[sacw] SACW #2 | 5 April. 02

[Harsh Kapoor]

South Asia Citizens Wire - Dispatch #2 | 5 April 2002
http://www.mnet.fr

__________________________

#1. India: When the 'Silent Majority' Backs a Violent Minority=20
(Sumanta Banerjee)
#2. Pakistan's blasphemy law and its victims (Khaled Ahmed)
#3. Appeal to the President of India (Teesta Setalvad, Javed Anand,=20
Indubhai Jani, Batuk Vora Javed Akhtar, Farukh Sheikh)
#4. India: Jains Are Not Hindus, Apex Court Told
#5. April 2002 issue of Himal

__________________________

#1.

Economic and Political Weekly (Bombay)
March 30, 2002

When the 'Silent Majority' Backs a Violent Minority

However much liberal and Left political and social scientists may try=20
to explain every communal riot as a conspiracy by a bunch of=20
politicians in league with religious fundamentalists, we cannot deny=20
the fact that such riots take place on a soil fertile with religious=20
prejudices and hatred. Administrative interventions like prompt=20
police action can indeed prevent riots, but can never eradicate the=20
canker of religious communalism that has remained embedded, and is=20
fast spreading, among the 'silent majority'.

by Sumanta Banerjee

After every major communal riot, people like us who want to believe=20
in the humane qualities of Indians go on reiterating the old cliche -=20
the majority of Indians are secular-minded and all Hindus and Muslims=20
believe in living together in peaceful harmony! We describe them as=20
the 'silent majority', and pity them as mute observers of vicious=20
riots. We interpret the riots as misdeeds perpetrated by a gang of=20
criminals only, in the pay of a minority of unscrupulous politicians=20
in league with a handful of fanatical religious groups. In our=20
desperate urge to defend this wishful image of the 'silent majority',=20
we pick upon every little scrap of news which may describe how in=20
some isolated incident, a single brave Hindu individual or family=20
saved a Muslim neighbour, or vice versa.

While surely admiring such courage, we forget that exceptions do not=20
always make the rule. We refuse to face up to the fact that the=20
silence of this 'silent majority' often amounts to acquiescence in=20
communal riots, and can also provide a social sanction for their=20
outbreak and continuation for days together. What is worse, from the=20
role of passive assenters during communal riots in the 1960-70=20
period, a large number of the 'silent majority', both Hindus and=20
Muslims, have graduated to the role of active participants in such=20
riots during the last two decades. The recent holocaust in Gujarat=20
shows that they are no longer silent. In their post-Godhra=20
retaliation, the RSS-BJP-VHP axis succeeded in mobilising thousands=20
from among these silent Hindu majority. As exposed by the media,=20
Hindu rioters and killers came from educated and upper class families=20
- moving around in cars and with cellphones, while looting=20
Muslim shops and burning Muslim families. Keshavram Kashiram Shastri,=20
said to be a highly respected literary figure of Gujarat, and also=20
the chairman of the Gujarat unit of the Vishwa Hindu Parishad, in an=20
interview on a web site (www.rediff.com/news/2002/mar/12train.him)=20
has proudly described them as 'kelvayela Hindu chokra' (well-bred=20
Hindu boys), whose acts cannot be condemned! It is significant that=20
even the poor and the oppressed among this 'silent majority' - the=20
tribal people - joined the rioters in the villages of Gujarat in the=20
anti-Muslim pogrom.

It was not as if these people were coerced into supporting and=20
joining the miscreants. It was not out of fear of the Sangh parivar=20
gangsters that the 'silent majority' of Hindus in Gujarat refrained=20
from resisting the holocaust. It was out of loyalty and sympathy for=20
these gangsters that they actively participated in the massacre. We=20
have to face this stark fact, and understand the tilt in the mind of=20
the Hindu 'silent majority' that had taken place during the last=20
decade or so. It is not peculiar to Gujarat. We had noticed it in the=20
early 1990s, when thousands from all over India joined Advani's=20
'ratha-yatra' to Ayodhya, and in every state that they passed=20
through, unleashed anti-Muslim riots. The anti-BJP political=20
organisations, ranging from the Congress to the socialists, from the=20
CPI(M) to the Naxalites, failed to mobilise their ranks on the=20
streets and halt this march. I remember, at that time I posed a=20
question to my friends in the CPI, CPI(M) and some Naxalite groups:=20
'You can bring thousands of your ranks and followers at a moment's=20
notice to the Delhi Boat Club for a public meeting. Why don't you=20
organise them to form a human chain to prevent Advani's ratha-yatra?'=20
While others prevaricated, a CPI(M-L) leader of the Liberation group=20
was frank enough in his reply. He admitted that while his party's=20
followers and sympathisers (the majority of whom are from the poor=20
and depressed castes and tribals) would readily congregate at a=20
public meeting on economic demands, and even face police bullets to=20
fight for those demands, they would hesitate to respond to any call=20
given by their party that may pit them against their religious=20
establishment which upholds their faith. He then added the usual=20
refrain: "After all it's up to the state administration to prevent=20
communal riots".

Although many other Leftists may not agree with this assessment, I=20
think this frank acknowledgement throws light on the pathetic state=20
of mind that has paralysed the Left and secular circles in India. It=20
also illuminates the cobwebbed nooks and corners of the psyche of our=20
'silent majority'.

Triumph of Religious Mindset

When we look back at Advani's ratha-yatra and the abortive attempt on=20
the Babri masjid in 1990, we are struck by two developments. One, all=20
through Advani's march, there was no popular resistance, whether=20
spontaneous or organised by political parties and social activists.=20
Two, the only resistance came in the form of administrative actions -=20
the arrest of Advani in Bihar by the Laloo Yadav government, and the=20
shooting down of the Sangh parivar vandals in Ayodhya under Mulayam=20
Singh's government.

This reveals two trends. First, religious hatred seems to be the most=20
cohesive agent that can make any mass movement successful in India,=20
and any appeal to it by communal political parties disarms even the=20
secular parties. Two, there is a growing tendency among the Left and=20
secular parties to depend on the state administration, instead of=20
mass education and mobilisation, to resist communalism. Such an=20
abdication of the responsibility of political education along secular=20
lines, can only sacrifice the 'silent majority' to the political=20
indoctrination campaign of the religious fundamentalists - whether of=20
the Hindu or the Muslim variety. The RSS-run Saraswati Shishu Mandirs=20
and the Jamaat-run madrasas have filled the vacuum created by the=20
disappearance of secular intervention in Indian civil society.

The unopposed march of Advani's ratha-yatra set the tone, and more=20
and more Hindus felt emboldened to respond to the call of the Sangh=20
parivar sadhus and leaders. They came out on the streets, and finally=20
reached Ayodhya on that fateful day, December 6, 1992 to dance the=20
'tandava-nritya' around the destruction of the Babri mosque. The=20
post-destruction riots in other parts of India again were marked by=20
the massive participation of middle class Hindus, including women (of=20
the Shiv Sena in Maharashtra), in the looting and killing spree=20
directed against the Muslims. Other Hindus who were still a bit=20
ashamed of directly taking part in the mayhem, betrayed their=20
sneaking sympathy for the vandals by expressing all sorts of specious=20
opinions, ranging from the suggestion that the religious faith of the=20
majority community should be respected to the suspicion that the=20
Muslims might be acting as Pakistani agents. During the last one=20
decade since the Babri mosque demolition, the paralysis of the Left=20
and secular forces and the dithering of the successive governments at=20
the centre, had only helped the Hindu fundamentalist terrorists to=20
recruit more people to their ranks and win over larger sections of=20
the Hindu 'silent majority' to their side. The latest pogrom in=20
Gujarat, carried out with active support of Hindus of all sections,=20
should be an eye-opener for all. Even in the Left citadel of West=20
Bengal, the VHP succeeded in gathering a large number of Bengali=20
kar-sevaks for their march to Ayodhya. It was not popular resistance=20
from the villagers, but prompt police action that prevented them from=20
carrying out a 'yagna' (which would have led to another communal=20
conflagration) in rural Canning - a Left stronghold.

Deadly Hold of Religion

It is about time therefore that we take the blinkers off our eyes,=20
and have a close look at the 'silent majority' in India - whether=20
Hindus or Muslims. Leave alone secular-minded, they are not - and=20
cannot be - even pluralistic in their religious outlook. The simple=20
reason is that as long as they allow themselves to be controlled in=20
their social life by the clergy and follow the antediluvian tenets of=20
their respective religions, they will never be able to understand the=20
values of a secular civil society, and accept the principle that=20
people of different races, religions and political beliefs can live=20
together peacefully with equal status in the same society. The=20
religious beliefs and practices that their clergy dictate and which=20
they blindly accept, have been traditionally socially divisive,=20
creating pejorative terms like 'javanas' used by Hindus to despise=20
the Muslims and 'kafers' used by Muslims to denounce the Hindus. They=20
have created divisions even within their respective religious=20
communities - caste conflicts among Hindus, Shia-Sunni discord among=20
Muslims. But looming large over all these various intra-religious=20
conflicts in India is the inter-religious war between Hindus and=20
Muslims.

It is quite natural therefore that in continuation of that divisive=20
tradition, historical religious war-cries like 'dharam-yudh' and=20
'jehad' can even today easily mobilise and unite large numbers in=20
both the communities respectively - behind the Hindu terrorists over=20
the Ayodhya issue or the Muslim terrorists over the Kashmir issue.

Let us not fudge the issue by using selective instances from the=20
past. I appreciate the well-researched efforts made by eminent=20
historians in revealing that Shivaji employed Muslims in his army or=20
that Akbar's commander was a rajput Hindu king. But from these facts=20
if we jump to the conclusion that Hindu-Muslim relations among the=20
'silent majority' were always hunky-dory in those days, we shall=20
perhaps err on the side of simplistic generalisation, just as the=20
Sangh parivar's less erudite historians do. They also select=20
instances like the demolition of some Hindu temples by Muslim rulers=20
and ignore numerous cases of the granting of sites for temples by=20
other Muslim rulers. From this selective approach, they claim that=20
the entire Muslim rule in India was a history of unmitigated tragedy=20
for the Hindu 'silent majority'.

A hundred years from now, some historians may try to prove that=20
Muslims were living happily in India in the 1990s, by picking up the=20
news item that the Toyota in which L K Advani led his ratha-yatra was=20
driven by a Muslim, while ignoring the other news of the massacre of=20
Muslims that his yatra instigated. While writing the history of India=20
of 2002, some may try to prove that the BJP was an extremely tolerant=20
party, by pointing out that it appointed a Muslim minister in the=20
government that it was leading. They may further list the number of=20
Muslims that had become BJP members, MLAs, corporation councillors,=20
among others. Will the massacre of Muslims that was taking place at=20
the same time in Gujarat under BJP rule feature in this future=20
history?

To come down to brass tacks - past historical illustrations of=20
certain policy decisions by the rulers, as well as the choices made=20
by certain individuals among the ruled, need not reflect the actual=20
state of relations at the grass roots between members of the two=20
religious communities. For instance, Shivaji did indeed employ Muslim=20
soldiers in his army, but they joined him as mercenaries. One doubts=20
whether such acts ever set a model for a secular society, or a=20
lasting Hindu-Muslim fraternity in Maharashtra. The Hindu rajput=20
king, Man Singh, chose to join Akbar, command his army and play a=20
crucial role in subjugating both Akbar's Hindu and Muslim opponents=20
in Bengal and other parts of India. But it is evident that he was=20
just carrying out his role as an accomplice-cum-employee of the Mogul=20
emperor and was not inspired by any ideology to foster Hindu-Muslim=20
unity within a secular framework.

Similarly, today in Indian politics, such accomplices and mercenaries=20
can be found among Muslim politicians (as well as from other=20
communities). Some among them are willing to serve the ruling BJP and=20
its parent the Hindu Sangh parivar - despite their ideological=20
crusade against Muslims - out of their sheer personal ambition, for=20
instance, to get ministerial berths, or occupy a position of power.=20
Some, who may be less opportunist, rationalise their support to the=20
BJP by privately admitting that since the secular Constitution cannot=20
protect them, they might as well pay 'protection money' to the=20
saffron brigade in the shape of votes and other forms of support.=20
These Muslims may be willing to heed the warning given to them by the=20
RSS at its recent Bangalore session: "Let the Muslims understand that=20
their real safety lies in the goodwill of the majority... Winning=20
goodwill means respecting, tolerating and cooperating with the=20
majority community" (The Indian Express, March 18, 2002). In other=20
words, they have to reconcile themselves to the status of=20
second class citizens.

But this is reconciliation under coercion - and it also implies the=20
demotion of the Muslims to an inferior position. This warning against=20
Muslims by the Sangh parivar is nothing new. Their activists lose no=20
chance in reinforcing this by reminding them of their inferior status=20
- as the 'kar sevaks' did by forcing them to shout 'Jai Shri Ram',=20
and taking goods from Muslim pedlars without paying them at Godhra=20
station. It is such provocations and aggressive acts, along with the=20
long history of RSS-organised communal riots - which have been=20
allowed to gather momentum by successive ruling parties both at the=20
centre and states - that reinforce the hold of the clergy among the=20
alienated and aggrieved Muslim populace, whom they try to rouse to a=20
religious frenzy, telling them that Islam is in danger. As a result,=20
some among them are gravitating towards aggressive retaliation,=20
either spontaneously or through terrorist organisations. The Godhra=20
incident is an indication of the trend. Whether instigated by the ISI=20
or carried out by the local criminal elements in the area (who are=20
reported to be mainly Muslims), what needs to be noted is the=20
participation of a large number of Muslims, including women, in the=20
assault on the train which carried the 'kar sevaks'.

The abiding hold of religion on the 'silent majority' in India is=20
further bolstered by the growing trend of criminalisation and=20
corruption that has totally vitiated the social environment. The=20
abominable effluent of mass putrefaction is pouring out from every=20
segment of society - spoilt sons of upper class bureaucrats, army=20
generals, businessmen and politicians who can get away with murder;=20
middle class clerks, traders and unemployed youth who have no qualms=20
in cheating others in their struggle for existence on principles of=20
laissez-faire; industrial workers in the cities who do not think=20
twice before joining the the lumpen proletariat to make a fast buck;=20
farmers in the villages who are ready to snuggle up to armed=20
gang-lords in order to grab land from their neighbours. These are the=20
creepers and climbers, grovellers and schemers, scrambling over one=20
another, who form India's 'silent majority'. For them it is just=20
another step from demanding a bribe to looting a shop, from=20
threatening a neighbour to killing him. And when such acts become a=20
part of a collective action sanctioned in the name of religion, they=20
are assured of their protection by society. In Gujarat, for instance,=20
the VHP has formed a panel of 50 lawyers to help release the Hindu=20
rioters, and none of these lawyers will charge any fees.

We have seen the faces of these members of the 'silent majority'=20
again and again - sometimes at the front of the riotous mobs,=20
sometimes behind them not taking part but letting things go. They=20
were there in 1984 - the Hindu upper and middle class youth, the=20
Hindu dalit poor, who looted the shops and homes of their Sikh=20
neighbours and killed them. They reappeared from their 'silent'=20
background in 1992 when they went on a killing spree all over India -=20
this time against Muslims. And now in Gujarat, Orissa, Haryana and=20
other parts of India, members of this 'silent majority' have asserted=20
by their behaviour that they are no longer willing to be 'silent'.

In the 1960-70 period, assertion by the 'silent majority' was=20
manifest in mass movements on issues like rising food prices, curbs=20
on democratic rights, etc, which drew together people from all=20
religious communities. But today, whenever the 'silent majority' in=20
India, whether Hindus or Muslims, become articulate, it seems to lead=20
to communal riots. The change indicates the transformation in the=20
psyche of the 'silent majority', as also the failure of the secular=20
political parties to comprehend the transformation, and prevent it=20
from spilling out in communal conflagration.

Bane of Religion

However much liberal and Left political and social scientists may try=20
to explain every communal riot as a conspiracy by a bunch of=20
politicians in league with religious fundamentalists, we cannot deny=20
the fact that such riots take place on a soil fertile with religious=20
prejudices and hatred. Administrative interventions like prompt=20
police action can indeed prevent riots, but can never eradicate the=20
canker of religious communalism that has remained embedded, and is=20
fast spreading, among the 'silent majority'.

Well-meaning secularists who hope to bring about peace among Hindus=20
and Muslims by harking back to selective quotations from their=20
respective scriptures in support of religious harmony appear to be=20
barking up the wrong tree. All that remain of those scriptures are=20
their corpses that have become breeding grounds of communal=20
pestilence. Religions have lost the creative impulses that produced=20
the best in art and culture in the past. We can never make the saints=20
of the 'bhakti' and 'sufi' traditions walk again today. The=20
literature that they created still remains a source of aesthetic=20
enjoyment, but it was produced in a period which, to quote what Marx=20
said about Greek culture, was the "social childhood of mankind, where=20
it had obtained its most beautiful development". He added: "A man=20
cannot be child again unless be becomes childish" (A Contribution to=20
the Critique of Political Economy). In India today, the Hindu=20
'Ram-bhakts' in their madness to revive the mythology of a=20
'Ram-rajya', and the Muslim fundamentalists in their zeal to impose=20
the laws of a bygone era, are not behaving like innocent children=20
asking for the moon, but as hardened criminals determined to impose=20
their will.

Watching them, one remembers the sad observation made by the French=20
poet Paul Valery about the 'silent majority' which surrounded him=20
during the second world war - "Man is human only in small numbers".=20
It goes back to Rousseau's concept of man being a 'noble savage'.=20
Sadly enough, most of the time in history, the savage had prevailed=20
over the noble. India today can provide a classic example of the=20
superiority of savagery over nobility.

_____

#2.

The Friday Times (Lahore)
April 5-11, 2002

Our blasphemy law and its victim community

by Khaled Ahmed
=09=20
Every government recognises the unholy and completely draconian=20
nature of the blasphemy law in Pakistan. Even the right wing=20
politicians like Raja Zafarul Haq who interface with the clergy as a=20
clout against the state have tried in the past to 'rationalise' if=20
not repeal the law, but such is the power of the clergy and the=20
religious leaders of Pakistan that virtually no one can take any=20
meaningful action. The world community has put pressure on Pakistan=20
but no remedial measures at the administrative level have helped=20
alleviate the plight of the targeted communities. The law adds to the=20
other factors of lawlessness and crime in the country. The 'soft'=20
state definition of Pakistan will persist as long as elements=20
campaigning in the name of religion are either allowed exemption from=20
law or offered laws as a handle to increase their power vis-=E0-vis the=20
state
------------------------------------------------------------------------
othing has damaged Pakistan's reputation as a civilised country more=20
than the two Penal Code sections 295-B and 295-C. The first punishes=20
desecration of the Holy Quran with life imprisonment and the second=20
punishes the offering of insult to the Holy Prophet PBUH with the=20
minimum sentence of death. The movers of the law intended it for the=20
persecution of the Ahmedi community in Pakistan which former prime=20
minister Bhutto had already declared non-Muslim through the passage=20
of the Second Amendment to the 1973 Constitution in 1974. Further=20
disabilities were placed on the community through Martial Law Order=20
20 by General Zia in 1984 allowing the courts to punish the Ahmedis=20
if they called their place of worship by the name of 'mosque' or gave=20
a call or azan for their prayers or used any of the epithets used by=20
the Muslims.

What was meant for the persecution of the Ahmedi community at the=20
hands of the state was used by the unscrupulous against Christians=20
and Hindus in order to dispossess them of their property. According=20
to one practice adopted by Sipah Sahaba against the Christians=20
accused of blasphemy, the entire Christian community of a given=20
locality is ejected from their houses and the houses given over to=20
the accusers. Many jehadi organisations have been known to have=20
indulged in this business of dispossession of property. Action=20
against the Christian community has highlighted the problem=20
internationally, especially as the entire Christian church becomes a=20
target of the law in sections of the Bible where some Quranic=20
prophets are seen to be insulted. But the real issue, the=20
stated-aided persecution of the Ahmedis, has retreated into the=20
background.

A recent publication summarises the cases of persecution of the=20
Ahmedi community, bringing out the irrationality of the=20
blasphemy-related laws in Pakistan. The community finds no defenders=20
among the Muslims of Pakistan because the law actually emanates from=20
a 'national crime' on the order of the German antipathy for the Jews,=20
the Iranian antipathy of the Bahais, and the Turkish antipathy of the=20
Armenians. It is because of the primordial nature of the crimes=20
committed against the Ahmedis under law that the state of Pakistan=20
looks so irrational to the outsider. In the anthropological=20
perspective, the Pakistanis are performing the rite of immolation=20
which gives them spiritual satisfaction and validates their identity=20
as a nation. It is from this anthropological standpoint that the=20
persecution of the Ahmedi community should be understood in Pakistan.=20
A look into the Nigerian psyche while Nigeria promulgates the shariah=20
in its various states would also be helpful in understanding=20
Pakistan's own tribal direction.

Persecution of Ahmedis in Pakistan during the Year 2001 tells us of=20
the normal pattern of action taken against the Ahmedis. The local=20
cleric becomes obsessed with the heresy of the community and starts=20
targeting the local Ahmedi inhabitant. His fulminations force a kind=20
of boycott on the Ahmedis who may then be killed by a riled Muslim,=20
as in the case of Shaikh Nazir Ahmad of Faisalabad whose murder by a=20
chowkidar was brushed under when the clerics got together and made=20
the administration retreat from prosecution. Mr and Mrs Abdur Rahim=20
of Sahiwal were found murderedafter they had extricated themselves=20
from an earlier case of blasphemy after a trial that had gone on for=20
a decade. In Gujrat, which has emerged as a hotbed of anti-Ahmedi=20
action usually based on the dispossession of property, Muhammad Akram=20
and Naeem Ahmed were murdered by the local rival families. In most=20
cases, after the murder of the Ahmedis the police registers cases=20
against more Ahmedis while ignoring the real culprits.

Pakistani judges are intimidated into awarding stiff sentences to the=20
Christians, but in the case of Ahmedis they do it for personal=20
spiritual satisfaction. A case in Hyderabad makes good reading. An=20
Ahmedi landlord wanted to expand a Muslim mosque that already existed=20
on his land in Mirpur Khas. He got a Sindhi Muslim to demolish it and=20
built a bigger one in its place. The new mosque came up in 1998. A=20
local cleric got wind of it and reported the matter. The DSP, after=20
discovering the real story, set aside the plaint. After this, prime=20
minister Nawaz Sharif and president Tarar were approached by the=20
plaintiffs and orders were issued from Islamabad to proceed against=20
the said Ahmedi. Anti-terrorist Court Judge in Hyderabad took his=20
time, then sentenced two Ahmedis to 118 years each in jail under=20
blasphemy. The Supreme Court asked the court to review whether the=20
case actually belonged in the terrorist activity, which the court=20
thought it was. The pattern is to resort to the summary=20
Anti-Terrorist Courts to get the Ahmedis punished in short order.

Sometimes the situation can be comic. In Kotri, an Ahmedi was=20
sentenced because he had written the kalima on his house. His plea=20
was that the kalima was already written on his house when he=20
purchased it. Had he rubbed off the kalima after he got the house he=20
would equally have been guilty of blasphemy. The case that finally=20
ended in the conviction of this 70 year old Ahmedi dragged on for ten=20
years. In most cases Ahmedis accused of blasphemy are not allowed=20
bail and can rot in jail over many years. Also in Kotri, four Ahmedis=20
were proceeded against under the blasphemy law and could be awarded=20
the death sentence. Out of the four one died during prosecution that=20
went on for nine years, two ran away from Pakistan and the one left=20
behind was finally sentenced to two years in jail in 2001. Another=20
case in Kotri, which also seems to have become a hotbed of=20
anti-Ahmedi campaign by the clergy, one Ejaz was made to undergo a=20
trial for nine years before he was let off the charge of insulting=20
the Holy Prophet PBUH. A number of the co-accused fled the country.

There are cases of false registration routinely punished by the=20
courts. One Ahmedi in Khushab made the mistake of registering his new=20
born son as a Muslim in 1995 and was convicted in 2002 for having=20
used Islam (and sentenced to one year in jail) which he was=20
prohibited from under the law. One lady in Mansehra made the mistake=20
of calling herself Ahmedi Muslim on her zakat exemption certificate.=20
She was prosecuted together with three others including her father=20
who had endorsed her certificate. The lady was lucky to get bail but=20
the case was still pending in 2001. Another Ahmedi in Sindh was=20
convicted of breaching Martial Law Order 20 when he allegedly got=20
himself counted as Muslim in the census. Another Ahmedi who hung a=20
calendar printed with the kalima was also convicted of offence under=20
Martial Law Order 20. Some Ahmedis are lucky that they are not=20
convicted of maximum blasphemy, but even if they go in for one year=20
they have spent years defending themselves, sometimes without the=20
right of bail.

Hounding the Ahmedis out of educational institutions is routine even=20
in the big cities where normally the most absurd cases are dropped=20
because of the close scrutiny of the English press and the strength=20
of the central bureaucracy. In Islamabad one Ahmedi lady teacher was=20
hounded because she taught Arabic grammar in a state-owned=20
institution from a prescribed book which used a phrase that could be=20
construed as blasphemous. The phrase contained the word Muhammad but=20
it was not the name of the Prophet PBUH. Yet the Khatm-e-Mabuwwat=20
clerics got into action and one Urdu newspaper reported the matter in=20
a prejudiced way. One lady hit the teacher on the face. The education=20
department suspended the said teacher. Meanwhile the Khatm-e-Nabuwwat=20
clerics called on the government to remove all Ahmedis from the=20
education service. The teacher was finally let off from the charge of=20
blasphemy, for which she could have been hanged, after being accused=20
of being 'careless'.

In Lahore a shopkeeper at the Engineering University was declared by=20
an Islamic party to be a blaspheming Ahmedi (which he was not).and=20
demonstrated against the vice-chancellor when he was not responsive.=20
Finding that the charges would not stick, the student agitation=20
changed the campaign into a demand for the separation of Ahmedi and=20
Muslim mess in the University. The vice-chancellor was sympathetic to=20
the Ahmedi students but could do nothing. He advised them to leave=20
the University hostels. Several places of learning in Lahore and=20
other big cities have witnessed Ahmedi students being beaten up. The=20
institutional administration is usually enlightened but is most=20
reluctant to defend the rights of the Ahmedis because they don't want=20
confrontation with the clerics, the student wings of the religious=20
parties and the jehadi organisations which the state is using to=20
fight the Kashmir war.

During 2001, 71 cases were registered against the Ahmedis. Other=20
kinds of persecution went on too. Branch offices of the=20
Khatm-e-Nabuwwat organisation run by Deobandi and Barelvi clerics and=20
backed by aggressive Deobandi jehadi outfits in the small towns of=20
Pakistan regularly issue warnings to the local Ahmedi inhabitants.=20
These warnings are couched in extremely violent language threatening=20
action which is clearly against the law and thus reflects the=20
attitude expressed by one judge of the Lahore High Court when he told=20
an audience that Muslims should punish the blasphemers themselves=20
instead of resorting to legal remedy. In the smaller cities, the=20
judges take upon themselves the role of the punisher and threaten the=20
Ahmedis after calling them into their courts. In many cases when the=20
plaintiff was not keen the judge was willing to earn spiritual reward=20
by proceeding against the Ahmedis on his own. In other cases, the=20
judges awarded the maximum punishment simply because they could not=20
cope with the threats hurled at them by the clerics and their armed=20
followers.

Every government recognises the unholy and completely draconian=20
nature of the blasphemy law in Pakistan. Even the right wing=20
politicians like Raja Zafarul Haq who interface with the clergy as a=20
clout against the state have tried in the past to 'rationalise' if=20
not repeal the law, but such is the power of the clergy and the=20
religious leaders of Pakistan that virtually no one can take any=20
meaningful action. The world community has put pressure on Pakistan=20
but no remedial measures at the administrative level have helped=20
alleviate the plight of the targeted communities. The law adds to the=20
other factors of lawlessness and crime in the country. The 'soft'=20
state definition of Pakistan will persist as long as elements=20
campaigning in the name of religion are either allowed exemption from=20
law or offered laws as a handle to increase their power vis-=E0-vis the=20
state.

____

#3.

Carnage in Gujarat: Citizens' Initiative for Justice & Peace
Update April 03, 2002=20

Appeal to the President of India

To,
The President of India,
Shri Narayanan

Dear Mr Narayanan,

l Stop the Gujarat State's violent efforts to wind up vulnerable=20
relief camps in Ahmedabad city
l Punish Policemen Guilty of Firing to Kill 40 days after Violence in Guj=
arat
l Deploy Army in Full Control in Gujarat as the Police functions=20
Unprofessionally
l Demand Constitutional Accountability from chief minister=20
Narendra Modi whose office is=20=20=20=20=20=20=20=20=20=20
violating the Indian Constitution every day

Police were at the forefront of today's assault against minority=20
sections of the population in the curfew-ridden parts of Ahmedabad,=20
Gomtipur. The Police, led by PI SD Sharma, in the presence of Mr=20
Parmar of the Ahmedabad Collectorate, led a violent attack on the 750=20
refugees of the Suleiman Roza Relief Camp (behind Nutan Mills),=20
Saraspur and actually shot two persons, Pirujbhai Mohammad Sheikh(30)=20
and Khatoonbi Sharfuddin Saiyed (45). The camp that has been home to=20
750 persons displaced persons over the past 40 days was in this=20
fashion forcibly wound up. The 750 persons have fled and many are=20
sleeping under the open sky in fear and terror.

Gujarat Chief Minister Narendra Modi had made public noises about=20
wanting to wind up camps before the Prime Minister Atal Behari=20
Vajpayee's visit and BJP minister Bharat Barot intimating that all=20
relief camps should be wound up. The incident happened around 11. 30=20
a.m. just after the Collector Pandaya had left the area after a camp=20
visit. This camp, number 37 was fired upon late last night by the=20
police and the two injured persons are in Civil hospital. Masoombhai,=20
a worker at the camp has been arrested by the police. The camp 35 Al=20
Iqwan chaali is receiving threats and facing attacks from local mobs.=20

Unprecedented Violence has broken out in Ahmedabad and it's outskirts=20
today with the police, RAF and SRP forces numbering 150 shooting 29=20
innocent victims inside their homes and killing one. Advocate Nizam=20
was shot dead by the police inside his home today. Dr Ishaq Sheikh,=20
Vice President, of the Al Ameen Garib Niwas Hospital, an institution=20
that has been at the forefront of helping the injured and brutalised=20
over the past 40 days was pulled out of his ambulance by the=20
Ahmedabad police, SRP and RAF personnel and brutally beaten up.=20
Police Inspectors Modi and Parmar were present while this happened=20
and did nothing to stop the assault. The second person shot dead in=20
police firing hails from Sakhar ghanchi ki chawl -- (Mohammad Yunus=20
Akbarbai). The Policemen named by eyewitnesses are NA Modi (PSI D=20
Staff), NR Jadhav, senior Police Inspector and Mr Sawani, DCP.

Two other camps-the Char Toda relief camp at Gomtipur and the Al=20
Iqwan Committee at Saraspur were threatened by the police that they=20
should be wound up soon.

Within Gomtipur, local residents claim that near Mariambi ki chawl,=20
Hirabai chawl, a camp of 700 Harijans has been continually provoked=20
by their leaders Dayabhai Hirabhai (independent corporator) and Jitu=20
Waghela (ex corporator BJP) and Harish paanwala; first in BJP now in=20
Congress to attack the homes at Mariambi chawl. The attackers come=20
from Amraiwada (Sahranpur cotton mill 2 and Silver Mill); and the=20
signals to attack are either a rocket launcher being let off at night=20
or firecrackers being burst in the daytime.=20

Today over 8,000 persons have taken shelter at the Mother Dawakhana=20
and St Joseph's school Gomtipur. They hail from Chote Lal ki chawl,=20
Mariambi ki chawl, Sahriya Ghanchi ki chawl, Mathina Bhavan, Hari=20
Niwas Chali, and Mehmoob Building.=20

Teesta Setalvad Javed Anand Indubhai Jani Batuk Vora=20
Javed Akhtar Farukh Sheikh.

____

#4.

The Telegraph
5 April 2002

JAINS ARE NOT HINDUS, APEX COURT TOLD

FROM OUR LEGAL CORRESPONDENT

New Delhi, April 4:
The largest Constitution bench hearing issues of "minority",=20
"religion" and "language" was today told that Jains, Sikhs, Buddhists=20
and Parsis could not be taken to be part of Hindu religion simply=20
because Hindu laws applied to them for marriage, inheritance, and=20
adoption.

Arguing that "philosophy is broader and law is narrower", senior=20
counsel and former Union law minister Shanti Bhushan, appearing for=20
Jains' educational institutions, told the 11-judge bench that=20
"historically and culturally" Sikhs, Buddhists and Jains came from=20
Hindus and hence the Hindu laws were applied.

But that "does not mean that they are not a separate religion and=20
only (a) part of (the) Hindu mainstream".

The argument was put forward by the counsel to buttress his=20
contention that Jains should not be put in a disadvantageous position=20
and denied the rights and privileges of minority institutions.

He told the court that the Hindu Marriage Act was applicable to all=20
these religions but they are not "sects" of Hinduism like Lingayat,=20
Virshaiva, Brahmos and Arya Samajis.

He cited Section 2 of the Act which states that the law is applicable=20
to Hindus and to others like Jains, Sikhs and Buddhists "by religion".

This expression - "by religion" - clearly makes the distinction that=20
the three are separate religions, he argued.

The Act itself bracketed Arya Samajis, Brahmos, Virshaiva and=20
Lingayats with the Hindu religion as its sects, Bhushan argued.

The arguments on behalf of Muslim minority educational institutions=20
from Karnataka were concluded by Fali Nariman, after which Bhushan=20
took over.

Another legal luminary, K.K. Venugopal, will speak for Tamil Nadu,=20
Chhattsigarh and Madhya Pradesh after Bhushan finishes his arguments=20
which are likely to continue for two more days.

After Venugopal finishes, arguments will be put forward for Kerala=20
and Maharashtra.

This is the largest bench ever to go into three crucial expressions -=20
"religion", "minority" and "language" - as appearing in Article 30 of=20
the Constitution and would also determine what constitutes a minority.

Bhushan contended that in 1919 the Jain gurus in a Mahasabha passed a=20
resolution making it clear that they would set up their educational=20
institutions to propagate, preach and educate students about their=20
"religious philosophy".

Then institutions were set up where the Jain religion was taught as a=20
subject "although other secular subjects were also taught", Bhushan=20
said.

While Brahmos and Arya Samajis are considered to be part of Hindus,=20
Jains, Buddhists and Sikhs are not.

In another judgment, the Supreme Court had earlier dismissed a=20
petition contending that Vivekananda and Sri Ramakrishna were not=20
Hindus and constituted a separate religion.

In this case, the apex court said they were an integral part of the=20
Hindu religion and were major reformers of the Hindu society.

The arguments will continue on a day-to-day basis.

____

#5.

The April 2002 Himal is on newsstands

In the issue:

EROSION OF THE NEPALI WORLD: The Maoist War, Nepal=EDs State of=20
Emergency and the country=EDs uncertain future.

VIOLENCE AGAINST MINORITIES: The BJP=EDs Betrayal; =EBGujarat=ED and the=20
Pakistani state; the Shi=EDites of Karachi; and Being Hindu in=20
Bangladesh

PAKISTAN ECONOMIC REVIEW: Sinking or swimming along the Indus?

plus Sri Lanka peace maneuvers
plus Poverty Programming in South Asia
plus much more at:

www.himalmag.com

--=20
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