[sacw] SACW | 27 March 03

Harsh Kapoor aiindex@mnet.fr
Thu, 27 Mar 2003 04:04:47 +0100


South Asia Citizens Wire  |  27 March,  2003

#1. Nepal's war babies (Durga Pokhrel)
#2. Nepal: From Battle of Arms to Battle of Ideas (Gautam Navlakha)
#3. The contemporary relevance of Bhagat Singh (M V Ramana)
#4. Press Statement from organizations of survivors of the December '84
Union Carbide disaster in Bhopal
#5. India: Cows, Citizens and The State - A Central ban on cow 
slaughter would be caving in to fundamentalism  (Pratap Bhanu Mehta)
#6.  Condemn killings of innocent people in Kashmir - Press Release 
(Pakistan India Peoples' Forum for Peace & Democracy [India Chapter])
#7. Massacre of Kashmiri Pandits  (Statement  by concerned Indian citizens)
#8. A Public Statement re Massacre in Kashmir (South Asian Network 
for Secularism and Democracy and International South Asia Forum)
#9.  India: Rage against the dying of the light  (Syeda Saiyidain Hameed)
#10. India: Time to accelerate the peace process in Kashmir (Kuldip Nayar)

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

#1.

Nepali Times, 21-27 March 2003

Nepal's war babies
Love in the time of war: legacy of seven years of conflict.
Durga Pokhrel

Sita is a pretty 25-year-old woman with lovely honey-hazel eyes. Her 
husband is a police guard at a jail in western Nepal who left her to 
elope with a Maoist prisoner. Sita came to the National Commission 
for Women last week with her two children to seek help. "Once they 
have children, he will abandon her just like he left me," says Sita.

During the last seven years, we have heard harrowing tales of people 
killed and orphaned by the insurgency. But not much about babies born 
from relationships between security forces, Maoists and local women.
After a recent tour of the midwest, it is clear that Nepal's problem 
of war babies is similar to the Amerasian children left behind in 
Vietnam.

In Bardia alone at least 300 security forces personnel have eloped in 
"gandharbha bibaha" with local girls. The young women don't seem to 
want to know whether the men are already married, nor do our sipais 
reveal their existing marital status. The lucky ones are picked up by 
unmarried soldiers. But, even then, the problem with this kind of 
marriage is that they can neither register with the local 
authorities-which in most cases are non-existent or 
non-functional-nor can they have a traditional marriage.

Then, there's always the sudden surprise when the girls wake up one 
morning to find that their secret lovers have been transferred during 
the night sans consorte. Some of the women are pregnant when left 
behind, and have no idea where their husbands have gone. Uma in 
Dadeldhura married a member of the Armed Police Force, but he left 
suddenly one day. "I don't know where he has been transferred to," 
Uma says, "all I know is that he had a police cut, was sturdy and 
muscular and the dates he was posted here." She has his name, at 
least the name he told her, and there is no other identity she can 
use to chase him through the police bureaucracy. Surprisingly, it was 
Uma's mother who encouraged her to date the paramilitary officer.

Uma's mother says, "Poor policeman, nobody of his here, chhori was 
kind to him." Mother even vacated the house to facilitate things. And 
for Uma, one thing just led to another.

Many women of various ages in towns across western Nepal express 
sympathy for men in uniform. They did not care who they were, it was 
almost as if they fell in love with the camouflage fatigues. In 
Rolpa, a woman shopkeeper says she believes that in times of crisis 
it is her duty to support the soldiers. "We have to be friendly and 
loving to men in uniform to boost their morale," she says. If the 
women are willing, it seems natural that the men-lonely, afraid and 
homesick-fall for their affection.

However, there are many cases of abandoned and pregnant women, and 
mothers left behind with their babies. It's the same old story: as 
long as the girl doesn't get pregnant, the relationship seems secure 
and romantic.
Even if abandoned, the woman has the hope that her soldier will 
return. But if she is pregnant or already has her baby, and the 
"husband" is nowhere to be seen, she faces stigmatisation and becomes 
a pariah in the village.

There is no official count of how many abandoned women and babies 
there are throughout our war zones, but on a brief recent visit we 
estimated hundreds in each district. Women there want this issue to 
be included in the agenda for the peace process. It is clear that 
even if the combatants on both sides could not control the sexuality 
of their personnel, they have to own up to the fact and take 
responsibility for looking after the women and children.

Sources have told us there are several senior police officers who 
have married second or third wives while posted in the districts. 
Affected wives have approached the National Commission for Women to 
prepare stricter legislation so women will think twice before 
marrying an already-married officer.

Some Maoist sources have also approached the commission to 
investigate cases of alleged rape and pregnancies of women prisoners 
while in army or police custody. After an investigation, the 
commission found no cases of rape-related pregnancy, but human rights 
activists say that Maoist women who have been raped or made pregnant 
had not been imprisoned. In one tarai and one hill district, two 
Maoist girls revealed to us that they had been raped by their own 
comrades.

In Kailali, Devi had been brutally and repeatedly raped while in 
military custody and then disappeared. Devi's parents think she is 
dead. These cases need to be investigated, perpetrators identified 
and punished. Otherwise, there is a great danger we will have yet 
another set of war victims: brutalised women, heart-broken girls with 
fatherless children. This will be another category of Nepali women 
needing psychological and legal counselling and welfare support.

(Dr Durga Pokhrel is the chairperson of the National Commission for 
Women who recently returned from a tour of the western districts. The 
names of women have been changed to protect their identity.)

_____

#2.

The Economic and Political Weekly
March 15, 2003
Commentary

Nepal: From Battle of Arms to Battle of Ideas

The ceasefire has been welcomed by the people and the Maoists' 
sincerity is demonstrated by the fact of the large-scale 
mobilisation taking place in support of an elected constituent 
assembly. How patient all the other parties concerned will be with 
the process of dialogue is dependent on the various foreign 
influences that Nepal has always been vulnerable to, not least 
of which derives from New Delhi.

Gautam Navlakha

The ceasefire and the announcement of resumption of talks between the 
Communist Party of Nepal (Maoists) and the royalist government which 
controls the Royal Nepal Army (RNA) caught most observers unaware. A 
public debate is now on in Nepal discussing the prospects and 
consequences of constituent assembly (CA). Indeed even the political 
parties who until recently were dismissive of this demand have toned 
down their opposition to the CA. It took a civil war and the 
resultant military stalemate to drive home the point that elections 
to the CA would provide a meeting ground between the warring parties 
and as such it was a sensible proposal.

The reality of Nepal was that conditions of dual power existed there, 
with the RNA in control of district headquarters and the Maoists in 
control of the rest, in nearly half of the territory. The Royal Nepal 
Army had failed to make much headway against the People's Guerrilla 
Army despite receiving arms and training and support from 
India,US,UK, Belgium, etc. India supplied its INSAS rifles at heavy 
discount of nearly 70 per cent and trained officers and soldiers in 
various army run counter-insurgency schools. The US sent 3000 of M16 
A2 rifles and expects to send another 2000 soon. Belguim too sent a 
first batch of 500 (out of 5500) Minimi machine guns. The US also 
sent 49 US soldiers to help the RNA in its military operations 
against the Maoists.

The Maoists enjoy popular support and have grown rapidly between 
1995-2003, and their demand for a round table conference comprising 
all political parties and the king, setting up of an interim 
government, elections to the constituent assembly and for the CA to 
debate and decide on the issue of republic or constitutional 
monarchy, are eminently democratic demands. Indeed even observers 
opposed to the CPN (Maoists) admit that there is broad support for 
this demand from virtually all sections of the Nepalese society as 
well as from important sections within the main political parties. 
The fact that the two parties, NC and UML-CPN were unable to mount a 
campaign against the usurpation of power by the king had much to do 
with their nervousness about losing out to the Maoists in any contest 
for popular mandate over the issue of CA. Besides, in the last six 
decades Nepal has had five constitutions promulgated by the king. The 
last one was promulgated in 1990 when a committee set up by the king 
framed a constitution. The failure of all these further enhanced the 
demand for a democratic framing of the constitution by holding 
elections and then allowing the representatives of the people to 
debate and frame a constitution. Thus the oldest demand of the 
democracy movement in Nepal has acquired greater salience in the wake 
of the civil war.

What compelled the king to compromise with the Maoists and not the 
political parties? Simply the ground reality that Maoists with their 
armed might were a formidable force. The fact that Maoists arsenal 
came mainly from looting government armouries gave this an added 
edge. Interestingly, the Indian foreign secretary told a Paris 
audience on December 17, 2002 that, "western countries should also be 
careful about extending excessive military assistance to Nepal in 
order to avoid increase in the lethality of the internal conflict and 
leakage of arms to Maoists". As is obvious these warnings were 
ignored by US and Belgium governments (not insignificantly Belgium 
government violated its own guidelines that bar the government from 
exporting weapons to any side engaged in a civil strife). Thus 
without their participation a compromise between the king and the 
political parties would not be popular. Besides by keeping Maoists 
out of the political process and letting the war carry on would open 
the door for international machinations with unpredictable outcome. 
This was something that even ardent royalists out of a sense of 
patriotism could not dismiss. Besides more than year's military 
operations made no dent on the military might of the Maoists while 
the atrocities committed by the RNA brought them much opprobrium. The 
various steps taken by the king (the exclusive control over all 
appointments to the upper echelons of the civil (joint secretary and 
above) and military (major and above) bureaucracy and who through an 
ordinance even robbed the parliament of the authority to approve the 
budget for the royal household) had also only lent substance to the 
view that an autocratic monarchy had usurped power. Thus the Nepalese 
government's attempts to project itself as upholder of multiparty 
democracy and constitutional monarchy did not make headway. 
Conversely, the argument of political parties who had rejected 
Maoists calls for convening a new CA appeared feeble in the face of 
the reality that confirmed that the 1990 constitution left RNA 
control with the king and post-emergency the king divested elected 
representatives of power to appoint senior officials in civil and 
military bureaucracy. The most shameful aspect was the support twice 
extended to the emergency by the UML-CPN. Thus the statusquoist 
stance of the political parties (to work within the 1990 
constitution) became a reflection of their self-imposed irrelevance. 
What rescued them from this was the ceasefire which offers them an 
opportunity to rise above their penchant for shortcuts to form the 
government.

On the other hand the Maoists claim that there were national 
compulsions that brought about this ceasefire. Perhaps the fact that 
they were able to withstand the onslaught of the RNA but unable to 
protect the civilians from the attacks mounted by the RNA, played an 
important role. True even the Maoists were guilty of several crimes 
but even the Amnesty International report shows that the bulk of the 
atrocities were committed by the RNA. No rebel army can survive 
without the support of the people. The suffering of civilians would 
have cut into its support base, and made it vulnerbale to attacks by 
lethal weapons and a campaign to discredit it, even if this would 
have made the government more unpopular. Furthermore, fear of Nepal 
becoming a hotbed of international conspiracy as well as contention 
and of Nepal tumbling down an economic and social abyss was very 
real. A prolonged confrontation held out the threat of driving people 
to destitution. By seizing the opportunity offered to them the 
Maoists have improved their chances of being able to convince the 
Nepalese society that unless Nepali people themselves democratically 
resolve the matter, their country could become a zone of superpower 
machination and intrigue. It was this that became an overriding 
concern.

Even today there are no guarantees that talks will succeed. There 
remain suspicions about each other that is not entirely inexplicable. 
However, the Maoists have announced a five-member team to be headed 
by Baburam Bhattarai while the government has not taken any step to 
announce its team. There appears to be many imponderables. The apex 
court's orders to release six alleged Maoists have been flouted 
showing that there are many in the administration that are thwarting 
efforts to pave the way for dialogue. Maoists fear that dialogue may 
be an attempt for government forces to consolidate themselves (the 
arms supplies continue, military training continues and 
counter-insurgency advisors from US are now spread all over Nepal) 
and liquidate the top leadership of Maoists. Far too many busybodies 
from the arrogant US assisted by Britain to the Indian government 
which claims that Nepal is the "breeding ground of Naxalism" will 
fish in troubled waters to prevent the Maoists from emerging as the 
pre-eminent political force in Nepal or use the discredited king 
Gyanendra to play the spoilsport. It is significant that the Indian 
prime minister chose the conference of chief ministers recently to 
allege that "terrorists of Nepal and Bangladesh are now being used by 
the ISI to pursue its anti-India agenda". By characterising Maoists 
as terrorists and to accuse them of being hand in glove with the ISI 
is meant to stoke fears for exerting pressure on the royalist 
dispensation. Both the Indian and British (as proxy for US) 
governments have let it be known that multipatrty democracy and 
constitutional monarchy should be non-negotiable items. The RPP too 
echoes the proposition that even if CA is convened what should be 
beyond discussion is multi-party democracy and constitutional 
monarchy. Such pre-conditions would defeat the very idea of a 
constitutional assembly which by nature is meant to discuss every 
aspect of the state structure. And if they are convinced that this 
has popular backing they have no reason to fear the CA endorsing 
this. However, it is significant that both Nepali Congress and the 
UML-CPN have powerful sections within their fold who advocate the 
convening of CA without any pre-condition. The main political parties 
too are adopting a wait and watch approach. While they appear to 
welcome ceasefire and resumption of talks and are open to the 
proposal to convene a CA they are also raising procedural issues. For 
instance, the Koirala-led NC has said that any decision arrived at 
the round table conference must be approved by the representatives of 
the people, i e, the dissolved house has to be revived. Thus the 
see-saw battle is far from over. However, the fact that prospects of 
talks with the Maoists has been welcomed by the people testifies to 
the public mood. Whoever thinks that people's sentiments can be 
dismissed in this day and age should take note of the mass meetings 
that are being held by the Maoists all over Nepal to mobilise support 
for convening an elected CA. Politics of manipulations and armed 
suppression, in contrast, appear amoral and unscrupulous.

Unfortunately for Nepal its dependence on India is huge and the 
Indian government has always behaved as an overbearing power. For 
long India's ruling class both in government and in opposition have 
considered Nepal to be their own backyard occupying a strategic place 
vis-a-vis China. The desire to be the pre-eminent power in the region 
saw its clearest manifestation in dealing with Sikkim, Bhutan and 
Nepal, in that order. So much so that in 1985 when the Indian 
government imposed economic embargo against the landlocked country 
claiming that Nepal's purchase of small arms from China violated the 
terms of the 1950 treaty, barring the much maligned naxalites, all 
the other parties supported the Indian government's bullying ways. 
Lately, the Indian government had been engaged in an exercise to 
bring the king and the political parties, especially the Nepal 
Congress (Koirala) and UML-CPN to compromise and carry on with the 
military suppression of the Maoists. This was one reason the two 
parties despite much bluff and bluster remained passive bystanders to 
the usurpation of power by the king first through the emergency, then 
through dissolution of parliament. They were vulnerable to Indian 
'persuasion' to treat the Maoists as the main enemy and not the king 
because these parties fear losing much of their mandate to the 
Maoists. That is also the source of strength of the Maoists who are 
widely seen as becoming the biggest beneficiary if elections to a 
constituent assembly take place.

Under the present NDA government India's policy on Nepal has acquired 
an ideological dimension too; guided by fear of the Maoists of Nepal 
and Indian 'Left wing extremists' carving a corridor linking their 
movements all the way from the Dandkaranya to the Himalayas. LK 
Advani warned that the government has "an integrated combat 
programmed to get rid of the trouble once and for all". Only time 
will show the worth of such claims. The manner in which they were 
caught unawares by the developments there shows that the Indian 
national security apparatus is victim of its own rhetoric.

The tepid response of the Indian government is also understandable 
because it seals the fate of the attempts by the Indian government 
for a patch up between the king and the political parties to confront 
the Maoists. In contrast the US administration which has emerged as 
yet another actor on the scene through its assistant secretary of 
state Christina Rocca made known its concern at the failure of the 
war against the Maoists as well as claimed that given the military 
stalemate on the ground, dialogue was the only way out. It also made 
the astonishing claim that US military supplies to Nepal were meant 
to persuade 'rebels' to negotiate.

Rather than work to avoid war and avert Nepal becoming a centre for 
US machinations against India and China an ideologically blinkered 
Indian government therefore sought to help bring about a compromise 
with the political parties and simultaneously engaged in crushing 
militarily the Maoists. By backing the king, whom until June 2000, 
the Indian security apparatus accused of being in cahoots with the 
ISI, and supporting the military campaign unleashed by him, the 
Indian government had already taken sides in a civil war. Indeed much 
before anyone else declared the Maoists to be terrorists it was the 
Indian government that labelled them thus and cracked down on social 
organisations for their alleged links to the Maoists and deported 
nearly a hundred alleged Maoists to Nepal.

It restores legitimacy to the claim that movements that use force to 
fight oppression and exploitation can initiate as well as respond to 
genuine efforts to reach a democratic solution. It shows that it is 
pre-mature to claim that armed struggle is either passe or a thing of 
the past. Indeed talks between the government of India and the 
NSCN(IM) shows that any government that reaches a stage of military 
stalemate in an unequal battle knows that negotiated settlement 
becomes the only way out to break the logjam. Sure there is a 
pre-condition that unless a movement has a programme and vision of 
the future it will not enjoy popular support which alone is the basis 
of its strength. Remove that and they crumble. Therefore, unlike 
communal fascists of Lashkar and Jaish with their penchant for 
committing horrors a movement even one like Hizbul Mujahideen in J 
and K shows repeated willingness to reach negotiated resolution.


_____


#3.

The Daily Times (Lahore)
March 27, 2003
Op-ed.

The contemporary relevance of Bhagat Singh

M V Ramana

During his short life, Bhagat Singh spanned a variety of political 
positions, from Gandhian nationalism to revolutionary terrorism to 
Marxism. Though he was accused of, and is sometimes praised for, 
being a terrorist, he clarifies, "I am not a terrorist and I never 
was"
This week, 72 years ago, Bhagat Singh and two of his comrades were 
hanged by the colonial British government. Only 23 years old at the 
time of his death, Bhagat's popularity is said to have rivalled that 
of Mahatma Gandhi. Though much of the attention paid to Bhagat Singh 
has focused on his use of violence and his heroic patriotism, his 
real significance lies in his opposition to the exploitation of "the 
labour of the common people". To him it mattered "little whether 
these exploiters are purely British capitalists, or British and 
Indians in alliance, or even purely Indians." Also important was his 
opposition to communalism and the use of religion as a means of 
bondage.
Bhagat Singh was part of a substantial militant tradition within the 
independence movement. Ajit Singh, Bhagat's uncle, was a leader in 
the Ghadar party. Set up in the early 1910s by Punjabi immigrants on 
the west coast of North America, the Ghadar militants wanted to 
overthrow British rule in India by armed revolt. The Ghadar movement 
deepened the nationalist consciousness by carrying the critique of 
colonialism developed by intellectuals to the masses, both in India 
and among the immigrant community; its methods of struggle emphasised 
secularism, democracy and egalitarianism.
Bhagat Singh, like many in his generation, became involved in the 
freedom struggle through participation in the Non-Cooperation 
movement launched by the Congress in 1920. The suspension of the 
movement in 1922 following an attack on a police station in Chauri 
Chaura led to widespread disenchantment and the exploration of 
alternatives, in particular revolutionary means.
In September 1928, several of these young revolutionaries came 
together in Delhi, and formed the Hindustan Socialist Republican 
Association (HSRA). The rationale for adopting socialism as an 
official goal is in their manifesto: "socialism... alone can lead to 
the establishment of complete independence and the removal of 
all-social distinctions and privileges."
The HSRA's time for action came soon after. In April 1929, the 
British government introduced two bills to repress the labour 
movement, the Trade Disputes Bill that would effectively ban strikes, 
and the Public Safety Bill, which gave the police sweeping powers of 
preventive detention. The HSRA decided that these bills were to be 
opposed and on April 8, 1929, following the passing of the Trade 
Disputes Bill, Bhagat Singh and Batukeshwar Dutt threw two bombs in 
the Legislative Assembly. The bombs were deliberately targeted at 
empty benches so that no one would be hurt. In Bhagat's own words, 
the bomb throwing was intended to "register our protest on behalf of 
those who had no other means left to give expression to their 
heart-rending agony. Our sole purpose was 'to make the deaf hear' and 
to give the heedless a timely warning."
Over and above the protest, there was a deeper reason for the HSRA's 
resort to bomb throwing. Though the HSRA did not favour individual 
violence and was well aware of the need to politicise the masses in 
order to further the revolution, their means for doing so were 
limited and time was short. They therefore resorted to "propaganda by 
deed", in the hope that this would result in the recruitment of a 
large cadre, and to use the courts as a stage for publicly 
propagating their ideas.
Accordingly Bhagat Singh and his comrades would enter the court 
shouting Inquilab Zindabad (Long live the Revolution) and Down with 
Imperialism. When the court asked him what he meant by revolution, 
Bhagat Singh replied: "By 'Revolution' we mean that the present order 
of things, which is based on manifest injustice, must change. 
Producers or labourers, in spite of being the most necessary element 
of society, are robbed by their exploiters of the fruits of their 
labour and deprived of their elementary rights. The peasant who grows 
corn for all, starves with his family, the weaver who supplies the 
world market with textile fabrics, has not enough to cover his own 
and his children's bodies, masons, smiths and carpenters who raise 
magnificent palaces, live like pariahs in the slums. The capitalists 
and exploiters, the parasites of society, squander millions on their 
whims... A radical change, therefore, is necessary and it is the duty 
of those who realize it to reorganize society on the socialistic 
basis."
This is quite different from the way the word Inquilab is used in 
Bollywood movies where the word is used as a vague term for a crusade 
against poverty. I mention this partly because there are six films on 
the life of Bhagat Singh, including four last year and all but the 
one starring Ajay Devgan do little justice to the true politics of 
the leader.
During his short life, Bhagat Singh spanned a variety of political 
positions, from Gandhian nationalism to revolutionary terrorism to 
Marxism. Though he was accused of, and is sometimes praised for, 
being a terrorist, he clarifies, "I am not a terrorist and I never 
was, except perhaps in the beginning of my revolutionary career. And 
I am convinced that we cannot gain anything through these methods." 
Elsewhere, Bhagat Singh has clarified that as he involved himself in 
deep study of history and politics, "the romance of the violent 
methods alone which was so prominent amongst our predecessors, was 
replaced by serious ideas... Use of force justifiable when resorted 
to as a matter of terrible necessity: non-violence as policy 
indispensable for all mass movements."
It is not Bhagat Singh's use of violence, if it can be called that, 
which was of significance. Rather, as Bipan Chandra et al point out 
in their authoritative India's Struggle for Independence, Bhagat 
Singh "understood, more clearly than many of his contemporaries, the 
danger that communalism posed to the nation and the national 
movement. He often told his audience that communalism was as big an 
enemy as colonialism." Today, as we are faced with the simultaneous 
onslaught of communal politics, global capitalism and American 
imperialism, the relevance of Bhagat Singh's ideas can scarcely be 
overstated.
M V Ramana is a physicist and research staff member at Princeton 
University's Program on Science and Global Security and co-editor of 
Prisoners of the Nuclear Dream

_____

#4.

From: Sambhavna <sambavna@sancharnet.in>
Date:  Tue, 12 Jan 1999 17:07:13 +0530

Bhopal Gas Peedit Nirashrit Pension Bhogi Sangharsh Morcha
Bhopal Gas Peedit Mahila Karmchari Stationery Sangh
Bhopal Gas Peedit Mahila Udyog Sangathan
Bhopal Group for Information and Action

March 25, 2003
Press Statement

At a press conference today, organizations of survivors of the December '84
Union Carbide disaster in Bhopal announced that they will appeal the recent
dismissal of their class action suit in the USA within the next 20 days.
Leaders of three survivors' organizations and their supporters strongly
condemned the March 20th decision of Judge Keenan of the Federal District
Court in New York calling it a "glaring instance of juridical
prejudice".  They expressed hope that the Appellate Court will remedy the
"travesty of justice" caused by Judge Keenan's decision.

The class action suit seeking damages for violations of international human
rights law and environmental contamination was filed by the three
survivors' organizations and two support groups in November 1999.  Judge
Keenan first dismissed the entire case in August 2000, on grounds that the
February 1989 settlement discharged all liabilities of Union Carbide.

Plaintiffs appealed the dismissal to the U.S. Second Circuit Court of
Appeals which reversed Judge Keenan's order and acknowledged that the
damages to the health of the people caused by soil and water contamination,
as well as the claims for clean-up and medical monitoring of 20,000
affected people, were outside the scope of the 1989 settlement.  The Second
Circuit reprimanded Judge Keenan for not properly considering these
environmental claims and sent the case back to him for reconsideration of
these matters.

In his recent decision, Judge Keenan dismissed the suit for a second time
on grounds that too much time had passed between knowledge of the injury
caused by the soil and water contamination and the filing of the lawsuit in
1999.  The decision also stated that the survivors' organizations lacked
standing to bring claims on behalf of their members, and finally, concluded
that ordering clean-up and medical monitoring would be impossible to
implement in Bhopal because of its remote location from the U.S. court.

Mr. Himanshu Rajan Sharma, New York based attorney for the plaintiffs
organizations, who also addressed the press conference, criticized the
decision on several legal grounds.  According to him the decision
erroneously applied a 3-year time limitation of New York law. "In fact,
under New York law, the plaintiffs' claims for damages as a result of
environmental contamination cannot be time-barred because the injuries are
continuous or ongoing in nature" he said.  Also, according to Mr. Sharma,
because Union Carbide actively withheld its knowledge of the widespread
environmental contamination of soil and water caused by its plant in
Bhopal, the 3-year limitation does not apply.  Actually, Judge Keenan's
decision recognizes this fact, but absolves Union Carbide by suggesting
that the corporation did not make false statements to the public, but only
withheld information.

On the issue of US Court's supposed inability to enforce its judgment in a
distant place such as Bhopal, Mr. Sharma pointed out that the United States
Supreme Court has always held that a court has jurisdiction to order such
relief from any defendant that is present before it, regardless of where
the relief is implemented.  In one American case, U.S. courts ordered a
defendant corporation to clean up contaminated land in Honduras.  The
Second Circuit Court of Appeals, to which plaintiffs will appeal, has also
previously recognized the authority of U.S. courts to order defendants
Texaco Corporation to undertake clean-up in Ecuador.

Finally, Mr. Sharma added that the decision was legally unsupportable in
its conclusion that the Bhopal survivors' organizations lack standing to
bring claims on behalf of their members. In class action lawsuit, it is
well-established that organizations may function as representatives of the
broader class.

The organizations announced that they will continue to raise the critical
humanitarian issues of Bhopal both in legal fora as well as in the court of
international public opinion.


Balakrishna Namdeo Rashida BiAbdul JabbarSatinath Sarangi
PresidentPresidentConvenorMember
Gas Peedit Nirashrit Pension Bhogi Sangharsh Morcha, Bhopal Bhopal Gas
Peedit Mahila Stationery Karmachari SanghBhopal Gas Peedit Mahila Udyog
SangathanBhopal Group for Information and Action

_____

#5.

The Telegraph (Calcutta), March 27, 2003
http://www.telegraphindia.com/1030327/asp/opinion/story_1756828.asp

COWS, CITIZENS AND THE STATE
- A Central ban on cow slaughter would be caving in to fundamentalism
Pratap Bhanu Mehta
The author is professor of philosophy and of law and governance, 
Jawaharlal Nehru University

As the dynamics of politics makes it almost inevitable that the 
precedent set by some states in banning cow slaughter will gain 
momentum, this sensitive issue raises questions of the highest moral, 
political and constitutional delicacy. Although they should be of no 
consequence for the purposes of public reason, the shamelessness of 
our times obliges anyone writing on these issues to come clean on 
their personal beliefs. This author shares many of the high 
sentiments associated with the cow: I have been a vegetarian all my 
life and would probably prefer to live in a world where animal 
slaughter was not as thoughtless and ubiquitous as it currently is. 
If I were to inadvertently eat meat, I would probably, like most 
Hindus, experience more angst if I came to know I had eaten beef. I 
think enhancement of cattle wealth is a good value for society to 
hold. I can even see the logic in Gandhi's claim that revering cows 
might be a good manifestation of a commitment of reverence towards 
all life. In short: I can see why the sacredness of cows ought to be 
of value. But I don't think acknowledging its sacredness, or even the 
fact that it is associated with the sentiments of a vast majority, is 
sufficient reason for banning cow slaughter.

There are many reasons why the fact that even the majority might 
regard the cow as sacred does not give sufficient argument for the 
state to ban cow slaughter. First, we have to admit, that the banning 
of cow slaughter is a partisan religious argument. There is a lot 
more integrity to an argument that would ban all animal slaughter on 
some principled ground concerning the interests of animals. But no 
society in human history has even come close to accepting that 
proposition. If we are therefore singling the cow out for protection, 
it can be only be because treating the cow as sacred is part of 
particular religious traditions. But that fact alone should put into 
doubt the legitimacy of using state power to impose a ban.

We could admit that we are in no position to really take seriously 
the reverence for all life forms literally. But that should not be an 
argument against taking one small step in this direction by 
protecting cows. This argument is disingenuous on two counts. First, 
the claim of reverence towards all life forms is difficult to take in 
anything other than a rhetorical manner. No one, even all the pious 
Jains I know, seriously professes it. That reverence would involve 
changing the basis of civilization to an extent unimaginable.

And second, it is downright duplicitous to suggest that the choice of 
a cow as the animal to protect is motivated by a reverence for all 
life. It is, in the context of our lifestyles and other beliefs, 
nothing but an expression of a religious identity. Is it an accident 
that we are talking just about cows? We have all the rights to 
express this identity, spend as much on serving cows as we want, buy 
out every cow that is a candidate for slaughter. We have a right to 
appeal to others to voluntarily desist from cow slaughter or to 
abstain from beef. What we do not have the right to do is enforce 
this identity using the coercive power of the state.

We need to make a couple of things gracelessly clear. The fact that 
the religious sentiments of a community are at stake is not a 
sufficient argument to squelch the project of creating a free and 
equal society. If I accept a ban on cow slaughter I will have nothing 
to say to many members of the Muslim personal law board who continue 
to appeal to religious sentiments to deny many of their own 
constituents the right to equal citizenship. I will not be able to 
say anything when people demand a ban on artistic creativity in the 
name of community sentiment. I will not be able to say anything to 
those who resist freedom and equality in the name of identity, 
ideology or religion. Accepting a ban on cow slaughter is accepting 
the fact that religious sentiment is sufficient warrant to invoke 
state power. That is a frightening prospect. Whatever its function as 
a short term palliative, in the long run it will jeopardize liberty 
and justice alike.

Second, living with difference requires a reluctance to use state 
power even in the service of many values that one thinks are of the 
highest importance. For one thing, the applications of state power, 
in some instances, diminish the moral worth of the action at stake. 
It is one thing to conscientiously recognize the value of cows; it is 
another to simply think we have fulfilled our moral duties on the 
cheap by getting the state to ban cow slaughter. Given the character 
of the parties that are yelping the loudest on behalf of the ban, it 
is hard not to associate the demand for banning cow slaughter with an 
insidious moral hypocrisy. It is very unlikely that what is at stake 
in the current demands is the interests of a cow as a being, rather 
than as a symbol of identity. If we were serious about the interests 
of the cow we would probably be better off ridding this country of 
the scourge of plastic bags that kills more cows than we care to 
admit. Gandhi was right in thinking that go raksha smacks too much of 
pride; we could instead concentrate on go seva, which does not 
necessarily require the interposition of state power.

Living with difference requires a recognition that not all the things 
that we hold sacred are universally held to be such. All calls for 
state power being used on behalf of that sacred value ought to take 
cognizance of this fact. A closed society, or a fundamentalist one, 
is distinguished by just this feature: it takes religious sacredness 
to be a sufficient argument to invoke state power, independent of 
considerations of individual liberty or what it means to treat 
citizens as equal.

We ought to protect not just the rights of those who do not share our 
beliefs; if someone feels alienated enough from their own traditions 
to lapse into eating beef, they also have the right to do so. And 
frankly, given the rank brutality of so much Hindu society towards 
many of its own members it is difficult to think that what we are 
witnessing is a sudden outpouring of genuine morality. Given the 
political ascendancy of Hindutva, determined to recast this nation on 
the basis of a politics of resentment, it is also difficult to think 
that we are also witnessing an outpouring of genuine piety.

Gandhi was right in thinking "there is no service or protection of 
the cow in trying to save her by force". The invocation of state 
power does just that. If we value the cow as sacred, we ought to do 
the utmost for its welfare, mindful of one simple fact: that some 
individuals may not share our views. To call for a Central ban on cow 
slaughter is to cave in to fundamentalism. At the very least, leave 
the matter to the states. And in this point in our history, drawing 
the distinction between fundamentalism and civilization, between 
individual rights and collective narcissism, between values freely 
professed and coercively imposed is probably our most important 
political obligation. Bans, of any kind, based on religious 
sentiments negate that obligation.


_____


#6.

Pakistan India Peoples' Forum for Peace & Democracy (India Chapter)

Press Release 
25th March 2003

Condemn killings of innocent people in Kashmir

The Pakistan India Peoples' Forum for Peace and Democracy condemn the 
barbaric incident whereby alleged militant groups have killed 24 
innocent people belonging to the Kashmiri Pandit community. As per 
media reports, the dead include 11 women, 2 children and 9 male 
adults.

Triggered by religious fundamentalism, incidents like this hamper all 
attempts to bring peace back to the blood-ridden Kashmir Valley. 
Incidents like these are not only attempted at sabotaging the peace 
initiatives in Kashmir, but also are aimed at maligning the secular 
and harmonious fabric of Kashmir. We condemn all such attempts at 
terrorising the people or any section of it, by armed groups or 
individuals.

In this hour of grief, we join the families of those killed and 
injured in the incident at NADIMARG in South Kashmir. We request the 
Kashmir state government to institute a high-level enquiry into the 
incident bringing to book all those who committed this inhuman act.

We call upon all peace loving people of Kashmir and rest of India to 
refrain from any act of violence, which will further worsen the 
present turmoil existing in the state.

We strongly believe that such attempts at disrupting initiatives for 
peace will not succeed and that the people of Kashmir will not 
tolerate any violation of the right to life of all citizens.

On Behalf of PIPFPD,

Admiral Ramdas                                                   Sushil Khanna
Chairperson, India Chapter                                G. Secretary


_____


#7.

Date: Wed, 26 Mar 2003 08:24:09 +0000
From: "Gadar Heritage Foundation"

Massacre of Kashmiri Pandits

We are shocked and horrified by the news of the inhuman and 
unconscionable massacre of 24 innocent Kashmiri Pandit children, 
women and men in Pulwama district of Kashmiri Valley late last night. 
We condemn this ghastly killing of defenceless people in the 
strongest possible terms.

The cowards behind the latest outrage are unlikely to identify 
themselves. But there can be do doubt that the latest massacre is a 
desperate bid by those eager to communalise the Kashmir issue to 
sabotage any effort towards ensuring the return of the Kashmiri 
Pandits to their homes.

Our hearts go out to the survivors of the carnage in particular, and 
the Kashmiri Pandit community in general, the overwhelming majority 
of whom have been condemned to live the life of refugees in their own 
country because of Pakistan-aided terrorism in the Valley. We demand 
an urgent review of the security arrangements for Kashmiri Pandits 
throughout the Valley and immediate and adequate compensation for the 
families of those killed by the J&K government.

The J&K chief minister Mufti Mohammed Sayeed has called it "[an] 
unpardonable crime by militants to derail the peace process initiated 
in J&K by the coalition government." He has also said he has asked 
the security forces to launch a massive manhunt and bring the killers 
to the book for "these gun-wielding militants deserve no mercy."

However, we also demand a thorough investigation in the security 
lapses that turned the vulnerable Kashmiri Pandits into easy targets 
of mass murderers who pretend to be serving lofty causes.

Signatories:

Javed Anand (Co-editor, Communalism Combat, Mumbai)
Teesta Setalvad (Co-editor, Communalism Combat, Mumbai)
Javed Akhtar (Poet and Lyricist)
Shabana Azmi, (Rajya Sabha MP, social activist and actress).
Dr. Agni Shekhar (Panun Kashmir)
Askok Pandit (Panun Kashmir)
Mahesh Bhatt, Film director
Farooque Shaikh, films, theatre and TV personality
Nikhil Wagle, Editor, Apla Mahanagar
Sajid Rashid, Editor, Hindi Mahanagar
Hasan Kamal, Lyricist and Columnist
Gulam Mohamed Peshimam,Businessman
Sushobha Barve, Social Activist
Javed Siddiqui, Writer
Aslam Parvaiz, Advertising
Farrukh S. Waris, Educationist
Syed Firoz Ashraf, Social Activist
Yacoob Rahee, Writer, Social Activist
Fazal Shaad, Social Activist
Abdulkader Mukadam, Columnist, Social Activist
Khan Ahmed Ali, Social Activist
Vaqar Kadvi, Social Activist
Shamim Tariq, Social Activist
Salem bin Razak, Social Activist
Muqaddar Hameed, Writer
Khan Ayub, Social Activist
Salim Alware, Social Activist

_____


#8.

A Public Statement
March 25, 2003

A cowardly, yet horrendously brutal, killing of innocent people has 
shattered the Kashmir Valley again.

In the nightly hours of March 23, twenty-four men, women and children 
were gunned down by unknown attackers in the village of Nadimarg 
(Pulwama). The victims were all Hindu Pandits of Kashmir.

We in SANSAD (South Asian Network for Secularism and Democracy) and 
in INSAF (International South Asia Forum) utterly condemn this savage 
act, this crime against humanity.

When members of any particular community are subjected to brutal 
killings - whether they are Sikhs in Punjab, Christians, Dalits, 
Tribals and Muslims in Gujarat and elsewhere, the fragile secular and 
democratic make-up of the Indian society goes through another 
challenging test.

For over twelve years now, the people of Kahmir have been subjected 
to a never-ending vortex of violence. The entire people have been 
turned into helpless victims of the terror inflicted by the 
contending forces, while their genuine aspirations for peace, 
dignity, and democratic rights of self-determination remain crushed.

It is very unfortunate that every time there is some movement toward 
normalization of social relations, some movement toward peace in the 
entire region, it becomes disrupted by such wanton and melicious acts 
of interruption. It is obvious that there are vested interests who do 
not want the Kashmir problem to be solved.

That the secular and harmonious aspects of the Kashmiri society have 
yet not been destroyed is indicated by the manner in which the entire 
community in the village of Nadimarg came together to mourn the 
deaths of the innocents. Muslim men and women wiped their own tears 
and those of the survivors of the Hindu families.

  ''We don't believe this could happen here,'' said Khatija Bano, a 
Muslim housewife. ''I am shocked. Why will anybody kill these poor 
people? They had nothing to do with anything. They were struggling 
like all of us for two meals a day here in this far off village,'' 
she said. ''They had not left the village because they had always 
felt safe here. It is their home like it is our home''.

It is noteworthy that all the Muslim, Christian, Sikh and the 
democratic/secular organizations have strongly condemned this ghastly 
act, and have demanded from the Government of India and of Jammu and 
kashmir to find the culprits, and to take the necessary steps in 
bringing security and a sense of dignity to all the people in Jammu 
and Kashmir.

We in SANSAD and INSAF join these voices of sanity, and of goodwill.

Hari Sharma
president, SANSAD (South Asian Network for Secularism and Democracy)
president, INSAF (International South Asia Forum)

residence: 8027 Government Road, Burnaby, BC, Canada, V5A 2E1

______


#9.

The Hindu (Chennai), March 27, 2003

Rage against the dying of the light
By Syeda Saiyidain Hameed
It was Dylan Thomas who said, "Do not go gentle into the good night/ 
Rage, rage against the dying of the light." On Tuesday evening, some 
of us, ordinary citizens and concerned people of Delhi raged. We 
stood on Sansad Marg, across the road from Park Hotel, in solidarity 
with the Kashmiri Pandits whose families had been gunned down in 
Nadimarg village in Pulwama district of south Kashmir.[...].
http://www.hindu.com/stories/2003032702221200.htm


______


#10.

The Hindu (Chennai), March 27, 2003

Time to accelerate peace process
By Kuldip Nayar
http://www.hindu.com/stories/2003032703541100.htm

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DISCLAIMER: Opinions expressed in materials carried in the posts do not
necessarily reflect the views of SACW compilers.
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