[sacw] SACW | 14 Jan. 03

[Harsh Kapoor]

South Asia Citizens Wire | 14 January 2003

CRIME AGAINST HUMANITY -- GUJARAT 2002: A report on the=20
investigations, findings and recommendations of the Concerned=20
Citizens' Tribunal
on http://www.sabrang.com.

FOREIGN EXCHANGE OF HATE- IDRF and the American Funding of Hindutva
A report on the US-based organization -- the India Development and=20
Relief Fund (IDRF), which has systematically funded Hindutva=20
operations in India.
http://www.mnet.fr/aiindex/2002/FEH/

__________________________

#1. Sri Lanka Peace Talks - Statement of the Royal Norwegian=20
Government [a committee established to ensure the effective inclusion=20
of gender issues in the peace process]
#2. Nepal - An Open Letter to Secular and Democratic Individuals,=20
institutions and parties: (Anil Chamaria)
#3. The Forgotten War of Nagaland (Luke Harding)
#4. India: Feminists Appeal For A Common Programme for March 8=20
[International Women's Day]
#5. India has run through all options, except that of classical=20
secularism - the separation of religion from state (Swagato Ganguly)
#6. India: Blind to ordinary deaths (Swami Agnivesh/Valson Thampu)
#7. India: Abuse of Power: Punish Those Who Jail Innocents (Siddharth=20
Varadarajan)

__________________________

#1.

http://odin.dep.no/ud/norsk/aktuelt/nyheter/032171-210005/index-dok000-b-n-=
a.html
Statement of the Royal Norwegian Government

Sri Lanka Peace Talks
9 January 2003

Accelerated Action on Resettlement and Humanitarian Action, Progress=20
on Human Rights

The Government of Sri Lanka (GOSL) and the Liberation Tigers of Tamil=20
Eelam (LTTE) held the fourth session of peace talks at the Rose=20
Garden in Thailand 6 - 9 January 2003.

Deliberations were conducted in a frank and constructive atmosphere,=20
with both parties demonstrating their conviction that the peace=20
process must be sustained even when difficult issues are addressed.

The main focus of the parties was on the need to ensure=20
implementation of urgent humanitarian priorities. It was strongly=20
emphasized that the significant political breakthrough made at the=20
third session of talks in Oslo in December 2002, at which the basic=20
principles for a political settlement were outlined, will be=20
sustained through continued discussions on political matters. At the=20
same time, political progress must be underpinned by tangible=20
improvements in the daily lives of people. To this end, there is a=20
need for more effective implementation by the parties as well as the=20
speedy provision of funds by donor governments.

The parties recognized that the situation with regard to the High=20
Security Zones involves major humanitarian and security concerns for=20
both parties. Recent controversies surrounding this matter were=20
discussed in depth. The parties did not reach agreement on the=20
continuation of the work of the Sub-Committee on De-Escalation and=20
Normalization (SDN).

Notwithstanding the disagreement on this particular issue, the=20
parties emphasized the need for progress in resettling the hundreds=20
of thousands of displaced persons. To this effect, the parties agreed=20
on an "Action Plan for an Accelerated Resettlement Programme for the=20
Jaffna District." As the clear majority of resettlement cases relate=20
to areas outside the High Security Zones, the first phase of the=20
Action Plan will focus on such areas.

The plan sets out four specific tasks and corresponding deadlines:

* A preliminary physical assessment to be completed by 7 February 2003
* The formulation of project recommendations and identification=20
of potential implementing agencies by 14 February 2003
* The identification of available resources from appropriate=20
funds by 20 January 2003
* A plan to release premises presently used by the Security=20
Forces to the original owners or intended purposes, to be submitted=20
by 31 January 2003.

Members of the Sub-Committee for Immediate Humanitarian and=20
Rehabilitation Needs (SIHRN), representing both the GOSL and the=20
LTTE, will meet with the United Nations High Commissioner for=20
Refugees (UNHCR) shortly to discuss UNHCR participation in=20
effectuating this plan. The particular needs of the displaced Muslim=20
population will be duly accommodated in the resettlement process.

The second phase of the Action Plan will focus on resettlement of=20
IDPs and refugees in areas within the High Security Zones, as and=20
when they are released by the Security Forces for resettlement. For=20
this purpose, the GOSL will carry out a review with the assistance of=20
an internationally recognized military expert, taking into account=20
relevant humanitarian and security needs.

Following the strong political and financial support pledged by the=20
international community at the Sri Lanka Support Meeting held in Oslo=20
on 25 November 2002, the parties stressed the need for moving from=20
planning to implementation of humanitarian and rehabilitation=20
programmes. The rapid establishment of the North East Reconstruction=20
Fund (NERF) will be decisive for the speedy disbursement of=20
international assistance. The parties welcomed a decision by the=20
Sub-Committee on Immediate Humanitarian and Rehabilitation Needs=20
(SIHRN) to select the World Bank as the custodian of the NERF.=20
Furthermore, the parties confirmed the SIHRN as the prime=20
decision-making body for meeting immediate humanitarian and=20
rehabilitation needs in the north and east. The GOSL in particular=20
undertook to ensure that the respective roles of government=20
institutions engaged in the north and east are properly clarified and=20
co-ordinated with the SIHRN.

In line with the agreement on basic principles for a political=20
settlement, in which a number of issues were identified for=20
discussion, the parties will commence a process for discussion of=20
human rights issues. Human rights will constitute an important=20
element of a Final Declaration. As first steps in furthering human=20
rights issues in the process, the parties agreed on the following:

* A schedule on human rights issues will be worked out=20
following discussions at the next session of peace talks. For this=20
purpose, the assistance of the agreed human rights adviser to the=20
parties will be sought.
* An independent verification mechanism will be established for=20
persons Missing in Action (MIA) and Involuntary Disappearances, with=20
the assistance of the International Committee of the Red Cross (ICRC).

As a means to reinforce respect for the provisions of the Ceasefire=20
Agreement, monthly meetings will be held between the GOSL, the LTTE=20
and the Sri Lanka Monitoring Mission (SLMM) in order to discuss=20
issues arising from the regular SLMM summary of total recorded=20
complaints and violations of the Ceasefire Agreement. Mr. Fernando=20
(GOSL) and Mr. Karuna (LTTE) will be responsible for organizing these=20
meetings and will report on progress made and any outstanding=20
problems at each session of the peace talks.

The government expressed serious concerns related to the recent=20
incident involving transportation of prisoners through Vanni. The=20
LTTE gave assurances that the case will be examined and that=20
appropriate action will be taken as a matter of urgency.

More generally, the parties agreed to ask the facilitator to propose=20
procedures to ensure rapid corrective action by the parties in cases=20
of incidents that are or can be perceived as disrupting the peace=20
process.

Following an agreement made at the third session of talks, a=20
committee was established to ensure the effective inclusion of gender=20
issues in the peace process. The terms of reference for the committee=20
will be formulated by the members at their first meeting. The=20
committee will be facilitated by the Royal Norwegian Government,=20
which will seek to provide a senior Norwegian resource person and=20
necessary financial resources. The committee will consist of the=20
following five representatives of each party:

* LTTE: Ms. Sivahimi Subramaniyam, Ms. Renuga Sanmugaraja, Ms.=20
Mathimalar Balasingam, Ms. Sridevy Sinnathampi, Ms. Vasanthapireminy=20
Samasundaram.
* GOSL: Dr. Kumari Jayawardena, Dr. Deepika Udagama, Ms.=20
Kumuduni Samuel, Ms. Faizoon Zakariya, Dr. Fazeela Riyas.

The parties agreed that a Muslim delegation will be invited to the=20
peace talks at an appropriate time for deliberations on relevant=20
substantive political issues.

The parties confirmed that subsequent sessions of peace talks will=20
take place on 7 - 10 February and 18 - 21 March 2003. The parties=20
also agreed that additional sessions will be held on 29 April - 2=20
May, as well as at an appropriate time in June to be determined once=20
dates for the International Donor Conference in Japan are established.

______

#2.

South Asia Citizens Web
http://www.mnet.fr/aiindex/2002/Nepal2003.html

An Open Letter to the Secular and Democratic Individuals,=20
institutions and parties

Why Oh, why do we not cite the example of Nepal while opposing=20
Hindutva chauvinism?

This question has always bothered me. Of course, Nepal is the only=20
Hindu Rashtra in the world.A fact which hardly needs repetition. Nor=20
is it necessary to elucidate further that a Hindu Rashtra is where=20
the administration is based on the Hindu system. I had an occasion to=20
visit Nepal in the aftermath of the demolition of the Babri Masjid=20
and see for myself at close quarter the Hindutva juggernaut in=20
action.Really speaking it was then that the real impact of the=20
implications of a Hindu Rashtra fell on me. I had then brought out a=20
brochure dealing with the matter, 'The Tragedy of being a Hindu=20
Rashtra'.

I also ran from political party to party, social organisation to=20
organisation and activist to activist trying to convince them that=20
the implications of a Hindu Rashtra should be brought to the=20
attention of the people quoting the concrete instance of=20
Nepal.However,both the big parties and the small activists refused to=20
fall in line. The specious excuse was that we have special diplomatic=20
besides historical and cultural relations with Nepal. Would it not be=20
tantamount to interfere in its internal affairs?

As if we have always walked on the thin and narrow line!

We have fallen on ourselves in deprecating religious fundamentalism=20
in countries under the influence of Islamic or other religions.The=20
parties opposed to left politics frequently target the breach of=20
human rights in China. Our voice was the shrillest when denouncing=20
racism in South Africa.

None of these regions are part of India. So we took umbrage under the=20
specious excuse that this action was for the safeguarding of human=20
values and civil liberties.When USA attacked Taliban-ruled=20
Afghanistan we tried to secure public acquience by chilvalrous=20
reference to the plight of the damsels in distress there.

It is not that voices have never been raised here against the=20
autocratic rule in Nepal.Both the political parties and social=20
orgnisations here have not only justified but supported the democracy=20
movement in Nepal against autocratic rule. But when the question of=20
exposing the Hindutva there arises we suddenly remember our delicate=20
diplomatic ties? On the other hand the Hindu chauvinists in India=20
shower encomiums on Nepal as the singular Hindu Rashtra in the world.=20
If somebody attempts to raise the autocracy of the royal rule there=20
he is branded as anti-Hindu.

The roots of religion indeed lie very deep. All these parties and=20
organisations must have been driven by this deep down force within=20
and therefore, their reactions are not surprising. It is hardly=20
necessary to tell here how embarrassing the Hindutva enthusiasts must=20
be finding to keep away the truth of Hidutva in action in our=20
neighbourhood !

In fact, the very emergence and development of the Hindutva forces=20
over half-a-century of secular administration is ample proof of the=20
unfortunate fact that the arbiter of secularism and parties=20
collaborating with them have not been able to make secularism their=20
culture. There are a number of instances where it could be seen that=20
in many of their decisions, actions and transactions the secular=20
administrators have, knowingly or unknowingly been helping the=20
communal forces.Today many communal organisations are able to quote=20
some comments or personal opinions of some respected leader as=20
testimonials in their support.

At this stage I only want to suggest that if we are really opposed to=20
any type of theocratic state and if we have chosen to confront any=20
country or nation based on religion it is incumbent upon us to expose=20
the social reality of countries run on Hindutva lines as also under=20
Islamic fundamentalism.

What is the reality in Nepal?

1. Being a Hindu Rashtra the autocratic rules still persists.

2.Nepal stands at the top of all poor nations in the world.

3. In order to preserve its Hindu character conversion to any other=20
religion is prohibited.

4. In view of this ban on coversions 90 percent of the population is=20
stated to be Hindu.

5. Being a Hindu Rashtra all royal claims are are legal.(The Hindu=20
king can do no wrong.)

6.Varna Vyakvastha is socially absolute.

7.The status of dalits and backward communities is the same as it was=20
in India 100-125 years ago and whose remnants are seen even today.

8.Hindu Rashtra has become the single biggest supplier of its=20
citizens.The system,as if, trains young workers and soldiers for=20
other countries.Statistics of persons leaving this 'Ram Rajya' on=20
account of poverty and migrating to other countries in search of=20
jobs can be seen.

9.This is the only country in this wide world where from thousands=20
of women migrate to neighbouring countries for prostitution.All these=20
are Hindu women.It is quite possible that a major portion of them=20
would be coming from dalit, adivasi background. And lastly the=20
richest people in this Hindu Rashtra are the royalty, priestly class=20
or outsiders living here.

This is not the entire truth. Those who consider that Hinduism is=20
most liberal can see the real nature of this 'liberal character'=20
here. This is a system which encompasses many conflicts and=20
contradictions within itself and yet manages to retain its original=20
form.

I feel that a determined drive to expose the Hindu system for what it=20
is at present may pay richer dividends in our fight against=20
communalism than sorting out rags of history. This is a concrete=20
truth which everybody can touch and feel.

The hitch in the development of a Secular society need joint=20
efforts. I am there with you all.and always.

Yours

Anil Chamaria
c251, Rohini, Sector 19, Delhi 110085
011-27853886/ email: <sab_chamaria@r...>

_____

#3.

Guardian Unlimited
New Delhi dispatch
http://www.guardian.co.uk/elsewhere/journalist/story/0,7792,873850,00.html

The forgotten war

The rebels of Nagaland have struck a historic peace deal with India,=20
ending a 50-year struggle the world has ignored, writes Luke Harding

Monday January 13, 2003

It is Asia's last great forgotten insurgency. For more than half a=20
century, the Nagas who live in north-east India and Burma have been=20
waging their own lonely struggle for an independent state.

In the jungles and hills of Nagaland, and in remote green valleys=20
dotted with traditional stone villages, groups of Naga rebels have=20
fought an on-off guerrilla war against India.

It has been a doomed campaign. The Naga people were forcibly absorbed=20
into India in 1947, when the British - who had fought their own=20
colonial battles with the head-hunting Naga tribes - pulled out. They=20
have been unhappy with their lot ever since.

Fighting with Indian troops first broke out in 1954. In the long,=20
obscure and costly guerrilla campaign that followed, more than=20
200,000 Nagas have been killed, rebels say.

The world has not really noticed, nor has it cared much. But over the=20
weekend Naga rebel leaders held peace talks in Delhi with India's=20
prime minister Atal Bihari Vajpayee.

Emerging from the negotiations, the first on Indian soil for 37=20
years, the Naga leader Thuingaleng Muivah, declared: "The war is=20
over. We praise the government of India.

"There is a much better understanding on their part," Mr Muivah added.

There is no doubt that the talks, and the ensuing conciliatory=20
rhetoric, mark an historic turning point in relations between the=20
Naga leadership and the Indian state. But several questions remain=20
unanswered: not least whether a greater Nagaland is now on the cards.

There are some three and a half million Nagas. But they don't all=20
live in Nagaland, the narrow strip of mountain territory next to the=20
border with Burma. Instead, large numbers of Nagas are settled in the=20
neighbouring states of Manipur, Arunachel Pradesh and Assam. They=20
also live in eastern Burma's Kachin and Sagaing districts, where they=20
are a downtrodden and persecuted minority.

But it is from Manipur that the fiercest opposition to the idea of a=20
greater Nagland has come, with widespread riots and strikes last=20
week. The state does not want any of its territory lopped off.

"There would be more turmoil than peace in the region if Delhi tries=20
to appease the council by agreeing to a Greater Nagaland," Manipur's=20
chief minister, Okram Ibobi Singh, warned.

A lasting political solution to the Naga problem faces other=20
obstacles too. The dominant separatist Naga faction, the National=20
Socialist Council of Nagaland (NSCM), led by Mr Muivah and Isak=20
Chishi Swu, has clearly given up on armed struggle. But other Naga=20
militant groups remain opposed to any peace deal with Delhi, and the=20
movement is horribly split.

Across the north-east, meanwhile, many other different ethnic=20
insurgencies continue to rage. India's influential Hindu newspaper=20
today welcomed the Naga peace process, but warned that the prospect=20
of a greater Nagaland could provoke even more turmoil.

The real test comes in February, when elections in Nagaland are due=20
to be held. The NSCM has traditionally boycotted the polls, but last=20
week said for the first time it supported the election.

In the meantime, tourists are now welcome to visit Nagaland. For most=20
of the past half century, the remote region with its dense but=20
virtually bird-less jungles (the birds have all been eaten) has been=20
forbidden to foreigners.

Now, though, visitors can go and inspect the tranquil second world=20
war cemetery in Kohima, where the Japanese invasion of India was=20
halted - at huge human cost - in April 1944. The British discovered=20
that the Nagas were invaluable allies who fought ferociously against=20
the Japanese. Since then, though, the Nagas feel they have been=20
betrayed and forgotten by the former colonial power. They have been.

______

#4.

APPEAL FOR A COMMON MARCH 8 PROGRAMME
Dear Friends,
In response to a few suggestions that had come up regarding having a=20
common Mar 8 programme re. Gujarat, some of us got together at the=20
ASF meet in Hyderabad to discuss the feasibility/desirability of such=20
a programme. We are circulating the key issues discussed at the=20
meeting so that you could also think of such a programme in your area=20
and start the process of discussions with other groups in your=20
regions.
Background:
Gujarat has hit the headlines this last year for all the wrong=20
reasons. Given the gravity of the sexual assault on women and the=20
implications of the BJP win the elections some women's groups felt=20
that Mar 8, 2003 should culminate in a large gathering of women's=20
groups from all over the country in Ahmedabad. The focus of this=20
programme should be violence against women, committed by both State=20
and non-state actors, and the implications of the collapse of all=20
democratic institutions for women.
In response to this suggestion, some people also felt that prolonged=20
conflict in the North East and Kashmir has made targets of women, who=20
have suffered large scale damage in terms of threat to their lives,=20
persons and family members. The intensity of the conflict has had=20
long ranging impacts on women. Women's groups should respond equally=20
to the implications of conflict in these areas too. Therefore, it=20
was suggested that instead of focussing only on Gujarat, we should=20
try and link up women's groups across the country by highlighting all=20
three regions and, others too if necessary.
This would have to be a common programme, based on a common press=20
release/pamphlet and logo all over the country.=20
THE MEETING IN HYDERABAD
We met at Hyderabad on the evening of 5th Jan to discuss the=20
possibility of working out a common Mar 8 programme all over the=20
country keeping this in mind. The meeting was attended by at least=20
30 women/women's groups from the North East, Kashmir, Gujarat, Delhi,=20
West Bengal, Mumbai, Andhra Pradesh, Bangalore, Pune and so on.=20
The meeting discussed the need to have a more generic programme=20
vis-=E0-vis women in conflict situations, rather than focussing only on=20
Gujarat. Some participants felt that Gujarat needed to be in focus=20
as it represents a different set of implications in comparison to the=20
North East or Kashmir. On the other hand, the participants from the=20
North East (in addition to others), felt that it was high time=20
women's groups responded in one voice to the prolonged conflict in=20
these areas.
One of the ways this common programme could also be organised would=20
be to send a representative group of women from across various=20
regions to all three areas. For example, women from the East could=20
go to the North East, similarly women from the North could go to=20
Kashmir, those from the Western region could go to Gujarat. This=20
would be in addition to other local programmes which would be held in=20
other areas, highlighting the same issues. (It would be difficult=20
for women's groups from the South to go to all three areas, in terms=20
of logistics). Besides, it was important to have groups all over the=20
country focussing on the same issues in their respective regions.=20
This also has immense political significance apart from expressing=20
solidarity with local struggles.
It was also felt that Mar 8 programmes are planned well in advance=20
and groups usually focus on a whole range of issues. We cannot=20
disrupt such programmes. All we can do is that if groups agree we=20
can have this common programme in addition to all the other=20
programmes already planned.=20
Given the fact that Mar 8 is round the corner, the amount of=20
co-ordination involved in such an effort is bound to be enormous.=20
Therefore we decided on a division of labour based on regional=20
co-ordination (in terms of informing regional groups: respective=20
groups present at the meeting took the responsibility to do this.=20
For example, the North East Network said it would take the=20
responsibility to inform other groups in the areas and so on) and in=20
terms of preparing a note for the programme.=20
In addition, if groups from different regions feel that they would=20
want to go to Kashmir, Gujarat or North East, they would have to=20
inform groups in these areas. For this we would need some initial=20
co-ordination.
It was also felt that we could inform women's groups in other South=20
Asian countries about this programme and find out if they think it=20
would be worthwhile to have such a programme all over South Asia.
Akshara, Mumbai and Asmita Hyderabad have accordingly taken the=20
responsibility of co-ordinating this work to begin with. A core=20
group was formed to take the work forward. The core group consists=20
of: Kalyani Menon-Sen, Jagori, Delhi, Sayeeda Hamid, Qurrat for=20
Kashmir, Meghna and Srikala of the North East Network, Volga from=20
Asmita, Nandita Gandhi of Akshara, Nirmala of Alochana, Pune,=20
Vimochana, Bangalore.=20=20=20=20=20=20=20
All further correspondence to be addressed to: aksharacentre@v...=20
and kalpana@h...
In solidarity,
Bina Srinivasan

______

#5.

The Statesman
January 13,2003=20

India has run through all options, except that of classical=20
secularism - the separation of religion from state PSEUDO-SECULARISM=20
AND ALL THAT
By SWAGATO GANGULY

Pseudo-secularism, Hindutva served up in hard and soft flavours,=20
pseudo-Hindutva, and now Dravidatva. While the masters of political=20
spin will continue to concoct their particular witches' brews, the=20
only option that hasn't received consideration in independent India=20
is, strangely enough, the perspective of classical secularism - the=20
severance of governance from religion.
Take the accusation LK Advani recently flung at Jawaharlal Nehru,=20
claiming that the latter promoted secularism as an irreligious=20
concept. Advani muddies the waters by claiming that he upholds "real"=20
secularism which is the same as "real" Hindutva. Roughly around the=20
same time, the VHP damned Advani's Hindutva as pseudo-Hindutva. Is=20
there any way out of this confusing hall of mirrors?
In reality, secularism is not an irreligious concept, neither is it a=20
religious concept. It simply considers government heads, bureaucrats=20
and ministers not to make the best theologians; neither can their=20
functions be supplanted by theologians, as is the case in, for=20
example, Iran. Secularism follows the ancient injunction about=20
rendering unto God the things that are God's, and unto Caesar (or his=20
democratic equivalent) the temporal matters that are Caesar's. In=20
India political parties across the board tend to ignore this=20
eminently sensible injunction. They believe, instead, that the best=20
way into an Indian's heart is through his religion.
Did Jawaharlal Nehru, like Chairman Mao, promote official atheism, as=20
Advani's allegation appears to make out? There is not a shred of=20
evidence of this, nor does Advani offer any. Did Nehru stand for the=20
separation of religion and state? Even if he privately favoured such=20
a separation, he failed to put it into effect in terms of the public=20
arrangements that ordered the post-independence state.
Take three examples. The Congress adopted, in Nehru's time, the=20
highly emotive Hindu symbol of a cow suckling a calf, an early=20
version of soft Hindutva. An article was inserted into the Indian=20
constitution which stated that the government must aim to prevent=20
slaughter of cows and calves (article 48), though not, of course, of=20
goats, pigs or other mammals. And laws regulating marriage and=20
inheritance were made to devolve on one's religious affiliation,=20
which goes against the thrust of the secular rights guaranteed by=20
articles 14 and 15 - equality before the law and prohibition of=20
discrimination on grounds of religion, race, sex, caste and place of=20
birth.
The confusion continues in Congress's latest deliberations on the=20
Hindutva issue. Sonia Gandhi described the Congress as a secular=20
party at the working committee meeting early this month, yet it was=20
thought best to downplay the issue. More positively, it was decided=20
that a new definition of secularism was needed. But the CWC's=20
resolution doesn't offer much hope: "secularism is the battle to=20
rescue India's religious traditions, teachings and practices from the=20
forces of bigotry and hate". No severance of church and state on the=20
horizon here - instead there is the same old hokey in a similar=20
bottle. Congress is taking on the quixotic role of playing reformer=20
to all of India's religions - a daunting task for any political=20
party. No prizes for guessing whether it will succeed.
A red herring in the secularism debate is facile answers to the=20
intricate chicken-and-egg question of which came first, Hindu or=20
Muslim fundamentalism. If saffronites are convinced that the chicken=20
came before the egg, leftist parties and the pink intellectual=20
brigade have definitively determined that the primary chicken hatched=20
from the primal egg. The secular position ought to be that both feed=20
off each other, and there is not a lot to choose between them.
When veteran writer-journalist Dom Moraes told The Statesman, for=20
example, that there have been no atrocities by Muslims against Hindus=20
in the past 50 years, only atrocities by Hindus against Muslims=20
(Literary Supplement, 5 January), he had on pink glasses,=20
figuratively speaking. The glasses filtered from his vision such=20
incidents as Godhra, Akshardham, frequent attacks on Amarnath=20
pilgrims, the purging of Hindu Pandits from Kashmir. A recent book=20
co-written by Moraes, Out of God's Oven: Travels in a Fractured Land,=20
dramatises this view. According to Moraes, his father (Frank Moraes,=20
a celebrated journalist) was part of a "circle of brilliant friends"=20
that included Nehru. With the fading of this smart set the country=20
appears in terminal decline - the book belongs properly to the genre=20
of doomsday literature. It is moving in parts, and entirely credible=20
when it demolishes the myth of Gujarat's "spontaneous" riots.=20
However, it sets for itself larger ambitions, seeking to represent=20
the current state of Indian society and politics as a whole. To this=20
end, however, Moraes assembles a fairly limited cast of characters -=20
usually Hindu fanatics, Muslim victims, and Westernised artistic/ NGO=20
types who abhor the former. Tailormade to prove Moraes's point, one=20
might suspect, even though the odd policeman, Naxalite or dacoit is=20
thrown in for exotic effect.
The many shades of post-Nehruvian pink are also demonstrated by=20
writer-journalist Pankaj Mishra, who in recent times appears to have=20
acquired the position of interpreter of South Asian affairs for the=20
prestigious New York Review of Books. In response to the massacre of=20
36 Sikhs at Chitisinghpura in Kashmir, Mishra wrote a mammoth=20
three-part article for the New York magazine. The essay spun nebulous=20
conspiracy theories and came to the bizarre conclusion that "the=20
massacre in Chitisinghpura was organized by Indian intelligence=20
agencies in order to influence Clinton", who happened to be in India=20
at the time. If a pro-Pakistan guerrilla is shot, and the expected=20
mourners don't turn up, Mishra is confident that either "weariness"=20
or "fear of being fired upon by the Indian police or army" has kept=20
them at home. An alternate explanation - that Kashmiris may not=20
actually want to mourn the guerrilla's passing - doesn't occur to him=20
at any point. Yet a poll by the independent London-based MORI=20
international agency showed 61 per cent of Kashmiris to be in favour=20
of retaining Indian citizenship, while only 6 per cent want to change=20
to Pakistani citizenship.
It is doubtful whether Hindu communal bias can be tackled by means of=20
a reverse tendentiousness; the two are more likely to reinforce one=20
another. A reverse political bias exists in West Bengal where the=20
ruling Left Front spends Rs 115 crore annually on madrasas, but would=20
be horrified if asked to spend the same amount on, say, schools=20
teaching Sanskrit. That example can be extended for the purpose of a=20
parable which would illustrate the various positions in the=20
secularism debate.
Give the saffron camp the same amount of money to spend on education,=20
and they would teach invented histories about Hindu glory, Muslim/=20
Christian turpitude, crumbling temples and Satanic foreigners.=20
Pseudo-secularists would disburse the money to madrasas, but to=20
compensate the bias they would spend another Rs 115 crore on schools=20
offering ancient Sanskrit and vedic mathematics. Secularists, though,=20
would spend all the money, Rs 230 crore, on imparting literacy skills=20
and a non-sectarian education to all comers.
The last option would begin to crack India's two worst problems -=20
communalism and chronic poverty. The rest is voodoo.

_____

#6.

The HindustanTimes
Tuesday, January 14, 2003=20=20
=09=20
Blind to ordinary deaths
by Swami Agnivesh/Valson Thampu

More and more people continue to succumb to the cold wave. Living=20
human beings are freezing into lifeless statistics. The count till=20
yesterday was 370.

It is anybody's guess what the toll will be by the time the season=20
ends. But who cares? Given the victims - the poor who survive=20
precariously at the best of times - why should anyone care? If not by=20
cold today, they will die tomorrow by heat or hunger. Barring a few=20
exceptions, the victims of communal riots, too, belong to the same=20
socio-economic bracket. It is citizens from the same segment, more or=20
less, who lay down their lives to defend the country.

It is time we reckoned the politics of death. For us today, only=20
deaths due to cross-border terrorism matter. We are callously=20
apathetic to deaths resulting from State apathy that outnumber by far=20
the victims of terrorism. Surely, not a single Indian life should be=20
lost to terrorists; and terrorism must be not only 'crushed' but also=20
rooted out.

At the root of the culture of terrorism is the tacit assumption that=20
human life is a commodity to be played with in a political game. Such=20
an assumption is bad enough in politics. It is utterly repugnant in=20
religion.

There can be absolutely no religious justification for terrorism of=20
any kind. The concept of jehad is irreligious nonsense. The basic=20
spiritual insight is that human life - not some ideology or religious=20
establishment - is the ultimate value. It must not only be defended=20
but also cherished, enriched and celebrated at all costs. Terrorism=20
is, hence, an outright insult to the essence of religion; and it=20
needs to be eradicated.

But, does right to life entitle citizens to protection only from=20
terrorists? Is death by terrorism worse than slow and prolonged death=20
due to starvation or cold? The moral high ground to fight terrorism=20
must be derived from an uncompromising commitment to protect life=20
from every threat that imperils it. A culture of mindless and=20
murderous aggression, that sacrifices citizens for political ends,=20
does not mix well with postures of indignation against terrorism.

That is not all. Deaths due to cold or starvation should be deemed a=20
darker blot on the State than the toll of terrorism. They are=20
predictable and preventable. We know who are the enemies and where=20
the victims are. We have the resources required to avert these=20
tragedies. But nothing is done and the toll continues to rise.

That leaves us with only one inference: we have no intrinsic value=20
for human life unless it is embellished by caste or class labels.=20
That is why five Dalits in Jhajjar can be brutally ill treated and=20
lynched, allegedly for refusing to bribe policemen, and this=20
barbarity can be dressed up in communal costumes.

The same message is writ large over the fate of Bapi Sen, the=20
37-year-old Kolkata policeman beaten to death by his own colleagues=20
for doing his duty on New Year's eve. For the same reason, locks=20
remain intact on godowns even as people starve and die, and experts=20
busy themselves debating whether they died of famine or malnutrition.

We have just had a housewife convicted under POTA for not reporting=20
on her husband's involvement in the conspiracy that presumably led to=20
the December 13 attack on Parliament. She has been sent to jail for=20
omission, not for commission. She did not do, in other words, what=20
she should have done. Shall we, then, extrapolate to the State the=20
self-same principle? Surely, it is a sound moral principle that you=20
are judged and condemned by your own norms? Shall we say, then, that=20
deaths due to exposure and starvation amount to economic terrorism,=20
State terrorism by default?

The devaluation of the life of the poor is the single most blatant=20
blot on Indian democracy. The equal worth of all citizens -=20
'one-person-one-vote' - is the basic creed of democracy. It is not=20
only during election times that this principle should be remembered.=20
It needs to be activated as the main principle of our democratic=20
life. If not, Indian democracy could degenerate into de facto=20
oligarchy sooner than we imagine.

As a nation, we are losing our capacity for righteous indignation=20
which is a clear pointer to the erosion of our sense of justice and=20
compassion. At the same time, every trick in the trade is being=20
employed to whip up jingoistic sentiments. Deshbhakti is being=20
defined narrowly as intolerance towards dissent and differences. Why=20
doesn't love for India include intolerance, we wonder, towards=20
corruption, poverty, illiteracy, organised barbarity and other signs=20
of backwardness? Why should hate, and not compassion or harmony, be a=20
more authentic expression of religiosity today?

This may seem to go well for a while; but it is sure to corrode the=20
very foundation of our collective life. By patronising communal=20
politics and overlooking callous governance, we encourage and reward=20
misrule. That way we wield a double-edged sword, the other edge of=20
which is reserved for those who flourish it today.

The poisoned chalice, as Shakespeare says, will return to plague its=20
inventor. Enunciating and propagating a culture of compassion and=20
fellow feeling that transcends all barriers and religious labels is a=20
democratic and spiritual duty. With every Indian citizen who succumbs=20
to cold and hunger, light fades out on the soul of India; and no=20
amount of communal bombast can hide this national bankruptcy.

______

#7.

The Times of India
JANUARY 14, 2003
Leader Article

Abuse of Power: Punish Those Who Jail Innocents
by Siddharth Varadarajan

The next time home minister L K Advani tells us he cares about the=20
rule of law, I have two words for him: Iftikhar Gilani.

For seven months, this well-respected journalist, the Delhi bureau=20
chief of the Jammu-based daily Kashmir Times, was held in Tihar jail=20
without bail under the obsolete Official Secrets Act (OSA). His crime=20
possessing information on Indian troop deployments in Kashmir culled=20
from a pamphlet published by an institute in Pakistan.

For at least six-and-a-half of the months Iftikhar grew thin at=20
Tihar, the Vajpayee government knew full well that he was innocent.=20
Yet, the men in charge of 'national security' in this country chose=20
deliberately to keep him behind bars.

Iftikhar was finally released on Monday after the case fabricated by=20
the ministry of home affairs (MHA), Delhi police and Intelligence=20
Bureau collapsed under the weight of its own inconsistencies and=20
contradictions. He is today a free man but the issues that his arrest=20
and incarceration have raised should concern us all. More than=20
anything else, his case demonstrates the legal and administrative=20
power of the government's 'national security' apparatus to frame an=20
innocent citizen. The OSA is bad enough, but if one considers that=20
the same system which framed Iftikhar under it also has laws like=20
the Prevention of Terrorism Act at its disposal, the possibilities=20
for misuse seem almost limitless.

Even if the information downloaded from Iftikhar's computer on June 9=20
looked suspicious to the Delhi police, a quick comparison with a=20
pamphlet published by the Institute of Strategic Studies, Islamabad,=20
would have set the record straight. The pamphlet was forwarded by the=20
police to Military Intelligence (MI) on June 12. Inexplicably,=20
however, MI rendered its opinion based only on the computer file and=20
concluded on June 14 that the information was "directly useful to our=20
adversary".

It then took MI six whole months to deliver a revised opinion based=20
on correlating the computer file with the Pakistani pamphlet. On=20
December 12, it finally concluded that the information recovered from=20
Iftikhar could not be considered an 'official secret' in any way. MI=20
couldn't have ruled otherwise without being laughed out of court:=20
When the information in question had been compiled by Pakistan in the=20
first place, how could Iftikhar be accused of aiding "our adversary"=20
by possessing a copy of the same?

Not to be deterred from their 'nationalist' duty by an inconvenient=20
opinion from the military, the home ministry consulted the law=20
ministry. And at a high-level meeting chaired by as senior an=20
official as special secretary (Jammu & Kashmir affairs) A K Bhandari=20
on December 26, the decision was taken to dismiss MI's opinion as=20
"irrelevant". Even though the information was compiled by Pakistan,=20
the home ministry felt the same was "prejudicial to the safety and=20
security of the country" and that Iftikhar had to be prosecuted. On=20
January 7, this was indeed the stand the MHA took in court.

Puzzled by the MHA's stand, I spoke with a very senior official in=20
the ministry later that day. "You people say Gilani had a published=20
document", he said, justifying the case. "But you forget it has been=20
published in Pakistan". But the Institute for Defence Studies and=20
Analyses library also has a copy of this document, I said. "Are you=20
sure?", he replied. The Kafkaesque conversation ended with the=20
official promising to disclose yet more details about Iftikhar's=20
treasonable document collection at a subsequent date.

Before that date, however, the home ministry developed cold feet.=20
Faced with the prospect of a showdown in court between the MHA and=20
MI, someone somewhere decided discretion was the better part of=20
valour. Without so much as a word of explanation or apology, the case=20
was quietly withdrawn "for administrative reasons and in the public=20
interest".

Where does this leave Iftikhar and other victims of the abuse of=20
official power? The government should compensate him handsomely for=20
the suffering he has endured these past seven months and ensure that=20
his press accreditation facilities are restored immediately.

Secondly, the officials who framed him should first be suspended for=20
sheer incompetence. With people like this at the helm of national=20
security, is it surprising that terrorists are always getting the=20
upper hand?

Finally, individual responsibility must be fixed and the responsible=20
officials prosecuted under the relevant provisions of the Indian=20
Penal Code barring malicious legal proceedings. What the MHA did to=20
Iftikhar smacks of maliciousness from start to finish. It is=20
especially criminal that he had to spend a whole month in jail after=20
MI rendered its revised opinion to the government. A month or two in=20
Tihar or even longer might make law enforcement officials think=20
twice before settling on another victim.

It is possible, given the size of the MHA and the additional burden=20
of the deputy prime ministership, that Mr Advani was not fully aware=20
of Iftikhar's plight and the absurd decisions being cooked up under=20
his own nose. But as an innocent man incarcerated during the=20
Emergency and indeed one who spun out a whole book on it he owes it=20
to us to punish all those in his ministry responsible for the=20
persecution of another innocent.

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

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