[sacw] SACW #1 (26 August 01)

Harsh Kapoor aiindex@mnet.fr
Sun, 26 Aug 2001 01:44:08 +0100


South Asia Citizens Wire / Dispatch No. 1
26 August 2001
http://www.mnet.fr/aiindex

[ Interruption Notice: The SACW Posts will be interrupted between the=20
period 31st August to 7th of September 2001]

----------------------------------------

[1.] A Travesty of Justice in Pakistan: Two Pakistanis Sentenced to Death o=
n
Blasphemy Charges
[2.] Pakistan's rising toll of domestic violence
[3.] Booklet: Crossing the Border: Shared Hindu-Muslim Traditions
[4.] India: Press Release by Rights groups in UP
[5.] Book Review: Postcolonial India: History, Politics and Culture
[6.] India: A Public Hearing of Delhi Cycle Rickshaw Pullers and Owners

-----------------------------------------

#1.

Dear All,
I am pasting below a statement issued by PPAD on the recent death sentences
passed in Pakistan. I urge you to use all your sources to spread it and get
it published in the print and electronic media. Please inform me if it is
reported in the media. [...].
Regards,
Ishtiaq Ahmed
Coordinator, PPAD
21 August 2001

A Travesty of Justice in Pakistan: Two Pakistanis Sentenced to Death on
Blasphemy Charges

Pakistanis for Peace and Alternative Development (PPAD) is a world-wide
network of Pakistanis dedicated to working in the interest of peace, social
justice and enlightened humanism in Pakistan, South Asia, and in the world
as a whole.

We have learnt with great horror and shock that two Pakistanis, Dr Younas
Shaikh and Ayub Masih, have been sentenced to death on charges of blasphemy=
.
The 1986 Blasphemy Law C-295 of the Pakistan Penal Code (PCC) in practice
gives licence to any fanatic or cynic to accuse arbitrarily anyone of
insulting or defaming the Prophet Muhammad (PBUH). It reads as follows:

Use of derogatory remarks etc. in respect of the Holy Prophet: Whether by
words, either spoken or written, or by visible representations, or by any
imputation, innuendo or insinuation, directly or indirectly, defiles the
sacred name of the Holy Prophet (peace by upon him) shall be punishable wit=
h
death, or imprisonment for life, and shall be liable to fine.

1. Case one

On 18 August 2001 Dr Younas Shaikh, a medical doctor and teacher, was
sentenced to death on charges of blasphemy. It may be recalled that he was
arrested in October last year for allegedly having asserted that since the
Prophet Muhammad=92s parents died much before he declared his mission at th=
e
age of forty, they did not have the opportunity to accept Islam. It is wort=
h
noting that such an assertion is completely in accord with historical facts
and has been discussed in various standard works on Islam. In his book,
Hayat-e-Muhammad, the famous Egyptian Islamic scholar and journalist
Muhammad Hussain Heikal has similarly referred to this fact. The Urdu
translation of his book was published by the Idara-e-Saqafat-e-Islamia,
Lahore, in 1988 and is considered to be a standard work of reference for
serious research into the life of the Prophet (PBUH) and Islam.

2. Case two

The second case is in one sense more alarming because unlike earlier simila=
r
cases in which death sentences passed by lower courts were overturned or th=
e
accused was given lighter sentence at the higher level of appeal, this time
a superior court has confirmed the death sentence. On 25 July 2001 the
Multan Bench of Lahore High Court confirmed the death sentence of Ayub
Masih, a Christian, in a blasphemy case. Ayub Masih of Arifwala, Distt.
Sahiwal (Southern Punjab) was arrested on 14 October, 1996 on charge of
passing derogatory remarks against Prophet Muhammad (PBUH). He was given
death sentence and fined Rs 100,000 on April 20, 1998 under the Blasphemy
Law. This case became internationally known when Bishop John Joseph, a
Catholic Bishop (Faisalabad Diocese), offered self sacrifice on May 6, 1998
as protest against this verdict in the vicinity of the court at Sahiwal.

We appeal to all freedom-loving people, human rights activists and
governments of the world to join ranks to urge the Government of Pakistan t=
o
spare the lives of these two individuals. We wish to emphasize that if the
Pakistan Government does not repeal such laws, then there is sadly little
hope for the progress of the country. Rather the fear of all concerned
Pakistanis is that it will further lose goodwill internationally. There is
absolutely no justification for retaining the Blasphemy Law in the legal
system of a modern state committed to human rights through a number of
international treaties and conventions.

We appeal to the President of Pakistan, General Pervez Musharraf, to
exercise his prerogative of granting mercy and order these two individuals
to be set free.

We are particularly appealing to Pakistanis of all philosophical, religious
and sectarian persuasions to act responsibly and resolutely. The
Talebanization of Pakistan is no longer a theoretical possibility. It is an
imminent threat which can result in independent exercise of intellect and
reason being declared capital crimes, irrespective of whether one is accuse=
d
of blasphemy or not. Religious obscurantism is nothing but a form of
cultural fascism. We need to act, and act together, before it is too late.
Nobody has expressed this idea better than the German pastor Martin
Neimuller (1892-1984):

SPEAK UP BEFORE IT'S TOO LATE!

IN GERMANY THE NAZIS CAME/
FIRST FOR THE COMMUNISTS/
AND I DID NOT SPEAK/
BECAUSE I WAS NOT A COMMUNIST/
THEN THEY CAME FOR THE JEWS/
AND I DID NOT SPEAK/
BECAUSE I WAS NOT A JEW/
THEN THEY CAME FOR THE TRADE UNIONS/
AND I DID NOT SPEAK UP/
BECAUSE I WAS NOT A TRADE UNIONIST/
THEN THEY CAME FOR THE CATHOLICS/
AND I WAS A PROTESTANT AND SO/
I DID NOT SPEAK UP/
THEN THEY CAME FOR ME/
AND BY THAT TIME/
THERE WAS NO ONE LEFT TO SPEAK/
FOR ANYONE

PPAD Committee

1. Dr. Ishtiaq Ahmed (Associate Professor)
Coordinator, PPAD
Department of Political Science
Stockholm University
S-106 91 Stockholm, SWEDEN
Ishtiaq.Ahmed@s...

Members of the PPAD Committee (in alphabetical order)

2. Prof. Susan Mussarat Akram (Law), USA

3. Dr. Ghazala Anwar (Islamic Theology), New Zealand

4. Group Captain Cecil Chaudhry, SJ, SBt.
Pakistan Air Force (Retd)
Principal, St. Anthony's High School,
Lahore, Pakistan.

5. Nazeer Chaudhry (Business and Human Rights)
USA.

6. Dr Maqsood Choudary (Political Science), USA

7. Prof. Hassan Gardezi
Professor Emeritus (Sociology)
Sault Ate Marie
Ontario. Canada.

8. Prof. Dr. Bilal Hashmi, Ph.D.
Professor Emeritus (Sociology)
Eastern Washington University
Cheney, WA. 99004 (USA.

9. Ayyub Malik (Architect), UK

10. Dr Babar Mumtaz (Reader), UK

11.Dr. Saghir A Shaikh (Engineering, Human Rights, USA)

12. Dr. Ahmed Shibli (Science and Technology), UK

_________

#2.

BBC News Online:=20
<http://news.bbc.co.uk/low/english/world/default.stm>World:=20
<http://news.bbc.co.uk/low/english/world/south_asia/default.stm>South=20
Asia
Friday, 24 August, 2001, 11:44 GMT 12:44 UK

Pakistan's rising toll of domestic violence

By Susannah Price in Islamabad

Aid workers in Pakistan have called for an urgent increase in the=20
number of safe shelters available to the growing number of women who=20
are victims of domestic violence.

Three times he told me he was divorcing me. Then he took a knife and=20
cut off the end of my nose and all my hair.
Tehmima

Human rights workers says each year large numbers of women are=20
beaten, tortured or burnt by their husbands or families, and they=20
have few places to escape to.

Some have had their bones broken or their faces mutilated.

Seventeen-year-old Tehmina was married off to a businessman four=20
times her age. She never considered leaving him despite the regular=20
beatings.

But one day he went much further - when the whole family was out, he=20
locked her in the bedroom. Tehmina says she was tied by her hands and=20
feet to a bed while her husband announced three times he was=20
divorcing her.

"Then he took a knife and cut off the end of my nose and all my hair."

Making choices

Tehmina is now at a shelter in Islamabad receiving medical treatment=20
while her husband is in prison.

Aid workers say many women remain in violent relationships because=20
they believe they must obey their husbands and that divorce is a=20
disgrace.

A third of women in Pakistan are illiterate and have little concept=20
about making their own choices.

Dr Noreen Khalid, programme officer for the shelter, says this=20
imbalance can encourage abusive relationships.

"[The husband] sometimes becomes so powerful he becomes a sadist and=20
he just forgets that his partner, his wife, is a human being," she=20
says.

The shelter, which provides a safe haven for women and their=20
children, is one of only two independently-run refuges which are open=20
to all women.

The government-run shelters are only for those referred by the courts.

Legal help

But this is not only a place to hide and recuperate.

There needs to be special legislation on domestic violence [that]=20
must mention that this is violence and a crime
Nahida Mahboob Elahi

It also offers the women the chance to talk about their problems, to=20
restore their self-esteem, and even plan for the future.

The abused women often need practical support as well, such as legal=20
advice to bring criminal cases.

But aid workers say the system is often stacked against the women.

The police often refuse to register cases unless there are obvious=20
signs of injury and judges sometimes seem to sympathise with the=20
husbands.

Nahida Mahboob Elahi, a human rights lawyer at the centre, wants new=20
laws to be implemented.

"There needs to be special legislation on domestic violence and in=20
that context they must mention that this is violence and a crime."

Lenient treatment

Zahida Perveen's husband accused her of being unfaithful and cut off=20
her nose and ears and gouged out her eyes.

He is sitting quietly in jail, he is not feeling the same pain which=20
I have felt, not going through the same misery I've gone through
Zahida Parveen

The centre helped her go abroad for treatment and to prosecute her=20
husband, who is now serving a 14-year prison sentence.

Zahida, who is now blind, appreciated the support, but tells Nahida=20
that she feels the sentence was far too lenient.

"He is sitting quietly in jail, he is not feeling the same pain which=20
I have felt, not going through the same misery I've gone through, so=20
this is not enough," she says.

The women are offered the chance to meet their husbands again to try=20
to hammer out their problems. This sometimes leads to reconciliation.

Second chance

Humaira was constantly beaten by her husband and other members of his=20
family before she finally ran away with their two children.

But she has recently met her husband again and after he apologised,=20
she says she is prepared to give him a second chance.

The authorities in Pakistan appear to recognise the scale of domestic=20
violence. But aid workers say not enough is being done.

They believe the victims need a proper network of support across the=20
country - and that their attackers must not escape justice.

_________

#3.

Date: Sat, 25 Aug 2001 03:19:11 +0000

Dear Friends,
I have recently published a booklet titled 'Crossing the Border:=20
Shared Hindu-Muslim Traditions'
[52 pages, Rs. 15]. It consists of the following short chapters:
1. Adam: The First Indian?
2. Guru Nanak: Messiah of Universal Brotherhood
3. Bulhe Shah: The Sufi Poet of Kasur
4. Dara Shikoh: Mughal Mystic
5. Sarmad Shahid: Martyr for Love
6. Natha-Tantra-Sufi Syncretism in Bengal
7. The Imam Shahi Satpanth: The =91True Path=92
8. Hindu Followers of a Muslim Imam
9. Mirza Mazhar Jan-e-Janan: =91The Soul of the Souls=92
10. Pandun Ke Kada: The Meo Muslim Mahabharata
11. Nuruddin Nurani: Muslim Rishi
12. Kutuban: Sufi Bhakti Poet and Mystic
13. Ras Khan: Vaishnavite Sufi

To place orders, contact me at ysikand@h...

_______

#4

Press Release

WAMA, a UP women activist's network and AIDWA-UP, a women's
organization, had called for a public demonstration on 21st August to
protest the recent attacks on human rights defenders in the state. In recen=
t
years, it has been observed that state facilitated attacks on human right=
s
activists and organizations, which are addressing issues related to civil
liberties and basic rights have increased steeply, under the present
government. The recent examples are:

=B7 1999, Chitrkoot, Vanangana: Activists who intervened to support=
a
child sexually abused by her father

=B7 2000, Almora, Sahayog: Activists published a report on HIV/AIDS=
,
in September 1999, were arrested and kept in detention for more than a
month

=B7 2001, Chandauli, Gramya: Activists working with the Dalit, trib=
al
population have been arrested on charges of being Naxalites and are still i=
n
jail

=B7 2001, Lucknow, Bharosa & Naz Foundation International: Activist=
s
working with the MSM community on HIV/AIDS, were arrested and have
been in Jail for 52 days, on charges of "promoting gay culture", and on
false charges of 377, IPC, under which there were no direct charges as
admitted by the Public Prosecutor, in his arguments in the High Court,
Lucknow Bench on 16/7/01

The last example has clearly illustrated that while the state will use NGOs
to fulfill its agenda, it will neither hesitate nor control its executive a=
rm,
namely the police, from persecuting the activists.

This is clearly an attack on the democratic values of the nation, as by
creating an environment of mistrust and fear for the activists, the state
seeks to silence them, and deprive the masses of the few advocates who
support their causes without any electoral interests. This goes against the
much-publicized history of NGO and government partnership and the
stated policy in national and international fora

The demonstration was attended by activists from all over the State, and
from Rajasthan and New Delhi. They emphasized the human rights
violations of the powerless and marginalized in the state, like the Sexual
minorities, Dalits, and women. The activists demanded a clear answer from
the Chief Minister, on the rising trend of attack on human rights defende=
rs
and on the masses, in cases like the Moradabad and Muzzaffernagar
killings. The activists reiterated that hiding behind culture is not an
explanation of state failure to provide protection for rights of individual=
s.

A memorandum was handed over to the Home Secretary outlining the
demands:

=B7 The State should clarify its policy on NGOs and human rights
activists

=B7 A time-barred judicial inquiry should be set-up on the above-
mentioned cases, and strict action should be taken against officers found
guilty. The concerned activists, especially of Bharosa and Naz Foundation
International, whose families are facing constant threats, should be
provided security. The offices of Naz Foundation International should be
reopened immediately, and they should be allowed to continue with their
work unhindered.

=B7 The persecution of dalit, tribals in East UP in the name of nax=
alites
should be immediately stopped, and the six innocent activists arrested
from Narkati, Naugarh, district Chadauli, should be released immediately.

=B7 Anti-People laws like the National Security Act and 377 IPC sho=
uld
be repealed with immediate effect.

Participants included Ms. Subhashini Ali, ex-MP, from Kanpur, AIDWA,
Ms. Kavita Srivastava, National Organizing Secretary, People's Union for
Civil Liberties, and Mr. K.K. Rai, Secretary, PUCL, UP, and Women's
groups NGOs, and people's organisations like AALI, Vanangana,
NIRANTAR, SAHAYOG, Healthwatch, U.P.-Bihar, SARC, Varanasi,
Gramya, Chandauli, UPVHA, BGVS, Vigyan, Sahyog, (Allahabad), DISHA,
AWAZ, Voices of Partners, SFI, and other

UP Core Group on Civil Liberties.

_______

#5

Tehelka.com

India: a million mutinies now

Postcolonial India: History, Politics and Culture
Edited by Vinita Damodaran and Maya Unnithan-Kumar
Manohar
pp 375
Rs. 600
By Meena Radhakrishna

This volume, the result of an international conference a few years=20
ago, engages with a variety of issues and situations that have=20
emerged in postcolonial India. There are 17 essays, and they deal=20
with topics as diverse as state and democracy (Niraja Gopal Jayal),=20
women and Islam (Mary Searle-Chatterji), India's 'adjustment'=20
experience (Biplab Das Gupta), a perspective on Indian cinema (Shyam=20
Benegal). There are also some to do with 'Divided Identities',=20
'Miraculous Realities' and some 'Anxieties' pertaining to Indian=20
Architecture. What will be fair in a short review will be to take a=20
couple of essays at random which will give a whiff of the book, as=20
far as the more hard, data-based studies belonging to one - the first=20
- category are concerned.
Urvashi Butalia's 'Children of a Lesser God: Experiences of=20
Partition' traverses a territory not touched upon by authors who have=20
studied partition and its traumas, its memories
or their blanking out. Butalia takes the reader through the accounts=20
by people of those wolfish times, now grown up, but who were children=20
then.
The project is fraught with obvious difficulties: how then does one=20
make sure that an adult version/interpretation has not intervened in=20
the child's memory, or whether=20
------------------------------------------------------------------------
Changes in the patterns of jewellery, 'worshipping' nylon, etc do not signi=
fy
to me the new subjugation to the 'Hindu' ethos, or some new form
of gender persecution, but a transformation of priorities and world views
------------------------------------------------------------------------
the intervening years have not guided even an adult memory into=20
desirable versions. True, the growing up process gave words to the=20
experiences of the child, but those words also coloured the rawness,=20
the pain and terror of an experience, which a child went through=20
somewhat differently to the way it is recounted fifty years later. At=20
any rate, it occurred to me that quibbling over the accuracy of the=20
partition memories will diminish, and diminish unforgivably, the=20
enormity of those excesses. The pitfalls of recall/construction of=20
reality is something Butalia must be aware of, and she wisely does=20
not waste much time in engaging with the issue at a frivolous level.=20
Her deeply disturbing essay, the very first in the collection,=20
carries across to a stunned reader some of the painful vulnerability=20
of childhoods caught in a world entirely managed and, indeed, so=20
maddened by adults.

'Women Facing Submergence: Displacement and Resistance in the Narmada=20
Valley' by Lyla Mehta explores and laments the lack of gender-based=20
mobilisation, or even consciousness, both at the level of the=20
affected communities and the activists. To Mehta, part of the problem=20
lies in the fact that the movement is led by a woman who avowedly has=20
the interests of the entire community at heart, with the single point=20
agenda of stopping the construction of the dam, and who is keen not=20
to engender struggles which might endanger that agenda. Mehta brings=20
out some interesting data about the transformations in the lifestyles=20
of the successfully resettled adivasi women, who, in order to=20
accommodate themselves into the mainstream of the caste system, have=20
become more Hinduised in their dress and manner. This, of course,=20
means a giving up of the earlier liberties that the earlier adivasi=20
community entailed, as also being at the receiving end of the more=20
patriarchal Hindu system of gender relations. Unfortunately, she does=20
not tell us much about the exact social location of these women, in=20
the new structures and relations, which they have now involuntarily=20
(?) entered. These women, who no longer smoke or talk to strange men,=20
are now fully clad (in nylon), walk about adorned in 'Hindu'=20
jewellery, sport a veil longer than they wore earlier (it's hard to=20
visualise an adivasi woman with even a short veil, but Mehta tells us=20
that their hinduisation began earlier than their resettlement) -=20
where do these women belong as far as their current place on the=20
social scale of the caste system is concerned? Surely, not somewhere=20
low down.

Mehta does hint at the new prosperity, which has been brought in by=20
the men working in government agencies, but I still found this=20
spectacular economic and social mobility very odd, and found it=20
difficult to accept it as another sign of some new oppression being=20
practised on these women. Changes in the patterns of jewellery,=20
'worshipping' nylon, etc do not signify to me the new subjugation to=20
the 'Hindu' ethos, or some new form of gender persecution, but a=20
transformation of priorities, of world views, of identities of the=20
women themselves. They also reveal, somewhere, a willing accomplice=20
as far as the largesse offered by new consumerism is concerned.

The question then to ask is: what about the agency of the women here,=20
which rightly occupies the author in the rest of the paper, and what=20
about their resistance (if any) to the deluging of their earlier=20
culture by the mainstream? Or is it that the adivasi community=20
systems are so fragile and impressionable, that the moment their=20
women are surrounded by plenty and vulgarity, they get submerged in=20
it as helplessly as they were earlier by the waters which displaced=20
them?

Could it then be that this particular stratum, very graphically=20
described by Mehta, is a very small one indeed, and however=20
disturbing its trajectory, is just a manifestation of the upward=20
mobility of some miniscule numbers? If not, contrary to all available=20
facts regarding the scandalously precarious situation of the=20
resettled communities, one goes away at the end of the essay with the=20
feeling that however confounded and newly enslaving the gender=20
relations within these resettled communities might be now, they have=20
done exceedingly well for themselves in the new tinny surroundings=20
where the government has found it fit to abandon them. I did feel=20
that this otherwise important essay, while making the point well=20
about the neglect of the gender issue in the Narmada valley, lost=20
sight of not just the 'community' question - for which she would no=20
doubt be chastised by a Medha Patkar - but also of the 'reality'=20
question as far as some glaring facts are concerned.

This, then, is roughly the quality and texture of the other essays in=20
the volume, on the whole a readable one. It engages with a wide-range=20
of issues in mostly spirited and provocative ways; a consistently=20
high level of scholarship lends coherence to the vast sprawl that is=20
post-colonial India.

Meena Radhakrishna is a social anthropologist at the Nehru Memorial=20
and Museum Library, New Delhi. She is the author of Dishonoured by=20
History: 'Criminal Tribes' and British Colonial Policy. Apart from=20
her academic writings, she regularly contributes to the popular press=20
on human rights issues.

______

6.

>From the Women's Rights Journal 'Manushi' from India

We invite you to a
Lok Sunwayi [People's Hearing] of Delhi Cycle Rickshaw Pullers and Owners
Presided over by Sh. N. Vittal, Central Vigilance Commissioner
Do you know that:
=FF A citizen of Delhi can legally own any number of cars,=20
trucks, buses or even aeroplanes. But owning more than one cycle=20
rickshaw is 'illegal'. And that such an 'illegal' vehicle can be=20
confiscated and sold as junk by the municipality.
=FF A person owning a car or a bus is allowed to hire any number=20
of persons, who have a valid driving license, to drive his/her=20
vehicle. But if a rickshaw owner allows a relative to ply his=20
vehicle, or hires someone else to operate it, the municipal=20
corporation treats it as an offence serious enough to confiscate and=20
destroy his rickshaw.
=FF This 'rickshaw to the puller' policy may appear pro-poor on=20
paper, but in fact has facilitated a multi crore extortion racket by=20
the municipal employees.
=FF If a car owner commits a traffic offence or strays into a 'No=20
Entry' zone, he/she pays a relatively small amount of money by way of=20
fine. A rickshaw puller committing a similar offence, invites=20
confiscation and destruction of the vehicle, or in some areas, a=20
minimum fine of Rs. 325 (apart from the grease money) for getting it=20
released.
=FF There is no set limit on the number of cars, two-wheelers and=20
other motorised vehicles that can be registered in the city of Delhi.=20
But the municipal authorities have fixed an unrealistic quota of=20
99,000 for cycle rickshaws - in actual fact there are 5-6 lakhs of=20
them plying in Delhi.
=FF The license-quota-raid-raj, as it operates in this sector,=20
has facilitated a vast extortion racket.
=FF The loss of income suffered by rickshaw-pullers and owners=20
due to monthly bribes and fines to the police and the corporation=20
employees would amount to no less than 60 crores per year in the city=20
of Delhi alone. In addition, they suffer losses due to confiscation=20
and destruction of thousands of rickshaws every year.
To get a fuller account of how the municipal and police officials use=20
absurd and colonial minded laws to tyrannise and fleece=20
rickshaw-pullers and owners through various legal, illegal and=20
extra-legal means, we invite you to join us for a Lok Sunwayi of the=20
people engaged in this trade.
This Public Hearing will be presided over by Shri N. Vittal, Chief=20
Vigilance Commissioner, Mr. K. P. S. Gill (former D. G. Punjab=20
Police), Mr. Ajit Gulabchand. (businessman), Dr. Dinesh Mohan (IIT=20
Delhi), Sh. Om Thanvi (editor, Jansatta), Sh. Kuldeep Nayar (M.P.=20
Rajya Sabha), Mr. Dilip Padgaonkar (executive managing editor, The=20
Times of India), Mr. Rajdeep Sardesai (NDTV), Mrs. Lekha Shrivastava=20
(India Support Foundation), Mr. Seshadhari Chari (editor, Organiser),=20
Sh. Dhirubhai Sheth (CSDS).
We solicit your support and urge you to inform other interested=20
people to join us for this Lok Sunwayi.

Madhu Kishwar
(for MANUSHI)
Date: August 29, 2001
Time: 2-5 p.m
Venue: Auditorium, India International Centre, Max Mueller Marg, 40=20
Lodhi Estate, New Delhi.

_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/

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--=20