REPORT OF
CONSULTATION MEETING OF CONCERNED ENVIRONMENTAL AND HUMAN RIGHTS
ORGANISATIONS AND INDIVIDUALS ON THE WITHDRAWAL OF HANS DEMBOWSKI'S
BOOK BY ORDER OF CALCUTTA HIGHCOURT
On invitation
of Vasundhara, the concerned environmental and human rights organizations
and individuals of Kolkata met on 6 December, 2001 at 6 pm at the
hall of Tollygunge Development Council, Kolkata, to discuss the
issue of withdrawal of Hans Dembowski's book.
Hans Dembowski,
a German student and journalist came to Kolkata two years back to
do his research on environmental activities and related legal issues,
particularly making an appraisal of the functioning of the Green
Bench. During his research he met a number of personalities involved
in environmental activities in Kolkata. He submitted his PhD in
Bielfeld University, Germany in the Department of Sociology in September
1998. His PhD thesis has been published as a book titled " Taking
the State to Court - Public Interest Litigation and the Public Sphere
in Metropolitan India" by Oxford University Press in January 2000.
The book was officially released in a function held in the Kolkata
Book Fair.
However, two
lawyers of Calcutta High Court, one of them being government pleader,
made a petition to the Chief Justice of Calcutta High court stating
that the book contains "scurrilous derogatory and scandalous remarks
against this Hon'ble Court" and has "scandalized and/or tended to
lower the Authority of this court". In an interim order Calcutta
High Court has stopped circulation of the book. The writer Hans
Dembowski is yet to receive any legal notice and therefore feels
helpless.
The Consultation
was attended by environmental organizations - Vasundhara, Howrah
Ganatantrik Nagarik Samity, School of Fundamental Research, Centre
for Studies in Social Sciences, Swasthya O Paribesh, Disha, Purba
Kolkata Paribesh Sameekshan, Adi Ganga Paribesh Suraksha Committee
and human rights organizations - Human Rights Lawyers Network, Manabadhikar
Suraksha Mancha and Majzdur Mukti.
Eminent individuals
present were Prof. S.C.Santra (Head, Ecological Sciences, Kalyani
University), Shri Samar Bagchi (Eminent Scientist), Sadhan Roychowdhury
(Advocate, Calcutta High Court) and others.
Mohit Ray of
Vasundhara presented the background of the meeting and read out
the petition against Hans Dembowski's book. He expressed concern
about the withdrawal of the book. Subhas Dutta of Howrah Ganatantrik
Nagarik Samity described in details the events leading to the withdrawal
of the book and the legal position. He thought that an appeal should
be made at Supreme Court. As Subhas Dutta has also been accused
in the case and therefore it was not possible for him to take up
the case. Sutapa Chakraborty of Human Rights Lawyers Network spoke
on their activities and expressed their willingness to help in legal
intervention. Sadhan Roychowdhury said that the withdrawal of the
book hampers the right of the environmental activists to have access
to an important document and the groups can file Public Interest
Litigation in Calcutta High Court. Biplab Basu of School of Fundamental
Research said that the legal position may be more complicated. Anup
Dutta of Purba Kolkata Paribesh Sameekshan, Pradip Chatterjee of
Disha, Samar Bagchi and others took part in the discussio. Dr. Ashish
Ghosh (Centre for Environment & Development) and Amal Dutta (Bar-at-Law,
Ex-MP) could not attend the consultation but expressed their solidarity
with the environmental groups.
The consultation
adopted the appeal given below. It also decided that Vasundhara
will organize an initial meeting with Sadhan Roychowdhury to find
out the legal steps that may be taken up jointly by the environmental
groups. It will also keep all the present ones informed about the
case.
APPEAL
This Consultation
on "Taking The State to the Court" by Dr. Hans Dembowski, published
by Oxford University Press, New Delhi, 2001, is concerned that an
important book on Calcutta's environmental issues has become inaccessible
to the concerned readers. It is an academic research on Calcutta's
environment and being published by Oxford University Press it could
reach a wide readership nationally and internationally. There is
in fact very few such work on Calcutta's environment which is available
to the readers. Besides, environment is now considered to be a basic
human rights issue for the people where denial of access to this
book would hinder their right to information. In this context, we,
the Concerned Environmental and Human Rights Activists, Organizations
and Citizens, appeal to the all concerned to take necessary steps
so that the book can again be accessible to the readers. This will
help the movement to improve Calcutta's environment. 6 December,
2001, Kolkata
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