[sacw] [ACT] sacw dispatch (22 Jan 00)

[Harsh Kapoor]

South Asia Citizens Web Dispatch
22 January 2000
(http://www.mnet.fr/aiindex)
___________________
#1. Edit. on doings of the Hindu right in Gujarat India
#2. Full text of the controversial bill passed by the BJP-led government in =
UP
#3. The Pakistani Text Books & Hatred
#4. A Pakistani Saga of Fraternal Rivalry
___________________

#1.
The Hindustan Times, New Delhi,
Jan.22, 2000
Editoriial

Gujaratis like to claim that they are India's leading community. Were it not
for Mahatma Gandhi, they say, we would never have got rid of the British.
Another Gujarati, Vallabhbhai Patel, united India. A third Gujarati, Morarji
Desai, restored order out of the terror of the Emergency. And so on.
One wonders, therefore, what proud Gujaratis will make of the picture this
paper published last Sunday. It showed Gujarat Chief Minister Keshubhai
Patel, outfitted in full 'knickerwallah' gear: Khaki shorts, knobbly knees, =
an
incongruously expensive pair of Nike trainers and a Wee Willie Winkie
woollen cap. Even those who argue that one should not be swayed by
appearances will be horrified by the Gujarat government's record as listed
on the same page. In August 1996, the Sangh parivar ransacked the
Husain-Doshi Gufa in Ahmedabad and vandalised works of art. In June 1998,
copies of the Bible were burnt in a Rajkot school. In July 1998, the Bajrang
Dal beat up students at Ahmedabad's Centre for Environment, Planning and
Technology and ordered the girls not to 'imitate Madonna'. In the same
month, a corpse was exhumed from a Christian cemetery and dumped by the
river in Kheda district. At roughly the same time, over 50 Muslim families
were driven out of their villages by VHP activists. In December 1998, just
as Christians were planning a protest rally, the government announced that
grants-in-aid to their schools would be stopped. That month, huts used as
churches by tribals in Dangs district were torched. In July 1999, the
Bajrang Dal set fire to an Ahmedabad restaurant partly owned by a Muslim;
the owner was killed in the fire.

The list goes on and on. What is most reprehensible is that far from showing
any remorse, the Gujarat government seeks to legitimise the intolerance. It
all but encourages government servants to join the RSS and puts itself
forward as the 'laboratory' of the Sangh parivar. Two conclusions follow
from the Gujarat experience. The first is that we should not let the
relative moderation of the Vajpayee-led NDA government in New Delhi blind us
to the true nature of the Sangh parivar. The men who run Gujarat are only a
few heartbeats away from the centre of power in Delhi. The second conclusion
is that no Gujarati can be proud of the way his State is governed. Gujaratis
have always distinguished between their state - which they view as cultured
and sophisticated - and the states of the Hindi belt - which they see as
less sophisticated. But, say this for UP and Bihar: things have never been
as bad in those states as they are today in Gujarat. We have travelled a
long way from the days of Gandhi and Patel.

____________

#2.
22 Jan.2000

Controversial Bill in UP, India

Dear Mr Kapoor
Sending you the full text of the official English version of controversial b=
ill
passed by the BJP-led coalition government in Uttar Pradesh.We invite all
concerned to participate in a convention being orgainsed in protest against
the bill at
Lucknow on February 20 by various organisations including the All India
Muslim Forum
C.P.Jha
General Secretary
People's Media
e-mail<upmedia@l...>

=46OLLOWING IS THE FULL TEXT OF THE OFFICIAL ENGLISH VERSION OF
THE UTTAR PRADESH REGULATION OF PUBLIC RELIGIOUS BUILDINGS AND PLACES BILL,2=
000
AS PASSED BY THE UTTAR PRADESH LEGISLATIVE ASSEMBLY ON 4 JANUARY 2000 AND
THE STATE LEGISLATIVE COUNCIL ON 6 JANUARY 2000.
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THE UTTAR PRADESH REGULATION OF PUBLIC RELIGIOUS
BUILDINGS AND PLACES BILL, 2000

A
BILL
TO REGULATE THE USE OF A BUILDING AS PUBLIC RELIGIOUS BUILDING AND THE USE
OF A PLACE AS PUBLIC RELIGIOUS PLACE OR FOR THE CONSTRUCTION OF A PUBLIC
RELIGIOUS BUILDING AND TO PROVIDE FOR MATTERS CONCECTED THEREWITH OR
INCIDENTAL THERETO.
IT IS HEREBY ENACTED IN THE FIFTIETH YEAR OF THE REPUBLIC OF INDIA AS
=46OLLOWS:-
SHORT TILE EXTENT ANDCOMMENCEMENT
=2E.........................................................................=
=2E.....
=2E...................

1.(1) THIS ACT MAY BE CALLED THE UTTAR PRADESH REGULATION OF PUBLIC
RELIGIOUS BUILDINGS AND PLACES ACT, 2000.

(2) IT EXTENDS TO THE WHOLE OF UTTAR PRADESH.

(3) IT SHALL COME INTO FORCE ON SUCH DATE AS THE STATE GOVRERNMENT MAY,
BY NOTIFICATION APPOINT IN THIS BEHALF.

DEFIN
ITIONS......................................................................=
=2E...
=2E.........................................................................=
=2E.....
=2E...........

2. IN THIS ACT:-
(a)" BUILDING" INCLUDES;
(i) any structure or enclosure, whether rooted or not, constructed or
created with any building material
whatsoever;
(ii) any part of a building such as walls,varandahs, plateforms, plinths,
doors,windows material whatsoever;
(iii) a tent, or other like portable or temporary structure;
(b)"construction' includes expansion, conversion or reconstruction of a
building;
(c)"place" means any open space not covered by or included in a building;
(d)"public religious building" means a building, by whatever name
described, used or intended to be used
or dedicated for being used, generally by any religious denomination or
section thereof as of right for performing religious worship or for
carrying on any activity pertaining to the matter of religion or for
the purpose of religious instructions, or offering prayers which includes
bhajan, kirtan, stuti and namaz or peformance of any religious rites by
persons of, or belonging to, any religion, creed, seet or class, such as a
temple, mosque, gurudwara, church, chhattri,dargah, mazar, khangah, matha,
takiya or the like, and "public religious place" shall mutatis mutandis be
construed accordingly be constructed accordingly and shall also include a
burial ground or a cremation ground or such other like place as may be
notified by the state government from time to time.

REGULATION OF USE OF BUILDINGS AND PLACES FOR RELIGIOUS
PURPOSES.................................
3.No building or place, not already used as a public religious building or
public religious building or public religious place before the
commencement of this act, shall, after such commencement, be used as
public religious building or as public religious place, or for the
construction of a public reglious place, or for the construction of a
public religious building except in accordance with the provisions of this
act.
Explanation-Nothing in this section shall be decual to prohibit the use of
a building or place or a function in connection with birth, marriage or
death of an indivisual or the taking out of a procession in connection
with the performance of and religious rite or ceremony.

APPLICATION FOR
PERMISSION..................................................................=
=2E...
=2E.........................................................
4.Any person intending to use a building as public religious building or a
place as public religious place
or for the construction of a public religious building shall make an
application therefor to the district
magistrate in the manner prescribed.

PROCEDURE TO BE FOLLOWED BY THE DISTRICT
MAGISTRATE................................................................
5.On receipt of an application under section 4, the district magistrate
may, after making such inquiry as
he may deem necessary, by order in writing, grant the permission,
unconditionally, or with such conditions as to security or otherwise as he
may consider reasonable in the circumstances of the case, or
refuse thepermission, applied for:
Provided that no permission shall be granted, if the District Magistrate
is satisfied that:--
(a)It is necessary so to do in the interest of public order, morality and
health:
(b)It will interfere with the right of any other religious denomination
freely to profess and practise
religion or to manage its own affairs in the matter or religion:
(c)The use of the building or place applied for,is forbidden by any law or
is such, as would, if permitted, defeat the provisions of any law.

PREVENTIVE
ACTION......................................................................=
=2E...
=2E.........................................................................=
=2E.
6.(1)Whenever the district magistrate on receiving information and on
making such inquiry, as he thinks
fit,considers that in contravention of the provisions of this Act,-
(a) any building is used, or is likely to be used, as a public religious
building:
(b) any place is being used, or is likely to be used, as a public
religious place: or
(c) any public religious building, is being, or has been, or is likely to
be, constructed:
He may make an order requiring the person concerned to desist from prevent
or stop, such activities or
to remove the building so constructed, and if he objects so to do, to
appear before him at a time and place to be fixed by the order, and show
cause why the order should not be made absolute.

(2)The provisions of sections 134,135,136,138 and142 of the Code of
Criminal Procedure, 1973 shall mutatis mutandis apply in respect of a
proceeding under this section including the service of order and
objections thereto.
(3)Where an order referred to in sub-section (1)has been made absolute, the
District Magistrate shall require the person against whom the order was
made, to perform the act directed by the order within a time to be fixed
by him and if such act is not performed wthin the time so fixed, the
District Magistrate shall cause it to be performed by using such force as
may be necessary in the circumstances of the case and may recover from
such person the costs of performing it.

APPEAL......................................................................=
=2E...
=2E.........................................................................=
=2E.....
=2E.......................
7.(1)Any person aggrieved by an order of the District Magistrate
undersection 5 or section 6 may ,
whtin thirty days of the communication of the order to him, appeal to the
commissioner.
(2)Eevery appeal under this section shall be made by a petition in writing
and shall be accompanied by a certified copy of the order appealed against
and by such fee as may be prescribed.
(3)When an appeal is preferred under this section, the commissioner may
stay the enforcement of the order appealed against pending the disposal
of the appeal on such conditions as he deems fit.
(4)Every appeal under this section shall be disposed of by the commissioner
as expeditiously as possible after giving the appellant and the state a
reasonable opportunity of being heard.
(5)The commissioner may pass any order confirming, modifying or reversing
the order appealed against. (6)The provisions of sections 5 and 12 of the
limitation act, 1963 shall mutatis mutandis apply in relation to every
appeal under this section.

JURISDICTION OF COURTS BARRED
=2E.........................................................................=
=2E.....
=2E......................................
8.An order made under this act by the District Magistrate, or on appeal by
the commissioner shall be final and shall not be called in question in
any civil court.

DURATION OF PERMISSION UNDER SECTION
5...........................................................................=
=2E...
=2E....................
9.A permission granted under section 5 shall lapse if no construction
permitted thereunder is commenced within one year from the date of
communication of the permission to the applicant.

PENALTY.....................................................................=
=2E...
=2E.........................................................................=
=2E.....
=2E.....................
10. Whoever contravenes, or attempts to contravene, or abets the
contravention of, any of the provisions
of this act, or the rules made thereunder, or any of the conditions of the
permission given under section 5, shall be punished with imprisonment
for a term which may extend to one year, or with fine
which may extend to five thousand rupees, or with both.

REMOVAL OF UNAUTHORISED
CONSTRUCTION................................................................=
=2E...
=2E............................
11.(1) The court making an order of conviction for an offence punishable
under section 10, may order that any construction made in contravention of
theprovisions of this act, or the rules made thereunder, or any of the
conditions of the permission given under section 5, as the case may be, be
removed within the time specified in the order and the building or the
place be restored to its original condition.--
(2)Where an order made undser sub-section (i) is not complied with within
the time allowed by the court, the court may, require the district
magistrate to cause such compliance through a police officer not below the
rank of sub-inspector, at the cost of the defaulter, in such manner as may
be prescribed.

COGNIZANCE OF
OFFENCES....................................................................=
=2E...
=2E............................................................
12(1) Every offence punishabled under this act shall be cognizable.
(2)No court inferior to that of a judicial magistrate of the first class
shall try any such offence.

POWER TO MAKE
RULES.......................................................................=
=2E...
=2E...................................................................
13.The state government may, by notification, made rules for carrying out
the purposes of this act.

STATEMENT OF OBJECTS AND
REASONS.....................................................................=
=2E...
=2E.....................................

With a view to ensuring public order in the state, it has been decided to
make a law to regulate the use of
a building as public religious building and the use of a place as public
relgious place or for the construction of a public religious building.

The Uttar Pradesh regulation of public religious buildings and places bill,
2000 is introduced accordingly.
RAM PRAKASH,
Mukhya Mantri.

____________

#3.
(Secular Perspective Jan 15 - 31, 2000)

THE PAKISTANI TEXT BOOKS AND HATRED AGAINST INDIA

by Asghar Ali Engineer

As Indian textbooks have highly slanted and prejudiced view of
minorities, particularly Muslims, Pakistani textbooks are no different.
They are so designed as to promote hatred against Hindus and India. The
powers that be in both the countries have vested interest in keeping the
hatred between the communities alive so as to benefit politically from it.
The textbooks are not simply written by the prejudiced minds but with a
particular purpose. Prejudice is often product of ignorance rather than
political design. The Indian and Pakistani textbooks are written with a
definite political purpose and are more mischievous than prejudicial. The
seeds of hatred are sown in the young minds through these textbooks.

A Pakistani educationist and a noted scholar Rubina Saigol
examined the Pakistani text books in detail and wrote a paper "Learning to
Hate: Fundamentalism, Modernity and Education" which was presented at a
South Asia seminar in Berlin last year. The paper makes very interesting
reading and is full of extracts from the Pakistan textbooks. In the
introductory part of her paper she observes: "Education has often been
regarded as a force capable of ushering in modernity, progress and
development. It is expected to take society forward into the future armed
with scientific knowledge and enlightened thought. In official, political,
public, national and international discourse, it is almost always
considered a progressive force that enlightens, broadens the mind, creates
tolerance and harmony in society."

The education must cultivate a progressive, tolerant, non-violent
and compassionate point of view and break all narrow barriers of race,
caste, creed and colour. The aim of education should be to promote a
productive, moral and ethical personality capable of making our society
worthy of emulation by others. Also, education should teach the student to
respect the 'other' as the 'other' is, not how other should be. The 'other'
should not be seen as the mirror image of our own, but unfortunately this
is what our textbooks teach us to think. We always judge the 'other' from
our own viewpoint and accept or reject him/her. We hate those who do not
fit into our own mould. Thus our textbooks tend to create intolerance and
rejection of the 'other' rather than acceptance.

Rubina also points out that the stress of Pakistani education
system is on technique rather than the content. The Education Policy of
1988, designed by the Nawaz Sharif government in Pakistan reiterates the
need to focus on 'how-to teach and learn' (technique) rather than 'what to
teach and learn'. This overwhelming stress on 'how-to' reduces the act of
educating/teaching to a mere technical or mechanical act while obfuscating
the fact that teaching is moral and political action upon the world. And in
fact the absence of focus on what to teach is where the problem lies.

The treatment of women in Pakistani textbooks, like in Indian
textbooks is far from desirable. Thus Nusrat Jaweed, a Pakistani journalist
writes in The News: "The Pakistan Muslim League of Nawaz Sharif surely
represents the conservative values of the patriarchal right. Women must be
'protected' and 'controlled' by this type. Rage comes out in the name of
defending family honour. Killing in the name of 'our honour' and 'our
values'=D6. exposes the Taliban-type loathing of women, which dominates the
PML-N mind-set. During the bedlam in the Senate over the 'honour killing'
of Samia Imran, PML-N leader, Senator Saranjam Khan, was saying out loud;
"yes, we, Pathans, must cut those in pieces who betray our honour". This
man was elevated to the coveted office of secretary general of Pakistan
Muslim League (N).

The Pakistani textbooks are out to justify separatism and creation
of Pakistan. Thus the Social Studies text book produced by the Punjab Text
Book Board for class VI has this to say: "Today, all of us Pakistanis, live
a distinct and different life-style. Our dress, our music, our language,
our way of thinking are all uniquely our own and different, in every way,
from those of other cultures and areas. Our unique ways have developed
after a journey of several hundred years."

Justifying the creation of Pakistan on political plane the Class
VIII Social Studies text- book absolves the Muslim League of any
responsibility and says: "Jinnah's fourteen points ensured a political
future for the Muslims. If they had been accepted, the fear that the
Muslims would become slaves would have subsided=D6.When the Congress, becaus=
e
of sheer obstinacy, refused to accept these points, the Muslims decided to
create a separate homeland=D6With time, the Congress enmity towards the
Muslims became apparent." (emphasis supplied) Here in this passage the
Congress is shown as obstinate and that the Muslims would have been slaves
under the Hindu majority in united India.

The Pakistan Social Studies textbooks prescribed for Standards IX
and X under the title 'Pakistan Ideology" go a step further and say,
"Pakistan ideology is based on the ideas of Islamic system and it was also
a reaction to the Hindu and British exploitation of the Muslims of the
sub-continent. It was a revolt against the prevailing system of India where
the Hindu nationalism was imposed on the Muslims and their culture." The
textbook further goes on to say "The Hindus and Muslims, in spite of living
for centuries could not forget their own individual cultures and
civilisation and kept away from each other. They could not amalgamate in
each other's way of life to become one nation. The main reason for this
difference of cultures, civilisation and outlook was the religion of Islam
which cannot be assimilated in any other system as it is based on the
principle of =D6oneness of God=D6.On the other hand, Hinduism is based on th=
e
concept of multiple Gods. How a nation who believes in the multiplicity of
Gods could bestow its belief in oneness of God and there lies the
difference between Hindu and Muslim way of thinking."

Here it will be seen that whole thing is reduced to belief in
oneness of God as if formation of a nation depends only on such religious
beliefs. On the other hand, theologians like Maulana Husain Ahmed Madani
and Maulana Abul Kalam Azad were fully supporting the composite nationalism
and vehemently opposing the very idea of two nation theory. The textbook
further says, "Islam gives a message of peace and brotherhood=D6.There is no
such concept in Hinduism. Moreover Islam preaches brotherhood, equality and
justice. It does not differentiate on the basis of colour, creed or
status=D6.On the other hand, the Hindu society is based on caste system whic=
h
downgrades the entire mankind.. How could Muslims and Hindus become one
nation in the presence of such glaring contrasts in their outlook and way
of living. There was such a vast gulf of ideas which could not be bridged.
They lived together like strangers and could never become one society. In
such circumstances, there was no way for Muslims other than to demand the
partition of India."

Needless to say what is being said is travesty of truth. Pakistan
did not come into existence for these reasons. It all has been invented in
the textbook. The main struggle was political and the main question was
power- sharing arrangement, which could not be satisfactorily worked out
between the Congress and the Muslim League. Jinnah was hardly bothered
about theological questions. Also, everyone knows how status conscious
Pakistani society is. Ethnic and sectarian conflicts in Pakistan have also
proved, if any proof is needed, that only religion cannot be a viable basis
for nationhood. Secular nationalism based on the principles of equity and
justice can be more viable than religious nationalism based on hegemony of
any ethnic group as is happening in Pakistan.

What is surprising is that the Class V textbook for Social Studies
lays entire blame for Bangla Desh movement on the Hindus of the then East
Pakistan. The textbook says, "After the war of 1965, India with the help of
Hindus living in East Pakistan, incited the people of East Pakistan against
West Pakistanis. In December 1971, the Indians themselves also attacked
East Pakistan. As a result of this conspiracy, East Pakistan separated from
us. We should all receive military training so that we can foil the designs
of the enemy in the future." The conclusion drawn is, needless to say,
extremely dangerous in as much as it promotes militarism instead of equity
and justice and respect for the demands of oppressed ethnic groups. There
is also no reference to the role of Mujibur Rehman and his Awami League in
creation of Bangla Desh. Entire blame is thrown on the Hindus either of
East Pakistan or those of India.

The Class III textbook produced by the Punjab Textbook projects
Pakistan as land of peace and prosperity where every one lives happily.
Thus the book says, "Shah Jahan's son, Aurangzeb Alamgir, was a very pious
ruler. He had the Badshahi mosque constructed in Lahore which is included
among the biggest mosques in the world=D6.Ultimately a separate Muslim
country called Pakistan was created in which we are all living a happy and
joyful life." It is true the textbook is for the class III but even then
such utter simplifications create uncritical and submissive mind. Perhaps
this is what the Pakistani ruling classes desire.

Hindus are projected as eternal enemy in the Pakistani textbooks.
Even when the Hindus and Muslims joined hands to oust the Britishers in
1857, the Hindus did so out of cunning and deception. Thus it is said,
"Although both Muslims and Hindus participated in the war of independence
together, the Hindus through sheer cunning convinced the British that only
Muslims participated in it."

What kind of mindset such books will create among the young
students is not difficult to imagine. This is being done to perpetuate
eternal enmity between India and Pakistan. India is demonised by Pakistan
and Pakistan is demonised by Indian textbooks. It is only peace between the
two countries that will be in the interests of the masses of people in both
the countries. Such textbooks, should, therefore, be scrapped at the
earliest and replaced by those which will bring out the strength of
composite culture and commonalities between the two countries.
************
Centre for Study of Society and Secularism
9 B, Himalaya Apts.,
Ist Floor, 4th rd.,
Santacruz (E),
Mumbai:- 400 055.
____________

#4.
Los Angeles Times
January 21, 2000

A Pakistani Saga of Fraternal Rivalry
Reviewed by JONATHAN LEVI, SPECIAL TO THE TIMES

MOTH SMOKE
By MOHSIN HAMID
=46ARRAR, STRAUS & GIROUX $24, 288 PAGES

In a prologue to his stunning first novel, "Moth Smoke," Mohsin
Hamid draws attention to a fraternal conflict as mythic as Cain and
Abel's. A Sufi saint prophesies a battle of succession between the sons of
Shah Jahan, the Moghul Emperor best known in the west for the mausoleum he
built to his departed wife, Mumtaz, the Taj Mahal. Sure enough, the
youngest son, Aurangzeb ("Conqueror"), beheads the eldest, Dara Shikoh,
and imprisons their aging father in the Red Fort of Agra, where he looks
out from his cell at the monument to his beloved wife. "Perhaps he
doubted, then, the memory that his boys had once played together, far from
his supervision and years ago, in Lahore. When the uncertain future
becomes the past, the past in turn becomes uncertain."

Uncertainty about the past is just a fancy name for a bad memory--and bad
memories, as Hamid reminds us, are the foundation of present-day life on
the subcontinent. While the Moghul Empire has long been divided, its two
most powerful descendants are the brothers Pakistan and India. But the
1947 partition is already ancient history (and well documented in myth in
Salman Rushdie's "Midnight's Children"). Hamid sets his fraternal conflict
in 1998, in the Pakistani border city of Lahore, during the days of
ominous rumblings when India and Pakistan tested atomic bombs and joined
the nuclear family.

Hamid's modern-day conqueror is also named Aurangzeb, Ozi to his friends.
He is one of Lahore's jeunesse doree, the son of a corrupt civil servant
of unimaginable wealth, a product of private schools and foreign
universities and air-conditioned, hashish-perfumed parties where bootleg
Johnnie Walker Black flows like the beard of the Prophet. Ozi's spiritual
brother is an old school chum named Daru, raised almost as another son by
Ozi's father after the death of Daru's own father. Yet "almost" is always
the motive for fratricide. Although equally charming and intelligent, Daru
stays in Lahore and attends public university while Ozi goes to the States
and law school. Forced to support his mother, Daru gives up on a golden
academic career for a job in a bank, while Ozi makes even more money
studying tax shelters. Ozi drives a Pajero, Daru a Suzuki.

1998 finds Aurangzeb newly returned from New York, taking up his dynastic
position laundering money for those even wealthier and more corrupt. But
1998 finds Daru without a job. Fired for insulting a client, Daru
discovers that without a foreign degree no other bank or multinational
will hire him. As Lahore palpitates beneath the summer heat and nuclear
excitement, Daru sinks deeper and deeper into an uncertain future. No job
means no money, no money means no electricity, and no electricity means
loss of identity.

"There are two social classes in Pakistan," according to Daru's former
mentor, Professor Julius Superb. "The distinction between members of these
two groups is made on the basis of control of an important resource:
air-conditioning."

Yet even though he becomes one of Lahore's "great uncooled," Daru does
profit from his loss. Ozi has returned from the States with a beautiful
and dissatisfied wife named Mumtaz. With both Daru and Mumtaz's futures so
uncertain, it is no wonder that they forget the past and their separate
allegiances to Ozi and form a new alliance in each other's arms. Out of
these age-old conflicts, Hamid, who lives in New York, has created a hip
page-turner about the mysterious country that both created the
sophisticated Benazir Bhutto and hanged her father. He flies his pair of
moths, Daru and Mumtaz, like an expert kite fighter, singing wings and
fraying strings. Eventually, of course, their situation, mythic as it may
be, becomes nuclear. But Hamid is wise enough to know that, although
deterrence might work between states, between brothers there must always
be a winner.
__________________________________________
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