[sacw] SACW (30 July 01)

[Harsh Kapoor]

South Asia Citizens Wire
30 July 2001
http://www.mnet.fr/aiindex

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

[1.] India: The traumatic case of the 'missing' in Jammu & Kashmir
[2.] India: The NCERT wields the axe against a history textbook
[3.] India: Message from All India Christian Council, news reports=20
and Press Release
[4.] India : police harassment against the workers of human rights defender=
s
raising AIDS awareness
[5.] India: Negotiating Gay Spaces

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

#1.

The Hindu
Sunday, July 29, 2001

THE TRAUMATIC CASE OF THE 'MISSING' IN J&K
By Shujaat Bukhari

SRINAGAR, JULY 28. The hundreds of persons who have ``disappeared''=20
while ``in custody'' in Jammu and Kashmir over the last 12 years are=20
still untraced and their families are in distress. The agencies,=20
which made the arrests, deny any involvement and the conditional=20
grant of ex gratia has only caused more heartburn.

The issue came up for a wide-ranging discussion here on Saturday,=20
when the Public Commission for Human Rights (PCHR) organised the=20
release of the book ``Did they Vanish in Thin Air'' by Mr.=20
Zahiruddin, associate editor of the local daily Greater Kashmir. The=20
author has documented over 500 cases in the book and gives a detailed=20
account of the incidents leading to the arrest of these persons.

Expressing concern over the ``forced disappearances'', the senior=20
Jamaat-e-Islami leader and former Hurriyat chairman, Syed Ali Shah=20
Geelani, said it was one of the most horrible aspects of the Kashmir=20
situation. ``The condition of the affected families is pathetic and=20
needs attention.'' Mr. Nasir Mirza of the Media Education Research=20
Centre said the media had an important role to play in highlighting=20
the human rights issues.

``The human rights issues are more important than the ones which get=20
all the attention,'' he said in an obvious reference to the recent=20
Agra summit.

``Hundreds of persons between eight and 75 years of age have=20
disappeared in the last decade after being arrested by various=20
security agencies. So far over 2,500 cases have been listed but the=20
number may exceed 4,000 as the phenomenon continues unabated,'' said=20
Mr. Zahiruddin in the preface to the book. The phenomenon has assumed=20
alarming proportions, particularly in the Kashmir Valley, despite the=20
Government's assurance that human rights will be respected, he says.=20
``There is a method to the whole thing. A person is arrested in full=20
public view, the arresting agency assures the safe and early release=20
of the arrested person. However, the release is never effected,'' he=20
adds.

Now the issue has led to another problem. In the absence of=20
substantial proof, the missing persons cannot be declared dead. And=20
in that case neither can the legal heirs inherit property nor can the=20
woman whose husband is missing marry again. They have no option but=20
to wait but, says Mr. Zahiruddin, ``the wait never ends''.

The matter was discussed with the Muslim clergy, but they too were=20
reluctant to issue a fatwa (ruling) for reasons unknown, says the=20
author.

The PCHR chairman, Mr. Pervez Imroz, in his foreword, says the=20
phenomenon, unknown in the State before 1989, is now a major issue=20
confronting human rights activists and society. The Association of=20
Parents of Disappeared Persons (APDP) has been campaigning for=20
inquiring into the disappearances under the ``Commission of Inquiry=20
Act'' but the State Government has not responded, he claims.

Recently, the APDP laid the foundation for a memorial to be built in=20
the memory of the disappeared persons, but the police moved in and=20
removed the foundation stone. The Association has now decided to move=20
court to implement its plan.

______

2.

Frontline
Volume 18 - Issue 15, Jul. 21 - Aug. 03, 2001

TAMPERING WITH A TEXTBOOK:
THE NCERT WIELDS THE AXE AGAINST A HISTORY TEXTBOOK BY R.S. SHARMA.

T.K. RAJALAKSHMI
in New Delhi

THE National Council for Educational Research and Training (NCERT),=20
which functions under the aegis of the Human Resource Development=20
Ministry, is in the news, for the wrong reasons again. The strong=20
resentment within and outside the Council against its controversial=20
decisions, such as the framing of a new curriculum for school=20
education and the withdrawal of textbooks authored by prominent=20
historians, does not seem to have deterred its decision-makers. Now=20
it has tampered with the history textbook for Class XI, authored by=20
well-known historian Ram Sharan Sharma, and transferred Pritish=20
Acharya, a Reader in History, from the Department of Social Sciences=20
and Humanities to Bhubaneswar for resisting attempts to introduce=20
changes in the textbook without the consent of the author. Earlier,=20
it appointed Atul Rawat, a regular contributor to Organiser, the=20
mouthpiece of the Rashtriya Swayamsevak Sangh (RSS), a consultant for=20
history. Rawat, who has an M.Phil. in American Studies, will be in=20
charge of preparing draft syllabi for history for all stages of=20
school education.

As part of its "rectification campaign" in the field of education,=20
the HRD Ministry has been targeting history consistently, mainly=20
because many leading historians in the country happen to hold views=20
that do not conform to the Sangh Parivar's perception of history. In=20
its "integrated system of social sciences for the secondary level of=20
education", the importance of history as a subject is going to be=20
considerably reduced. The latest target is the Class XI textbook on=20
ancient India, written by Sharma. The author has questioned the=20
historicity of the tirthankaras, which is considered offensive to the=20
sensibilities of the Jain community.

The first version of the textbook, which was prepared under a=20
competent editorial board, was published in 1977 and a revised=20
edition in 1980. A new version was prepared in 1990 in accordance=20
with new syllabi under the National Policy on Education, 1986.=20
Several reprints of this edition were brought out subsequently.=20
However, neither NCERT Director J.S. Rajput nor R.K. Dixit, the new=20
Head of the Department of Social Sciences and Humanities, seemed to=20
be satisfied with the new edition. They objected to the contents of=20
Chapter 10 on Jainism and Buddhism. Under the section, titled=20
"Vardhamana Mahavira and Jainism", it is stated: "The Jainas believed=20
that their most important religious leader, Mahavira, had=20
twenty-three predecessors who were called tirthankaras. If Mahavira=20
is taken as the last or the twenty-fourth tirthankara, the origin of=20
Jainism would be taken back to the 9th century B.C. But since most of=20
the earliest teachers, up to the fifteenth one, were supposed to have=20
been born in eastern Uttar Pradesh and Bihar, their historicity is=20
extremely doubtful. No part of the middle Ganga plains was settled on=20
any scale until the sixth century B.C. Obviously, the mythology of=20
the tirthankaras, most of whom were born in the middle Ganga basin=20
and attained nirvana in Bihar, seems to have been created to give=20
antiquity to Jainism. The earliest important teachings of Jainism are=20
attributed to Parshvanatha, the twenty-third tirthankara, who=20
belonged to Banaras. He gave up royal life and became an ascetic. But=20
his spiritual successor Vardhamana Mahavira was the real founder of=20
Jainism."

The sentences that doubted the antiquity of Jainism were unpalatable=20
to some people. Letters poured in and the faculty, in consultation=20
with Sharma, decided to modify some statements without altering the=20
historicity of the facts. The altered version reads thus: "According=20
to the Jainas, the origin of Jainism goes back to very ancient times.=20
They believe in twenty-four tirthankaras or great teachers or leaders=20
of their religion. The first tirthankara is believed to be=20
Rishabhadev who was born in Ayodhya. He is said to have laid the=20
foundations for orderly human society. The last and twenty-fourth=20
tirthankara was Vardhamana Mahavira, who was a contemporary of=20
Gautama Buddha. According to the Jaina tradition, most of the early=20
tirthankaras were born in the middle Ganga basin and attained nirvana=20
in Bihar. However, according to the available archaeological=20
evidence, no part of the middle Ganga plains was settled on any scale=20
and the towns and other settlements which are referred to in Jaina=20
tradition had not come into existence until the sixth century B.C.=20
Because of this, it has not been possible to determine the=20
historicity and chronology of the early tirthankaras. The=20
twenty-third tirthankara was Parshvanath, who was born in Varanasi.=20
He gave up royal life and became an ascetic. Many teachings of=20
Jainism are attributed to him. According to Jaina tradition, he lived=20
two hundred years before Mahavira. Historians generally believe that=20
Mahavira, the twenty-fourth tirthankara, was the greatest teacher of=20
Jainism and its real founder. The Jainas, however, do not believe in=20
any founder."

The altered version was to be inserted in the February 2001 reprint=20
but what appeared in it was something quite different. The parts=20
relating to the archaeological evidence and the question of Mahavira=20
being considered the real founder were deleted. The last three=20
sentences have been replaced by the sentence: "Mahavira is said to be=20
the twenty-fourth tirthankara."

Frontline has in its possession a copy of the revised text that=20
indicates the portions that both Rajput and Dixit wanted deleted.

Another portion, which was revised in consultation with the author,=20
was one relating to Mahavira's quest for truth. It read: "He kept on=20
wandering for 12 years from place to place... During the course of=20
his long journey, it is said, he never changed his clothes for 12=20
years and abandoned them altogether at the age of 42 when he attained=20
omniscience (kaivalya)." In the Hindi version, the reference to=20
Mahavir "wandering" was considered disparaging. It was revised in=20
consultation with Sharma. The revised version read as follows: "He=20
kept on wandering for 12 years from place to place... during the=20
course of his wandering, he meditated, practised austerities of=20
various kinds and endured many hardships..." The reference to clothes=20
was omitted. But in the February 2001 print, the entire reference to=20
his "wandering for 12 years from place to place" was deleted. The=20
words "during the course of his wandering" were substituted with=20
"during this period". Sharma was not consulted on these changes.

Pritish Acharya objected to the changes that were made without=20
consulting the author. Acharya was asked to make further deletions=20
from the revised portions but he refused to do so. Dixit and Rawat=20
reportedly went to the publication department and ensured that the=20
portions were deleted. Acharya was transferred to the Regional=20
Institute of Education in Bhubaneswar, which already has four persons=20
on the social sciences faculty. Moreover, the regional institutes=20
(five in all) focus more on science education.

Sharma told Frontline over the phone from his home in Patna that he=20
had signed an agreement with the NCERT in 1980 regarding the textbook=20
and that it clearly stated that any changes would be made only in=20
consultation with the author. According to it, the NCERT reserves the=20
right to bring out a new publication based on the material contained=20
in the book entitled "Ancient India" and to publish it in any=20
language. In any new publication, it says, due acknowledgement will=20
be made to the original book and the NCERT will obtain the author's=20
approval for the modification or adaptation of the original text.=20
Sharma said that he had not seen the reprint but was told that=20
certain portions had been omitted. The changes, he said, were in=20
violation of the agreement. "The form can be changed but not the=20
substance. I don't know of any publisher who changes the substance,"=20
he said.

IT was on similar grounds that the NCERT objected to a Class VII=20
textbook on Medieval India, authored by Romila Thapar, and a Class XI=20
textbook on the same period, written by Satish Chandra. In an=20
article, "Why revising history textbooks is a right move for NCERT"=20
(The Times of India, May 25), J.S. Rajput raised objections to these=20
books. Romila Thapar's narrative has a section that deals with the=20
Mughal emperor Akbar marrying a number of Rajput princesses for=20
maintaining friendly relations with the community. This was=20
apparently perceived as a one-sided policy that caused humiliation to=20
the Rajputs. The NCERT Director also objected to Romila Thapar's=20
reference to the "execution" of Guru Tegh Bahadur Singh. "Execution,"=20
he said, was an offensive word. "Will any child develop respect for=20
the great Guru after reading the above sentence (containing the word=20
'execution')?"

Certain organisations, Rajput claimed, had filed a case against the=20
NCERT for hurting the sentiments of the Sikh community. But in=20
reality only one organisation had petitioned the Punjab and Haryana=20
High Court against Satish Chandra's textbook and sought a stay on its=20
publication. A two-member Bench of the court declined to grant a=20
stay. The NCERT had filed a detailed reply, defending the books. It=20
is argued that the legal dispute has caused inconvenience to the=20
NCERT. Hence the need for drastic corrections. In his article, Rajput=20
says: "Should biased history be allowed to continue at the cost of=20
national interests?" He also laments that in the context of the=20
revision of NCERT books, "history is the area that has resisted=20
moderation, revision and modification".

Copyrights =A9 2001, Frontline.

________

3.

Subject: Fw: More draconian acts against christians -- urgent message=20
from John Dayal
Date: Sat, 28 Jul 2001 13:37:12 +0530
URGENT MESSAGE FROM JOHN DAYAL

Members of the Catholic Hierarchy / Heads of all Churches and=20
Institutions / NGO and Human Rights/ Minority Rights organisations

Greetings from the All India Christian Council

The following is the text of FOUR more political actions with a=20
serious bearing on Christian mission in India. These come on the=20
heels of reports that the Foreign Contribution Regulation Act is=20
being replaced by a far more restrictive legislation soon, and that=20
rules may be revised concerning educational institutions receiving=20
government grants. You are already aware of the new regulations on=20
VISAs for guests of academic and other institutions.

The All India Christian Council is issuing an important statement on=20
this later today.

May we request other like minded Church leaders, organisations /=20
groups to take up the matter urgently with the government through=20
NGOs, Human Rights and Minority Rights groups as well as their local=20
MPs and MLAs, their chief ministers and Eminent Persons.

The All India Christian Council is considering calling a National=20
Consultations in New Delhi or Hyderabad/Bangalore soon on this matter=20
before the current session of Parliament comes to an end.

Your views are invited.

Thank you, and with warm regards

John Dayal
Secretary general
All India Christian council

PS: May I also request you to circulate this to your members/ mailing=20
lists on an urgent basis. Thank you

oooooo

Hindustan Times, New Delhi. 28th July 2001

Anti Conversions Bill in Lok Sabha

New Delhi, July 27 2001: A PRIVATE members' bill seeking ban on=20
religious conversions opposed by the congress, its allies and the=20
Left who termed it as unconstitutional on Friday.

The government clarified that the BILL was not meant to prohibit=20
voluntary conversions, but the opposition countered it by stating=20
that a law against forcible conversions already existed.

oooooo

The Hindustan Times, New Delhi, Saturday 28th July 2001

Converts to be prosecuted for violating Religion Act
HT Correspondent , Bhubaneswar, July 27 :

FIFTEEN OUT of nineteen persons who had recently embraced=20
Christianity in Korua village of Kendrapara district have reconverted=20
to the Hindu fold after undergoing sustained social ostracism from=20
their fellow villagers.

The district administration has also decided to prosecute the=20
converts for violating provisions of the Orissa Freedom of Religion=20
Act (OFRA).

The re-conversion took place on Thursday evening in front of the=20
village deity with the performance of certain rituals. The reconverts=20
would also visit Puri and fulfill other rituals necessary for coming=20
back into the Hindu fold, a district official said.

The district administration, coping with unprecedented floods in=20
Kendrapara, is yet to ascertain the details of the re-conversion=20
incident.

Anup Patnaik, Inspector General of Police (operations) said there was=20
however, no tension or any threat to the law and order situation.

Last week one of the converts had told Hindustan Times that they will=20
be compelled to enter the Hindu fold again in order to survive. But=20
those who reconverted into the Hindu fold, maintain that they took=20
the step voluntarily for which they sought help of the villagers.

Meanwhile, the Kendrapara district administration has started=20
preparing a prosecution report against the 19 converts on charges of=20
violating provisions of the OFRA, which stipulates that any person=20
wishing to change his/her religion should first intimate the district=20
administration about it. This was not done in the present case.

VHP detains five for conversion; police refute charge

edition of India's National Newspaper

July 25, 2001

VHP detains five for conversion; police refute charge

VARANASI, JULY 24. A Christian missionary was among five persons=20
detained by the Vishwa Hindu Parishad activists on charges of forced=20
conversion to Christianity. They were handed over to police on=20
Monday, a senior police official said.

However, the City Superintendent of Police said that after=20
interrogation they were released as the allegations were found=20
baseless and no case was filed against them. Mr. Kameshwar Upadhya,=20
chief of Varanasi unit of the VHP, said its activists came to know=20
that some Christian missionaries were allegedly converting youth=20
brought from Bihar and eastern Uttar Pradesh after assuring them of=20
jobs.

Terming the charges as baseless, the youth, who were detained, said=20
they had come here to attend a meeting.

ooooooo

The Hindu : Online edition of India's National Newspaper

Wednesday, July 25, 2001

Stringent law to prevent misuse of foreign funds

By J. Venkatesan

NEW DELHI, JULY 24. The BJP-led NDA Government has decided to repeal=20
the Foreign Contributions (Regulation) Act (FCRA) and replace=20
it with a stringent law to prevent the free flow of foreign=20
funds to Christian missionaries and non-government=20
organisations (NGOs).

According to sources, the Government is seriously concerned with the=20
free flow of funds from abroad notwithstanding the regulations=20
imposed under the FCRA. In its perception, the funds are=20
misused by the beneficiaries for religious conversions and=20
proselytisation in some States. In the northeastern States,=20
they are used by subversive elements to purchase arms and=20
ammunition. The FCRA was introduced during the Indira Gandhi regime=20
to allow the NGOs and Christian organisations to receive funds=20
from abroad for development and educational purposes.

But, sources say the Act has failed to restrict the flow of funds to=20
various organisations, resulting in their being ``misused''. Hence=20
the decision to repeal the Act and replace it with a=20
comprehensive legislation curtailing the organisations from=20
freely receiving the funds from abroad. The new Act to be=20
formally cleared by the Union Cabinet at its next meeting will=20
have safeguards against misuse. - PTI

000000

ALL INDIA CHRISTIAN COUNCIL

79/B I&II Floors, Street 8, West Marredpally, Secunderabad, Andhra Pradesh

President: Dr Joseph D' Souza Secretary General: John Dayal

=20
Please correspond with Secretary General at:

505 Media Apartments, Link Society,18 I.P. Extension, Delhi 110092 India

Phone (91 11) 2722262 Fax 2726582 Mobile 09811021072, Email:=20
johndayal@v...

=20=20=20

URGENT PRESS STATEMENT 29th JULY 2001

Concern at new threats to Religious Freedom

Council legal aid for converts victimized by Orissa Police

Govt. threatens draconian laws; VHP takes law in its own hands

[The following statement was issued in New Delhi and Hyderabad on=20
Sunday, 29th July 2000 by All India Christian Council President Dr=20
Joseph D'Souza and Secretary General John Dayal in the wake of=20
reports of draconian changes in the Foreign Contributions regulation=20
act, the Private members Bill in the Lok Sabha against freedom of=20
faith, the incidence of Vishwa Hindu Parishad goons "arresting"=20
Christian workers in Varanasi, the forcible `re-conversion' of Orissa=20
Christians under the combined pressure of the VHP and the Orissa=20
Police.]

The All India Christian Council calls upon Civil Society, the=20
national Human Rights Commission and fellow citizens to take united=20
action to counter a series of recent incidents in several Indian=20
states by Fundamentalist extremists of the Sangh Parivar, as well as=20
by police forces acting at their behest, in which the civil rights of=20
Christian individuals and groups have been violently attacked. The=20
Council is deeply concerned that the central and state governments,=20
instead of taking urgent steps to restore confidence among the=20
terrorised minorities, have seemingly condoned such actions. The=20
Centre is in fact, according to media reports, bringing forward=20
legislation that will further and more seriously affect religious=20
minorities in the country and their work, and injure Constitutional=20
guarantees.

The Council has declared it will extend al legal assistance to the=20
victims who have been terrorised, specially in the states of Orissa,=20
Gujarat, Uttar Pradesh and Rajasthan.

The most ominous incident has taken place in Varanasi in the state of=20
Uttar Pradesh, where the state government controlled by the Bharatiya=20
Janata party has condoned military training with firearms provided to=20
elements of the Sangh Parivar in recent months. In that city on 24th=20
July 2001, a Christian religious worker was among five persons=20
"detained" by self styled vigilantes of the Vishwa Hindu Parishad.=20
The five men had come to the city to attend a meeting. The City=20
Superintendent of Police, who had the five men released, admitted=20
they were innocent of the charges of conversion levied against them.=20
The police have however taken no action against the VHP goons who=20
terrorised the Christian group.

VHP groups are also terrorising the inmates of an ashram in Kota=20
district of Rajasthan which is home to over 1,500 destitute and=20
orphaned young people from various parts of the country. Death=20
threats have been made against Bishop M A Thomas and officials of the=20
Ashram. Many other similar cases have been reported from other states.

In Orissa, ruled by a coalition in which the BJP is a partner, the=20
police have looked on while Tribal Christians are being coerced into=20
`reconverting' to Hinduism. The Police have evoked the infamous and=20
ironically named Freedom of Religion Act selectively against the=20
Christians but not against their tormentors. As the media has=20
reported, 17 adult persons had some time ago become Christians, and=20
had told the police they had done so of their own free will, without=20
any duress or allurement. The police, acting at the behest of local=20
religio-political goons, however chose to prosecute them and=20
registered cases against them. Emboldened by this, the local=20
fundamentalist elements intimidated the Christians, organising social=20
ostracisation against them. Reports suggest that the authorities=20
tacitly supported the "reconversion." The council has deplored the=20
blatant religious partisanship of the local police and civil=20
administration.

It is quite clear that these elements are getting strengthened by the=20
attitude of the Central government. The minority communities,=20
specially Christians are alarmed, at the failure of the Central=20
government to denounce a Private Members bill moved by one of their=20
patry members in the Lok Sabha, the lower house of Parliament, which=20
seeks a ban on religious conversions, which in affect means a ban on=20
freedom of faith. This bill evoked dark memories of a similar=20
Hitlerian OP Tyagi Bill in the late Seventies which the government,=20
of which the current Bharatiya Janata party was a part, had extended=20
its support.

The council has also strongly criticised the government's reported=20
plan to enact new laws to strangle foreign donations and grants to=20
minority, specially Christian, institutions and organisations. The=20
existing Foreign Contributions Act, FCRA, is already being used as a=20
weapon by the BJP government to target Christian groups and to stifle=20
all protest. We fear the proposed laws are being designed to entirely=20
curtain the educational and public welfare work of the Christian=20
church in India. Christian groups have been thoroughly investigated=20
in the law two years and have been found innocent, and yet extremist=20
groups as well as ruling political parties have persisted a hate=20
campaign against us using disinformation, halt truths and malicious=20
lies.

We call upon Civil Society, the national Human Rights Commission and=20
all fellow citizens to unite in fighting this erosion of civil=20
liberties and constitutional guarantees.

Issued , for favour of publication, by John Dayal

________

4.

AMNESTY INTERNATIONAL PRESS RELEASE 27 July 2001

AI Index ASA 20/040/2001 - News Service Nr. 1310

India : police harassment against the workers of human rights defenders
raising AIDS awareness

Four human rights defenders, arrested solely for their lawful AIDS
prevention activities, should be immediately and unconditionally released
and the action of the Uttar Pradesh Police should be promptly and
impartially investigated, Amnesty International said today.

"These activists appear to have been targeted by the police solely for thei=
r
work with the homosexual community," the organization said, adding that
it considers them to be prisoners of conscience because they have been
arrested solely for their activity to promote the prevention of AIDS and th=
e
right to health.

The organization sent a letter to the Chief Minister of Uttar Pradesh
concerning the reportedly arbitrary interference of Uttar Pradesh Police
officers with the lawful activities of two organizations raising AIDS/HIV
awareness among male homosexuals in Lucknow. In particular, Amnesty
International is concerned by reports that police have arrested four
members of those organizations.

On 7 July police arrested Bharosa Trust Program Manager Parmeshwar
Nair, a worker of the same organization Mohhamad Shahid, the Naz
Foundation International (NFI) director, Arif Jafar, and another office wor=
ker
of the same organisation, Sudhees Kumar, charging them with
"Punishment of criminal conspiracy" and "Unnatural offences" under
Articles 120 B and 377 of the Indian Penal Code.=0E

On the same day police raided the offices of the two organizations and
seized materials they considered as pornographic, but the activists said
these were used to raise safer sex awareness. While in police custody the
four men were reportedly severely beaten with batons. They are presently
in judicial custody in Lucknow District Jail; their application for release=
on
bail was turned down by the judge without giving specific grounds for his
decision. They are now appealing to the Uttar Pradesh High Court.
The lawyer defending the four detainees was reportedly threatened with
arrest by the police on 9 July during the search of the office of Bharosa
Trust which was taking place without the required search warrant from the
court. He was also told not to discuss this case with other human rights
activists in India or abroad.

The Government of India has recently publicly acknowledged, at the United
Nations General Assembly Special Session on HIV/AIDS (UNGASS), that
lesbians and gay men constitute a marginalised community and that they
are particularly vulnerable to HIV infection.

"The Indian authorities should now go one step further and ensure that
subordinate state bodies act in accordance with the government's
international stands and national plans of action," Amnesty International
said.

Background
NFI and Bharosa Trust work within the framework of the National Project
Implementation Plan set out by the National AIDS Control Organisation
(NACO), which identifies male homosexuals as a priority target for AIDS
prevention. Bharosa Trust is also a registered body recognized by Uttar
Pradesh State Aids Control Society, UPSACS. The work of these
organizations appears to be completely in coherence with the positions
taken by Government of India at national and international level.
\ENDS

public document
For more information please call Amnesty International's press office in
London, UK, on +44 20 7413 5566; Amnesty International, 1 Easton St.,
London WC1X 0DW
or
Amensty International India Programme Office, (11) 6510202 / 6854763, G-
13, I Floor, Hauz Khas, New Delhi- 110 016
http://www.amnesty.org

________

5.

Date: Fri, 27 Jul 2001 14:17:50 +0000

NEGOTIATING GAY SPACES
By Yoginder Sikand

Patriarchy has an uncanny way of staving off any challenge to its=20
seemingly invincible power. This is particularly so in South Asia,=20
where patriarchy has assumed the most extreme, grotesque forms, best=20
epitomised in such practices as widow-burning and dowry deaths, forms=20
of control of women unheard of in the rest of the world. If women=20
have borne the brunt of the burden of patriarchal terror, the trauma=20
of homosexual men has been no less acute. Homosexuality continues to=20
be treated as a crime in the statute books of all South Asian=20
countries, buttressed by powerful sanctions of religion and appeals=20
to tradition.
Homosexuals continue to be harassed and persecuted in our=20
part of the world. In Afghanistan under the Taliban, several gay men=20
have been summarily sent to the gallows. In India, where gays face=20
relatively less hostility, they are frequently targetted by the=20
police. Last month, activists of a Lucknow-based gay support group=20
were suddenly picked up and put behind bars, where they still=20
languish. Gay support groups all over India now fear a major=20
backlash. As the recently-released report of the Karnataka unit of=20
the Peoples=92 Union of Civil Liberties [PUCL], titled 'Human Rights=20
Violations Against Sexuality Minorities in India' so dramatically=20
illustrates, despite the mushroom growth of gay groups in India,=20
homosexuals in the country continue to face widespread hostility from=20
their families, employers, the medical establishment, the police and=20
the legal system. Harrowing tales of persecution of gays and lesbians=20
are vividly described in another recent report, issued by Amnesty=20
International, which has now launched a world-wide campaign for the=20
rights of sexual minorities, a group who, despite numbering several=20
millions in South Asia, local human right groups, a few notable=20
exceptions apart, have generally chosen to ignore.
Despite the heavy odds that they are forced to contend with,=20
gays and lesbians are increasingly assertive today. The PUCL report=20
lists almost forty homosexual organisations in various parts of=20
India, although just one each in Pakistan and Bangladesh. Several=20
more exist in cyberspace. These groups cater to only a small=20
proportion of the region=92s massive sexual minority population, who=20
could number anywhere between 50 to 100 million. Informal, hidden=20
support networks provide succour and help to vast numbers, whom gay=20
activists have not yet been able to reach.
Of all sexual minorities, the hijras seem to have the most=20
stable and well-organised social support systems. Last week, I had=20
the good fortune of being invited to attend a traditional hijra=20
ceremony at a temple in a Bangalore suburb. The little shrine,=20
dedicated to a local goddess, Plagueamma (so called because, her=20
followers believe, she keeps the plague away!), is tucked away in a=20
working class locality that has few civic amenities. Negotiating a=20
pot-holed street and overflowing drains, I got to the temple just as=20
the ceremonies were about to start. The chief priestess of the=20
temple, a hijra in her fifties, had been dressed up in a bright=20
yellow silk saree, weighed down with heavy gold jewellery, her hair=20
decked with long strands of moti flowers that stretched like a carpet=20
reaching down almost to her ankles. Balancing seven copper pots=20
precariously on her head, one on top of the other, she led a=20
procession of fellow hijras and curious by-standers through the maze=20
of lanes, stopping at each house to give her blessings. Housewives=20
came out to wash her feet with rosewater and turmeric paste, while=20
the men of the house did a little puja to her, waving a plate=20
containing a little clay lamp, a bunch of paan leaves and red kum-kum=20
powder as if she were some powerful goddess who needed to be=20
appeased. To those who fell at her feet in adoration, she had, in=20
fact, been transformed into a deity, Plagueamma herself, being=20
specially appointed to protect the locality from disease.
The procession wound its way through the huts and hovels of the=20
bustee, the hijras, gaudily painted and powdered and decked in bridal=20
finery, clapping their hands, singing and dancing with gay abandon to=20
the throbbing beat of a dholak. 'Jai Gopala' Jai Gopala', they cried=20
out in passion, invoking the blessings of Krishna, who, the story=20
goes, rushed to the rescue of the hapless Draupadi when her five=20
husbands had gambled her away to the wicked Kauravas. It took well=20
over an hour for the procession to return to the temple, joined now=20
by a large crowd of men and women, awe-struck devotees of the=20
eunuch-turned goddess. The puja then gave over with a community=20
lunch, prepared specially by the hijras, where men, women and the=20
rest all sat together on the bare floor for a sumptuous lunch of meat=20
pilau.
What struck me most about the festival was the awe=97I can=20
think of no better word for it=97that men and women who had gathered at=20
the temple seemed to hold the hijras in. For one day in the year, the=20
much-despised hijras were treated with reverence and respect. The=20
following day they would, however, I was told, have to go back to=20
routine work=97begging and singing and dancing to make their ends meet.=20
What better way of silencing their challenge to male supremacy than=20
turning them into one-day-a-year deities? As Saleem Kidwai and Ruth=20
Vanita have so brilliantly illustrated in their recent book, 'Same=20
Sex Love in India', this is all part of a piece=97those who dare to=20
defy the iron law of heterosexuality must be silenced through terror=20
or even murder, but if that does not work, then, perhaps a more=20
effective way to deal with them is to ritualise and thereby=20
neutralise the threat that they pose. The transformation of fiercely=20
independent women into harmless consorts of male gods is also part of=20
this entire tradition.
In the face of deeply ingrained and institutionalised hatred=20
for them, the hijras, I discovered, have a very strong support=20
network among themselves. Each hijra belongs to a particular gharana=20
or house, each of which has a head or guru. Followers of each guru=20
treat each other as siblings. Few hijras are born eunuchs, most of=20
them being gay men who later undergo surgery. In a culture where gay=20
men are forced to remain invisible, becoming hijras is often the only=20
way out. Surgical operations are generally conducted by=20
poorly-trained midwives or dais, and often results in death. But, as=20
the gay movement gathers strength, despite the seemingly=20
insurmountable odds that it is faced with, perhaps a day would dawn=20
when such painful choices no longer need to be made.
As such, the very notion of homosexuality is a direct=20
challenge to patriarchy since it questions the understanding of the=20
ideal man, a notion based on the sexual control of women. Patriarchy=20
in our part of the world has devised ingenious means to negotiate=20
this threat. Most gays are forced into silence and invisibility,=20
while others go the way of Plaguemma's devotees. Either way, the=20
ideology and structures of heterosexual male privilege remain=20
preserved intact. This is why the emergence of vocal gay activist=20
groups must be welcomed, for they directly question and challenge the=20
normativeness of male supremacy. The path ahead is far from smooth,=20
but it must, however, be trod.

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

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