SACW | 13 July, 2003

[Harsh Kapoor]

South Asia Citizens Wire   |  13 July,  2003

[This issue of the SACW is dedicated to the memory of Bhishm Sahni, 
the well known Hindi writer, the author of India Pakistan partition 
novel `Tamas'.  He remained deeply concerned about the dangers of 
communalism. Bhishm Sahni died on 11 July 2003 in New Delhi.

See some tributes to Sahni by Saed Mirza and Govind Nihlani:
http://www.rediff.com/movies/2003/jul/12saeed.htm
http://www.rediff.com/movies/2003/jul/12bhishm.htm?zcc=3Drl  ]


#1. Sri Lanka: Muslim personal law and women (Cat's Eye)
#2. In Life, In Death - Power and Rights (Ranabir Samaddar)
#3. No to deployment of Indian / Pakistani / Bangladeshi Troops in Iraq!
-The God option (Ruchir Joshi)
- Guerilla chowkidars of South Asia (CK Lal )
#4. 'Disappearances' in Kashmir (A G Noorani)
#5. India: [Sangh-Froid] The Path of the Parivar (Mukul Dube)
#6. India: Lies, Half Truths and Statistics: The Fine Art of 
Demonisation as Political Demography (John Dayal)
#7. India: Gujarat Riots: Getting Away With Murder (Manoj Mitta & Rohit Bhan=
)
#8. India: Zahira knocks on rights panel door (Seema Guha)
#9. India: Best Bakery case: Congress, BJP both stand accused (Ashish Mehta)
#10. India: As Ayodhya looms a tense, anxious and depressed Muslim 
community (Sagarika Ghose)
#11. India: Concerned Citizens Condemn the VHP attack on filmmaker 
Gopal Menon and his team
#12. India: Mumbai editor to be jailed for contempt
#13. Book Review: The long history of everyday communalism (Shohini Ghosh)
#14. India: Tehelka on The Weekend The People's Paper - Help Create 
=46ree, Fair, and Fearless Media
#15. Call for Submissions: Sardar Patel Award for dissertations on 
modern India submitted at  American universities
#16. India Pakistan Arms Race and Militarisation Watch  No. 124, July 12, 20=
03

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

#1.

The Island (Sri Lanka), July 9, 2003

Cat's Eye
Muslim personal law and women

Muslim personal law in Sri Lanka, as Thesawalamai and Kandyan law and 
systems of personal law in other countries, discriminates against 
women. Certain provisions relating to marriage and divorce will be 
discussed to illustrate issues of concern to women. Although section 
25 (1) (b) of the Muslim Marriage and Divorce Act states that the 
consent of the bride is essential to a marriage, in reality as her 
presence is not required when the marriage contract is concluded 
between the father or guardian of the bride and the groom, the 
consent of the bride is irrelevant to the conclusion of the marriage 
contract. In addition, the law does not make the bride's signature on 
the marriage register mandatory. The woman therefore is robbed of the 
right to make a choice free from coercion and the ability to voice 
it. The non-registration of the marriage also places the woman in a 
vulnerable position as in the event of the breakdown of the marriage 
she may not be able to claim maintenance etc. if the husband 
challenges the validity of the marriage. Like Thesawalamai, Muslim 
law ceases to apply to women if they marry outside the community. 
While women are not allowed to marry non-Muslims under Muslim law, 
men are permitted to marry women of different faiths provided their 
"religion is heavenly revealed and has a book of faith", i.e. a 
person of Jewish faith or a Christian.

Statutory rape, polygamy, divorce

While Penal code amendments of 1995 increased the age of statutory 
rape from 12 to 16 years, the age of statutory marital rape of 12 
years remained on the statute books. This provision is applicable 
only to Muslims as Muslim law allows marriage at 12 years. This legal 
loophole means that sexual intercourse with a girl over the age of 12 
years and below 16 years would not be considered rape unless the wife 
is judicially separated. The issue of polygamy also requires some 
consideration. Sections 24 (1)- 24 (4) of the Muslim Marriage and 
Divorce Act of 1951 set out the conditions for polygamy. Accordingly, 
a man may marry up to four women as long as he is able to treat them 
equally. In order to take another wife the man must give notice to 
Quazi in his area, in the area his current wife/wives live and in the 
area his intended wife lives of his intention to marry. This notice 
has to be exhibited in all mosques of these areas and the Quazi has 
to issue a certificate of receipt of notice. While the law requires 
the man to give notice to the Quazi, the consent of the current wife 
is not required. Legal commentators have pointed out that as marriage 
is viewed as a contract both parties are in a position to stipulate 
conditions. For example, the woman can stipulate that her husband 
cannot take other wives. Yet, in reality it is hard to imagine a 
woman having the power to stipulate conditions when she might not 
have the power to even withhold her consent to the marriage.

It must be mentioned that in the area of divorce too the woman is 
discriminated with the husband given the right to unconditional 
divorce while the wife's right is restricted. As Chulani Kodikara 
points out, although legal provisions exist to protect a woman 
against arbitrary pronouncements of Talaq (one particular form of 
divorce available only to the husband where he is able to obtain 
divorce with a simple pronouncement and without giving reasons), they 
have not been strictly adhered to by the courts which creates space 
for the husband to pronounce Talaq without giving notice to the Quazi 
courts and without the knowledge of the wife. In the case of Fasah 
(divorce granted to the wife without the consent of the husband), the 
woman has to show evidence of ill-treatment or fault and support her 
case with two witnesses.

Legal reform

When faced with discrimination of women by personal laws, many 
activists have called for legal reform. Yet, one has to be mindful 
that mere legal reform is inadequate to resolve this problem. The 
common assumption is that the law and legal processes are neutral and 
objective. This myth is perpetuated through beliefs that the law does 
not discriminate against any one sex or person and that the gender or 
sex of the person is irrelevant to the dispensation of justice. This 
has been challenged by many writers who have pointed out the many 
inherent biases and prejudices which plague the legal system and 
which adversely affect groups including women in numerous ways. 
Nivedita Menon states that "the very dynamic of law tends towards the 
fixing and universalizing of identity" whereby the legal discourse 
erases the particularities, ambiguities and contexuality.

Justice too has only one meaning and is based upon the assumption 
that the fixing of meaning and identity will result in a fair result. 
Contexuality and particularities are extremely important to women as 
they take complicated and individual experiences into account. We 
cannot therefore continue to view the law and legal processes as 
universal, or as a metanarrative as "the norms of justice are 
interpreted inadequately or non-inclusively." Doing so will result in 
the dominant meaning being passed off as universal while those voices 
on the margins and fringes of society being ignored. Menon argues 
that in post-colonial societies the value of indigenous discourses 
was diminished due to the establishment of law as the "only 
legitimizing discourse" which in some instances adversely affected 
the lives of women.

Disadvantaged

In this context the position of third world women is much worse. They 
are disadvantaged in two ways. In their own communities they may be 
subjected to discrimination and relegated to the private sphere. In 
addition, if they wish to be a part of the rights discourse they are 
forced to utilize the "western, rationalist language of the law." 
They are not in a position to negotiate their own methods of engaging 
with the system. They have to deal with the prejudices and biases of 
not only their own communities but also with those that the legal 
system has against women and other powerless groups. It must also be 
kept in mind that just as gender might prevent women from being 
active participants in public debate, race, class and ethnicity are 
also factors that might inhibit individuals and communities from 
engaging in public debate. Women from besieged communities who might 
have been subject to extensive state controls due to their race, 
ethnicity, class or a similar factor may take refuge in the private 
sphere of their ethnic/racial/class communities.

In its early days feminism sought refuge in "rights" which to the 
present continue to dominate the struggle to create space for women. 
Before we use "rights" as a tool for the empowerment of women it 
would be prudent to examine how they are constituted within the legal 
sphere. Rights too are considered to be universal and rely on the law 
and legal processes for enforcement. The language of rights therefore 
assumes the legal system to be neutral and objective. The language of 
rights assumes that individuals have the ability to make decisions 
unconstrained by the operation of extraneous factors. It assumes that 
every person makes a decision of his or her own will. The right to 
choose which plays a central role in the rights discourse has serious 
implications for women. In many instances women do not possess this 
right and in other instances the law and the rights discourse take a 
protectionist stance and deny the woman the right to choose. Many 
feminists have argued that in such cases the woman has to be denied 
the right to choose as due to structural and societal inequalities a 
woman's right to choose is never free of external pressures and 
influences. In the case of personal law mere legal reform is 
inadequate to bring about the desired changes, as without change in 
the position of women and the way in which society views women, 
communities will find alternate ways to continue cultural and 
religious practices which discriminate against women.

Power to make choices?

Yet, there is also the argument that to begin with the assumption 
that a woman, even when seeking to act of her own will is actually 
not doing so, robs the woman of the power and right to make choices 
and decisions. Despite the nature of the intention, it is risky to 
assume that because the woman's decision contravenes society's or 
feminist's notions of what is best for the woman it is not her own 
decision. This then is an area where women's engagement with the law 
becomes complicated and not subject to generalizations. Another issue 
that needs to be looked at is the hierarchy of rights. The rights 
discourse gives prominence to "first generation rights", i.e. civil 
and political rights that operate in the public sphere. Many women 
however live out their lives in the sphere with minimal legal 
regulation, i.e. the so-called private sphere. Socio-economic rights 
which affect the lives of many women are relegated to the second tier 
with states only agreeing to "try their best" to ensure the 
protection of those rights. It cannot be denied that certain rights 
may have different consequences for men and women. For example the 
right to freedom of religion will adversely affect many women, as 
most religious laws and rules function to restrict women's freedom. 
It is therefore evident that having blind faith in the law and the 
rights discourse will not necessarily be beneficial to women. What 
women need to do is look beyond these processes.

Diverse views on tradition and modernity

Many feminist writers acknowledge the benefits of the universal 
language of international law, and the right to choose which system 
of law one would like to governed by. But others have pointed out the 
complexities that can arise when engaging with universal values. As 
there are different forms of oppression that operate at different 
times, there could be instances where certain practices thought to be 
oppressive to women in one society might provide 'relief' to women in 
another context. As stated above human relationships and societal 
structures are complex and the multiple identities of women and the 
different spaces that they occupy at different times contribute to 
their particular position in the family or society.

In the case of women's rights within the Muslim community, legal 
reform alone is inadequate to ensure that women have the power to 
make choices about their lives and the freedom to carry them through. 
Changing the law will not change the status of women in the eyes of 
the community which might feel targeted and therefore take social 
measures to ensure the continuation of their religious traditions to 
the detriment of women. In addition to legal reform it is also 
important to encourage voices within the community that advocate for 
change and "re-engage the local". Coomaraswamy defines this is as 
"recognition that there has to be a process whereby the women of a 
particular society learn to debate, discuss and iron out problems" 
with regard to their cultures. It is therefore important to approach 
this issue from a perspective that takes in to account not only 
cultural and religious traditions but also economic and social 
progress, progressive legislation and social change, as well as 
political participation in keeping with the times.

_____


#2.

South Asia Citizens Web  |  12 July 2003

In Life, In Death - Power and Rights
by Ranabir Samaddar
Responses to questions on "Human Rights, Humanitarian Assistance and 
Conflict Transformation
At the WISCOMP workshop on conflict transformation [June 2003]
http://www.mnet.fr/aiindex/2002/samaddar062003.html

_____


#3.

Progressive South Asian Voices Against the War on Iraq - 2003
No to deployment of Indian / Pakistani / Bangladeshi Troops in Iraq!
(Updated on 12 July 2003)
http://www.mnet.fr/aiindex/iraq/

o o o

The God option by Ruchir Joshi (July 11, 2003)
http://www.hindustantimes.com/news/printedition/110703/detIDE01.shtml

Guerilla chowkidars of South Asia by CK Lal (July 2003)
http://www.himalmag.com/2003/july/southasianphere.htm

_____


#4.

Economic and Political Weekly (India)
June 28, 2003
Civil Liberties

'Disappearances' in Kashmir

The disappearance of large numbers of persons in Kashmir, what the UN 
Declaration on the subject terms as 'enforced disappearance', is a 
matter of national shame. However, it has not evoked much concern in 
the country, even from civil liberties organisations or, till very 
recently, from the National Human Rights Commission. Against this 
dismal background Zahir-ud-Din's book Did They Vanish in Thin Air?, 
which documents in authentic detail 139 cases of enforced 
disappearance, deserves the widest attention.

A G Noorani

It is hardly surprising that the disappearance of large number of 
persons in Kashmir evokes little sympathy in our country, least of 
all from the ones who loudly proclaim that Kashmir is an integral 
part of India. Even from some professional civil libertarians nothing 
more has been forthcoming than occasional expressions of lip 
sympathy. The cause does not fetch as much publicity as lighting 
candles on the Wagah border - only thereafter to plug the hard line 
on relations with Pakistan.

But those disappearances should evoke national concern. The state 
chief minister has a difficult task. His coalition partner the 
Congress is not bothered; least of all its Kashmiri 'leader' Ghulam 
Nabi Azad who has never contested a single election from his own 
state in the last two decades. The PDP came to power on the plank of 
providing the 'healing touch'. On disappearances, Mufti's performance 
has been utterly disappointing even allowing for his concerns about 
the BJP regime at the centre and its rival the Congress which is his 
coalition partner. Before long he will be faced with the same dilemma 
that faced his predecessors - how to retain his people's confidence 
as well as that of the centre. He has a tight rope to walk on. 
Especially since the union home minister L K Advani has no love for 
Kashmiris. His interest centres on the Indians with all that implies. 
None shared the grief of mourners of Goukadal and Bijbehara. Muzamil 
Jaleel pointed out courageously Advani's discrimination even in 
offering condolences to the bereaved. He and G N Azad offered 
condolences to the families of the Pundits who lost their dear ones 
in the Nadimarg massacre. The villagers of Panihad mourned alone (The 
Indian Express, April 9, 2003).

The civil liberties situation is a disgrace. In March the police 
foiled two attempts by the Anjuman-e-Shari Shian to move in the 
traditional procession of mourners during the month of Moharram. The 
chief minister promises repeatedly to release all innocent persons 
languishing in jails.

This is the backdrop to the situation in regard to disappearances. 
Shoukat A Motta and Hilal Ahmed's report in Greater Kashmir, a 
respected Srinagar daily, in the issue of April 18, 2003 is shocking. 
One wonders why similar exposes do not appear in the national press. 
They report that "going by unofficial figures, more than 6,000 cases 
of enforced or involuntary disappearances (EID) have taken place in 
Kashmir since the eruption of armed insurgency in 1989". Even the 
former National Conference government put the figure at 3,184 on 
July 18, 2002. Adding insult to injury it added that the men had gone 
over across the LoC for training. Mufti Mohammed Sayeed's figures are 
even more shocking. He told the state assembly that 3,741 persons had 
gone missing since 2000, Asian Age reported (April 18, 2003). But its 
New Delhi correspondent added that he remains impervious to the pleas 
of parents and wives who have been pleading for an independent 
Commission of Inquiry.

The Associaton of Parents of Disappeared Persons (APDP) was formed 
in 1994. Its moving spirit and patron is a senior lawyer and activist 
Parvez Imroz. Its chairperson is Praveena Ahangeer. Her 16-year old 
son Javed Ahmed disappeared in August 1991. The state high court 
ordered the prosecution of three army officers. They were transferred 
out of the state. The correspondent remarked that "Mr Mufti Sayeed 
has not proved particularly sensitive to their [disappeared persons'] 
plight and is unwilling to put the onus on the security forces lest 
it bring him into direct conflict with the centre. He has admitted, 
however, that 1,553 persons disappeared in 2000, 1,586 went missing 
in 2001 and 602 in 2002". The APDP estimates 8,000 disappearances 
since 1989.

Asian Age of April 24, 2003 reported from Srinagar that the Mufti's 
statement that not more than 60 persons have actually gone missing 
following their arrest by security forces in the last 13 years came 
as a rude shock to the people. It contradicted his own statement less 
than a week earlier. He said it at a press conference in the company 
of prime minister Atal Behari Vajpayee on April 18 in Srinagar. 
During the visit activists of the APDP staged a hunger strike in the 
city. Zahir-ud-Din of Greater Kashmir said that even in the high 
court 500 cases had been proved (The Hindu, April 24, report by 
Shujaat Bukhari).

It is all right for the PDP's president Mehbooba Mufti to say as she 
did on May 10, "I fight with my father almost every day on this issue 
[excesses by the security forces] and have been impressing upon the 
government to put an end to excesses while combating militancy" (The 
Hindu, May 11). Her father owes his office to her. It is her 
credibility which is at stake now. Lament is no substitute for action.

On May 14 at long last the National Human Rights Commission, headed 
by a former chief justice of India, A S Anand, who belongs to that 
unfortunate state, sought within six weeks information from the state 
government on the steps taken so far and the system it has 
established to address the problem. It also drew pointed attention to 
the contradictory figures of disappeared persons. It has sought 
clarification from the APDP also. All this three long years after the 
NHRC took cognisance of the matter (Kashmir Times, May 15, 2003; also 
Anjali Mody's report in The Hindu of May 15, 2003).

However, Showkat A Molla reported in Greater Kashmir of May 25 that 
the state's Human Rights Commission has received complaints of 55 
cases in this year alone, judging by its annual report for 2001-02. 
It records the fear of authority which deters the lodging of 
complaints against people "who commit atrocities". On May 25 was 
published a report by seven activists, headed by K Balagopal, 
belonging to three NGOs. On June 11 came a U-turn by Mufti Mohammed 
Sayeed: "thousands have gone missing" in the last 14 years he now 
admitted in the assembly. He added that his government was "in the 
process of collecting evidence for future course of action" (The 
Indian Express, June 13).

Against this background Zahir-ud-Din's book makes a very timely 
appearance.* His estimate is 4,000 disappearances ranging from age 
group eight to 70 years. His book documents in authentic detail 139 
cases districtwise, citing the high court's intervention in some 
cases. This is spread from pages 24 to 199 with a photograph in each 
case.

Preceding this is an analysis of the law. The text of the UN 
Declaration on the Protection of All Persons from Enforced 
Disappearances (1992) is set out. Articles 1, 2 and 3 are relevant. 
They read thus:

Article 1

1. Any act of enforced disappearance is an offence to human dignity. 
It is condemned as a denial of the purposes of the charter of the 
United Nations and as a grave and flagrant violation of the human 
rights and fundamental freedoms in the Universal Declaration of Human 
Rights and reaffirmed and developed in international instruments in 
this field.
2. Such act of enforced disappearance places the person subjected 
thereto outside the protection of the law and inflicts severe 
suffering on them and their families. It constitutes a violation of 
the rules of international law guaranteeing inter alia, the right to 
recognition as a person before the law, the right to liberty and 
security of the person and the right not to be subjected to torture 
and other cruel, inhuman or degrading treatment or punishment. It 
also violates or constitutes a grave threat to the right to life.

Article 2

1. No state shall practice, permit or tolerate enforced disappearances.
2. States shall act at the national and regional levels and in 
cooperation with the United Nations to contribute by all means to the 
prevention and eradication of enforced disappearances.

Article 3

Each state shall take effective, legislative, administrative, 
judicial or other measures to prevent and terminate acts of enforced 
disappearance in any territory under its jurisdiction.
In his Foreword, Parvez Imroz recalls that Zahir-ud-Din took up this 
cause before the APDP was formed and puts the crime in its 
international context:

The phenomenon of enforced disappearance which was a barbaric global 
phenomenon has ceased now in many parts of the world particularly in 
Latin American countries, i e, Mexico, Argentina, Colombia, Peru, and 
south-east Asian countries like Indonesia, Thailand, Philippines 
where governments are holding commissions and probing the enforced 
disappearances and are punishing the perpetrators and indemnifying 
them. Even in Sri Lanka four Presidential Commissions have been 
appointed to probe into the disappearances there. AFAD (Asian 
=46ederation Against Involuntary Disappearances) recently in Indonesia, 
during a lawyers' conference, have called for establishing an Asian 
Regional Tribunal that will have jurisdiction over all state parties 
to eliminate the violation.
In India disappearances still continue in north east states reeling 
under armed conflict. In Punjab disappearances continued since 1984 
to1994 and the clandestine cremation of hundreds of youth by the 
security forces shocked the human right groups all over.


Why can Kashmir not have a Commission of Inquiry modelled on the Sri 
Lanka Commission? It falls within the power of the state government.

* Did They Vanish in Thin Air? by Zahir-ud-Din; revised edition, 
Volume I, Owaisi Publications, Magarmal Bagh, Srinagar, Kashmir; pp 
197, Rs 100.

_____


#5.

South Asia Citizens Web  |  12 July 2003

The Path of the Parivar
by Mukul Dube (In: Mainstream vol. xli, no. 30, 12 July 2003, p.17)
http://www.mnet.fr/aiindex/2002/Dube12072003.html

_____


#6.

South Asia Citizens Web  |  12 July 2003

India: Lies, Half Truths and Statistics:
The Fine Art of Demonisation as Political Demography
by John Dayal
[July 4, 2003]
http://www.mnet.fr/aiindex/2002/dayal04072003.html

____


#7.

Indian Express (India), July 13, 2003
Gujarat Riots: Getting Away With Murder
Biased Bakery
In Godhra case, cops extra careful in recording statements; witnesses 
have POTA protection. Not for Zaheera Sheikh
Manoj Mitta & Rohit Bhan
http://www.indianexpress.com/full_story.php?content_id=3D27529

_____


#8.

The Telegraph (India), July 13, 2003

Zahira knocks on rights panel door

SEEMA GUHA

New Delhi, July 12: Best Bakery witness Zahira Sheikh has appealed to 
the National Human Rights Commission for help to reopen the case in 
which all 21 accused recently walked away free.
Zahira, who had seen 14 people being burnt alive in front of the 
bakery during the Gujarat riots, yesterday told the NHRC she had 
turned hostile in court fearing for her life and her family.
Armed with a recording of Zahira's statement and a report from the 
team sent to Vadodara to look into details of the case, the NHRC 
looks set to step in.
Although no formal decision has been taken yet, the commission has 
decided to consult eminent lawyers for tips on how to proceed.
"She has sought the help of the commission to reopen the case. Her 
statement has been placed on record by the commission," an NHRC 
statement released today said.
"Among other things, she stated that under threat to her life and 
life of the remaining members of her family, she has resiled in the 
trial court from the earlier statements made by her."
The fast-track court had been forced to acquit the accused after 
Zahira refused to identify the accused and clammed up about the March 
1 killings last year. All other witnesses followed suit. But Zahira 
later retracted her statement at a news conference in Mumbai, saying 
she had been afraid to tell the truth.
At an NHRC meeting yesterday, an interim report was submitted by the 
team that went to Gujarat earlier this week. The team has asked for 
more time to submit the full findings as much of the material given 
to them is in Gujarati and has to be translated.
The NHRC has come under criticism from some sections for not doing 
enough, especially as commission chairman A.S. Anand has said the 
acquittals were a "miscarriage of justice".
The commission had also said: "The Gujarat government must appeal 
against the verdict and if it does not, the relatives of the victims 
and complainants can also seek permission of the court and file an 
appeal against the acquittal."
But commission officials rebutted criticism of Justice Anand, saying 
the NHRC had been constantly monitoring the situation. It had also 
written to the Gujarat director-general of police to protect 
witnesses who were being threatened when reports of intimidation 
first came out.
"If witnesses turn hostile, there is little the NHRC can do," said a 
source. "Now that she has retracted what she said to the fast-track 
court, we have taken note of it.
"We will do what we have to according to the powers that laid down 
for the commission by the Protection of Human Rights Act, 1993," he 
said.
The act of 1993 says: "The commission shall perform all or any of the 
following functions, namely: inquire, suo motu or on a petition 
presented to it by a victim or any person on his behalf, into 
complaint of (i) violation of human rights or abetment thereof or 
(ii) negligence in the prevention of such violation."


_____


#9.

Best Bakery case: Congress, BJP both stand accused

By Ashish Mehta, Indo-Asian News Service

Ahmedabad, July 12 (IANS) It's not just the ruling Bharatiya Janata Party
(BJP) that finds itself cornered after new allegations in the Best Bakery
massacre case; the opposition Congress has a lot to explain too.

A Congress leader in Vadodara is alleged to have helped in securing the
silence of witnesses, and a prominent state party leader here has now voiced
protest over the "intervention" of the National Human Rights Commission
(NHRC) in the case.

The Best Bakery massacre was one of the most gruesome incidents during last
year's sectarian violence in which 14 people were burnt to death in the
bakery's ovens.

A Vadodara-based fast-track court last month acquitted all the 21 accused in
the case after most witnesses turned hostile. But the key witness, Zahira
Sheikh, later claimed before the media that she was forced to retract her
statement under threat.

The BJP has been on the defensive ever since Zahira broke her silence at a
press conference in Mumbai Monday. Her allegation: the BJP legislator from
Vadodara, Madhu Srivastava, had threatened her with dire consequences if she
were to identify the culprits in court.

The legislator is not the only one Zahira named. His cousin, Chandrakant
Srivastava, who is a Congress municipal councillor, also threatened her into
submission, Zahira claimed.

Chandrakant Srivastava, however, claims innocence. "I don't know who Zahira
is. I only know I rescued a Muslim family. I have never spoken to the
family," he said Monday.

His name, however, soon figured again in the controversy when it was alleged
that he had shifted the accused to a safer place in a bid to shield them
from the NHRC team that visited the city Tuesday.

Zahira also named another Congressman, Chandrakant Bhakt. She said he had
threatened her and had "advised" her that "her attempts to get justice would
fail as everyone is corrupt and even the judiciary had been purchased by the
accused".

Himanshu Vyas, Congress spokesperson and in-charge of Vadodara, said the
party would inquire and take action if the allegations proved to be correct.

The troubles are far from over for the party that swears by secularism. Its
maverick young leader from Ahmedabad, Yatin Oza, has also put the party in a
fix.

As head of the Gujarat High Court Advocates Association (GHCAA), Oza has
criticised the media as well as the NHRC for playing a "negative role" in
the Best Bakery controversy.

At a special meeting convened Wednesday, the association condemned the media
for "commenting upon the judgment delivered by a competent court of law".
Calling the NHRC move a "populist measure", the resolution passed at the
meeting stated that it was not within the commission's purview to hold any
sort of inquiry.

The bar association also threatened to file contempt petitions against the
media and NHRC if they did not stop "this ugly intervention". The resolution
bears Oza's signature. Oza later said he was speaking in his capacity as a
lawyer, and not as a Congress member.

Oza, a former BJP legislator, had joined Congress after differences with his
former party. In the last assembly elections, he joined the contest before
losing to Chief Minister Narendra Modi.

Oza's outbursts have left the state Congress leaders fuming. State president
Shankersinh Vaghela was quoted as saying that "he was surprised", but he
refused to elaborate.

At least 1,000 people were killed in last year's sectarian violence in the
state.

--Indo-Asian News Service

_____


#10.

Indian Express (India), July 13, 2003
In Black & White

Minority Report
As Ayodhya looms Sagarika Ghose travels through the Hindi heartland 
and discovers a tense, anxious and depressed Muslim community. 
Photographs by Mustafa Quraishi
http://www.indianexpress.com/full_story.php?content_id=3D27493

_____


#11.

PRESS RELEASE
Date: 12 July 2003

CONDEMN the spread of Fascism in India

Condemn the VHP attack on filmmaker Gopal Menon and his team.

In yet another bid to suppress basic citizens=92 rights as well as 
freedom of expression, the Vishwa Hindu Parishad (VHP) and the Kerala 
state police have manhandled well-known documentary filmmaker Gopal 
Menon and his team in a public function at Kozhikode on Tuesday, July 
8.

Gopal Menon, who has made several films on human rights violations in 
India including 'Hey Ram-Genocide in the Land of Gandhi' (that 
documented the post-Godhra communal carnage in the State of Gujarat) 
was trying to record the vituperative public speech of VHP chief, 
Praveen Togadia, when the VHP activists and the police manhandled him.

Gopal Menon was accompanied by Viju Verma and Mustafa Deshamangalam, 
who were also subjected to manhandling.

As soon as the team reached the spot at the Muthalakkulam Maidan in 
Kozhikode where Praveen Togadia was addressing the crowd, Gopal Menon 
was identified by the VHP activists. With the help of the state 
police, VHP activists manhandled all three and then threw them out of 
the venue. The VHP activists threatened the filmmakers and asked the 
police not to allow them again inside the maidan. The police 
threatened to arrest them if they failed to leave immediately.

The filmmakers argued that since the event was a public meeting, they 
had every right to attend and also film the function. But neither the 
organisers of the meeting nor the police paid any heed to basic 
ethics of media freedom or citizen rights.

The police force was evidently acting hand in glove with the VHP, 
giving protection to Togadia all through his Kerala tour aimed at 
fomenting communal hatred and violence. This was a clear instance of 
the official machinery of the State that is supposedly committed to 
secular principles being hijacked by a communal outfit like the VHP 
for its nefarious ends.
The attack on Gopal Menon is a sequel to concerted attempts by the 
VHP, RSS and BJP activists last year to disrupt screenings of several 
documentary films across the state and the State police to foist 
cases against the organisers of such film screenings.

The latest open tirade against the minority communities by none other 
than the Chief Minister of Kerala, Mr. A.K. Antony, amply proves that 
the State has already been hijacked by the VHP-BJP-RSS combine which 
is making a concerted bid to spread fascism in Kerala.

We feel that it's high time we stand up united to uphold basic 
citizen rights against the plans by the State as well as the fascist 
forces to divide the people on communal lines.
We feel that it's high time the socially-conscious citizens of the 
country joined hands to uphold the rights of expression of truth and 
reality against poisonous statements of communal politicians.
We condemn the efforts of the VHP and its ilk to spread violence and 
hatred that would lead to further bloodshed. Let's see to it that the 
fascist 'Gujarat experiment' is not repeated anywhere.

Signed/-

M.T. Vasudevan Nair
Paul Zachariah
Medha Patkar
Asghar Ali Engineer
Mahesh Dattani
Prof. Babu MathewThomas KocheriRam PunyaniCivic ChandranK.E.N 
KunhammedMukundan C MenonThis press release is available at the 
South Asia Citizens Web:
http://www.mnet.fr/aiindex/2002/PRattackonGopalMenon.html


_____


#12.

Mumbai editor to be jailed for contempt

=46rom Indo-Asian News Service

Mumbai, July 12 (IANS) An editor of the hugely popular Marathi morninger
Navakal here has been sentenced to seven days' imprisonment for contempt of
court.
While holding Jayashree Khadilkar-Pandey guilty of contempt, judges V.G.
Palshikar and Dilip Bhosale of the Bombay High Court Friday asked her to
surrender before police by July 16.
Both Khadilkar-Pandey and her father Neelkanth Khadilkar, executive editor
of the newspaper, were fined Rs.2,000 each.
The Bombay High Court had initiated suo motu contempt action against the
newspaper after it ran a series of editorials against Justice B.N.
Srikrishna using strong language in 1998.
The editorial was written by Neelkanth Khadilkar. However, his daughter, as
editor, claimed responsibility. The court did not sentence the senior
journalist on account of his advanced age.
Navakal had published the editorials against Srikrishna when he was
inquiring into the 1992-93 Hindu-Muslim riots in Mumbai.
The Khadilkars had argued before the court that the Srikrishna Commission
was not a court of law, and hence there was no contempt.
However, senior counsel S. Nephade contended that the editorials made a
number of allegations against the judge and referred to the court, thereby
lowering the dignity of the judiciary.
He also contended that the writings had attacked Justice Srikrishna in his
capacity as a judge.
The counsel for Khadilkar-Pandey sought a stay on the Bombay High Court's
order for four weeks in order to file an appeal, but the court rejected her
plea.

--Indo-Asian News Service

_____


#13.

Himal (Nepal), July 2003
REVIEW
The long history of everyday communalism

reviewed by Shohini Ghosh

Sexuality, Obscenity, Community
Women, Muslims and the Hindu Public
in Colonial India
Charu Gupta
Permanent Black, 2001
Price: INR 650, Pages 388 

The late 19th and 20th centuries witnessed concerted efforts
by Hindu middle class publicists to fashion a new social and
moral ethos. In this deeply gendered project the Muslim played
a central role as both a subject of anxiety and an object of
envy. Consequently, there was a certain ambiguity in the masculine
vision of the publicists. For some, collective Hindu nationa-list
identity was to be founded on disciplined masculinity and virtu-ous
femininity. Against this, an-other impulse valourised a sexually
charged masculinity, which ran counter to the idea of the disciplined
celibate. These competing notions of masculinity were argued
in a public sphere that was acutely fraught. Charu Gupta=92s book,
Sexuality, Obscenity, Community, is a laudable effort to grapple
with the com-plexities of this collective Hindu project. The
issues raised in the book are particularly significant in the
contemporary Indian context. Some of the major developments of
the last decade illustrate the thematic rele-vance of the book.[...]

{FULL TEXT AT: http://www.himalmag.com/2002/july/review.htm }


_____

#14.

TEHELKA on the WEEKEND The People's Paper
HELP CREATE FREE, FAIR, AND FEARLESS MEDIA

In India over the last three years, Tehelka has come
to stand for public interest journalism, exposes of
corruption, and courage under fire. For two years
Tehelka has been victimised by vested interests and a
largely corrupt establishment. This has resulted in
its complete financial ruination. But Tehelka has
refused to compromise, bend or sell-out. This has
earned Tehelka the most extraordinary goodwill and
admiration of Indians from all walks of life. It is
being continually exhorted by them to continue with
its aggressive, non-partisan, public interest
journalism. Tehelka is determined to do so.

Tehelka is now preparing to launch a varied and
well-rounded independent weekly newspaper with public
interest journalism at its core. The Tehelka paper
will not be aligned to any political party or business
house. It will represent only the people's interests.
It will be The People's
Paper.

This can best be achieved if the paper is funded by
the people. To help us create the paper we are asking
Indian citizens to come forward and buy advance
subscriptions to the paper and fund its creation. We
plan to launch in October 2003.

A year's subscription costs only Rs 520; 2 years: Rs
990; and 3 years: Rs 1,450.
Readers who wish to support us in greater measure can
take a subscription to the Tehelka Engaged Circle: Rs
6,000 for 6 years; and Rs 10,000 for 8 years.

Tehelka is also looking for two hundred Founder
Subscribers, who will pay Rs One Lakh each and be part
of Tehelka's Collegium. Already 35 people have joined
in with this subscription, including Shabana Azmi,
Shanti Bhushan, Alyque Padamsee, Mira Nair, among
others. Many more have promised.

We urge our supporters to take longer subscriptions.
Also gift subscriptions to friends.
This will ensure Tehelka has the financial resilience
to take on difficult issues.

We all know Indian democracy is going through many
crises. It needs acts of active citizenship to bolster
it. Do step forward. Support independent, public
interest media. Help create institutions that can
fight the rot.

TAKE A SUBSCRIPTION - CREATE YOUR PAPER

Advisory Board

Kuldip Nayyar, Ram Jethmalani, Anna Hazare, Sir V.S.
Naipaul, Mark Tully, Shyam Benegal, Kapil Sibal,
Alyque Padamsee, Mahesh Bhatt, Swami Agnivesh, Julio
Ribeiro

P.S.  The cheques may be made out in the name of
Tehelka, and delivered with all the subscriber's
details to C-1, Soami Nagar, New Delhi - 110017.


_____


#15.

The Department of History, UCLA, would like to announce the Sardar 
Patel Award for the best dissertation submitted at any American 
university on the subject of modern India. An award selection 
committee drawn from different departments at UCLA will evaluate 
dissertations completed between 1 July 2002 and 30 June 2003 for the 
2003 Award.

The Sardar Patel Award was instituted in 1999 and first conferred in 
the year 2000.  This annual award of $10,000, endowed by the Los 
Angeles-based organization known as the Friends of the Sardar Patel 
Association, is administered by the Department of History, UCLA.

The award is instituted in the memory of Sardar Patel, one of the 
dominant figures of twentieth-century India.  Patel was one of the 
principal figures in the Indian nationalist movement, a close 
associate and friend of Mohandas Gandhi, and the shaper of India's 
political destinies following independence.  The difficult task of 
the integration of Indian states into the Indian Union fell upon him.

Dissertations will be evaluated for their insights into the nature of 
modern Indian society, the grasp demonstrated by the writer over the 
theoretical and scholarly literature, and the clarity of exposition 
and argument. The dissertation must have been completed at an 
American university in history, anthropology, sociology, literature, 
political science, or one of the other disciplines in the humanities, 
the arts, and the social sciences. More detailed information about 
the award
is contained in the attachment.

Candidates should send TWO copies of their dissertation (preferably 
bound), SEVEN copies of an abstract of 500-1000 words, ONE copy of 
their curriculum vitae, and a letter from the dissertation supervisor 
or the department chair attesting to the completion of the 
dissertation not later than 15 September 2003 (postmarked) to:

Professor Vinay Lal
Chair, Sardar Patel Award Committee
Department of History
UCLA
6265 Bunche Hall
Box 951473
Los Angeles, CA  90095-1473

Candidates for the award should note that dissertations will not be 
returned.  By submitting their dissertation for consideration, they 
also agree to have the abstract of their dissertation placed on the 
website of the Sardar Patel Association.  The winner(s) will be 
expected to attend a ceremony in Los Angeles in late 2003 or early 
2004 at which the award will be conferred, and they are also expected 
to acknowledge the Sardar Patel Association in any publications 
related to the subject matter of the dissertation.

=46or further information, please send an email to 
vlal@history.ucla.edu, or see the website at: 
www.sardarpatelaward.com

_____


#16.

India Pakistan Arms Race and Militarisation Watch  # 124
http://groups.yahoo.com/group/IPARMW/message/135

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

SACW is an informal, independent & non-profit citizens wire service 
run since 1998 by
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The complete SACW archive is available at: http://sacw.insaf.net

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