SACW #1 | 14 Aug. 2003

[Harsh Kapoor]

South Asia Citizens Wire #1 |  14 August,  2003

[1.] Violence against women in Sri Lanka ( Cat's Eye)
[2.]  Pakistan MPs to join [Peace] vigil at [India Pak.] border
[3.] A hazy vision of peace (Dr Mubashir Hasan)
+ As youth talk of ending conflict (Aqil Shah)
[4.] Commemorating Hurricane Azadi (Sir Cam)
[5.] Subverting education (M V Ramana)
[6.] Democracy, Nuclear Proliferation and US Foreign Policy
A discussion with Dr. Pervez Hoodbhoy and Dr. Zia Mian (Berkeley, Aug. 20)
[7.] Film maker speaks out against Indian nuclear nationalism BBC 
interview with Anand Patwardhan
[8.] India: Awkward Scissorhands  (Ruchir Joshi)
[9.] Word From New Delhi: Poverty and Political Freedom (Rajeev Bhargava)

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[1.]

The Island [Sri Lanka] August 13, 2003

Cat's Eye
Violence against women in Sri Lanka

The urgent need for law reform

Following calls for reform of Personal Law this article focuses on 
certain aspects of the General Law dealing with the issue of violence 
against women. As illustrated below, the legal system is gendered and 
contains many provisions, which specifically discriminate against 
women. This article examines the international human rights framework 
and Sri Lanka's obligations as signatory to the Convention on the 
Elimination of All Forms of Discrimination Against Women (CEDAW), and 
goes on to focus on the specific issues of domestic violence, divorce 
laws, rape and sexual harassment.

Article 2 of the Convention on the Elimination of All Forms of 
Discrimination Against Women (CEDAW) requires States to "pursue by 
all means and without delay a policy of eliminating discrimination 
against women" which includes the duty to "refrain from engaging in 
any act or practice of discrimination against women and to ensure 
that public authorities and institutions shall act in conformity with 
this obligation" and "take all appropriate measures including 
legislation, to modify or abolish existing laws, regulations, customs 
and practices which constitute discrimination against women." Sri 
Lanka as signatory to the CEDAW is obliged to ensure that the rights 
of women are protected and promoted. Yet, a study of the national 
legal framework clearly highlights that "the law" continues to 
discriminate against women in many aspects. Where violence against 
women is concerned the lack of specific domestic violence legislation 
and the law on rape which leaves unprotected certain groups such as 
young Muslim women between the ages of 12 and 16 are just some of the 
legal provisions which need to be amended/repealed.

Domestic violence & divorce laws

Sri Lanka does not have specific legislation on domestic violence and 
the Penal Code too does not criminalize domestic violence. 
Prosecution of domestic violence therefore has to be undertaken under 
other general sections such as Section 324-assault or Section 
311-causing grievous hurt. As pointed out in Ameena Hussein's study 
on violence against women, these provisions are however rarely used 
as social conditions prevent women from reporting incidents of 
domestic violence and even when they do, the complaints are not taken 
seriously by the authorities or informal mediation mechanisms are 
utilised to settle cases. Although the amendments to the Penal Code 
in 1995 expanded the definition of grievous hurt it did not 
acknowledge violence against women as a crime. The amendments also 
did not take into account victims who may have suffered only minor 
injuries and those subject to psychological abuse, which clearly 
points to the state not abiding by its CEDAW obligations.

As feminist legal analysts have pointed out the effectiveness of any 
proposed domestic violence legislation will be dependent on 
amendments to the laws relating to divorce. As the concept of "no 
fault" divorce does not exist in Sri Lankan law, those seeking 
divorce have to prove malicious desertion, which has been interpreted 
to include cruelty, adultery or incurable impotence. This, places a 
huge burden on a woman seeking divorce who in addition to battling 
the social stigma attached to divorce also has to deal with the 
gendered legal system. As the definition of constructive malicious 
desertion has been held to also include spousal abuse it is possible 
to use this ground to apply for divorce, but once again the woman 
carries a heavy burden of proof as she will have to prove she was 
forced to leave the matrimonial home due to fear of harm to life and 
limb.

Rape

Section 363 of the Penal Code defines rape as "sexual intercourse 
with a woman without her consent; or where her consent has been 
obtained by use of force, threats or intimidation; where she is 
judicially separated from the man; with her consent when her consent 
was obtained when she was of unsound mind, in a state of intoxication 
induced by drugs or alcohol; with her consent when the man knows he 
is not her husband and she is under the belief that she is married to 
him; with or without her consent when she is under 16 years except 
when she is his wife who is over 12 years and not judicially 
separated from him. There is no need to show evidence of resistance 
by the victim, penetration is sufficient to establish sexual 
intercourse. However, it has to be noted that this definition does 
not include the insertion of objects or other forms of degrading 
treatment.

In the case of rape the 1995 amendments to the Penal Code brought 
about some positive changes. Prior to the amendment, in addition to 
proving the act and the intention to rape beyond all reasonable 
doubt, it also had to be proven that it was without the consent of 
the victim and against her will. This meant that the physical 
resistance of the victim had to be established and lack of evidence 
of such resistance weakened the case. Post- amendment, the 
explanation to the new section reads as follows "evidence of 
resistance such as physical injuries to the body is not essential to 
prove that sexual intercourse took place without consent". Although 
the age of statutory rape was increased from 12 to 16 years, the age 
of statutory marital rape of 12 years remained the same. 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. Although the 
introduction of the offence of custodial rape was a step in the 
correct direction, the provision does not go far enough as in other 
countries such as India, where the burden is shifted to the authority 
to prove that the alleged rape did not take place. As stated in 
Hussein's report "although the measure may seem Draconian in nature, 
the victim's lack of power and means vis-`E0-vis the institution 
renders it easier for the institution to contest a charge of rape. At 
the best of times rape is a difficult crime to prove due to the 
corroboration rule; therefore, where an institution is concerned it 
would be in a better position to deal with evidentiary requirements."

The government as part of the 1995 reform of the Penal Code also put 
forward amendments which contained provisions that criminalized 
marital rape and decriminalised abortion in pregnancies resulting 
from rape. Unfortunately these provisions did not become law as the 
government withdrew them due to objections from religious groups.

Sexual Harassment

Sexual harassment must be understood to exist on the continuum of 
sexual violence against women. It is a personal attack on women's 
minds and bodies instilling fear and violating a woman's right to 
bodily integrity, education and freedom of movement. Sexual 
harassment frequently occurs on the street, in the workplace, in 
educational institutions and on public transportation. Sexual 
harassment strikes at the heart of women's economic self-sufficiency, 
disrupting women's earning capacity by forcing them out of the 
workplace or school.

The law on sexual harassment was introduced as part of the Penal Code 
amendments of 1995. Section 345 replaced the existing offence of 
outraging the modesty of a woman. The section reads as follows: A 
person who, by assault or use of criminal force sexually harasses 
another person or; by the use of words or actions causes sexual 
annoyance or harassment to another person commits the offence of 
sexual harassment. The explanation to the section states that 
unwelcome advances by words or actions used by a person in authority, 
in a workplace or any other place shall constitute sexual harassment. 
This definition is unclear and without guidelines as to what 
constitutes sexual harassment difficulties might be encountered in 
determining whether sexual harassment has taken place. It has to be 
pointed out that the explanation by highlighting actions by a "person 
in authority" precludes sexual harassment by colleagues and 
subordinates.

Formal equality vs. substantive equality

It therefore appears that although the Sri Lankan legal system has 
undergone much reform, the position of women has not improved. Formal 
equality has been achieved but how far are we from substantive 
equality? The law alone is not to be blamed; social attitudes too 
contribute to the discrimination of women. When a woman is raped, 
abused or beaten she thinks not once but many times before lodging a 
complaint at the police station. This is due to many factors: one 
factor is shame and stigmatisation by society, which in many cases 
results in the family discouraging the woman from lodging a 
complaint. Lack of sensitivity of the law enforcement sector is 
another reason women fear approaching the police as they will have to 
undergo a harrowing examination where the woman will mostly likely be 
questioned by a male police officer who will be unaware of her 
trauma. In the event the complaint is taken up, the woman will often 
have to endure a long wait until the case is heard in court. When the 
case goes to court the woman will suffer at the hands of the defence 
counsel in the guise of cross-examination. In the majority of cases, 
the judge and the prosecuting attorney too will not be sensitive but 
will instead act with little regard for the emotional state and 
dignity of the woman.

Int'l Human Rights standards

In 1992, the Committee on the Elimination of Discrimination Against 
Women adopted General Recommendation 19, in which it confirmed that 
violence against women constitutes a violation of human rights. It 
emphasises that "States may also be responsible for private acts if 
they fail to act with due diligence to prevent violations of rights 
or investigate and punish acts of violence." The Committee made 
recommendations on measures States should take to provide effective 
protection of women against gender-based violence, including:

* Effective legal measures, including penal sanctions, civil remedies 
and compensatory provisions to protect women against all kinds of 
violence, including inter alia, violence and abuse in the family, 
sexual assault and sexual harassment in the workplace;

* Preventive measures, including public information and education 
programmes to change attitudes concerning the role and status of men 
and women;

* Protective measures, including refuges, counselling, rehabilitation 
action and support services for women who are the victims of violence 
or those who are at risk with violence.

The concept of due diligence has been advanced by the judgment of the 
Inter-American Court of Human Rights in the case of Velasquez 
Rodriquez. This judgment, which represents an authoritative 
interpretation of an international standard on State duty, is one of 
the most significant assertions of State responsibility for acts by 
private actors. The due diligence requirement encompasses the 
obligation to both provide and enforce sufficient remedies to 
survivors of private violence. Thus, the existence of a legal system 
criminalizing and providing sanctions for acts of violence against 
women would not in itself be sufficient; the government would have to 
perform its functions to "effectively ensure" that such incidents are 
investigated and punished. Indicators for measuring due diligence 
would be the existence of government programmes to protect victims of 
violence, the type of investigative and other actions taken by 
police, State officials etc.

The Sri Lankan government should therefore focus on substantive 
equality rather than formal equality and take measures to effectively 
deal with violence against women in a manner which is not only 
concerned with the equal treatment of the law but also with the 
actual effect of the law. Its approach should take into account 
historic, socio-economic and cultural realities and seek to eliminate 
systemic and institutional inequality.

Reference: Hussein. A., Sometimes There is No Blood: Domestic 
Violence and Rape in Rural Sri Lanka, International Centre for Ethnic 
Studies, 2000.

_____


[2.]

Dawn [Pakistan]
13 August 2003

Pakistan MPs to join vigil at border
By Our Correspondent

NEW DELHI, Aug 12: A group of lawmakers from Pakistan will, this 
year, join peace activists in India for an Independence Day 
candlelight vigil. Mr Kuldip Nayyar , organiser of the event, said 
here on Tuesday that 15 Pakistani MPs would participate in the 10th 
'midnight peace festival' at the Wagah border on Aug 14-15.
"We, candlelight wallahs, were condemned for the last 10 years but we 
were able to change the atmosphere. People who were ridiculing us 
have been proven wrong," Mr Nayyar, president of the Hind-Pak Dosti 
Manch, said.
Pakistani lawmakers in the group include, among others, Aitzaz Ahsan, 
interior minister in Benazir Bhutto's government; Pervez Malik of the 
Pakistan Muslim League and two Muttahida Majlis-i-Amal MPs.
Mr Nayyar said he would welcome the Pakistani delegation on Aug 14 
afternoon. They are to stay in Amritsar. In the evening, they will 
attend a musical programme followed by a dinner hosted by the dean of 
the Guru Nanak University. At midnight, candles will be lit on the 
Indo-Pakistan border.
On Aug 15, the delegation will visit the Golden Temple where the 
Shiromani Gurdwara Parbandhak Committee and its members will be 
presented saropas (ceremonial swords). The delegation will also visit 
the Jallianwala Bagh memorial to freedom fighters. "Both countries 
urgently need to relax visa rules. Till then, actual people-to-people 
contact cannot be established," Mr Nayyar said.

_____

[3.]

Dawn [Pakistan], August 13, 2003

A hazy vision of peace
By Dr Mubashir Hasan

Today the foreign policy and security establishments of Pakistan and 
India are unable to see the woods for the trees. Most of their time 
is spent in meticulously maintaining the level of confrontation they 
inherited from yesteryear. They have not yet begun to fathom the 
yearnings and vision of peace and normality.
No vision of the future either for the teeming billions or for 
themselves as rulers has yet been formulated by them. They seem much 
too embroiled in reacting to what the other does. They take great 
pains in determining the exact measure of their reaction. It has to 
be commensurate with the action of the other - bus for bus, train for 
train, air flight for air flight, visa for visa. This ruling 
principle of inflicting petty tit-for-tat in the conduct of relations 
between the two countries squarely stands in the way of evolving a 
vision of peace.
I remember the day in 2000 arguing with Pakistan's minister of 
interior my plea to permit a delegation of Pakistanis to cross the 
border at Wagah on foot to attend a convention in India. He was a 
senior civil service officer acting as a minister following the 
dismissal of an elected government.
The argument that India would allow our entry made no impression on 
him. For him the Indian side allowing Pakistanis was not enough to 
allow the Pakistanis to go. He said only when the Indian government 
allows the Indians to cross at Attari, he would allow the Pakistanis 
to cross the Wagah.
Consider things more recent. Last January, an Indian peace activist 
discovered that a member of parliament of any Saarc country does not 
need a visa to enter the territory of any other member country. All 
that she or he needed was a sticker stamped on the passport declaring 
that the holder was a member of parliament. Peace activists in both 
countries welcomed the discovery and made plans to receive 
delegations from the other side.
A delegation of members of the Indian parliament was scheduled to 
come to Pakistan. The visit was to be followed by a visit of the 
members of Pakistani parliament to India. Months passed, the arrival 
of the delegation from India continued to be delayed. Some concluded 
that the government of India was in the way. The Pakistani delegation 
decided not to wait for the Indians to come first, and pressed on. 
The government of Pakistan remained neutral - neither encouraging nor 
discouraging the visit.
When only a few days were left for the Pakistani delegation to leave 
for India, a section of the Indian hosts urged the Pakistanis to 
postpone the visit for a while. They did not want the visit to be 
cancelled, but only delayed. It was presumed that the advice 
originated in their government. Since, the dates had already been 
changed, not once but twice, the Pakistanis could not afford to 
change it for a third time and decided to go ahead with their private 
peace offensive.
Islamabad was not to be left behind. As Pakistanis were about to 
leave for India they were asked by their government to postpone the 
visit. Presumably the underlying idea was that if Pakistan would stop 
Pakistani MPs going to India at the request of India, then India 
would also stop the Indian MPs coming to Pakistan at Pakistan's 
request. Apparently, the two governments were agreed on discouraging 
the members of the two parliaments to be a party, in any independent 
way, to contribute to the process of peace making. The domain of the 
governments, meticulously, to regulate their relations could not be 
allowed to be disturbed by non-government actors. That is why there 
is such contempt for tracks 2 and 3 in government quarters.
The visit of the Pakistani parliamentarians from May 8 to May 15 
turned out to be a roaring success. They discovered a huge peace 
constituency in India. All important political parties, barring the 
ruling coalition, warmly welcomed the visitors. The Indian media gave 
fantastic coverage. However, a high official of the government of 
Pakistan denigrated the visit as the government at Delhi and the 
ruling coalition had remained aloof.
Following the highly successful visit of the Pakistani MPs to India, 
a group of peace-promoting Indian parliamentarians braced for a visit 
to Pakistan. The group included members from all important political 
parties including the BJP. Pakistanis made elaborate arrangements for 
the reception of the Indian visitors at Lahore, Islamabad and 
Karachi. The estimated cost of the arrangements of over Rs 800,000 
proved to be no problem. Large and small donations in the form of 
cash and picking up the bills came in generously. The hotel chain 
that housed the guests heavily discounted its rates.
Opposition parties, NGOs and private sector promised all help in 
meeting and entertaining the visitors. The response from the 
government and other political parties and leaders was also generous. 
The leader of the ruling coalition in Sindh promised a dinner for the 
visiting MPs. The chief minister Punjab promised to host a dinner 
himself or request the Speaker of Punjab Assembly to entertain the 
visitors. At Islamabad, the Chairman of the Senate and the leader of 
the PML(Q) volunteered to entertain the Indian delegation at a dinner.
On the morning of the departure of the Indians from Delhi, the MPs of 
the BJP pulled out of the delegation although they had attended the 
press conference the evening before. It was a blow in the wrong 
direction. As the visit of the MPs (June 17 to 25), progressed 
fabulously, the tit-for-tat reaction from the side of the Pakistani 
establishment emerged on the delegation's last day in Lahore. Neither 
the invitation from the Punjab chief minister nor from the Speaker of 
the Punjab Assembly materialised. A volley of angry besieging 
telephonic exchanges between Lahore and Islamabad and within 
Islamabad revived the invitation. The dinner given by the speaker was 
attended by many ministers and legislators.
At Islamabad, the leader of the Muslim League (Q) who was to host a 
dinner in honour of the Indian MPs left Pakistan without leaving 
instructions as to who would officiate in his place. The fate of the 
dinner hung in balance. However, some Pakistani legislators of ML(Q) 
were successful in persuading their vice-president to host the 
dinner. Lo and behold, the printed and issued invitation was 
cancelled by phone on the day of the dinner by the vice-president.
In the end ML(Q) legislators had to fulfil the obligation undertaken 
by their leaders. Furthermore, the Sindhi chairman of the Senate, who 
was also acting as President of Pakistan in those days, as well as 
the chairman of the ruling coalition in Sindh, stood their ground and 
refused to be a party to the pettiness of the establishment.
In the face of the overwhelming wish of the people to cross the 
border and visit the other side and of the media of both the 
countries to freely perform its function, the establishments seem to 
be at a loss what to do. They do not know how to cope with the rising 
pressure of the people and their elected representatives.
While a large, powerful delegation of Indian parliamentarians and 
senior media persons has made it, the officials are not yet ready to 
let go on their hold on somewhat weaker entities. When a high 
official of the government of Pakistan learnt that the MPs could 
cross the border without obtaining a visa, his surprise was immense. 
"My God, Dr Sahib, the entire Pakistani parliament would be on its 
way to India", he exclaimed. As of now, members of Pakistan 
parliament are unable to get the sticker stamped on their passports 
which will allow them to cross from one border of a Saarc country 
into another. But this shall not last.
If only peace lovers would continue to mobilize the people on both 
sides of the border, the government shall have to yield. They have no 
other option.

o o o

[ALSO SEE...]

Dawn, August 13, 2003

As youth talk of ending conflict
By Aqil Shah

A Motley group of some 40 South Asian journalists, academics, 
parliamentarians and NGO representatives recently congregated at the 
Wilton Park Conference centre, a renovated 16th century English 
country house in West Sussex, for the Annual South Asia Forum on 
Strategies of Conflict Prevention and Reduction.
http://www.dawn.com/2003/08/13/op.htm#2

_____


[4.]

The Daily Times [Pakistan]
CAM DIARY: AUGUST 13, 2003
http://www.dailytimes.com.pk/default.asp?page=story_13-8-2003_pg3_5

Hurricane Azadi

While commemorating Yaum-i-Azadi (Independence Day) this week, let us 
also remember those who lived through Hurricane Azadi 56 years ago
"A terrible wind blew in 1947," recalled the 72-year-old Sikh 
gentleman. So strong was the gust that it swept Hazara Singh and his 
family from Lyallpur (now Faisalabad, Pakistan) to Jullundur (India), 
a distance of about 170 miles. Hazara Singh was born in Lyallpur 
during the British Raj, was in Pakistan at the time of partition, and 
later migrated to India. I caught up with him on a hot Sunday morning 
- his daughter is settled in Cambridge.
For one so traumatised by 'Hurricane Azadi', the wind of freedom that 
wreaked so much havoc, the turbaned Hazara Singh looked at peace with 
himself and the world. This was a man who lost loved ones, including 
a brother, as he was uprooted from his beloved Lyallpur, which he 
remembers fondly, and thrown into India as a starving refugee to 
begin a new life. In his gentle voice, with a smiling face, and a 
rare moistening of the eyes, Hazara Singh recalled his days in 
Lyallpur and the time of partition.
His grandfather had settled in Lyallpur in the 1890s, when the 
British started colonising this wasteland with the construction of 
the Lower Chenab canal. Lyallpur, named after Sir Lyall, a 
lieutenant-governor of the Punjab, was founded as the headquarters of 
this colony (Mark Lyall Grant, the present British High Commissioner 
to Pakistan is the grandson of Sir Lyall). It was renamed Faisalabad 
after Saudi King Faisal in 1977; the city, now the third largest in 
Pakistan, is also called the Manchester of Pakistan because of its 
textile industry.
A little to the south of Faisalabad is the town of Samundri, where 
Hazara Singh was born in 1931. Hazara's father, Bara Singh, was a 
painter, a 'mistry', a valued member of the community. The Sikhs of 
the Lyallpur area are said to have been 'one of the most prosperous 
group among the Sikhs anywhere'. Hazara had five brothers, one of 
whom was in Lyallpur Police (he was murdered in 1947), and a sister.
As a boy Hazara 'went to school a bit, did some farming, visited 
places, swam in the neher (canal)' and enjoyed rural life. "Times 
were difficult, but people didn't worry so much in those days. People 
wore simple clothes, usually of homespun khaddar, which the girls 
dyed. Everyone wrapped a chaddar, a sheet of cloth, under the kurta, 
the shirt."
"People happily borrowed and shared," recalled Hazara with a smile, 
"even things like shoes. If someone saw you wearing a good pair of 
shoes, people would come across and make a request," Brother, I'm 
going to a wedding in ten days so can you lend me your shoes". People 
helped each other."
In his column in The News on Sunday, Zia Mohyeddin has recalled the 
cultural atmosphere of Lyallpur in those days. "The most memorable 
Mushaira I recall was held in Lyallpur before partition. The 
octogenarian Nooh Narvi was present as indeed the inestimable Jigar 
Mooradabadi, not to mention Seemab Akbarabadi and Tajwar 
Najeebabadi... The annual Mushaira of Lyallpur had become as 
important a cultural event as the Harballab Music Festival."
Hazara remembers going to melas, singing songs, and very rarely 
watching a film. Life in Lyallpur was calm and relaxed. Then came the 
freedom movement and the turbulence, pain and joy associated with it 
and the eventual partition in August 1947. There were the odd 'gusts' 
in the period that led to independence - harassment, murder, looting 
and arson. They could never, however, imagine what was about to 
happen, especially across the Punjab. Hurricane Azadi wreaked havoc 
across the region.
However, there were many instances of communities coming together to 
protect the vulnerable and ensure peace and harmony. Hazara fondly 
remembers how the Muslims of Sumandri 'vowed to protect us' and 
insisted that the Sikh community should stay put, saying 'nahin jaan 
daina' (we won't let you go).
"Sadly, by this time some gangs of Jangli goondas (wild thugs) were 
roaming about looting and killing. People were scared and started 
moving out of their homes and embarked on the perilous journey to 
India.
"Two days before we left Sumandri," Hazara recalls a particularly 
touching incident, "My father gave away all our furniture, wheat, 
household items to his Muslim friends in preparation for our 
departure. The next day other Muslim neighbours came and said 'na 
jao' (don't go), and offered to buy us twice as many household items 
that we had disposed of. The local Muslim community 'bohat zor laya' 
(tried very hard) to make us stay put.
"In other places," recalled Hazara, "Muslims vowed on the Qur'an to 
protect the Hindu and Muslim communities." But a terrible wind was 
blowing in the area.
"Such was the hawa (wind) at the time, that people took leave of 
their senses altogether. It was madness. The killings on both sides, 
India and Pakistan, increased by the day."
In September 1947, Hazara's family shifted to Lyallpur city where 
they stayed in a refugee camp for about three months before they 
managed to get across the border by train via Lahore. It was tough in 
the camps and the train journey was even worse. Many of those who 
were not attacked died of hunger and disease. Eventually though, in 
early 1948, Hazara and his family arrived in Amritsar, before moving 
on to settle first in Jullundar and then in Hoshiarpur.
While commemorating Yaum-i-Azadi (Independence Day) this week, let us 
also remember those who lived through Hurricane Azadi 56 years ago, 
and, like them, learn to reconcile and move on. The scars of 
partition may be there, but the wounds should have healed. Time, 
surely, for India and Pakistan to turn to each other in friendship.

--
Sir Cam,
Cambridge, England

_____

[5.]

The Daily Times [Pakistan]
August 14, 2003

Subverting education

M V Ramana

School texts in Pakistan and India have been systematically subverted 
and end up promoting hatred and intolerance. This process must be 
resisted and reversed
One of the slogans of the all-controlling party in George Orwell's 
classic book 1984 was "Who controls the past controls the future: who 
controls the present controls the past." Religious fundamentalists of 
all stripes in South Asia would agree wholly. And the way they 
attempt to achieve this control is by subverting the educational 
system. After all children going to school today will be the citizens 
of the future.
Since the Bharatiya Janata Party came to power in India, the effort 
to sift the recounting of the past with the sieve of Hindutva has 
been under way. The process is much older in Pakistan. A recent 
report compiled by Prof. A. H. Nayyar and Ahmed Salim, and aided by a 
galaxy of experts, demonstrates how through and following the period 
of Islamisation in the 1980s, school curricula and textbooks have 
become systematically distorted in various ways, promoting hatred and 
intolerance. (See http://www.sdpi.org/archive/nayyar_report.htm)
Controlling the subject matter taught in schools is something all 
nations indulge in to varying degrees. If nations are, as Benedict 
Anderson contended, imagined communities, then the process of 
imagining a new community where formerly there was none inevitably 
involves sins of omission and commission. Inconvenient facts - for 
example those that derive from conflicts between the ruling and 
working classes - are often omitted. Instead some kind of united 
identity as citizens of the nation state is devised, sometimes by 
postulating conflict with some other nation.
While all states manipulate textbooks, not all manipulations are 
equally egregious. The distortions that derive from some form of 
secular nationalism are usually less virulent and dangerous when 
compared to those originating in religious nationalism. As political 
scientist Srirupa Roy has argued, the Indian state initially chose to 
define 'India' in terms of its cultural diversity (though selectively 
applied) and presented itself as the sole unifying agent capable of 
achieving order and stability. This is a much more tolerant and 
secular idea compared to the Hindutva conceptualisation of India's 
history, which postulates a unitary Hindu population under attack 
from various foreign forces - first the Muslims, then the British, 
and, to the extent that they want to acknowledge it, the Communists. 
The 3 M's (Madrasas, Macaulay and Marx) as they are sometimes called. 
This conception then furthers antipathy to Islam and selected 
'Western' ideals like secularism and democracy.
Armed with this belief system, the BJP has infiltrated educational 
institutions, especially the agencies that set curricula and produce 
textbooks, appointing people whose views are sympathetic to its 
philosophy. For example, the new textbook for Class XII entitled 
Modern India is written by Satish Chandra Mittal, a retired professor 
of history. Among his qualifications is a stated unhappiness with 
what he called too much emphasis on Hindu-Muslim unity and composite 
culture in history books. He has also stated in the Allahabad High 
Court that the Hindu deity Lord Rama was not a mythological 
personality, but a historical personality, and that he was Lord 
Almighty who trod the earth in human form.
These efforts by the BJP have been strenuously opposed. The Indian 
History Congress has set up a committee to examine the new history 
textbooks brought out by the National Council of Educational Research 
and Training (NCERT). Several state governments have decided not to 
use the new NCERT textbooks. There have been petitions in the Supreme 
Court challenging the new curricula. Regardless of the results of 
these challenges, it is clear that as long as the BJP rules India, 
its ability to further this process of communalising history and 
poisoning young minds is likely to increase.
Some idea of what this process may lead to can be obtained from the 
report by Nayyar and Salim mentioned earlier. The report is titled 
'The Subtle Subversion', which is both ironical and ominous. Ironical 
because to any objective reader the subversion should be all too 
obvious with nothing subtle about it. But the fact that it may seem 
subtle to some, i.e. the process has gone on unnoticed, is itself 
evidence of how far this subversion has permeated national 
consciousness; that is truly ominous.
Nayyar and Salim argue that the kind of history taught in Pakistan's 
schools 'leave a false understanding of...national experience'. The 
definition of Pakistani nationalism in effect excludes non-Muslim 
Pakistanis from 'either being Pakistani nationals or from even being 
good human beings.' Official school curricula also glorify war and 
the use of force, urging students to take the path of Jihad and 
Shahadat. (Though not mentioned in the report, one would expect that 
the target of the wars and Jihad is India.)
One common feature in these distorted textbooks in India and Pakistan 
is the introduction of facts that prejudice students against the 
'other' community. In the new NCERT textbook on Ancient India, for 
example, there is the intentional introduction of Osama Bin Laden in 
a box on 'cultural contacts with the outside world'. There is, of 
course, no relevance to this introduction and it seems but a clumsy 
effort to tar the entire Islamic community with the brush of 
terrorism. Similarly, A H Nayyar points out that statements like 'The 
religion of the Hindus did not teach them good things - Hindus did 
not respect women...' and 'Hindus worship in temples which are very 
narrow and dark places, where they worship idols...' are introduced 
in Pakistani curricula to create 'hate and denigration' for Hindus.
The great Arab historian Ibn Khaldun argued that the "inner meaning 
of history...involves speculation and an attempt to get at the truth, 
subtle explanation of the causes and origins of existing things, and 
deep knowledge of the how and why of events." It is such a 
conceptualisation of history that should guide school textbooks. 
Indeed the larger purpose of education itself should be to promote a 
critical understanding of the world, empowering students to make 
sense of society and eventually effect progressive social change. At 
stake is our common future.

M V Ramana is a physicist and research staff member at Princeton 
University's Program on Science and Global Security and co-editor of 
Prisoners of the Nuclear Dream

______


[6.]

Democracy, Nuclear Proliferation and US Foreign Policy
A discussion with Dr. Pervez Hoodbhoy and Dr. Zia Mian

August 20th, 6pm-8pm

<http://www.nautilus.org>The Nautilus Institute for Security and Sustainability
125 University Avenue, Berkeley, CA 94710

Over the past two years, the Bush administration has repeatedly 
stated its twin foreign policy goals: greater global security and 
greater freedom and opportunity for others -- particularly for the 
people of the Middle East. This presentation and discussion with Dr. 
Hoodbhoy and Dr. Mian -- Pakistan's preeminent pro-democracy and 
anti-nuclear advocates -- will examine the success and failure of US 
foreign policy in achieving its avowed goals. The event will focus 
on, first, the prospects of democracy in the Muslim world and, 
second, the future of nuclear proliferation. [...].


______


[7.]

BBC 4 [UK]
Storyville
Film maker speaks out against Indian nuclear nationalism

DIRECTOR INTERVIEW

ANAND PATWARDHAN
Monday 4 August 2003

BBC Four: Was there a particular occurrence that spurred you to make this film?
Anand Patwardhan: The film began out of depression. In the last few 
decades I watched my country sacrifice all the principles that once 
made me proud of our independence. Non-violence, secularism, 
egalitarianism were replaced by venality, religious strife and 
militarism. We became ashamed of Mahatma Gandhi, he was out of place 
and out of date.
I was shocked in 1974 when India tested its first atom bomb. At the 
time our government announced that having proven nuclear capability, 
it would not take further steps towards weaponization. But in May 
1998 we gatecrashed into the dubious five nation nuclear club by 
declaring ourselves to be a nuclear weapons State. For me the spectre 
of what might happen if nukes fell on India or Pakistan was matched 
by the horror of watching people celebrate their new-found power of 
destruction. Some of the celebration was based on poor information. 
We took films and slide shows about Hiroshima and Nagasaki to screen 
in working-class neighbourhoods and witnessed how quickly euphoria 
evaporated as people saw for the first time what an atom bomb 
actually did. Within weeks Pakistan replied to the Indian tests in 
kind, and a full-scale nuclear arms race was on. Now not only was 
there an ever-increasing danger of nuclear war, but the chances of an 
accidental holocaust loomed large as did the inevitability that much 
of our badly needed resources would be poured down the arms drain. 
All this motivated me to embark on the journey that eventually became 
War and Peace.
BBC Four: One of the most disturbing aspects of the film is the idea 
that it's become unpatriotic not to worship the bomb. What are your 
feelings about this trend?
AP: War and Peace is a critique of nuclear nationalism and mindless 
patriotism. In the Indian and Pakistani context this "patriotism" is 
mixed up with notions of religious supremacy which makes it that much 
more lethal but our region is not unique in this respect. It does not 
need much imagination to see that even in so-called advanced nations 
like the UK and the USA, a great deal of racism and deep-seated 
religious prejudice fuels the propensity towards righteous war and 
the belief that one's own nation is always right and that "terrorism" 
resides only in the other.
BBC Four: Why was it important for you to travel to the United States 
for this film?
AP: Because the militarism and jingoism of Third World elites comes 
from the desire to emulate Big Brother. Where once our psyche was 
shaped by British colonialism, today the object of our love-hate is 
definitely the USA. Naturally we see nukes as a legitimate currency 
of power. How could I critique our nuclear hawks without critiquing 
the fountain-head, the only nation that has ever dropped atom bombs 
on populated cities?
BBC Four: The film has faced some censorship in India. Why has that happened?
AP: For the same reason that the regime in power in the UK wanted to 
muzzle the BBC. The film asked too many uncomfortable questions, 
revealed politicians in a poor light and exposed the outright lies of 
those who dressed themselves up in the flag. I am happy to report 
that eventually we won a year-long battle against censorship when the 
High Court ruled that the film could be shown without a single cut. 
The judges stated that critical voices must be heard for the very 
health of our democracy. I hope someday the British and American 
public will be as lucky.
BBC Four: How would you describe the peace movement in India and 
Pakistan? Are you optimistic?
AP: India, Pakistan
 the world itself is on a short fuse. Pessimism 
means succumbing to death.


______


[8.]

The Hindustan Times [India] August 14, 2003

Awkward Scissorhands
by Ruchir Joshi

Imagine if every item in this newspaper, whether report, opinion, 
photograph or cartoon, were to be preceded by a stamp, 'This piece of 
writing/image has been approved for publication by the Board of 
Newspaper Censors'. Imagine if these censors thought they had the 
right to excise actual quotes from public figures, say, something the 
prime minister has said publicly because they didn't like the way the 
quotes were used in a story.
http://www.hindustantimes.com/news/printedition/140803/detIDE01.shtml

______


[9.]

Word From New Delhi: Poverty and Political Freedom
In expanding the horizon of society's possibility, democracy brings 
mental as well as political freedom, says Rajeev Bhargava
<http://www.opendemocracy.net/themes/article-3-1431.jsp>


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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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