ministers, he said, adding there won't be any additional deputy chief ministers. However, sources said, a total of 11 ministers would be inducted into the cabinet.

"We discussed yesterday and now also. Shah has agreed to almost everything," Yediyurappa said, adding he is returning back "happy" after getting the nod for the cabinet expansion. "I am going happy," he said.

Yediyurappa had been anxiously waiting for the party high command's approval to expand his ministry amid intense lobbying by the aspirants. Opposition parties have been critical of the BJP and Yediyurappa over the delay in the cabinet expansion, alleging he was weak and that his administration had collapsed.

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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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