SACW | 18 June, 2003

Harsh Kapoor aiindex@mnet.fr
Wed, 18 Jun 2003 04:07:57 +0100


South Asia Citizens Wire   | 18 June,  2003

#1. Pakistani lawyer challenges religious law in court (Juliette Terzieff)
#2. Indian MPs' maiden visit to Pakistan begins
#3. To Have & Have Not: Kidnappings, bombings, assassinations, 
extortion, bribery-just another week in Karachi (Tim Mcgirk)
#4. Kashmiri Students in India Face Discrimination (Rama Lakshmi)
#5. India: Excavations at the site of the Babri Moque
- Statement issued by Sahmat at a press conference
- Excavation shows no evidence of temple: SAHMAT
- Historians lambast magazine report on Ayodhya
#6. India: PUCL-Vadodara Shanti Abhiyan (VSA) Withdraw from the 
Nanavati-Shah Commission Hearings on the Gujarat massacres of 2002
#7.India: Satyagraha to save Gandhian Institute of Studies, from the 
'Hindu' Right
#8. India: Saffron through the political prism (Ram Puniyani)

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


#1.

San Francisco Chronicle
June 17, 2003,  Page A - 6

Pakistani lawyer challenges religious law in court

Juliette Terzieff, Chronicle Foreign Service

Islamabad, Pakistan -- Aslam Khaki is the product of a strict 
religious upbringing, but he has nonetheless built his legal career 
taking on explosive cases that challenge Pakistan's religious elite 
and their interpretation of Islam.

While controversy ripples across the nation over passage of 
legislation in the Northwest Frontier province to implement religious 
Shariah law and several decrees enforcing sex segregation, Khaki has 
no doubts over the direction Pakistan should take.

Outraged over moves to Islamize the province, he filed a petition 
challenging the new act with Pakistan's Supreme Court. The court held 
a hearing on the issue last week, but has yet to rule.

"Enacting legislation like this is impractical, illegal and inane," 
the 48- year-old Shariah lawyer said in an interview. "Not only does 
Islam prohibit the imposition of one's views on others, but it is 
enshrined in our own constitution that every individual has religious 
freedom."

Riding high after their unprecedented victory in last October's 
elections in the fundamentalist region that borders Afghanistan, a 
six-party alliance -- most of whose leaders subscribe to the same 
Deoband school of thought as the ousted Taliban leadership -- has 
been pursuing the goal of creating a society hauntingly reminiscent 
of the former Afghan regime.

HARSH TREATMENT OF WOMEN

The alliance -- known as the United Action Forum, or UAF -- saw a 
major victory late last month with the unanimous passage of the 
Shariah Act 2003, a provincial law that could pave the way for harsh 
constraints on the public, especially women.

"Our society is being pushed toward orthodoxy, toward intolerance. 
This so- called Shariah act will enable mullahs to create very 
suffocating cultural and social atmospheres that are wholly not 
conducive for either democracy or guarantees of people's basic 
rights," said Afrasiab Khattak, head of the Human Rights Commission 
of Pakistan.

Shariah law, based in the moral and religious teachings of the Koran, 
is already enshrined in Pakistan's constitution but is loosely 
enforced by the federal government, which favors a mix of Islamic and 
secular Western-style law.

In his Supreme Court challenge, Khaki relied heavily on a 
constitutional provision stating that federal legislation takes 
precedence over provincial laws, arguing that the Northwest Frontier 
measure is redundant and any attempt to implement it is illegal. "The 
mullahs in charge of the provincial government cannot touch the real 
issues. They stand no chance of eradicating poverty or unemployment, 
so they have to excel elsewhere," Khaki said in an interview. "Their 
real achievement is that they have made themselves into dark shadows 
across the face of Islam."

ANTI-AMERICANISM

The Islamist alliance swept into power on a growing wave of 
anti-American sentiment, vowing to eradicate poverty, obscenity and 
vulgarity in favor of the formation of a true Islamic society. It has 
issued bans on men coaching women's sports and male doctors treating 
women. Music on public transportation has been banned. Party 
activists-turned-vigilantes have taken to enforcing their will on the 
general public.

Nighat Orakzai, one of a dozen female legislators in the Northwest 
=46rontier province assembly, said, "Women's rights are human rights, 
and with this government there is no room for either."

The arguments on both sides go straight to the heart of how 
Pakistanis choose to identify themselves, a point not lost on 
President Pervez Musharraf.

"We don't want the vision of the Taliban. They were narrow-minded 
people who lacked tolerance. We want a progressive and civilized 
Islamic society," the president said recently. "The time has come for 
Pakistan to speak out and decide what kind of system it wants."

While most liberals would like to see Turkey -- a secular democracy 
in an overwhelmingly Muslim population -- as a model of governance 
for this struggling nation, clerics and rural tribesmen lean more 
toward an Iranian style.

"People have little knowledge of religious provisions, fear fatwas 
(religious decrees) or blasphemy charges, so those of us who do know 
have to act," he said.

Raised in a conservative but tolerant household in central Punjab, 
Khaki attended school -- and then taught -- in the madrassas 
(religious schools) there and in the Northwest Frontier. Many of the 
men now leading the UAF religious alliance were among his classmates.

"At a certain point I faced a crisis of conscience, because what the 
mullahs said did not match up with what I knew of Islam -- and if the 
mullahs were right, then Islam was wrong," he said.

After further study of the Koran and Islamic jurisprudence, Khaki 
concluded that the mullahs' rigid interpretations were in error. He 
settled on a career that proved to be extremely unpopular even within 
his own family, taking on cases that challenged unjust laws and 
defending those accused of blasphemy and victims of religious 
discrimination.

Relatives and friends still verbally chastise Khaki's wife and 
daughter, who is also a qualified lawyer, for his career choices. 
Khaki and his father, a mullah who runs a 250-student strong 
madrassa, don't always see eye-to-eye on the issues.

While the family has stuck by Khaki's decision to challenge the 
mullahs head-on, he has become a target for derision and occasional 
threats.

Khaki's Supreme Court challenge has captured the attention of 
Pakistanis eager to stave off Taliban-like extremism in the Northwest 
=46rontier.

"Harassment abounds, there is no protection," Khattak, the human 
rights activist, warned. "The more laws are passed, the more 
activists of these parties will take to the streets to impose their 
will. A line must be drawn."

______


#2.

The Daily Times, June 18, 2003

Indian MPs' maiden visit to Pakistan begins today

* Pakistani-India People's Forum says visit to strengthen 
people-to-people contact
* Indian delegation will meet politicians and industrialists
By Waqar Gillani
LAHORE: The first ever delegation of 10 Indian parliamentarians will 
arrive in Lahore via the Wahga Border on a nine-day visit to Pakistan 
today (Tuesday).
The visit has been arranged and hosted by the Pakistan-India People's 
=46orum for Peace and Democracy (PIPFPD). Member of the Upper House of 
the Indian parliament Kuldip Nayar is the coordinator of the 
delegation.
Sources told Daily Times that the delegation was previously headed by 
Lok Sabha Member Maulana Asad Madni, who is also the head of the 
Jamiat Ulemae Hind (JUH), but his entry to Pakistan was blocked as 
the Pakistan Foreign Office directed its high commissioner to India 
not to allow him to do so. The maulana is a controversial figure in 
Pakistan due to his opposition to the freedom struggle in Kashmir. 
His father, Maulana Hussain Madni, was a very vocal opponent of the 
partition of the subcontinent.
During the informal visit, the delegation would also meet Senate 
Chairman Mohammadmian Soomro, Punjab Chief Minister Chaudhry Pervaiz 
Elahi, Muttahida Majlis-e-Amal (MMA) leaders and other political 
personalities.
The PIPFPD has planned an impressive itinerary for the Indian MPs, 
which would start formally from June 18. The schedule includes a 
meeting with MMA leaders in Islamabad. The Jamaat-e-Islami has also 
requested the PIPFPD for a meeting with the delegation.
Lahore: According to the planned schedule, the delegation would visit 
the Lahore Chamber of Commerce and Industry (LCCI) and will have a 
meeting with industry representatives on June 18. This would be 
followed by a reception and lunch, hosted by the Lahore University of 
Management Sciences (LUMS) at its campus. There would be an open 
dialogue on peace between the Pakistan and India at the office of the 
Human Rights Commission of Pakistan (HRCP) in the afternoon which 
would be followed by a dinner hosted by the Punjab chief minister. 
The delegation would attend a meeting with a women's NGO on June 19 
in the Pearl Continental Hotel. The Pakistan Institute for National 
Affairs (PINA) has also arranged a dialogue with the Indian MPs 
during the afternoon at the Holiday Inn. The MPs would later attend a 
dinner hosted by India Pakistan Soldiers Initiative for Peace (IPSIP).
Islamabad: The delegation would reach Islamabad on June 20. They 
would attend a lunch hosted by member of the National Assembly MP 
Bhandara at the Marriott Hotel.
They would join a gathering arranged by their hosts in Pakistan, the 
PIPFPD and close the day with a dinner hosted by the Senate chairman.
On June 21, the Indian delegation would attend a dialogue organised 
by the Policy Research Institute, to be followed by a lunch and 
dinner hosted by Pakistan People's Party Parliamentarians (PPPP) 
leader Chaudhry Aitzaz Ahsan. It would be attended by a number of 
political personalities of the country.
The MPs would meet Millat Party chief and former Pakistani President 
Sardar Farooq Ahmed Khan Leghari on June 22. They would hold meetings 
with a number of Pakistani parliamentarians. PML-QA President 
Chaudhry Shujaat Hussain would host a dinner for the delegation later 
that day.
Karachi: The delegation would leave for Karachi on June 23. It would 
attend a presentation of a community project by Dr Arif and a lunch 
hosted by Mr Haroon Ahmad at the Pearl Continental Hotel. In the 
afternoon, the MPs will join a public meeting arranged by the local 
chapter of the PIPFDP.
On June 24, the delegation would attend a meeting with 
industrialists, arranged by former commerce minister Razzak Daud. 
This would be followed by a meeting with lawyers organised by Senator 
Syed Iqbal Haider. The Sindh Democratic Alliance (SDA) would host a 
dinner in the evening for the delegation.
The delegation is scheduled to return to Lahore on June 25. They 
would attend a coffee party hosted by peace activist Nusrat Jameel 
and attend the "Meet the Press" programme at the Lahore Press Club. 
They would return to India the same day via the Wagha Border.
=46ounding member of the PIPFPD and a prominent peace activist Dr 
Mubashar Hassan told Daily Times that the delegation's visit was a 
response by the Indian MPs to a similar trip to New Delhi undertaken 
by their Pakistani counterparts last month. He said it was an 
informal visit and its sole objective was to promote people-to-people 
contact between the citizens of the two countries.

______


#3.

Time, June 16, 2003 / Vol. 161 No. 23

To Have & Have Not
Kidnappings, bombings, assassinations, extortion, bribery-just 
another week in Karachi, Pakistan's largest and most populous city
BY TIM MCGIRK / KARACHI
http://www.time.com/time/asia/magazine/article/0,13673,501030616-457408,00.h=
tml

______


#4.

The Washington Post
Tuesday, June 17, 2003; Page A12

Kashmiri Students in India Face Discrimination
By Rama Lakshmi

MUZAFFARNAGAR, India -- Three months ago, Ejaz Husain Jaan was just 
another Kashmiri student living away from home, nervously studying 
for his finals and taking short breaks to catch the World Cup cricket 
scores on television.

Now, he is in jail, facing terrorism charges for allegedly aiding a 
plan to blow up important government buildings, an accusation he 
vehemently denies.

"I came out of Kashmir to study, not to be a terrorist," said Jaan, 
23, looking tired and bewildered as he stepped out of a crowded 
courtroom in Uttar Pradesh state recently. "In Kashmir, there is 
always a threat of the gun -- the army's or the militants'. I wanted 
to escape the climate of fear and violence.

"But now all my career hopes are destroyed. I could not even finish 
my tests," he said, starting to cry.

According to human rights groups in New Delhi, scores of Muslim 
students, traders and professionals who quit violence-wracked Kashmir 
for other parts of India in search of education and job opportunities 
have faced increased harassment and discrimination in the past three 
years.

A report by the People's Union for Democratic Rights said Kashmiri 
Muslims in New Delhi suffer from "a deep sense of insecurity and 
vulnerability" and are victims of police harassment, humiliating 
searches, intimidation, arbitrary detentions and demands for bribes 
by local policemen under the pretext of fighting terrorism.

The climate of suspicion, many said, has sharpened since December 
2001, when gunmen suspected of being Islamic rebels fighting for 
Kashmir's secession from India attacked the Parliament complex in New 
Delhi. Kashmir, India's only Muslim-majority state, has been ravaged 
since 1989 by a separatist revolt that has claimed more than 35,000 
lives, according to official estimates.

"The last 14 years have been a dark period for the people of Kashmir. 
Many people have tried to escape the violence and come out to study 
and work, but they face suspicion wherever they go," said Mehbooba 
Mufti, the chief of Kashmir's ruling People's Democratic Party. "The 
stereotype is that every Kashmiri holds a gun. Do Kashmiris have to 
rip open their hearts each time to prove they are not militants?"

Indian officials said there is no campaign to harass Kashmiris 
because of their religion or their roots.

"We have to be vigilant," said a senior police officer who asked not 
to be named. "We don't pick up Kashmiris at random, we follow our 
intelligence inputs and phone tapping. We cannot always wait for the 
attack to take place; we have to prevent it also."

But human rights activists argued that the police often act on the 
basis of flimsy evidence and that the process lacks accountability.

"We are not saying India should be soft on terrorism, but the state's 
coercive powers must act like a surgeon's scalpel rather than come 
down like a hammer," said Ravi Nair, who heads the South Asia Human 
Rights Documentation Center. "With every case of harassment of an 
innocent, the gulf between Kashmiris and the rest of India widens."

Discrimination and harassment are a simple fact of daily life for 
many Kashmiris living outside their home state, said Afshan Gul, 23, 
a film student in New Delhi, who complained of innumerable searches 
and questioning by police.

"The searches and questions do not stop when you show your identity 
card," she said. "For a Kashmiri Muslim, it usually begins after you 
show it. They don't just search you, they rip off your dignity, too."

More than a decade of violence by Islamic militants has hardened 
perceptions about Kashmiri Muslims among some Indians as well as the 
police. The bias, Kashmiris said, permeates everyday activities from 
finding an apartment to finding a job.

"The moment the landlords got to know I was a Kashmiri Muslim, they 
would make excuses to say no," said Khursheed Ahmed Qazi, 38, a 
businessman who spent several months looking for an apartment in the 
capital last year. "The bias against us was clear."

Abrar Ahmad Dewani, 24, a computer student from Kashmir, said that 
when he interviewed two years ago for a job as a Web site designer 
for a New Delhi company that makes bathroom fixtures, the questions 
had nothing to do with his skills.

"The man looked at my [r=E9sum=E9] and said, 'Are you a Kashmiri? 
Kashmiris are terrorists,' " recalled Dewani. "I said . . . 'I don't 
want to work for you.' I felt humiliated."

At another job interview, a prospective employer told him he was 
"very scared of Kashmiris."

The circumstances surrounding the arrest of Jaan and three other 
students in March shook the small group of Kashmiri undergraduates 
studying in Uttar Pradesh, who said they came under increased 
surveillance from the police and became the target of public 
suspicion and scorn.

"The police searched all the rooms of the students. My professor told 
me not to call him or visit him. Everybody in college looked at us 
with suspicion," said Abdul Rashid, 26, a graduate student who lived 
in the room next to Jaan's. "The neighbors would look at us and say, 
'Look, the terrorists are coming' or 'What are you bombing next?' "

Jaan said he was interrogated in dark rooms for nine days without a 
lawyer. He said the police forced him to sign several blank pages 
that he feared could be used as confessions.

Police said they found maps of India's "vital installations" in 
Jaan's possession and that phone records show he received calls from 
a leader of the banned militant group Jaish-i-Muhammad.

Despite the perils, young Kashmiris say they will continue to leave 
home because of the lack of jobs in their state.

"I have no choice but to leave Kashmir," said Tanweer Sadiq, 25, a 
recent computer science graduate who is applying for jobs in New 
Delhi. "There are no jobs in Kashmir. I knew I would have to battle a 
stereotype when I [went] there, but it is still worth taking a 
chance. It's a question of my career."

=A9 2003 The Washington Post Company

______


#5.

Statement issued by sahmat at a press conference in
Delhi addressed by historian Professor Irfan Habib and
archaeologist Professor Suraj Bhan. Professor Bhan has
been at Ayodhya.

SAHMAT
8, Vithalbhai Patel House, Rafi Marg
New Delhi-110001
Telephone- 3711276/ 3351424
  e-mail: sahmat@vsnl.com
					17.6.2003
  The Archaeological Survey of India's excavations at  the site of the 
Babri  Masjid, Ayodhya are now drawing to a close , though  the ASI 
has sought the  High Court's permission to continue the work till 
the end of this month,  apparently to enable them to excavate two or 
three  trenches in the so-called  " Sanctuary" where the Ram Lalla 
image is now  placed. By this time the ASI  has dug up and destroyed 
what the karsevaks had not  demolished, namely the  floors and 
foundation-walls of the Masjid. In any  archaeological operation 
elsewhere such treatment of monumental remains would  be deemed 
totally  unprofessional and impermissible.

  All this has been done in the expectation, enflamed  by the earlier 
Tojo-Vikas International's geo-physical survey  report ( undated), on 
the  basis of which the Allahabad High Court ( Lucknow  Bench) was 
pleased to  order the excavation. This Report spoke of  "anomalies" 
and " pillars" below  the Babri masjid, and so suggested that 
structural  remains would be found  beneath the mosque. It may be 
recalled that SAHMAT  issued a statement on 8  March doubting the 
credentials of this Company ,  questioning its surveying  methods and 
finally its interpretation of its data.  SAHMAT pointed out that  the 
Company itself provided for a wide range of  possibilities from its 
data,  but selected for specific mention only such of these  as might 
please their  employers. It was, on the face of it, a thoroughly 
unprofessional piece of  conduct on their part.

  In pursuit of Tojo-International's predicted  pre-Masjid structures 
the ASI  dug up 82 trenches by 5 June 2003. Except for a  small area 
around Ram Lalla  the entire area of the Masjid Complex including Ram 
Chabutra has been dug up  to depths of several meters. The ASI 
submitted its  first progress report to  the High Court on work done 
till 24 April 2003 when  as many as 52 trenches (  4x4 meters each) 
had been excavated. SAHMAT in its  statement on 6 May,  showing that 
the only structural remains the ASI had  actually found were  those 
associated with the construction of the Mosque  or of the period of 
Muslim habitation. The pervasive presence of animal  bones with cut 
marks and  Muslim glazed ware, and the entire absence of even a 
trace of anything that  could indicate structural remains of a 
temple. The  ASI report seemed only to  clutch at straws, which on 
close scrutiny could be  seen as contrary to the  details it had 
itself provided.

  Matters have become definitively clear with the  ASI's latest 
progress report  that deals with the latest period, 22 May to 5 June, 
covering 30 new  trenches, so that now the entire Mosque complex and 
much of the surrounding  area has been covered.

  In trench after trench, no structural remains below  the Mosque's 
floor  level have been found at all. The structural remains  found in 
some trenches  are all of construction associated with the Mosque, 
viz., brick walls,  Mosque-floors, lime mortar, etc. The " structural 
bases", which were  mentioned with some enthusiasm in the first 
Progress  Report, but were, alas,  found to be uniformly of 
brick-bats and so neither  load-bearing nor in any  way associated 
with any known tradition of Hindu  temple architecture, are  now 
termed " pillar bases". Only seven have been  claimed to be found in 
six  trenches , only out of the thirty excavated. No  alignment or 
uniformity of  level is claimed for them.

  The ASI's report also lists finds yielded by the  excavation. It 
needs to be  noted that in trench F3, the " 1.61 metre high 
decorated black stone pillar  ( broken) with Yaksha figurines on four 
corners" is  one of the black pillars  which had belonged to the 
Babri Masjid and was  broken up when the Babri  Masjid was destroyed 
by the karsevaks. It has been  retrieved from above the  Babri Masjid 
floor, and is, therefore, no new  discovery and has nothing to  do 
with any possible temple remains below the  Mosque. On the other 
hand, all  other finds suggest either Muslim habitation ( "  Arabic 
inscription of holy  verses", glazed tiles) or ordinary medieval 
occupation.

  In view of all this, the VHP and its supporters are  now falling 
back on "  faith". But they are unable to produce any  scriptural 
authority or any  document to show that Lord Rama was really born 
exactly at this spot. In  other words, the " faith" they are talking 
about is  only faith invented by them.

  Others, of the BJP camp faced with the debacle that  the excavations 
have  placed them are speaking of a " compromise". The  conditions of 
this "  compromise", so far appearing in the press, are that  (1) 
Muslims can build a  Mosque 10 k.m. away from the Babri Masjid site, 
and  (2) the Hindu claims on  Mosques at Varanasi and Mathura will 
not be pursued.

  One does not understand whom these proposals are  expected to fool. 
The  present main mosque at Ayodhya is itself barely 1 =87  km from the 
Babri Masjid  site, and there are other mosques in the town. Any  one 
who owns land can  build a mosque at any distance from the mosque : 
so  what is the sense of the  10 km restriction?.

  Secondly, any change in the religious status of a  place of worship 
from what  it was on 15 August 1947 is barred by an Act of 
Parliament, 1991. What the  proposed compromise suggests is that this 
too is an  open issue, which it is not.

  Finally, what is forgotten is the heinous crime  carried out on 6 
December  1992. No talk of compromise has any meaning when the 
perpetrators of that  outrage walk not only free, but are in control 
of  the state itself. They  must, above all, be first brought to book.

o o o

The Times of India
http://timesofindia.indiatimes.com:80/cms.dll/html/uncomp/articleshow?msid=
=3D27905

Excavation shows no evidence of temple: SAHMAT
PTI[ TUESDAY, JUNE 17, 2003 09:54:44 PM ]

NEW DELHI: Disfavouring any move to "broker a compromise" in the 
Babri Masjid dispute, a socio-cultural organisation on Tuesday 
claimed that findings of the ASI excavations have showed no evidence 
of a temple so far.

"The realisation that their claims of a temple below the mosque was 
being negated by the excavation results so far, organisations like 
the VHP have started talking of faith...In other words the 'faith' 
they are talking about is the one invented by them and hence it 
should be disapproved," SAHMAT Member Irfan Habib told reporters here.

The government has also started talking about a "compromise", he 
said, adding any such formula would be "an insult to the secular 
nature of the Indian Constitution."

"The structural bases, which were mentioned with some enthusiasm in 
the first Progress Report (by ASI), were found to be uniformly of 
brick-bats and so neither load-bearing nor in any way associated with 
any known tradition of Hindu temple architecture," he claimed.

Reacting to reports in a section of the media claiming that "some 
evidence showing the presence of a temple" were found, Archaeologist 
Suraj Bhan said "these reports were fabricated." Claiming that the 
ASI team has "completed the work of kar sevaks," Habib alleged that 
"by this time the ASI has dug up and destroyed what kar sevaks had 
not demolished, namely the floors and foundation walls of the Masjid.

In any archaeological operation elsewhere such a treatment of 
monumental remains would be deemed totally unprofessional and 
impermissible."

"When the initial reports of the excavation proved that the findings 
of the Tojo-Vikas International's survey, which spoke of 'anomalies' 
and 'pillars' below the Babri Masjid, were wrong the ASI could have 
stopped at that. But instead it went on and 'demolished' the entire 
structure," he charged.


o o o

[See Also]
Historians lambast magazine report on Ayodhya
http://timesofindia.indiatimes.com:80/cms.dll/html/uncomp/articleshow?msid=
=3D28186


______


#6.
Press Release, June 16, 2003

People's Union for Civil Liberties, Baroda [India] and Vadodara Shanti Abhiy=
an

13 Pratap Kunj Society, Karelibaug, Vadodara  390 018
Phone: 2464210, 2462328	Fax No: 2340223
Email: sahajbrc@icenet.net, rt_manav@sancharnet.in, sahiyar@softhome.net,
  shanti_pucl@yahoo.com

PUCL-Vadodara Shanti Abhiyan (VSA) Withdraw from the Nanavati-Shah 
Commission Hearings

The PUCL-VSA, who were active in relief and rehabilitation during the 
violence on Muslims in  2002 in Gujarat, have withdrawn from the 
proceedings of the Nanavati-Shah Commission scheduled to start its 
hearings at Vadodara on June 16, 2003. PUCL-VSA had earlier submitted 
an affidavit to the Commission based on the PUCL-VSA investigations 
into the violence in Vadodara city and surrounding villages. They 
have now submitted a second affidavit stating that, in view of their 
lack of faith in the inquiry proceedings, they will not participate 
in them further.

According to representatives of the PUCL-VSA, many Muslim victims and 
witnesses to key incidents in last year=92s violence would not be 
willing to appear before the Commission to depose and be 
cross-examined. This is because of the atmosphere of fear and 
insecurity prevailing among the Muslim victims  a fact best 
exemplified by the Best Bakery case  one of the key cases recommended 
by the NHRC to be examined by the CBI. In the said Best Bakery case 
many key witnesses have turned hostile, whereas in several 
independent reports by groups including the esteemed NHRC, these very 
same witnesses had testified on what they had seen. And today they 
tell a different tale, to the extent of declaring that the aggressors 
had in fact been saviours.

In addition, the PUCL-VSA find that human rights defenders, social 
workers, and lawyers of the minority community fighting cases for 
justice have all been threatened and face a serious threat to their 
lives.

The PUCL-VSA also record with shock and concern the comments made by 
a senior member of the Commission, Justice Nanavati,  a former judge 
of the Supreme Court. In late May 2003, Justice Nanavati has been 
reported extensively in the media to have said, "The evidence 
recorded so far does not indicate any lapse on the part of the police 
or administration in controlling the communal clashes in several 
parts of the state." Thereafter, Justice Nanavati reportedly backed 
out and stated that the media had misquoted him. But a TV channel 
reported that Justice Nanavati, in an interview with the channel, had 
said the Gujarat riots were not one-sided and that there was limited 
evidence against the VHP. "There is no real evidence that has been 
brought to name individual Bajrang Dal or VHP leaders," the TV 
channel quoted Justice Nanavati as saying. The PUCL-VSA considers 
such a pronouncement by a member of the Commission a serious breach 
of judicial propriety. The Commission has yet to initiate hearings at 
Vadodara and Ahmedabad, both among the worst affected during the 
communal violence  of 2002. The Commission=92s proceedings so far, 
instead of inspiring confidence in an already demoralized group of 
potential deponents, most of whom come from poor and deprived 
backgrounds, have sown serious doubts about the impartiality, 
fairness and sincerity of the investigation. In fact the attitude of 
the Commission has affected the resolve of many witnesses, already 
under severe pressure, to depose openly and fearlessly before it. The 
Nanavati-Shah Commission has followed a procedure of holding in 
camera hearings at which individuals are only allowed to depose 
singly. Such a procedure is over-awing and intimidating to many 
individuals from disempowered backgrounds, so that they may fail to 
present their cases and evidence effectively. Apart from this there 
is the already mentioned issue of safety of these Muslim deponents 
outside the setting of the Commission=92s hearings, a fact aggravated 
by the reluctance of the government machinery in the State to assure 
the safety of citizens of the minority community.

Given the above, the PUCL-VSA has no option but to refuse to 
participate in this futile exercise. The entire process, carried out 
in an atmosphere hostile to the victims, investigated by a police 
force accused of grave lapses and misdemeanour during the violence, 
argued and heard by prosecutors and judges appointed by a government 
charged with abetting the violence, and enquired into by a judicial 
commission of questionable credentials, is not designed to bring out 
the truth or deliver justice.

Denial of justice on such a scale will have disastrous long-term 
consequences for any society. The Nanavati-Shah Commission has made 
no attempts to inspire confidence among potential deponents and 
victims of last year=92s violence by publicly clarifying its stand and 
commitment to a fair inquiry. Concerted appeals to victims and 
witnesses to appear before it, and a public apology for any reported 
statements in the media that amounted to pre-judging and exonerating 
the State Police, one of the main accused in last year=92s violence, 
would have helped to redeem the faith of ordinary Indians in the 
process of Justice and Truth. As things stand, PUCL-VSA cannot be a 
party to a charade that will end up as a fraud on the nation and 
bring with it a grave miscarriage of justice.


=46or PUCL Vadodara Shanti Abhiyan

    Signed by the following PUCL-VSA members: Kiritbhai Bhatt, 
Jagadishbhai Shah, Isaacbhai Chinwalla. Mansoor Saleri, JS 
Bandukwalla, Jehanara Rangrez, Chinu Srinivasan , Deeptha Achar 
(deepthasan@sify.com), Iftikhar Ahmed , Johannes Manjrekar , Maya 
Valecha , Nandini Manjrekar , Raj Kumar Hans , Renu Khanna , Rohit 
Prajapati ,   and Trupti Shah  and many more.

_____


#7.

A Satyagraha in form of an indefinite Dharna has started at the 
Gandhi Vidya Sansthan, Varanasi from 16th June, 2003 in protest of 
illegitimate appropriation of the institute. About 150 persons 
participated in a peaceful Satyagrah that aims at saving the Gandhian 
Institute of Studies, Varanasi from the jaws of ideological terrorism 
of the Sangh Parivaar. The first day saw a substantial police force 
on the grounds of the campus but they appeared tentative regarding 
the matter and their role in it. The Satyagrahis gave full 
co-operation to the administration in maintaining peace and order and 
pursued their agitation in truest spirit of the Gandhism in defence 
of which they were fighting.

The agitationists view this battle not as just another one but part 
of a larger struggle of increasing ideological terrorism of the Sangh 
Parivaar, and a systematic and systemic uprooting of Gandhian thought 
and practice.

Backdrop of the Matter

Gandhian Institute of Studies, Varanasi, located in the precincts of 
Sarva Sewa Sangh, was founded by Jaya Prakash Narayan in 1960 to 
promote research in Gandhian thought and its practice. In a travesty 
of laws of land, the institute has been appropriated by handful of 
people, some of whom are in no way related to the Institute.

Some facts about the institute that are pertinent to the matter are as follo=
ws:

1.	The institute is located on the land of Sarva Sewa Sangh and 
not on that of government.

2.	The buildings and other assets of the institute were 
developed by U.P. Gandhi Smarak Nidhi and funds solicited by JP for 
the purpose.

3.	The institute is an autonomous body of which the registration 
has been renewed

(Renewal no. 803,2003; File no. 2.11137; Dated 31/01/2003)

4.	Due to political pressure and manoeuvring a letter had been 
issued from Registrar Office Lucknow for rescinding its registration 
renewal.

5.	The institute incumbents had lodged a petition against the 
above at Allahabad High Court.

6.	A stay order was issued by the court on the issue of 
rescinding the registration renewal of the institute.

(Order no 23650, 2003; Dated 23/05/2003)

7.	Even before this, some people had advanced a petition for 
dissolving the

Society of the Institute at the Fourth Additional District Court. The High

Court issued a Stay Order against this of which the details are:

Order No. 13628, 2003 Date 22/4/2003

8. Prof. Kusumlata Kedia, who declares herself to be the Executive 
Director of the Institute was suspended and later dismissed from the 
Institute on grounds of lack of discipline, breach of duty and 
activities detrimental to the Institute=92s spirit, mission and 
existence.

9.	ICSSR (Indian Council for Social Sciences Research) had been 
that giving grants to the institute since 1977 has been stopped doing 
so since 1999.

But funds have been arranged from some alternative sources and thus 
the demand of the Satyagrahis is that the all hindrances towards the 
smooth functioning of the institute (like lock-out etc) be removed 
and people indulging in such illegal and unrighteous activities be 
directed out of the Institute campus.

_____


#8.

=46rom Indian Currents- June 16, 2003

       Saffron through the political prism

-- Ram Puniyani

   To be able to choose ones faith is the prerogative of individuals 
not  only in democratic societies but has been so even in pre-modern 
times.  Religions have generally spread through the saints of 
particular  religions, but since the history as understood today is 
the history of  kings, they are supposed to have spread the religions 
through their  Jihads, Crusades, Dharmayuddha and what have you.

In current times it is petrodollars or blankets and aspirin, which 
are  supposed to be the bait for religious conversions. Our social 
understanding of the process of religious conversions has made the 
journey  from force to allurement. And so the Hindu Patriotic (RSS) 
force is  seriously peeved by the conversions to Islam and 
Christianity, which are  supposed to be aplenty around. It is 
probably with all this in mind that  Ram Madhav, the spokesperson of 
RSS, brought up the RSS nightmare of  conversions yet again. (June 7, 
2003) The logic of condemning conversions  leads this intolerant 
ideology to brand other religions with all sorts of  things, which 
have no relevance in the social and political milieu of the  day.  On 
one hand Madhav criticizes Christianity as intolerant, exclusivist 
and  supremacist religious doctrine, on the other he condemns the 
Papal  exhortation to carry out evangelism in the country. It goes 
without saying  that RSS has been very appreciative of 
"Anti-Conversion" laws promulgated  in Tamil Nadu and Gujarat and 
invokes the other states to follow suit.

Why is it that RSS is relentlessly carrying on this anti conversion 
tirade? Is conversion a new phenomenon of India society? Or, for that 
matter is conversion something new on the horizon of the World? How 
come  RSS and its politics Hindutva has woken up to this grave 
problem of Indian  society, now?  The conversion of some Dalits to 
Islam in Meenakshipuram two decades  earlier gave a boost to the RSS 
progeny VHP to come to the fore and create  ruckus on the issue. As 
such it remained as one of the many issues. From  last five years it 
has been one of the major issues, which has been taken  up by 
Hindutva politics. The burning alive of Graham Stuart Staines along 
with his two minor sons in January 1999 was the major event, which 
shook  the conscience of the majority of the country, barring, of 
course, the  Sangh Parivar for whom it was the spontaneous anger of 
local populace  against the conversion activities of the Pastor.

The same time saw the attack on nuns, burning of Bibles and fatal 
attacks  on two other people in Orissa itself. While the Iron Man, 
home minister  Lal Krishna Advani, rushed to the defense of his 
sister organisation  Bajrang Dal, the perpetrators of the crimes, 
Bajrang Dal members, have as  usual been treated with kid gloves. The 
Justice Wadhwa Commission of  Inquiry which went into this gruesome 
tragedy did make two significant  observations. One was that there 
was no increase in the Christian  population of the area where the 
Pastor was working and two that Staines  was not involved in 
conversion activities.  That apart the popular impression sunk that 
Christian Missionaries are  here to convert. It should be noted that 
Indian Christianity is 16-17  centuries old and that during so many 
years of so-called proselytisation  activities the population of 
Christians today is just 2.18% as per the  2001 census. Interestingly 
while on one hand the Christian missionaries  are facing the charge 
of conversion the population off Christians is on  the decline.

Lets have a look at the census data of last four decades, 1971- 
2.60%,  1981-2.44%, 1991-2.32% and 2001-2.18%. But here a new 
argument has been  slipped in that the census data is not a true 
reflector of the population  of Christians as there is a group of 
Crypto Christians who are Christians  but do not declare so, in order 
to take advantage of reservation and other  benefits.  The whole 
debate is extremely pathetic. One has pity for a society, which 
ignoring its core issues of poverty, hunger, disease and unemployment 
is  forced to keep talking about such non-issues. The Papal 
exhortations have  been there from centuries; the institutions have 
been there from  centuries. If they were to work like what they 
proclaim the population  profile of world would have undergone 
drastic changes. Madhav and his ilk,  while deeply disturbed about 
the missionaries going to far flung places  to implement converting 
agenda, totally overlook the heavy presence of  Christian mission 
schools and hospitals in cities, where the same type of  people who 
also go to the remote places work. Why is Madhavs clan not  worried 
about these urban centers spreading Christianity?  One remembers that 
the political cousins of Madhav, the Shiv Sainiks,  threatened a 
Christian school principal in Mumbai for not giving admission  to 
some children as was recommended by him.

Here the argument comes up  that the urbanites like Shiv Sainik and 
RSS followers whose children study  in mission schools are impervious 
to the allurement of Christian  propaganda while poor adivasis are 
vulnerable to the guiles of  missionaries. These banal arguments 
apart, one knows that at the heart of  the heart conversion is not 
the issue. It is the struggle for Hindutvising  the Adivasis that the 
whole exercise of anti-Christian propaganda is all  about.

The rise of Sangh Parivar politics faced a big obstacle at the 
electoral  front. Though it has been inching towards the electoral 
hegemony bits by  bits, the big chunk of Adivasis remained aloof from 
the cultural and  political Hindutvaisation of society. Also the 
enlightenment process  brought to the Adivasis by the missionary 
education process created an  awareness of their social and political 
interests. And these are in  contrast to the interests of the elite 
social base of the RSS.  The Gujarat tragedy has brought to fore 
another use, which can be made  of the Adivasis. Through cultural 
manipulations of Vanvasi Kalyan Ashram  the Hindutvaisation has been 
accompanied by an intense Anti Muslim and  anti Christian sentiments. 
These have also been added up by economic  measures where the local 
Muslims are projected as the exploiters. And this  indoctrination has 
bee made use of in providing the foot soldiers for RSS  politics of 
anti-minority pogrom.

It is remarkable as to how cultural symbols can be used and decades 
of  social work done by the missionaries and other Human rights 
groups can be  washed off while bringing the worst out from the 
adivasis. And the signal  coming from other states also give a 
pointer to this direction. The  importance of cultural symbols is 
very clear in most an Adivasi areas.  While Hanuman is presented as 
the idol, Shabri Mata is the new goddess,  which has been brought 
forward. The combination could not have been more  symbolic. Ram is 
the upper caste icon, Hanuman, the devotee of Ram, is  idol for 
Adivasis, and Shabri, the destitute, who feels overwhelmed due to 
Ram sharing her berries, is the new Devi for these groups.

The pronouncements of had always been there in one form or the other. 
People do not convert for few Aspirins or a couple of blankets. It is 
a  total relationship, which prompts people to change their faith. In 
Indian  society the chief cause of conversion has been the 
Brahminical social  order with its caste rigidities, which has forced 
the low caste to seek  options, which are socially more just. Right 
from Swami Vivekananda, who  states the major converts to Islam came 
from low caste Shudras to the  present post-Jhajjar conversions, via 
the efforts of Dr. Ambedkar,  conversions have been a major escape 
clause for the low caste.  In India most of the religions were refuge 
for those oppressed by  Brahmin-Landlord combine. Hinduism, since 
Brahminism dominates it, has  another problem as well. Each caste is 
segregatory. The low caste feels  more comfortable with followers of 
Allah or Christ than those who are  having the same path for 
salvation.

One cannot become a Brahmin except as  a reward for the good deeds of 
the past life. But one can become a  Christian, Muslim or Buddhist, 
for example, by a choice exercised through  ones will power. 
Brahminism, whose values are dominant in Hinduism is  exclusionary in 
the social sense. Madhav may be disturbed that Pope  claims that 
salvation is possible only through his path, but at the same  time 
that path is open to all those who want it. In case of Madhavs 
Brahminical Hinduism there is a no entry board for others. In Madhavs 
Hinduism, his acolytes like Dilip Singh Ju Dev are indulging in 
political  proselytisation, but to what caste these Adivasis are 
converted to be a  mystery.  Each religion has its own ways.

At political level to bring in these  matters is a deliberate ploy to 
distract the attention from social and  political issues. It is an 
attempt to maintain status quo. These  non-issues are being forced on 
the society, which has become very  communalised by now. Whether one 
gets salvation or not after death may be  of lot of interest to 
clergy and Madhav, but whether one gets ones  livelihood while alive 
is what has to be the issue of debate today and now.

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

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