SACW | 31 Oct. 2003 India / Hindutva / Partition / Law - Morality

Harsh Kapoor aiindex at mnet.fr
Fri Oct 31 04:16:46 CST 2003


SOUTH ASIA CITIZENS WIRE   |  31 October,  2003

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[1] India: Orissa: A Gujarat in the making
[2]  Book Review [ 'Divided Countries, Separated Cities: The Modern 
Legacy of Partition'] Displaced people in their homeland  (C P 
Bhambhri)
[3]  Book Review ['Indian Realities: In Bits and Pieces'] Reality 
bites  (Inder Malhotra)
[4] India: Law, Crimes and Morality (Rakesh Shukla)

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

[1]


Communalism Combat
October  2003
Special Report


Orissa: A Gujarat in the making

With little resistance to its aggressive onslaught, the sangh parivar 
looks well set to meet its 2006 deadline for reshaping Orissa into 
the next 'laboratory for Hindutva'

BY ANGANA CHATTERJI

In Gujarat, Hindu extremists killed 2,000 people in February-March of 
2002. Muslims live in fear there, victims of pathological violence.

Raped, lynched, torched, ghettoised. A year and half later, Muslims 
in Gujarat are afraid to return to their villages, many still flee 
from town to town. Ghosts haunted by history. Country, community, 
police, courts - institutions of betrayal that broker their 
destitution. This is India today.

The National Human Rights Commission recognised the impossibility of 
achieving justice in Gujarat. The Best Bakery murder trial flaunted 
dangerous liaisons between government, judiciary and law enforcement. 
Those who speak out are vulnerable. Outcry against the consolidation 
of Hindu rightwing forces in India is subdued. In a world intent on 
placing Islam and Muslims at the centre of 'evil', Hindu nationalism 
escapes the global imagination.

Orissa is Hindutva's next laboratory. This July, in a small room on 
Janpath in Bhubaneswar, workers diligently fashioned saffron 
armbands. Subash Chouhan, state convenor for the Bajrang Dal, the 
paramilitary wing of Hindutva, spoke with zeal of current hopes for 
'turning' Orissa. Christian missionaries and 'Islam fanatics' are 
vigorously converting Adivasis (tribals) to Christianity and Dalits 
(erstwhile 'untouchable' castes) to Islam, Chouhan emphasised. He 
stressed the imperative to consolidate 'Hindutva shakti' to educate, 
purify and strengthen the state.

Western Orissa, dominated by upper caste landholders and traders, is 
a hotbed for the promulgation of Hindu militancy, while Adivasi areas 
are besieged with aggressive Hinduisation through conversion. Praveen 
Togadia, international general secretary of the VHP, visited Orissa 
in January and August 2003 to rally Hindu extremists. He advocated 
that Orissa join Hindutva in its movement for a Hindu state in India. 
'Ram Rajya', he promised, would come.

In Orissa, the sangh parivar is targeting Christians, Adivasis, 
Muslims, Dalits and other marginalised peoples. The network divides 
its energies between charitable, political and recruitment work. It 
aims at men, women and youth through religious and popular 
institutions. The sangh has set up various trusts in Orissa to enable 
fund raising, such as the Friends of Tribal Society, Samarpan 
Charitable Trust, Yasodha Sadan, and Odisha International Centre.

There are around 30 dominant sangh organisations in Orissa. This 
formidable mobilisation is the largest base of organised volunteers 
in the state. The RSS, responsible for Gandhi's death, was founded in 
1925 as the cultural umbrella. It operates 2,500 shakhas in Orissa 
with a 1,00,000 strong cadre. The VHP, created in 1964, has a 
membership of 60,000 in the state. Born in 1984, at the onset of the 
Ramjamanbhoomi movement, banned and reinstated since the demolition 
of the Babri Masjid in 1992, the Bajrang Dal has 20,000 members 
working in 200 akharas in the state.

Membership of the BJP stands at 4,50,000. The Bharatiya Mazdoor sangh 
manages 171 trade unions with a cadre of 1,82,000. The 30,000 strong 
Bharatiya Kisan sangh functions in 100 blocks. The Akhil Bharatiya 
Vidyarthi Parishad, an RSS inspired student body, functions in 299 
colleges with 20,000 members. The Rashtriya Sevika Samiti, the RSS 
women's wing, has 80 centres. The Durga Vahini, with centres for 
women's training and empowerment, has 7,000 outfits in 117 sites in 
Orissa.

Intent on constructing the 'ideal' woman who decries the 'loose 
morals' of feminism, the sangh seeks to train Hindu women to confront 
the 'undesirable' sexual behaviour "endemic" to Muslims and 
Christians. Such training endorses 'masculanisation' of the Hindu 
male looking to protect the fictively threatened Hindu woman.

In October 2002, a Shiv Sena unit in Balasore district in Orissa 
declared that it had formed the first Hindu 'suicide squad'. 
Responding to Bal Thackeray's call, over 100 young men and women 
signed up to fight 'Islamic terrorism'. The Shiv Sena appealed to 
every Hindu family in the state to contribute to its cadre. Squad 
members, it is speculated, will receive training at Shiv Sena nerve 
centres in Mumbai and elsewhere.

Why Orissa? The state is in disarray, the leadership labours to 
sustain a coalition government headed by the Biju Janata Dal and the 
BJP. The government is shrouded in saffron. As the sangh infiltrates 
into civic and political institutions seeking to 'repeat' Gujarat not 
many are paying attention. For the 36.7 million who reside in Orissa, 
Hindutva's predatory advance aggravates and capitalises on social 
panic in a land haunted by inequity.

Orissa houses 5,77,775 Muslims and 6,20,000 Christians, 5.1 million 
Dalits from 93 caste groups, and over 7 million Adivasis from 62 
tribes. Around 87 percent of Orissa's population live in villages. 
Nearly half the population (47.15 percent) lives in poverty, with a 
very large mass of rural poor. Almost a quarter of the state's 
population (24 percent) is Adivasi, of which 68.9 percent is 
impoverished, 66 percent illiterate and only 2 percent have completed 
a college education. 54.9 percent of the Dalits live in poverty. 
Concentrated in Cuttack, Jagasinhapur and Puri districts, 70 percent 
of the Muslims are poor. In March 2002, Orissa's debt amounted to 
24,000 crore rupees, more than 61 percent of the gross domestic 
product of the state.

In 2001-2002, the government of Orissa signed a memorandum of 
understanding with New Delhi to secure a structural adjustment loan 
of Rs. 3,000 crore from the World Bank and an aid package of Rs. 200 
crore from the department for international development, the overseas 
development branch of the government of the United Kingdom. This is 
conditional assistance, laden with extensive and hazardous 
consequences. People's movements protested this agreement for tied 
aid that supports irresponsible corporatisation and works against the 
self-determination of the poor.

Consecutive governments, including the present coalition, have failed 
to address entrenched gender and class oppressions as exploitative 
relations endure between the poverty-stricken and a coterie of 
moneylenders, government officials, police and politicians in Orissa, 
perpetuating displacement, land alienation, and untouchability. 
Floods have affected three million in 2003. Agricultural labourers 
are faced with serious food shortages with no alternative means for 
income generation. Scarcity has led to starvation deaths and people 
have committed suicide. Infant mortality, 236 in 1000, is the highest 
in the Union.

In the recent past, Rayagada district has witnessed despairing 
efforts to survive - the sale of children by families. In Jajpur 
district, a mother, a daily wage earner in a stone quarry, sold her 
45-day-old child for Rs. 60 this July. These measures have not evoked 
reflection and commitment on the part of the State. Rather, 
unconscionable attempts have been made to show that such action is 
emblematic of Adivasi and Dalit cultures.

Systematic disregard for the human rights of 'lower' caste, Adivasi 
and Dalit peoples is a social and structural predicament. In December 
2000, Rayagada witnessed state repression of Adivasi communities 
protesting bauxite mining by a consortium of industries in Kashipur 
that is detrimental to their livelihood. The industries were in 
breach of constitutional provisions barring the sale or lease of 
tribal lands without Adivasi consent. In response, state police fired 
on non-violent dissent, killing Abhilas Jhodia, Raghu Jhodia and 
Damodar Jhodia.

The absence of adequate social reform, the disasters of dominant 
development, economic liberalisation and corporate globalisation 
further antagonise already overburdened minority and disenfranchised 
groups, pitting them against each other. Hindutva targets the 
religion and culture of the disempowered as globalisation abuses 
their labour and livelihood resources. Such conditions produce the 
contexts in which marginalised peoples embrace identity-based 
oppositional movements.

The sangh exploits the fabric of inequity and poverty deviously to 
weave solidarity built on tales of a mythic Hindu past. Hindutva 
defames history, speaking of Muslims as the 'fallen traitors' among 
Hindus who converted to Islam. This revisionist history obfuscates 
the severity of inequity within Hindu society that led to conversions 
historically. Alternatively, Hindutva misrepresents Muslims as 
'terrorists' and 'foreigners', Christians as 'polluted'. Adivasis are 
falsely presented as Hindus who must be 'reconnected' to Hinduism 
through Hindutva. Dalit and lower caste people are raw material for 
manufacturing foot soldiers of dissension.

At the same time, caste oppression prevails in the sangh parivar's 
mistreatment of Dalits in Orissa, who have been assaulted for 
participating in Hindu religious ceremonies. In April 2001, a Dalit 
community member was fined Rs. 4,000 and beaten for entering a Hindu 
temple in Bargarh.

Poor Muslim communities are often socially ostracised in Orissa. 
Cultural and religious differences are diagnosed as abnormal. A 
Muslim community member from Dhenkanal said, "When Hindus celebrate a 
puja we are expected to pay our respects and even offer 
contributions. For them this is an example of goodwill, of how we are 
accepted into their society, indeed we are no different as long as we 
do not act differently."

A Muslim woman added, "Women face double discrimination, from men of 
our own community as well as from the outside". Women fear the sangh 
will perpetrate violence on their bodies to attack the social group 
to which they belong.

In witch hunting for the 'enemy within' to blame for India's befallen 
present, the sangh demands absolute loyalty to its tyranny, requiring 
an unequivocal display of obedience. The sangh dictates the rightful 
gods to worship, prayers to recite, legacies to remember. Hindutva 
imagines its actions above the law. It makes the unification of 
Hindus central to its mission. To do so, it organises Hindus to 
fulfil their 'manifest destiny', fabricating Hinduism as monolithic 
across the immense diversity of India.

Grassroots movements in resistance to the debacle of nation making 
are combating the sangh. Where Dalits, Adivasis and others are allied 
in subaltern struggles for land rights and sustenance, Hindutva 
intervenes, seeking to divide them. Grassroots democracy threatens 
upper-caste Hindu dominance and contradicts elite aspirations. To 
domesticate dissent, the sangh invigorates militant nationalism. In 
village Orissa, emulating Gujarat, the sangh works to create enmity 
between Dalits, Adivasis, Muslims and Christians. Progressive 
citizen's groups have initiated opposition, including the 'Campaign 
Against Communalism' in Bhubaneswar. Their capacity to contest 
despotic religiosity is linked to redressing political oppression, 
redistributing economic resources and overcoming injustice.

Fear of the sangh parivar runs deep in Orissa, producing 
acquiescence. The sangh's methods are sadistic, contributing to 
violations of life and livelihood. In January 1999, as the vehicle 
with Australian missionary Graham Staines and his two sons, Philip 
and Timothy, was torched in Keonjhar district, the mob's homage to 
'Jai Bajrang Bali!' pierced the state. Then followed the murder of 
Catholic priest Arul Das and the destruction of churches in Phulbani 
district. After much delay, last month, the Orissa district and 
sessions court delivered a verdict on the Staines' murder case, 
sentencing Dara Singh, the primary accused, to death, and 12 others 
to life imprisonment.

The Bajrang Dal continues its virulent onslaught in Orissa. In June 
2003, the Dal announced that it wouldorganise 'trishul diksha' 
(trident distribution), despite chief minister Naveen Patnaik's ban. 
Praveen Togadia planned on launching the trishul distribution 
campaign in Banamalipur in Korda district to provoke an area with a 
significant Muslim population. The Bajrang Dal plans to present 
trishuls to 5,000 as part of the Janasampark Abhiyan (mass contact 
programme) that anticipates reaching 100 million people in 2,00,000 
villages throughout India.

The objective? To spread aggression. Between July and September 2003, 
the Bajrang Dal organised intensive programs in Bhubaneswar, 
Sundergarh and Jajpur. Aimed at securing a 1,50,000 membership in 
Orissa, this is part of a larger campaign that targets Gajapati, 
Phulbani, Keonjhar, Mayurbhanj, Koraput, and Nabarangpur districts.

In Orissa today, the sangh mobilises for a Ram temple among people 
for whom Ayodhya is a tale from afar. By 2006, the birth centenary of 
RSS architect Madhav Sadashiv Golwalkar, sangh organisations promise 
that Orissa will be a poster state for Hindutva. The sangh's 
considerable advance in rural and urban Orissa has helped the BJP 
consolidate its position in the state, reflected in its gains in the 
state Assembly from one seat in 1985 to 41 presently. In return for 
its support, the sangh expects the government to tolerate its 
excesses. In March 2002, a few hundred VHP and Bajrang Dal activists 
burst into the Orissa Assembly and ransacked the complex, objecting 
to alleged remarks made against the two organisations by house 
members.

Development and education are key vehicles through which conscription 
into Hindu extremism is taking place. After the cyclone of 1999, 
relief work undertaken in a sectarian manner by RSS organisations 
granted the sangh a foothold through which to strengthen enrolment. 
Today, the Utkal Bipannya Sahayata Samiti works on disaster 
mitigation with facilities in 32 villages. The Dhayantari Shasthya 
Pratisthan manages four hospitals and six mobile centres.

In offering social services and carrying out rural development work, 
the sangh makes itself indispensable to its cadre as a pseudo-moral 
and reformist force. This continues the sangh parivar's long history 
of implementing sectarian development. Targeting the livelihood of 
the 'other' is a technique of saffronisation. The Bajrang Dal has 
been strident in stopping cow slaughter in Orissa, an important 
source of income for poor Muslims who trade in meat and leather. 
Muslims have been beaten and threatened by Hindutva mobs. In India, 
amid the staggering poverty in which 350 million live, the 
participation of government agencies in debating a ban on cow 
slaughter is contemptible. This debate is not about animal rights. It 
arrogantly contravenes the separation of religion and state. It is 
anti-Muslim, anti-Dalit, anti-Christian and anti-poor.

In Orissa, egregious infringements of human rights are taking place 
with the disintegration of Adivasi and other non-Hindu cultures 
through their hostile incorporation into dominant Hinduism. Sectarian 
education campaigns undertaken by RSS organisations demonise 
minorities through the teaching of fundamentalist curricula. There 
are 391 Shishu Mandir schools with 111,000 students in the state, 
preparing for future leadership. Training camps in Bhadrak and 
Berhampur aim at Adivasi youth.

Vanavasi Kalyan Ashram runs 1,534 projects and schools in 21 Adivasi 
districts. The sangh has initiated 730 Ekal Vidyalayas in 10 
districts in Orissa, one teacher schools that target Adivasis. The 
primary purpose of the schools is to indoctrinate villages into 
Hindutva. The teachers are offered Rs. 150-200 per month as 
honoraria, no salaries. The schools are free, supported through 
donations from organisations like the India Development Relief Fund. 
For Adivasi peoples, this facilitates cultural genocide that imperils 
self-determination movements struggling against a violent history of 
assimilation. The sangh asserts Adivasi political emancipation is a 
process of 'tribalism' that jeopardises the nation.

The sangh drives spiritual centres that use religious scriptures to 
incite sectarianism among Hindus. Vivekananda Kendras and Hindu 
Jagran Manch are active in Orissa together with Harikatha Yojana 
centres in 780 villages and 1,940 Satsang Kendras. There are 1,700 
Bhagabat Tungis in Orissa, cultural reform centres run by the sangh 
that aim at Hindus and Christians. Another line of attack is to 
forcibly convert Christians into Hinduism. Churches and members of 
the Christian clergy are apprehensive. In Gajapati and Koraput, 
Christians have sought state protection in the past.

In Gajapati district, RSS and BJP workers torched 150 homes and the 
village church in October 1999. A Dalit Christian activist said, "RSS 
workers tell me that Christianity brought colonialism to India, and I 
am responsible for that legacy. How am I responsible? Feudalism, 
imperialism, post-colonial betrayal. That is written across our 
bodies. How am I responsible?" In June 2002, the VHP coerced 143 
tribal Christians into converting to Hinduism in Sundargarh district. 
The Dharma Prasar Bibhag claims to have converted 5,000 people to 
Hinduism in 2002.

Orissa passed a Freedom of Religion Act in 1967 protecting against 
coercive conversions. The law, open to problematic interpretations, 
was overturned in 1973 and returned in 1977. In 1989, the state 
government activated requirements for religious conversion. In 1999, 
Orissa enacted a state order prohibiting religious conversions 
without prior permission of local police and district magistrates. 
Hindu fundamentalists diligently manipulate these provisions to 
intimidate religious minorities. Sangh organisations work with 
sympathetic police cadre to ensure that Hindu's do not convert.

The sangh purposefully confuses the distinction between the right to 
proselytise and the use of religion to cultivate hate. Hindutva 
propaganda accuses Christian communities of the former and labels it 
a crime. The sangh justifies its use of the latter in the interests 
of a higher truth, the 'righteous' action of reuniting Hindus. 
'Reconversion' is working well among the Christian community in 
Orissa, Subash Chouhan says, but not with Muslims. "Muslim 
reconversions are going slowly because mullahs, maulvis have created 
mosques and madrassas in village after village, and guard their 
children like chickens. That is the kind of people they are and that 
it why it is not so easy to get them back." For Muslims, the Bajrang 
Dal anticipates a different approach. Mr. Chouhan said that the Dal 
would engage in militancy if needed to "get the job done".

Hindutva stampedes across Orissa, inciting tyranny to establish 
itself. As power, culture and history shape the imagination of a 
nation, genocide is emerging as India's brutal legacy. In denial, in 
silent and active complicity, we allow Hindu extremists to march to 
the guttural call of hate. Hindutva hijacks the nation's aspirations. 
Its doctrine of 'blood, soil and race' rewrites the circumstances and 
complex histories that produced India. While the separation of 
religion and State in India is attempted at the constitutional level, 
Hindu militancy derives consent from Hindu cultural dominance.

Hindu ascendancy is assisted by the degree to which the authority of 
religion and the enabling cultural and gender hierarchies are 
enshrined deep within the popular psyche of the nation. This 
dominance assumes that to restrict religion to the private realm 
would deny India its historical 'consciousness'.

India, a land of 1.2 billion, a profusion of peoples, is bound to the 
promise of a different destiny. In the flux between yesterday and 
tomorrow, dreams and desires, inequities and intimacies collide to 
infuse the hybridity that is India. Her survival is contingent upon 
the Hindu majority's commitment to an inclusive, plural, secular 
democracy. The idea of a Hindu state in India is filled with 
discontent, held together by force. It must never come to pass.

(Note: Information used in this article is derived from multiple 
sources, including interviews with persons affiliated with sangh 
organisations).
(Angana Chatterji is a professor of Social and Cultural Anthropology 
at the California Institute of Integral Studies).

______

[2]

[BOOK REVIEW}

Business Standard
Friday, October 31, 2003

Displaced people in their homeland

C P Bhambhri

The Oxford University Press has published in a book form a Journal 
'Transeuropeennes Numero 19/20, 2000-2001' which is devoted to the 
study of changing 'borders', displacements, collective violence 
during and after Partition and the sufferings of 'refugees' and 
especially women victims of violence-led separations and divisions.

This study includes fifteen contributions. Seven of them are from the 
natives of India, Pakistan and Bangladesh and the narratives include 
Radha Kumar's 'Settling Partition Hostilities', Ranbir Samaddar, Syed 
Sikander Mehdi on 'Refugee Memory in India and Pakistan', Meghna 
Guhathakurta, Ritu Menon and Subhoranjan Dasgupta who provide 
narratives and oral history as told by the victimised 'women' and an 
interview by Mushirul Hasan.

The South Asian historical experiences dominate this volume as shown 
by the contributions of Seven South Asian and a French, Claude 
Markovits, on the Partition of India.

The Partition stories of erstwhile Czechoslovakia-Yugoslavia have 
been very poignantly described by Jacques Ruptnik under the caption 
'Divorce by Mutual Consent or War of Secession?'

DIVIDED COUNTRIES, SEPARATED CITIES
The Modern Legacy of Partition
Edited by Ghislaine Glasson Deschaumes
and Rada Ivekovic
Oxford University Press
Pages: 192/ Price: Rs 395

Cyprus and Jerusalem are also described in a journalistic manner and 
this book just offers a mixed bag of researchers and non researchers 
brought together to tell us about the Partition of India, Pakistan, 
Bangladesh, Yugoslavia, Czechoslovakia, Cyprus and Jerusalem.

Except Mushirul Hasan who in an interview, refers to the role of 
colonial powers fathering the partitions, all others have maintained 
a conspiracy of silence on the tragedy of partitions which were all 
gifted by the colonisers.

Penderel Moon, a British historian, has very aptly summed up the role 
of colonisers by mentioning their policy of 'divide and quit'. Radha 
Kumar is engaged in offering solutions to post-Partition 
'stabilisation policies' as President George Bush, Jr. is engaged in 
a post-aggression phase in Iraqi society.

Ranbir Samaddar has nothing to say about the pernicious role of 
colonisers and imperialists in institutionalisation of religious 
identities of Hindus, Muslims and Sikhs, but he is on his hobby horse 
that the post-colonial regimes are sleeping over the issue of 
self-determination of communities in new nation-states. More 
partitions in the name of right of self-determination are welcomed!

The best contribution is by Syed Sikander Mehdi on 'Refugee Memory in 
India and Pakistan' who rightly observes that the "Healing becomes 
all the more difficult in India and Pakistan where diverse and 
powerful interest groups have benefited from the business of conflict 
between the two post-colonial South-Asian states and where a culture 
of hate has been deliberately promoted on both sides of the border..."

Are the writers of the Hindutva project of history under the 
supervision of Sangh Parivar listening to the sane voice of a scholar 
from Pakistan that history based on hate will continue for ever the 
politics of violence! Not only this.

The past is not monolithic but it is plural and depends on its 
representation by colonisers and communal historians.

Mehdi rightly states: "But clearly there was another past-past which 
was humane and harmonising, even during the worst moments of communal 
frenzy - both before and after Partition."

Do we not know that victims and non-victims of Partition-linked 
violence receive succour and support from members of every community!

A fact which should have also been part of post-Partition memory of 
India and Pakistan that Prime Ministers Jawaharlal Nehru and Liaquat 
Ali Khan met at Amritsar on 18 August, 1947, just three days after 
Independence, to mobilise all resources to control the ugly situation 
of post-Partition killings.

Mohammed Ali Jinnah and Nehru also held a meeting to deal effectively 
with the inhuman tragedy in both the countries.

Colonisers followed 'divide and quit' and let anarchy prevail but the 
successor state leaders immediately jumped to grapple with the new 
situation of human tragedy.

Further, Partition studies have been occupied by the tragic events of 
two divided Punjabs, it is now that the two Bengals are receiving 
attention and Meghna Guhathakurta of Dhaka University and Subhoranjan 
Dasgupta of Jadavpur University in their two chapters bring out on 
the basis of 'Two Family Histories' and 'Trauma and Triumph'.

Dasgupta tells us: "What is the basic structure of emotion which 
distinguishes these Partition women? What is the unifying bond 
between Somavanti in the West and Sukumari Chaudhury in the East, 
Chapalsundari in Brindabon and Sabitri Chatterjee in Calcutta? It is 
essentially dialectical, operating between the two extreme points of 
trauma and triumph. Neither ultimately prevails over the other. For 
whenever trauma terminates, its memory mellows the quality of triumph 
or reconciliation."

The same tragedy is described by Antoine Maurice about how do you 
enter Jerusalem. He states: "Entering Jerusalem from the east is in 
itself a political choice."

Unlike the writers on Jerusalem or 'divided women' in divided 
countries, Radha Kumar and Ranbir Samaddar conceal the role of 
colonisers in bringing about Partition. One of the solutions to 
difficult problems as mentioned by Radha Kumar is "A change of heart 
in the parent nation/diaspora support".

Radha should know, because there is enough empirical evidence, that 
diaspora is also manipulated and maneuvered by the imperialists in 
generating conflicts among 'ethno-religious groups' leading to 
partitions in the parent nation.

The best example is America's support to Jewish Israel against 
struggling Palestinians on the basis of a quid pro quo between Jews 
of America and Israel to act as policemen for American's in oil-rich 
Arab countries.

The Indira Gandhi government had 'hinted' that the American CIA was 
manipulating a section of Sikh diaspora to instigate secessionist 
movements in Punjab. Radha should know that Hindu communalists in the 
US are funding the fascist Vishwa Hindu Parishad.

A few contributions in this edited volume are outstanding and a few 
others are non-descript because Oxford University Press has 
compromised with its own standards of publication by converting a 
journal into a book without a format and a reasonable quality of an 
edited volume.


____



[3]

[Book Reveiw]

o o o

The Hindustan Times, October 31, 2003
Op-Ed.

Reality bites
Inder Malhotra

  Many years ago, during a visit to Athens, I had discovered to my 
dismay that in Greek the expression for newspapers is the same as 
that for 'ephemeral'. There is no trace of transitoriness, however, 
in the writings, over the last half-a-century and more of Sham Lal, 
the highly respected former editor of The Times of India, now 91.

In fact, these retain not just freshness and resonance but also 
striking relevance to what is going on - and going wrong - in India 
today.

With his endearing modesty that he combines with tremendous 
erudition, Sham Lal insists, nevertheless, on drawing attention to 
one limiting factor: the inevitably "fragmentary character" of the 
exploration or evaluation of any aspect of life in "so large and 
diverse a society as India's" - especially at a time "when the 
virtual and the imaginary often pass as real". Hence the title of his 
second, landmark book, Indian Realities: In Bits and Pieces (Rupa), 
the first, A Hundred Encounters, having appeared two years ago.

The earlier book was a compendium of his famous reviews of works by 
the best minds that shaped and enriched the last century. The present 
one is an equally fascinating collection of his essays, over the last 
five decades, on the national scene though half a dozen pieces have 
been written specially for this book. Each scrutinises some aspect of 
Indian history, politics, sociology, economy, culture, art, 
literature and even the media. His range is matched by admirably 
thoughtful and thought-provoking content and scintillating style.

Indeed, as a wordsmith, the Grand Old Man of Indian Journalism has 
few equals. This should explain why his book is suffused with 
enlightening insights and enviable turn of phrase. Of the latter, let 
me cite just two examples. First, that the entire political class has 
conspired to see to it "that anything goes but nothing works". 
Second, he punctures the inflated egos of Indian intellectuals by 
simply stating that "there is no 20th century tyranny which has not 
had unreserved support from one group of intellectuals or another".

Given the staggering width of Sham Lal's canvas and the limit on the 
available space, one will have to be ruthlessly selective, leave out 
a lot and concentrate on his overview of the past and the present and 
forecast about the future. In 'Untidy Balance Sheet', he holds the 
"more than three-fold increase in food production", enough to feed 
the 600 million additional mouths, to be the "biggest success" of the 
last 50 years. The "wide diversification of the economy", a steady 
expansion of the middle-class, the creation of a "very large body of 
scientists and technologists" and a "notable" increase in life 
expectancy are other "substantial but less dramatic" gains.

Also high on the credit side of the ledger is the survival of 
democracy in this huge and developing land - except during the 
squalid interlude of the Emergency. But he bemoans, rightly, that 
institutions, imported from Britain and necessary to preserve the 
democratic system have almost broken down.

However, the bottomline is less flattering. "India's post-colonial 
history", says the author, "has been a story of frustrated hopes, 
sluggish economic growth, political fragmentation, increased violence 
in public life and a growing overload of demands on the system which 
the State is unable to process or mediate because of the steady 
erosion of its steering capacity." Herein lies a clue to his somewhat 
pessimistic prognosis of the future.

This might seem odd at a time when India's economy has become the 
world's fourth largest; most countries and regional groupings are 
seeking 'strategic partnerships' and free-trade arrangements with it; 
the eminent American scholar, Stephen Cohen, has written a book on 
India as an 'emerging power'; and the post-monsoon, post-Diwali 
'feel-good' ambience is palpable. But Sham Lal is not taken in by the 
privileged elite's periodic bursts of euphoria. Calmly he sets out 
the reasons why he takes a different view.

He cites the baleful impact of the burgeoning population and the even 
more 'malevolent' side of globalisation that empowers the possessors 
of 'investment capital and new technologies' and enables them to "rig 
the terms of trade against the poor nations without the latter being 
able to do anything about it". At the same time, he underscores the 
ironic consequence of the democratic process itself - the "splintered 
political life", fractured electoral verdicts, hung Parliaments, 
political instability and a "further deepening of the crisis of 
governance".

Above all, Sham Lal returns again and again, just as the tongue does 
to the sore tooth, to the mounting dangers to national unity arising 
from the aggressive assertion of 'aggrandised identities' based on 
religious, regional, ethnic, tribal and parochial affiliations. In 
one of his many memorable sentences, he adds that politics today 
mostly draws persons with a "yen for powers of patronage and 
insensitive to the obscenity of the stark contrast between the newly 
rich and those who are without work and often without enough to eat". 
Indeed, he even wonders whether the "best part of the Nehruvian 
legacy - the main credit for giving a happy start to democratic 
politics goes to him - can survive for long" under existing 
circumstances.

Swimming against the tide as he often does, Sham Lal warns against 
the "puerile and unprincipled character of coalition politics" - a 
warning the country should heed. As he says, those with a "big stake" 
in a fractured polity - "how else can small groups, with a marginal 
presence in the Lok Sabha, have a share of the spoils of office - 
have exalted coalition politics into a public virtue and made a 
strong Centre a pejorative phrase... But a national polity, or even a 
national perspective on issues of concern to all, cannot emerge from 
a system in which not only the Centre and the states but partners in 
the ruling coalitions at the Centre itself work at cross-purposes".

At a time when RSS Sarsangh-chalak K. Sudershan speaks of the 
communal carnage in Gujarat as the "beginning of a new Mahabharata 
war", the Hindutva extremists' concerted attack on secularism is a 
matter of the gravest concern. Sham Lal addresses it with his usual 
forthrightness. He notes that the prime minister in his 'musings' 
from Goa did note delicately that the "extremists in his own 
ideological family" were "stoking" the fires of Hindu-Muslim hatred 
and "queering the pitch for their living together in amity". But once 
it came to Hindutva, even Atal Bihari Vajpayee sought to blur the 
issue.

Atalji has argued subtly and his deputy, L.K. Advani, explicitly that 
Hindutva and Indianness are one and the same thing. Sham Lal asks 
pertinently that if Vajpayee and his ideological family are keen to 
promote the idea of Indianness as something superseding the divisions 
of creed, caste and ethnicity, "why not go in for its literal 
equivalent in Hindi, namely Bharatiyata"? To this one might add that 
if Hindu and Indian are indeed interchangeable terms then what 
happens to the citizens of the world's only Hindu kingdom? Do they 
cease to be Nepali or do the cease to be Hindus?

____


[4]

(Indian Express October 30, 2003 - edited version)

LAW: PUNISHMENT OF CRIMES FOR ENFORCEMENT OF MORALITY
by Rakesh Shukla

The Union Government stand on a petition in the Delhi High Court 
challenging section 377 of the Indian Penal Code (IPC) which 
criminalizes homosexuality appears to be on shaky ground. The 
provision with its biblical overtones came into the Indian statute 
books through enactment by the English Parliament of the Indian Penal 
Code in 1872!

The precedents and judgements adjudicating as to the acts of sex 
which would fall within the offence created by the section are 
replete with archaic references to the "Sin of Gomorrah being no less 
carnal intercourse than the Sin of Sodom" and in concluding that "all 
the ill consequences (of the sin of Sodom) would equally follow in a 
city where the sin of Gomorrah was tolerated". In earlier times, 
alongwith heresy and apostasy, sodomy was considered as a form of 
treason against God, tried in ecclesiastical courts and punished with 
death in England. The Sexual Offences Act, 1967 decriminalized 
homosexual acts between consenting adults in United Kingdom.

At the best of times the link of societal approval or disapproval to 
prevalent law is not easy to ascertain. In a society riven by 
divisions of class, gender and caste, to put forth consensual 
societal disapproval as the reason to oppose the legalisation of 
homosexuality seems to have little substance. Phrases like 'society 
disapproves of it' are more often than not used  to try and buttress 
one's own biases, prejudices and views and hardly represent a legal 
argument worthy of adjudication. Barring a direction to hold a 
referendum on the issue, an argument like 'society approves of it' 
and the counter-argument that 'society disapproves of it' can hardly 
be decided in courts which, unlike the media, are concerned with law 
and not conducting opinion-polls in society. The presumption of an 
across the board accepted set of mores or norms which have societal 
'approval' in contrast to 'disapproved' acts is in itself flawed.

Again, lack of universal acceptance of sexual preference in society 
as a major plank to oppose homosexuality raises the question of the 
relation between law and the values, norms, behaviours prevalent in a 
society. In a society which is unequal should the right to equality 
not be postulated as fundamental? The logic of 'universal acceptance' 
in society as a sina qua non for law to advance would inevitably lead 
to the conclusion that the abolition of 'untouchability' under the 
Constitution and the enshrinement of equality was wrong and 
pre-mature lacking universal acceptance.

The reduction of the dialectic and complex interplay of law, society, 
legal norms and social norms to a linear paradigm of 'universal 
acceptance' and 'societal approval' would impact social reform 
legislations dealing with issues like child marriage, pre-natal sex 
determination, Sati prevention in a major way. The 'acceptance' and 
'approval' thesis also betrays a lack of understanding of the 
dominant norm in society. The dominant norm or ideology is not to be 
taken to mean that the only the dominant sections share belief in the 
norm or ideology. The dominant norm subsumes and occupies all space 
leaving no room for the subaltern. The fact that a large majority of 
the dominated, the exploited, the discriminated internalize and 
accept the prevalent norm does not alter the factum of oppression, 
exploitation and discrimination.

Norms about a hundred different things ranging from the benign like 
truth, honesty, integrity to the offensive about colour, caste, class 
may be prevalent in any society at a given point of time. However, 
heterosexuality with its constricting of the fluidity and wide range 
of sexuality is probably the most dominant norm of them all in 
present times. The tremendous resistance to the acceptance of the 
simple fact, that just as a certain percentage of people are 
left-handed and the rest right-handed, people have different sexual 
preferences - homosexual, bisexual, heterosexual with no issues of 
morality and values at stake, is indicative of the deep rooted 
pervasiveness of the hetero-sexual norm.

Infact, 'Unnatural offences', the title of the section (377 IPC) and 
the use of the phrase 'carnal intercourse against the order of 
nature' in the main text bring us back to more or less the same basic 
paradigm. In times when governments are vigourously pushing condoms, 
intra-uterine devices (IUDs) and injectable contraceptives like 
net-en, to bring in the binary of 'natural' and 'unnatural' inorder 
to criminalize an act is indeed an irony! In the premises of this 
paradigm contraception is "unnatural" stopping the procreation of the 
human race which is "natural"as is believed by a sizable section in 
society! Carnal heterosexual intercourse using contraception will 
have to be penalized as 'against the order of nature' under the 
section!

The 'natural-unnatural' as well as the 'acceptance - non-acceptance' 
paradigm lead to the question whether acts which are deviations from 
the 'approved' dominant norms should be penalized as crimes by the 
law. Generally, a person is punished for acts which cause harm to 
others as in say murder or theft. However, there are certain 
statutorily created offences akin to criminalizing homosexual acts 
between consenting adults like penalizing possession of alcohol in 
Gujarat or of marijuana for personal use, which fall within the 
category of "victimless" crimes. The rationale for the criminalizing 
these acts is that they are considered vices which in turn are 
supposed to lead to crimes. 

As the Union Government's affidavit puts it deletion or removal of 
homosexuality as a crime would open "floodgates of delinquent 
behaviour and be construed as giving unbridled licence for the same". 
In this era of science no data showing that homosexual activity leads 
to more crimes has been offered or it appears even been considered 
before making this remarkable statement on oath in court. Presumably, 
we are to accept this co-relation as an axiomatic, God-given, 
self-evident truth!

The larger jurisprudential question which it raises whether the State 
should criminalize what it considers to be vices needs to be opened 
up and debated. Indeed, more than a century ago, dissecting State 
sanctioned moral coercion, Lysander Spooner in Vices Are Not Crimes: 
A Vindication of Moral Liberty argued that the government should 
protect its citizens against crime, but it is foolish, unjust and 
tyrannical to legislate against vice.


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

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). [Please note the SACW web site 
has gone down, you will have to for the time being search google 
cache for materials]
The complete SACW archive is available at: 
http://bridget.jatol.com/pipermail/sacw_insaf.net/
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partial back -up and archive for SACW. http://perso.wanadoo.fr/sacw/

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

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