SACW | 13 Aug. 2003

[Harsh Kapoor]

South Asia Citizens Wire  |  13 August,  2003

[1.]  India Pakistan Independence Day Events by peace groups :
- Pakistan: Candlelight Vigil for Peace Aug. 14 (Karachi) by JAC, YIP 
and others
- India: Candle light vigil on night of August 14  (Calcutta) + 
appeal to hold similar events by PIPFPD
- USA: Joint Indian, Pakistani Independence Day events in US  by 
Action group of Physicians of South Asia; Friends of South Asia;  The 
Alliance for a Secular and Democratic South Asia
[2.]  India-Pakistan children exchange programme for peace
[3.] Chief Minister linked to Gujarat massacres to visit UK - Press 
release by Women Living Under Muslim Laws Network
+ Related news reports on opposition to Modi's visit to UK
[4.] India: Who's afraid of a uniform civil code? (B.G. Verghese)
[5.] S Asian women testify to sexual abuse
[6.] Where the mind is without fear  - Marital and domestic violence 
may be a private affair but its public consequences are 
serious (Shabana Azmi)  
[7.] South Asians take gay struggle to the UN (Seema Sirohi)
[8.] Panel Discussion on "India's Dangerous Tryst with Nuclear 
Weapons" (Aug 13, 2003, Chennai)

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

[1.]

PLEASE JOIN US - pass the word to friends in other cities too.

Aug 14 2003,
Candlelight Vigil for Peace
QA Mazar (Sh-e-Quaideen gate) Karachi
7.00 pm (organisers pls be there by 6.30 pm with banners)

Organisers include Joint Action Committee and the Youth Initiative
for Peace (YIP).

The event also marks the 10th anniversary of the founding of the
Pakistan-India People's Forum for Peace & Democracy (PIPFPD) - see
msg below

beena
karachi

-----
From Tapan Bose in Ktm

Dear friends,
Our West Bengal Chapter has decided to hold a candle light vigil on
the night of August 14 to mark the year long programme for the 10th
anniversary of the founding of PIPFPD. They have also suggested that
other chapters of PIPFPD in India and Pakistan should plan similar
programmes on the night of 14th of August this year.  I agree with
their suggestion.

Holding a candle light vigil in the cities and  towns where we live
and work is a good way to reaffirm our commitment to the core concept
of the Forum - war and attempts to create war hysteria must be
outlawed. This is the first pledge of the September 2, 1994 joint
statement of Lahore that founded the Forum. The five-points enshrined
in that joint statement need to be reaffirmed again and again and
should become the main plank of our interaction with wider public in
the tenth year of our founding.

During the last three years some of our friends have been observing
candle light vigil at the Wagha/Atarai border in Punjab. I understand
this is being done this year also.  I humbly suggest that  those who
would like to go to the Wagha/Atari border post to participate in the
candle light visit should do so. At the same time I will request
members of the provincial/state chapters of the forum in India and to
hold similar programmes in their own places.
With best wishes
Tapan Kumar Bose
General Secretary
Pakistan India People's Forum For Peace and Democracy (PIPFPD)
Indian National Committee

o o o

PAKISTAN INDIA PEOPLES' FORUM FOR PEACE AND DEMOCRACY
B-14,GULMOHAR PARK (Second FLoor), NEW DELHI - 110049. TEL 
011-:26514847/26561743. FAX : 011-26511743. Email: pipfpd at pipfpd.org

West Bengal Chapter :  Muslim Institute 21 A Haji Md. Mohsin Square, 
Kolkata - 700016. PH.22444876. Fax:22162843

CONTACT EMAIL: arkamit at vsnl.com  Contact Ph.No. 91 -33-24961565

10 August, 2003  

Dear Friends,

"On 2 September 1994, twenty four wise men and women - nine from 
India and fifteen from Pakistan - signed the Lahore Declaration 
giving birth to our Forum. We will be completing ten years of our 
existence on that day next year - 2004.

Notwithstanding the very turbulent years that have passed, the Forum 
in its own modest way has contributed significantly towards cementing 
people to people contacts between our two countries, and also in 
small but meaningful ways facilitated the dialogue process at the 
political levels. The road is long and heavily mined and needs 
therefore to be navigated with caution to reach our goal of eternal 
Indo- Pakistani friendship. We are all well aware of the challenges 
that lie before us. This should therefore make us even more 
determined to evolve suitable strategies to give expression to 
peoples will and resolve for peace and friendship between our two 
countries."

In order to redeem our faith and confidence in the dialogue process 
between peoples of India and Pakistan to give expression to peoples 
will and resolve for peace and friendship between our two countries 
it was decided that our organisation will observe 10th anniversary of 
the Forum organising different programmes through out the next. 

To begin with, a candle light vigil would be organised on 14th 
August, the date signifying the date of falling out of the two 
countries.

The programme will be organised at 8pm on Thursday (14.08.03) right 
in front of Academy of Fine Arts. We solicit your kind presence in 
the said programme along with all other friends sympathetic to the 
cause to embolden the process of people to people dialogue between 
India and Pakistan.

With warm greetings,

(Amit Chakraborty)

Joint Secretary, PIPFPD West Bengal Chapter.

o o o

Dawn, August 7, 2003
http://www.dawn.com/2003/08/07/nat23.htm
Joint Indian, Pakistani Independence Day in US
By Our Correspondent
NEW YORK, Aug 6: A group of Pakistani and Indian physicians living in 
North America plan to organize a joint celebration of "Independence 
Day" of both countries from Aug 14 to Aug 16 in California, Houston, 
Boston and Atlanta.
The events are being organized by an Action group of Physicians of 
South Asia (APSA) which is also coordinating with other non-physician 
groups for such an event, Dr Zaffar Iqbal a convener of the group 
said.
Dr Pervez Hoodbhoy is expected to be the keynote speaker at the 
California event.
The efforts to bring Pakistani and Indian Physicians to work for 
peace in South Asia is coordinated by Amit Shah (Indian Physician) 
and Zaffar Iqbal (Pakistani Physician).
The APSA which was formed a month ago has 35 members with an 
objective to develop trust and exchange of ideas between Indian and 
Pakistani communities living in the United States.
Dr Zaffar Iqbal says that APSA wants to support peace initiatives 
between the two South Asian countries in order to promote tolerance 
to the diversity of South Asia and prevent rise of religious 
extremism in south Asia. APSA has setup a "Dosti Fund" to achieve its 
objectives.

[See Also:
Joint Indo-Pak I-Day celebrations in US
http://sify.com/news/international/fullstory.php?id=13219992 ]

o o o

Friends:
Please click on the below URL to read about a unique joint India-Pakistan
Independence Day celebration at midnight on August 14-15, 03.  This unique
event, a candle light vigil followed by brief remarks,  is being organized
by the Friends of South Asia (FOSA), Palo Alto, CA.  One speaker from India
(Angana Chatterji) and another from Pakistan (Pervez Hoodbhoy) will be the
main speakers.  A unique way to improve harmony between people from India
and Pakistan who live in US.

http://f2.grp.yahoofs.com/v1/0AM4P93ZHpUfQ5HoNqw6rZEMzuhEFn-2V-kSLYL0qg_zHpUrs6iL1nN8JyP0rQotX2RJiTUWiQZ5lDXLnk8JnihrUiA/joint_india_pak_indep_day.html

o o o

The Alliance (for a Secular and Democratic South Asia) in Boston is 
also celebrating Independence of South Asia jointly with all people 
from South Asia. 
For more information <info at alliancesouthasia.org>

______


[2.]

The News International, August 13, 2003
21 Indian children reach Lahore

By our correspondent
LAHORE: A group of 21 Indian children arrived here on Tuesday on a 
three-week tour by special Dosti bus under a children exchange 
programme for peace arranged by American NGO "Seeds of Peace".
http://www.jang.com.pk/thenews/aug2003-daily/13-08-2003/main/main10.htm

______


[3.]

PRESS RELEASE FOR IMMEDIATE RELEASE 12/08/03

Name of organisation: Women Living Under Muslim Laws-international 
coordination office
Email: wluml at wluml.org
Website: www.wluml.org

Chief Minister linked to Gujarat massacres to visit UK

To: Home news editors, foreign editors,

The Chief Minister of the Indian State of Gujarat, Narendra Modi, 
will visit the UK for an engagement at London's Wembley Conference 
Centre on Sunday 17th August, 2003.

Modi is a Rashtriya Swayamsevak Sangh (RSS) propagator and leader of 
the Bharatiya Janata Party (BJP), the political wing of the Hindu 
nationalist movement. As Chief Minister of Gujarat, Modi is at the 
top of the chain of the command of the State legislative, 
administrative and enforcement institutions and is also a key member 
of the Hindu right wing network implicated in the Gujarat pogrom in 
February-March 2002, in which thousands of Muslims throughout the 
state were brutally murdered, raped or driven out of their homes.

Modi's visit is ostensibly to attract British-based business to 
invest in Gujarat-there will be a 'global investors meeting' at the 
end of September in Ahmedabad. But a number of South Asian 
organisations in Britain point to the earlier massive 
misappropriation of funds collected for earthquake relief in Gujarat 
by the network of the Hindu right; they, as well as international 
human rights organisations, fear that Modi will also be using his 
current visit to gather support and funds from far-right Hindu 
organisations in Britain which will be used to promote further 
communal violence.

These organisations also fear that Modi's visit and the activities of 
his supporters will increase religious tensions among Britain's South 
Asian communities. Organisations representing a range of South Asian 
communities and groups will be demonstrating outside the meeting on 
17 August.

Many of the alleged perpetrators of the 2002 Gujarat massacres were 
acquitted in the State's courts for `lack of evidence', and impunity 
is still enjoyed by state of Gujarat cabinet ministers and officials 
who were involved in planning and committing human rights violations. 
The same impunity also extends to the lower level officials that 
implemented the plan and to the mob and its leaders that perpetrated 
the crimes. In Gujarat, the members of the Hindu supremacist groups 
Rashtriya Swayam Sevaks (RSS), Vishwa Hindu Parishad (VHP) and 
Bajrang Dal (Hindu right wing youth group) that formed the mob are 
still at large and many have not been investigated by the state of 
Gujarat courts.

Muslim victims of the Gujarat massacres continue to face an economic 
boycott and are deprived of their sources of livelihood. Women from 
the Muslim community continue to face threats of sexual violence 
andgirls are being married off in unsuitable alliances for fear of 
being sexually violated in future pogroms. The police complicit in 
the pogrom continue to intimidate Muslims in regular 'combing' 
operations.

The BJP (Bharatiya Janata Party-the political formation of the Hindu 
right) government in power in the state acquitted alleged 
perpetrators in serious cases of human rights violations. The 
Commissioner of the Enquiry Commission exonerated Chief Minister 
Narendra Modi of any involvement in the pogrom even before completing 
the hearings. Gujarat state institutions investigate crimes in which 
they are themselves heavily implicated. Modi's engagement in London 
is as a guest of the Friends of the BJP Abroad.

Applying international law to India is problematic because of its 
image as the home of Gandhi and non-violence. Few realize that India 
has been politically taken over by Hindu right, which uses the 
respectability gained by post-independence India to successfully 
disguise its Hindu supremacist agenda and genocidal intent.

(ends)

Article available

We welcome the publication of the article below, 'Gujarat experience 
explodes the myth of a strong and an independent Indian judiciary' by 
Vahida Nainar, Researcher/Consultant, International Law, Bombay, 
India. Extracts can be taken from this article or it can be used in 
its entirety without copyright restriction. Please inform us of its 
use. The author can be contacted at 07949 550526 (also the out of 
hours number).

Web links for background information:

Human Rights Watch-1st July 2003 "Compounding Injustice-The 
Government's failure to Redress Massacres in Gujarat" 
http://www.hrw.org/reports/2003/india0703/   Human Rights Watch-April 
2002 " 'We Have No Order to Save You'-State Participation and 
Complicity in Communal Violence in Gujarat" 
http://www.hrw.org/reports/2002/india/

Amnesty International-28 March 2002 "The State Must Ensure Redress 
for the Victims-A Memorandum to the State of Gujarat on its duties in 
the Aftermath of Violence" 
http://www.mnet.fr/aiindex/amnestysGujaratreport.pdf

Indian National Human Rights Commission-31st May 2002 "Final Order on 
Gujarat" http://nhrc.nic.in/guj_finalorder.htm

Specifically for women focused information: The International 
Initiative for Justice in Gujarat-19th December 2003 "An Interim 
Report" http://www.onlinevolunteers.org/gujarat/reports/iijg/

The Concerned Citizens Tribunal, 22nd November 2002 "Crime Against 
Humanity: Gujarat 2002" http://www.sabrang.com/tribunal/index.html

For information about the protest on 17th August 2003 contact South 
Asia Solidarity Group: Phone: 0207 267 0923 Email: 
southasia at hotmail.com

For further information and interviews relating to this press 
release, please contact: Vahida Nainar Tel: 07949 550526 (also the 
out of hours number)

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

Gujarat experience explodes the myth of a strong and an independent 
Indian judiciary

Vahida Nainar Researcher/Consultant, International Law Bombay, India

The level and extent of infiltration of individuals from the Hindu 
right wing network in positions of power in different institutions of 
governance in the state of Gujarat in India and their complicity in 
the pogrom in February-March 2002, left victims and survivors with 
very little hope that those responsible will be brought to justice. 
Yet, there were incidences of violence with such compelling 
testimonies that if investigated and law allowed to take its normal 
course, may have resulted in convictions. The acquittal of alleged 
perpetrators for 'lack of evidence', in one such case of the Best 
Bakery in Baroda, firmly sealed off any expectations of justice from 
the state judiciary.

Often after violence of a scale as witnessed in Gujarat in 2002 in 
which state officials was involved, there is a tendency to bury the 
past and move on. An impartial investigation would likely go against 
the government in power and expose its involvement. Political 
deal-making prevents action when the government changes and the 
opposition takes over thereby generally encouraging a culture of 
impunity to prevail. Impunity to the state officials in positions of 
power that were involved in planning, ordering and abetting serious 
crimes and human rights violations, impunity to the lower level 
officials that implemented the plan and finally impunity to the mob 
and its leaders that actually perpetrates the crimes, with each group 
having an inescapably 'guilty-mind’ hold over the other. In Gujarat, 
the members of the Rashtriya Swayam Sevaks (RSS), Vishwa Hindu 
Parishad (VHP) and Bajrang Dal (Hindu right wing youth group) that 
formed the mob, its leaders, some of the local elected 
representatives, some officers of local police stations, some of the 
cabinet ministers and finally the chief minister, Mr. Narendra Modi 
represents the chain that enjoys impunity.

The persecuted Muslim minority against whom the pogrom in 2002 was 
targeted however finds it extremely difficult to bury the past and 
move on. During the pogrom, they were often left with no identifiable 
bodies to bury and now, the ever-present threats, intimidations and 
humiliation makes even memories difficult to bury. The violence 
continues-the withdrawal of statements by victims accompanied by 
local legislative members of the state government and sympathizers of 
the Hindu right agenda at the Court in the Best Bakery Case speaks 
volumes of the extent of pressure put on the victims not to pursue 
investigation and prosecution. At many places, withdrawal of 
complaints and statements at the police stations is a condition upon 
which the victims are allowed to return to their own, often destroyed 
homes.

Life for Muslims in Gujarat is allowed but as promised by the leaders 
of the Hindu right groups only upon the 'goodwill' of the majority 
Hindus. Muslims face an economic boycott and are deprived of their 
sources of livelihood. If they are grocers, their shops have either 
been destroyed or people are discouraged to buy from them. If they 
are plying cabs they are prevented from taking fares from regular 
stands. Muslims masons and carpenters are not finding work. Licenses 
for Muslim owners of meat shops are not being renewed. Those with 20 
years of service in factories, shops and educational institutions 
have been summarily discharged. Indeed, those who survived the pogrom 
are alive but for how long under these conditions is the question.

Muslim community as a whole face severe persecution but there are 
specific ways in which women are targeted for continued violence, 
abuse and humiliation. The memories of rape, sexual abuse and 
violence remain fresh in their minds as they watch perpetrators 
roaming freely with impunity in the neighborhoods openly taunting and 
threatening women with similar violence. Women's mobility is severely 
restricted and those who did not don veil as their Muslim identity 
are now taking to it for the sense of relative security and obscurity 
it affords. Young girls are married off to unsuitable alliances for 
fear of being sexually violated in future pogroms and education of 
the girl child is severely affected. The police complicit in the 
pogrom continue to intimidate Muslims in their regular 'combing' 
operations picking up Muslim males and harassing women in their 
absence. The language used by the law enforcers in such operations is 
replete with sexual innuendos directed at Muslim women.

In the post 9/11 global politics, existing biases against Muslim 
populations everywhere but particularly where they are in minority 
has got legitimacy and sanction. Language demonizing Muslims is 
'believable'. The Gujarat pogrom itself draws its strength from what 
seems to be an international mood to go after 'Muslims' in the name 
of 'war on terror.’ The slogans used in the elections in the state of 
Gujarat in December 2002 harped on security issues security to people 
from the 'terrorist Muslims'. The network of Hindu right groups in 
India has always considered non-Hindu minorities as 'foreigners'. 
After 9/11, they project Indian Muslims as terrorist, saboteurs, 
spies working for the 'enemy Pakistan' and anti-social elements that 
Indian society need to be purged of. This has helped the Hindu right 
gain popular support and manufacture consent to their anti-Muslim 
bias and genocidal intent.

Muslims in Gujarat have no expectations of justice with the BJP (the 
political formation of the Hindu right network) government in power 
in the state. The lack of confidence stems from the acquittals of 
alleged perpetrators in most serious cases of violations, the 
Commissioner of the Enquiry Commission exonerating Chief Minister 
Narendra Modi of any involvement in the pogrom even before completing 
the hearings and the general anti-Muslim biases and attitudes of 
police, prosecutors and judges in the state. The Supreme Court of 
India ordered a re-trial of the Best Bakery case which inspires 
confidence that the judiciary of the highest order in the country 
would step in and uphold the constitutional guarantees of right to 
life, freedoms and protection of minorities. The problem with the 
order however is the faith the Supreme Court shows in the Gujarat 
state institution’s ability and willingness to investigate and 
prosecute crimes in which they are themselves so heavily implicated. 
Twenty months into the pogrom, a number of public interest 
litigations filed at the Supreme Court of India by concerned citizens 
requesting that investigations of major cases of violations be moved 
to the relatively neutral Central Bureau of Investigations (CBI) are 
yet to be heard. Nor did the Supreme Court add that in its recent 
order that investigations for the re-trial of the Best Bakery case be 
done by the CBI. Such show of confidence by the Supreme Court would 
only result in sham trials with the most vulnerable of the alleged 
accused made the 'fall guy.'

With lack of avenues of justice nationally, the question of 
applicability of international law to the Gujarat situation arises. 
The problem however with even beginning to think of the 
practicalities of applying international law is India’ image in the 
international community. India, to many, is still Gandhi’s India with 
commitment to policies of non-alignment, democracy, non-violence and 
respect for rule of law. That over the last decade or so, India has 
been politically taken over by Hindu right network is not widely 
known. There is also tremendous difficulty in the international 
community to imagine contemporary India as fascist, nationalist and 
genocidal. The Hindu right government in power has essentially used 
the clout, respect and credibility gained as a result of India's 
post-independence policies of non-alignment to successfully disguise 
its fascist and nationalist agenda.

Those responsible for the Gujarat pogrom must be held accountable. If 
national systems fail the victims and survivors, international 
mechanisms must be invoked. For when crimes as serious as genocide is 
in the making, no matter where, it ought to be the concern of 
humanity as a whole. -ends-

Women Living Under Muslim Laws international solidarity network 
Email: wluml at wluml.org Website: http://www.wluml.org


o o o o

[RELATED NEWS MATERIAL ON MODI's UK TRIP]

The Times of India , August 13, 2003
http://timesofindia.indiatimes.com/cms.dll/xml/uncomp/articleshow?msid=127617

Modi's UK trip enthuses none

RASHMEE Z AHMED
Times News Network [Tuesday, August 12, 2003 10:53:14
PM ]
LONDON: Whisper it softly, but Gujarat chief minister
Narendra Modi is soon to begin a potentially
high-value, high-profile European roadshow to sell his
state to overseas investors, even as the British
government officially cold-shoulders him and Indian
officials try and pretend he isn't coming at all.

Modi, whose UK visa was issued only on Friday, just a
week before his scheduled arrival, appears to have
become one of the most sensitive bilateral issues in a
long while.

The issue is so sensitive that till late on Tuesday,
Indian  officials were refused to confirm Modi's very
arrival in London on the grounds that there was "no
official confirmation from Delhi".

And a British foreign office spokesman stressed,
"Modi's arrival is not at the invitation of Her
Majesty's Government nor does the government plan to
have any contact with him while he is here".

Just days before Modi is scheduled to address a huge
meeting at London's Wembley Arena, a venue often used
by pop stars, the Indian High Commission was unable to
specify its plans to felicitate him.

Meanwhile, a snowballing campaign is already battling
to lobby British prime minister Blair and foreign
secretary Straw to prevent Modi's Wembley
show-stopper.

But to put that in context, Blair receives some 8,000
similar petitions a week and his aides confess they
haven't "found" the Modi letter just yet.

The letter to Blair, compares the case for a British
government "ban on Modi's UK visit" to that of the
controversial American Nation of Islam leader Louis
Farrakhan, who was unusually prevented in 2002 from
setting foot on British soil.

But British officials insisted "there were no
appropriate grounds to refuse Modi a visa", even as
they pointed out the UK's continuing concern "raised
to the Government of India at the highest level .over
reports that the government of Gujarat did not do as
much as it could to prevent and end the violence".


The letter to Blair is written by Leicester's Indian
Muslim Association, which apparently has close and
comradely links with the Swaminarayan sect. But
unusually, it appears to have the endorsement of a
British priest who worked in India and claims some
knowledge of Modi's words and deeds.

Another letter to Straw by the Council of Indian
Muslims is supposed to be supplemented by further
letters from several British MPs, who believe "the UK
should not allow Modi to raise more money here to fund
violence in Gujarat".

o o o

The Telegraph, August 13, 2003
http://www.telegraphindia.com/1030813/asp/nation/story_2260231.asp

Modi protest

New Delhi, Aug. 12: South Asian secular groups are planning to picket 
Gujarat chief minister Narendra Modi when he visits Britain later 
this week, reports our special correspondent.

The South Asian Solidarity Group, the Indian Council of Muslims and 
other outfits are planning the protest against Modi for being the 
alleged architect of the Gujarat carnage that occurred after the 
Godhra train burning last February.

Modi will tour Britain to attract investment for Gujarat.

He may deliver a lecture, organised by the Overseas Friends of the 
BJP, at the Wembley Conference Centre in London on August 17.

o o o

The Hindu, August 13, 2003
Opposition to Modi's visit to UK
http://www.hinduonnet.com/thehindu/holnus/01122208.htm

London, Aug 12. (PTI): A UK-based Indian Muslim organisation has asked the
British Government not to grant visa to Gujarat Chief Minister Narendra
Modi, for his proposed visit this month.

The Council of Indian Muslims, in a letter to British Foreign Secretary Jack
Straw, said Modi's visit poses a "great danger to race relations" and as
such he should not be granted visa.

Modi is scheduled to pay a four-day visit to the UK from August 16 to
attract NRI investment.

______


[4.]

The Hindu, August 13, 2003

Who's afraid of a uniform civil code?
By B.G. Verghese

A uniform civil code will focus on rights, leaving the rituals 
embodied in personal law intact within the bounds of constitutional 
propriety.

THE SUPREME Court's lament about the country's failure to adopt a 
uniform civil code as enjoined by Article 44 of the Constitution has 
revived a debate that will hopefully not be swept under the carpet 
again. The entire issue has unfortunately been distorted and 
misdirected from its very inception. Ideologues have deliberately 
used it as a stick with which to beat the minorities, and Muslims in 
particular, through the threat of a majoritarian homogenising 
principle destructive of the precious identity markers seen in the 
existing diversity of personal laws.

The bogey that a uniform civil code necessarily entails the repeal of 
personal laws needs to be laid to rest. This is simply not so. The 
existence of the Indian Special Marriage Act or the Indian Succession 
Act has not extinguished personal laws in this regard. On the 
contrary, the Special Marriage Act, a uniform marriage code for all 
Indians, was regressively amended in 1976 to provide that Hindus 
marrying under it would continue to be governed by the Hindu 
Succession Act.

Per contra, the Supreme Court's latest obiter on the virtues of a 
uniform civil code occurs in a ruling that strikes down certain 
discriminatory provisions in the Indian Succession Act barring 
Christians from bequeathing property to religious and charitable 
trusts. Again, Goa's uniform civil code, a welcome legacy of 
Portuguese colonial rule, now happily co-exists with a variety of 
personal codes available to followers of particular faiths. But it 
makes available an option and underlines the point that a uniform 
civil code and personal laws do not represent an either/or choice and 
that the one does not mandate the obliteration of the other.

If enacted, a uniform civil code will be one among many and, like the 
Special Marriage Act, an option. This is guaranteed by the 
constitutional provisions pertaining to the right to freedom of 
religion. Both Article 25 (freedom of conscience and free profession, 
practice and propagation of religion) and Article 26 (freedom to 
manage religious affairs) are, however, subject to considerations of 
public order, morality and health and to the values enshrined in all 
other fundamental rights such as equality and social justice. Article 
29 separately protects the cultural rights of the minorities.

Article 25, while protecting religious freedom, also empowers the 
state to regulate or restrict any economic, financial, political or 
other secular activity which may be associated with religious 
practice. This introduces an important distinction between sacred and 
secular. Thus practices such as witchcraft, superstition, ordeals, 
`sati,' child marriage, prohibitions against widow remarriage, caste 
discrimination, triple talaq and polygamy may be and have been barred 
or regulated. However, whether and where a boundary is to be drawn 
could be contentious.

While religious ideologues have been responsible for derailing a 
rational debate on a uniform code, secularists have done the nation 
grave disservice by opposing movement towards a uniform code or 
reform of personal law. A touch-me-not secularism has resulted in 
stalling the process of modernisation and social reform by pushing 
large sections of emotionally besieged and ghettoised Muslims and 
even Christians into the arms of the religious orthodoxy. One needs 
to be wary of the liberal secular ideal becoming a narrow and hollow 
`ism.'

A uniform code has been wrongly posited as an assault on religion and 
religious identities. What it essentially aims at is secular reform 
of property relations in respect of which all religious traditions 
have grossly discriminated against women. A uniform civil code is, 
therefore, foremost a matter of gender justice. But male chauvinism 
and greed have joined with religious conservatism to forge an unholy 
alliance to perpetuate a major source of gender discrimination 
thereby impeding the modernisation of social relations and national 
integration.

There is a larger reason for a uniform code. With the slow but steady 
empowerment, modernisation and even globalisation of Indian society, 
the country's real diversity is becoming manifest. Cohort after 
cohort of the long suppressed and submerged underclass is thrusting 
up from below to claim its place in the sun as equal citizens who 
will not be denied their fundamental human rights. In the process, 
they are breaking traditional barriers of community, caste, race, 
region, language and gender, challenging the old and increasingly 
outmoded social order of which conservative personal laws are a part. 
Iniquitous social prohibitions and restraints, including on women, 
are now being falsely portrayed as religious verities to thwart 
secular reform.

Today, with growing education, migration and economic and social 
mobility, unknown and earlier socially prohibited relationships (for 
example, inter-caste, inter-regional, inter-community marriages and 
divorce and the acquisition and disposal of self-acquired property by 
women) are becoming increasingly common. In the circumstances, there 
could be social breakdown, heartburn and strife even among couples of 
the same community without a uniform civil code. Traditional personal 
codes do not accommodate emerging multicultural realities and 
aspirations. On the other hand, suppressing them could engender 
violence or deviant behaviour, undermining public order. The Special 
Marriage Act fortunately provides a safety valve. But it is absurd 
and regressive that Muslim and Christian Indians cannot legally adopt 
a child for lack of a uniform code on adoption.

These inhibitions and barriers apply across the board. Despite some 
reform and codification of Hindu law, there is a long way to go. Try 
touching the Hindu Undivided Family, once a relevant social concept 
but now largely a tax haven, and a huge outcry may be expected. There 
is today extant not one but several Hindu, Muslim, Christian and 
other personal codes. Therefore, quite apart from legislating an 
optional uniform civil code, it is necessary to codify and reform the 
many prevailing personal laws to bring them in line with the values 
and principles of the Constitution and the realities of contemporary 
social life. This applies equally to customary tribal laws and 
religious practices that variously enjoy constitutional protection.

The country therefore needs a twin strategy. An optional uniform 
civil law should be promoted by the state. Clerics, among others, 
should be heard but must not prevail on issues of secular life that 
are beyond their province. This is essential if we are to invest new 
meaning in India's secular ideal and rescue Muslims from malicious 
accusations of hindering national integration. At the same time, all 
religious communities must be encouraged to debate and support 
codification and reform of personal laws. If, Egypt, Iraq, Pakistan 
and Indonesia have reformed Muslim personal law, there is no reason 
why Muslim Indians should not follow suit. But if Muslims are to move 
in this direction there must be no more Gujarats with state 
connivance and the Best Bakery variety of justice.

A uniform civil code will focus on rights, leaving the rituals 
embodied in personal law intact within the bounds of constitutional 
propriety. Being optional, it will provide free choice and facilitate 
harmonisation of social relationships across the country in keeping 
with the changing contours of emerging societal realities. A uniform 
civil code should not be constructed, as sometimes suggested, by 
putting together the best elements from various existing personal 
codes. This will invite contention. It is far better that a uniform 
code is framed de novo by some body like the Law Commission, in 
consultation with relevant experts and interests, as a citizens' 
charter governing family relations.

A liberal, forward-looking uniform civil code may be expected to win 
many adherents, especially from those with cross-cultural 
backgrounds. This could in time induce custodians of faith to look 
inwards and seek to codify and reform age-old personal laws in 
conformity with current modernising and integrative tendencies or 
risk losing their flock.

If the Centre is unwilling to move forward, there is no reason why 
some progressive States should not take the lead as they have done in 
the case of legislating Freedom of Information Acts. A national 
uniform civil code could follow. Goa has shown the way and there is 
absolutely no reason for delay. A secular India needs a uniform civil 
code. To mark time is to march with the communalists.

_______


[5.]

The Daily Star [Bangladesh]
August 13, 2003

S Asian women testify to sexual abuse
Staff Correspondent
Some 3,000 women shared the emotional testimonies of trafficked and 
HIV-infected women of South Asia yesterday, the second day of the 
South Asia Court of Women on the Violence of Trafficking and HIV/AIDS 
in Dhaka.

The court is being hosted at the Bangladesh-China Friendship Centre 
by Unnayan Bikolper Niti Nirdharani Gabeshona (UBINIG) and 
Narigrantha Prabartana as part of a worldwide initiative taken by the 
Asian Women Human Rights Council (AWHRC) in partnership with the 
United Nations Development Programme (UNDP) and OXFAM South Asia.

Highlighting the four major circumstantial insecurities for women in 
South Asia in four sessions, the testifiers -- women and children 
either trafficked or infected with HIV/AIDS -- described their myriad 
ordeals of how these insecurities were linked to trafficking and its 
subsequent links to HIV/AIDS.

Speaking to The Daily Star, UBINIG, Bangladesh representative Farida 
Akhtar said the court is to encourage the protection of women from 
exploitation as they migrate or "move" due to the compelling 
insecurities faced by South Asian women.

The UBINIG representative was hopeful that the tales of suffering and 
the resilience of the testifiers would "inspire and positively 
inform" other suppressed women in South Asia.

Akhtar spoke of the increasing awareness about trafficking and 
HIV/AIDS among rural women in Bangladesh as opposed to the popularly 
held view that the modern urban women are more aware of the issues.

The sessions revealed marginalised aspects of trafficking. In the 
session titled "Redefining Issues: Different Faces of Trafficking", 
Sojib, a testifier from Bangladesh, described how he was trafficked 
via India to the Middle East to become a camel jockey.

The session also identified forced marriage, forced adoption and 
domestic help as other forms of trafficking that render both women 
and children vulnerable.

"I don't want this to happen to any woman", said Naila, a Pakistani 
girl who was raped in police custody, while speaking in the session 
titled, "Victimising the Victim: Human Rights Abuse". She echoed the 
sentiments of a number of other testifiers.

Introduced by background information from expert witnesses and 
powerful poetry presented in multimedia formats, these sessions 
contained testifiers sweeping the South Asian countries.

The other sessions were focused on "Migration and Movement: 
Globalisation and Human Insecurity", and "Borders and Boundaries: 
Wars and Inhuman Security."

An expert panel of six juries, comprising such globally prominent 
activists as Winnie Mandela, Gayatri Chakravorty Spivak, Salma 
Sobhan, Faryal Ghaur, Gopal Siwakoti, and Pam Rajput, listened to the 
testimonies. After hearing all the sessions they incorporated the 
testimonies into their own critical thought to provide a new insight 
into trafficking and HIV/AIDS.

The court is the first of its kind to be held in Bangladesh and 
follows 17 others held on different women related issues around the 
world.

A cultural programme was also performed by eminent Lalan song 
exponent Farida Parvin, indigenous dancers and Baul instrumentalists.

_______


[6.]

The Deccan Herald [India]
August 13, 2003

IN PERSPECTIVE
Where the mind is without fear 
Marital and domestic violence may be a private affair but its public 
consequences are serious 

By Shabana Azmi  

More than eight out of ten men commit violence against wives; four 
out of ten use physical violence against their wives; and one out of 
every two men commits sexual violence against his wife.

What else do we know? One out of three men engage in violence while 
their wives are pregnant. One out of three men indulge in physical 
violence that causes injury to their wives.

As we prepare to celebrate India's 57th Independence Day, I wish to 
focus on two issues that are restricting social opportunities for 
people in India. Domestic violence and communal violence are 
acquiring disturbing dimensions - one within the private sphere of 
the household and the other in the public domain of civil society.

What is even more shocking is that alarmingly high proportions of 
husbands justify the use of force. Some 80 per cent of husbands feel 
that force is justified if the wife is disrespectful towards them or 
their families. Some 60 per cent justify force if the wife does not 
follow their instructions.
Who are these men? They are all Indians. For some two years now, 
Indian researchers and activists, supported by the International 
Center for Research on Women (ICRW), have been exploring the 
much-neglected issue of domestic violence and masculinity in India. 
The data pertains to studies in Rajasthan, Tamil Nadu and Punjab.

Nobel laureate Amartya Sen sees development as an expansion of 
freedoms - from want, hunger, exploitation, political suppression and 
so on. But then the assessment of progress must include freedom from 
fear as well. In fact all other freedoms lose their shine and become 
meaningless unless all individuals are ensured a life without fear.

Cultural pluralism 
Marital and domestic violence may be a private affair but its public 
consequences are too serious. Violent behaviour spreads quickly from 
the home to the community, and finally to the society. Children who 
witness domestic violence are more prone to repeat such action when 
they grow up. Now, let us move to communal violence. I grew up in a 
commune-like situation in Mumbai since my father was a member of the 
Communist Party. 
All festivals - Holi, Diwali, Eid, Christmas and Ganesh Chaturthi - 
were celebrated with great fervour. On August 15 and January 26 we 
would be put in an open truck to view the festive lights that lit up 
the city.

Having grown up in a cosmopolitan atmosphere, I took for granted the 
pluralism of Indian culture. So in the post-Babri Masjid days when 
the word 'Muslim' was hurled at me as an accusation, I was shocked.

For me being Muslim was Urdu, Biryani, Eid and Gharara-Kuita - it was 
a cultural identity just as much as Holi, Diwali and phooljharis 
were. But suddenly the fact that I was born into a particular 
religion was being forced on me as my only identity. (However, this 
is not the truth in entire India, India's greatest strength is her 
pluralism and her composite culture.)
If you ask me who I am, I will say I am a woman, an Indian, an actor, 
a Member of Parliament, a Muslim, a daughter, a wife and so on. My 
being Muslim is only one part of my identity. Unfortunately, an 
attempt is being made to compress identity into the narrow confines 
of a particular religion one was born in.

Eluding justice
Communalism must be understood as a political ideology that whips up 
grievances related to the past, some real and some imaginary, that 
need to be redressed in present times, and thus a means for 
contemporary political mobilisation. It has practically nothing to do 
with religion except to use it in a manner that is divisive and 
destructive.

The violence thus unleashed continues to fester because justice never 
seems to be done. In riot after riot nobody gets punished. The 
brutalised community thus feels marginalized and loses faith in the 
State's ability to provide redress, giving rise to insecurity and 
suspicion.

The first casualty of violence is social opportunity to live a 
dignified life, finding employment or even basic health care. 
Distrust is among the root causes of such violence, be it is domestic 
or communal violence.
On the 57th Independence Day let us celebrate India's pluralism, her 
composite culture, her diversity - real strength of our 
multi-religious, multi-lingual and multi-ethnic society.

______


[7.]

Asia Times, 8 August 2003

South Asians take gay struggle to the UN
By Seema Sirohi
WASHINGTON - A movement, headed by South Asians, is taking shape to 
challenge the United Nations system to protect the human rights of 
gay minorities around the world, as envisaged in the Universal 
Declaration of Human Rights, which proclaims that "all persons are 
born free and equal in dignity and rights".
Activists are creating pressure points to generate awareness around 
the issue, building on various UN treaties that protect people's 
rights. It is the fervent hope of several prominent gay politicians 
and activists who raised the issue inside the UN this week at an 
unprecedented meeting that countries will be pulled up in future for 
persecuting homosexuals.
Leading the explosive battle are South Asians who held the first-ever 
high-powered seminar at the UN headquarters on Monday, with two 
openly gay politicians from the US and Canada as panelists. Prominent 
South Asians in the UN system have contributed to the debate both by 
organizing and by meticulously documenting cases of people who are 
routinely persecuted, jailed and even executed by governments because 
of their sexual orientation.
These efforts have been strengthened by the work of Siddharth Dube, a 
well known Indian writer who is now with the United Nations 
Children's Fund. He enlisted the support of other senior UN officials 
and built on the work done by the likes of Abid Hussein, former 
Indian ambassador to the US, and Asma Jahangir, a human rights 
advocate and lawyer from Pakistan. Both Hussein and Jahangir were UN 
special rapporteurs and reported on human rights violations, 
including how sexual minorities might be targeted for harassment and 
denied freedom of expression.
"We want to encourage more discussion and show how widespread the 
abuses are. The most accepted abuses in a country tend to be those of 
sexual minorities," says Dube, who has written path-breaking books on 
poverty and the AIDS crisis in India. Unglobe, the union of the UN's 
gay and lesbian employees, scored a goal of sorts when it succeeded 
in getting Secretary General Kofi Annan to attend. Supporting these 
efforts were Shashi Tharoor, under secretary general for 
communications, and Nitin Desai, under secretary general for 
sustainable development. Both Tharoor and Desai are staunch 
supporters of human rights issues.
Annan made a brief statement in favor of "tolerance", without 
advocating a course of action. But his mere presence was a signal 
strong enough to cheer the group. In a statement issued later, Annan 
said through his spokesman, "The United Nations cannot condone any 
persecution of, or any discrimination against, people on any 
grounds." But he also added that there was "a wide range of opinion 
on the issue among member states, with very strong feelings on both 
sides of the argument, and he does not believe this is something the 
United Nations should get involved in".
The message was clear - while the time may have come for the world 
body to face this volatile issue and wade through the political 
thicket of taboos, deep-rooted prejudice, cultural squeamishness and 
insecurities, he can only encourage by example, not by prodding his 
member countries.
But others in the UN system were more willing to take sides. 
Statements of support were read out from the heads of several UN 
agencies, including Mark Malloch Brown, the administrator of the UN 
Development Program, and Carol Bellamy, executive director of the UN 
Children's Fund. Dr Peter Piot, head of the Joint UN Program against 
HIV/AIDS said, "Homophobia continues to have a devastating impact on 
individuals, communities and societies today. Persecution of sexual 
minorities is all too common." He asked that the principles enshrined 
in the UN Charter are upheld for all people. The senior UN leadership 
is clearly willing to be part of the momentum, but will they continue 
to speak out when they clash with the crude realities of donor 
country politics, bloc loyalties and continental divides?
Nearly 70 of the 191 UN member countries have a ban on homosexuality, 
many with severe penalties. The issue created a storm in April in 
Geneva at the UN Human Rights Commission when Brazil, with the 
support of some European countries, proposed a resolution expressing 
"deep concern at the occurrence of violations of human rights in the 
world against persons on the grounds of their sexual orientation". 
Muslim countries were outraged and the resolution was eventually 
blocked by five countries - Pakistan, Libya, Saudi Arbia, Malaysia 
and Egypt. India worked to "postpone" the resolution in an obvious 
effort not to make the hard choice, while the US indicated it would 
abstain in case of a vote.
Paula Ettelbrick, a lawyer with the Human Rights Watch, said that 
African countries were "totally opposed" to the resolution, alongside 
Muslim countries. Asia and Latin America were divided, while many 
European countries were in favor. Another human rights activist said 
that persecution of gays is rampant in Africa. Political leaders in 
Namibia and Zimbabwe often refer to gays and lesbians as "worse than 
dogs" and "vermin" that should be exterminated. Difficult as it may 
be to imagine that such language can by publicly used by politicians, 
hatred of gays is common. Human Rights Watch receives an average of 
500 emails and letters from gays for help in securing asylum in the 
US. "These are the people we hear from, but there are millions of 
others who can't speak out," Ettelbrick says.
Svend Robinson, an openly gay member of the Canadian parliament who 
was a panelist this week, said the countries which "gutted the 
resolution" in Geneva are supported by the Vatican and some Catholic 
countries. The UN, which fights for the rights of political 
minorities from East Timor to Western Sahara, must "speak out" on 
this issue, he exhorted. Barney Frank, a US Congressman, echoed the 
sentiment. Other panelists included Anthony Appiah, an eminent 
professor of philosophy at Princeton University and the author of 
several acclaimed books. They urged the UN to lead rather than follow 
on this politically sensitive issue.
A resolution on the rights of sexual minorities is likely to surface 
again next April in Geneva as international developments surrounding 
gay rights set the tone. US President George W Bush and the 
Republican right made it clear last week that they oppose gay 
marriages, but the Episcopal Church this week voted to elect its 
first openly gay bishop, in New Hampshire. The Vatican also spoke out 
against same sex marriages, saying that they are deviant and urged 
Roman Catholic politicians to vote against laws recognizing them. It 
is against this thorny backdrop that Unglobe is urging that the UN 
take the lead in clearly recognizing human rights of homosexuals in 
international treaties.
Precedents already exist, say experts. In 1994, the UN Human Rights 
Committee ruled in Toonen vs Australia that laws prohibiting sexual 
contact between consenting adults were a violation of fundamental 
human rights to privacy as defined in Article 17 of the International 
Covenant on Civil and Political Rights. Since that ruling, the 
committee has been calling for the repeal of sodomy laws. Asma 
Jahangir, a UN special rapporteur on extra judicial, summary or 
arbitrary executions, Radhika Coomaraswamy, rapporteur on violence 
against women, and Abid Hussein, who reported on the freedom of 
expression, all recorded rights violations against sexual minorities. 
The UN committee on economic and social rights has raised the issue 
of sexual orientation while discussing employment, housing and 
distribution of goods and services. Similarly, the UN committees 
dealing with the rights of women and the rights of the child have 
told governments that sexual orientation is a human rights issue.
But all this has been done quietly and in small doses. It is a far 
cry from asking governments to vote "for" the rights and one can only 
imagine the heat that will be generated when the resolution is 
offered next year. As Kofi Annan said, feelings are strong on both 
sides of the divide. Even on the issue of granting benefits to gay 
partners of UN employees - also a major demand of Unglobe, Annan was 
less than forthcoming. He said he stands by the UN's long-standing 
principle that an employee is subject to his country's laws. Partners 
are not even given passes to enter the UN building and are eons away 
from getting health insurance, pension and travel benefits. The two 
"significant others" in the UN family - the World Bank and the 
International Monetary Fund - already grant those benefits to gay 
couples, according to Dube.
Fred Eckhard, Annan's spokesman, explained, "Our current policy is to 
factor in the national laws of the staff member involved, and every 
nation has different laws on this matter. So we are weighing all of 
that information now as we contemplate a possible new policy on 
benefits to staff members who are in something other than a 
traditional marital relationship."
The fault lines may not yet be clear, but a debate has certainly 
begun. If the activists retain the momentum, there could be fireworks 
as various governments join the debate.

______


[8.]

Panel Discussion on August 13, 2003 "India's Dangerous Tryst with 
Nuclear Weapons" on the occasion of the publication of Prisoners of 
the Nuclear Dream edited by M V Ramana and C Rammanohar Reddy 
(published by Orient Longman) at 6.15 p.m at The Bookpoint 
Auditorium, 160, Anna Salai. [Chennai, India]



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

Buzz on the perils of fundamentalist politics, on matters of peace 
and democratisation in South Asia. SACW is an independent & 
non-profit citizens wire service run since 1998 by South Asia 
Citizens Web (www.mnet.fr/aiindex).
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.

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